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HomeMy WebLinkAbout2022-08-30 10:00AM REGULAR2012 t-,UG 2b P 2= 15 BRAZOS COUNTY B RYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE' COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 30, 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 FACE BOOK.COM/BRAZOS000NTYTX Invocation and Pledge of Allegiance • U.S. and Texas Flag — Commissioner Ford 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 21 Approval of appointment of Jackie Flagg to the Brazos County Child Welfare Board. ;%Term of appointment is August 30, 2022 -August 30, 2025. 'Approval of the following Job Descriptions: • a. Chief Public Defender (Texas Indigent Defense Commission Grant) 2080 hours (130130) • b. Detention Counselor (Juvenile Services) 2080 hours (132811) • c. Juvenile Parole Officer (TJJD Community Based) 2080 hours (132819) • d. Juvenile Probation Officer (TJJD State Aid) 2080 hours (B1832) • e. Juvenile Probation Officer (Juvenile Administration) 2080 hours (B1883) • f. Juvenile Probation Officer (TJJD Basic Court)2080 hours (132817) • g. Juvenile Probation Officer (TJJD Grant F) 2080 hours (B1884) • h. Juvenile Probation Officer (TJJD State Aid) 2080 hours (132818) • i. J uvenile Probation Officer -1 (J uvenile Administration) 2080 hours (B 1817) • j. Juvenile Probation Officer- 1 (Juvenile Services - Court) 2080 hours (132813) • k. Juvenile Probation Officer (TJJD Grant F) 2080 hours (B1868) • I. Juvenile Probation Officer Title IV (TJJD State Aid) 2080 hours (B 1887) Vol. Pg. � ,_ 5. Request from Risk Management for acceptance of donated funds in the amount of $7,277.25 from the Texas Association of Counties to be used for Employee Safety Equipment. 6. Consider and discuss lifting bum ban issued on June 28, 2022. 7. Approval of the Annual Agreement for Clinical Psychology Services between TAMU and Brazos County Detention Center - Commissary Fund. 8. Approval of the Brazos County Clerk's Records Management and Archival Plan to collect a $10.00 fee for non -court filings. 9. Request from the Sheriff's Office for approval of a Diners Club Card for Patrick Montoya with a limit of $1,000 for county emergency use. 10. Approval of Contract#22-160 with Imagine Learning LLC for Juvenile. 11. Approval of Contract #22-164 for Residential Treatment Services Long -Term with Milani County. 12. Approval of Contract #22-165 Residential Treatment Services Short -Term with Milani County. 13. Permission to advertise Bid #CI P 22-555 Security Key Management System. 14. Approval of Renewal #23-014R for Vending Machines for Brazos County Buildings with Accent Foods and PepsiCo. 15. Approval of the Final Plat of Block 1, Lot 1 R, The Meadows Phase 11 (2) being a replat of Block 1, Lots 1 & 2 The Meadows Phase 11; 2.299 Acres; C. Raney Survey, A-201 and A. Miller Survey, A-165; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. 16. Acceptance of Special Warranty Deed from Walter and Christina Roberts for 1.564 acres of land to be used for the improvement of Sand Creek Road. Site is located in Precinct 2. 17. Request permission ,to enter private property owned by William L. Davis, IV on Sand Creek Road in order to replace roadway culvert and perform earthwork to improve drainage. Site is located in Precinct 2. 18. Tax Refund Applications for the following: Overpayments • a. Mikel Stephens - $209.56 • b. Kantessa Castillo - $7.94 19. Budget Amendments. FY 21/22 Budget Amendments 45.01 ,- 45.09 20. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 21. Payment of Claims. 22. Acknowledgement of YF 2021 - 2022 Budget to Actuals by Fund as of August 24, 2022. Vol. pg. 13-7 23. Acknowledgement of monthly reports submitted in August 2022. 24: Juvenile director's report on detention population. 25. Sheriff's report on inmate population. 26. Announcement of interest items and possible future agenda topics. 27. Call for Citizen input and/or concerns 28. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Courts presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioner's Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COIWBRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES AUGUST 30, 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 30, 2022 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Russ Ford, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; 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 Ford 2. Call for Citizen input and/or concerns Dixie Bollin spoke on behalf of her son who is incarcerated in the Brazos County Detention Center. Ms. Bollin alleged numerous issues within the jail such as calls being blocked, mail fraud and mental games being played on the inmates. She asked that the Court look into the allegations. Sabrina Wren, a Junior at Texas A&M University encouraged the Court to reconsider selecting the Memorial Student Center as an early voting location. Ms. Wren stated that the location is vital for a large tum-out of new voters on campus, as students do not have time to travel to another location. I0V,1pg, Kristina Samuel, a Senior at Texas A&M University opposed the removal of the Memorial Student Center as an early voting location. Ms. Samuel stated that by changing the location, the student body and staff are disenfranchised. She believes this will result in a lower voter turn -out in the November 2022 Election. Varum Vuppaladadiyam, student at Texas A&M University asked that the Court reinstate the Memorial Student Center as an early voting location. He stated that the student body is a large population of civically engaged citizens that desire to vote. He noted that with the traffic on Texas Avenue and a portion of the students not having a vehicle, it would make it hard for them to vote and could potentially deter them from voting all together. Kevin Pierce, Sophomore at Texas A&M University spoke in opposition on removing the Memorial Student Center as an early voting location. He stated that it would make it much harder for students to vote. Mariah Moya is in favor of reinstating the Memorial Student Center as an early voting location. She stated that by removing it as a location, the students voices are being silenced. She anticipates lower voter tum-out. Christopher Livandais asked that the Court reinstate the Memorial Student Center as an early voting location. He believes it is a staple location for voting in the community and that this will disenfranchise students. Robert Madriaga, a Senior at Texas A&M University requested the reinstatement of the Memorial Student Center as an early voting location. He cited a lack of public transportation to City Hall and the potential to discourage student voters as the reason for his request. Mark Coppock raised concerns over the FY 2023 Proposed Property Tax Rate. Mr. Coppock stated that he is in strong support of closer to a two to three percent increase over last years property tax revenue. Ronnie Vitulli asked that the Court tighten the budget in order to allow for a lower property tax rate. Mr. Vitulli gave a comparison of the proposed budgets in McLennan County and Travis County. Shauna Cox reiterated that she believes the proposed property tax rate is too high. She asked that the Court not burden the citizens in this economy. Jay Meador, Financial Fitness Director discussed his thoughts on the proposed property tax rate. Mr. Meador feels that this will create more of a burden on the Non -Profit Organizations already struggling to meet the needs of the citizens in the community. Susan Lucas stated that she would like the Court to adopt the No New Revenue Rate. Jody Quimby, a Brazos County resident of over 40 years stated the proposed property tax rate is an overreach of local government power. He encouraged the Court to get together and discuss tightening the overall budget. Vol. --i 72=j P9• Consider and take action on agenda items: 3 - 21 3. Approval of appointment of Jackie Flagg to the Brazos County Child Welfare Board. Term of appointment is August 30, 2022 - August 30, 2025. Commissioner Berry noted that the correct spelling is "Jacque Flagg". Motion: Approve, Moved by Commissioner I rma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 4. Approval of the following Job Descriptions: • a. Chief Public Defender (Texas Indigent Defense Commission Grant) 2080 hours (130130) • b. Detention Counselor (Juvenile Services) 2080 hours (132811) • c. Juvenile Parole Officer (TJJD Community Based) 2080 hours (132819) • d. Juvenile Probation Officer (TJJD State Aid) 2080 hours (131832) • e. Juvenile Probation Officer (Juvenile Administration) 2080 hours (131883) • f. Juvenile Probation Officer (TJJD Basic Court) 2080 hours (132817) • g. Juvenile Probation Officer (TJJD Grant F) 2080 hours (B1884) • h. Juvenile Probation Officer (TJJ D State Aid) 2080 hours (132818) • i. Juvenile Probation Officer-1 (Juvenile Administration) 2080 hours (131817) • j. Juvenile Probation Officer-1 (Juvenile Services - Court) 2080 hours (132813) • k. Juvenile Probation Officer (TJJD Grant F) 2080 hours (131868) • I. Juvenile Probation Officer Title IV (TJJD State Aid) 2080 hours (131887) A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 5. Request from Risk Management for acceptance of donated funds in the amount of $7,277.25 from the Texas Association of Counties to be used for Employee Safety Equipment. A copy of the donation form is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes Aldrich, Berry, Cauley, Ford, Peters. 6. Consider and discuss lifting bum ban issued on June 28, 2022. Deputy Emergency Management Coordinator Jason Ware stated that Brazos County has received enough rain to lower the drought index. He has spoken with the local Fire Chiefs and all but one are in agreement to recommend lifting the bum ban. The Court voted unanimously to terminate the order restricting outdoor burning. A copy of the order is attached. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Bevy, Cauley, Ford, Peters. 7. Approval of the Annual Agreement for Clinical Psychology Services between TAMU and Brazos County Detention Center - Commissary Fund. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 8. Approval of the Brazos County Clerk's Records Management and Archival Plan to collect a $10.00 fee for non -court filings. A copy of the plan is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 9. Request from the Sheriff's Office for approval of a Diners Club Card for Patrick Montoya with a limit of $1,000 for county emergency use. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 10. Approval of Contract #22-160 with Imagine Learning LLC for Juvenile. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 11. Approval of Contract #22-164 for Residential Treatment Services Long -Term with Milam County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Bevy. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 12. Approval of Contract #22-165 Residential Treatment Services Short -Term with Milam County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. E pg. 13. Permission to advertise Bid #CI P 22-555 Security Key Management System. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 14. Approval of Renewal #23-014R for Vending Machines for Brazos County Buildings with Accent Foods and PepsiCo. Commissioner Berry questioned whether the County went out for bid prior to placing the renewal on the agenda. Purchasing Agent Charles Wendt informed the Court that this renewal is listed in the original contract however, the County will be going out for bid in the near future. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 15. Approval of the Final Plat of Block 1, Lot.1 R, The Meadows Phase 11 (2) being a replat of Block 1, Lots 1 & 2 The Meadows Phase 11; 2.299 Acres; C. Raney Survey, A-201 and A. Miller Survey, A-165; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 16. Acceptance of Special Warranty Deed from Walter and Christina Roberts for 1.564 acres of land to be used for the improvement of Sand Creek Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 17. Request permission to enter private property owned by William L. Davis, IV on Sand Creek Road in order to replace roadway culvert and perform earthwork to improve drainage. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Russ Ford, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 18. Tax Refund Applications for the following: Overpayments • a. Mikel Stephens - $209.56 • b. Kantessa Castillo - $7.94 1 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 19. Budget Amendments. FY21/22 Budget Amendments 45.01 -45.09 Commissioner Aldrich noted a correction needed on Budget Amendment 45.08. It was listed as the "362nd" District Court and should say the "361 st District Court". Commissioner Aldrich also requested explanation of the amendment to which, Auditor Katie Conner and Budget Analyst Nina Payne elaborated on the item. 45.1 Transfer funds from Commissioners Court Non -Capital fund to Constable, Precinct 3 Non -Capital fund. 45.2 Reallocate Exposition Complex funds. 45.3 Transfer funds from Commissioners Court to 361 st District Court. 45.4 Transfer funds from Contingency to Fleet Services. 45.5 Transfer funds from Contingency to Exposition Complex. 45.6 Reallocate Health & Life Insurance Fund. 45.7 Transfer funds from Commissioners Court to 272nd District Court. 45.8 Transfer funds from Commissioners Court to 361 st District Court. 45.9 Reallocate Health & Life Insurance Fund. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 20. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status requests is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Irma Cauley. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 21. Payment of Claims. Claims 8117187 - 8117361 9005638 - 9005686 Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Russ Ford. Passed. 5-0. Ayes: Aldrich, Berry, Cauley, Ford, Peters. 22. Acknowledgement of FY 2021 - 2022 Budget to Actuals by Fund as of August 24, 2022. The Court acknowledged receipt of the 2021-2022 Budget to Actuals by Fund as of August 24, 2022. 23. Acknowledgement of monthly reports submitted in August 2022. The Court acknowledged receipt of the Extension Service reports submitted in August 2022 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk Constable, Precinct 2 Justice of the Peace, Precinct 4 Veterans Services 24. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 32 juveniles in the detention center, 24 are male and 8 are female, and 33 have electronic monitors. 25. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 651 inmates in jail, 538 inmates are male and 113 are female, 60 have electronic monitors and 11 are pending for processing. 26. Announcement of interest items and possible future agenda topics. Commissioner Aldrich requested an agenda item to reconsider using the Memorial Student Center as an early voting location in future elections, as the deadline for the November 2022 General Election has already passed. Commissioner Ford asked for further negotiation on the Proposed Property Tax Rate. Commissioner Aldrich concurred stating there is not sufficient time to consider the citizen's remarks between the Public Hearing and Commissioners Court meeting on September 6, 2022. Commissioner Cauley noted upcoming deadlines for adopting the budget and stated she was unwilling to discuss a different rate. Auditor Katie Conner advised that a Special Called Session could take place if further discussion was needed. 27. Call for Citizen input and/or concerns There was no Citizen input. 28. Adjourn. The foregoing minutes of the Commissioners Court Meeting held August 30, 2022 have been examined and are approved in open Court this 6ch County, Texas. .Duane Peters County Judge Russ Ford Commissioner, Precinct 2 Irma Cauley Commissioner, Precin 4 Attest: G Karen McQueen County Clerk day of September 2022, in Bryan, -Brazos Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 Vol. Pg. 02 � Pg/of 4 BRAZOS COUNTY COMMISSIONER'S COURT - AY OF , 20 �- �� AM/PWf, Name KOMM yi e r6 e moyo, �5 we JN Organization (PLEASE PRINT) ;l /--z 2-_-_ WAS _��. � A , ew tM0, v Pg , of BR.AZOS COUNTY COMMISSIONER'S COURT 6 DAY OF 20 "/PM5 Name (PLEASE PRINT)"a �Ld J -P Organization (PLEASE PRINT) A)Z �7 kd--Al kWY e,/r(Zav va. 37P� P9. � Pg, ? of--!�Z Name (PLEASE PRINT) BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20;�2— ,v AMW- Organization (PLEASE PRINT) M l(.-��d��-� s�S Vol. pg. Pg <Z- of 4 BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20— 1081 c� AMA, Name (PLEASE PRINT) I n-m&r a Brazos County Job Description Last Updated: 8/22/2022 Template Revision 1.2 08/1512012 Class Number: B0130 Title: Chief Public Defender Pay Group: Department: Texas Indigent Defense Commission Grant FLSA Status: Exempt Reports To: Brazos County PDO Oversight Board Approved Date: EEOC Category: General Summary: The Brazos County Public Defender's Office (BCPDO) is a new public defender office, funded in part by the Texas Indigent Defense Commission (TIDC), that will serve Brazos County and initially funded for a staff of ten (10) with the expectation of further growth after two (2) years. The Chief Public Defender will be an employee of Brazos County and currently the office is expected to start accepting cases no later than January 2, 2023. The Chief Public Defender for Brazos County will direct the office that provides publicly assisted representation of clients in criminal cases, including felonies, misdemeanors juvenile cases, and appeals. Participates in planning programs, policies, or objectives for own work group and department. The Chief Public Defender is a full-time position without any outside legal or alternative dispute resolution practice. Essential Duties. - Ensures the functions and services of the Public Defender's Office are provided in accordance with the requirements of State and Federal Constitutions, State and Federal Law, and State Bar of Texas ethical rules. • Prepares, monitors and updates the procedure/operations manual as well as the budget for the BCPDO • Plans, organizes, directs, and manages the day-to-day operations of the Public Defender's Office • Oversees felony, Class A & B misdemeanor cases and all juvenile cases to include both jury and non -jury matters, as well as appeals • Supervises planning, development, preparation and monitoring of annual budget and statistical reports • Develops and maintains good working relationships with courts while continuing to act as a vigorous advocate for the rights of clients being represented • Directs and controls the organization, staffing, administration, and evaluation of all authorized activities of the Public Defender's Office • Supervises the work of all other BCPDO attorneys in felony, misdemeanor, and juvenile cases • Responsible for the selection, training, annual evaluation, promotion and termination of attorneys and other staff • Presents to social and civic groups, incarcerated persons, and other organizations to publicize, promote, and explain the public defender program • Represents the Public Defender's Office in appropriate public and professional meetings and conferences, in interactions with state and municipal officials, County and State bar associations, and citizen groups • Makes regular reports to the BCPDO Oversight Board and such other reports to the participating stakeholder's commissioner's courts as requested • Performs other duties as assigned NOTE: The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position. Other Duties as assigned. Supervision Received: Brazos County Public Defender's Oversight Board Given: Nine (9) staff to include four (4) attorneys, four (4) administrative staff and one (1) investigator Education : I Graduation from an accredited Law School with a Preferred: --� Duane peters Date ®l• F'g � County ludge Experience Required: Seven (7) years or more practicing criminal law. Minimum of three (3) years of mid4o-senior level supervisory or management experience including direct supervision of criminal defense attorneys. Experience with cases in felony and misdemeanor courts, including service as lead counsel on felony and misdemeanor criminal matters from initial charges all the way to taking a case to verdict In a jury trial. Preferred: Experience in juvenile and criminal appeals as well as experience with developing and Implementing organizational budgets and leading or assisting in leading a public defenders office. Prefer candidates with trial experience having taken at least 20 felony cases to trial, excluding motions to revoke. Required: Licensed by the Supreme Court of Texas and a member in good standing with the State Bar of Texas without adverse disciplinary history and MCLE complaint. Valid Texas Driver's License with good driving history. Preferred: Ph sisal Demands Typical: Daily use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel: Daily standing, walking, sitting, talking and listening; Frequent reaching with hands or arms; Occasional lifting of objects up to 40 pounds; climbing or balancing, stooping, crouching or kneeling; close vision and ability to adjust focus. Skills, & Typical: Advanced research and writing skills, including trial advocacy, legal research, and library skills. Verbal and written communication, supervisory, management, budgeting, and organizational skills; interpersonal skills, and ability to deal effectively with the public, other employees and elected officials. Must have high degree of case evaluation and advocacy skills, expertise in trial of misdemeanor and felony criminal cases, advanced knowledge of the rules of evidence, case law, penal code, code of criminal procedure and appellate rules. Work Environment Typical: Work is performed primarily in a climate -controlled private office. Provides 24-hour on -call assistance to county officials and law enforcement officials. Meeting with clients in jail, as necessary. Noise level is quiet. r- Brazos County Job Description Last Updated: August 2022 Template Revision 1.2 08/1 M012 Class Number: B281 l Title: Detention Counselor - Juvenile Administration Pay Group: 20 Department: Juvenile Services FLSA Status: Exempt Reports To: Deputy Director Approved Date: EEOC Category: Professional General Summa : Brazos County Juvenile Probation Department invites application for a Licensed Sex Offender Treatment Provider (LSOTP) or Affiliate Sex Offender Treatment Provider (ASOTP). Applicants will be considered for the position depending on qualifications. )Essential Duties: Responsibilities of the position include a) providing individual, group, and family counseling services to court ordered and/or adjudicated youth and their families for sexual offense referrals, b) monitoring court ordered and/or adjudicated youth and their family's progress or other needs with regular session notes, c) conducting psychosexual risk assessments to juvenile justice involved youth through use of interviewing, psychological instruments, and report writing, d) maintaining updated research on treatment of sex offenders that is applied in practice and shared with team members, e) testifying in court and other hearings as needed, f) participating in a 24-hour availability on -call rotation for suicide risk -assessment, and g) attending and actively participating in staff meetings. Assists with and conducts staff training and development. Facilitates and participates in departmental programs_ Develops and assures treatment is in compliance with department, state, professional, and national standards. Supervises. interns regarding ongoing assignments and duties. Follows all established policies, procedures, and practices of the department. Abides by the Texas Juvenile Justice Department's Code of Ethics. A successful candidate is expected to engage in an eclectic approach to treatment, interpret test data, evaluate sex offender treatment, enhance activities for treatment efficacy and effectiveness, comply with HIPAA laws, and maintain respect and professionalism with clients and colleagues. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other duties may be assigned. Other Duties as assigned. Supervision Received: Deputy Director o� nmle ane�'-eters Dat Given: Not applicable County Judge Education Required. At least a master's degree in psychology, counseling, social work, marriage and family therapy, or a related field from a college or university. Preferred: N/A Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Experience with clients in the criminal justice sMtem is desirable. Bilingual Spanish speaker EVol. 3 -7 3o 3 :d Certificates, Licenses, Demands Required: Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state. Current and active license as a Licensed Sex Offender Treatment Provider (LSOTP) or Affiliate Sex Offender Treatment Provider (ASOTP) by the state of Texas. Must maintain valid license for continued employment in position. Successful clearance of background checks that include finger printing, drug testing, and maintenance of licensing. Preferred: I N/A Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/o fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 50 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception, and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Typical: Foundational knowledge of youth emotional, cognitive, moral, and social development. Knowledge of facts, concepts, principles, and theories of human behavior related to justice - involved youth. Basic knowledge of community resources, assessments, interventions, and referral sources. Possess excellent verbal and written communication skills. Be able to write relevant documentation accurately. Computer, management, supervisory, and organizational skills. Ability to establish rapport with clients and family members. Possess well -developed interpersonal skills and ability to deal effectively with the public, other employees, and elected officials. Ability to complete assignments within tight deadlines. Work Environment ,Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines, and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazards and infections from exposure to communicable diseases; physical harm as the result of confrontation.. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. VOL P9• -�( Brazos County Job Description Last Updated: August 2022 Template Revislnn 1.2 0116/2012 Class Number: B2819 Title: Juvenile Parole Officer - TJJD Community Based Pay Group: 18 Department: Juvenile Services FLSA Status: Non - Exempt Reports To: Probation Supervisor Approved Date: I EEOC Category: I Professional General Summary: To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations.® Take urine samples from clients. Interview and counsel children and their families. Duane Peters Date l Prepare case plans, case plan reviews and exit plans. County Judge Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. Vol. pg. :19 Su envision Received: Probation Supervisor Given: Not applicable Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. ' Preferred: Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Licenses, Required: Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: N/A Physical Demands Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Vol. Pg. 33 Knowledge, Skills, & Abilities Typical: An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. Work Environment Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to ,enable individuals with disabilities to perform the essential functions. Vol. Brazos County Job Description Last Updated: August 2022 Template Revision 1.2 08/1512012 Class Number: B1832 Title: Juvenile Probation Officer - TJJD State Aid Pay Group: 18 Department: Juvenile Services FILSA Status: Non - Exempt Reports To: Probation Supervisor Approved Date: EEOC Category: Professional General Summary: To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. R Take urine samples from clients. So 'Ra Interview and counsel children and their families. Duane Peters Date Prepare case plans, case plan reviews and exit plans. County Judge Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical Massi nment to the position. Other Duties as assigned. E / Pg.� Supervision Received: Probation Supervisor Given: Not applicable Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: red: Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Vol.Pg. 26 Knowledge, Skills, En An understanding of human behavioral pattems and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. i Vol. 3 �� Pg. � * y Brazos County Template Revision 1.20 ISM12 Job Description ,yTr ot:aa`�rM Last Updated: August 2022 ber: FFLSAStatus-: B1883 Title: ' Juvenile Probation Officer - Juvenile Administration 18 Department: Juvenile Services Non - Exempt Reports To: Probation Supervisor Approved Date: IEEOC I Categ—o1rjy-:-J Professional General Summary: To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. 0 Take urine samples from clients. Interview and counsel children and their families. Duane Peters Date Prepare case plans, case plan reviews and exit plans. County Judge Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. Received: I Probation Supervisor Given: I Not applicable Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: N/A Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: EXoerience with clients in fha rtriminmi iue+irro ovo+e. i, A--1 L i- n;11__.._r Licenses, Required: Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: N/A Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. K— _T nowledge, Skills, & Abilities Work Typical: An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee Is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities'to perform the essential functions. Vol. P9• _4_- Brazos County Template Revision 1.208118/2012 �y Job Description Last Updated: August 2022 Class Number: B2817 Title: Juvenile Probation Officer - TJJD Basic Court Pay Group: 18 Department: Juvenile Services FLSA Status: Non - Exempt Reports To: Probation Supervisor Approved Date: I EEOC Category: i Professional General Summary. - To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. t Transport juveniles to various locations. p Take urine samples from clients. ' Interview and counsel children and their families. Duane Peters date Prepare case plans, case plan reviews and exit plans. County Judge Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. Vol. P9' Supervision Received: Probation Supervisor Given: Not applicable Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: N/A Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Experience with clients in the criminal justice system is desirable. Bilingual Spanish speaker preferred. Certificates, Licenses, Registrations Required: Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: N/A Physical Demands Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. Work Environment Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Vol. pg. of. Brazos County TempWoRevision1.20&1&2012 Job Description �o�1Tz OF' BtLc�o Last Updated: August 2022 Class Number: B1884 Title: Juvenile Probation Officer - TJJD Grant F Pay Group: 18 Department: Juvenile Services F[.SA Status: Non - Exempt Reports To: Probation Supervisor Approved Date: EEOC Category: I Professional General Summary. To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. ,:"RID Take urine samples from clients. Interview and counsel children and their families. Prepare case plans, case plan reviews and exit plans. Duane Peters Date County Judge Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. Education Received: Probation Supervisor Given: Not applicable Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability ' required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: 1 N/A Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Required: Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: I N/A Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pickup, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and 'ability to adjust focus. Knowledge, Skills, & Abilities Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Vol. pg. Work Environment An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Vol. pg. Brazos County Template Revision 1.2 0811612012 Job Description Last Updated: August 2022 Class Number: B2818 Title: Juvenile Probation Officer - TJJD State Aid Pay,Group: 18 Department: Juvenile Services FLSA Status: Non - Exempt Reports To: Probation Supervisor Approved Date: EEOC Category: Professional General Summary: To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate In detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. fRO Take urine samples from clients. Interview and counsel children and their families. sobaa Duane Peters Date Du Prepare case plans, case plan reviews and exit plans. Du my Judge Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. EVol. _,3 Pg. —4-1 _?_7�, Supervision Received: Probation Supervisor Given: Not applicable Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: N/A Ex edence Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge,. skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Experience with clients in the criminal iustice system is desirable. Bilingual Spanish speaker preferred. Certificates, Required: Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: I N/A Ph sical Demands Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. I' y Knowledge, Skills, & Abilities Typical: An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm In stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. Work Environment Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. E •�%� pg. Brazos County TompiatoRevisim1.2WHOM Job Description Last Updated: August 2022 0 Class Number: B1817 Title: Juvenile Probation Officer I - Juvenile Administration Pay Group: 18 Department: Juvenile Services FLSA Status: Non - Exempt Reports To: Probation Supervisor Approved Date: EEOC Category: Professional General Summa : To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. Take urine samples from clients, Interview and counsel children and their families. �, d Duane Peters Date Prepare case plans, case plan reviews and exit plans. County Judge Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be.performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the osition. Other Duties as assigned. Education Received: Probation Supervisor Given: Not applicable Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: 1 N/A Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Experience with clients in the criminal justice system is desirable. Bilingual Spanish Licenses, Required: Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: I N/A Demands Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Knowledge, Skills, & Abilities Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Vol. � Pg- (JZ-- Typical; An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. Work Environment Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Vol. ��� Pg. �� Brazos County Job Description Last Updated: August 2022 Template Revision 1.2 08/1&2012 Class Number: B2813 Title: Juvenile Probation Officer I - Juvenile Services -Court Pay Group: 18 Department: Juvenile Services FLSA Status: Non - Exempt Reports To: Probation Supervisor Approved Date: EEOC Category: I Professional General Summary. To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. APPR Take urine samples from clients. . / 3o'aa Interview and counsel children and their families. Duane Peters Date Prepare case plans, case plan reviews and exit plans. County Judge Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. Received: Probation Supervisor Given: Not applicable Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements, listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Certificates, Licenses, Registrations Required: Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: N/A Physical Demands' Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Pg- Typical: An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally anq in writing. Must have physical ability to make arrests and perform restraint techniques. The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. vol. J? Pg. Pt op Brazos County Template Revision 12WIM012 Job Description YT or Last Updated: August 2022 Class Number: B1868 Title: Juvenile Probation Officer - TJJD Grant F Pay Group: 18 Department: Juvenile Services FLSA Status: Non - Exempt Reports To: Probation Supervisor Approved Date: EEOC Category: Professional General Summa : To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. APPAo Take urine samples from clients. _ 3el-�a Interview and counsel children and their families. Duane Pewrg Date Prepare case plans, case plan reviews and exit plans. County Judge✓ Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. Supervision Received: Probation Supervisor Given: Not applicable Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: N/A Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Experience with clients in the criminal iustice system is desirable. Bilingual Spanish speaker preferred. Certificates, Licenses, Registrations Required: Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: N/A Physical Demands Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. - Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Work Environment Typical: An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ------------- Vole Pg. A t r N Brazos County Template Revislon 1.2 0811&2012 Job Description Last Updated: August 2022 Class Number: B1887 Title: Juvenile Probation Officer Title IV - TJJD State Aid Pay Group: 18 Department: Juvenile Services FLSA Status: Non - Exempt Reports To: Probation Supervisor Approved Date: I EEOC Category: I Professional General Summary: To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County, Essential Duties: ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. the following. Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and, prepare conditions for which juvenile may be released when necessary. APPRO Transport juveniles to various locations. Take urine samples from clients. J? v Interview and counsel children and their families. Duane Peters bate Prepare case plans, case plan reviews and exit plans. bounty Judge Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques Maintain 80 hours biannually of approved training to maintain JPO and JSO certification On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position If the work is related or a logical assignment to the position. Other Duties as assigned. Supervision Received: Probation Supervisor Given: Not applicable Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: N/A Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Experience with clients in the criminal justice system is desirable. Bilingual Spanish s esker referred. Valid Texas driver's license with appropriate liability auto insurance coverage ( Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof ( on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Ph sical Demands Typical: Duties require daily standing, walking, sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Voi. -3 4:� pg. I,._�® Knowledge, Skills, & Abilities 1: An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to make arrests and perform restraint techniques. Work Environment Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from exposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Vol. ��� Pg.2l BRAZOS COUNTY, TEXAS - ACCEPTANCE OF DONATED/AWARDED PROPERTY * * DONATION OF COUNTY PROPERTY Date: 8/25/2022 Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation —NO VALUE ASSESSED) Item Description: $7,277.25 Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year: SNNIN #: Functional Non -Functional. Explain if Non -Functional Additional Description/Information: Employee safety equipment from Texas Association of Counties RMP Employee Safety Equipment Program. Funds can be usd by R&B and Facility Services employees Estimated Value: ot-Donated Check the appropriate account based on estimated value ofproperty being accepted: 61235000 (Donation - Other)* ❑✓ 60010000 (No Asset Tag - Under $500) Q 67010000 (Minor Property - $500 - $4999) ❑ 80010000 (Capital Property - Over $5000) Check the appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name *Donation — Other account 61235000 is to be used ONLYfor casiVeheck funds donated to Brazos County. I certify that the above -mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept of reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance and insurance costs. Requesting Department: Risk Management L Department Name Authorized Signature Organization Receiving Donated Property: Authorized Signature Approved by Co QS10n o on this �� t�day of A w(pu i �©Zc Commissioners Court Approval The TAC Risk Management Pool (TAC RMP) Board continues to support its members as they make counties a safer place to work with the 2022 TAC RMP Employee Safety Equipment Program. This provides funds to qualified members of the TAC RMP Workers' Compensation (WC) Program to select preapproved safety equipment available on the online store: Road and Bridge/Building Maintenance (R&B/BM) Store Equipment available includes a variety of personal protective equipment and more costly safety -related equipment. The stores will be open May 2 — September 2, 2022 and will be hosted by Bulichase, a member of Grainger's Distributor Alliance program which was developed to help support small and local historically underutilized business (HUB) initiatives. Bulichase provides the same contract pricing through Grainger's Buy Board contracts. Each member has a predetermined spending limit in each store.based on their county's employee count in each of the following WC Class Codes: 5506 Road Employees -Paving, Repaving 9014 Building Maintenance and Janitors The chart below details your county's contact for the Road and Bridge store, their login email and password, and the spending amount available. Log in to the store from www.Bullchase.com Please note, the sheriff has been sent the Law Enforcement Store information in a separate email. Spending Amount: $7277.25 Pool Coordinator: Ms. Jennifer Salazar We've attached a FAQ to answer common questions you may have about the program and a press release for your convenience. We will also present a webinar at 10 am on May 3 to walk you through the TAC RMP Safety Equipment Stores and answer your questions. Sign up for the webinar by registering here. Physical addresses are required for delivery via UPS. Please verify the addresses below are correct and where you will receive delivery of your selected items. If you will need your items delivered to a different receiving address, please reply to this email with the correct address. Physical Receiving Address 200 S Texas Ave Ste 206 Bryan, TX 77803-3999 We are excited about this program and hope you are too. We appreciate and thank you for your continued participation in the TAC Risk Management Pool and your commitment to safety. if you have any questions, please contact Risk Control Services at tacres@county.org or (800) 456-5974. Sincerely, MICHAEL SHANNON, ARM, SCLA Director of Risk Management Services Risk Management Services Texas Association of Counties 1210 San Antonio I Austin, Texas 78701 Vol. Pg. p,ssoc 1 z Ar 14 PRESS to- w5 1210 San Antonio • Austin, TX 78701 • P.O. Box 2131 • Austin, TX 78768-2131 00 U 14 Z t 512-478-8753 . 800-456-5974 . 512-478-0519 FAX CONTACT Cary Roberts, Media Relations Officer (800) 456-5974, caryr@county.org Brazos County Protects Employees, Saves Tax Dollars Safety & law enforcement equipment helps county cost-effectively reduce risk FOR IMMEDIATE RELEASE —Brazos County is saving local taxpayer dollars and protecting county employees on the job with the help of personal protective safety equipment and law enforcement equipment provided at no cost by the Texas Association of Counties Risk Management Pool (TAC RMP). County road construction crews and law enforcement officers are routinely exposed to risks while on the job. The county received funds from TAC RMP to purchase safety equipment to help protect these employees as part of the 2022 TAC RMP Employee Safety Equipment Program. The program is just one of many risk control services and programs that the county has access to at no cost through its membership in TAC RMP. Equipment available to the county ranges from personal protective equipment such as heat gear, hard hats and gloves, and hearing, eye and respiratory protection; courthouse security devices; fire protection; and tactical safety gear for law enforcement, The county's membership in TAC RMP provides it with competitively priced risk management coverage and risk control services that are county government specific. With more than 380 members statewide, TAC RMP helps Texas counties and other county governmental entities manage taxpayer dollars efficiently and promote worker safety. ORDER LIFTING RESTRICTIONS ON OUTDOOR BURNING WHEREAS, the Brazos County Commissioners Court ordered, at its June 28, 2022 meeting, that restrictions on outdoor burning in the unincorporated areas of Brazos County, Texas, which are designated to become effective on June 28, 2022; and, WHEREAS, at the June 28, 2022 meeting, the Brazos County Commissioners Court determined that circumstances present in all or part of the unincorporated areas of Brazos County created a public safety hazard that would be exacerbated by outdoor burning; and, WHEREAS, at the June 28, 2022, meeting, the Brazos County Commissioners Court designated that the Brazos County Judge have the authority to terminate this Order in accordance with Local Government Code Section 352.081(c) (2); and, WHEREAS, the Brazos County Judge has considered the recent rains and determined that the circumstances present on June 28, 2022, in the unincorporated areas of Brazos County that created a public safety hazard that would be exacerbated by outdoor burning, no longer exist. NOW, THEREFORE, IT IS HEREBY ORDERED by the Brazos County Judge that the previous order of June 28, 2022, which banned outdoor burning, is lifted and the restrictions set forth are removed until such time as the Brazos County Commissioners Court may take further action regarding the same. ORDERED this the S© day of f"t't iCO l�-S' t 2022. Duane Peters, County Judge ATTEST: Karen McQueen, County Clerk Vol. c Pg. TAMU—Brazos County Commissary Fund Clinical Services Agreement October 1, 2022 - September 30, 2023 CLINICAL PSYCHOLOGY SERVICES AGREEMENT This constitutes a Clinical Psychology Services Agreement ("Agreement") between Texas A&M University, a member of The Texas A&M University System, an agency of the State of Texas ("TAMU"), and Brazos County Commissary Fund (`BCCF"). WHEREAS, the services contemplated under this Agreement are of mutual interest and benefit to TAMU and to BCCF and will further the instructional and technical objectives of TAMU in a manner consistent with its status as an agency of the State of Texas, NOW, THEREFORE, the parries hereto agree as follows: 1. STATEMENT OF WORK. TAMU agrees to use its reasonable efforts to perform the services ("Services") described in the Statement of Work appended hereto and incorporated as Appendix A. 2. SERVICE PROVIDERS. Direct services will be conducted by clinical psychology doctoral students. Supervision services wiII be provided by a TAMU clinical psychology faculty member, Laura J. Osborne, Ph.D., or an alternative designated clinical psychology faculty member of the Department of Psychological and Brain Sciences ("PBSI"). 3. PERIOD OF PERFORMANCE. TAMU will conduct the services in Appendix A during a 3-year period of October 1, 2022 through September 30, 2025. This Agreement may be renewed or modified only by written agreement executed by both parties. 4. PRICE AND PAYMENT. As compensation for services performed under this Agreement, BCCF agrees to pay TAMU a firm fixed -price of: (1) $74,863.00 (paid in 12 monthly installments $6,238.58 starting October 1, 2022 and ending September 30, 2023 and (2) $84,210.00 (paid in 12 monthly installments of $7,017.50 starting October 1, 2023 and ending September 30, 2025. Payments will be sent to the address in Article 15. Costs of these services include other direct costs, which will be used by TAMU for supplies, photo - reproduction, books, journals, training recordings, software, equipment, professional dues, travel expenses, educational development, salaries, fringe and tuition and fee costs, and other directly related costs. This agreement constitutes a fixed -cost contract, with the exception of possible additional fees -for -service for purchases of proprietary psychological testing materials to be used for BCCF or court -ordered testimony by the faculty supervisor (at the rate of $250 per hour). These fees -for -service will be authorized in advance by a designated BCCF administrator and billed to BCCF in an itemized invoice based on actual usage. Pre - approved fees -for -service will not exceed $1,500.00 per fiscal year of this Agreement. CONFIDENTIAL INFORMATION. All information disclosed by BCCF to TAMU for services provided under this Agreement will be treated as Confidential Information of BCCF, and TAMU will only use such information for the benefit of BCCF in the rendering of services for BCCF and will not otherwise use or disclose such information to others without express, written permission of an officer of BCCF authorized to grant such permission. Upon termination of this Agreement, TAMU will immediately return to BCCF all writings, recordings and records of every type (including all copies thereof) embodying in any form any Confidential Information of BCCF. The foregoing limitations of confidentiality will not apply to (i) information which, at the time of disclosure to TAMU, was already in the public domain, (ii) information, which at the time of disclosure to TAMU, was already known to TAMU (except information previously acquired by TAMU directly or indirectly from BCCF or from a third party under a continuing obligation of confidence to BCCF, (iii) information, which after disclosure to TAMU, becomes part of the public domain through no fault of TAMU, (iv) information received by TAMU from a third party not owing a duty of confidence to BCCF, or (v) information required to be disclosed by law or court order, including the Texas Government Code, Chapter 552, the Texas Public Information Act. PUBLICITY. BCCF will not use the name of TAMU, or the names of TAMU employees, in any publicity, advertising, or promotional literature without prior written consent obtained from TAMU in each case. TAMU will have the right to acknowledge BCCF, the Scientist, the nature of the Services, and the dollar value of the Agreement in TAMU records and reports in addition to any other information that is required to be disclosed in response to a public information request submitted pursuant to the Texas Public Information Act, Chapter 552, Texas Government Code. 7. COMPLIANCE WITH THE PRISON RAPE ELIMINATION'ACT. The BCCF, as an operation of the Brazos County Sheriff's Detention 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 TAMU doctoral students or other contractors who may have contact with inmates. Background checks will be conducted at least every five (5) years for all contractors. BCCF will ensure that all volunteers and contractors who have contact with inmates have been trained on their responsibilities under the Detention Center's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. Any contactor or volunteer who engages in sexual abuse is prohibited from contact with inmates and will be reported to law enforcement agencies and to relevant licensing bodies, unless the activity was clearly not criminal. The Detention Center will take appropriate remedial measures and prohibit further contact with inmates on the cases 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 or sexual harassment policies. Material omissions regarding misconduct, or the provision of materially false information, are grounds for termination of this Agreement. 8. TERMINATION. This Agreement may be terminated by either party upon thirty (30) days written notice given to the other by certified mail or personal delivery. In the event of termination, TAMU will be paid the compensation earned prior to the date of termination as provided for in this Agreement computed pro rata up to and including the date of termination, 9. DISCLAIMER OF LIABILITY. TAMU MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THE REPORTS, OR EVALUATIONS FURNISHED UNDER THIS AGREEMENT. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT USE OF SUCH MATERIALS OR MODIFICATION OF SUCH MATERIALS WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHT. TAMU assumes no liability for the actions taken by students providing clinical psychological services under this Agreement. The students are covered by professional liability insurance for psychological or behavioral health services paid out of the operating budget for the TAMU Psychology Clinic. TAMU agrees to provide evidence of insurance coverage to BCCF, if requested. 10. FORCE MAJEURE. Except for the obligation for the payment of money, if either party fails to fulfill its obligations hereunder when such failure,is due to an act of God, or other circumstance beyond its reasonable control, then said failure will be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance under this Agreement. d a.,'G A. Vl J 11. DISPUTE RESOLUTION. BCCF must use the dispute resolution process provided in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute arising under this Agreement and such process is a required prerequisite to suit in accordance with Chapter 107, Texas Civil Practice and Remedies Code. BCCF must submit written notice of a claim of breach of contract under -this chapter in accordance with Article 15. TAMU is an agency of the State of Texas and nothing in this Agreement waives or relinquishes the right of TAMU to claim any exemptions, privileges and immunities as may be provided by law. 12. ENTIRE REPRESENTATION. This Agreement contains the entire agreement between the parties and supersedes any prior oral or written agreements, commitments, understandings, or communications with respect to the subject matter of the Agreement. No amendments or modification of this Agreement will be effective unless set forth in writing executed by duly authorized representatives of each party. This Agreement will be construed in accordance with the laws of the State of Texas. 13. WAIVER. No waiver of any provision hereof or of any right or remedy hereunder will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder will constitute a waiver of any right or remedy, or future exercise thereof. 14. ASSIGNMENT. This Agreement may not be assigned in whole or in part by any of the Parties without prior written consent of the other Party. This Agreement will inure to the benefit of, and be binding upon, BCCF's successors and assigns. It is the intention of the parties that no third persons, including students, are entitled to received or assert any rights under this Agreement. 15. SEVERABILITX. If any part of this Agreement is determined by any court or tribunal of competent jurisdiction to be wholly or partially unenforceable for any reason, such unenforceability will not affect the balance of this Agreement. 16. BILLING. TAMU PBSI Department agrees to bill BCCF monthly for services provided. BCCF agrees to mail a check payable to Texas A&M University 10 days following receipt of the bill for services. TAMU (for billing correspondence) Fritzie Freeman, Business Associate III Department of Psychological & Brain Sciences Texas A&M University 4235 TAMU College Station, TX 77843-4235 979-845-1872 979-845-4727 — Fax ffreeman(n,tamu.edu TAMU (for services management); Robert W. Heffer, Ph.D. Department of Psychological & Brain Sciences Texas A&M University 4258 TAMU College Station, TX 77843-4258 979-862-2228 979-845-5191 —Fax rob-heffer a,tamu.edu 17. NOTICE. Any notice required to be given in connection with this Agreement will be in writing and will be deemed effective if hand delivered, or if sent by United States certified mail, return receipt requested, postage prepaid, or if sent by private receipted courier guaranteeing same -day or next -day delivery, addressed to the respective party at its address provided below. If sent by U.S. certified mail in accordance with this Section, such notices will be deemed given and received on the earlier of (a) actual receipt at the address of the named addressee, or (b) on the third (31d) business day after deposit with the United States Page 3 of 5 Postal Service. Notice given by any other means will be deemed given and received only upon actual receipt at the address of the named addressee. BCCF: Kevin Stuart, CJM Chief Deputy, Corrections Brazos County Office of the Sheriff 1835 Sandy Point Road Bryan, TX 77807 979-361- 4997 979-8614811 Fax kstuartAbrazoscountytx. ov TAMU: Robert W. Heffer, Ph.D. Department of Psychological & Brain Sciences Texas A&M University 4258 TAMU College Station, TX 77843-4258 979-862-2228 979-845-5191 Fax rob -lie fferna tamu.edu The parties have signed this Agreement in duplicate originals, and the Agreement is effective as of the date last written below. Texas A&M University Linda M. Beasley lbeasley@tamu.edu Title: Executive Director, Contract Administration Date: Brazos County Commissary Fund c Wayne Dicky wdicky@brazoscountytx.gov Title: Sheriff Date: By: - - Duane Peters dpeters ,brazoscountvtx.gov Title: County Judge Date: E31 3/o Q a a ON 2022, FULLY EXECUTED IN DUPLICATE, EACH OF WHICH WILL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Date: Wayne Dicky, Sheriff wdicky@brazoscoun=.gov rage,+or-, APPENDIX A STATEMENT OF WORK Four graduate students in TAMU's clinical psychology doctoral program will provide clinical psychology services to BCCF each year of this 3-year Agreement. Selection of the graduate students for this clinical assistantship will be determined by the TAMU Director of Clinical Psychology Training ("DCT") in consultation with clinical psychology program faculty and with appropriate BCCF administrative personnel. Typically, each of these 4 graduate students will work for 10 hours per week for 50 weeks (500 hours each) during a given 12-month period. Scheduling of these contractual hours will be negotiated on an individual basis between each graduate student and the on -site supervisor at BCCF. TAMU faculty will provide 1 hour of regularly scheduled weekly doctoral -level supervision for the graduate students. Additional supervision for urgent or non -urgent supervision will be provided as needed. Activities will include the following: direct clinical services, staff meetings and consultations, doctoral -level supervision at TAMU, and all administrative responsibilities including preparation of written reports and maintenance of clinical records. BCCF agrees to: (1) provide case -by -case consultation to the graduate students on an as needed basis by BCCF staff; (2) provide a written evaluation of the students to the TAMU DCT at the end of the term of the Agreement; and (3) identify, in consultation with each graduate student, a total of 10 working days, other than BCCF holidays, during a given 12-month period, in which no clinical services will be provided by the student. Page 5 of 5 F BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 8/30/2022 ITEM: Approval of the Brazos County Clerk's Records Management and Archival Plan to collect a $10.00 fee for non -court filings. TO: Commissioners Court DATE: 08/23/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: Flle Name Description Ina Brazos2EC MGMT PLAN FY2023.doc County Clerk Records Management & Archival plan Cover Memo 0 g( gol aa, Duane Peters Date County Judge r- Vol. .3 Brazos County Clerk Records Management and Archive Plan I. Background (Statutory History) The 77th Texas Legislature passed HB 370 in 2001 to allow border counties to assess a $5.00 Records Management and Preservation Fee for the preservation of older records filed with the County Clerk. The 78' Legislature passed SB 1731 amending the original legislation allowing all counties to collect this fee with Commissioner's Court approval. The County Clerk is proposing to collect this fee at this time. This legislation amends Local Government Code, Section 118.011 (b & f), to enable the Commissioner's Court to adopt a Records Management and Records Archive Fee for the preservation and automation of previously filed and recorded real property and vital statistics records as part of their regularly adopted annual budget. The 83rd Legislature passed HB 1513 amending Government Code, 118.011 (b & f) allowing the Commissioner Court to set and collect a Records Management and Records Archival Fee not to exceed $10.00 on non -court related filings. The 8W''LegislattWe Passed SB4 which repealed Government Code 51.31:7 which llowed the Conui issioners' 661tto set th 4es collected for filing of couu cases. II. Bill Summary Begins on approval of the. County of Brazos 2022 Annual Budget. The fee must be set and itemized in the county's budget as part of the budget preparation process. • Termination: The 79th Legislature extended this bill indefinitely. The $10.00 fee is assessed on any instrument, document, paper, or other record that the County Clerk is authorized to accept for filing or recording (deed or official public records, assumed names, and marriage licenses). However, the 83" d legislature approved a sunset effective September'l, 2019 to reduce the amount collected back to an amount not to exceed $5.00. HB 686 passed the 86th Legislative Session removing the sunset date. • The $5.00 fee is assessed on any original civil case filings. (Effective January 1, 2022 changed to $15.00 per SB41). • The fee may be used only to provide fiords for specific records management and preservation and archival projects, including for automation purposes — in accordance with this written plan. • Changes to the plan must be approved by Commissioner's Court. The plan may be modified as required. Vol.,,3 %�)-- pg. 2Z��] III. Purpose Some of Brazos County official records have been computerized and automated in electronic format since the late 1950s. The County Clerk's office is progressive in the preservation of current records, utilizing the original Records Management and Archival Fees from 1991 forward. However, this funding has not been sufficient cient to electronically preserve and restore the older documents that have a priceless historical value. In order to preserve and enhance the integrity of the existing system for recording and preserving public documents; the County Clerk seeks to preserve existing original records by restoring or re-creating old volumes, digitizing older microfilm and paper 'records, re - indexing old handwritten and typed indexed books and converting all older media into an electronic format and importing this newly created data into the existing computer system. IV. The overall goal and vision of the County Clerk's office is to: • Modernize and upgrade old record systems in the office. • Continue to add records and information to your existing computer system. • Eliminate or reduce manual lookups and searches. • Expedite record searching by having more records available for electronic retrieval. • Create a complete electronic records back-up for disaster recovery. • Provide more public information to the citizens of the County via the Intra/Intemet. • Continue to eliminate the need for paper records. • Preserving original records by reducing daily usage. • Reclaiming much needed space in the public records area. • Construction of new records storage facility. V. Annual Revenue Estimate Official Real Property Records 31,000/annually Marriage Records 1,500/annually Civil/Criminal Filings 500/annually Total 36,000 Filings Annually X $ 20.00 = $ 720,000.00 Total 500 Civil Filings X $15.00 = $ 7,500.00 Total $ 727,500.00 VI. Restoration, Preservation and Automation Projects Real Property Records: Projects include computerized re -indexing and converting all real property records to electronic images and importing new records to the existing real property computer system. Vol.--? Pg. Phase 1• Electronic conversion of 1999 to 1967 existing microfilm to images, matching to the existing grantor/grantee index and importing to the computer and internet: Approx 674,000 Instruments filed 1967 to 1999 Complete Estimated $ 370,700 Phase 2• Back conversion of 1955 to Volume A of Deed Records existing microfilm to electronic images and loading to computer by Book, Volume and Page. Approximately 1,167,000 images from 1966 to Volume 172. Estimated $ 167,000 K� Mpleted; ''1 1956';= 12'31-1966�; Approximately 204 volumes of Deed Records from Volume A To Volume 171 (sovereignty — 12-31-1955) ompleted: ioyereignty .current); Estimated $ 365,838.00 Re -indexing real property records from 1955 back to Volume A using the scanned images of the original record books: Data entry/conversion of approx 355,000 instruments. Estimated $ Included above Phase 2a: Back conversion of 1955 to Volume A of the Deed of Trust records existing microfilm to electronic images and loading to computer by Book, Volume and Page. Approximately 49,000 images from Volume A To Volume 65 (sovereignty-12-31-1955) Estimated $ 170,530.00 Completed::sovereigntycurrent)" Phase 2b, c & d: Back conversion of 1955 to Volume A of the Release records, Oil & Gas records, Federal Tax records, State Tax records and Abstract of Judgment records existing microfilm to electronic images and loading to computer by Book, Volume and Page. Approximately 134 Volumes of miscellaneous records. CompleEedrsovereigrity -12-31-196.5), Estimated: $ 186,843.30 Phase 3: Design and remodel an existing county building for a records storage facility. Approximately 3900 square foot building Estimated $ 460,000 rGom letecl}2O:L9). EV01.pg. 7�- Phase 4• Maps and Plats Conversion/scanning and reindexing of all maps/plats and importing to existing computer system. Approximately 4,000 maps and plats (Completed_201 Phase 5• Commissioner's Court Records Estimated $ 60,000 Electronic conversion and reindexing of all existing Commissioner's Court minutes and importing this data to existing computer system in a searchable format. Approximately 190,000 pages and 120,000 index entries Estimated $ 0/00 Corie fte - Uploaded to a_Le che)' Phase 6• Vital -Statistics Birth Records Scanning/Electronic Conversion of Brazos County birth records from sovereignty to present. Approximately 73843'birth records + conversion to microfilm. (Completed sovereignry1985) Estimated $ 241,150.14 Phase 7• Vital Statistics Marriage Records Scanning/Electronic Conversion of Marriage Records from sovereignty to present. Estimated $ 322,809.00 Phase 8• Probate Case Records Scanning/Electronic Conversion of Probate Case files from sovereignty to 1986. Estimated: $ 1,082,395.94 Vol.. 3% Pg. Phase 9 Military Discharge Records. Scanning/Electronic Conversion of Military Discharge Records (DD214) from 1918- 1983. Estimate: None received Restoration Proiect: Restoration, Preservation and Imaging of Historical Books County Clerk Military Records, Commissioner Court Index Book, 1876 Application to Citizenship — (1800 —1915 records) Estimated $ 29,232.47 District Clerk Civil Minute Books, Docket Books, Embalming Record - (1853 —1914 records) Estimated $ 129,242.00 VIII. Length of Projects It is estimated that these projects will take numerous years to complete and implement. Some projects may be considered as on -going and paid monthly as revenue is collected. Summary. The Legislature has provided a means to raise revenue for the records management and preservation of older county property and vital records. This "user" fee is an alternative to raising taxes or spending general fund monies to accomplish these important projects. This plan will be implemented in "phases" as money is accrued and deposited into a special revenue account. The completion of the initial phases will preserve the original records, provide more space in the public records area, and continue to modernize the Clerk's office through available technology. Coin tp a ri� r_ob es E. 7.21 Pg. DocuSign Envelope IDc 6F5A7CA8•E8CE-47EC-8FDC-11383F7132A60 1� IMAGINE LEARNING LLC ' TERMS AND CONDITIONS OF COMPANY SERVICES This "Agreement" (i.e., these Terms- and Conditions and the Price Quote for Services into which these Terms and Conditions are Incorporated) is made and entered into as of the date of last signature below ("Effective Date") between imagine Learning LLC, its affiliates and subsidiaries ("Company") and Customer. In consideration of the mutual promises contained herein, the parties hereby agree to the following: 1.1 "Access Protocols" means the passwords, access codes, technical specifications, connectivity standards or protocols, or other relevant procedures, as may be necessary to allow Customer to access the Services. 1.2 "Authorized User" means any third party who is authorized by Customer to access the Services pursuant to Customer's rights under this Agreement, including any instructors, administrators, other employees contractors, students authorized by Customer, parents, family members, or other adults associated with a student or parents authorized by Customer. 1.3 "Confidential Information" means all non-public, proprietary or confidential information relating to a "Disclosing Party" that is disclosed or otherwise supplied in confidence to the "Receiving Party" under this Agreement. Company's Confidential Information includes (without limitation) the Services, its user interface design and layout, and pricing Information. Confidential Information does not Include any aggregated data or De -Identified Data covered by Section 9.4. or any other information that the Receiving Party can establish: (a) was known to the Receiving Party prior to receiving the same from the Disclosing Party, free of any restrictions; (b) is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information; (c) is acquired by the Receiving Party from another source without restriction as to use or disclosure; or (d) is or becomes part of the public domain through no fault or action of the Receiving Party. 1A "Confidential Student Information" means information that personally identifies a student who Is enrolled or was previously enrolled at the Customers institution. This term includes the student's name, the name of the student's parents or family members, the student's (or student's family's) address, telephone number, email address, date of birth, place of birth, mother's maiden name, grades, financial information, social security number (or other governmental identification number), biometric information, and other information that alone or in combination would reasonably allow a person or entity to identify the student with reasonable certainty. Confidential Student Information does not Include any information regarding persons who do not enroll at the Customers institution. 1.5 "Customer" means the school or district who is identified in the signature block below or the applicable Price Quote for Services. 1.6 "Customer Content" means any content and information submitted via or in connection with the Services by or on behalf of Customer, an Authorized User, or any other end user of the Services. Customer Content includes student information and records which remain the property of the Customer. 13 "De -identified Data" means any data, Including data derived from Confidential Information (and Confidential Student Information) that has had all direct and indirect personal identifiers removed. This Includes the removal of any names, identification numbers, dates of birth, address, email address, and telephone number. De -Identified Data does not include any data that alone or in combination would reasonably allow a person or entity to identify a student with reasonable certainty. 1.8 "Documentation" means the technical materials provided by Company to Customer In hard copy or electronic form describing the use and operation of the Services. • imagine imaginelearning com 1877.ns.42S7 learning Vol. DocuSign Envelope ID: 6F5A7CAB-E8CE-47EC-8FDC-11383F7D2A60 Terms and Conditions of Company Services 1.9 "Instructional Services" means. services provided by Company, including student access to teachers and coaches, the development and implementation of policies and procedures for purposes of improving student outcomes, and other services as stated in the applicable Price Quote for Services. Instructional Services are also subject to the additional terms contained in the attached Addendum. 1.10 "Price Quote for Services" means the order form signed by Customer which references these Terms and Conditions and details the services to be provided to the Customer under this Agreement. 1.11 "Professional Development" means all -Implementation planning, program design, administrative and instructional training, consulting and coaching for education professionals provided by Company as described In the applicable Price Quote for Services. Professional. Development services are subject to the additional terms contained in the attached Addendum. 1.12 "Services" means the services ordered by Customer through the Price Quote for Services and includes the products -and services which may include Company courseware, audio, video and other content curriculum, and/or Documentation and software including applets and animations. Services may include Professional Development and/or Instructional Services. Customers' access to any Professional Development or Instructional Services will expire at the end of the Term set forth in the applicable Quote or if the Service is terminated for any -reason. 1.13 "Supported Environment" means the minimum hardware. software, and connectivity configuration specified from time to time by Company as required for use of the Services. The current requirements (if any) are described in the technical requirements which may be found on Company's website. 2. PROVISION OF SERVICES 2.1 Access. Subject to Customer's payment of the fees outlined in the Price Quote for Services and compliance with the terms of this Agreement, Company will provide Customer with access to the Services. Promptly following the Effective Date, Company shall provide to Customer the necessary security protocols and policies, network links or connections and Access Protocols to allow Customer and its Authorized Users to access the Services in accordance with the Price Quote for Services (or this Agreement). 2.2 Support Services. Company will provide Customer with the support services described at http_!/help.imaaineleamino.com/hc/en-us. 2.3 Hosting. Company shall, at its own expense, provide for the hosting of the Services, provided that nothing herein shall be construed to require Company to provide for, or bear any responsibility with respect to any telecommunications or computer network hardware required by Customer, any Authorized User or any other user to provide access from the Internet to the Services. 3. INTELLECTUAL PROPERTY 3.1 Llcense Grant. Subject to the terms and conditions of this Agreement, Company grants to Customer a non-exclusive, non-sublicensable, non -transferable .license -during the Term, solely for Customer's internal educational and training purposes and in accordance with this Agreement. This Agreement permits only Customer and Customer's Authorized Users to access and use the Services detailed on the Price Quote for Services in accordance with'the Documentation. Licenses are available to access Services throughout the Term by Authorized Users not to exceed specific quantities stated on Price Quote for Services. License and Service types are listed below. Only those License and Service types listed on the Price Quote for Services are applicable to this Agreement. a) Concurrent Llcense - provides access to Services throughdut the Term by all Authorized Users based on the- number of - simultaneous licenses purchased. Total number of users. accessing product simultaneously cannot exceed total quantity of licenses purchased. • imagine /'teaming Vol• Pg. imaginelearningcom 1877-7CUCKS DocuSign Envelope ID: 6F5A7CAB-E8CE-47EC-8FDC-11383F7D2A60 ;! Terms and Conditions of Company Services b) Reusable License - provides access to Services throughout the Term by all Authorized Users based on the number of semester course enrollments purchased. Once a course enrollment is disabled or completed, the enrollment license can be reused for that student or another student throughout the contract period. c) Single User -available to a single user identified by name and designated as the sole student user of the specific license throughout the Term. Licenses cannot be transferred to another user. d) . Site License - provides access to Services throughout the Term by all Authorized Users located at the specific physical site Identified on the Price Quote. Must be a traditional brick and mortar educational institution that provides educational services to students at a common physical location. Not available for virtual schools. e) Virtual School - Customer that is (a) a private school where students do not regularly meet physically for learning but where there is a teacher of record available to students enrolled at the Institution @nd much of the teaming takes place over the Internet with regular assistance or guidance from the teacher of record or (bia private tutoring provider that makes available personal attention to each student enrolled in a program by faculty or tutoring provider and such services are the primary purpose of enrollment by students; or (a) a public program implemented by a school district where students do not regularly most physically for teaming but where there is a teacher of record available to students enrolled at the institution and much of the seaming takes place over the Internet with regular assistance or guidance from the teacher of record; and (d) with respect to (a). (b), and (c), a Virtual School is not a school that sells licenses or access to educational software on a standalone basis or sells licenses or access to educational software to students not actively enrolled In and participating in teaming services provided by the private school or tutoring provider. 3.2 Restrictions. Customer agrees that it will not, nor will Customer cause or permit any Authorized User or other party to: (a) allow any third party to access the Services or Documentation, except as expressly allowed herein; (b) modify, adapt after or translate the Services or Documentation; (c) sublicense, lease, rent, sell, resell, loan, distribute, transfer or otherwise allow the use of the Services or Documentation for the benefit of any third party; .(d) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of, the Services, except as permitted, by low;.(e) create .derivative works based an the Services or Documentation; (f) use the Services to store or transmit infringing, unsolicited marketing emafis, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third -party rights; (g) interfere with or disrupt the integrity or performance of the Services; or (g) access the Services to build a competitive service or product, or copy any feature, function or graphic for competitive purposes. 3.3 Ownership. Except for the licenses granted by Company under this Agreement, as between Company and Customer. Company owns all right, title and interest (including, but not limited to, all copyright, patent, trademark and trade secret rights) in and to the Services and Documentation. 3.4 Open Source Software. Certain items of software used in the Services are subject to "open source or afree software" licenses ("Open Source Software"). Some of the Open Source Software Is owned by third parties. The Open Source Software is not subject to the terms and conditions of Sections 3.1, 3.2. or 10. Instead, each item of Open Source Software is licensed under the terms of the end -user license that accompanies such Open Source Software. Nothing in this Agreement limits Customer's rights under, or grants Customer rights that supersede, the terms and conditions of any applicable end user license for the Open Source Software. If and to the extent required by any license for particular Open Source Software, Company makes such Open Source Software and Company modifications to that Open Source Software, avaliable.by written request at the notice. address specified on the Price Quote for Services. 4. FEES. Company shall invoice Customer for fees on the schedule set forth on the Price Quote for Services ("Fees') and the amounts set forth In such invoices shall be due from Customer net thirty (30) • imagine �' leaming Vol, Pg. imaginelearning.com 1877.7CUCKS DocuSign Envelope ID: 6F5A7CAB-E8CE-47EC-8FDC-113831`7132AW Terms and Conditions of Company Services days of receipt. Non-payment or late payment of undisputed fees is a material breach of this Agreement. Company may terminate the Agreement and/or terminate or suspend Customer`s access to Services within ten (10) days after Customer receipt of a notice of non-payment of amounts owed under that Price Quote for Services. Company may change the amount of the Fees for any upcoming Renewal Term, provided that Company provides Customer with written notice of such change at least sixty (60) days prior to the first day of such Renewal Term. All taxes and other governmental charges (except for income taxes), if any, imposed on Customer payments hereunder shall be deemed to be in addition to the Fees charged, and borne solely by Customer except to the extent that Customer provides Company with a valid tax exemption certificate authorized by the appropriate taxing authority. 5. FUNDING -OUT CLAUSE. If Customer is a governmental entity receiving federal, state or local funds, Customer's payment obligation may be conditioned upon the availability of funds that are appropriated or allocated by the applicable government agency. If funds are not allocated, Customer may terminate this Agreement at the end of the period for which funds are available. Customer must notify Company in writing at least thirty (30)•calendar days before termination. Upon termination, Company will be entitled to a pro-rata portion of the fees for Service performed up to the date of termination. S. CUSTOMER CONTENT AND RESPONSIBILITIES 6.1 License; Ownership. Customer hereby grants Company a non-exclusive, worldwide, royalty --free, fully paid and transferable license (a) to use the Customer Content as necessary solely or the purposes of providing the Services under this Agreement; and (b) to use Customer's trademarks, service marks, and logos as required to provide the Services* (but not for use with an audience beyond that of Authorized Users). As between the parties, Customer owns all right, title and interest in the Customer Content. 6.2 Customer Warranty. Customer represents and warrants that (a) prior to using the Services in connection with any Authorized User, Customer shall have obtained any necessary consent to contact such Authorized User via the Services in such form as required to comply with applicable law; (b) that its use of the Services will otherwise comply with all applicable laws; and (c) the Customer Content shall not (I) infringe any copyright, trademark, or patent right; (ii) misappropriate any trade secret; (III) be deceptive, libelous, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes Intended to damage Company's system or data; or (v) otherwise violate any privacy or other right of any third party. 6.3 Authorized User Access. Customer may permit any Authorized Users to access and use the features and functions of the Services as contemplated by this Agreement. Each Authorized user must be granted a unique User ID. User IDs cannot be shared or used by more than one Authorized User at a time. Customer Is solely responsible for maintaining the confidentiality of Access Protocols and Company will not be liable for any activities undertaken by anyone using Customer's Access Protocols. Customer will immediately notify Company of any unauthorized use of its Access Protocols or any other breach of security relating to the Services known to Customer. 6A Customer Responsibility for Access, Content and Security. Except to the extent expressly specified on the Price Quote for Services. Company is not obligated to back up any Customer Content; the Customer is solely responsible for creating backup copies of any Customer Content at Customer's sole cost and expense. Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content. Customer must maintain the Supported Environment (if any) described in the Price Quote for Services. 1' imagine leaming i!®!. � pg. imaginelearning com 1877-7CLICKS DocuSign Envelope ID: 6F5A7CAB-E8CE-47EC-8FDG11383F7D2A60 Terms and Conditions of Company Services 7. WARRANTIES AND DISCLAIMERS 7A - Limited Warranty. Company warrants that it will make commercially reasonable efforts to maintain the online availability of the Services. CUSTOMER'S EXCLUSIVE REMEDY AND COMPANY'S ENTIRE LIABILITY UNDER THIS WARRANTY WILL BE FOR COMPANY TO REPAIR THE NON -CONFORMING SERVICE, OR IF COMPANY CANNOT MAKE SUCH REPAIR WITHIN A REASONABLE PERIOD OF TIME, THEN COMPANY MAY TERMINATE ACCESS TO THE SERVICES AND REFUND A PORTION OF THE FEE. 7.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1, THE DOCUMENTATION, AND SERVICES ARE PROVIDED "AS IS; AND COMPANY MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOTWARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SERVICES SHALL BE UNINTERRUPTED OR ERROR -FREE. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER. 8. LIMITATION OF LIABILITY. EXCLUDING EACH PARTY'S INDEMNIFICATION OBLIGATIONS SET FORTH HEREIN 1N RESPECT OF THIRD -PARTY CLAIMS, (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ITS PERFORMANCE HEREUNDER AND (B) IN NO EVENT SHALL EITHER PARTY'S LIABILITY TO THE OTHEKAS A RESULT OF ANY CLAIM ARISING UNDER THIS AGREEMENT, REGARDLESS OF.WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT FOR THE APPLICABLE SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE OCCURRENCE OF THE ACT OR OMISSION GIVING RISE TO -SUCH CLAIM. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR. THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER. 9. CONFIDENTIALITY; PRIVACY, 9.1 Confidentiality. During the Term, each party ("Disclosing Party") may provide the other party •(°Receiving Partv<7 with Confidential Information. The Recenring-Parly agrees that it will not use or disclose to any third party any Confidential Information of the Disclosing Party, except as expressly permitted under this Agreement. The Receiving Party will limit access to the Disclosing Party's Confidential Information to Authorized Users (with respect to Customer as Receiving Party) or to those employees who have a need -to know such Confidential lnformation to perform the Receiving Party's obligations or exercise the Receiving ParVs rights under this Agreement, and who have been informed of the confidential nature of such information. in addition, the Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary Information of a similar nature, but in no event with less than reasonable care. At the Disclosing Party's request or upon the expiration or terniination of this Agreement, the Receiving Party will return to the Disclosing Party or destroy (or permanently erase In the case of electronic files) all copies of the Confidential Information that the Receiving Party does not have a continuing right to use under this Agreement, and the Receiving Party shall provide to the Disclosing Party a written affidavit certify'hng compliance with this sentence. 9.2 Privacy. Company will comply with, and will cause each of its employees, agents. and contractors to comply with, all state, federal and municipal laws and regulations ("Appticabte Laws°) applicable to its performance under this•Agreement.,including without limitation the Family Educational Rights and Privacy Act and the Children's Online Privacy Protection Act. Company's Privacy Policy (as may be updated by _ Company from time to time), which is incorporated by reference into these terms and conditions, contains • imagine �' leaming E 13 Pg. �'_ imaginelearning.com 1$77-7CLICKS DocuSign Envelope ID: 6F5A7CAB-E8CE-47EC-6FDC-11383F7132A60 HTerms and Conditions of Company Services additional terms regarding Company's use of Confidential Student Information. Customers and Authorized Users may view Company's privacy policy at httos://www.imanineleamina.com/privacv ("Privacy Policy") Customer is responsible for providing notice of its own privacy policy to parents of its students and is solely responsible for obtaining any necessary parental consents for students to use the Services. ' 9.3 Data Security. Company agrees that it will store and process Confidential Information, including Confidential Student Information, in accordance with customary industry standards. Company 'shall Implement and maintain commercially reasonable administrative, technical and physical security measures designed to protect Confidential Information from unauthorized access, disclosure and use. Company will conduct periodic risk assessments and remediate identified material security vulnerabilities in a commercially reasonable manner. Company will have a written data breach response plan and will take commercially reasonable steps to notify the Customer once it becomes aware of a data breach known to involve, or likely involving, Customer Confidential Information. Company will cooperate with the Customer to comply with any applicable data breach notification laws. 9A - Aggregated and De -Identified Data. Company may use aggregated data and De -Identified Data for product development, research, marketing, and other purposes as set forth in the Company's Privacy Policy. 9.5 Confidential Student Information Return and Destruction. Upon termination or expiration of this Agreement or thereafter, at the Customer's written request, Company shall, in a reasonable period of time, return all Confidential Student Information to Customer or shall destroy such Confidential Student Information that Company knows it possesses to the extent that destruction is reasonably practicable. Company shall not be required to return or destroy aggregated data or De -Identified Data. Customer acknowledges that some data may remain in archive or other files following Company's commercially reasonable attempt to return or destroy Confidential Student Information. Company may transfer Confidential Student Information and De -Identified Data or aggregated data to its successor pursuant to a merger, consolidation or sale of substantially all of its assets pursuant to Section 13 of this Agreement. 10. INDEMNIFICATION 16.1 By COMPANY. Company shall indemnify, defend and hold harmless Customer against any third - party claims that the use of the Services as permitted hereunder infringes any copyright, US patent or other intellectual property right of a third party, and Company shall pay any losses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) finally awarded by a court to such third party or otherwise agreed to in settlement of such claim by Company. if any portion of the Services becomes, or in Company's opinion is likely to become, the subject of a claim of infringement, Company may, at Company's option, and as Customer's sole and exclusive remedy therefor: (a) procure for Customer the right to continue using the Services; (b) replace the Services with non -infringing software or services which do not materially impair the functionality of the Services; (c) modify the Services so that the Services become non -infringing; or (d) terminate this Agreement and refund any fees paid by Customer to Company for the remainder of the term then in effect, and upon such termination, Customer will immediately cease all use of the Documentation and Services. Notwithstanding the foregoing, Company shall have no obligation under this Section 10.1 or otherwise with respect to any third -party claim based upon (1) any use of the Services not in accordance with this Agreement or as specified in the Documentation; (ii) any use of the Services in combination with other products, equipment, software or data not supplied by Company; or (III) any modification of the Services by any person other than Company or its authorized agents. This Section 10.1 states the sole and exclusive remedy of Customer and the entire liability of Company, and any of the officers, directors, employees, shareholders, contractors or representatives of Company, for claims and actions described in this Section 10.1. 10.2 By Customer. To the maximum extent allowed by applicable law, Customer shall indemnify defend and hold harmless Company against any third-party.claims arising out of (a) any failure by Customer or any Authorized User to comply with applicable laws, rules and regulations (including those promulgated by U.S. federal or state regulatory authorities) In connection with its activities hereunder, including without limitation imagine learning V�• `� pg• imaginelearning com 1877-7CUCKS DocuSign Envelope ID: 6F5A7CAB-E8CE-47EC-8FDC-11383F7D2A60 HTerms and Conditions of Company Services its provision and Company's authorized use of Customer Content (possibly including student information) hereunder or failure to obtain required consent from any Authorized User or other end users, (b) Customer's unauthorized -use of Services hereunder and/or •(c) Customer's breach or alleged breach of any of its covenants, representations or warranties hereunder, and Customer shall pay any losses, damages, costs, liabilities and expenses (including, but not limited to, reasonable attomeys` fees) finally awarded by a court to such third party or otherwise agreed to in settlement of such claim by Customer. This Section 10.2 states the sole and exclusive remedy of Company and the entire liability of Customer, and any of the officers, directors, employees, shareholders, contractors or representatives of Customer, for the claims and actions described in this Section 10.2. 10.3 Procedure. The indemnifying parry's obligations as set forth above are expressly conditioned upon each of the foregoing: (a) the indemnified party shall promptly notify the indemnifying party in writing of any threatened or actual claim or suit, provided, however, that failure to give prompt notice will not relieve the indemnifying party of any liability hereunder (except to the extent the indemnifying party has suffered actual -material prejudice by such- failure); (b) the indemnifying party shall have sole control of the defense or settlement of any claim or suit; and (c) the indemnified party shall (at the indemnifying party's expense) reasonably cooperate with the indemnifying party to facilitate the settlement or defense of any claim or suit. 11. TERM AND TERMINATION 11.1 Term. This Agreement shall be for the term (the "Initial Term") of any Services purchased pursuant to a Price Quote for Services and shall thereafter renew for one (1) year terms (each a "Renewal Term") upon the mutual written consent of the parties prior to the expiration of the then -current term. The Initial Term and the Renewal Terms (if any) are, collectively, the `Term." Customer only has the right to use the Services during the Term. 11.2 Termination. Either party may terminate this Agreement immediately upon written notice to the other party if the other party materially•breaches this Agreement and fails to cure such breach within thirty (30) days after its receipt of written notice of such breach. I 11.3 Effect of Termination. Immediately upon termination of this Agreement, (a) the licenses granted to either party shall immediately terminate; and (b) Company shall cease to make available and Customer shall cease to use the Services. Termination shall not relieve Customer's obligation to pay all charges accrued through the effective date of termination. Sections 3.3, 6A. 7, 8. 9, 10, 11.3. 12 and 13 will survive the expiration or termination of this Agreement. 12. GOVERNING LAW AND VENUE If Customer is a public school or district or other state or municipal governmental agency (a "Public School"), this Agreement and any action related thereto will be governed and interpreted by and under the laws of the state where the Customer resides, excluding any conflict of law principles. Otherwise, this Agreement will be governed by the laws of the state of Arizona. Each party expressly waives any objection that it may have based on improper venue or forum non- conveniens to the conduct of any such suit or action in any state or federal court located in the state where the Customer resides, if Customer is a Public School. If Customer is not a Public School, such venue shall be state or federal court located in Phoenix, Arizona. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Customer shall always comply with all international and domestic laws, ordinances, regulations, and statutes that are applicable to Its use of the Services hereunder. 13. MISCELLANEOUS. 13.1 Press Releases. If requested by Company, Customer agrees to cooperate in good faith with Company on a press release following execution of this Agreement and agrees to allow Company to list (using Customer's name and/or_Customees logo, as determined by Company) Customer as a customer on Company's website or in documentation to be shared electronically or in print. • imagine Z /' leaming Vol. 5 ® P9. imaginelearning.com 1677-7CLICKS DocuSign Envelope ID: 6F5A7CA&E8CE-37EC-8FDC-11383177132A60 '. Terms and Cofiditions.6f Company Services • . • 13:2 '::::?Independent Contractors. The parties are inde ndent contractor's and 'nothing iri this Agreement pe :. shall be •deemed.to create the relationship of partners, joint venturers, employer -employee, master -servant, ;:. ;.. ' .or franchisor franchisee -between -the parties, :Neither party is, WWII hold itself out to be, ari agerit-.of the. ............. other. part "either'.party is authorized to -.enter Into 'any -contractual commitment on behaif of the other...'• ...... a '° . _ 13.3' ; No Additional Terms and Order of Precedence. These Terrds and Conditions, together with the attached Price Quote for Services(s), contain the entire agreement of the parties and supersedes any prior or present understanding or communications regarding its subject matter, and may only be amended in a writing signed by both parties. In the event of a conflict between the terms in the Price Quote for Services and the Agreement, the terms contained in this Agreement shall control unless otherwise;expressI stated. :..: in the Price.Quote for Services. 13.4 .:.Severabili to the event an " rovision of this :.: • ..• .. ; •:•.• , N.'. , y p Agreement is held by a••court.of .law or other goverrime010 agency to•be void or•unenforceable,'such provision shall be changed and interpreted so as '. . • :°: ''to best accomplish the .objectives itf the, original provision to the fullest extent allowed by law, .and the .:' rernaining.provisions shall remain in full force and effect. 13.5' ..:Assignment. Neither party shall assign this Agreement without the other party's prior written• ' :consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, either party may assign this Agreement to its successor pursuant to a merger, consolidation or sale of substantially all of its business 'or assets related to this Agreement. This Agreement shall be'binding.upon'and inure to the benefit of the . parties and their.successors and 'permitted assigns.. = 113A ..'force Majeure. iNifthdi party shall be deemed to be in Veath of this Agreementfor any failure or . delay `in ::performance .(other than 'payment of Fees due hereunder) caused by reasons beyond its , .... reasonable control, including, but not limited to, acts of God, pandemics; epidemics,•war,'terrorism, strikes,'.'', ' failure:of suppliers, fires, floods or earthquakes.. = 13.7 ` : Export. The use of the Services is subject to U.S. export control laws and may be subject to similar regulations in other. countries. Customer agrees to comply with ail such laws.....: ` ..13.8 •:_Notice: Any notice given under this Agreement shall be in writing and shall be sent via priority mail: :.. :.:' by' a nationally. recognized. express delivery service addressed to the address and the signatory set forth in., - :::. the Price Quote for Services set forth .above. Such ;notice shall also be sent via email to :the email address • - ,set forth 'in the Price'Quote for Services set forth above..` No Third Party'Senefrciary. There are no third -party beneficiaries to this Agreement., .. . 13.10 -Counterparts.'This Agreement may be executed -in counterparts, each of which shall be deemed :an original and. both of which shall be taken together and deemed one instrument.. ;:IN WITNESS WHEREOF, the,Parties: have entered into this Agreement eftectiva as of the Effective Date. -COST ':. . . • . �•' .:- : :- .. .; IMAGINE !EARNING- LLC ` • :�:: �::. •; ; : • -: ... - . Si atute: Si nature: I DMA. fflArb A '::P1EI ' 'avid Alderslade'= P inted'Nahie: � � LS .. Printed Name: Title:..::: •.-. I�t N7`�, • �U (�`raE .' ' .. -Exemtive'Vice President, CFO Title: Date: .._... g . �. O o2 C� c��. 8/22/2022' :. Date• .. : . Address:'•.app . 5:; i TEXAS :p►�! : •Nti,(� :. - Address: 8860 Fist Chaparral Road, Suite 100 ::��'3a:'' • : � l�-ice:• �_-'���:• : n�. 3° :• • • Scottsdale, AZ 85250 ,•' ' .• •. . ..•,..� ..• :..:. ': ;:.` . • .•• imagine ; .....���. -�� � �� '- • . ... ' .- . :...° ::::' � -. - � .. '• � .: ��:��•:' � �'° • � , .. ;... : Pg. %/' IeQrning: .: �� imaginelearning.com 877-7CLICICS ' DocuSign Envelope ID: 6F5A7CAB-E8CE-47EC-8FDC-11383F7D2A60 Terms and Conditions of Company Services Addendum for Instructional Services and Professional Development 1.. APPLICABILITY. These additional terms and conditions apply if the Quote includes the purchase of Instructional Services or Professional Development Services from Imagine Learning LLC and its affiliates and subsidiaries ("Company"). In the event of a conflict between these additional terms and the Company's Terms and Conditions of Company Services, these additional terms shall control, but solely with respect to the provision of Instructional and/or Professional Development Services. Capitalized terms used, but not defined, in this addendum have the meanings set forth in the Term and Conditions of Company Services. 2. CUSTOMER LIAISON. Customer will designate an individual to serve as its primary liaison to Company for all communications related to the provision of Instructional and Professional Development Services, setting up access for End Users, and use of the Services. 3. HOURS OF AVAILABILITY. Company Instructional and Professional Development Services will be available during the business hours specified by Company, or if Customer requires Instructional Services for certain times or additional hours, such requirements must be specified in the Quote prior to the beginning of the term of Customer's purchase of Services. Requests for access to Instructional or Professional Development Services not already provided for in the Quote must be made or approved by the Customer Liaison, and may result In additional charges. 4. NO GUARANTY OF OUTCOMES. Company cannot make any guarantees, representations or warranties as to any student, teacher, or other End User outcomes or results from the Instructional or Professional Development Services. 5. INSTRUCTIONAL SERVICES. If specified in the Quote, Company will provide virtual access to teachers or coaches (or both) ("Company Instructors") who are hired, trained, supervised, and paid by Company, and who will assist in the virtual delivery of the Licensed Material to students and their use of the Services (the "Virtual Programs"). Customer is responsible for (a) providing secure Internet access for End Users to use the Virtual Programs; (b) all day -today management of the Virtual Programs, subject in all cases to compliance with Applicable Law and Customer policies; (c) obtaining all necessary consents for the provision of Instructional Services where they will involve direct contact between Company Instructors and students and parents; (d) determining appropriate student courses and verifying student schedules; (e) monitoring student attendance and ensuring compliance with applicable state requirements; *and (f) assisting students not making adequate progress. a. Instructor Requirements. Customer shall be responsible for advising Company of any special certification, training, background checks, insurance, fingerprinting or similar requirements for the Company instructors as may. be imposed by Applicable Law. ("Instructor Requirements"). Company shall be solely responsible for all decisions regarding hiring, supervision, discipline, and dismissal of Company Instructors, and for ensuring that all Company Instructors meet and comply with Instructor Requirements. b. Exceptional Student Services. If Customer is a public entity receiving federal funds, Customer Is considered the "Local Educational Agency," or LEA, as that term Is defined by Applicable Law, and Customer is solely responsible for the provision of any special education services. Company's services do not include (i) providing 'special education services; (ii) creating, implementing or providing Individualized Education Programs ("IEP"); Oil) providing reasonable accommodations or any services to insure compliance with the.individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA). section 504 of the Rehabilitation Act, or any other Applicable Law. Notwithstanding the foregoing, Company will discuss, formulate and make reasonable adjustments and accommodations in furtherance of student IEPs or reasonable accommodations established by Customer, provided that Customer provides necessary IEPs and section 504 documentation to Company. Customer shall be solely responsible for the costs of any required adjustments or accommodations. • imagine /' learning VOL 2 Pg. imaginelearning.com 1877-7CLICKS DocuSign Envelope ID: 8F5A7CA8-E8CE-47EC-8FDC-91383F7D2A80 Terms and Conditions of Company Services c. State Testing. Customer is responsible for providing appropriate accommodations for the administration of any state -mandated standardized testing by End Users. Customer is also responsible for receiving, distributing, administering, proctoring and returning all state mandated standardized tests under applicable state law. policies and procedures. d. Reporting and Withdrawal of StudentslEnd Users. Where reporting of student results is required by Applicable Law, Customer shall be responsible for ensuring the accuracy and completeness of student Information used, relied upon, or reported by Company in providing the Instructional Services, and shall promptly notify Company If any student information needs to be corrected or updated. Upon notice to Customer, Company reserves the right to withdraw End User access for students who fail to take required tests or maintain adequate progress. 6. PROFESSIONAL DEVELOPMENT SERVICES. if included in the Quote, Company may also provide Professional Development Services, ("PD Services") which may include training and Instruction to Customer's instructors and administrators on the implementation and use of the Services, curriculum workshops; use of student information to monitor progress, and other related topics as may be specified in the Quote. Customer shall be solely responsible for providing necessary equipment and secure Internet access to facilitate the PD Services, and for scheduling the PD Services at least two (2) weeks in advance. a. Charges for PD Services. Before delivering Professional Development Services, Company must receive a signed Quote specifying the number of hours included and the cost of the services provided, and all necessary setup and implementation services required to demonstrate and use the Services must be completed. Professional Development Services will be available for use by Customer only during the Term of the Subscription. b. Use of Customer's Facilities. If Company will be providing any PD Services at Customers premises. Customer shall advise Company In advance of any instructor Requirements for Company personnel, and Company will be responsible for insuring that all Professional Development personnel meet and comply with all such requirements. c. Forfeiture & Cancellation of PD Services. Professional Development services purchased but not scheduled and delivered within the first year of the Term may be forfeited without notice. ... Customer agrees to reimburse Company for travel and other out-of-pocket expenses incurred if Professional Development services are changed or cancelled less than 48 hours prior to the scheduled delivery date. Company reserves time exclusively for the -Customer once Professional Development services have been scheduled. If Customer is a no-show or cancels scheduled Professional Development services in less than 48 hours before the scheduled delivery date, Customer may be charged for the scheduled services. The Parties must document in writing and sign any and ail grace periods or extension of time for delivery of Professional Development Services. 7. NO UNAUTHORIZED RECORDING OR REPRODUCTION. Aii content delivered by Company as part of Instructional or PD Services are the property of Company, and customer may not record, reproduce or copy such content without Company's express written authorization. �1 im leommeg Vol. -3-7� 6'g. . lmaginelearningcom 1877.7CLICKS `ocuSign Envelope ID: 6F5A7CAB-E8CE-47EC-8FDC-11383F7D2A60 imagine learning 8860 E. Chaparral Rd Suite 100 Scottsdale, AZ 85250 877-725-4257 Brazos County Juvenile Services PO Box 914 Bryan TX 77803 Brazos County Juvenile Services Odysseyware K-12 Comprehensive Concurrent.User Price Quote Date 9/1/2022 Quote No. 241652 Acct. No. 05:br:TX:12500153 Total $14,000.00 Pricing Expires 8/31/2023 9/1/2022 I 8131/202: Subtotal $14,000.01 Total $14,000.01 Imagine Learning will audit enrollment count throughout the year. If more enrollments are found to be in use than purchased, Imagine Learnir will invoice the customer for the additional usage. This quote is subject to Imagine Learning LLC Standard Terms and Conditions ("Terms and Conditions"). These Terms and Conditions are available at https www.imagineleaming.com/standard-terms-and-conditions, may change without notice and are incorporated by this reference. By signing this quote or by submitth a purchase order or form purchasing document, Customer explicitly agrees to these Terms and Conditions resulting in a legally binding agreement. To the fulle extent permitted under applicable law, all pricing information contained In this quote is confidential, and may not be shared with third parties without Imagii Learning's written consent. /"""''•.� Brazos County J venile Se ices Imagine Learning Representative Signature: Jordan Crick Print Name: (�Ar(� p�TERS Jordan.crick@imaginelearning.com . Title: 361-484-3198 �'dQt,�NT�I 1 L.o& E Date: b I ao �• Not valid unless accompanied by a purchase order. Please specify a shipping address if applicable. Please a -mail this quote, the purchase order and ord documentation to A_ROlmeginelearning.com or fax to 480-423-0213. page 1 of 1 8860.•E. Chaparral Rd., Ste 100, Scottsdale, AZ 85250 877-725-4257 Center for Success and Independence at Redulate Academy Residential Services Agreement September 1. 2022 — August 31, 2024 CONTRACT AND AGREEMENT FOR SECURE LONG-TERM RES� AL SERVICE OF JUVENILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF MILAM YOUTH OPPORTUNITY INVESTMENTS, LLC CENTER FOR SUCCESSAND INDEPENDENCE AT ROCKDALE ACADEMY Residential Services Segtember 1, 2022 - August.31, 2024 This Agreement is entered into by and between Brazos County and Youth Opportunity Investments LLC, Center for Success and Independence at Rockdale Academy, a Texas for - profit corporation, licensed to provide child care services by the Texas juvenile justice Department, and/or any other appropriate State agency with licensure or regulatory authority over this facility ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider, and is located at 696 N FM 487, Rockdale, Texas 76567. The business office of Service Provider is 12775 Horseferry Road, Suite 230, Carmel, Indiana, 46032. ARTICLE II TERM 2.01 The term of this agreement is for 2 years, commencing September 1, 2022 and ending August 31, 2024. ARTICLE III SERVICES 3.01 Service Provider will -perform the following services: (1) Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone), as agreed by juvenile Probation. (2) Provide and document paraprofessional counseling, off -campus visits or furloughs, major incidents and worker contacts. Any and all associated with off -campus visits or furloughs will be paid by the parent or guardian. Vol. Peg. c7 � Center ror Success and Independence at Rockdale Academy Residential Smias Agreement September I, 2022 — August 31, 2024 (3) Ensure that the child's parent(s) or legal guardian(s) and juvenile Probation are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile'Probation and the parents. 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. (4) Coordinate Multidisciplinary Treatment (MDT) beam meetings twice a month (one formal and one informal) while youth is in the program. The Treatment Team consists of the youth, parent/guardian, Therapist, Clinical Director, Education Representative, Assistant Facility Administrator, Medical Staff, Juvenile Probation Officer, Direct Care Staff, and anyone else the team believes needs to be involved. The purpose of the MDT is to evaluate the youth's progress in the program, discuss, any concerns or problem, and to give all participants an opportunity to provide input towards the youth`s status in medical, safety and security, recreation, education, mental/behavioral health, relationships, socialization, permanence, and parent and child participation. This process also assists the placing county with their completion of the initial case plan/reviews. (5) Maintain copies of the original Individualized Program Plan and the periodic reviews. (6) Provide the juvenile Probation Department with a written report of the child's progress on a monthly basis in a Monthly Progress Report (7) 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: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set -social skills goals, percentage of youth -demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. (8) Any and all medical/ psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s), court ordered appointed conservator or Juvenile Probation, to be paid by either Juvenile Probation, private health insurance. Medicaid coverage is not active while a child is in secure placement and cannot be utilized to cover any medical expenses. However, in no case shall a child be denied any needed medical/psychiatric treatment or clothing due to the inability to pay. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate -_ Vol.1. �j Pg.----� Center for Success and Independence at Rochdale Academy Residential Services Agreement September 1.2022 — August 31.2024 the performance of Service Provider in fulfilling the terms and conditions of the Agreement. (1)' juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1.1 Ensure children complete residential placement. 2.1 Prevent re -referrals of children during the six (6) months following release from residential placement. 3.1 Ensure children move down in their Level of Care as they progress in the treatment program. (2) juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 2.1 The total number of children placed in residential placement. 22 The total number of children who were discharged from residential placement successfully. 2.3 The total number of re -referrals of children discharged from placements within six (6) months after release. 2.4. The total number of children who move down in their Level of Care. 2.5. The average length of time before a child moves down in the Level of Care. (3) juvenile Probation shall further evaluate Service Provider by the following outcome measures: 3.1 Percentage of children In residential placement who will complete their placement . as a successful discharge. 3.2 Percentage of children who have completed their placement and not re -referrals within six (6) months after release. 3.3 Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above -mentioned services, juvenile Probation agrees to pay the Service Provider the sum of $251.21 per day for each child admitted into the program. The Levels of Care is defined by the Texas juvenile justice Department. The daily rate shall be paid to the Service Provider for each day a child is in residential placement pursuant to billing and paying procedures agreed upon by juvenile Probation and Service Provider. Youth Opportunity, at their discretion, may increase daily rates in accordance with the Texas Department of Family and Protective Service (TDFPS) rate schedule. As TDFPS rates increase, Youth Opportunity may increase rates to reflect the current rate of service. If a rate increase is proposed, the contracting county will be provided 30 days' notice of said increase. 5.02 For children participating in sex offender treatment, the cost of the Offense Summary Polygraph and the Sexual History Polygraph will be paid by the Service Provider at a rate of $250.00 per exam. Additional polygraphs required due to the child failing one or both of the aforementioned exams will be paid by juvenile Probation at a rate of $250.00 per exam. The cost is based on the projected actual cost of care for children in the facility. Payment is due within 30 days of receipt of billing. V01.3%-1—) Pg. Center for Success and Independence at Rochdale Academy Residential Services Agreement September 1.2022 — August 31.2024 5.03 Psychiatric services will be provided at no cost to the county for the initial evaluation and any follow up evaluation. The service provider will request medical permission before any resident is seen by the psychiatrist The county is responsible for payment for any labs or medication resulting from the psychiatric visit 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 with ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal,control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation -in -a timely manner. 5.05 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ("Outside Treatment') are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the juvenile Probation. juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify juvenile Probation of Outside Treatment within twenty-four (24) hours of its occurrence. 5.06 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from juvenile Probation under this contract Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): (1) Service Provider1as an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to juvenile Probation by March 1 following the end of the fiscal year. (2) If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from juvenile Probation in whole or in part paid from state funds. The accounting shall dearly list the state funds received from juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to juvenile Probation thirty (30) days prior to the. renewal date of the contract 5.07 It is understood and agreed by Service Provider thatthis Agreement is funded in whole or in part with.grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 5.09 Service Provider agrees to make claims for payment or direct any payment disputes to juvenile Probation's Fiscal Officer. Service Provider will not contact other department 'employees regarding any claims of payment Vol. pg. Center for Success and Independence at Rockdale Academy Residential Services Agreement September 1, 2022 — August 31,2024 5.10 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 5.11 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties' resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE VI ADDITIONAL TERMS & AGREEMENTS 6.01 Prior -to transporting a child to the Facility for placement; the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of juvenile Probation may be denied if space limitations require as determined by the Facility. 6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the juvenile Court of sending County. 6.03 . Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable, or whose mental or physical conduct would*or might endanger the other occupants of the Facility, then the Administrator shall notify the juvenile Probation Department if sending County of this determination. The child shall be removed immediately from the Facility. It will be the responsibility of juvenile Probation to provide for the transportation for the removal of the child. 6.05 Service Provider, agrees that the Facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives authorization from the juvenile Probation Department that originally detained the child. 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of sending County pursuant to: (a) section 6.04 of this Agreement, (b) an Order of Release signed by the judge of the Juvenile Court of sending County. 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit contracted County, its agents, servants, or employees in any way to manage control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the juvenile Court of contracted County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 5 1voi. -3-w-, Pg. Center tar Success and Independence at Rochdale Academy Residential Services Agreement September 1. 2022 — August 31, 2024 6.09 juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion Service Provider must not release a client to any person or agency other than juvenile Probation without the express consent of an authorized agent of juvenile Probation. 6.10 The Service Provider verifies that it does not boycott Israel and will not boycott Israel during the term of this agreement The term "boycott Israel" is defined by the Texas Government Code Section 808.001, effective September 1, 2M7. The Service Provider verifies that it has not engaged in business with Iran, Sudan or any Foreign Terrorist Organizations, as defined by the Texas Goverment Code Section 2252.152. 6.11 This contract, terms and agreements are transferable. ARTICLE VII EXAMINATION OF PROGRAM & RECORDS 7.01 Service Provider agrees that it will permit juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation. 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement 7.04 Service Provider will keep a record of all services provided to juvenile Probation under this Agreement; and upon reasonable notice will -provide -information, records, papers, reports, and other documents regarding services furnished as may be requested by juvenile Probation. Service Provider will maintain the records (as referenced above) for seven (7) years after the termination of this Agreement 7.05 Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditors Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor 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. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards." ARTICLE VM CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in juvenile Probation, 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. Vol�l� Pg._[�_ Center for Success and Independence at Rochdale Academy Residential Services Agreement September 1.2022 — August 31, 2024 ARTICLE IX DUTY TO REPORT 9.01 As required by 0261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following. (1) Local law enforcement agency (such as the Milam County Sheriff's Office); (2) Texas juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424.6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and (3) Contracted County juvenile Probation Department 9.02 • Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the. Prison Rape Elimination Act.of 2003 (PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile Offenders. Under PREA, Service Provider shall make available to the Chief Probation Officer 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 year no later than June 30 [PREA §115.387 (e) and (% Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation -to ensure that the Service Provideris complying with the PREA standards [PREA §115.312(b)]. To comply with this standard, the Service Provider will make available to the CPO all incident -based aggregated sexual abuse data within 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 9115.389(b)]. Contractor will be subject to a Department of justice (DOJ) PREA Audit every three (3) years beginning August 20, 2013. Contractor shall be solely responsible for paying for a PREA Audit as required by its contract with Brazos County. 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 there from 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. Separate accountability of The receipt and expenditure of state funds. Furthermore, Service Provider shall be responsible for the financial cost associated with any PREA audit. Center for Success and Independence at Rockdale Academy Residential Services Agreement September 1.2022 —August 31.2024 ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: (1) Any and all corrective action required by any of Service Provider's licensing authorities, (2) Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; (3) Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; (4) Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; (5) The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and (6) The identity of any of the Service Provider'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 or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years, or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (1) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment promotion, demotion or transfer, recruitment or advertising, lay- off or termination, rates of pay or other forms of compensation and selection for trainin& including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this non-discrimination. (2) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) Shall abide by all applicable federal, state and local laws and regulations. Crater for Success and independence at Rockdale Academy Residential Services Agreement September 1, 2022 — August 31, 2024 ARTICLE XII OFFICIALS NOT TO BENEFIT 12.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project; shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIII DEFAULT SANCTIONS PENALTIES FOR BREACH OF CONTRACT 13.01 Juvenile Probation may, by written notice of default. to Service Provider, terminate the whole or any part.of this Agreement, as it deems appropriate, in any one of following circumstances. (1) If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or (2) If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. (3) All notices required under this Agreement shall be in writing. They shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. CSI - Rockdale Academy 696 N FM 487 Rockdale, Texas 76567 Brazos County 1904 S Highway 21 West Bryan, TX 77803 (4) Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. (5) The parties intend that, in construing and enforcing the provisions of the Agreement+ mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. (6) If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. (7) No express or -implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. Vol. 37�— P9.� Center for Success and tndepeadeoee at Rockdale Academy Residential Services Agreement September 1, 2022—August 31, 2024 (8) The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. ARTICLE XIV TERMINATION 14.01 The term of this Contract shall be for a period of twenty-four months from the effective date. however, if either party feels in its judgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At-12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish Contract County responsibility for payment of any amounts due and owing at the time of termination of the contract Contracted County shall remove at its expense all children placed in the Facility on or before the termination date. ARTICLE XV WAIVER OF SUBROGATION 15.01 'Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVI 16.01 - It is further agreed that Service Provider will indemnify and hold harmless Brazos County against any and all negligence, liability, Ioss, costs, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by Service Provider, its agents, servants or employees arising from activities under this contract Service Provider shall have no obligation to indemnify and hold harmless said County for any act(s) of commission or omission of the County or the County's agents, servants, or employees arising from or related to this contract for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.M This Agreement is expressly made subject to Brazos County Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver of any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third -party beneficiary. 10 va. �'� P9, Center for Success and Independence at Rockdale Academy Residential Services Agreement September I, 2022 —August 31, 2024 ARTICLE XVIU REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following- (1) That it has all necessary right, title, license and authority to enter into this Agreement; (2) That is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; (3) Service Provider will maintain in force policies of general liability insurance against loss to any person or property occasioned by acts or omissions of Service Provider. Certified copies of original insurance policies shall be furnished to juvenile Probation. Furthermore the juvenile Probation shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to juvenile Probation. (4) 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 Texas Family Code Chapter 261 and any applicable Texas juvenile justice Department administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Milam County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising, from" Agreement shall be in Brazos County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes 1 l Vol. � `7�-- Pg. Cw trfhrSumwd AadW S9PWdW I,2W-Agpxt31 any prior waderattutdings or wfiam or oral Agreement between the parties tteapecthtg the wrtitin suub)ad mattes. This Contract and Agreement Is executed wit4 the decbnd munttan of the parties Ntat this Cordract and Agreementls a emb actpwvidigg for the== of dhmm who have allegedly eeamnitt d an act of delinquency or an act indimft a treed for supetrviaion, and payment for such care will be made �dldren ty for the dplaced In tits Fadhty by *a judge of said County havigg juvenile EXECUTED IN DUPUCAT& EACH OF WWCH SHALT. HAVETIE FULL FORCE AND EIiFBCl' OF AN ORIMAL. IN ES6 WyiyMOF, ereunto aft our aignadue this .% day of erte�._., ?Aaoo Probation Department Cent�cfa or Sul 1 Chef juvenile Probation OfGoer fames Authorlmd Pemonnil andnee ende C� jr. 12 Vol. pg. -�b/ BRAZOS COUNTY COMMISSIONERS COURT ON 8 ue.' co U's` i �? 0 , 20 0-c2, , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BY: DATE: S 101. a O oZ a� Duane Peters, County Judge 200 S. Texas Avenue, Ste. 332 Bryan, TX 77803 Phone: 979-3614102 Fax: 979-3614503 Ctuhrf*rS-andiadtulSocid � Aur D*ASeptemDc T. �-Atr�t;T CONTRACT AND AGREBNiENT F_OR S9a E SHORT^TEEM DETENITOAT OF I A-M ILE OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF MILAM YOUTH OPPORTUNITY MVIOM1BM CENTER FOR SUCCESS AND INDEPENDENCE AT ROOMALE ACADEMY Detention Services She �tember X 2022 - Anp-ug91. 2= , This Agreement is entered into b r and between the i-.� : �; ; County, at Ste request of and on behalf of the i� � i County juvenile Frobarum Deparhnent and Cmd" for Success and Independence at Rockdale Academy, a Texas for. profit Corp oratim licensed to provide child care services by theTexas juvenge jusft Departmt, and/ar any other appropriate State agency with lice sure or regulatory authority over this facility ("Service Provider"). ARTRU I i.01 ylrhereas &= - .. County, in order to carry out and conductits javemle program in accordance with Ete juvenile justice Code, We IN of the Texas Fm4y Code itas need of the use of detention facilities to house and maintain children of f u mu% age, who ate rekmed.to a detention facility for acts) of delinquency or•act(s) indicating a reed for supervision, during pre-trial and pre•dispositional status or in Ow post-dispodda nd bmbnent presoibed by the Court 71te placement facility to be Utilized is owned and operated by Service Provider, and is located at 696 N FM 487, Rockdale, Texas 76W The business office of Service Provider is 22775 iiorsdferrq Road, Suite M CernA Indiana, 46M ARTICLEIi 201 The term of this agreement is for 2 years, comTnencutg &-ptember 1, 2022 and ending August SL 2024. ARTICLE III "MMISION8 OF M CM 301 A Service Provider wM provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical amminatJOA and treatmentwithia the padlity (but shall not provide or pay for emergency examaration, treatment, or Hospitalization outside the Facility): an approved education pmgmm, reaestion Ibxgkim and counseling to earn dd1d placed within the Fadltty. FOI.�� P9. ��/ CeatetlarSahsae and tadipeadeon at ttad date AadmW orient W&tv WA{Rptletht SeptemberI,20I2—A WW31.2L2t 8. If einergenry exaIIuh►afioab $NLgi treatactent, health Gce treatment and�OT hospfbabizati0n outside the Fixity ("Outside Treatmnrri") is required for a child placed in the pacWW, the Of tine facility is authorized to secure the Outside Treatment at cite expense of the Contracted Coutity. Conbuted County agrees to indean * and hotel kmrmless Service Provider► its officer% directors, rupresentatives, agents, shareholders and employees from any and all biabfiity for charges for Outside Mmalmea The Admudstrator ehal =Mfy gm appropriate Contracted County officials of Outside Treatment within twenty.fw (a) henna of its ocrurrenre. C Children horn Contracted County who are alleged to have engaged in delinquent conduct; indicating a need for supervision, as reflected fa a Child in Need of 9rpervision Order (CU" wen be admitted to the facility under the authority of any juvenile Court having jurisdiction or its designated official. Children not released within forty430t: (48) hours (excluding weekends and holidays) must have A detention heating in then to juvenile Courtin accordance with the Texas Family Code, Title M n ma). If the child is ordered detained, a certified copy of the Detention Order must be delivered to the detention Fadlity prior to the child's re -admission. D. Each child placed in the Farllity shall be required to follow the rules and regulations of conductas fixed and determined by the Administrator and staff of the pacility. B. Na child is accepted by the Facility from Contracted County and the dtild thereafter is determined to be, in the sole judgment of the Administrator, mentally unfit; dangerous or unmanageable or whose mental or phydcal.conductwould or might endanger the other occupants of the Facility, then the Administrator shallnotify the probation Department of Contracted County of this determination. Th4 child dwH immediately be removed hom the Facility. It will be the responsfbrlity of Contracted County m provide for the transportation for the removal of the child. F. Service Provider agrees first the h&ty will accept any child who qualifies, wit m regard t4 such child's religtorb race, seed, sex or national origin. Q Itia further understood and agreed by the parties thatchiildm planed in pre. adjudication care in the Facility shall be removed frame the Faculty by Ste appropdate authorities f 0M Contracted Conroy, or its agents, servants or employees at the conclusion of Se to (10) day working period authorized by the Court Order issued at the conclusion of the Initial detention hearing by the judge of the appropriate juvenile Court unless a new Order has been issued authodzirig the continued detention, and a copy of the new Orderhas been delivered to the Fatuity► or unless a waiver of the teat (10) wonting dayhearmg has been executed and a signed copy of the waiver is veoeived by the FacWty. A copy of the Order - hmed pursuant to the Waiver shall be finished to the Facility. The same understanding ant detemionn fur up to fifteenrking days after the initial hearing and detention period. IH. his further understood and agreed by tits parties that should a child in pre4djudication care notbe removed as described above in paragraph (k), by 72:A0 o'clock noon of the WNW) working deli of an initial detention period, fifteenth worlftg day if it fs not, andat new Order author a tg continued detention has not been reodved at the Facility, an employee 2 Vol. Pg. ��- Centsfor8MWand 1§110 ndeacestRarW*Auduw Daentlon Series As UMMt sgPtot;%w t, 25n—Angou 91.20Lt of Senvioe Provider shall deliver the child to the Juvenile Courtof the placigg Cauntyfor which there will be an addidmW charge of SS (fi"ght) cents per mile. L It is further understood and agreed by the parties that children niay be released to the Probation Officer or other appropriate authority of Contracted County pursuant to; (a) paragraph E of this Agreement, (b) an Order of Release signed by the judge of the juvenile Court of the placing County. J. Service Provider shall be in compliance with aU Standards and requirements of the Texas Juvenile Probation Ctmrmission and all applicable State and Federal law X Service Provider shall provide twenty (24) hour supervision for the client; including awake staff during sleeping hours in a Secure Facility: L. Bach child placed in the Facility shall be provided the opportunity to complete the MassachuseHs Youth Screening Instrument (MAYSi 2) as required by the Texas Juvenile Probation Commission. Facility personnel administering the MAYSI.2 shall be properly trained, sign the warning page, and document time and date admirdsbered. The MAW-2 shall then be promptly provided to the juvenile Probation Officer of the detaining county. M. Ea& child placed in the Facility shall be enrolled in an educational program. Special steps shalt be taken to comply with requirements of Special Education students and dt* needs. N. h is further understood and agreed by the parties that noWng in" contract shall be construed to permit tine placing County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its directors, offs, employees, agents, shareholders and designees in any manner respecting its work, duties or bmctions pertaining to the maintenance and operation of the Facility. However, it is also understood tdnat the Juvenile Court of Contracted County Obeli control the ca &tions and trams of detention supervision as to a particular child pursuant to the Texas Family Code, Section Sul O. R fs further uirrlersbood and agreed by the parties Brat Contracted County will be &=daily responsible for any damages caused by any child the County places at the Facility. ARTICLE IV COMPENSumbi 44.01 For and in consideration of the above -mentioned services, juvenile Probation agrees to Fay Ike Service Provider the sum ofW-0- 2,•,per day for each chiid.Uadally rate "be paid to The Service Provider for each day a chdld is in detention. The cost is based an the projected acts al cost of care [or children in the iaailityr. 4.02 Service Provider will submit an Invoice for payment of services to the juvenile Probation Fiscal Officer on a coon lily basis. Sind invoiceshall be submitted with ten (10j working days Mowing the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to spedfic clients if appropriate, dam service was rendered, total daily coA and total monthly cost: Each invoke received for payment will be reviewed by juvenile Probation in order to monitor Service Provider for final M compliance with this Agreement Invoices submtodV Sarvtee Fkavideri n proper form shall be paid by Juvenile Probation Ina timely mamrer. . Vol. �'�� — P9. 03 Center for Sterns tna ladepadwwall edtdele Aadewx - DetenttonSenrixsApeement fttnba 1.2d22—AWt3l.204 4.03 Service Provider shad a ont sepamtdy for the receipt and ftVeuUhK of any and all state funds received hom juvenile Probation. under this contrast Service Provider shaft account separa*for state funds received and expended utilirdng the following Generally A=pted Accounting Practices (GAM. 2. Service Provider has an outside auditcompteted on a yearly basis which specifres receipt and expenditure of Slate funds. Service Provider shall forward a copy of rite annual outside audittojuventlePsobation by March t Nowingthe end of the fiscal year. 2. If service Provider does not obtain an annual outside audit; that Service Provider ahoy provide a separate aceormftg of fund$ received from juvenile Probation in Whole or In part paid from state funds. The a mounting shall clearly list the state funds received from juvenile Probation and accountfor expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation: The accounting shall be provided to juvernfteProbation thirty (3o) days prior to the renewal date of the contract 4.64 .it is understood and agreed by Service Provider that this Agreeme4is funded in whole or in part with grant or state funds and shall be subject io Wmination withoutpenalty, either in whole or in part; if funds are root available or are not appropriated by the Texas Legbbture. US In the event thatState Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 406 Service Provider agrees to make claim for payment or direct any payment disputes to juvenile ftobation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. &07 Servke Provider will provide cerli radon of eligibility to reeelva'State funds as required by Texas Family Code Section231.006. 4.08 Except to the extent that a pirty to this Agreement seeks emergency judicialselid, the parties agree to negotiate in good faith is art ef#ort to resolve any disputes related to this contract that may arise, no matter when the dispute may aria. 9 a dispute cannot be resolved by negotiation, the dispute shall be submitted to m on before the parties resort to arbitration or )!ligation The parties shall choose a mutually acceptable mediator tD mediate the dispute, and the parties shag pay the costs of inedtation sevviaes equally. 4A9 Any and all medical/psychiatric treatment and medication required to meet thte needs of the cM , as well as clothing, or other expenses not provided for in the Service Providefs program, shall be the sde respontaibititp of the said child's pam*s), guerdian(sj, court ordered appointed conservator or juvenile Probation, to be paid by either juverde, Probation, private health insurance. Medicaid coverage is not active while added is in seem placement and cannot be utilized to cover any medical expenses. However♦ in no case sba11 a child be dented any needed medieWpsychintric treatment or doff% due to the inabfitty to Pay SAi Prior to transporting a child to the Facility for placement in Secure Short -Term Deter ew, dve Pg•� heaterforSunmandiadeptndmai Aeadeep $Vumkrt,M-Auami3{ 3024 official autheming the placement ehai! tail the FAdlity to ensue thatspace is available. Placement of children by authorized officers of juvemle Probation may be denied if space limitations require as determined by the Facility. 502 A child wO only be aooepW in theFwMo uponxeoelpt by thePat&rAdministrator of a proper orderfrom thejuvenBeCourtof Contracted CmmW 5.03 Each child placed in the Facility shall be required to fotiow the rules and regulations of conduct as fixed and determined by the Administrator and sWi of the Facility. 5.04 This contract tenons and agreements are transferable ARTICLE VI 1H"NATION OP PROCIRAM& RfiC LDAPI 6A1 Service Provider agrees that it will permit juvenile Probation to examine and evaluate its program of services provided under the terms of ties agreement and/or to review its record periodically. lids examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of guestiomaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation cinch descriptive infwmadon contracted children as requested oar forans provided by Juvenile Probation 6.03 For purpose of evaluation, trapec don, auditing or reproduction, Servke Provider agrees to maintain and realm available to authorized representatives of the Slate ofTw= or juvenve Probation any and all books, documents or other evidence pertaining to the too and expenses of this Agreement 6.04 Service Provider will keep a record of all services provided to juvenile fobation under this Agreement; and upon reasomblenotice will provide infon u►tion, mortis, papers, reports, and other documents regarding servicies furnished as may berequested by juverdie Probation. Service Provider wilt maintain the records (as referenced above) forseven (7) years after the termination of this Agreement: 605 Contractor understands that acceptance of funds under this eontractacts as acceptance of the audwrity of the State Auditor's Ofte, or say successor agency, to conduct an audit or Investigation in connection with those funds. Contractor further agrees to cooperate tally with the State AuditWe Office or its successor in the conduct of the audit or kwastigation, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received inditectty by subcontractors dnrough the Contractor end she mupdrement to cooperate is included in arty subcontract it awards ARTICLB V!I .N V AM of t AMRDS 9.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in juvenile Probation, and shall not rwdiscIose the information exceptas required to pe brm the services to be provided pursuant to lids Agneer a% or as may be requ edbylaw. 5 Yol.pg.� Ceitir for &=m end hikpmdwte d Rocktbre Acmk4 Detmlioa SMIM t &$anbet 1.2022-APSM31.2424 ARTICLE VAi DVWOREPORT 0.01 As required by 66261.101 and 261.405 of theTe m Family Code, Service Provider shall report any Aegations or incident of abuse, exploitation or neglect of any child (including but not hissed to a juvenile that has been placed by juvenile ProbaUou) within twenty-four (24) hours from the time the allegation Is made, to all of the foltowbng: A. Local law enforcement agency (such as the Milam County Sherif!'s Ofice); S. Texas juvenile jotiae Department by submitting a T)JD Incident Report Foist to facsimile number 1-M2 4M717 (or if unable to complete the form within 24 hours, then by a1Wag tollflee 1-877»781r7263, followed by submitting the report within 24 hours of said CAR); and C. Contracted Courtly Juver>ite Probation Department 6.02 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinaries, regulations and standards applicable to the provision of services described herein and the performance of all obligations undettaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PM) which establishes a zero•boleranae standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in faces housing'adult and juvenile Offenders. Under PREA,, Service Provider shall snake available to the Chief Probation Officer all btodent6 based aggregated data reports for every allegation of sexual abase at its theft or fadilibies, and all such data may be requested by the Depaetment of Justice ham the previous calendar year no later than June 30 [PREA 6115367 (e) and (i)). Under PREA, the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service provider is complying with the PREA standards JFRBA $115.312(b)]. To comply with this standard, the Service Provider will make available to the CPO'aU incident -based aggregated maw abase data within 24 hours of the allegation. Under PREA, ]avenge Probation will make the aggregated semi abuse data for each Service Provider available to the public via the juvenile Probation website (PRBA §115.389(b)]. Contractor will be subject to a Department of justice (DOn PREA Audit every three (3) years. beginning August 20, 2013. Contractor shall be solely responsible for paying for a PREA Audit as required by its conbactwith said County. SBRVICB PROVIDER shall retain and make available to JUVENILE PROBATION all tmancial records, supporting doeumenta, staHsttcal records, and all other seeords pertinent to the Agreement for a minimum of seven (7) years, or until any pending litigation, claim, audit or review and all questions arising there froth have been resolved, and shall snake available for jUVBN112-PROBATION's inspection, all contractual agreements wills SWICR PROVIDER's subcontractors for services related to this Agreement Separate accountability of the receipt and expenditum of state funds. 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The patties intend that, in evr being and enf Yft the provisions of the Agreement, In ediators and judges shell gin moftum effect to the prkidples of contractual freedom and contractual enforceability. a If any rotor finds my provision of this Agreement to be invalid or unenforceable, this ffndlogshall not affect the validity or enforceability of any other provision of the Agreement. IL No express or implied waiver by any party of anyright of that patty under this Agreement in any specific circumstance shall be considered. to waive that right of thatparty is any othercircumstanoe. L The covenants and agreements in this Agreement are binding on and issued to the benefitof the parties and tideir respective heirs, executors, admh*11abom, legal repr eaentatives, aucoessars. and assigns. ARnCLE XIII nRMINATION. 13.01 The berm of this ContractsW be for a period of twentydour months from the effective data, however, if either patty feels in its judgment that the contract cannot be successMy continued, and desires to terminate lids contact; then the party so desiring to 1810inate may do so by notlf*g the other pasty in writing, by certified a180 or personal delivery to Its prawipal office, of its intention to terminate the contract thirty (30) calendar days horn the date of the Notice of Termination. At 12:00 o'clock bgMgbk thirty @O) calendar days after the date of the Notice of Termination, this eonbactshalt terminate, become null and void, and. beef no furdler forte or effect. Such termination shall notaffect or diminhh Contracted Countyre sponsibiiity for payment of any amounts due and owing at the time of termination of the contract: Said County shall remove at its expertise ell children placed in the FacMW on or before the termination date. ARTICLEXIV DROPM(N U01 It is further agreed that Service Provider will Indemnify and hold has Wkss Contracted County against any and all negligence, liability, loss, cos% claim or topmes ub tgg out of wrongful and nefterit act(s) of commission or omission by Sufte Pmuider, Its gpbr, servants or employees arising from activities under this contract Service Provider shall have no obligation to indemnify and hold harmless Contracted County for any acts) of coauntssion or ombsion of the County or the County's agm% servants, or employees arising from or rented to this conbract for which a d 1nim or other action is made. ARTICLE XV AMP S&WARRAwn 15.01 Service Provider heneby represents and wanwits the following: A. That it has all necessary right, Wk license and authority to enter into this Agreement; B. That is qualified to do business in the State of Texas; that it holds all necessary Rom= and staff aerttEi Woes tin provide the type (a) of sen+iaes being conbaced for, that it is in 9 Vol. pg. �� •„�op�psjm�aiNa�►t��Suraeq�l+�oJ...._..,..':;� jam' �. �.+ Iaa$pnjagTrtglypne3agsuipa?RdUNPIIPaVjai AMOD aptu aq 1m am qm toj:wooded pue'uots wadm soj pow v SupotpW iaa us so in w pappuutw 61Pdalle aaeq ogia umpLup jo am a41 so; dsz,pteatd aaesiuw v SI rzaRtsaaaBy Pus duo, snp imp steed ayi jo uoquaiut paaaMp a's Rita POPUM q WauaaNBY IW :PsAuoD SPEC •tagieui aaetgns txtyilet agi aaz sa'A� agi tcaae+ia9;vauzaasBY Ism so w9i!�► so ss�npueisuapun solsd ltty sapaszadus pug alasaq mq=d aqi ps i=wmi9Y Apuo pue atos aqa staizgQW W 4UatuaadV SPU LO.69 'FIN 01183MlS Sj1xS1A19aII`JY 80IHd IIIAX 31DUW utasaRi . pat"uw uaaq nAau pvq uopWid algtrao Wwun so lvdalil'plleeul tpus g to POMWoo aq 1pgs IuemmSV smli ptro;oasatp uo u►oad aatpo lue I qou pW uolsleasd algvaaso;uaun so'4gdam'AIIPI vm4 gano Va&saz lue ul olgvwtojuaun so'PbM'PRVAW Oq w pIaq aq uoseas luv aoj n�+ig xuautaaLSY slip uE paul�uoo suot�►osd ayi ja asoua ao auo luv ases ul LO Si NOUNIIIZSNOj IBS-ft IIAX RIDUIV 'liunaJ owme ul aq livgs ivamtaw2V slip moij MgWe uogvinfl Am Sol enuaA aetsnl3xg 10'41 IAX MUNV 'SMI •,junoD somg ul algeunojW an saptmmq paiaa>, sagasd asp;o suoge8ngo IIs puv Ism.L jo MsgS otp jo Smul ayi W aowpmm ul pus spun pansgsm aq l[egs wamwAV slq.L I0*91 AWdY OZM1�7 AX d'DUIIY ,gw;lvloue uo!ggloldnpmlm&u'amgo Bulpsedas Sams aepvsiq gtapv quataisvda0 a�gsnjalnraanjsexeLalgvaydd8lue pue L9Z ds'!J aPaJ Allma sexay fo stivauraunnbar ayi tp,N► aauvpsosov ul a�enf t:;o gaal$atc so uogeitoldxa 'asngg jo sivapp,ut ao suoz vfty isodas o4 pauses; kndoad aq lum S uWmw so/pun siude toopequo3gns's:aa3uttloe'WUM'saaRolduta 41 JO lin OU -G •uot<egosdallaaenj M a3u BMq jo sgwgq a pagvpdn qmN gpdwosd )lays pw sat -Mod mminstgp smw atp uI saown* An uodu dlaia,pausuq Pamou aq mqs uo!wgwd anumf asp'asownRimd •uogvgojd oL=Anf of p%WM aq VW swgod =Mmsut IvulS,rso jo saldoa pagW--J •saptnosd wMM jo suawgwo so spi lq pauolsvno luadosd so uosmd luv Ol =I isReft zMR0I lllggvll tmml jo saprgod aasoj to utt uRtu Mm rapteosd wIf-wS -J 3oA va,slelpgns ivapyod lug so'd;tmoD jo Aunoa agt'sm13o ais35 mp W Sulam puv mtp mq ou am atatp;tnp purr ssaul sg jo suopesado MR soj quama*im lio;wam pus komgs no Rile'► amildwo" mclitmany-Z'a0L'1 JKWOS lutagnslY S �s� ' �Pp1►ai�Q�l�f! ie �1 poew�agao��q�pO Clata'fer8mota udk mt Auftq WMCUTBD W DUPUiCAT$, EACH OF WHMHM LLHAVB TBE MM FORCB AND BFFECF OFANORIQNAL. • :"��.r'.i�.G�.4%:•~�r�. KY'i.!L+_ 'I` .mac`° r , � 1 Pg. BRAZOS COUNTY COMMSSIONERS COURT ON 3O , 20 oZa , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Duane Peters, County Judge 200 S. Texas Avenue, Ste. 332 Bryan, TX 77803 Phone: 979 361-4102 Fax: 979-361-4503 Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: August 30, 2022 BID NUMBER: CIP 22-555 TITLE: Security Key Management System REQUESTING DEPARTMENT: Detention Center APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: AL&,&uLs—i 30, acoaa- vo�. � ��e� l/� VENDING MACHINES AND SERVICES CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No.19-019A Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 361-4292 GENERAL REQUIREMENT FOR CONTRACT I, Melinda Grandell as a duly authorized representative of Accent Food Services "Contractor" willingly attest to perform (or deliver) as per Exhibit A (Accent's RFP response) and Exhibit B (Original RFP) for Brazos- County. I further agree to all of the provisions and specifications contained in this contract. TERM: The term of this contract will be for two (2) years, starting October 22, 2019, 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 responses 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 https://ethics.state.tx.us/whatsnew/elf_info form1295.1itm for more Contract No.19-019A 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. VOL Pg. Contract No. 19-019A BRAZOS COUNTY, TEXAS 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 Ivol. ��� Pg. —�=- Contract No.19-019A BRAZOS COUNTY, TEXAS Page d of Pages this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the contractor; the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 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 § 15.0I, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. i Vol.l-%� Pg. �[[�_ Contract No.19-019A BRAZOS COUNTY, TEXAS Page 5 of Pages TERMINATION Brazos County reserves the right to tenninate 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 0000,000. 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 are acceptable without prior avgroval by the Commissioners Court/Risk Management. _ ji (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 shalt contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days vrior 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'l. 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. Contract No. 19-019A BRAZOS COUNTY, TEXAS 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: 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 and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Vol. Pg. Contract No.19.019A BRAZOS COUNTY, TEXAS Page 7 of Pages 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. 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 Iaw 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. 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. V01. --FIL P9. IN- Contract No.19-019A BRAZOS COUNTY, TEXAS Page 8 of 9 Pages HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing -- Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals 'are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov, The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. .Pursuant to Section 2270.001, Texas Government Code: t. "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: .�5. 1 �. Coles Sm-P---4 t GCE S Authorized Company Representative: �� A` A-rA Address: A 1 2-7 -JS, - W - e1: "? t� E' 1� U✓rJ . V 41C-1--4 t L-L- C" TK Date: 1 O. 1 0 - 11 Contract #: Vol. Pg. BRAZOS COUNTY, TEXAS Contract No.19-019A 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: UK Title: 4ti, S PPICA-;Pit: C' 14-ir A'C_" VN Tb Typed Name: M E L-- t r4C 4.a--L-- Company Name: f0c;P 5E_P-i [G t Phone No. b O b Email Address: J J Mailing Address: •Z�13 -a' W. ��'lt�ji?-e. ��"'`D. �LV, P. O. Box or Street City State Employer Identification Number: Z 4 Al 1 '7 4o i I I l✓t~E j Tx Zip -78660 A prove Co mission ' Court on this L?— day of 019 by Holding the position ofuufyaj � Vending Machines and Services August 23, 2019 RFP No.19-019 ACCNi FOOD SERVICES Accent Food Services Mission Our peonle and customers will always be the most valuable assets to our Company. E P g Table of Contents Completed and Signed RFP References Services and Procedures Summary of Work Quality of Machines, Service and Maintenance Selection of Goods and Pricing, Snacks Selection of Goods and Pricing, Beverages H B89 Forms Certificate of Insurance Contact Form Signature of Certification Statement. of Affirmation voi. -�Z�7,2) pg. - 102A X%-r—J EST FOR PROPOSAL RFP NO.19-019 VENDING MACHINES AND SERVICES SEALED PROPOSALS TO BE SUIRN ITTED BEFORE: Tuesday, August 27, 2019. 2:00pm CST TO THE: BRAZOS COUNTX PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293- Vendors, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this proposal from the issuing date of the proposal until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award for the RFP. Any such contact will be grounds for rejection of the vendor's proposal. 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 RFP for furnishing the material and/or services listed on the attached proposal form and agrees to deliver said items at the locations and for the prices set forth on the proposal form. Company Nai By (Print): Physical Address: ten" 11rS t�•�rV . �Qr1 �'i1eS ���d. C `C� (jaeYIVtI Mailing Address: G- t ,! T(• • �l�t �;'1 p S 17 l _V t 'C l AN Phone: JEmail: \1PfbY1(C0QnfflA C�C>tCC ti'T� f?i'Yl Tom. 1 1Page V. Refe, rences Respondent shall provide a minimum of five (5) references that your firm has serviced for within the last three years, preferably for local government entities. Brazos County reserves the right to check references prior to award. Any negative responses may be grounds for disqualification of the proposal. Brazos County checks references by email. If an email is not accurate and we are unable to check that reference, it may affect the score of the response during evaluation of this solicitation. Reference One Client Name: Point of Contact Name: s) bY\ n '(�W7 Telephone Number: tI ' Zq S • 1� I � I -- Email address of Point of Contact; Total annual gross of project: M 0� o Key staff assigned to the referenced project that could potentially perform under this solicitation: Client Name: 1} 1k'i 1 l J ,-) t ��1'I:UjE�I `VY ti 1 Point of Contact Name: Telephone Number: 50 � -1 �0. 0 A (4 Email address of Point of Con Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: Pale Client Name: UJ OR, &Y-A V YINe(Sal Ame(Oy) Point of Contact Name: Telephone Number- Email address of Point of Contact: ged(o,apti- ie-z a. wLItw , mm Total annual gross of project: %65,000 Key staff assigned to the referenced project that could potentially perform under this solicitation: Client Name: Point of Contact Namen [A Ada (, uq%ffi Telephone Number. 1 1 0 • S sb "zg2-o Email address of Point of Contact: e f/l AIA • W` VU(Q @- U % -W eCO M Total annual gross of project: � 3 Z d Oo o Key staff assigned to the referenced project that could potentially perform under this solicitation: u VI a1435"6C:Jo(o Vol. �� fig, A6 Client Name: e-a Point of Contact Name: Q cc -a �� 1 Telephone Number: R12 ��633- 4 �`b'I Email address of Point of Contact: fgbec'ca' c6 r e Y l a(Ma ckf �" Crjw Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: Rd'('Ma Qv,4 l M - 14 3L--J5-J - 950(D W. DEFICIENCIES AND DEVIATIONS FORM 1. Following is a listing of ALL deficiencies and deviations from the requirements and/or provisions as outlined in the proposal. Unless specifically listed here, your response will be considered to be in FULL compliance with the proposal. Respondent assumes the responsibility of identifying all deficiencies and deviations and if not identified, all requirements of the proposal stipulated must be fulfilled at no additional expense to Brazos County. M 3�Page Services and Procedures For 30+ years Accent Food Services has been the industry leader with a deep commitment to our customers, our employees, our community and the environment. Born in Austin, TX, our services now span across the United States. Accent is a LLC incorporated in Delaware. We are the largest independently owned and decentralized refreshments services provider which allows us to respond efficiently and quickly to the needs of our customers. Our growth is the result of offering the highest quality products and services, leveraging the latest in technology, and remaining focused on creating customized programs that engage employees and consumers. Accent currently operates from (12) twelve warehouse facilities in TX and (5) facilities outside of TX. Our Bryan College Station branch will service Brazos County. Custom Vending Services F% L 0 ... � 0 n � � Itrl�• �� L' "; , Rq, e J Services and Procedures Cont. Changes and Modification Approval Accent Food Services acknowledges that modifications to building structure, electrical systems, plumbing, and any other part of the physical building must be authorized, reviewed, and approved by Brazos County. Damages Accent Food Services shall be responsible for all damages to people and/or property arising out their performance of this work. Any such damage must be reported immediately. Out of Date Products Accent Food Services shall ensure no out of date products remain in the machines. Expiration dates will be on each of the product offered for sale and will show the day, month, and year of expiration. Accent will work to minimize Out of Date products through technology and menu updates provided by Accent's Category Growth team. Accent is responsible for the disposal of expired products. Packaging All food and beverage product will be delivered and placed in machines in their original wrappers. Payment Systems Accent's vending machines and micro -markets shall have the ability to accept payment by various means: • Cash • Credit/ Debit Card • Google Wallet • Apple Pay Pricing Initial pricing charged by Accent shall be fixed during the initial twelve (12) months of this Agreement. Thereafter, product pricing will be adjusted on an annual basis based on the Consumer Price Index (CPI). Customer Service Accent Food Services maintains a 24/7 web based Customer Service website at http:Haccentfoods.com/support/. We maintain a 24/7 customer service hotline at 866.305.1260. Services and Procedures Cont. We know your day is filled with challenges but we don't think managing your vending service should be one of them. That's why we have created our vending program to reflect your priorities and how you manage your business. Accent Food Services leverages wireless technology to dramatically enhance the value and services you expect from vending. From improved service, reporting and energy efficiency to payment flexibility and consumer value. Accent is unlike any vending company you have ever seen. With Accent, you can expect more from your machines e . . • 50% carbon footprint reduction Automated dispatch and pre -kitting allows us to deliver a dramatically lower environmental impact from our operations • Up to $150/yr in utility savings per store Energy use can be reduced by up to 40% on selected equipment Convenience 1 • Online service reporting We take the guesswork out of tracking machine and service performance levels • County wide service network Don't settle for less, get great service at all of your locations Service • What you want, when you want it... Automated dispatch ensures we'll be there with the right product every time. • Put away your "Out of Order" sign Real-time alerts proactively update our service department of any equipment issues o� • Your satisfaction is our first priorityy We guarantee that you'll be satisfied with your purchase or we'll make it right • Expect more from your store We are creating new ways to bring new products, promotional programs and everyday value to every store Vol. pg. �0 Summary of Work Vendor Transition Plan Timeline Accent will work closely with the incumbent vendor to coordinate movements while minimizing any downtime. The total summary of work can be completed in no more than (30) thirty days from initiation. Equipment Survey Coordinate with incumbent Begin Install i Complete. Install '. Program Review with I' i Brazos County Commissions Accent will pay a monthly commission of 5% of vending machines gross vending sales. Payment will be made on or before the 15th day of the succeeding month. Company Experience Accent Food Services has not been involved in any litigation, sued or been sued, for any reason relating to the course and scope of work requested by this RFP. Vol P9. /� Quality of Machines, Service and Maintenance Quality of Machines Accent Food Services will provide new vending machines or refurbished machines to like new condition. Make and Model of Machines The current make and model on snack machines placed in Brazos County is DEX, Model # VEI641-0220. The make and model on beverage machines to be placed in Brazos County is Royal 660, Model # KO_G3 EMS 67325-2. The make and model of vending machines could vary based upon individual location surveys. Equipment Maintenance Accent Food Services currently uses Cantaloupe Seed proTM to ensure proper tracking of sales data. Wireless technology systems are to ensure on time deliveries and real time data transfer. Malfunctions will be reported instantly. Accent's machines will be installed, maintained, and repaired at no cost. All calls are immediately dispatched directly to our technicians by smart phone technology to handle these issues in a prompt and timely manner. These calls are also entered in a data base, by customer, by asset, to monitor any potential equipment issues. All calls are reviewed by management, on a weekly basis, to ensure we have the best equipment on site for all of our customers. Response Time Machines will be the property of the Accent who shall be responsible to provide schedule prevent maintenance, service, repair, and movement of the machines. Accent shall have a response time of twenty-four (24) hours from time of notice of equipment malfunction. A machine with three or more service calls within a month will be replaced. Refunds Accent shall provide prompt processing of refunds (reasonable within five (5) days.). Each machine shall have contact information for refund on damaged or spoiled goods or when customers do not receive product for their money due to a malfunction of the machine. We have a "no questions asked" policy in regards to refunds. We monitor these refunds to ensure we are not having any potential problems with our equipment. We will work with you to provide the optimal refund solution for your employees and the public. Equipment Uptime Accent's equipment has an expected 99% uptime. Reporting Information Provided Upon,Request Accent Food Services will provide monthly report(s), in Excel format, by entity and by machine of stocked items purchased to include: product number, product description, unit of measure, quantity, and price paid. Regarding equipment: number of service calls per month. Uniforms Accent's personnel will always be dressed in a easily distinguishable uniform which designates their employer. Vol, %dam pg. Quality of Machines, Service and Maintenance Products Stocked with a wide range of food/snack and beverage options. Machines types Accent shall provide machines capable of delivering snacks and cold drinks. Equipment Appearance Equipment will be aesthetically acceptable, innovative with cutting -edge technologies (unit sales counting capabilities), energy -efficient with energy sensors and accept all types of monetary acceptance of bills, coins, debit and all major credit cards (chip reader able). Inventory Management Machines will be equipped with the technology known as Cantaloupe Seed pro to manage inventory availability and minimize empty coils. Machine sizes and security Machines will be installed as not to hinder the flow of foot traffic or interfere with emergency exits or access areas. Vending machines shall be securely fastened to the wall or floor in such a way as to prevent machines from being rocked, bounced or tipped. Uptime Machines shall be maintained and in proper working order. Cleaning Accent will maintain the cleanliness of all machines by cleaning the inside and outside during each service visit. E l. Y Pg. A -IL Quality of Machines, Service and Maintenance Cont. Our Real Time Scheduling Customer Success Management Model -AU our machines are connected to' the cellular network and transmit key sales and alerts in real time so vie always know what's going on at all our machines Machine Triggers Dynamic Scheduling -Using advanced analytics, our systenis automatically determine which machines need service ever day sea on sellouts fore.they happen systems then rmine the op teal product mix for each of the machines scheduled for service to ensure eve deliver the products your customers want Merchandising Pre -kilted Delivery -Our automated warehouse systems then pick the order for your machines and are packed individual bins, . which are then delivered to your chines ensuring least disruptive rvice available met se Selection of Goods and Pricing, Snacks Item Price 3 Musketeers, 1.92 oz. $1.50 Cheetos Crunch Jalapeno Cheddar, Large Single Serve $1.50 Cheetos Crunchy, Large Single Serve $1.50 Cheetos Flamin Hot, Large Single Serve $1.50 Cheezit Big Bag, 2 oz. $1.50 Corn Nuts Chili Picante, 1.4 oz $1.50 Doritos Cool Ranch, Large Single Serve $1.50 Do*ritos Nacho Cheese, Large Single Serve $1.50 Extra Peppermint Gum, 6 Stick $0.85 Extra Spearmint, 6 Stick $0.85 Famous Amos Chocolate Chip Cookies, 3 oz. $1.50 Fritos Chili Cheese, Large Single Serve $1.50 Gardettos Original 1.75 oz. $1.50 Grandmas Mini Vanilla Cookie, 3.7 oz. $1.50 Jack Links Teriyaki Bites, 1 oz. $2.25 Kars Peanuts, 1.5 oz. $1.10 Kars Sweet N Salty Mix, 2 oz. $1.50 Kit Kat Big Kat, 1.5 oz. $1.50 Lance Toasty Cheese Peanut Butter Crackers, 1.52 oz. $1.10 Lance Toasty Peanut Butter Crackers 1.29 oz. $1.10 Lays Kettle Jalapeno, Large Single Serve $1.50 Lays Regular Chips, Large Single Serve $1.50 Lifesaver Peppermint, 14 ct. $1.00 Lifesaver Wintergreen, 14 ct. $1.00 Vol.-ye�Lt-- P9.1� Selection of Goods and Pricing, Snacks, Cont. Item Price M&M's Milk Chocolate, 1.69 oz. $1.50 M&M's Peanut Butter, 1.74 oz. $1.50 M&M's Peanut, 1.74 oz. $1.50 Minute Maid Orange Juice, 15.2 oz. $2.35 Mrs. Freshley's Cinnamon Danish, 4 oz. $1.75 Mrs. Freshley's Donut Sticks, 3 pack $1.75 Mrs. Freshley's Value Honey Bun, 3.5 oz. $1.75 Munchies Flamin Hot, Large Single Serve $1.50 Nature Valley Oats and Honey Granola, .74 oz. $1.25 Nutter Butter, 1.9 oz. $1.50 Oreo Cookie Sleeve, 6 ct. $1.50 Payday Bar, 1.85 oz. $1.50 Pop Tart Frosted Strawberry, 3.67 oz. $1.75 Reeses Peanut Butter Cups, 3 pack $2.00 Rice Krispies Treat, 1.3 oz $1.60 Ruffles Cheddar and Sour Cream, Large Single Serve $1.50 Skittles, 2.17 oz. $1.50 Snickers,1.86 oz. $1.50 Snyders Pretzel Mini Fat Free, Large Single Serve $1.50 Southern Recipe Hot Pork Skins, Large Single Serve $1.50 Trails Best Salami Double, 1 oz. $1.50 Twix, 1.79 oz. $1.50 Wrigleys Doublemint, 15 sticks $1.75 Vol. --= 7� Pg. � Selection of Goods and Pricing, Beverages Item Aquafina Water, 20 oz. Coke Classic 20 oz. Coke Zero 20 oz. Crush Grape 20 oz. Crush Orange 20 oz. Dasani Water 20 oz. Diet Coke 20 oz. Diet Dr Pepper 20 oz. Diet Pepsi 20 oz. Dr Pepper 20 oz. Monster Low Carb Energy,16 oz. Mountain Dew 20 oz. Mug Root Beer 20 oz. Pepsi 20 oz. Pepsi Wild Cherry 20 oz. Pepsi Zero Sugar 20 oz. Sprite 20 oz. Price $1.50 $1.75 $1.75 $1.75 $1.75 $1.50 $1.75 $1.75 $1.75 $1.75 $3.25 $1.75 $1.75 $1.75 $1.75 $1.75 $1.75 Vd.� E122 - Pg. /U. BB. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order .on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. `Boycott Israel" .means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: NO �666 l� V INS Authorized Company Representative: � Address:TXt U�i11fllJ Signature: Date: 015111, EVol. 7pg1 �'- 71Page A�� ®® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 08/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stefanie Marquez NAME: SWBC Insurance -Austin PHONE (210) 525-1242 FAX (210) 525-OOS4 H No EtI: AIC No E-MAIL AccentC01@swbc.com ADDRESS: 2028 E. Ben White Blvd INSURER(S) AFFORDING COVERAGE NAIC 9 Ste 510 INSURERA: Hartford Fire ins. Co. 19682 Austin TX 78741 INSURED INSURER B : Hartford Casualty Ins. Co. 29424 Accent Food Services, LLC INSURERC. Texas Mutual Ins Co.(Tx W/C) 22945 2913 A.W. Grimes Blvd INSURER D : Argonaut Midwest Insurance Company 19801 INSURER E : INSURERF: Pflugerville TX 78660 COVERAGES CERTIFICATE NUMBER: 2019-2020 LIAR MASTER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDLISUER INSO WVD POLICY NUMBER POLICY EFF MWDDNYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE FX OCCUR DAMAGE TEU_ PREMISES (Ea anaurrence S 300,000 X MED EXP (Any one person) S 10,000 Contractual Liability PERSONAL &ADV INJURY S 1,000,000 A 65UNNIBI648 01/01/2019 01/01/2020 GEN'LAGGREGATE LIMITAPPLIES PER: POLICY � PEt° 7 LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS -COMPIOPAGG 5 2,000,000 Employee Benefits S 1,000,000/2MAgg OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S 1.000,000 BODILY INJURY (Per person) S X ANYAUTO A X OWNED X SCHEDULED AUTOS ONLY AUTOS 65UENIC8421 01/01/2019 01/01/2020 BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident S X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY S X UMBRELLA LIAR X OCCUR EACH OCCURRENCE S 10,000.000 AGGREGATE 5 10.000,000 B EXCESS LIAB CLAIMS -MADE 65XHUIB0223 01/0112019 01/01/2020 DED I X1 RETENTION $ 10.000 S C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERJEXECUIIVE OFFICERIMEMBER EXCLUDED? ❑N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 0001298905 01/01/2019 01/01/2020 X STATUTE ER E.L. EACH ACCIDENT S 1,000,000 E.L.DISEASE- EAEMPLOYEE S 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 D Workers Compensation Employers Liab WC928468436904 01/01/2019 01/01/2020 E L Each Accident EL Disease -Ea Employee 1,000,000 1,000,000 EL Disease -Policy Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) General Liability and Auto Liability include a blanket automatic Additional Insured endorsement which provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder which requires such status. General Liability and Auto Liability and Workers Compensation include a blanket automatic Waiver of Subrogation endorsement only when there is a written contract between the named insured and the certificate holder which requires it. General Liability and Auto Liability contain a special endorsement with Primary and Non -Contributory wording. Blanket 30 Days Notice of Cancellation for Certificate Holders on file, except for nonpayment, 10 Days -Umbrella follows form over the General Liability, Auto Liability and Employers Liability SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bryan ACCORDANCE WITH THE POLICY PROVISIONS. 200 South Texas Ave. Vol. Ste 352 AUTHORIZED REPRESENTATIVE Bryan TX 77803 � ��' @ 1988-2015 ACORD CORPORATION. All r1clh sir rued- ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds kce Vending, Inc. Doing Business As W BT Services, LLC Limited Liability Company, Additional Named Insured AF Services Intermediate Holdings I, LLC Limited Liability Company, Additional Named Insured AF Services Intermediate Holdings II, LLC Limited Liability Company, Additional Named Insured Black Tie Services Doing Business As Merrifield Vending Doing Business As Accent Franchisee, LLC Limited Liability Company, Additional Named Insured Vol. pg. . OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (1) The "bodily injury" or "property damage" is Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what is and is not covered. place in the "coverage territory'; Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period; and Declarations, and any other person or organization (3) Prior to the policy period, no insured listed qualifying as a Named Insured under this policy. The under Paragraph 1. of Section II — Who Is words "we", "us" and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by you to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property damage" had organization qualifying as such under Section 11 — occurred, in whole or in part. If such a Who Is An Insured. listed insured or authorized "employee" Other words and phrases appear in quotation knew, prior to the policy period, that the ,that marks have special meaning. Refer to Section V — "bodily injury" or "property damage" Definitions. occurred, then any continuation, change or resumption of such "bodily injury' or SECTION I —COVERAGES "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY • policy period will be deemed to have been DAMAGE LIABILITY known prior to the policy period. 1. Insuring Agreement c. "Bodily injury" or "property damage" will be a. We will pay those sums that the insured deemed to have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1. of Section 11 damage" to which this insurance applies. We — Who Is An Insured or. any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit" seeking those an "occurrence" or claim: damages. However, we will have no duty to (1) Reports all, or any part, of the "bodily defend the insured against any "suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate claim for damages because of the "bodily any "occurrence" and settle any claim or "suit" injury" or "property damage'; or that may result. But: (3j Becomes aware bany other means that (1) The amount we will pay for damages is bodily injury' or property damage has "property limited as described in Section III —Limits occurred or has begun to occur. Of Insurance; and d. Damages because of "bodily injury" include (2) Our right and duty to defend ends when damages claimed by any person or we have used up the applicable limit of organization for care, loss of services or insurance in the payment of judgments or death resulting at any time from the bodily settlements under Coverages A or B or injury". medical expenses under Coverage C. e. Incidental Medical Malpractice And Goad No other obligation or liability to pay sums or Samaritan Coverage perform acts or services is covered unless explicitly provided for under Supplementary "Bodily injury" arising out of the rendering of Payments — Coverages A and B. or failure to render the following health care b. This insurance applies to "bodily injury" and services by any "employee" or "volunteer "property damage" only if worker" shall be deemed to be caused by an "occurrence" for. 1-- J HG 00 01 0916 Pag 1 of 21 © 2016 The Hartfor (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". However, this incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provision. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected, or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: Page 2 of 21 (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract'; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law: e. Employer's Liability "Bodily injury" to: _(1) An "employee" of the insured arising out of and in the course of: 27 t HIS 00 01 0916 (a) Employment by the insured; or (b) Performing duties related to the conduct of the Insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (1) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury' or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for v=.1. the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment' or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (111) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working K3 HG 00 0109 16 L-.-- Page 3 of 21 directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, . removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any 'insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved ' the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next Page 4 of 21 to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the .other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment' by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. I. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out -of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: HG 00 01 0916 (1) Property .you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. I. Damage To Your Work This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "Your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work'; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. "Property damage" to "your work" arising out This exclusion applies even if damages are of it or any part of it and included in the claimed for notification costs, credil "products -completed operations hazard" * a and". monitoring xpenses, forensic expenses, HG 00 01 09 16 Page 5 of 21 public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment — related practices'; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment -related practices" are directed. This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) 'Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind, to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or Page 6 of 21 assess the effects of an "asbestos hazard'; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding. to or assessing the effects of an "asbestos hazard". s. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which is i surance does not apply. We may, at our Vol. �� Pg. J4,6— HG 00 01 0916 discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation -Of Rights Of Another . "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. I. Infringement Of Intellectual Property Rights (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) Infringement, in your "advertisement", of: (a) Copyright; (b) Slogan; or "Personal and advertising injury" arising out of (c) Title of any literary or artistic work; or oral, written or electronic publication, in any (2) Copying, in your "advertisement", a manner, of material whose first publication person's or organization's "advertising took place before the beginning of the policy idea" or style of "advertisement". period. d. Criminal Acts j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" arising out of "Personal and advertising injury" committed a criminal act committed by or at the direction by an insured whose business is: of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to HG 00 01 09 16 (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. - However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of "personal and advertising injury" under the Definitions. Section. Vol. fig._ 4-r% . Page 7 of 21 For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. 1. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of " the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others -test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of. (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents* "Personal and advertising injury" arising out of. (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site; (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or ' (4) Any federal, state or local statute, or ordinance or regulation, other than the (3) Insurrection, rebellion, revolution, usurped TCPA or CAN-SPAM Act of 2003 or FCRA power, or action taken by governmental and their amendments and additions, that authority in hindering or defending against addresses, prohibits or limits the printing, any of these. dissemination, disposal, collecting, p. Internet Advertisements And Content Of recording, sending, . transmitting, Others - - - -- communicating or distribution of material o'r information. Page 8 of 21 1 HG 00 01 0916 h u. Employment -Related Practices information or any other type of nonpublic "Personal and advertising injuryto: information. (1) A person arising out of any "employment— This exclusion applies even if damages are related practices", or claimed for notification costs, credit monitoring expenses, forensic expenses, (2) The spouse, child, parent, brother or sister public relations .expenses or any other loss, of that person as a consequence of cost or expense incurred by you or others "personal and advertising injury" to that arising out of any access to or disclosure of person at whom any "employment -related any person's or organization's confidential or practices" are directed. personal information. This exclusion applies: COVERAGE C MEDICAL PAYMENTS (1) Whether the injury -causing event 1. Insuring Agreement described in the definition of "employment- a. We will pay medical expenses as described related practices" occurs before below for "bodily injury" caused by an employment, during employment or after accident: employment of that person; (1) On premises you own or rent; (2) Whether the insured may be liable as an (2) On ways next to premises you own or employer or in any other capacity; and rent; or (3) To any obligation to share damages with (3) Because of your operations; or repay someone else who must pay damages because of the injury. provided that: v. Asbestos (1) The accident takes place in the "coverage (1) "Personal and advertising injury" arising territory" and during the policy period; . out of the "asbestos hazard". (2) The expenses are incurred and reported (2) Any damages, judgments, settlements, to us within three years of the date of the loss, costs or expenses that: accident; and (a) May be awarded or incurred by reason (3) The injured person submits to of any claim or suit alleging actual or examination, at our expense, by threatened injury or damage of any physicians of our choice as often as we nature or kind to persons or property reasonably require. which would not have occurred in b. We will make these payments regardless of whole or in part but for the "asbestos fault. These payments will not exceed the hazard"; applicable limit of insurance. We will pay (b) Arise out of any request, demand, reasonable expenses for: order or statutory or regulatory (1) First aid administered at the time of an requirement that any insured or others accident; test for, monitor, clean up, remove, (2) Necessary medical, surgical, X-ray and encapsulate, contain, treat, detoxify or dental services, including prosthetic neutralize or in any way respond to or devices; and assess the effects of an "asbestos (3) Necessary ambulance, hospital, hazard"; or professional nursing and funeral services. (c) Arise out of any claim or suit for 2. Exclusions damages because of testing for, monitoring, cleaning up, removing, We will not pay expenses for "bodily injury": encapsulating, containing, treating, a. Any Insured detoxifying or neutralizing or in any To any insured, except "volunteer workers". way responding to or assessing the effects of an asbestos hazard". b. Hired Person w. Access Or Disclosure Of Confidential Or To a person hired to do work for or on behalf Personal Information of any insured'or a tenant of any insured. "Personal and advertising injury" arising out of c. Injury On Normally Occupied Premises any access to or disclosure of any person's or To a person injured on that part of premises organization's confidential or personal you own or rent that the person normally information, including patents, trade secrets, occupies. processing methods, customer lists, financial information, credit card i nrmation,_-Aea1th,,:,.____ _ d. Workers Compensation And Similar Laws Vol. a Pg. erson, whether or not an "employee" of HG 00 01 0916 Page 9 of 21 any insured, if benefits for the "bodily injury' are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". , g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS.— COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit'; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit'; and (b) Conduct and control the defense of the indemnitee in such "suit". insurance, we will not pay any prejudgment So long as the above conditions are met, interest based on that period of time after the attorneys' fees incurred by us in the defense of offer, that indemnitee, g. All interest on the full amount of any judgment necessary litigation expenses incurred by us and that accrues after entry of the judgment and necessary litigation expenses incurred by the before we have paid, offered to pay, or indemnitee at our request will be paid as deposited in court the part of the judgment Supplementary Payments. Notwithstanding the that is within the applicable limit of insurance. provisions of Paragraph 2.b.(2) of Section I — These payments will not reduce the limits of Coverage A — Bodily Injury And Property insurance. Damage Liability, such payments will not be deemed to be damages for "bodily injury" and 2. If we defend an insured against a "suit" and an "property damage" and will not reduce the limits indemnitee of the insured is alsnamed as a of insurance.' NO(. _ r v' —� I Page 10 of 21 HG 00 01 0916 Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II —WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). r— b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization whi e acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having prop r temporary custody of your property if you di a, but only: (1) With respect to liability arising out of tt e maintenance or use of that property; and (2) Until your legal representative has be n appointed. d. Legal Representative If You Die Your legal representative if you die, but only HG 00 01 0916 1 Vol. �"/� P9 I Page 11 of 21 with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 60% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available .to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no -person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in,the charge of or occupied by you or the employer of any person who is an insured under this provision. E. Vol. Page 12 of 21 5. Additional Insureds When Required' By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred.to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily, injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract -or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the --_ vendor has agreed to make or normally PZ� g. HG 00 01 0916 undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product, (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of -its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (I) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors•Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, mainte a f th This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: n nce or use o at part of the land or (1) "Bodily injury', "property damage" or premises leased to you. "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or-rnu-meifsality; ar- exclusions apply: Vol. _22_�_ Pg. HG 00 01 0916LL= Page 13 of 21 (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (1j In 'the performance bf your ongoing. operations; • (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included !within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: ,(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others Page 14 of 21 by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard'; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products --Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject 'to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and -- — - Vol. �J HG 00 01 0916 b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning' or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim if a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the .specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "slit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. SECTION IV — COMMERCIAL GENERAL e. Additional Insureds Other Insurance. LIABILITY CONDITIONS If we cover a claim or "suit" under this 1. Bankruptcy Coverage Part that may also be covered by Bankruptcy or insolvency of the insured or of the other insurance available to an additionalinsured, such additional insured must submit insured's estate will not relieve us of our such claim or "suit" to the other insurer for obligations under this Coverage Part. defense and indemnity. 2. Duties In The Event Of Occurrence, Offense, However, this provision does not apply to the Claim Or Suit _ extent that you. have agreed in a written F /11, �J�' HG 00 01 0916 Vol. �7� Pg. Page 15 of 21 contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. 'Knowledge Of An, Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when* such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance primary except when b. (a) Primary Insurance When Required other insurance is also By Contract share with all that other This insurance is primary if you have method described in c. agreed in a written contract or written b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, -installation Risk or similar coverage for "your work'; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance This insurance is below applies. If primary, we will insurance by the below. agreement that this insurance be Vol. _ �j ��� primary. if other insurance is also --�- -- 9. Any other insurance available to you covering liability for damages .arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. Page 16 of 21 1 HG 00 01 0916 primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. -Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations; b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to Vol22_7_2�L pg/ HG 00 01 0916 Page 17 of 21 impair them. At our request, the insured will other motor vehicle insurance law where it is bring "suit" or transfer those rights to us and licensed or principally garaged. help us enforce them. However, "auto" does not include "mobile b. Waiver Of Rights Of Recovery (Waiver Of equipment'. Subrogation) 5. "Bodily injury" means physical: If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement'. 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or Page 18of21 a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit' on the merits according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. - 10."Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. LO G 00 01 0916 11."Impaired property" means tangible property, (a) Preparing, approving, or failing to other than "your product" or "your work", that prepare. or approve, maps, shop cannot be used or is less useful because: drawings, opinions, reports, surveys, a. It incorporates "your product" or "your work" field orders, change orders or drawings that is known or thought to be defective, and specifications; or deficient, inadequate or dangerous; br (b) Giving directions or instructions, or b. You have failed to fulfill the terms of a failing to give them, if that is the contract or agreement; primary cause of the injury or damage; if such property can be restored to use by the or repair, replacement, adjustment or removal of (2) Under which the insured, if an architect, "your product" or "your work", or your fulfilling the engineer or surveyor, assumes liability for terms of the contract or agreement. an injury or damage arising out of the insured's rendering, or failure to render 12."Insured contract" means: professional services, including those listed a. A contract for a lease of premises. However, in (1) above and supervisory, inspection, that portion of the contract for a, lease of architectural or engineering activities. premises that indemnifies any person or 13."Leased worker" means a person leased to you organization for damage by fire, lightning or by a labor leasing firm under an agreement explosion to premises while rented to you or between you and the labor leasing firm, to temporarily occupied by you with permission perform duties related to the conduct of your of the owner is subject to the Damage to business. "Leased worker" does not include a Premises Rented To You Limit described in "temporary worker". Section III — Limits of Insurance; 14."Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, a. After it is moved from the place where it is including an easement or license agreement accepted for movement into or onto an in connection with construction or demolition aircraft, watercraft or "auto"; operations on or within 50 feet of a railroad; b. While it is in or on an aircraft, watercraft or d. An obligation, as required by ordinance, to "auto"; or indemnify a municipality, except in connection with work for a municipality; C. While it is being moved from an aircraft, watercraft or "auto" to the place where it is e. An elevator maintenance agreement; finally delivered; f. That part of any other contract or agreement but "loading or unloading" does not include the pertaining to your business (including an movement of property by means of a mechanical indemnification of a municipality in connection device, other than a hand truck, that is not with work performed for a municipality) under attached to the aircraft, watercraft or "auto". which you assume the tort liability of another party to pay for "bodily injury" or "property 15."Mobile equipment" means any of the following damage" to a third person or organization, types of land vehicles, including any attached provided the "bodily injury" or "property machinery or equipment: damage" is caused, in whole or in part, by a. Bulldozers, farm machinery, forklifts and other you or by those acting on your behalf. Tort vehicles designed for use principally off public liability means a liability that would be roads; imposed by law in the absence of any b. Vehicles maintained for use solely on or next contract or agreement. to premises you own or rent; Paragraph f. includes that part of any contract c. Vehicles that travel on crawler treads; or agreement that indemnifies a railroad for "bodily "property d. Vehicles, whether self-propelled or not, injury" or damage" arising out of construction or demolition operations, maintained primarily to provide mobility to within 50 feet of any railroad property and permanently mounted: affecting any railroad bridge or trestle, tracks, (1) Power cranes, shovels, loaders, diggers or road -beds, tunnel, underpass or crossing. drills; or However, Paragraph f. does not include that (2) Road construction or resurfacing part of any contract or agreement: equipment such as graders, scrapers or (1) That indemnifies an architect, engineer or r rollers; surveyor for injury or dam nut e._ Vehicles not described in a., b., c. or d. above of Vol. that are of self-propelled and are maintained Pg. HG 00 01 0916 Page 19 of 21 primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement'; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 18."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Prod u cts-comp leted operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of. (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstailed equipment or abandoned or unused d. Oral, written or electronic publication, in any materials; or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products - services; "— I Page 20 of 21 HG 00 01 0916 completed operations are subject to the General Aggregate Limit. 20."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Suit" means a civil proceeding in which damages because of "bodily injury', "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent, or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who a. Is not your "employee'; b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. HG 00 01 0916 24."Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. EV0 1. - 3 1 E/7 1=)- - - r-g. age 21 of 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.. NOTICE -OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) r days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of..notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form IH 03 07 0611 © 2011, The Hartford E l. Page 1 of 1 COMMERCIAL AUTOMOBILE HA 9916 0312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include:. C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A. 1. - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if. include any subsidiary that is an "insured" under any other automobile (1) The agreement requires you to policy or would be an -"insured" under provide direct primary insurance for such a policy but -for its termination or the lessor and the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint . venture, Such a leased "auto" will be considered a covered "auto" you own and not a covered -"auto" you hire. D. Additional Ins'ured:if Reguilied by Contract= (1) Paragraph A.I. - WHO IS AN INSURED - of Section 11 - Liability Coverage is amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization - is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the B. Employees as Insureds ownership, maintenance or use of a covered auto. Paragraph A.I. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is Vol. �—/� Fg amended to add: .�—L.-- © 2011, The Hartford (includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3). Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance' available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — E. Primary, and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in 1.D. - Additional Insured if Required by Contract, the following provisions apply: (3) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (4) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for, the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in Other Insurance 5.d. 2. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following. BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. Vot. PgA O 2011, The Hartford (Includes copyrighted mated Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000;. (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs BA - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto'; (2) Removable from a housing unit which. is permanently installed in or upon the covered "auto'; . (3) An integral part of the same unit housing any electronic equipment described in Par gmp4 s vol.gig. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the '. normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident' to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown: in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION IIi - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage "Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION 1V - BUSINESS AUTO CONDITIONS that you must notify us of . an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance mahager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSiNESS AUTO CONDITIONS is amended by adding the followin _--� --- // rvo ��%d-- P'g-//,(0— � © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.lf the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, 'we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. © 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 5 of 5 Tepvxasmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver " Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated (rhe following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 1/1119 at 12:01 am. standard time, forms a part of. Policy no. 0001298905 of Texas Mutual Insurance Company effective on 1/1/19 Issued to: ACCENT FOOD SERVICES LLC DBA: ACE VENDING This is not a bill NCCI Carrier Code: 29939 Vol. pg• PO Bo - 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 Authorized representative 1 =811 8 WC420304 B b. To sue us on this policy unless all of its terms and those of the "underlying insurance" have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but, we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. F. Appeals In the event the "insured" or the "insured's" underlying insurer elects not to appeal a judgment in excess of the "underlying insurance" or the "self -insured retention," we may elect to make such appeal, -at our cost and expense. If we so elect, we shall be liable in addition to the applicable limit of Insurance, for the: 1. Taxable costs; 2. Disbursements; and 3. Additional interest incidental to such appeal; But in no event will we be liable for "damages" in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of "underlying Insurance" ,and we offer to pay our full share of such judgment, but you or your underlying insurers elect to appeal it, you, your underlying insurers or both will bear: a. The cost and duty of obtaining any appeal bond; b. The taxable costs, disbursements and additional interest incidental to such appeal; and c. Any increase in,damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. G. Other Insurance This policy shall apply in excess of all "underlying insurance" whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance (except other insurance purchased specifically to apply in excess of this insurance) which also applies to any loss for which insurance is provided by this policy. These excess 'provisions apply, whether such other insurance is stated to be: 1. Primary; 2. Contributing; 3. Excess; or 4. Contingent. H. Transfer Of Rights Of Recovery Against Others To Us 1. Transfer Of Rights Of Recovery If the insured has rights to recover all or a part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them. a. Recoveries shall be applied to reimburse: (1) First, any interest (including the Named Insured) that paid any amount in excess of our limit of liability; (2) Second, us, along with any other Insurers having a quota share interest at the same level; (3) Third, such interests (including the Named Insured) of whom this insurance is excess. However, a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. b. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. 2. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the "insured" has waived any rights of recovery against any person or organization for all or part of any payment we have made under this policy, we also waive that right, provided the "insured" waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. I. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent, or knowledge possessed by any agent or any other person shall not effect a waiver or a change In any part of this policy, or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations Is authorized on behalf of all "insureds" to agree with us on changes In the terms of this policy. If the terms are changed, s om in an endorsemen Vol.. � j' �J pgmad a part of this policy. t the changes will be issued by us and Form XL 00 03 0916 Page 11 of 14 X. CONTACT FORM Vendor should include the name(s) of the person(s) authorized to negotiate with the County. This information should include email, phone number and position in the company. Company Name: Authorized Company Representative for Negotiations: Nlwaa G(Ad Position/Title: Contact Phone number: Contact Email: Authorized Company Representative for Negotiations:T(bu Position/Title:1bD(� Contact Phone number: ��� •�� •� As® 0 Contact Email: tm bA k(@ a (A&cK C'tl Authorized Company Representative for Negotiations: baw l I i; h I U 1 Position/Title: Contact Phone number:12.5 Contact Email: Y. Addenda The undersigned acknowledges receipt of the following addenda issued during the time of solicitation and includes the several changes therein in this proposal. No. No. No. Date Date Date Z. Certification of Proposal The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other proposer, and that the contents of this bid have not been communicated to any other proposer prior to the official opening. Signed -By; ` j( Typed Name: \f 10ffii Company Name: keens ` ��fte t, Mailing Address: V1.03 . G iffies OW ?-ht(qMf TK 1�10iQ� P.O. Box or Street City ° State , Zip Employer Identification Number: �P 106111 (Oil CORPORATE SEAL IF SUBMITTED BY A .CORPORATION END OF RFP NO. 19-019. By signing below, Brazos County agrees that this RFP 19-019 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court Date: to /22 Z le) Attest: Brazos County Clerk P -j'--7-L 25 1 P a ye AA. Proposal Evaluation Waiver By submitting a proposal or response, each proposers/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. Statement of Affirmation "The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal." Firm's Name: Address: N13 ,VWq,(Vk We Proposer's Name: C)YItCGt OA?.d7tIF�,� Position/Title: Proposer's Signature: ��'�L/--�"•j� Date: y� Subscribed and sworn to me on this 23 day of in the year 20 My Commission expires 411 o G ! - nza-- - -------- - • 41 fS SAIF1K kfAKNOJlA � " �til NOTARY PUBL10 �t• ii IDS 11367 s. '• tA• comm.a.09-0�6.2022 V(A. p • 261 a g e Supplier Information Company Name: Contact Name: Address: Phone: - (rj & . Fax: Email: Supplier (Votes By submitting your response, you certify that you are authorized to represent and bind your company. 6onl 7 Print Name Signa e Page 3 of 3 pages Deadline: 8/27/2019 02:00 PM (CT) 19-019 EXHIBIT B REQUEST FOR PROPOSAL RFP NO.19-019 VENDING MACHINES AND SERVICES SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, August 27, 2019.2:OOpm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Vendors, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this proposal from the issuing date of the proposal until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award for the RFP. Any such contact will be grounds for rejection of the vendor's proposal. 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 RFP for furnishing the material and/or services listed on the attached proposal form and agrees to deliver said items at the locations and for the prices set forth on the proposal form. Company Name: By (Print): Physical Address: Mailing Address: Phone: Email: - =Pg-12�1: oe Vca �- A. Introduction Brazos County is seeking proposals from interested vendors to supply and service Vending Machines, stock, and manage their inventory. The selected vendor(s) will provide the Brazos County with vending machines for several county buildings and services that will include the stocking and maintenance of the vending machines. Vending machines will be available to the public in most locations and for servicing by the vendor at such times as the county owned, or leased buildings are open to the public. Term of the Contract will be for two (2) years, with the option to renew for three (3) additional one (1) year periods. Brazos County may award contracts to multiple vendors to provide vending machines for the different products. For example, one vendor may provide services for drinks, another may provide snacks, and another provide healthier options. Proposals are not limited to the selections we are requesting. Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Tuesday, August 27, 2019 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas. Release of RFP Advertisement Dates Deadline for Questions Proposal Submission Deadline Review / Contract Evaluations 1 Negotiations Anticipated Award B. Procurement Delivery Friday, July 26, 2019 Friday, July 26, 2019 Friday, August 02, 2019 Tuesday, August 20, 2019 Tuesday, August 27, 2019, 2:OOPM CST September October Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential cost saving suggestions to the County. The County will consider each of these suggestions and select those that the County believes present the best "value" to the project. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into final contract. C. Alternates No alternates exist for this project. 21Page va pg. D. Conditions of RFP The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this solicitation. All proposers 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 proposal, 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 Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. COUNTY - The government of Brazos County, Texas and its authorized representatives. e. PROPOSER — Firm submitting a response to this solicitation. f. SUB -CONTRACTOR - Any Vendor hired by the prime Vendor to furnish materials and services specified in this solicitation. g. VENDOR - The successful firm awarded this contract as a result of this solicitation. 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful vendor for the period designated. 3. Proposals must be received by the Purchasing Department prior to the time and date specified. 4. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any proposer. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 7. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non -assignable by either party. 8. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. _.._ 31Page y Wi` 9. The proposal award shall be based on, but not necessarily limited to, the following factors: Vending Services and Procedures 30% References 10% Schedule for Servicing, Filling, Etc. Machines 15% Selection of Goods Proposed 15% Pricing of Goods and/or Revenue to County 20% Organization of Proposal 10% 10. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 11. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's 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. 12. 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. 13. 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. 14. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Purchasing Agent. 15. Proposals will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 16. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. It is recommended that the vendor check the Brazos Valley e-Marketplace at littp:/ibrazosbid.ioiiwave.net for addenda prior to submitting their proposal. 17. There is no expressed or implied obligation for Brazos County to reimburse responding proposers for any expenses incurred in preparing proposals in response to this request. 18. Proposals must show full company name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the proposer. Company name and authorized signature shall appear in each space provided. The proposer must include Employer Identification Number or Social Security Number and signature for the proposal to be valid. 41Page 19. Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the proposer to secure better price or delivery is welcomed and may be given consideration provided that the proposer also bids on the quantity specified. 20. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 21. This proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County, contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 22. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 23. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. Special Provisions 1. Proposers with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace hlWs://brazosbid.ionwave.net. 2. FiII out the proposal completely, seal completely in an envelope, and identify the proposal name and number on the outside and return it to the Brazos County Purchasing Department, Administration Building, 200 South Texas Ave., Suite 352, Bryan, Texas 77803 prior to the submission deadline. The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the Brazos Valley e-Marketplace https:Hbrazosbid.ionwave.net. The proposer must put the proposal number and name on the front of the envelope before mailing it to the Purchasing Department. 4. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from proposers. ti 5. The contract shall be awarded to the responsible proposer whose proposal is determined to be the best evaluated offer. 6. Your response to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 5 1 P a a e 7. All services contracted herein shall be done in a courteous and orderly manner. All vendor personnel shall be appropriately dressed at all times while on the property. 8. The personnel performing the services contracted herein shall be under the sole responsibility and the employment of the vendor. F. Trade Secrets, Confidential Information and the Texas Public Information Act 1. Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the proposer believes that the proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All proposals or parts of the proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of proposers. Proposers are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. Marking your entire Proposal CONFIDENTIAUPROPRIETARY is not in conformance with the Texas Public Information Act. G. Conflict of Interest l . The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Brazos County. 2. By signing and executing this proposal, the proposer certifies and represents to the County the proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process, proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the proposal. Any such contact will be grounds for rejection of the vendor's proposal. 6 1 P a g e H. Addenda and Modifications 1. Any changes, additions or clarifications to the RFP will be made by numbered addenda and must be acknowledged in the proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley e-Marketplace http://brazoabid.ionwave.net and will become a part of the proposal package, having the same binding effect as provisions of the original proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments and interpretations ofthis solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing proposal responses. 4. In the event of a needed change in the specifications sent to the proposer, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Proposers shall acknowledge receipt of all addenda. 5. The County does not assume responsibility for receipt of any addendum sent to proposers. 6. All addenda must be acknowledged on this form. I. Examination of Documents and Requirements l . Each proposer shall carefully examine all RFP documents and be thoroughly familiar with all requirements prior to submitting a proposal. 2. Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. J. Taxes Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. 7P a a e va2- leg. �� w, K. Insurance The vendor shall procure and maintain at its sole cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the vendor, its agents, representatives, volunteers, employees or subcontractors. The vendor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the vendor's insurance and shall not contribute to it. Further, the vendor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: 1. Commercial General Liability Policy 2. Automobile Liability Policy 3. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. Commercial General Liability a. General Liability insurance shall be written by carrier with an ANHI or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. 8Page F-v(: . 3-7,7, pcl. ` c. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d. All insurance policies shall be furnished to Brazos County upon request. e. Brazos County shall be named as additional insured on Contracts insurance. f. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Automobile Liability a. General Liability Insurance shall be written by a carrier with an ANIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. Workers Compensation Insurance Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the vendor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, vendors and subcontractors must use that portion of the form whereby the hiring vendor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent vendor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability Iimits of $500,000 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certificate of coverage ("certificate ") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC-81), TWCC-83, or TWCC--84), showing statutory worker's 9 1 P a a e E Pg. compensation insurance coverage for the person 's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the vendor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in section 406.096 (of the Texas Labor Code)) - includes all persons or entities performing all or part of the services the vendor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Vendor's, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing -labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery ofportable toilets. B. The vendor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the vendor providing services on the project, for the duration of the project. C The vendor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the vendor's current certificate of coverage ends during the duration of the project, the vendor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The vendor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and 2. no later than seven calendar days after receipt by the vendor; a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The vendor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The vendor shall note the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the vendor knew or should have known, or any 101Page change that materially affects the provision of coverage of any person providing services on the project. H. The vendor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The vendor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; ii. provide to the vendor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii. provide the vendor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. iv. obtain from each other person with whom it contracts, and provide to the Vendor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; A note the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any per son providing services on the project, and vii. note the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the vendor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all — 111Page ��a. ji-Y— coverage agreements will he filed with the appropriate insurance carrier, or, in the case of a self -insured, with the commission's Division of.Self-lnsurance regulation. Providing false or misleading information may subject the vendor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. Certificates of Insurance Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. Indemnity To the fullest extent permitted by law, the proposer agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property,.or for any breach of contract, any Worker's Compensation claim, and any other claim arising out of or in connection with the work done by the vendor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the vendor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. In addition, the vendor shall indemnify, hold harmless, and defend the County from any liability caused by the vendor's failure to comply with applicable federal, state, or local regulations. These indemnities shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the vendor, or a third party. The indemnification shall include but not be limited to the following specific instances: 1. In the event the County is damaged due to the act, omission, mistake, fault or default of the vendor, then the vendor shall indemnify and hold harmless and defend the County for such damage. 12 1 Pa��e Vol. 2 p9, 8� 2. The vendor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material providers, mechanics, laborers, or other subcontractors. The vendor shall also be responsible for subcontractors hired. 4. The vendor shall indemnify, hold harmless, and defend the County from any liability caused by the vendor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. M. Release The proposer assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the vendor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the vendor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. N. Proposal Submittal The proposer shall submit the proposal on the forms enclosed on the Brazos County web sites. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the proposer shall state the prices. 2. If a proposal is submitted by an individual, their name must be signed by them or their duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. The proposer must submit one (1) original and four (4) copies of the proposal to Brazos County. 4. The complete proposal should include the following: a. Completed and signed RFP b. Services and Procedures c. References d. List of Quality of Machines (age and condition of machines) along with the Schedule of Servicing and Maintenance e. List of Selection of Goods f. List of Pricing of Goods g. Vendor's licensed certifications or other form of qualification(s) h. HB89 Form i. Certificate of Insurance 5. By signing the certification below, the vendor verifies that all plans, and specifications have been reviewed and are considered in the pricing in the proposal submitted. O. Summary of Work This section of the proposal shall set forth the specifications for the service and equipment to be used by the proposer. 1. The proposer shall state exactly what types of vending machines they intend to furnish at each location in each premise, including make and model. 2. The proposer must include an itemized listing of foods and/or drink products to be sold as well as pricing for these items. This list should include brand, type, size, price, etc. 3. The proposer must explain the process for handling customer refunds. 4. Describe the implementation process and approximate timeline for Brazos County as a whole and then for each department/location. 5. Optional Offerings — The proposer may describe. any optional offerings which it will provide to the County, including any revenue sharing with the county. P. Statement of Services Required The vendor shall furnish all labor, equipment, and supplies necessary to provide vending machine services for various county owned/leased buildings. 2. Provide, supply, and maintain drink machines that contains cans and/or 20oz bottle carbonated drinks and bottled water. Drinks shall be varied. (i.e. Coke, Dr. Pepper, diet drinks, etc.) 3. Provide, supply, and maintain snack type machines. Snacks shall be varied (i.e. candy bars, crackers, chips, etc.). All food items shall be packaged under current Health Department standards. 4. Provide, supply, and maintain a healthy option machine (if requested). These machines should include healthier options to include drink and/or snacks. Drink and snack options shall be varied (i.e. flavored water, healthier juices, lower calorie options, etc.). �14JPage 5. Drink and snack options may be periodically rotated as requested by Brazos County. All out dated snacks are to be removed and replaced with fresh items on a scheduled basis. All food items and machines are subject to random inspection by the county. 6. Prices are to remain consistent in vending machines covered by this contract regardless of usage volume at that location. 7. The vending machine concessions described herein shall be for the sale of all food, hot or cold drinks, and other items as may be approved by Brazos County. 8. The vendor shall not provide alcoholic beverages or tobacco items of any kind, at any time, on County property. 9. Each vendor, by submitting a proposal, agrees that if their proposal is accepted by the County and the vendor will furnish all items and services within terms and conditions in this RFP and resulting contract. 10. The type, size, quantity of merchandise, the conditions connected with the sale of such merchandise, and all other relations of the service provider with the public shall be subject to the approval of the County. The prices of merchandise and price changes shall be subject to the approval of the county. The vendor may decrease the price of any item at any time without prior approval if such reduction may be performed without a sacrifice of quality or quantity. Price increases must be substantiated by supplier notices to vender, vendor invoices, or other material documentation acceptable to Brazos County. 11. • The vendor may not decrease food and drink portions without the express written permission of the County. I2. The County may require the service provider to remove a vending machine from any location for any reason. 13. The vendor shall secure all permits and licenses, pay all charges and fees, and give notices necessary to do Iawful operations of its services described herein. 14. The vendor shall maintain the cleanliness of its own equipment and furnishings will promote an attractive and clean appearance at all times. Vending machines shall be clean, rust -free, and all lights shall be operational. 15. All machines are required to have currency changers. If a food or drink item in any machine costs more than one -dollar ($1), that machine must have one dollar ($1) and a five dollar ($5) changer. 16. The vendor will service all locations as often as necessary to maintain a supply of products and quality service. Vending machines should not consistently run out of inventory. 15 Ps g e B- 17. The vendor shall post a telephone number on each vending machine for complaints and will respond to legitimate complaints within one (1) working day. 18. Vending machines shall meet all ADA requirements. 19. Vendors must be able to supply samples at the evaluation time if the committee requests them to do so. Q. Contract Provisions: 1. This contract agreement may be terminated by Brazos County at any time if the conditions of this Rl~P are not met or for any reason by providing a thirty (30) day written notice to the vendor. 2. If vendor ownership changes this contract cannot be transferred to the new owner without approval from the Brazos County Commissioner's Court. 3. The vendor shall not prohibit nor discourage County employees, officials, or visitors from utilizing any concession premises for the eating or drinking of items brought on the premises by themselves. 4. Brazos County must specifically approve the change or addition of any vending machines and any revenue derived there from, shall be considered as part of the gross receipts contained in the contract. 5. After the proposal opening and prior to the award, the County reserves the right to make a pre - award survey of any or all proponents' food and equipment to be used in the performance of work under this solicitation. 6. The vendor agrees to allow all reasonable requests for inspection of such food and equipment with two (2) days advance notice. Failure to allow such an inspection shall be cause for the rejection of proposals as non -responsive. The County reserves the right to reject food or equipment as unacceptable for performance under this solicitation as a result of the pre -award survey. In addition, the service provider's reputation of quality or performance may also be used for purposes. 7. The vendor shall commence work only after the transmittal of a fully executed contract and after receiving written notification from the County to proceed. .The successful service provider will perform all services indicated in the proposal in compliance with the contract. 8. The County shall not be liable or responsible to the vendor for damage to its equipment or for food spoilage for any reason. 9. Any vending location may need to close for a period of time due to building renovation or other reasons. The County shall not be liable to the vendor for any loss of profit or damages cause by such closure. -- ------ - 16 1 P a g e 10. Upon expiration or termination of this agreement the vendor shall remove all of its equipment, property, fixtures, and fittings within five (5) working days. 11. If, for any reason, the County needs to have equipment moved the vendor shall do so within 24 hours of the County's request, provided that the County provides notice at least five (5) business days in advance. 12. Both parties acknowledge that neither is responsible for adding any additional electricity or water unless agreed upon and documented in writing. All outlets utilized by the equipment shall be 110 volt. 13. Transition Requirements — In the event that the County is terminating one vending machine service contract, in respects of beginning a new one, the newly awarded vendor needs to be able to fully justify a plan to carry out the exchange of service providers. For this reason, the vendor must submit an implementation plan containing all steps and time -frames for all installation of vending machines. This implementation plan will become a part of the contract and must be followed. All vending machines must be ready for operation within five (5) working days of the proposed transition date. Fully describe the installation requirements necessary for your proposed equipment and services and what environmental conditions must be in place for your equipment to be installed and to function properly. 14. In addition, the vendor agrees to exercise its best efforts and cooperation to assist in an orderly and efficient transition to a successor, should it be necessary. 15. The cost for all items sold shall include any taxes, sales or otherwise. R. Commission 1. If the vendor's proposal is one that involves the payment of commissions to the County then the vendor agrees to pay to the County the single overall percentage of gross receipts for the vending activities -described within this, RFP. The term "gross receipts" as used in the RFP shall mean total receipts before the deduction of any costs or expenses, and except sales taxes. Multiple percentages of gross receipts shall be unacceptable and will render the proposal non- responsive and result in rejection thereof. 2. If commissions are to be paid by the service provider to the County, then payments shall be made to: Brazos County PO Box 914 Bryan, TX 77806 3. Payments shall be made on or before the 15th day of the succeeding month. Said payment shall be calculated by multiplying the gross receipts of the preceding month by the percentage agreed to by the service provider. In addition, said monthly payments shall be accompanied by a written statement showing the amount of gross receipts during the preceding month for each location serviced. Copies of the monthly statements shall be forwarded to the County Auditor's Office at the address previously mentioned. .. - - - -- - - -- - - 171Page Vol. pg. �© S. Installation, Training, Testing, and Acceptance 1. Implementation Plan: The County will provide a primary point of contact to coordinate implementation services. a. Vendor will cooperate fully with any scheduling requirements issued by the County. Vendor will be responsible for keeping the county informed of their progress at all times. b. The County shall provide the premises for vending machine equipment to be installed as well as utilities needed for operating vending machines. , 2. Liability: Vendor will be responsible for all equipment, material and supplies during implementation. The County will not be liable for any loss or damage during the installation process. All sites shall be left in clean and in working order at the end of each business day. 3. Single Point of Contact: The vendor shall appoint a single point of contact, who will be accessible to the County during the implementation and the term of the contract who will be responsible for all coordination between the vendor and the County. 4. Existing Equipment Replacement: Damages caused by the installation of equipment shall be repaired or replaced at the sole expense of the selected vendor. All damages shall be brought to the attention of the County immediately. T. Company Experience In this section the proposer shall detail its history in servicing clients with vending machine services. Experience should be for work done on a similar scale to that of Brazos County. Experience with a government entity is preferred. The description provided should include enough detail to allow Brazos County to determine whether your vendor has the specified experience and other qualifications. 1. The proposer shall provide a statement detailing any cancellation, default or notice of default for lack of payment of all outstanding payables including rent/fees (over sixty [60] days only) or for any other reason. 2. Has the company been involved in any litigation, sued or been sued; for any reason related to the course and scope of work requested by this RFP? 3. Provide and describe any sub -contractual relationship required for the RFP scope, history of the relationship, division of labor, key personnel, etc. 181Page U. Current Locations Brazos County currently uses vending machine with mounted, point -of -sale, card swipe functionality at various County locations. There are nine (9) County buildings that have vending machines, listed below. Brazos County reserves the right to determine if vending machines will be placed in each space or location stated in the vending machine tabulation below and determine what type, drink, snack, or healthy option. Machines and quantities may vary. Current locations are as follows: Location Drink Snack Healthy Number Machine Machine Options of Outlets Brazos County Administration 1 machine 1 machine None, but 6 Building with 8 with 30 has space 200 S. Texas Ave options large slots for one Bryan, TX 77803 Atrium Area —12.5ft X 7 ft Brazos County Courthouse 1 machine 1 machine N/A 2 300 E. 26" St with 8 with 30 Bryan TX 77803 options large slots 4th Floor — 9ft X 7.5ft Brazos County Courthouse 1 machine N/A N/A 2 300 E. 26t' St with 6 Bryan TX 77803 options County Clerk Break Room — 4.5ft X 3.5ft Brazos County Courthouse 1 machine N/A N/A 2 300 E. 26th St with 8 Bryan TX 77803 options District Court — 4ft X 4.5ft Exposition Complex 1 machine Currently None, but 6 5827 Leonard Rd with 8 none, but has space Bryan, TX 77807 options one is for one Right Vending Area —12ft X 3.5ft needed Exposition Complex Currently Currently N/A 2 5827 Leonard Rd none, but none, but Bryan, TX 77807 one is one is Left Vending Area — 5.5ft X 3.5ft needed needed Brazos Center 1 machine Currently None, but 4 3232 Briarcrest Dr with 8 none, but has space Bryan, TX 77802 options one is for one Entrance 1-11 ft X 4ft needed Brazos Center 1 machine Currently None, but 4 3232 Briarcrest Dr with 9 none, but has space Bryan, TX 77802 options one is for one Entrance 2 —11 ft X 4ft needed ita1. '2: pg. Location Drink Snack Healthy Number Machine Machine Options of Outlets Fleet Department 1 machine N/A NIA 2 1601 Louis St with 8 Bryan, TX 77803 options Break Room — 6ft X 4ft Tax Office 1 machine 1 machine N/A 2 4151 County Park Ct with 8 with 30 Bryan, TX 77802 options large slots Breakroom — 6.5ft X 4.5ft Juvenile Justice Center 1 machine N/A N/A 2 1904 W State Hwy 21 with 13 Bryan, TX 77803 options Waiting Area_— 5ft X 4.5ft CSCD 1 machine N/A N/A 2 321 E 261" St. #300 with 8 Bryan, TX 77803 options 2nd Floor —1 Oft X 5.5ft CSCD 1 machine 1 machine N/A 4 321 E 26" St. #300 with 45 with 24 Bryan, TX 77803 options large slots 2nd Floor — 8.5ft X 6ft Brazos County Health Department 1 machine Currently None, but 6 201 N Texas Ave with 8 non, but one has space Bryan, TX 77803 options is needed for one Front of Classroom — 8.5ft X 3ft Vol. � � pg. E::��� V. References Respondent shall provide a minimum of five (5) references that your firm has serviced for within the last three years, preferably for local government entities. Brazos County reserves the right to check references prior to award. Any negative responses may be grounds for disqualification of the proposal. Brazos County checks references by email. If an email is not accurate and we are unable to check that reference, it may affect the score of the response during evaluation of this solicitation. II Reference One II Client Name: Point of Contact Name: Telephone Number: Email address of Point of Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: Client Name: Point of Contact Name: Telephone Number: Email address of Point of Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: _ 11Paae Reference Three Client Name: Point of Contact Name: Telephone Number: Email address of Point of. Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: Client Name: Point of Contact Name:: Telephone Number: Email address of Point of Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: 221Page Vol. Pg. Client Name: Point of Contact Name: Telephone Number: Email address of Point of Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: W. DEFICI<ENCIES AND DEVIATIONS FORM 1. Following is a listing of ALL deficiencies and deviations from the requirements and/or provisions as outlined in the proposal. Unless specifically listed here, your response will be considered to be in FULL compliance with the proposal. Respondent assumes the responsibility of identifying all deficiencies and deviations and if not identified, all requirements of the proposal stipulated must be fulfilled at no additional expense to Brazos County. 231Page va pg. _ X. CONTACT FORM Vendor should include the name(s) of the person(s) authorized to negotiate with the County. This information should include email, phone number and position in the company. Company Name: Authorized Company Representative for Negotiations: Position/Title: Contact Phone number: Contact Email: Authorized Company Representative for Negotiations: Position/Title: Contact Phone number: Contact Email: Authorized Company Representative for Negotiations: Position/Title: Contact Phone number: Contact Email: Y. Addenda The undersigned acknowledges receipt of the following ' addenda issued during the time of solicitation and includes the several changes therein in this proposal. No. No. No. Date Date Date - - - 241Pabe Vol. P,- --f- -� Z. Certification of Proposal The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other proposer, and that the contents of this bid have not been communicated to any other proposer prior to the official opening. Signed By: Typed Name: Company Name: Mailing Address: Title: P.O. Box or Street City State Zip Employer Identification Number: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. 19-019. By signing below, Brazos County agrees that this RFP 19-019 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court Date: Attest: Brazos County Clerk 251Page Vol. — Pg. AIL AA. Proposal Evaluation Waiver By submitting a proposal or response, each proposers/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract. Note: The Statement of Affirmation Must be Notarized. Statement of Affirmation "The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal." Firm's Name: Address: Proposer's Name: _ Position/Title: Proposer's Signature: Date: Subscribed and sworn to me on this day of in the year Notary Public My Commission expires BB. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Authorized Company Representative: Address: Signature: Date: �-- 7 I P a e Vol. Pg. c� .c OP �B:razos:,C.ouft -a eeit:.- urchasin '. pt ' :i 200 SOIiTH;TEXAS-AVG.SUITE,352 BRXAN, TX.77803- PI ONE (979)•3b1=4291 :FAX (979) 361=4293:^ ".. Iuly.l,,.2922 :; `_' Accent -Food Services 2913 A. W. Grimes Blvd Pflugeville TX, 78660 Re: Renewd of Contracd #23-014R for Vending.Machines: prepiously known as•22.0145R and 19419.. : Brazos'&iu y, appreciates ythe work provided by-youi company and:would like to:exercise the renewal;' option -for Vending Machines : , PepsiCo - Drink :.Machines AccentFoods-Snack'Maci Ines: All teens, conditions; and pricing sfiallreiriain the same.: This renewal will -be for gne;yearfroiri .Octtober .. - :. % 22;:2022through October 21, 2023.' . = .. � To `ace s t the renewal' :o `tion, please -All.. tl a infoirinat on a W':41' d below'' Return :the signed ' eP •. p •:: +. . : dociii .... i by email to sdiibec@tiraziiscourityfx,gov : of fa id ;(979)�, 361'-4293 Please then submit as updafed Certificate of Iasurance•by email or mail fo.the:adress•listed'above. Please;return acceptance ..as soon as possible ..If you have any questions, I mayaie reached at (979) 361-4294. Contact Name: E. IA DA. 6rR'A I D E t.. !—:: Tlfle: ' �,P ' S.61. its,. ' E-Mall'e�inda' r'aAd:2�I GGGentoo.ds: Telephone: `!,6.� :-: -: . • • -.- ..• ' • -. • Vim•. '- - .' • ..-•.. � •.' •. • Accent Food Services Authoriz d Signature Date - , • .. • • ,• . • , . � . g � 30 I as 1�: -. • a Date= 1DuanePeter. ;•CountyJudge .. `- '.-., ,• .;.: . 61 rE �_ ', : a • pg. VENDING MACHINES AND SERVICES CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No.19-019B Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 361-4294 GENERAL REQUIREMENT FOR CONTRACT I, LeLand Freeman as a duly authorized representative of PepsiCo "Contractor" willingly attest to perform (or deliver) as per Exhibit A (Pepsi Co.'s RFP response) and Exhibit B (Original RFP) for Brazos County. I farther agree to all of the provisions and specifications contained in this contract. TERM: The term of this contract will be for two (2) years, starting October 22, 2019, 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, 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 https:Hethics.state.tx.us/whatsnew/elf info forml295.htm for more Contract No.19-019B 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 EARNIDGESS 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. Contract No.19-019B BRAZOS COUNTY, TEXAS 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. TAXIES 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 Contract No. 19-019B BRAZOS COUNTY, TEXAS Page 4 of 9 Pages this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the contractor; the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq,, as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the Iaws 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 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. Contract No.19-019R BRAZOS COUNTY, TEXAS Page 5 of 9 Paoes 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'SINSURANCE The contractor(s) before starting work for Brazos County, must furnisli 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 are 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. MMITATIONS 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. m Contract No.19-019B BRAZOS COUNTY, TEXAS 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 LNEWUNITY 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: Sjja��les Contact Name: Phone � Number: Info: U / -5' 2 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 and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Contract No.19-OOB BRAZOS COUNTY, TEXAS Page 7 of 9 Pages 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. 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 RES'7PONSIBILTY 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 fu11 compliance with this contract. INDEIVDUICATION 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. i Vol.y ' • I ��i Contract No.19-019B BRAZOS COUNTY, TEXAS Page 8 of 9 Pages HOUSE BELL 89 & DEBARMENT VERMCATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13.224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, "state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224_ Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. `Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: r, �srtj� Authorized Company Representative: /ems vt�( f/2e4ti Date: Iv / /J / _/O /y Contract #:_ /`/ v / 7 fi Vol. pg. BRAZOS COUNTY, TEXAS Contract No.19-019B Page 9 of 9 Pages CERTIFICATION OF BED 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 /bidof been communicated to any other vendor prior to the official opening of this bid.Signed B�Tit •le.Typed NeeH, cA Company Name: f e v si ('o Phone No. / a - Z / g r/ ysT Email Address: Mailing Address: P. O. Box or Street Employer Identification Number: Ied. /X 77BvZ- State Zip prove by ommission Court on this 22 day of 0009t 2419 by olding the position of,�,,,n,,yr U Vol, pg. mil_ r�r��vv ORIGINAL COPY IRIEIP!ilc C) O-RIG-'I-NAL'COP'Y'-- 'REQUEST FOR PROPOSAL..' RFP NO.19-019 VENDINGMACHINES AND SERVICES. SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, August.27, 2019.'2:OOpm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361=4290 Fax: (979).361-4293 Vendors, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this proposal from the issuing date of the proposal until scheduled oral presentations or the date the Brazos County Commissioners Court meets: to consider award for.. the RFP. Any such contact will be grounds for rejection.of the. vendor's .proposal. ' 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 RFP •for furnishing the material and/or services listed on the attached proposal form and agrees to deliver said items -at the locations . and for the prices set forth on the proposal farm. Company Name: PepsiCo By (Print): Leland Freeman Physical' Address: _1801 Shiloh Bryan, TX 77802 Mailing Address: , 1801 Shiloh Bryan, TX 77802 Phone: A79_9'+£ 1.459 Email: 1pia.nd freemenrt�i�,pe. si r_nm Vol; . ft V. References Respondent shall provide a minimum of five (5) references that your firm has serviced for'within the last three years, preferably for local government entities. Brazos County reserves the right to check references prior to award. Any negative responses may be grounds for disqualification of the proposal. Brazos County checks references by email. If an email is not accurate and we are unable to check that reference, it may affect the score of the response during evaluation of this solicitation. Reference One Client Name: C�Ilage-�alatien I�} : ' Point of Contact Name: - jennifer•Hairell Telephone Number: 972764-5400 Email address of Point of Contact: jenniferhalrellncsisd.org Total annual -gross of project: hllA Key staff assigned to the referenced project that could potentially perform under this solicitation: NIA Point of Contact Name: Shane Hinckley( Telephone Number:. g79_676=1 782 - Email address of Point of Contact: eharae.hinrklay am -'adu Total annual gross of project: = Key staff assigned to the referenced project that could potentially perform under this solicitation: NIA Vol.. RgWMI .21 Pag-e 1ER erence Three 1N Client Name: DeSota ISD Point of Contact Name: Lacy Davis Telephone'Numbdr:' A72800 7816 - Email address of Point. of Contact: A ' Total annual gross of project: MA Key staff assigned to the referenced project that could potentially perform. under this solicitation: N/A Client Name: Hurst Euless Bedford ISD Point of Contact Name:: Randy Regan Telephone Number: 817-399-2030 Email address of Point of Contact: randy 9 L@hablsd.edu Total annual gross of project: turn Key staff assigned -to the referenced. project that could potentially perform tinder this solicitation: N/A Client Name: H,,mhIP -ISh Point -of Contact Name: Monica Comeaux Telephone Number: 9-81_Fd1 _RAA3 Email.address'ofPoint of.Contdct: Monica comeauxl?�humble kl2tx its Total annual gross.of project: N jA. Key staff assigned to the referenced project that could potentially perform under this solicitation: _ W. DEFICIENCIES AND DEVIATIONS FORM I.- Following -is a -listing -of ALL - deficiencies and -deviations from- the requirements and/or provisions as outlined in the proposal. Unless specifically listed here, your response will be considered to be in FULL' compliance. with the proposal. Respondent. assumes the. - responsibility of identifying all deficiencies and deviations and if not identified, all.: requirements of the proposal stipulated must be'.fulfil.led.at no additional.expense•to Brazos County. NIA X. CONTACT FORM Vendor should include the names) of the-person(s) authorized to negotiate with the County.• This ' information should include email,; phone number and position in the company: Company Name: Re'PSICO Authorized Company Representative'for Negotfations:Leland Freeman Position/Title: Food service rem_ Contact Phone number: 979-21$_1459 Contact Email: ,�,apapepsi,cer Authorized Company Representative for Negotiations: �JPnnifer Huffer Position/Title: Key account manager Contact Phone number:.�81-F� ContactEmail: Authorized Company Representative for Negotiations; Position/Title: Contact Phone number: Contact Email: Y. Addenda The undersigned acknowledges' receipt of. the -following addenda issued during: the" time of solicitation and includes the several changes therein in this proposal. ' No. No. 'No. Date'.. Date Date V®I. 2 !I Z. Certification of Proposal The undersigned affirms that they are duly, authorized to execute this contract, that this i d has not''' '%been prepared in collusion with any other proposer,.and that the contents of this bid have not been - communicated to any offler proposer prior to the official opening. Signed By Title: Typed Name. Leland Freeman Company Name: PepsiCo Mailing Address: T601 Shiloh lRomm 1X 77802 P.O. Box or Street _Uity' State Zip Employer Idefitification Number: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFP NO. 19-019. By signing below, Brazos County agree*$ that this RFP 19-019 will be awarded to 'the vendor br whose name appears above and both parties agree to the terms and conditions 'contained herein. By: grazios County Commissioner's Court Date: - to / qn, /P) Attes f: Brazos County Clerk 251Page -Vol. ILI, AA.' Prouosal Evaluation Waiver By submitting a proposal or response, each proposers/offeror-indicated.below' agrees to -'waive any claim it has or may have .against Brazos County (the Owner), Architect, Engineers,- Consultants • and their respective Commissioners, directors, employees, or agents arising out of or in corindetiori with (1) the administration, evaluation, or recommendation of any proposal or response:(2). any. requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any..: The proposer further agrees the Owner .reserves the right to waive any requirements' under -the proposal- documents or the Contract Documents, with regards to acceptance or rejection of *any" . . proposals, and recommendation or'award of the contract. ' Note: The Statement of Affirmation Must be Notarized. Statement of Affirmation "The undersigned. affirms that he/she is duly authorized to execute this: waiver by the.person(s) or. business entity making the proposal" Firm's Name: PppsiGo Address;. Proposer'sName: l Pland Franman Position/Title: Food service ' Proposer's S Date:..g/����n� q Subscribed and sworn to me on this day of Notary Public My Commission expires in.the:year BB. House Bill 89 & Debarment V_erifcation 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:/hvww.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN)' list. Responderit-certifles ; that the responding entity and its principals are eligible to participate in this trait'saction. and haye. - 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'. governmerifs 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 dtily authorized execute this contract. The company representative below further affirms, that. the company submitting -this proposal,.• under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term -of the contract.. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott. Israel" means refusing to deal with, terminating business aotivities 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, Xnajority-owned subsidiary, parent'. company or affiliate of those entities or.business associations that exist to snake a•p'rofit. .' .' Company Nam: PepsiCo Authorized Company Representative: Address: 1801 ahHoh-Bihar U 77802 • • Date Vol.' - TE ,acoR CERTIFICATE OF LIABILITY INSURANCE )/l'12020A8/23 201n9 THIS CERTIFICATE IS ISSUED AS A.MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS • - CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Wan ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the'certiticate holder in lieu of such endorsement(s). CONT PRODUCER LOCKTON COMPANIES NAM CFAX 2100 ROSS AVENUE, SUITE 1400 /vc No Ext : (A/C,No DALLAS TX 75201 E-MAIL 214-969-6700 ADORES •• 069518 rnvre Anro *DT:DOTAl rIMOVIEFrr A-rc: en ten cE o. 12 Insurance Co of Notch America taelnctntu ntllnnraGa. XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT•WITH RESPECT TO WHICH• THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LT TYPE OF INSURANCE ADDL gD SUBR POLICY NUMBER PpOLICY EFF M /DD POLICY EXP IDD ' LIMITS: A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR N N HD.0G71209957 I/1/2019 1/1/2020 EACH OCCURRENCE 5,000.000 •. PRgEMISES Oa oewrtence 2.000.000 MED EXP (Any oneperson) S Excluded - PERSONAL &ADVINJURY S 5.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POUCY❑ 58?C- ❑ LOC OTHER GENERAL AGGREGATE • S 5.000.000 PRODUCTS-COMP/OPAGG S 5,000,000..: - S' AUTOMOBILE LIABILITY X ANY AUTO A TU OS ONLY SCHEDULED HIRED NON -OWNED AUTOS ONLY AUTOS ONLY N N ISAH25274635 1/1/2019 1/1/2020 E�ecadeD,FINGLELIMIT S 10000.000• ' BODILY INJURY (Per person) S 1QCXT_3= •• BODILY INJURY (Per accident $ PROPERTY DAMAGE Per accident $ $ :XXXXXXX UMBRELLA LIAB EXCESS LIAB..H OCCUR CLAIMS-MADE NOT APPLICABLE EACH OCCURRENCE S j{j{}(}QQ{}{ AGGREGATE Sxxxrm ' DED RETENTIONS S ' B A C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPMErOMPARTNERIEXECUTtVE YIN OFFICERIMFJ,iBEREXCLUDED7 ' H] (Mandatory In NH) DESCRIPTION OF OPERATIONS below. NIA N WLRC65438392A/OSTATES WLR C65438434 A7,CA & MA SCFC65438471 (WI) 1/1/2019 1/l/2019 1/1/2019 1/1/2020 1/1/2020 1/1/2020 PER OTH X STATUTE ER •' ' ' ' ' EL EACH ACCIDENT S •5.000.000 E.L. DISEASE -EA EMPLOYEE E.L.DISEASE=POLICY LIMIT 5,000.000 A A A Excess Workers Compensation N N WCU C65438513 FL- OH & WJ WCU C65438550 PCMBC - OH WCU C65438598 PCMBC - WV 1/l/2619 1/1/2019 1/1/2019 1/1/1020 1/1/2020 1/1/2020 WC Statutory Limits' S5,000,000 each -accident ' S5,000,000 each ee for disease ' DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks• Schedulo, may be attached If -more space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. 13764473 FOR INFORMATION -ONLY ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE -WILL BE DELIVERED IN ; ACCORDANCE WITH THE POLICY PROVISIONS., . ilLsdl (t" CG�Gf� ©1988-2016 ACORD CORPORATION..AII rights I The ACORD rjrff c I ere mars of Ac Vol. Pg. a� Suppfler Wormation' Company Name: PepsiCo Contact Name: I planrl i=raPman Address: 1801 Shiloh c. :2 Phone: 979-218-1459 Fax: 979-779-6327 Email: leland_frPQmannr n�JCRi'�m Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. 144.1-11 rIT6.11M,,, Print'Name Page 3 of 3 pees 19-019 Executive Summary PepsiCo is the Right Partner for Brazos County Partnership approach that puts Brazos County first Our partnership approach is to listen first, in order to understand -Your goals and objectives. PepsiCo is the leading food and I with.overS63B li 2015 NarWmedw Food&BevReyenue(SB) A Global Leader PepsiCo is the leading food and beverage company in the U.S. and the world's second „ leading food and beverage company with over �' leverage company In the U.S., inetrevenue 2015 Giobai Food&Bev Revenue (Sal $63 billion in net revenue Strong Local and National Distribution .System PepsiCo North North American Beverages (NAB), markets, makes and sells beverages in North America own over 80%'of our distribution network ( bottlers) making NAB the largest beverage company in America. We trategic Local and National Partnerships e have strategic partnerships with strong local and national brands that consumers love. We can bring elevant brands to Brazos County: 70 PepsiCo is the Right Partner for Brazos County Guided by "Performance with Purpose" At PepsiCo, we aim• to deliver top -tier financial performance over the long term by -integrating sustainability into. our'business strategy, leaving a. positive imprint.on society'and,,khe=environment. We call this. Performance with Purpose. This vision means creating products that our consumers are eager to buy and our employees are proud* to sell. it starts with what we make a wide range of foods and beverages from the indulgent to the more nutritious; extends -to how we make our products -- conserving precious natural resources and fostering environmental responsibility in and beyond. our- Operations; and considers those who make them -� striving..to support communities where: we: work and the careers of generations. of talented. PepsiCQ ..employees. Poweiful Portfolio of Relevant Brands. PepsiCo has over20 iconic, :billion=dollar brands: and offers products to over 200 countries and territories.. e' have a full. range of •beverage: options•that � . . ets,the needs of today's ,consumers; -:including b. nds,:your community knows and, loves, GPQASt ONE propel Zak i .. 1693 e� 49D A4ARNa ® PALM r � Sc ( '�'. ! A4; Nq. TACO TOpI� IZZE SPORTS DRINKS 7 RTD COFFEE FUNCTIONAL BE,SRAGES SPECIALTY ti yNI 1. Uture-Focused epsi0o is investing .Heavily' in innovation and is• committed to bringing , :insights, product innovation and - erientiaf desig n�ex ertise :'to Brazos. Count in order. to. hel you stay in tune.with*'mernbers, of. our �a , p .. g p y' . P' y y Y ; i mmu 'ity. 3' Pricing and Delivery Schedule Pricing and.Delivery Schedule - OFFER Financial Summary Exclusive Offer = Equipment Vended Product Pricing and Royalty -Schedule ; Brand. M.. :Y y:, .... ... : r - 3_ ..._. . ax ":-; : - ;Packagelendirg Rate Com_misson.Rafe AgUafinaf20oz . - . :. :$1:75. Carbonated 86ft. Drinks : 20oz$1..75 ...35 /o Gatorade 206z " :. .$1.75 ,. ; 35%. - Lipton Iced Tea. 20oz•*.-- : = $1-:75 Kickstart.Mountain Dew. : C-ari 16oz' ;T.; . ' $2:25 35% ... f rappuecino 13.7oz - -$3.25 ° 35%- - .Starbucks D.ouble-Shot .Can.6.5oz . $2:25 35%o .' Starbucks= Double Shot energy Can. ' ..... $2:25. .35%.. 'Life Water 2oz. $2�25 , 35% Rockstar Total Can 160z $2:50 _ = 35% - :AMP Total.'.- - . .35% . - Offer;. -can, -be -used for -all vendors or:only-.public facing.-vendojrs.: ; Pricing and Delivery Schedule - Offer #2* _ 1 Financial Summary :. Staff facing vendors Equipment Vended, Product Pricing and Royalty Schedule . . Brand iN�x .-' - °=Packs e " Ve din , `` Vie; Om mission Rate g n g�Ra. __ _ _ _ _ _ _� _ - Aquafina T :.. �20oz j_, .. $1;25 0%° .Carbonaied. Soft -Drinks. 20oz. - Gatorade : - , .. 206z $:1:25 . f 0% . :- Lipton. Iced •Tea; ; 200z ; $1:25 Kickstart•:Mouhtain- Dew :. C-66 .1.6oz :. '$2:.00 Frappuccmo 13 7oz� $2;25 0°x Starbucks Double Shot 0an.-6.5oz . $2.25 St6rbucks''Double'Shofrenergy, Can,15oz ". -$2:25 0%° ' Life .Water : ' 2oz: : .: : $1.::75 R_ockstar• Total C.an.160z .2.25... 0% - " - -AMP Total :' 'Can 16oz .: $2:25, i ..0%- Section 3 Requirements Sections 3 Requirements 3.3.1 Statement to indicate Qntorest and availability to -provide the required services and include credentials to perform requested services. P. gsi will provide.*Sfate of the Art" Equipment that will be cosmetically•attractive to provide the most professional looking breakroom area. Wireless Technology • Only operator to fully implement Seed Based Technology • Light Speed Pre -kitting • Real Time Data • . Dynamic Scheduling • Establishes Consumer Trends •. Provides real time vendor inventory. Category Management Dedicated Category Management Team - Quarterly product rotation launching new; products • Dedicated Merchandizing Managers • Delivering on consumer demands- Section 3 Requirements 3.2.2 Provide a general overview of the organization and its professional staffing. Please include information regarding any previous experience in a University setting. PRIMARY SUPPORT TEAM Martin Qlexey Unit Sales Manager Bryan, TX George Leal Jennifer Huffer Sr. Foodsenrice Sales Manager Key Account r, 32 Years ' Manager. Austin, TX 8 years Houston, TX REGION LEADERSHIP SUPPORT TEAM 4 Mike McGraw Foodservice Director Pepsi Beverages Co. 32 Years Plano, TX •�i Lee Freeman Foodservice Sales Rep Bryan, TX Primary Contact Section 3 Requirements 3.2.4 List and.description of services to'be. provided. PepsiCo Has a Full Assortment of Brands That Will Appeal to the Needs of Brazos County j,RUOT'HEEft I ORh Ei propel. G� AQAR NA. - PACE AQ�AF��A sparkling Lipton PURE LEAF. ism a sraaauc-�K-�e'�•.r�am�►�. rfP stAisutci DOUBLESHOT' COFFEE & PROTEIN sTAaaveas, ICED COFFEE ,Z Tkop%aw Trop5q. JUICE , lopreana. I Z Z E. . LxMonao anftust ivat Section 3 Requirements 3.2.4. ' List and description ofservices to be .provided Beverages Ene U/ Coffee AL : 20oz Bottles (24pk. AIL'� • • AMP 16oz Cans (12pk) 20oz Bottles (24pk) 12oz Can's•(24pk) AMP Original AMP Gatorade G2 Cherry Blast AMP',Fruit punch PassionFrult Lemon -Lime Fru(tPunch AMP Strawberry Limeade Glacier Freeze Grape AMP ZeroBlue.BerryGtape: Orange Aqudna .-Wild Cherry Pepsi Crush Orange Black Tea wl Lemon, AMP zero Watermelon '% Cool Blue Life WTR Pepsi, Cherry Real Sugar Crush Grape Blade Tea Peach Pepsi Diet Wild Cherry Pepsi Schweppes -Ginger Ale Black Tea %: Tea''/z Frost Glacier Cherry Diet Pepsi • Mug Root Beer Mountain Schweppes Club Soda Fierce Melon - P i Max Dew Schweppes Tonle Lemonade Green Tea w/ Fierce Blue Chdrry Pepsi Real Sugar Diet Mountain Dew Diet Schweppes Tonle Citrus Pepsi Vanilla Real,Sugar Pepsi • Mountain Dew Code Red Mist Twsl.. 'Diet Green Tea w/ Citrus Rockstar 16oz Cans (24pk) VWd Cherry Real Sugar Mountain Dew Live Wire Diet Mist Twst Diet Peach Rockstar @nergy Organic Island 'Fruit.. az !liar ' Pepsi Cherry Vanilla Real Sugar • Mduntein Dew Vaitage Brisk Fruit Free Pink Berry Punch Brisk ' Zero Carb nY Recovery Recovery Orange, Caffeine Free Pepsi . Mountain Dew Throwback Lemonade Brisk Punched Sparkling Cher Citrus Caffeine Free Diet Pepsi Mountain Dew Whiteout, • Brisk Sweet w/'Lemon g nY • Pure Zero Punched Sparkling Peach' ') � i I �' • • •� I '� •. -. . Pure Zero Silver Ice Pure Zero Mixed Berry Super Sours Green Apple ' • • pure Zero Mango Orange j 1402 (Glass) Bottles (12pk) 18.502 Bottles (12pk) Freeze Ume Boom Strawberry• �; ; Sweetened ava Sweet • Freeze Pina Colette ' Boom Orange Wild Blackbatry& Sage Sicilian Sweet wl Lemon Diet Sweet wl Lemon Lemon & Honeysuckie'Fuji ' Peach Raspberry Diet Peach APPIe, & Giriger Halt and Hall Not Too Sweet Peach Unsweetened Not Teo Sweet Green Tea *1 Honey Unsweetened Green Unsweetened Lemon Frappuccino Double Shot 15oz Cans (12pk) i5oz (Glass) Bottles (12pk) Mocha ' • • Vanilla ' b1oz (GtSss) Bottles (12pk) s Hazelnut ' ' : ; -While Chocolate V..' Vanilla' Ught Mocha Caramel Coffee. Spiced Vanilla Mocha, Light 'Mocha Coconut Mexican Mocha Vanilla White cliocolate . Double Shot.With Protein 110Z Can 12' �Q' Mtn Dew Klakstarit Mtn Dew Kickstart Dark Chocolate; ( ) ldoz Cans (12pk) 12oz Cans (12pk) Iced Coffee 11oz:(Glass) Softies (12pk) Vaniila;Bean fruit Punch' Strrawberry WA Pineapple ; , manilla - Coffee & Milk Light. Coffee Orange Citrus Orahgrf Mango Bluebery ' ',' : Carmel Coffee 8 Milk Black StarbucKs Double Shdt'6.5oz Can •V IadcCherry • Pomegranate Blood, f� Blaeg Unsweet Sweetened t s gesso Limeade:• f. , . ' . ' . : , p .... .. , Espresso Light Idnight Grape _ Orange Weterrnelon :ice :. :. :. •.. .'. .. : :. ' .. .. :. •, ,' :. •' , 1 . • For ProducTlotonnation, 4isit vrivW. ' siorodUcffacls:aohi Section .3 Requirements ., 3.2.4 : -" :List and description'of services;to'.be.provided.:: -Hello- Goodness. Vending ...... Most consumers areoal'reaclOamiliar with our Healthy Beverage brands; Aquafina,' Pure,1.Leaf,%Lipton; :Ocean Spray,•Gatorade, Propel, Naked Juice and. IZZE.are-the:leading items inAheir,.categories:and most-consum view them as beingHealthy-Beverages.-Additionally; .our Hello" Gbodness'bfandbd- machines -will -hel.p.consumers identify.the machines'that have the better.for'you items they''re: loo.king'for. .= A'OR* _!LVT it ii ^ .. ; v� lO���• � J _ 1. •' :. • 0'' .• ' . •' • nerd,. � � ! p O�. • :. •.! • ��"'�'.�— � n :. " . is `.: •:•i • � - • � : . �. 71 IS ..� ' . . All �i. Section 3 Requirements 3.2.4 - List and description of services to be provided. - Vendor Equipment PepsiCo will provide Brazos County with leading edge vending equipment.. All equipment will be new or like new and as hew equipment technology is released. PURE. PLAYS'. INNOVATION' L LA GLASS FRONTS THAT EXPAND RANGE- AND DRIVE GROWTH ACROSS A BROADER PORTFOLIO Ac®REP* CERTIFICATE OF LIABILITY INSURANCE PATE(MMIDD"YY„) 1/1/2020 8/23/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS),:AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL -INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES COMETACT : 2100 ROSS AVENUE, SUITE 1400 AIc No Ext : A/c iJo DALLAS TX 75201 EMAIL 214-969-6700. ADDRESS: INSURED tftVbIUV, INU* t•KI I U•LAT NUK I H AMtKIUA INU' UUAKtK INSURER B: Indemni Insurance Co of North America 43575 ' OATS CO' PEPSI-COLA METROPOLITAN BOffLING CO,INC.;. 106951 TROPICANA PRODUCTS, INC: NEW BERN TRANSPORT CORP. INSURER C : ACE Fire Underwriters Insurance Company 20702 BOTTLING GROUP, LLC; IZZE BEVERAGE CO- KEVITA,INC- THE GATORADE CO, NAKED JUICE CO. OF GLENDORA, INC. INSURER D 700 ANDERSON HILL RD, PURCHASE NY 10577 INSURER INSURER F : !`m/CDAtLCC #DAD QT/1T e+vo4rrrr ATC h111n11�Q0. 1Z71CAA�r2 ov.nerr,u urrnnflr•e. VWWW ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE -FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INgp SyOyYBpR POLICY NUMBER M}OpY EFF fPrO�pY EXP LIMITS A X COMMERCIAL GENERALLIABILITY CLAIMS -MADE OCCUR Lai N N HDOG71209957 1/1/2019 t/I/2020 EACH OCCURRENCE 5.000.000 . DAMAGE TO RENTED PREMISES E ocamence S 2,000,000 MED EXP (Anyoneperson) 'Excluded PERSONAL & ADV INJURY S 5,000.000 GEN'LAGGREGATE }{ LIMIT APPLIES PER: P0UCY❑ JECT LOC OTHER: GENERAL AGGREGATE S 5,000 000 PRODUCTS -COMP/OPAGG S 5,000,000 $ AUTOMOBILE X LIABILITY ANY AUTO AUTOSONLY SCHEDULED HIRED NON -OWNED AUTOS ONLY AUTOS ONLY N N ISA14=74635 I/l/2019 1/l/2020 aBIUNtlEe01SINGLELIMIT S IO 000,000 BODILY INJURY (Per person) S Xj{}{Xj{XX BODILYINJURY(Peraccident S PROPER 77yy DAMAGE Per accident $•= S x)0C>D XX UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE NOTAPPLICABLE EACH OCCURRENCE S X}o}m AGGREGATE- S XXX)= ' DED RETENTIONS $ B A C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPFJETORIPARTNER/EXECUnVE OFFICERIMEMBEREXCLUDEDI ND (Mandatoryin NH) under DESdPJPTIONOFOPERATIONS Eelow N/A N WLR C6543,8392 A/0 STATES WLR C65438434 AZ,CA & MA SCFC65438471 (WI) 1/1/2019 1/1/2019 .1/l/2019 1/1/2020 11 /2020 . 1/1/2020 PER OTH- X STATUTE ER E.L.EACH ACCIDENT s'S 000.000 E.L. DISEASE -FA EMPLOYEE S 5,000,000 - 5,000,000 A A A Excess Workers Compensation N N WCU C654385'13 FL - OH & W WCU C65438550 PCMBC - OH WCU C65438598 PCMBC - I/l/2019 1/1/2019 " I/1/20I9 I/1/2020 1/l/2020 1/1/2020 WC Statutory Limits $5,000,000 eackaccident S5,000,000 each ee for disease DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If.mora space Is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S)' REFERENCED. 13764473 FOR INFORMATION ONLY ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE' THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD COF The ACORD na mer Vol. P v::All rights EXHIBIT B REQUEST FOR PROPOSAL RFP NO.19-019 VENDING MACHINES AND SERVICES SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, August 27, 2019. 2:00pm CST TO THE: BRAZOSCOUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77503 Phone: (979) 361-4290 Fax: (979) 361-4293 Vendors, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this proposal from the issuing date of the proposal until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award for the RFP. Any such contact will be grounds for rejection of the vendor's proposal. 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 RFP for furnishing the material and/or services listed on the attached proposal form and agrees to deliver said items at the locations and for the prices set forth on the proposal form. t Company Name: By (Print): Physical Address: Mailing Address: Phone: Email: I I P a g e A. Introduction Brazos County is seeking proposals from interested vendors to supply and service Vending Machines, stock, and manage their inventory. The selected vendor(s) will provide the Brazos County with vending machines for several county buildings and services that will include the stocking and maintenance of the vending machines. Vending machines will be available to the public in most locations and for servicing by the vendor at such times as the county owned, or leased buildings are open to the public. Term of the Contract will be for two (2) years, with the option to renew for three (3) additional one (1) year periods. Brazos County pLal award contracts to multiple vendors to provide vending machines for the different products. For example, one vendor may provide services for drinks, another may provide snacks, and another provide healthier options. Proposals are not limited to the selections we are requesting. Proposals will be received, publicly opened, and acknowledged at 2:00 P.M., Tuesday, August 27, 2019 in the Brazos County Purchasing Department, Suite 352, Brazos County Administration Building, 200 South Texas Ave., Bryan, Texas, Release of RFP �_� Advertisement Dates Deadline for Questions Proposal Submission Deadline Review / Contract Evaluations / Negotiations Anticipated Award B. Procurement Delivery Friday, July 26, 2019 Friday, July 26, 2019 Friday, August 02, 2019 Tuesday, August 20, 2019 Tuesday, August 27, 2019, 2:OOPM CST _..._..._._ . w _� v_ September ....._..._..._.._........ October Brazos County will follow the Texas Local Government Code, Chapter 262.030 for this RFP process. The proposals will be opened on the date and time mentioned above and only the names of the proposers will be read aloud. The proposals will be distributed to the evaluation committee and this committee will evaluate each proposal according to the criteria set forth in this RFP. The committee will determine how many of the top evaluated firms will be negotiated with depending on the scores and other factors at the discretion of Brazos County. If the County chooses, these top scoring firms will be given an opportunity to present potential cost saving suggestions to the County. The County will consider each of these suggestions and select those that the County believes present the best "value" to the project. All firms will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and no pricing will be shared with any of the firms at any time until after an award is made and contract is approved by Commissioners' Court. A best and final offer will be requested including any revisions and allowing for a revision of the completion timeframe for inclusion into final contract. C. Alternates No alternates exist for this project. __ _. __` 21 P a g e D. Conditions of RFP The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this solicitation. All proposers 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 proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. CONMSSIONERS' 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 Vendor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. COUNTY - The government of Brazos County, Texas and its authorized representatives. e. PROPOSER — Firm submitting a response to this solicitation. f. SUB -CONTRACTOR - Any Vendor hired by the prime Vendor to furnish materials and services specified in this solicitation. g. VENDOR - The successful firm awarded this contract as a result of this solicitation. 2. Upon acceptance and approval by the Commissioners' Court, this proposal will be made part of the contract between Brazos County and the successful vendor for the period designated. 3. ProposaIs must be received by the Purchasing Department prior to the time and date specified. 4. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any proposer. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any proposals that do not fully respond to each specified item. 7. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner to continue the contract with its present provisions and prices. This contract is nontransferable and non -assignable by either party. 8. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 31Pac,e VOL �" og .. 9. The proposal award shall be based on, but not necessarily limited to, the following factors: Vending Services and Procedures 30% References 10% Schedule for Servicing, Filling, Etc. Machines 15% Selection of Goods Proposed 15% Pricing of Goods and/or Revenue to County 20% Organization of Proposal 10% 10. Although the cost is an essential part of the proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 11. Acceptance of work provided shall be made by the County at the sole discretion of the Commissioner's 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. 12. 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. I3. 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. 14. No proposal may be withdrawn after opening time without acceptable reason and with the approval of Purchasing Agent. 15. Proposals will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a proposal be considered if submitted to any otherperson or department other than specifically instructed. 16. All proposals shall be submitted in accordance with the instructions contained herein. Brazos County will not be liable for any information received through other websites or sources of information. It is the sole responsibility of the vendor to verify the accuracy of information received from sources other than Brazos County. It is recommended that the vendor check the Brazos Valley e-Marketplace at http://brazosbid.ioiiwave.net for addenda prior to submitting their proposal. 17. There is no expressed or implied obligation for Brazos County to reimburse responding proposers for any expenses incurred in preparing proposals in response to this request. 18. Proposals must show full company name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the proposer. Company name and authorized signature shall appear in each space provided. The proposer must include Employer Identification Number or Social Security Number and signature for the proposal to be valid. 4) P a a e Vol. L- Pa. 19. Proposals must be submitted on units of quantity specified. In the event of errors in extended prices the unit price shall govern. In the event of a discrepancy between the numbers given for the price and the word form of the price, the word form shall govern. Any suggested change in quantity on the part of the proposer to secure better price or delivery is welcomed and may be given consideration provided that the proposer also bids on the quantity specified. 20. It is our policy not to furnish proposal results over the phone. Proposal results and tabulation sheets will be posted on Brazos County website after it is awarded by Commissioners Court. 21. This proposal will be made part of any resulting contract the County may enter into. The terms and conditions of the County, contained in this RFP or the plans for this RFP shall supersede those of the vendor in the event of a conflict. 22. If any provision of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision it may become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 23. No oral statements of any person shall modify or otherwise change or affect the terms, conditions or specifications. All change orders to this agreement shall be made in writing and shall not be effective unless signed by an authorized representative of Brazos County. E. Special Provisions 1. Proposers with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace https:Hbrazosbid.ionwave.net . 2. Fill out the proposal completely, seal completely in an envelope, and identify the proposal name and number on the outside and return it to the Brazos County Purchasing Department, Administration Building, 200 South Texas Ave., Suite 352, Bryan, Texas 77803 prior to the submission deadline. The proposal is invalid if it is not deposited at the designated location prior to the time and date advertised, or prior extension issued by the County. 3. All proposals shall be prepared on the bid forms located on the Brazos Valley e-Marketplace https:#brazosbid.ionwave.net. The proposer must put the proposal number and name on the fiont of the envelope before mailing it to the Purchasing Department. 4. During the evaluation process, Brazos County reserves the right, in the best interest of the County, to request additional information or clarification from proposers. 5. The contract shall be awarded to the responsible proposer whose proposal is determined to be the best evaluated offer. 6. Your response to this proposal should be clear and concise addressing all requirements listed above and any other factors not specifically mentioned which would be advantageous to Brazos County. 511'aae Vol. pg. 2v— 7. All services contracted herein shall be done in a courteous and orderly manner. All vendor personnel shall be appropriately dressed at all times while on the property. 8. The personnel performing the services contracted herein shall be under the sole responsibility and the employment of the vendor. F. Trade Secrets, Confidential Information and the Texas Public Information Act 1. Brazos County, Texas is subject to the Texas Publication Information Act, Chapter 552, Texas Government Code. Proposals submitted to Brazos County, Texas in response to this RFP are subject to release by the County as public information. If the proposer believes that the proposal response, or part of it are confidential, as proprietary information, (s)he must specify that either all or part is excepted and provide specific and detailed justification for its claim of confidentiality. Vague and general claims to confidentiality are not acceptable. All proposals or parts of the proposals which are not marked as confidential will be considered public information after a contract has been awarded. The successful proposal may be considered public information even though parts are marked confidential. 2. Brazos County, Texas assumes no responsibility for asserting legal arguments on behalf of proposers. Proposers are advised to consult with their legal counsel concerning disclosure issues resulting from this proposal process and to take precautions to safeguard trade secrets and other proprietary information. 3. Marking your entire Proposal CONFIDENTIAL/PROPRIETARY is not in conformance with the Texas Public Information Act. G. Conflict of Interest 1. The proposer shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Brazos County. 2. By signing and executing this proposal, the proposer certifies and represents to the County the proposer has not offered, conferred or agreed to confer any pecuniary benefit or other thing of value for the receipt of special treatment, advantage, information, recipient's decision, opinion, recommendation, vote or any other exercise of discretion concerning this Proposal. 3. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process, proposers, their employees or representatives, are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP from the issuing date of the RFP until the date the Brazos County Commissioner's Court meets to consider award of the proposal. Any such contact will be grounds for rejection of the vendor's proposal. �_ 6�Page Vol.1ZL--a----Pg- H. Addenda and Modifications 1. Any changes, additions or clarifications to the RFP will be made by numbered. addenda and must be acknowledged in the proposal. 2. Any firm in doubt as to the meaning of any part of these requirements may request an interpretation thereof from the Purchasing Agent. At the request of the proposer, or in the event the Purchasing Agent deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing Department. Such addendum will be posted on the Brazos Valley e-Marketplace http://brazoabid.ionwave.net and will become a part of the proposal package, having the same binding effect as provisions of the original proposal. No verbal explanation or interpretations will be binding. In order to have a request of interpretation considered, the request must be submitted in writing and must be received by the Purchasing Department no later than the question deadline. 3. All addenda, amendments and interpretations of this solicitation shall be in writing. Brazos County shall not be legally bound by any amendment or interpretation that is not in writing. Only information supplied by the County in writing or in this RFP should be used in preparing proposal responses. 4. In the event of a needed change in the specifications sent to the proposer, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Proposers shall acknowledge receipt of all addenda. 5. The County does not assume responsibility for receipt of any addendum sent to proposers. 6. All addenda must be acknowledged on this form. I. Examination of Documents and Requirements 1. Each proposer shall carefully examine all RFP documents and be thoroughly familiar with all requirements prior to submitting a proposal. 2. Before submitting a proposal, each proposer shall be responsible for making all investigations and examinations that are necessary to ascertain conditions and requirements affecting the requirements of the RFP. Failure to make such investigations and examinations shall not relieve the proposer of the obligation to comply, in every detail, with all provisions and requirements of the RFP. I Taxes Brazos County is tax exempt. Tax exemption certificates will be executed by the County upon request. 7IPaje VcfB. �' _. Pg. K. Insurance The vendor shall procure and maintain at its sole cost and expense for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the vendor, its agents, representatives, volunteers, employees or subcontractors. The vendor's insurance coverage shall be primary insurance with respect to the County, its officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officials, employees or volunteers shall be considered in excess of the vendor's insurance and shall not contribute to it. Further, the vendor shall include all subcontractors as additional insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. All Certificates of Insurance and endorsements shall be furnished to the County's Representative and approved by the County before work commences. Standard Insurance Policies Required: 1. Commercial General Liability Policy 2. Automobile Liability Policy. 3. Worker's Compensation Policy General Requirements applicable to all policies: a. Only insurance carriers licensed and admitted to do business in the State of Texas will be accepted. b. Deductibles shall be listed on the Certificate of Insurance and are acceptable only on a per occurrence basis for property damage only. c. "Claims Made" policies will not be accepted. d. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to Brazos County. e. All insurance policies shall be furnished to Brazos County upon request. 1. Commercial General_ Liability a. General Liability insurance shall be written by carrier with an ANIII or better rating in accordance with the current Best Key Rating guide. b. Minimum Combined Single Limit of $1,000,000.00 per occurrence for bodily injury and property damage. r—� — 81Pagc c. No coverage shall be deleted from the standard policy without notification of individual exclusions being attached for review and acceptance. d. All insurance policies shall be furnished to Brazos County upon request. e. Brazos County shall be named as additional insured on Contracts insurance. f. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) 2. Automobile Liability a. General Liability Insurance shall be written by a carrier with an A:VIII or better rating in accordance with the current Best Key Rating Guide. b. Minimum Combined Single Limit of $600,000.00 per occurrence for bodily injury and property damage. 3. Workers Compensation Insurance Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas compensation insurance policy; either directly through their employer's policy (the vendor's or subcontractor's policy) or through an executed coverage agreement on an approved TWCC form. Accordingly, if a subcontractor does not have his or her own policy and a coverage agreement is used, vendors and subcontractors must use that portion of the form whereby the hiring vendor agrees to provide coverage to the employees of the subcontractor. The portion of the form that would otherwise allow them not to provide coverage for the employees of an independent vendor may not be used. The worker's compensation insurance shall include the following terms: a. Employer's Liability limits of $500,000 for each accident is required. b. "Texas Waiver of Our Right to Recover From Others Endorsement" shall be included in this policy. (Waiver of Subrogation) Pursuant to the explicit terms of Title 28, Section 110.110 ( c ) (7) of the Texas Administrative Code, the bid specifications, this Agreement, and all subcontracts on this Project must include the following terms and conditions in the following language, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation: A. Definitions: Certificate of coverage ("certificate') - A copy of a certificate of insurance, a certificate Of authority to self -insure issued by the Texas Worker's Compensation Commission, or a coverage agreement )TWCC-81), TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the vendor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractors" in section 406.096 (of the Texas Labor Code)) - includes all persons or entities performing all or part of the services the vendor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent Vendor's, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity or employees of any entity which fitrnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The vendor shall provide coverage, based on the proper reporting of classification codes and payroll amounts and filing of any coverage agreements, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the vendor providing services on the project, for the duration of the project. C. The vendor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. It the coverage period shown on the vendor's current certificate of coverage ends during the duration of the project, the vendor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The vendor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file providing services on the project, and certificates of coverage showing coverage for all person; and 2. no later than seven calendar days after receipt by the vendor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The vendor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The vendor shall notify the governmental entity in writing by certified mail orpersonal delivery, within 10 calendar days after the vendor knew or should have known, or any —------- ---- .._ 10 (P a a e change that materially affects the provision of coverage of any person providing services on the project. H. The vendor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. L The vendor shall contractually require each person with whom it contracts to provide services on a project, to: i. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreement, that meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; ii. provide to the vendor, prior to thatperson beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii. provide the vendor, prior to the end of the coverage period, anew certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. iv. obtain from each other person with whom it contracts, and provide to the Vendor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v. retain all required certificates of coverage on file for the duration of the project and jor one year thereafter; A note the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii. not6 the governmental entity in writing by certified mail or personal delivery, within 10 calendar days after the person know or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and J. By signing this contract, or providing, or causing to be provided a certificate of coverage, the vendor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all .. .. _.� .... .. - 11 I Page coverage agreements will be filed with the appropriate insurance carrier, or, in the case of a self -insured, with the commission's Division of Self -Insurance regulation. Providing false or misleading information may subject the vendor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 4. Certificates of Insurance Certificates shall be prepared and executed by the insurance company or its authorized agent, and shall contain the following provisions and warranties: a. The company is licensed and admitted to do business in the State of Texas. b. The insurance policies provided by the insurance company are underwritten on forms that have been provided by the Texas State Board of Insurance or ISO. c. All endorsements and insurance coverage according to requirements and instructions contained herein. d. The form of the notice of cancellation, termination, or change in coverage provisions to Brazos County. e. Original endorsements affecting coverage required by the section shall be furnished with the certificates of insurance. L. Indemnity To the fullest extent permitted by law, the proposer agrees to and shall indemnify, hold harmless, and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees for injury to or death of any person, for damage to any property, or for any breach of contract, any Worker's Compensation claim, and any other claim arising out of or in connection with the work done by the vendor under this Contract, provided that any such claim, loss, damage, cause of action, suit or liability is caused in whole or in part by an act or omission of the vendor, any subcontractor, or any person, organization directly or indirectly employed by any of them to perform or furnish work on the Project. In addition, the vendor shall indemnify, hold harmless, and defend the County from any liability caused by the vendor's failure to comply with applicable federal, state, or local regulations. These indemnities shall apply regardless of whether such injuries, death, damages, or breach are caused in part by the negligence or omission of the County, any other party indemnified hereunder, the vendor, or a third party. The indemnification shall include but not be limited to the following specific instances: 1. In the event the County is damaged due to the act, omission, mistake, fault or default of the vendor, then the vendor shall indemnify and hold harmless and defend the County for such damage. Vol. 2 .,2— Pg. 12 1 Pa e 2. The vendor shall indemnify and hold harmless and defend the County from any claims for payment for goods or services brought by any material providers, mechanics, laborers, or other subcontractors. 3. The vendor shall also be responsible for subcontractors hired. 4. The vendor shall indemnify, hold harmless, and defend the County from any liability caused by the vendor's failure to comply with applicable federal, state, or local regulations, that touch upon or concern the maintenance of a safe and protected working environment and the safe use and operation of machinery and equipment in that working environment, no matter where fault or responsibility lies. M. Release The proposer assumes full responsibility for the work to be performed hereunder, and hereby releases, relinquishes, and discharges the County, its officers, agents, and employees from all claims, demands, and causes of action of every kind and character, including the cost of defense thereof, for any injury to or death of any person (whether employees of either party or other third parties) and any loss of or damage to any property (whether property of either of the parties hereto, their employees, or of third parties) that is caused by or alleged to be caused by, arising out of, or in connection with the vendor's work to be performed hereunder. This release shall apply regardless of whether said claims, demands, and causes of action are covered in whole or in part by insurance, and in the event of injury, death, property damage, or loss suffered by the vendor, any subcontractor, or any person or organization directly or indirectly employed by any of them to perform or furnish work on the project, this release shall apply regardless of whether such injury, death, loss, or damage was caused in whole or in part by the negligence of the County. N. Proposal Submittal 1. The proposer shall submit the proposal on the forms enclosed on the Brazos County web sites. All blank spaces in forms shall be correctly filled in by typewriter or manually in ink and the proposer shall state the prices. 2. If a proposal is submitted by an individual, their name must be signed by them or their duly authorized agent. If the proposal is submitted by a firm, association, or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. 3. The proposer must submit one (1) original and four (4) copies of the proposal to Brazos County. 4. The complete proposal should include the following: a. Completed and signed RFP b. Services and Procedures c. References _.- .._ ... _ 131P,ge Vol.a d. List of Quality of Machines (age and condition of machines) along with the Schedule of Servicing and Maintenance e. List of Selection of Goods L List of Pricing of Goods g. Vendor's licensed certifications or other form of qualification(s) h. HB 89 Form i. Certificate of Insurance 5. By signing the certification below, the vendor verifies that all plans, and specifications have been reviewed and are considered in the pricing in the proposal submitted. O. Summary of Work This section of the proposal shall set forth the specifications for the service and equipment to be used by the proposer. 1. The proposer shall state exactly what types of vending machines they intend to furnish at each Iocation in each premise, including make and model. 2. The proposer must include an itemized listing of foods and/or drink products to be sold as well as pricing for these items. This list should include brand, type, size, price, etc. 3. The proposer must explain the process for handling customer refunds. 4. Describe the implementation process and approximate timeline for Brazos County as a whole and then for each department/location. 5. Optional Offerings — The proposer may describe any optional offerings which it will provide to the County, including any revenue sharing with the county. P. Statement of Services Required l . The vendor shall furnish all labor, equipment, and supplies necessary to provide vending machine services for various county owned/leased buildings. 2. Provide, supply, and maintain drink machines that contains cans and/or 20oz bottle carbonated drinks and bottled water. Drinks shall be varied. (i.e. Coke, Dr. Pepper, diet drinks, etc.) 3. Provide, supply, and maintain snack type machines. Snacks shall be varied (i.e. candy bars, crackers, chips, etc.). All food items shall be packaged under current Health Department standards. 4. Provide, supply, and maintain a healthy option machine (if requested). These machines should include healthier options to include drink and/or snacks. Drink and snack options shall be varied (i.e. flavored water, healthier juices, lower calorie options, etc.). Vol. � 7�'� Pg. 2 - - --- -14 � P a g e 5. Drink and snack options may be periodically rotated as requested by Brazos County. All out dated snacks are to be removed and replaced with fresh items on a scheduled basis. All food items and machines are subject to random inspection by the county. 6. Prices are to remain consistent in vending machines covered by this contract regardless of usage volume at that location. 7. The vending machine concessions described herein shall be for the sale of all food, hot or cold drinks, and other items as may be approved by Brazos County. 8. The vendor shall not provide alcoholic beverages or tobacco items of any kind, at any time, on County property. 9. Each vendor, by submitting a proposal, agrees that if their proposal is accepted by the County and the vendor will furnish all items and services within terms and conditions in this RFP and resulting contract. 10. The type, size, quantity of merchandise, the conditions connected with the sale of such merchandise, and all other relations of the service provider with the public shall be subject to the approval of the County. The prices of merchandise and price changes shall be subject to the approval of the county. The vendor may decrease the price of any item at any time without prior approval if such reduction may be performed without a sacrifice of quality or quantity. Price increases must be substantiated by supplier notices to vender, vendor invoices, or other material documentation acceptable to Brazos County. 11. The vendor may not decrease food and drink portions without the express written permission of the County. 12. The County may require the service provider to remove a vending machine from any location for any reason. 13. The vendor shall secure all pen -nits and licenses, pay all charges and fees, and give notices necessary to do lawful operations of its services described herein. 14. The vendor shall maintain the cleanliness of its own equipment and furnishings will promote an attractive and clean appearance at all times. Vending machines shall be clean, rust -free, and all lights shall be operational. 15. All machines are required to have currency changers. If a food or drink item in any machine costs more than one -dollar ($1), that machine must have one dollar ($1) and a five dollar ($5) changer. 16. The vendor will service all locations as often as necessary to maintain a supply of products and quality service. Vending machines should not consistently run out of inventory. Volo fig. 15�Page .... 17. The vendor shall post a telephone number on each vending machine for complaints and will respond to legitimate complaints within one (1) working day. 18. Vending machines shall meet all ADA requirements. 19. Vendors must be able to supply samples at the evaluation time if the committee requests them to do so. Q. Contract Provisions: 1. This contract agreement may be terminated by Brazos County at any time if the conditions of this RFP are not met or for any reason by providing a thirty (30) day written notice to the vendor. 2. If vendor ownership changes this contract cannot be transferred to the new owner without approval from the Brazos County Commissioner's Court. 3. The vendor shall not prohibit nor discourage County employees, officials, or visitors from utilizing any concession premises for the eating or drinking of items brought on the premises by themselves. 4. Brazos County must specifically approve the change or addition of any vending machines and any revenue derived there from, shall be considered as part of the gross receipts contained in the contract. S. After the proposal opening and prior to the award, the County reserves the right to make a pre - award survey of any or all proponents' food and equipment to be used in the performance of work under this solicitation. 6. The vendor agrees to allow all reasonable requests for inspection of such food and equipment with two (2) days advance notice. Failure to allow such an inspection shall be cause for the rejection of proposals as non -responsive. The County reserves the right to reject food or equipment as unacceptable for performance under this solicitation as a result of the pre -award survey. In addition, the service provider's reputation .of quality or performance may also be used for purposes. 7. The vendor shall commence work only after the transmittal of a fully executed contract and after receiving written notification from the County to proceed. The successful service provider will perform all services indicated in the proposal in compliance with the contract. 8. The County shall not be liable or responsible to the vendor for damage to its equipment or for food spoilage for any reason. 9. Any vending location may need to close for a period of time due to building renovation or other reasons. The County shall not be liable to the vendor for any loss of profit or damages cause by such closure. -- - �— � 16�1'age VOL PgO 10. Upon expiration or termination of this agreement the vendor shall remove all of its equipment, property, fixtures, and fittings within five (5) working days. 11. If, for any reason, the County needs to have equipment moved the vendor shall do so within 24 hours of the County's request, provided that the County provides notice at least five (5) business days in advance. 12. Both parties acknowledge that neither is responsible for adding any additional electricity or water unless agreed upon and documented in writing. All outlets utilized by the equipment shall be 110 volt. 13. Transition Requirements — In the event that the County is terminating one vending machine service contract, in respects of beginning a new one, the newly awarded vendor needs to be able to fully justify a plan to carry out the exchange of service providers. For this reason, the vendor must submit an implementation plan containing all steps and time -frames for all installation of vending machines. This implementation plan will become a part of the contract and must be followed. All vending machines must be ready for operation within five (5) working days of the proposed transition date. Fully describe the installation requirements necessary for your proposed equipment and services and what environmental conditions must be in place for your equipment to be installed and to function properly. 14. In addition, the vendor agrees to exercise its best efforts and cooperation to assist in an orderly and efficient transition to a successor, should it be necessary. 15. The cost for all items sold shall include any taxes, sales or otherwise. R. Commission 1. If the vendor's proposal is one that involves the payment of commissions to the County then the vendor agrees to pay to the County the single overall percentage of gross receipts for the vending activities described within this RFP. The term "gross receipts" as used in the RFP shall mean total receipts before the deduction of any costs or expenses, and except sales taxes. Multiple percentages of gross receipts shall be unacceptable and will render the proposal non- responsive and result in rejection thereof. 2. If commissions are to be paid by the service provider to the County, then payments shall be made to: Brazos County PO Box 914 Bryan, TX 77806 3. Payments shall be made on or before the 15th day of the succeeding month. Said payment shall be calculated by multiplying the gross receipts of the preceding month by the percentage agreed to by the service provider. In addition, said monthly payments shall be accompanied by a written statement showing the amount of gross receipts during the preceding month for each location serviced. Copies of the monthly statements shall be forwarded to the County Auditor's Office at the address previously mentioned. Vol. pg. S. Installation, Training, Testing, and Acceptance 1. Implementation Plan: The County will provide a primary point of contact to coordinate implementation services. a. Vendor will cooperate fully with any scheduling requirements issued by the County. Vendor will be responsible for keeping the county informed of their progress at all times. b. The County shall provide the premises for vending machine equipment to be installed as well as utilities needed for operating vending machines. 2. Liability: Vendor will be responsible for all equipment, material and supplies during implementation. The County will not be liable for any loss or damage during the installation process. All sites shall be left in clean and in working order at the end of each business day. 3. Single Point of Contact: The vendor shall appoint a single point of contact, who will be accessible to the County during the implementation and the term of the contract who will be responsible for all coordination between the vendor and the County. 4. Existing Equipment Replacement: Damages caused by the installation of equipment shall be repaired or replaced at the sole expense of the selected vendor. All damages shall be brought to the attention of the County immediately. T. Company Experience In this section the proposer shall detail its history in servicing clients with vending machine services. Experience should be for work done on a similar scale to that of Brazos County. Experience with a government entity is preferred. The description provided should include enough detail to allow Brazos County to determine whether your vendor has the specified experience and other qualifications. 1. The proposer shall provide a statement detailing any cancellation, default or notice of default for lack of payment of all outstanding payables including rent/fees (over sixty (60] days only) or for any other reason. 2. Has the company been involved in any litigation, sued or been sued; for any reason related to the course and scope of work requested by this RFP? 3. Provide and describe any sub -contractual relationship required for the RFP scope, history of the relationship, division of labor, key personnel, etc. Vol. ..2, pq. - - -- 18JPaae U. Current Locations Brazos County currently uses vending machine with mounted, point -of -sale, card swipe functionality at various County locations. There are nine (9) County buildings that have vending machines, listed below. Brazos County reserves the right to determine if vending machines will be placed in each space or location stated in the vending machine tabulation below and determine what type, drink, snack, or healthy option. Machines and quantities may vary. Current locations are as follows: Location Drink Snack Healthy Number Machine Machine Options of Outlets Brazos County Administration 1 machine 1 machine None, but 6 Building with 8 with 30 has space 200 S. Texas Ave options large slots for one Bryan, TX 77803 Atrium Area —12.5ft X 7 ft Brazos County Courthouse 1 machine 1 machine N/A 2 300 E. 26" St with 8 with 30 Bryan TX 77803 options large slots 41h Floor — 9ft X 7.5ft Brazos County Courthouse 1 machine N/A N/A 2 300 E. 261h St with 6 Bryan TX 77803 options County Clerk Break Room — 4.5ft X 3.5ft Brazos County Courthouse 1 machine N/A N/A 2 300 E. 2611 St with 8 Bryan TX 77803 options District Court — 4ft X 4.5ft Exposition Complex 1 machine Currently None, but 6 5827 Leonard Rd with 8 none, but has space Bryan, TX 77807 options one is for one Right Vending Area —12ft X 3.5ft needed Exposition Complex Currently Currently N/A 2 5827 Leonard Rd none, but none, but Bryan, TX 77807 one is one is Left Vending Area — 5.5ft X 3.5ft needed needed Brazos Center I machine Currently None, but 4 3232 Briarcrest Dr with 8 none, but has space Bryan, TX 77802 options one is for one Entrance 1— I I ft X 4ft needed Brazos Center I machine Currently None, but 4 3232 Briarcrest Dr with 9 none, but has space Bryan, TX 77802 options one is for one Entrance 2— I l ft X 4ft needed 19 1 P a g e Vol Pg. Location Drink Snack Healthy Number Machine Machine Options of Outlets Fleet Department 1 machine NIA N/A 2 1601 Louis St with 8 Bryan, TX 77803 options Break Room — 6ft X 4ft Tax Office I machine 1 machine N/A 2 4151 County Park Ct with 8 with 30 Bryan, TX 77802 options large slots Breakroom — 6.5ft X 4.5ft Juvenile Justice Center 1 machine N/A N/A 2 1904 W State Hwy 21 with 13 Bryan, TX 77803 options Waiting Area — 5ft X 4.5ft CSCD 1 machine N/A N/A 2 321 E 20'a St. #300 with 8 Bryan, TX 77803 options 2°d Floor — I Oft X 5.5ft CSCD 1 machine 1 machine N/A 4 321 E 26`' St. #300 with 45 with 24 Bryan, TX 77803 options large slots 2°d Floor — 8.5ft X 6ft Brazos County Health Department 1 machine Currently None, but 6 201 N Texas Ave with 8 non, but one has space Bryan, TX 77803 options is needed for one Front of Classroom — 8.5ft X 3ft EV614 aPg. A5�- V. References Respondent shall provide a minimum of five (5) references that your firm has serviced for within the last three years, preferably for local government entities. Brazos County reserves the right to check references prior to award. Any negative responses may be grounds for disqualification of the proposal. Brazos County checks references by email. If an email is not accurate and we are unable to check that reference, it may affect the score of the response during evaluation of this solicitation. 11 Reference One Client Name: Point of Contact Name: Telephone Number: Email address of Point of Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: Client Name: Point of Contact Name: Telephone Number: Email address of Point of Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: ._ _.. 21IPage.. v-i- Pg. Reference Three Client Name: Point of Contact Name: Telephone Number: Email address of Point of Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: Reference Four Client Name: Point of Contact Name:: Telephone Number: Email address of Point of Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: V61. Pg. -..._ _ 22Iha-e Client Name: Point of Contact Name: Telephone Number: Email address of Point of Contact: Total annual gross of project: Key staff assigned to the referenced project that could potentially perform under this solicitation: W. DEFICIENCIES AND DEVIATIONS FORM Following is a listing of ALL deficiencies and deviations from the requirements and/or provisions as outlined in the proposal. Unless specifically listed here, your response will be considered to be in FULL compliance with the proposal. Respondent assumes the responsibility of identifying all deficiencies and deviations and if not identified, all requirements of the proposal stipulated must be fulfilled at no additional expense to Brazos County. 23-IPage X. CONTACT FORM Vendor should include the name(s) of the person(s) authorized to negotiate with the County. This information should include email, phone number and position in the company. Company Name: Authorized Company Representative for Negotiations: Position/Title: Contact Phone number: Contact Email: Authorized Company Representative for Negotiations: Position/Title: Contact Phone number: Contact Email: Authorized Company Representative for Negotiations: Position/Title: Contact Phone number: Contact Email: Y. Addenda The undersigned acknowledges receipt of the following - addenda issued during the time of solicitation and includes the several changes therein in this proposal. No. No. No. Date Date Date 24Page E::::: &M Z. Certification of Proposal The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other proposer, and that the contents of this bid have not been communicated to any other proposer prior to the official opening. Signed By: Typed Name: Company Name: Mailing Address: Title: P.O. Box or Street City State Zip Employer Identification Number: CORPORATE SEAL IF. SUBMITTED BY A CORPORATION END OF RFP NO. 19-019. By signing below, Brazos County agrees that this RFP 19-019 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Court Date: Attest: Brazos County Clerk Vol, 25 1 P a g e _. Pg• r I AA. Proposal Evaluation Waiver By submitting a proposal or response, each proposers/offeror indicated below agrees to waive any claim it has or may have against Brazos County (the Owner), Architect, Engineers, Consultants and their respective Commissioners, directors, employees, or agents arising out of or in connection with (1) the administration, evaluation, or recommendation of any proposal or response (2) any requirement under the Request for Qualification or related documents; (3) the rejection of any proposal or response or any part of any proposal or response; and/or (4) the award of a Contract, if any. The proposer further agrees the Owner reserves the right to waive any requirements under the proposal documents or the Contract Documents, with regards to acceptance or rejection of any proposals, and recommendation or award of the contract, Note: The Statement of Affirmation Must be Notarized. Statement of Affirmation "The undersigned affirms that he/she is duly authorized to execute this waiver by the person(s) or business entity making the proposal." Firm's Name: Address: Proposer's Name: _ Position/Title: Proposer's Signature: Date: Subscribed and sworn to me on this day of in the year Notary Public My Commission expires 'fib;w _3---TZZ.... _ _'g. 26 f' a g e BB. House Bill 89 & Debarment Verification Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity_ and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently: and 2. Will no boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. `Boycott Israel" means refusing to deal with, terminating business activities, with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Authorized Company Representative: Address: Signature: Date: .. ._ 27{Page Va.3 Pg., Br-az ;_o n Pure h., 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4291 FAX (979) M14293 July 1, 2022 Pepsi Co 1801 Shiloh. Bryan, TX. 77802 Re: Renewal of Contract #23-014R, for Vending Machines: previously known as 22-014SR and 19- 019. Brazos County appreciates the work provided by your company and would like to exercise the renewal option for Vending Machines. Pepsi -Co — Drink Machines Accent Foods — Snack Machines All terms, conditions, and pricing shall remain the same. This renewal will be for one year from October 22, 2022 through. October 21, 2023. To accept -the renewal option, please fill out the information- and sign below. Return the signed documents by email to sdubec@brazoscountym.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) 361-429.4 Contact Name: Tide:.. ski• E-Mafl: l .r�rl., .¢�: i.e•K.eW'� �r d'y'. ..t. Telephone: . Pepsi Co . =° Authorized Signature Date O O 3o jaa Duane Peters, County Judge Date VoL lia] BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: CC2022 Final Plat The Meadows Road and Bridge NUMBER: Ph 2 Blk 1 Lot 1R-Replat of Lots 1 and 2 DATE OF COURT MEETING: 8/30/20" ITEM: Approval of the Final Plat of Block 1, Lot 1 R, The Meadows Phase 11(2) being a replat of Block 1, Lots 1 & 2 The Meadows Phase 11; 2.299 Acres; C. Raney Surrey, A 201 and A. Miller Survey, A-165; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 08/23/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT $0.00 ATTACHMENTS: File Name Description Plat Application- Application for Development The Meadows PH2 Blk 1 Lot 1 R.pdf Final Plat The Meadows Ph 2 Blk 1 Lot 113- Plat 10570034-RP 2022-08-11.pdf i Backup Material Backup Material e so 1 @L;;L Duane peters Date County Judge VoLj )--/ pg. _ _ Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822 2127 Fax (979 775-0456 Email: plats0brazoscount&xtoy PLAT APPLICATION PROPERTY INFORMATION APPLICATION DATE': RESUBMITTAL: ❑ YES ❑ NO PROJECT/SUBDIVISION NAME: The Meadows Phase Two Replat PROJECT ADDRESS OR LOCATION. 1100 & 1152 Millican Meadows Circle LEGAL DESCRIPTION: Lots 1 & 2, Block 1, THE MEADOWS PHASE TWO. Brazos County, Texas. (Deed: 146351152)(Plat:146351152) IF RESUHMJTTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 2 1 TOTAL ACREAGE 2.299 JURISDIC71ON: ❑ CITY LIMITS l:.1 College Station ETJ ❑ OUTSIDEALL CITY LIMTTS AND BTJs • Notification of Application completeness will be given withIn 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire Iva (6) yeer9 from the Application date of the project MASTER PLAN SIMPLIFIED PLAT PRELIMINARY PLAN l ❑ FINAL PLAT I U AMENDING PLAT I LJ REPLAT 1 ❑ RESIDENTIAL I (I MANUFACTURED HOME ❑ COMMERCIAL 111 RENTAL COMMUNITY ❑ OTHER (Please wglain): IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD KWRD AREA? ❑ YES ❑ NO AdotoWedgmenl: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Demc;ments are considered reasonable and accurate for regulatory purposes and we based on the hest available s&ntft end engineedn9 data On rare oorgskm greaterttoods can and will occur and flood heights may be Increased by man-made or natural causes. Issuance of a Floodplein Pam* in accordance with the Brazos Courtly Flood Damage Prevention Ord'urance does not imply that Development outside the areas of special Paod hazard wig be fray from flooding or hood damage. Issuance of a permit shall not cmate liability an the part of Brazos County or any officer or employeeof Brazos County in the event flooding or floors damage does occrr. WILLANY CONSTRUCTION OCCUR IN TXDO7 RIGHT-OF-WAYS? ❑ YES 0 NO COUNTY ENGINEER ❑ ADOBE (.pdf tile) ❑ AutoCAD (.dwg fife) (Ernail To: plats@b(azosoounb br.90V) 911 ADDRESSING []ADOBE (.pdf tile) ❑ AuIoCAD OM fete) (Email To: oisCrDbrazosaountybc.00v) CONTACT•' ' • voi. pg. ,, ... ,. .:ry.rr. v..»...J,_t.... ,e. ......J ., ._.0..... :... :. ...^ n,r: �. ., ..5?..ei.. ,1 ..,.:i�Y:'�:ir.•':t.:i(r�:':r}syFi'i:: .,'::':. ..1..r1"Y,{+:'.,',:l"r. 4. ytj"yi Sri-;:;f:•v%i?f$' r ::,;r::�:i.•::v ,:.i..., .�f :, ;:':t �?,.: t,:.,l: .. t..l, .:..f `::.i;i•-Ji:: ..., .: i.., ...ip:�=??i:.'ri`°fii �1 _. 1. ., ... �!'•C•., .:N,c;f..r :.¢':.tr: y:rir:: : l:ii+:••:;;.,;;:: s�._... .n.,.. '`•i<f:"•• <'to:::. _.!.id[':^.:LJ,. '. ..:?:7i=�ii.:y<�iCj.:;n:r,, • LICANTd F RM O.Ny; a,.t, :la:..:,,,.,,.,wlr}:;r �„ .....n.:d-:�::r...:.:,.,r,„ y. i::.,,:a'f,'•5:�,,;r:. •..1,, ::'r• '" ,.rru; .,N,y:s,;;.• . ,:(.,,�,a;, � 13>_r,.;.�F?:.,, : MC L. .. .. .� ... ...:�T.(...... .. r, .....:: :nv:. .r..-,:./.• .:5..: .: ^i. t.. i>,S �:r�'Y°� - .:.•.:..,.•.<..;, .= +.. ,:. :,_:4._:...:>r,J kJ_.:•.,:..�J�:•.r':.,..i,.�::.r..:_.:,r.S:,•...,.'..,G:wXG:::.e::::r.1...T:a.li::.,?:.r:Y:rt{Gfi,_!.vSri'-is7::r:?i:::::_/.,.:)!y^il`•'?•F'�' R[1`r ii?Jl:.,i, ..s�l:iii :• .+irtvL^.::::_i FIRM NAME: RB Meadows, LLC CONTACT: John E. McFarlane, Jr. ADDRESS: 1301 Rock Barn Road STE 500 CITY: College Station STATE: Texas ZIP: 77845 PHONE: 979-595-5151 FAX: EMAIL: jmcfadane@rockbarncorp.com . ,}.;.,F .::.,..:.•,;d.�,•`,i'i:CC:iiit;:Y;??+;,e,:v �r;,.,:;;•,•.>:ii:i+i• � � ::,?�::>:::.:-: ;,.:_ .:; ::...:':.:..✓,,': Y.::::.. w;••.::::.-:....... ....s r :. f:.: .,?'•:r'•+�.... ,:,:..:::Ei •,: .. i,.5;: ..:Ili , 7J:: •:: �•:y.:.; ,.e:!e:::� �•:: `•{�•� 2::)Sr S R�EYO 1NEORMATIOPf.: :..:..,t. .,.,:,:?:., :.i,,. ;::ii:-:::-a:;....: • , . r... ..,»..;s..,.,. , ,....,:a::?r..........: py' • ii::::....... ... • f •r..:t,� ' .: r. •.N.�r e} .. FIRM NAME: McClure & Browne Engineering/Surveying, Inc. CONTACT: Gregory Hopcus ADDRESS: 1008 Woodcreek Drive, Suite 103 CITY: College Station STATE: Texas ZIP: 77845 PHONE: (979) 693-3838 FAX: (979) 693-2554 EMAIL: gregh@mcclurebrowne.com <:QTNERlNF:ORMATiON•;:;:i:-:.. t,•;� a•,u?.,:� •r..r,,.,i:.•:,•.-�i.:;.:•, i ,..y: r.� :... ?:t•+:T::.r:::::.::,: ,r..:'.•i.:.;� S i:..•,;:...:.!: '::.. �,}:�; �}•::.:.:: •..+�!l';'ii'"'i:;" � ;ii'�?: c:::� ":'::r'•:::' ,,;.... . .,...�.,_ ,.:,..,....• ...:;r}c:r;:v,•:Gr:: :•:::::;:: :Si!i. :rri2t:-': fi:r•:....,,:�..s........:...._,.:,_,.............,...:..:_,:,................,....,:..,......:........,,5...r,,....:..:J.;.::f:, n�. r•..r::.r::r.':,•::,..,.:.::.,•1.::':t!e:.-....,..:r,..+...i,.. ..:: :: FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: By mysgnattu% I derby eam 0t I em the propemi owner of record, or if the Apptieent is on 019animU011 or business e", that authorization to represssst the owner, organhAon or busUtess in this Appltcation, t certify that the pteoe ft information M complete end hasbeen granted =orate. and it is Understood that I agree to the DavetopmeN/SubdW%on of this property. sIGNATt1RE RIWWNAME John E. McFarlane, Jr. DATE (0 - -Z? • 2 MataTunkI PRIWM NAME: DATE By weft this timr, the owner of dse property eutt &Qs arazos County to WO procoe** in e000rdamoo wsth the process for This Wype of Or tiffs Appilmdon. The owner further admowtedgw that subntission of an AgWcation door not in any way abrigete AmOcalion indxatod an page Oto epprovo the DD loation and that � may makCOWY e a nn21 dee151on does rmt cant make c9rigin loth the ons � nme�tion tbn, the ca fiefs fellow Rust Co may not mr mmeNatian MASTER PUW: No C barge SIMPURED PLAT: $100 PREUiMNARY PLAN: $160 * $10 per tot I __— - i FINALPiAT: $200+$20Pet lot I AMENDING PLAT: $100 REPLAT: $200 DATEAPAUCATiONRECEIVED:.,__I„_,,, 1— DATEAPPUCAMON RECEIVED! REJECTED: ! f _ stGNATURe I SIGNATURE: I Reatipt of ibis Application by Brazos County does not provide confirmation or eccepW" of a emrnplete Appueatlon, nor does it vratve I regUivemersfs for any additional fntormallon not contarned W. part of this AppllersUM %tkb may also be needed as a part of the review process, Application Check List: Copies of finished plat with corrections (if any): ❑ Three (3) hard copies to Brazos County ❑ One (1) .pdf copy to Brazos County ❑ One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District ❑ One (1) hard copy to Brazos County 911 ❑ One. (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health District - For On -site sewage evaluation. ❑ Letter from Brazos County 911- For Road names. ❑ Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application In the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is riot finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. SIMPLIFIED FINAL-. " Every Simplified Plat shall Include all of the following: [l Title Block with the following information: {� Name, address,telephone and small address of Subdivider, recorded Owner, Engineer and surveyor. El Proposed name of Subdivision. (Subdivision name 8, Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) Q Date of preparation. (include the date of any revisions on the plat.) [] Engineer's scale in feet. [i Total area intended to be developed. (� Proposed number of Lots to be developed. Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. [1 North arrow. [] Drawn on 240 x $60 sheet to scale of 100-feet per inch or larger. El Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. El All horizontal control and vertical elevations depicted on the plat shall be tied to NA083 and NAVD 1988 Datum. El A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to Identify the'locetion of the proposed plat. [] All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. [�] All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Right -of -Way width for all Roads. (Existing and proposed) [] Ali existing and proposed plat boundary lines, phaselsection lines, and Lot lines with bearings and dimensions. 0 Utility Services. (Water, wastewater, electrical, natural gas. cable, phone, etc.) �] Pipelines: label company with volume and page, (] All certification language as found In Appendix C. (] Easements and rights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found In Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duty acknowledged in the manner required for acknowledgement of deeds, shall also be provided. [] All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. [.� Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or Included as a plat note. Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available date. (Shown on drawing; not separate description) 13 All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT 'Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernstene Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights -of -way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor (RPLS) before the plat is rat recorded. U Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. 0 The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. Q The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified an the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). [] If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. [� BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. El A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (6) feet outside the perimeter of the Building, or two -feet above the BFE, whichever Is higher. 0 if any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. ❑ A separate drawing containing both existing and proposed topographic information at 2-FT contour Intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). ❑ The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. ❑ If any Lot within the plat will be served by a well or an On -site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On -site Sewage Facility (OSSF) Regulations, Construction Standards for On -site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. , Vol: �%�- Pg. a 70 ❑ If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter 0 Rule §290.41. ❑ if rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. ❑ If any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix GA regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. ❑ It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ❑ Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. ❑ If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT Is required prior to approval of Final Plat. ❑ The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. ❑ The Owner shalt provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. ❑ Any Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks. Subdivision identification signs, etc. shall be maintained in accordance With an executed license agreement between the County and the Owner. ❑ This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. ❑ Location and size of ail existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. ' MASTER.PLAN.I.PRELIMINARY PLAN, REQUIREMENTS ' Every Master Plan / Preliminary Plan shall include all of the following: ❑ Title Block with the following information: ❑ Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor, ❑ Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) ❑ Date of preparation. (include the date of any revisions on the plan.) ❑ Engineer's scale in feet. ❑ Total area intended to be developed. ❑ Proposed number of Lots to be developed. ❑ Abstract name and number. ❑ The Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ONLY ❑ North arrow. ❑ Drawn *on 24' x 36" sheet to scale of 100-feet per inch or larger. ❑ Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. ❑ All horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. ❑ A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. ❑ Ali adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. ❑ All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. ❑ County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ❑ Road names and Road designation (whether the Road will be public or privately owned), pavement width and Right-ot Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) ❑ All existing and proposed plan boundary lines, phaselsection lines, and Lot tines with bearings and dimensions. ❑ Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) ❑ Pipelines: label company with volume and page. ❑ The Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. ❑ Size, in acres, of all Daughter Tracts. ❑ Centerline tangent lengths and curve data for all proposed Roads. ❑ Easements and tights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. Vol. Pg. J-7P- ❑ All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. ❑ Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plan note. ❑ Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision Is a part, according to the best available data. (Shown on drawing; not separate description) ❑ Primary control points or descriptions and ties to such control points, to which, later, all dimensions. angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which It is a part. All boundaries shall be tied to a County control monument. ❑ The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. ❑ The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. ❑ The location, zone classification and panel Effective pate of the 100-Year Floodplain as Identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). ❑ If there are any areas within the plat that Include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. ❑ 8FE-s shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. ❑ A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12-Inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two -feet above the BFE, whichever Is higher. ❑ If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. ❑ A drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). ❑ if the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part i, Chapter 290, Subchapter D Rule §290.41. ❑ It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ❑ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. Vol. -���� pg. ❑ If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TXDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from'TxDOT is required prior to approval of Final Plat. ❑ For Road widening and drainage purposes the Owner shall dedicate the Right -of -Way. to the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private 'drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located Within the Right -of -Way. ❑ indicate the centerline length of each Road in the proposed Subdivision and Its design speed. ❑ If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. ❑ Locations of existing and proposed private alleys. ❑ Locations of existing and proposed public areas, ❑ Locations of other public Improvements, including but not limited to parks, schools and other public facilities. Q The location of proposed cluster mailboxes, as required. ❑ Aii proposed Off -site Easements for infrastructure construction must be shown on the Preliminary Plan. ❑ Proposed phasing. Each phase must be able to stand atone to meet requirements of these Regulations. ❑ Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. ❑ if the proposed Preliminary Plan is to be a Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, °A Private Subdivision". Refer to Article 8 for additional requirements. ❑ This check list along with the required copies or the plan shall be submitted to the County Engineer for approval. ❑ Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. ❑ Drainage narrative in compliance with the BCEDG. ❑ Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On -site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. F[NAL PLAT APPLICATION REQUIREMENTS` F gr Final Plat must include all of the items provided on the Simplified Plat cheollist as wait as the foliowina• , ❑ For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, It shall be located outside of the Right-cf-Way In a private drainage Easement. In the case of drainage that is provided for the Roadway, It shall be located within the Right -of -Way. ❑ If public Roadways are to be built as part of the plat, the plat note ,regarding the responsibility for construction of Roadways as found In Appendix G.3 shall be placed on the face of the plat. ❑ The plat note regarding Owner's responsibilities as found In Appendix G.4, If not contained in the Owner's dedication. ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ❑ If more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. If the Roads within the Subdivision will be ❑ appropriate note(s) ate no(s) per the requirements of Article 8it of these Regulations.ely maintained. include the ❑ Locations of existing and proposed private alleys. ❑ Locations of existing and proposed public areas. ❑ Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. ❑ Ail Off -situ Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. ❑ Proposed phasing. All phasing shall be In accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. infrastructure costs should be separate for each phase of the Subdivision. ❑ Location and size of all existing and proposed subsurface and surface water drainage facilities. including water bodies on or immediately adjacent to the subject property. ❑ If the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. ❑ In the case of an On -site sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On -site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. Vol. pg. a7_ __ s "s. t--------r------_— d--_ 1,11 ! p�, '�`' � S°NS'Jv$ailc%.` `tQ �. �r IS.LL� N•n�nL� .—. .—.—.—.—.—.—.—.}.-� .�n.�..—.—.— uwF.•—•—Z �WYo ti h IJ •—• 1Y LLc� ICY eye 6aM .—.—. .—.—.—.—.�..r. x—.- 1 N°yy • MWnO 11 i Block -1 tl. � r(• r ct �e r f�P tt_'991 -v "ww-w- SEspp p•M (J77.YY J�� O yLAaG �ueo— ard, J'SJ } ORIGINAL PLAT ,,�,� a ,te LOIS I & 2. BLOCK J. 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A-I0e5 (LPAZOS L1PlRIlfY IEYAS a.arrn+.b�r+n 4 w1 M�.W ✓� 2n22 Vol. Pg. t2- d BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2022-ROW-Sand Creek Road- Roberts-1.564 DATE OF COURT MEETING: 8/30/2022 ITEM: Acceptance of Special Warranty Deed from Waiter and Christina Roberts for 1.564 acres of land to be used for the improvement of Sand Creek Road. Site is located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 08/24/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Right of Way Acquisition 56001000-80710000 /4TTACHNIENTS: File Name Descriptors Tape SWD-Sand Creek Road-Roberts-1.564- �.P I! ROW -Special Warranty Deed -Sand Creek-Roberts-1.564 Backup Material ROW Acquistion Agreeemnt- Send Sand Creek Road-Roberts-cc.pdf ROW -uisition Q Agreement -Sand Creek-Roberts-1.564 Backup Material O _ (301 ate. E - Duane Peters Date ' �'9• County Judge :'.7• is NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE Qk STRIKE ANY OR ALL OF THE.FQLLOWING INFORMATION FROM Y INS�'RUMENT T�IAT TRANSFERS AN INTEREST IN'REAL PRk)PERTY .: BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER Sand Creek Road Special Warranty Deed THE STATE OF TEXAS § KNOW ALI; MEN § BY THESE PRESENTS: COUNTY OF BRA:ZOS § GRAIN 9R(S): '.'!Walter Roberts and Christina Roberts' Grantor's Mailing Addtess: • 3300.$and Creek Road Bryan, Texas 77808 GRANTEE: BRAZOS COUNTY, TEXAS Grantee's Mailing Address: 300 East 26th Street Bryan, :Texas 77863 Consideratron: . Tea and-No/100 dollars ($10.00) and other good and.valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Property.(including "y improvcments): All -that certain lot, tract or parcel of land being 1.564 acres situated in the ANDREW J: LBWIS SURVEY, Abstract No.154, Brazos County, Texas and being a part of ; ti}ose two certain cedled 20.10. acre tracts as described Iri •two separate deeds from , Bryan B. God4oe and Alysha C. Godfrey to Walter Robins and Christina Roberts.of record in Volume 7730, Page 168 as tract one and tract two and in Volume 7466, Page 79 as tract one and tract two, Official Records of Brazos County, Texas, said I -.564 acre tract being more'particularly described by metes and bounds description as shown in Exhibif"A" attached hereto and made a part hereof f9r-a11 purposes. Reservations from and Exceptions to Conveyance and Warranty: There is hereby EXCEPTED and RESERVED from this conveyance, and retained in .favor of the Grantor, their heirs, executors; administrators; successors and assigns, in perpetuity, all of the oil, gas, liquid hydrocarbons, residue gas, the products and by- products of the foregoing, sulphur, coal, lignite, uranium, and all other minerals in, on or under the hereinabove described property; provided, however, Grantor, their . heirs, personal representa6ves,,nxecutors, successors and assigns shall have no right of ingress and egress at any times for the purpose of mining, drilling, exploring, operating and developing said lands for oif, gas, and other minerals or for storing, removing, transporting, processing or marketing the same there from. This reservation and exception shall, however, include the dghtof Grantor, its successors and assigns, lo, grant leases on the property to develop same by directional drilling, pooling, unitization, or subsurface gasification, of liquefaction processes. Notwithstanding anything herein to the contrary, the Grantee shall have the right to use, without additional compensation, any stone, earth, gravel, caliche, iron ore or any other road building matedid upon, in or under the property for the construction and maintenance' of road ar roads thereon, *such mateiria% for the Our of this conveyance, being herein defined as not constituting "other minerals." This conveyance is made and accepted subject to any and all conditions, restrictions, if any, relating to the hereinabove described propertyto.the extent, and only to the extent, that the same may ME be in force and effect, shown of record in the office of the County Clerk of Brazos County, Texas. Grantor, for the consideration and subject.•ta the reservations from and exceptions to conveyance and warranty, grants, •sells and conveys to Grantee the property, together with all aced siagnclar the rights and appurtenances tine ego in any Wise belonging, to have and hold it to Grantee, Grantee's successors or assigns forever. Grantor binds Granturand Grantor's heirs, executors, administrators, and successors to warrant and forever defend A and singular the properly. 10 Grantee and Grantee's successors anIId assigns against every person who lawfully clafthing or to claim the same or any port thereof, by, through, or under Grantor, but. ' not othehvise, except as to the reservations from and exceptions to conveyance and warranty. When thecontext requires, singular nouns and pronouns include the plural, Executed.this _ WalterRob Christina Roberts STATtOF TEXAS.:.: § COUNTY OF BRAZOS This, instrument was acknowledged before me on: , vws7 .. Z 3 zon ' by Walter.Roberts. JOE V. SALVATO - " No Public, Sioto of Tors .... Comm. Expires 04.18•Ra9S Notary ID 11409179 N6r. i't1blic, State of Texas STATE OF TEXAS § COUNTY °QF, BRAZOS This instrt ment was acknowledged before me on 2o2.2 by Christina Roberts. JOE V. SALVATO '""• -Notary futft State of Texas . � Comm. Expires 008-2023 N ` Public, State OTekas ;•, ,• :,': Notary1D ltees171i 1722 Broadmoor Ste.105 C.TRON Bryan, Texas 77802 Phone: (979) 776 -- 9836 q r Fax.(979) 731 OQ96 FIRM NO.10093S.OQ Email: curds@strori8swvcyir}g.eom EXHIBIT "A" SHEET 1 OF 8 BRAXOS COUNTY RIGHT OF WAY WIDENING ALONG SAND CREEK ROAD BEING 1.564 ACRES, OUT'OF THE WALTER ROBERTS ET UX CALLED 10.10 ACRE TRACT VOLUME 7730, PAGE 168 -- TRACT ONE CALLED 10.10 ACRE TRACT VOLUME 77301 PAGE 168 -- TRACT TWO CALLED 10.10 ACRE TRACT VOLUME 7466, PAGE 79 — TRACT ONE CALLED 10.10 ACRE TRACT VOLUME 7466, PAGE 79 4 TRACT TWO ANDREW J. LEW!!S'SURVEY, A' 454 BRAZOS COUNTY, TEXAS SEPTEMBER 21, 2020 All that certain tot, tract or parcel of land being 1.664 acres situated in the ANDREW J. LEWIS SURVEY, Abstract No:154, Brazos County, Texas; and being a part of those two certain Called 20.10 acre tracts as described 'in two separate deeds from Bryan B. Godfrey and Alyshe C.. Godfrey to Walter Roberts and Christina Roberts of record in Volume 7730, Page 168 as Tract One and Tract Two, and in Volume 7466, Page 79 as Tract One and Tract Two, Official Records of Brazos County, Texas, said 1.564 acre tract being more particuiarly described by metes and bounds as follows: BEGINNING at a point located in Sand Creek Road (Possible Prescriptive. No Deed found.) for the most southady corner, said comer being the most southerly comer of said Called 10.10 acre tract as descn'bed in Volume 7730, Page 168 as Tract One, - !HENCE N 4 h4'1W W through tNe Occupied right of way of said Send Creek Road and along the southwest lie of said Called 10.10 acre'tract as described in Volume 7730, Page 168 as Tract One at a &4mce of 15.53 feet passing a 9° fence comer post found In the Occupied northwest right of way line of said Sand Creek Road for the most easterly comer of the Jason Ray Seymour Called 499.36 acre tract as described fit Volume 980, Page 19,2 and continuing for a total distance of 26.25 feet to a 112" iron rod W, ith leap set %r the most wrestedy comer,•a 1° pipe fence comer post found for. the most westerly corner of said Called 16.10 acre tract as described in Volume 7730, Page 168 as Tract One bears N 4801411 So W a distance of 1063.77 feet, THENCE N 41°50136" E across said Called 10.10 acre tract as described in Volume 7730, Page 168 as Tract One a distance of 401,60 feet to a 1!2" Iron rodwith cap set-in *the northeast fine of said Called . 10.10 acre tract as described in Volume 7730, Page 168 as Tract *One for angle comer, said corner• also being located in the southwest line of said Called 10.10 acre tract as described in Volume 7730, Page 188 as Tract Two, a SMO iron rod found for the north comer of sold Called 10.10 acre track as described In Volume 7730. Page 168 as T1135.01 e of feet; 17Z2 Broadmoor Ste.105 TRONG Bryan, Texas 77802 q Phone: (979) 776 0 9836 URVEYING, LL - Fax: (979) 731 " 0096 FIRM INTO.10093500 Email: curtis@strongMmeying com i, EXHIBIT"A" SHEET 2 OF 8 THENCE N 38004'16" E across said Called 10.10 acre tract as described in Volume 7730, Page 168 as Tract Two a distance of 405.13 feet to a 112" Iron rod with cap set in the northeast line of said Called .10.10 acre tract as described In Volume 7730, Page 168 as described es Tract Two for angle corner, .said comer also being Iodated in the southwest line of said Called 10.10 acre tract as described in Volume 7466, Page 79 as Tract One, a 6/8" iron rod With cap stamped "RPL.S 450'2' found in the Occupied northwest right of way line of said Sand Creek Road bears S 48014'28° E a distance of 30.53 feet, a 5/9' iron rod found for the most northerly comer of sold Called 10.10 acre tract as described in _Valume 7730, Page 168 as Tract Two bears N 48"14`28" W a distance of 1034.61; THENCE N 42°09'16 E across said Called 10.10 acre tract as dascribed in Volume 7466, Page 79 as Tract One a distance of 405.48 feet to a 1127 iron rod with cap set in the northeast line of said Called 10.10 acre tract as described in Volume 7466,'Page 79 as Tract One for comer, said corner also being located in the southwest line of said Called 10.10 acre'tract as described in Volume 7466, Page 79 as Tract Two, a;.6/8" iron rod found for the north comer cf said Called 10.10 acre tract as described in Volume 7466; Page 79 as Tract One bears N 48'15'08" W a distance of 1035.32 feet; THENCE N 42009'16" E across said Called 10.10 acre tract as described in Volume 7466, Page 79 as . Tract Two a distance of 405.00 feet to a 1/2" iron rod with cap set in the northeast One of said Called .10.10 acre tract as described in Volume 7466, Page 79r.as Tract Two for the most northerly comer, said corner also bring located in the southwest line of the Gilbert R. Schorlemmer at ux Gaited 10.10 acre tract as described in Volume -10991, Page 198, a I pipe fence comer post found for the most northerly comer of said Called 10.10 acre tract as described in Volume 7466, Page 79 as Tract Two bears N 48"16'40' W -a distance of 1035.89 feet; THENCE S 48015'40' E along the northeast line of said Called 10.10 acre tract as described in Volume 7466, Page-79 as Tract Two and the southwest fine of said Gilbert R. -Schorlemmer at us Called 10.10 acre tract a distance of 49.36 feet to a point located in said Sand Creek Road for the most easterly comer, said corner also being the Calculated most.easterly comer of said Called 10.10 acre tract as . described In Volume 7466; Page 79 as Tract Two, said comer also being the Calculated most southerly corner of said Gilbert R. Schodemrner at ux Called 10.10 acre tract, a 518" iron rod with cap stamped "RPLS 4502" found in the northeast Ifni of the Gilbert R. Schorlemmer et ux Celled 10.10 acre fact and the Occupied northwest right of way line of said Sand Creek Road bears N 39022`25° E a distance of 405.96 feet; THENCE S 416644 6" W along the southeast line of said Called 10.10 acre tract as described in Volume 7466, Page 79*as Tract Two and through the Occupied right of way of said Sand Creek Road a distance . of 405.00 feet io a point for the Calculated most southerly corner of said Called 10.10 acre tract as` described in Volume 7465, Page 79 as, tract Two for angle corner, said Comer also being 4he Calculated mast easterly corner of said Called 10.10 acre tram as .described iri Volume 7468, Page 79 as Tract One, a 5/8" iron rod tiMh cap stamped QRPL.S 4502" found in the Occupied northwest right of way tine of said Sand Creek Road bears N 48°15'08" W a distance of M.36 feet; 172-7 Madmoor Ste.105 p 7 TRONG Bryan, Texas 77802 a Phone: (979) 776 — 9836 URVEYM �9 LLC Fax: {979} 731 — 0096 FIRM NO.10093500 Email: curtis@strongsurvoying.com Vf EXHIBIT "Al' SHEET 3 OF 8 THENCE S 47 45213" W along the southeast line of said Called 10.10 acre tract as described in Volume. 7466, Page 79 as Tract One and through the Occupied right of way of said Sand Creek Road a distance .- of 405.18 feet to a paint for the most Calculated southerly comer of said Called 10.10 acre tract as described in Volume 7466, Page 79 as Tract One for angle comer, said Comer also being the Calculated most easterly comer of said Called 10.10 acre tract as described in Volume 7730, Page 168 as Tract Two; THENCE S•�1°52'27" W along the southeast line of said Called 10.10 acre tract as described In Volume 7730, Page 168 as Tract Two and through the Occupied right of way of said Sand Creek Road a distance of 404.29 feet to a point for angle comer, said comer being the Calculated most southerly comer of said Called 10.10 acre tract as described In Volume 7730, Page 168 as Tract Two, sold corner also being thei Calculated most easterly comer of said Called 10.10 acre tract as described in Volume •7730, Page 168 as Tract One; THENCE S 41 "60'41" W along the southeast line of said Called 10.10 acre tract as described in Volume 7730, Page 168 as Tract One and through the Occupied right of way of said Sand Creek Road a distance of 403.60 feet to THE PLACE OF BEGINNING CONTAINING AN AR.'OF 1.564 ACRES OF L4ND MORd OR LESS, according to a survey perfonned on the ground during'the month of June, 2020 under the supervision of H. Curtis Strong, Registered Professlonal'Land Surveyor No. 4961 and working under Firm No.10093500. North Orientation Is 'based on rotating the northwest line of said Called 10.10 acre tract as described in Volume 7466, Page 79 as Tract One to grid north, NA083(2011)epoch 2,010.00 Texas State Plane, Central Zone'as derived by GPS observations. For other information see accompanylrig plat .'. P Vol. :' .�[Y 9• �-` .. • ... 'North•Ogren#ottbn'Is.•bosed on:rotpt flieshitr! t i>; acre` '- haves w'ilfie;;ai fha=••Criged= ID.tD, ` .' •,. � '"-• •• . • .. • -` i:: � frdef :as iwselitiei 4—VoG,T.466;.P tich 2Dl0 �' g:L•p9'�:�'rdCY,.ond•.:1b:rCiild�R!otth.�t�A093f2b11 �•�° �=k: _ ��'= r•° --• ��YY�+ :3T?2`aniB;S�'�B�flt'S:' .olti. .04--by•'is11ArJng. CAPS: mbfhods: O Oenatos o •1/2" Iran 'rod t�9R�GFAX' wJih cap etar�lped 'RRLS 496f set.' FAX •Oils, eslcitnd eaaeme(Ms •and'/or : uligmL Ila$ mqy not . be shmiin .an 'this lnt. p i°' PJPe •RlineQ Gooier' Po f. Fe d toy glib" waet coiner ID.iD. A : Walter :Roberts 'if ex, :. Called* 10.10• Ac. 7 730/166'- Tract One !• ~ F ' • . � Jason Ray 5oynioei` . ` Wed ;499.35 Aa, .: 46014'1W W 1063. `` ;:•9810lt ';.... •. ;t:- aNE HE'-. otiE' :. `•oliE ° .•e 0}{1� .--�:-:: o s OHi~. ~'�`" OH:...::. 1 :: •.. - : - 'ONE , :OHE (Colh •P! 41P2&24" W' .I090.02' Tatoll, N 48944W, W to.7 ' N 4I'Sd"36' E 403.S0` ?5 Fence Cor . N 481�i713 W Crrr .499.36 •. Ac r ' aI5° 53' 'II4 Aim i6 ett •Y- ' Sctid'-Cre®k stood tPosslEite t escr! tiee�'Alo•Dead ••b::': S 41160'4' W 40'J.SOi ' h p P endjY 0:01h• S 44"46�1" W 403.13W) ' . •. •• ', .. �r� .. '+ \� , f.` may' ,�. � G ••Ti .Lw.•�i an. _ . • • - .. _ _ _ BRAM M •C®V ` 9-� { , • .J}+ .�J•. . •r: tiE. oIIE ,°otit: 'oft 614t: `�----,OttE=' = li�u�H'. ��: w7! _ , • r ALA 9G SAND CREEK R6/�D BBNC.15 4 ACRES d g � ... '' .._. .. . dennlPOr��t:�=Co4ton - Jvistdt©r ,• ,.. ,. , • • "` F Called. ll i ..Acres (.' Ca!!e6 3s J3 A e b� b �E a t1791/185 ER T S ET UX r; 1 tract, 2; 1179V185 - Tract 3 ��� •Rot:4362/1 .. Rvf:4362u4 .CAM 'IO.�m vowm E. MOP PACE 1� 1Cjr.ob E. . r 0.792 Of One. —Acre, 8ehlad Fence VC�L�J %%3®s PAGE 1� o TRACT TWO 772 Oi' O s Acre W11hhi Ettictin RO Acre .Total CAUM imia .ACff TMACT - ... :.. :.dr. ONE VOLUME 7466, PAGE 79:: 7MACT'IWO Prot b,H. CurUd,aS1fc»g, 0?egistereil;es�lo ANPR9f J. LENS SURVK.A•154' not• :L' vltderveyat; Noy , 4961' da - i Hereby' �eerttty=�ihdt;ths�aliave' tat:se (( o a�J� C9Vi�'ii� '�(�S ' _ r, Rp p?aseafsnthe;�resti t's• oi•q n•:Ihe� r= a•. _ °+ - ,sS•v `9ioisrd ' Partotmgd'"under?my tisapeivtstoa teniitq t e inanih:Vof 'June, 20 bnd'Js •tnitrcAd ,coiract.tb: the:.besf `oP y� _ ; Q. �. ' m EtnoiVtedgec- ;� Sheet 4 of '8 . _�* • p 6' 6/0• Iran Rod Fad. North Corner Coiled 10J0 Am M:. •- - _ - _ it! tit - 3.. ' Ili w N N U) _ Wolter Robaris 'et• ax Waller Roberts at ex 't in Called IOJO 'Ac: x Caged IOJO Ac, 7730/160 - Tract Two ° �•773O/166 - Tract One Id ONE ' SHE --tj N CA -HE OHE' ONE DHE OHE' OH1>. t N 3t3.04'l6- E INE 405.13' OHE N 4P5O 38' E 402M, , Aire-F1564 ' ` ..... - — - �• .�- -� .. - �, Q.4 --- -- 1564 Asti catg S .VMY41- W.. 403.50' . Kalb S 44.4614' W 4p3.8411• Sund' Creels Rood'iPossible Prescrlpflue. No Dead Foundl S 41082'27" W 404.29' - — - - ' (Coll: S 44114563P W 404.2901 .— — OHE OHE '---4 g ONE ONE - OHE WE OHE HE O I! w W ' n or H. Coildn 2 Jan Called M93 Acres s Z 11791/185 - Tract 3 v v i` Refi4362/4 Sheet. 5 of 8 :,• , 5/8' 'Iron Rod` Fnd. North l�Z3i Corn » "• '• r r� Called-•.IO.10 AC. .�. 6 a . M: N'• 4016 e M..' aE H .a :tom ..... t - -- - . ...... ........ . - •w w' • fn :a}• .1 :F tl r"R'• 0 6o is• f 'o� �•jlft Gb�led' lOaO• �Ac: � . .. .. aft r:••ReborQa: •Q4 Ua• .,: -.MD/168 ' Tract' Two' Called (010. Ac. X•z TI 7466/79 • • Tract ' 'Ono.. , ;• . _05.t3': Oi{E;` ODIE,. M`420916 E:' •QiO5.1FP • "° e. S• 48°l-'2W E 30.5W,__ TV . - :•T :'. • :;,_ .' . 'Y5 ' Tea.: :`�/.l� "Won':l7bd` 1RilCc _. ; c n?. • 'RPLS'�45b2 •end. • ' S 41°52'27•. W 404.29•.. :. „ ? = •r Send -Crick:* Road IPaSS1610 Presort ve. . o We W „• 405_IS' •`.,(Call: S'44 46'3t` W 404.29'( o n ed Plt d, F 6 dt' S 41 5213', •" - �, Cail :40.4.7311 :y Y j -t •:A �.rA1�.. .V^Y-.!•. -(', a '�ls� '• •. • - ... " - • • Li• 't �a� OHE �OHE 'rObiE - OHE OHE OHE' ' OHE . ••(• �j • i - •F 1. �•. r • - ram.. x. 'n Fe . i<i. • r n -Colt, ra ,l �•z Z , .. ••CBl16d' 36:93 •AereII • .. ,,,.,., 11�91/185..:Trocl 3 z Z _• Q: Ret.4302/4. • .t 'i: � :� fir'' .' ` a•'' .. s�: a f- - i� 't Sheet -6 of 8i z o- i A;. r: HltO: 3H0. ---- MHO3H0. ' 3HO.:r 3HQ ;a YY ',•RF 1 'f 5' R` { S' . • t ' .t,L!'S0ti . , HI{ :{E.9i►.bb; S:. I1o31 •� � � �� _ ., • ... . - ' .. ' • 5. . . .. ' • ,• : I.fci"?Y'"•O""ti` —' 'M-' .£8ti,S- wHo3! 00'904 M 8L43.It►•' S 1Puno� Pas oNa!Q!ssodi 'Auua • ??'puaS , f .. •.el'SOb :All+£LZ8'.Ib 5• ' '� s tr u� 0 a ° 3 _ . RR �uaP 1� ... pei . .> r•v t: �• ' .00'SQb.: 3 r9160 Z .. d :r a,• ' - J r 3 Q 1 n M' u II CI - { r . - - a oM1 .loci .'ZV Oros Palio3. MHO: >tris{iagna:, JogoM s .,AV 01'01 `Pol103 `•r Y '"N N o1 m rrt •j: : ar. :m In i Ist� a N ti _• Y •t pq .. A 'oV 01*01 P8110 .JOUO3 1 :a^ :.s .:ieec 3 _ i h w- I" •Plpo • F®Qcu Corner. Post Fnd. 1 North Corner 10.10 At. Treat in CAP C CU N 'WaNar ' Roberta 41 '•uA u,i 611berl" O. ' 8chorlommer of ux ' -` Celled - 10.10 At. "'Colled 10.10 At. i466/i9 - Trout Two o 1Q991/198 • _ 0�9 �, " N 42 0916` E 405.oCr OHE OHE:OH OHE --- ONE oHE ONE ACM Tli1Q;$ 1 ,.�. ;• _... .. �._. << _ 4.. _- _ ....' _.Y , ...�. __._ _- S 46.1&'40- E 49.36' . S 41'84•!E3" W 408,OQ' .....:.. ..,... , . .. �, •'• �• •, (Call: S 44.46'31" W • 40&.R�! Sand Creek Road Iftealble Prescrlpliva. We Deed Found) 51W Iron Rod W/Cap r . 'RPLS 4502' Pod. E ONE WE: •---- OHE ..OHE OHE "^---- OHE % OHE Of E OHE .� W W Wluram 4. Davis at ux J J Called 44.7013 At. Mary Nollo Armstrong' 15391/112 Called 33.284 At. EV— F 9364/233 Mix sheet a of 8; Vol. P9, ." DEPARTMENT: Road and Bridge DATE OF COURT MEETING: ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name Private Property Access - William L. Davis IV Sand Creek Road - Roadway_Culvert Replacement.pdf 8/30/2022 BRAZOS COUNTY BRYAN, TEXAS NUMBER: CC 2022 - Private Property Access - William L. Davis, IV - Sand Creek Road - Roadway Culvert Replace Request permission to enter private property owned by William L. Davis, IV on Sand Creek Road in order to replace roadway culvert and perform earthwork to improve drainage. Site Is located in Precinct 2. Commissioners Court Darrell Kolwes 08/22/2022 False False $0.00 Description Type Private Property Access - William L. Davis, 1V - Sand Creek Backup Material Road - Roadway Culvert Replacement APP12 g(�o(aa Duane Peters Date County Judge E2Pg.Vol ��:L 6r;,i �•�A� �4C ... 1 �•�[tP •�tt .. PRIVAMPROPERTY ACCESS FORM E. Ouano Peters Brazos County Judne Pmehana eanerjl, P.E„ CFM Brazos County Road b Bridge Dept. stove PJddeh 2617 Hwy 21 West Commlcslaner Pd i : Bryan, .Taze577803 ' Office; 97M22.2127 Russ Ford , :Far. 970-775.0453 . CommimloflerR6t 2 Nancy Berry .' CommisslonarPet. 3 Imm Gainey CommiWoner Pat. 4 I. 'OWNER(S):' William L. Davis, IV (979) 676-1491 11. ADDRESS: 9004 Stonebrook Drive College Station, Texas 77845-8376 111. LOCATION.OF WORK: 880 feet northwest of Red tipple Lane Property ID 14752 — A. Babilie Survey, A-74, Tract 5, 44.738 acres IV. DESCRIPTION OF WORK: Enter private property to replace roadway culvert . pipe and to repair erosion at the end of culvert pipe crossing under Sand Creek Road. Work will require the County to perform earthwork and clear any vegetation necessary. Rock' riprap will be installed jo 'prevent erosion. Temporary fencing will be installed around work area and replaced ' upon completion of work. Additional Comments: , V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above -mentioned private property for roadway maintenance purposes. Owner's Si natu.. !J c :9 Date. G� William L. Davis'. IV 7 Vol: d . .p�• i 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 08/23/2022 REQUESTOR MIKEL STEPHENS ADDRESS 2807 APPLE CREEK CIR BRYAN TX 77802 OWNER NAME MIKEL & SANDREY STEPHENS PROP ID# 107091 REFUND AMOUNT $209.56 REQUESTOR KANTESSA CASTILLO ADDRESS 211 W 23Rb ST BRYAN TX 77803 OWNER NAME DVINE CUISINE LLC % CASTILLO WILLIAM & KANTESSA PROPID 349308 REFUND AMOUNT 1$7.94 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT RE UESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOI 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 STEPHENS MIKEL & SANDREY 2807 APPLE CREEK CIR BRYAN TX 77802-2904 PROPERTY DESCRIPTION Legal: MARGARET WALLACE, BLOCK 17, LOT 8-11 Address: 2503 EMERALD DR , Account # 107091 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2021 Taxpayer's reason for refund: OP -Overpayment REFUND TO: STEPHENS MIKEL 2807 APPLE CREEK CIR BRYAN TX 77802-2904 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 Payment Date Amount Paid Refund Amount Requested 06/30/2022 $1848.88 $209.56 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 istrue and correct." P. Signature Date Phone ti 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 e tax re fu is [ provedIgroved Authorized fficer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Vol. 3 -)L-- Pg. iyl� TAX RECEIPT 07/07l2022 09:57AM KRISTEEN ROE, CTA PH# (979) 775-9930 - BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK C.T BRYAN, TX 77802 PAID BY: CONFIDENTIAL OWNER 2807 APPLE CREEK CIR BRYAN, TX 77802-2904 Receipt: Number 3161518 Date Posted 06/30/2022 payment Type P Payment Code Over/Refund Total Paid 51,848.8E Property ID '-Ge0 _ _ _ _ - Legal Acres _ Owner Name and Address 107091 .641000-0017-0080 .0.0000 CONFIDENTIAL OWNER - 2807 APPLE CREEK CIR Legal Description _ BRYAN, TX 77802-2904 MARGARET WALLACE, BLOCK 17. LOT 8-11 Situs _ DBA Na_ me 2503 EMERALD OR , Eritity. Year_ .Rate • .Taxable Yalue Stmt# Void_^- Origirial Tax D_lscnts - P&I AtT Fees - Ov_eiage Am_ount'Pd; Z REFUND ENTITY 2021 0.00060 0 145589 N 209.56 0.00 0.00 D.00 0.00 209.56 BRAZOS COUNTY 2021 0.49350 139,559 28085 N 344.36 0.00 0.00 0.00 0.00 344.36 CITY OF BRYAN 2021 0.62900 139,659 28085 N 438.91 0.00 0.00 0.00 0.00 438.91 BRYAN 1SD 2021 1.22680 139,559 28085 N 856.05 0.00 0.00 0.00 0.00 856.05 IJM88 Balance Due As Of 06130/2022:-209.66 Tender Details _ Description"-" - Amount. Check 4045 1848.88 1848.88 Operator Batch - tmoore 41949 (07107/2022TM) Special Condition EWsts for this Property Page:1 - - Total Paid 1,845.88 Receipt issued In Accordance with Sedlon 31.075 of the Texas Property Tax Code APP_t4CAMO.N_F0I-TAX- MFUND� Collecting Office Name Brazos County Tax Office 41S1 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS DVINE CUISINE LLC % CASTILLO WIWAM & KANTESSA 211 W 23RD ST BRYAN TX 77803-3207 PROPERTY DESCRIPTION Legal: BUSINESS PERSONAL PROPERTY ---- - Address:- 211 W 23RD-STA, Account # 349308 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2021 Taxpayer's reason for refund: OP -Overpayment REFUND TO: CASTILLO KANTESSA 211W23RDST BRYAN TX 77803-3207 Collecting Toxfor: (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 Payment Date Amount Paid 07/31/1022 $943AS Refund Amount Requested $7.94 Sign below and return form to the Brazos County Tax Office. "1 hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." .� g 115 1 _ Signal, Date ( alg " Z'.ip 'a Phone # Email Address if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony underTexas Penal Code Section 37.10. TAX REFUND DETERMINATION tax nd is Approved ( ]Disapproved 1,30162-a, Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 3L11 Tax Code Authorized Officer Signature Date Vol. � Po• . TAX RECEIPT 08/03/202210:07AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: DVINE CUISINE LLC % CASTILLO WILLIAM & KANTESSA 211 W 23RD ST BRYAN, TX 77803-3207 Property-lD_ Gee ' ' - - ' ' " _ Legal Acres_ 349308 �;892009 0000-1586 10.0000 -"-'- - - Legal Description . ..... - BUSINESSPER_SO_NALPROP_ERTY_ Situs ._ DBA Name 211 W 3RD STA , DVINE 66181NE L[C Receipt 3163226 Date Posted _ WI31I2022 Paymeht Type __ P Payment Code _- Over@grund Total Paid _ S943.45! -Oiiner Name and_A_d_d_re_ss_•_ DVINE CUISINE LLC - - - % CASTILLO WILLIAM & KANTESSA , 211 W 23RD ST BRYAN, TX 77803-3207 Entity Year_ Rate T_ ax_ahle_ V_a_lue__ Stmt # Void _ Or_igihai_Tax Disc_nts P&l ' _ Att-Fees ' Ov_erage Arnount•Pd; - _ _ Z REFUND ENTITY - 2t121 -0.00000 0 t45639 N- 7.91 O.OD 6.00 0.00 0.00 7.94 CAD BP 2021 0.00000 0 38332 N 3.14 0.00 0.67 0.56 0.00 4.27 BRAZOS COUNTY 2021 0.49360 26,677 38332 N 131.65 0.00 23.70 23.30 D.OD• 178.55 BRYAN ISD BP 2021 0.00000 0 38332 N 31.09 0.00 6.60 6.50 0.00 42.19 CITY OF BRYAN SP 2021 0.00000 0 38332 N 15.94 0.00 2.87 2.82 0.00 21.63 BRAZOS COUNTY BP 2021 0.00000 0 38332 N 12.51 0.00 2.25 2.21 0.00 16.97 CITY OF BRYAN 2021 0.82900 26,677 38332 N 167.80 0.00 30.20 29.70 0.00 227.70 BRYAN ISD 2021 1.22680 25,677 38332 N 327.27 0.00 58.90 57.93 0.00 444.10 943.45 Balance Due As Of 0713112022; 4.94 Tender ----- Detalls ' - - - Description _ _ _ _ Am0 nt`I Credit Card CC XX-2208 Conv.Charge 0.00� _ 943.45 943.46 - --- V0..1. ���' Pg. .. - --- - Operator Batch _ imoore 42252 (PNfr CC Internet 08022022) Special Condition Exists for this Property Page:1 Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Code Y;tal Paid 943.45' T.,Atw.11^tnc. BRAZOS COUNTY, TEXAS BUDGET AN ENDN ENT(S) FOR THE 2021-2022 BUDGET YEAR NO.21/22 45.01— 45.09 On this the 30th day ofAugust 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 B. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 30th 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 amendments) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 30th day of August 2022. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: -).s Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No, 21122.45.01 8/3012022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners! Court -Non Capital Commissioncrs'Court -Non Capital Departmental Sqpport Expenditure 960.00 Commissioners! Court -Non Capital Constable Precinct 3 -Non Capital De artmental Support enditure 960.00 Constable Precinct 3 - Non Capital To reallocate Surds for bullet resistant vest purchase for Constable Pct. 3 IF." p k�i ata. : >>,•!• '' �, ::7 " �' 8d4/20 2 :4;_�`" � •C,oOnfj/•;luii• ��A ., royal. {�"�'.;��`.� a'� ;�.'D.a�e3 �v::,�: Vol. -•�%aZ P9• 22L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122.45.02 813012022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Exposition Center - Administomtion DERartmental Support Ex onditure 3,625.00 General Fund Exposition Center - Adwinistamtion Departmental Support Expenditure 075.00 General Fund Exposition Center - Adrninistaration Contractual Services Expenditure 6,375.00 General Fund Exposition Center - Administamtioo Contractual Services B enditure 3,625.00 Exposition Center - Administaration To reallocate funds to cover expenditures through the end of FY 2022 4a t4 Y' a bip 0 10-mm ! xv, i 8 41 Q2 4 •� �t li `° � i ,,�1X,.. n . ,kk,, v7�,; 1/�}�'� 0ff u' t —'I ,�d:�•- E: ;C Gnty J,uu�''� - rov"aiftw��,��� :�`��' .'.Da`f << !tit BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 -45.03 8/30/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Capital Im rovementFund Commissioners' Court- Cpital Departmental Surt Expenditure 5,015.20 Capital ImrovementFund 361stDistrietCourt -Capital Capital Outlay Expenditure 5101520 r 361 st District Court - Capital To realleate funding to correct the funding and create an asset for an item purchased for the 3631st Audio Visual upgrades. 4�} ti Dater;; Y`', il2022 ai 77 > County:ludge�Qpptotial rt %O :D'ate Vol. P9. a-q9 r- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122.45.04 8/30/2022 FUND .NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 28 500.00 General Fund Fleet Shop - Heavy Equipment Repairs and Maintenance Expenclimm 28400.00 Fleet Shop -Heavy Equipment To reallocate funding to cover equipment maintenance for the remainder of FY 2022 AN p b �:h afe`t!`.Iai'n<e �;wR.B12412022 von. pQ• . •Zi :� •emu '' w ,. �,} '• �I _ { !' • R S'. a • .'�, , yam., + la �� 's`=rwb'ts , t�'`sc�o'Z ,ltc�'� x�n• c� a xry. --s< . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 45.05 8/3012022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 14.000.00 General Fund Exposition Center - Administration Repairs and Maintenance Expendiftim 14.000.00 Exposition Center -Administration To reallocate fending to cover diesel and gasoline expenses for the remainder of FY 2022 y S a ray ^ r �, Op�z��sc;'��.g�:=, • .,:fir•"-,.. 8/24/2022 �. CoutttyJitd`g`eApproval. Dated ct,3.-ga 0 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122.45.06 813012022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Health and Life Insurance Group Insurance - Fund Administration Contractual Services Expenditure 475.00 Health and Life Insurance Group Insurance - Fund Administration Departmental Support cnditure 475.00 Group Insurance -Administration To reallocate funds for bank service ebarges incurred for the flex.and retiree health insurance bank account transactions for the remainder of FY 2022 ;rCountSi Judg`@ `naval �"U c pats we vol. 2 22== Pg. BRAZOS COUNTY, TEXAS. BUDGET AMENDMENTS No. 21122 - 45.07 B130/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners' Court -Non Capital Commissioners' Court -Non Capital ContractiaiServices Expenditure 1.00 Commissioners' Court -Non Capital 272nd District Court -Non Capital Departmental Support Expenditure 3.387.58 Commissioners' Court -Non capital 272nd District Court -Non Capitol Professional Services Expenditure 3588.58 272nd District Court -Non Capital To reallocate funding for the 272nd District Court audio visual upgrade project CIP 22 514 �; .�;� y: e j'ti. •r r r''i. �1;yii—""-.--; g--�'i�:;;j; Y: c* +i :'r Y����ir a.�� kn., rip�t;,' zrgi5 `1,.• 44t �lP WAo/ T . s 4c . ' ' # ` € r`8/2412t722 Apbtdvali�,: M BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 21122 - 48.08 8/30/2022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Commissioners' Court - Non Capital Commissioners' Court -Non Ca ital Contractial Services Expenditure 910.00 Commissioners' Court - Non Capital 361st District Court - Non Capital Departmental Support Expenditure 7.478.80 Commissioners' Court - Non Capital 361st District Court -Non Capital Professional Services Expenditure 8,388.80 361st District Court- Non Capital To reallocate funding for the 361st District Court audio visual upgrade project C1P 22.514 Date::•' x . , -_ ... ��q °. h'rt k4li0212 15Y /Cz r1 Coun} r�Jit1e APProvat _ _ Date BRAZOS COUNT, TEXAS BUDGET AMENDMENTS No. 21122.45.09 8/3012022 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Health and Life Insurance Group Insurance - Fund Administration Contractual Services Euenditure, 10,000.00 Health and Life Insurance Gmup Insurance - Ftmd Administration Professional Services Expenditure 10.000.00 Group Insurance -Administration To reallocate funds to cover the USI contract for the remainder of FY 2022. �'� �.4• � Ci w? C X�a � it � �y �,�t�l ,.,��[� Date•' �s : - n a �, s; u'c. �`; H124120 Vol. pg. ter, �, `a� � ••ae • •eyv �Ftg?l� _.A'•::i..s4uY�..0 ...ef-rss ' �`���Cotiiityr':Jui(�e��!PP>'oval�";�-�„`r y� '�;,��bafe�'•��v Personnel Change of Status ( Aug 25, 2022 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 08-30-2022 Human Resources Consider and Take Action on Change Employment a yN � 'Depar>mentNa eyk , a •Y s pp Sst_ io � . rF��ra� . ,.J. i +t. i"fY - �` � . P� ogee Name , 7 ) j vT• .'°X!', i+ Sheriff Office - Jail Administration Chambers, Keyshawn Sheriff Office - Jail Administration Gonzalez, Jose District Clerk Archival Saldana-Luna, Yamile* Sheriff Offlce - Jail Administration Stegall, Loretta Sheriff Office - Jail Administration Tytlanna, Ellis "`ru+ 'P'.sb,3r`'.i'•S _.' aC�.0 t�Tq t+•:.+''��.. t� �``n .e _ +<...e.:A-F,,B ^.i, r S ,..'z'6,t 4t i y6 ++y,+.yv Separations Departmen tNa mpioyee•ryamez'i�". r Juvenile Services - TJJD - Pre & Davis, Caroline Post Adjudication Juvenile Services - Detention Foote, Taylor County Judge Hearen, Garrett Juvenile Services - Academy - Perez Contreras, Edgar Community Based Tax Assessor - Collector - Rivera -Palma, Vanesa Administration Facilities Services - Administration Admini'✓stration Roach, V1�nf1 9Charles 4, A 1 �n wk {t d Approved in Commissioners' Court: 08-30-2022 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 08-30-2022 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Request Applies To Action Requested Sheriffs Office — Admin Bachmeyer, Brian Change of Status Wilhelm, Ashley Change of Status Sheriffs Office — Jail Young, Rashawn Change of Status Approved in Commissioners' Court: 08-30-2022: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. " Pg. -��