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2023/01/10 REGULAR SESSION 10:00AM
11 BRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JANUARY 10, 2023 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.CONUBRAZOSCOUNTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Presentation and discussion of cost increases associated with the County contract for various aggregates for the Road & Bridge Department by Charles Wendt, Purchasing Agent. Consider and take action on agenda items: 4 - 20 4. Approval of the following reappointments to the Brazos County Emergency Services District #3 with a term period of January 1, 2023 - December 31, 2024: • a. Jerry Merker • b. Bill Milberger • c. Rusty Lewis - 5. Approval of the following Job Description: • a. Misdemeanor Defender (Texas Ind_Went Defense Commission Grant) 2080 hours (Code B0132) 6. Approval requested from Constable Pct. 3 to accept the Bullet -Resistant Shield Grant in the amount of $18,778.80 from the Office of the Governor. 7. Approval requested from the Sheriffs Office to accept the FY2023 Bullet -Resistant E ' 9Y7 Pg. Shield Grant from the Office of the Governor, Public Safety Office Criminal Justice Division in the amount of $127,469.40. 8. Approval of the following Amended Travel Policy effective January 1, 2023. • a. Mileage $.655 9. Approval of the I nterlocal Cooperative Agreement between the City of Bryan and Brazos County Sheriff's Office - Detention Center to provide housing of inmates. 10. Award of RFQ #CI P 23-558 Brazos County Administration Building Feasibility Study. Recommended Award: PlanNorth Architectural Co. 11. Approval of the Amending Plat of Garrison Creek Subdivision Phase 3 to correct line table information. See attached sheet 2 of 2. Site is located in Precinct 2. 12. Acceptance of a Special Warranty Deed from Rachel Raborn Norris for 0.44 acre of land to be used for improvements on Old Reliance Road. Site is located in Precinct 2. 13. Approval of the Treasurer Report for November 2022. 14. Tax Refund Applications for the following: Overpayments • a. Glen Jason Masters 111 - $62.00 • b. Curtis J & Nicole M Dahl - $33.72 • c. Crystal S iv - $71.39 • d. Curtis & Candace Jackson - $56.75 Payment in Error • e. Christopher Neaves $3,050.76 15. Commissioners Court minutes for the following dates: • a. December 06, 2022 - Regular Meeting • b. December 13, 2022 - Regular Meeting • c. December 20, 2022 - Regular Meeting • d. December 28, 2022 - Regular Meeting 16. Budget Amendments. • FY22/23 Budget Amendments 14.01 -14.04 17. Personnel Change of Status. • a. Personnel Action Forms • b. Employment & Separations 18. Payment of Claims. 19. Convene into Executive Session pursuant to the following on three (3) separate properties: • a. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • b. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • c. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. — 20. Consider and possible action on Executive Sessions. E 3 9 7 Pg, _ 21. Acknowledgment of FY 2022-2023 Budget to Actuals by Fund as of January 4, 2023. Acknowledgment of FY 2022-2023 Contingency Budget to Actuals as of January 4, 2023. 22. Juvenile director's report on detention population. 23. Sheriffs report on inmate population. 24. Announcement of interest items and possible future agenda topics. 25. Call for Citizen input and/or concerns 26. Adjourn. Vol.3 97 pg. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COMBRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. F2 �7 Pg. MINUTES JAN UARY 10, 2023 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, January 10, 2023 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, 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 Aldrich 2. Call for Citizen input and/or concerns Mike Southerland advocated on behalf of the establishment of a Veterans Court in Brazos County. Mr. Southerland requested that the Court provide an update on the status of setting up a workshop to begin the process. He shared that in his experience, Veterans are taught not to complain about their issues directly related to their military service and not to ask for help, preventing them from receiving the necessary mental health support that they need. Lonny Masterson also asked that the Court schedule a workshop regarding the establishment of a Veterans Court. Mr. Masterson requested that the workshop be Vol. :3 97 pg. 1 separate from the discussions surrounding a Mental Health Court due to the drastically different services he claims would be provided. He stated that the Veterans Court would be of no cost to the County due to available grant funding. 3. Presentations and/or Discussions • Presentation and discussion of cost increases associated with the County contract for various aggregates for the Road & Bridge Department by Charles Wendt, Purchasing Agent. Purchasing Agent Charles Wendt gave a presentation on the cost increases associated with the contract for various aggregates. Mr. Wendt stated that on average there has been a twenty percent increase due to inflation on construction material. Commissioner Aldrich questioned whether the numbers suggest a recent downward trend in costs. Mr. Wendt responded that it depends.on the commodity and fluctuation of fuel costs. He added that the Purchasing Department has begun rewriting bids to compensate for fuel cost fluctuations. Commissioner Aldrich and Judge Peters thanked .Mr. Wendt for his presentation. Consider and take action on agenda items: 4 - 20 4. Approval of the following reappointments to the Brazos County Emergency Services District #3 with a term period of January 1, 2023 - December 31, 2024: • a. Jerry Merker • b. Bill Milberger • c. Rusty Lewis Motion: Approve, Moved by Commissioner Nancy Berry; Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Approval of the following Job Description: • a. Misdemeanor Defender (Texas Indigent Defense Commission Grant) 2080 .hours (Code B0132) A copy of the job description is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Approval requested from Constable Pct. 3 to accept the Bullet -Resistant Shield Grant in the amount of $18,778.80 from the Office of the Governor. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 7. Approval requested from the Sheriff's Office to accept the FY2023 Bullet -Resistant V®I. 3 9'% Pg. L Shield Grant from the Office of the Governor, Public Safety Office Criminal Justice Division in the amount of $127,469.40. A copy is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of the following Amended Travel Policy effective January 1, 2023. • a. Mileage $.655 A copy of the amended policy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of the I nterlocal Cooperative Agreement between the City of Bryan and Brazos County Sheriff's Office - Detention Center to provide housing of inmates. A copy of the I nterlocal Agreement is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 10. Award of RFQ #CIP 23-558 Brazos County Administration Building Feasibility Study. Recommended Award: PlanNorth Architectural Co. Commissioner Berry asked where PlanNorth headquarters are located. Purchasing Agent Charles Wendt responded that they are housed in Brenham, Texas. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded RFQ #CIP 23-558 Brazos County Administration Building Feasibility Study to PlanNorth Architectural Co. A copy of the bid tabulation and contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of the Amending Plat of Garrison Creek Subdivision Phase 3 to correct line table information. See attached sheet 2 of 2. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Acceptance of a Special Warranty Deed from Rachel Rabom Norris for 0.44 acre of land to be used for improvements on Old Reliance Road. Site is located in Precinct 2. Vol. 3 k% Pg. 7 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Approval of the Treasurer Report for November 2022. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for November 2022. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Tax Refund Applications for the following: Overpayments • a. Glen Jason Masters 111 - $62.00 • b. Curtis J & Nicole M Dahl - $33.72 • c. Crystal Siv - $71.39 • d. Curtis & Candace Jackson - $56.75 Payment in Error • e. Christopher Neaves $3,050.76 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Commissioners Court minutes for the following dates: • a. December 06, 2022 - Regular Meeting • b. December 13, 2022 - Regular Meeting • c. December 20, 2022 - Regular Meeting • d. December 28, 2022 - Regular Meeting Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Budget Amendments. • FY22/23 Budget Amendments 14.01 -14.04 14.01 To recognize revenue for Sheriff's Office Bullet Resistant Shield Grant. 14.02 To recognize revenue for Constable Precinct 3 Bullet Resistant Shield Grant. 14.03 Reallocate Capital funds to various departments. 14.04 Reallocate Capital funds and Contingency funds for Facilities Services. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 17. Personnel Change of Status. • a. Personnel Action Forms • b. Employment & Separations A copy of the Personnel Change of Status is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. Payment of Claims. Claims 8119756 — 8119853 9006569 — 9006604 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 19. Convene into Executive Session pursuant to the following on three (3) separate properties: • a. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • b. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. • c. Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. At this point, the County Judge announced the Court would consider items 21 through 25 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:22 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.072 for the three items as stated above. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel . Katie Conner, Auditor Kimberly Roach, Intergovernmental Liaison 20. Consider and possible action on Executive Sessions. At 10:58 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. Vol. 397 Pg. I 21. Acknowledgment of FY 2022-2023 Budget to Actuals by Fund as of January 4, 2023. Acknowledgment of FY 2022-2023 Contingency Budget to Actuals as of January 4, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of January 4, 2023. 22. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 36 juveniles in the detention center, 27 are male and 9 are female, and 31 have electronic monitors. 23. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 649 inmates in jail, 559 inmates are male, 90 are female, and 63 have electronic monitors. 24. Announcement of interest items and possible future agenda topics. There were no announcements. 25. Call for Citizen input and/or concerns Patrick Baca stated that he will continue pursuing the establishment of a Veterans Court in Brazos County. Mr. Baca shared that he feels this is a necessity for local veterans and does not understand why the process to get the program started is so difficult. He added that the success rate of the program is 97 percent and could save lives. Commissioner Ald rich said he forgot to mention during the announcements portion that the VG Young Institute is hosting the Seminar for Newly Elected County Judges and Commissioners this week at the Texas A&M Hotel and Conference Center. 26. Adjourn. Voi. pg. /O The foregoing rnintites: of the Commissioners Court Meeting held JanuM 10, 2023, have been examined and are approved in open Court this 7t" day of Pebruajj 2023; in Bryan, Brazos County, Texas. Duane Peters County Judge .01010 Steve Aldrich Commissioner, Precinct 1 Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commis aner, Precinct 3 Wanda Wats Comm�Ssiott ', Precinct 4 Attest: SAL �& Karen McQueen County Clerk Vol. fib' P9. �� Pg / of . BRAZOS COUNTY COMMISSIONER'S COURT DAY OF Name (PLEASE PRINT) Organization (PLEASE PRINT) �� 0DenE EV012.3�7 pg. Pg !2—of 3 BRAZOS COUNTY COMMISSIONER'S COURT -DAY OF Name (PLEASE PRINT) Q �-V-e- tKit-, (1-,> 6:5 L, qi) tg A(l�- Organization (PLE/A�ASE PRINT) d 11 f,4U-� , l�v (2q_�f uc lS )0(Sb Vol. 397 Pg. 13 Pg 3 of 3 BRAZOS COUNTY COMMISSIONER'S COURT sA• • W.` . Name (PLEASE PRINT) LLLAIA ?AA� b4i'm IV,uA 2�vt� G"5 ?llall"tf Organization (PLEASE PRINT) -Ch R, t- tz co , �-"," k,64� rnwi n, pg. Line # 1 1 2 2 3 4 6 7 9 9 10 11 11 12 13 13 14 14 15 15 4 �C -a UD Various Aggregates, Cold Mix & Other Road Materials Analysis of cost differential from contract prices 2022 vs. 2023 Estimated Cost Percentage Quantity 2022 2023 Difference Difference Total Cost Impact 10,000 Flex Base - Item 247, Type A, Grade 1- Bobtail Del. $ 32.00 $ 34.48 $ 2.48 8% $ 24,800.00 20,000 Flex Base - Item 247, Type A, Grade 1- 80,000 # Del. $ 23.10 $ 25.57 $ 2.47 11 % $ 49,400.00 2,500 Cem Treated Base (Plant Mix) - Item 276, Class M, Type A, Grade 1-2- Bobtail Del. $ 47.25 $ 53.00 $ 5.75 12% $ 14,375.00 2,500 Cem Treated Base (Plant Mix) - Item 276, Class M, Type A, Grade 1-2- 80,000# Del. $ 40.00 $ 46.50 $ 6.50 16% $ 16,250.00 5,000 TxDOT 330 Type I, Grade AA, Course Base $ 103.65 $ 127.75 $ 24.10 23% $ 120,500.00 4,000 TxDOT 330 Type ll, Grade CS, Medium Surface $ 103.65 $ 128.75 $ 25.10 24% $ 100,400.00 2,000 Aggregate Tx DOT Item 302, Type D, Grade 3 SAC-B (Limestone) $ 56.25 $ 65.00 $ 8.75 16% $ 17,500.00 2,Q00 Aggregate TxDOT Item 302, Type D Grade 4 SAC-B (Limestone) $ 57.25 $ 64.00 $ 6.75 12% $ 13,500.00 1,000 1 1/2" Limestone Backfill Agg.- Bobtail Del. $ 37.00 $ 53.28 $ 16.28 44% $ 16,280.00 2,000 1 1/2" Limestone Backfill Agg.- 80,000 # Del. $ 28.50 $ 38.13 $ 9.63 34% $ 19,260.00 750 Limestone Screenings- 80,000 # Del. $ 24.00 $ 25.19 $ 1.19 5% $ 892.50 500 3 x 6 Aggregate- Bobtail Del. $ 36.50 $ 52.10 $ 15.60 43% $ 7,800.00 1,500 3 x 6 Aggregate- 80,000 # Del. $ 26.00 $ 25.99 $ (0.01) 0% $ (15.00) 500 Washed Concrete Sand- 80,000 # Del. $ 16.80 $ 18.36 $ 1.56 9% $ 780.00 3,000 Cement Stabilized Sand- Bobtail Del. $ 29.70 $ 38.64 $ 8.94 30% $ 26,820.00 7,000 Cement Stabilized Sand- 80,000 # Del. $ 27.35 $ 36.00 $ 8.65 32% $ 60,550.00 750 Riprap, Type R- Bobtail Del. $ 47.00 $ 72.85 $ 25.85 55% $ 19,387.50 1,250 Riprap, Type R- 80,000 # Del. $ 43.00 $ 46.83 $ 3.83 9% $ 4,787.50 750 Riprap, 12"- Bobtail Del. $ 47.00 $ 72.85 $ 25.85 55% $ 19,387.50 1,250 Riprap, 12"- 80,000 # Del. $ 45.00 $ 52.58 $ 7.58 17% $ 9,475.00 Avg. Unit Price Avg. Unit Price Average Estimated Total $ 43.55 $ 53.89 23% $ 542,130.00 Difference $ 10.34 Percentage Difference +/- + 23.7486% BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Jerry Merker to the Brazos County Emergency Services District #3 The term of this appointment is January 1, 2023 through December 31, 2024. D e Peters Date County Judge Vol. 3 8 7 , pg. /l BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Bill Milberger to the Brazos County Emergency Services District #3 The term of this appointment is January 1, 2023 through December 31, 2024. Duane Peters Date County Judge E 3 87 pg. 17 BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the reappointment of Rusty Lewis to the Brazos County Emergency Services District #3 The term of this appointment is January 1, 2023 through December 31, 2024. -a� Duane Peters Date County Judge Vol. pg. �� Brazos County Job Description Last Updated: 01/04/2023 Template Revision 12 0911SM012 Class Number: B0132 Title: Misdemeanor Defender Pay Group: NIA Department: Texas Indigent Defense Commission Grant FLSA Status: Exempt Reports To: Chief Public Defender Approved Date: EEOC Category: Professionals General Summa : This position provides a full range of legal services to indigent defendants in the assigned felony and misdemeanor cases. Primary responsibility to handle the misdemeanor case load and potentially felony -level controlled substance cases. Additional responsibilities to assist in felony caseload, trial preparation and Vials, as directed. Essential Duties: • Under the supervision of the Chief Public Defender, this position will provide legal representation to clients appointed to the Public Defender's Office. • Maintain a caseload that will not exceed the Texas Indigent Defense Commission's Guldeffnes for indigent Defense Caseloads. • Obtain and review discovery and documents provided by the prosecution. • Research and investigate issues and eases. , • Meet with and interview clients in person. This will include visiting clients in jail, In person, and possibly through real-time video conferencing. • Communicate with clients through telephone calls and written correspondence during the pretrial, trial, and post -trial process. • Prepare and file pleadings for trial. • Prioritize and organize workload to meet deadlines. • Maintain awareness of new court decisions, laws, rules and regulations. • Meet with investigator(s) to monitor the progress of Investigations. • Screen cases for potential conflicts. • Prepare cases for court and conduct trials as assigned. • Provide narrative and descriptive entries in client files of opinions, impressions and facts collected. • Negotiate with prosecutors and others involved in the court process. • Advise clients on plea offers, options and potential for success at trial or other dispositions of cases. • Advise clients of constitutional rights waived by pleading guilty and the potential direct and collateral consequences of a guilty plea. • Select juries, examine and cross examine witnesses, draft and argue jury instructions and argue cases to the jury. • Advise non -citizen clients of the specific Immigration consequences of criminal convictions. • Attend conferences and stay current on legal updates. Other Duties as assigned. SU @NISIOn A Received: Will be supervised by the Chief Public Defender. I _ 1?iiAlif! Date —.- Education Education Required: ( Juris doctor degree from accredited law school. Law school graduates awaiting bar examination results will be considered'but must have a supervised practice card, i.e., 3L bar card. Preferred: uired: This position is a potential entry level position for a new attorney. Applicants applying out of taw school shout be able to demonstrate an Interest in criminal law, community service, apolor providing legal services to the poor. Applicants should highlight criminal law courses, practice clinics, mock trial, and moot court experience. Preferred: • 2 or more years of experience Involving criminal representation in state courts • First chair trial experience in at least one criminal jury trial taken to a verdict. E Pg. /i Certificates, Licenses, Registrations Required: • Licensed to practice law in the State of Texas or immediately eligible to obtain licensure through the Texas Board of Law Examiners Admission Without Examination (AWOX) process. (Applicants must review the TBLE AWOX requirements: https:!/ble texas.g6v/admission-without-examination). • Law school applicants should be'prepared to obtain a 3L baP card. Continued employment will be contingent on bar passage. Valid driver's license Preferred: Ph sical Demands Typical' Typical activities•common to an office environment such as walking, sitting, use of computer equipment, creating and moving paper files, operating a copy machine, walking to and from court as needed. Some driving may be necessary. Knowledge, Abilities Advanced computer, research and writing skills including trial advocacy, legal research and library skills. Verb and written communication and organizational skills; Interpersonal skills and ability to deal effectively with the public, other employees and elected officials; skilled in problem solving and decision -making. Knowledge of trial procedures and rules of evidence. Knowledge of state and federal laws, codes and regulations pertaining to area of assignment; knowledge of philosophy and practices of public defense. Work Environment Typ[Cal: Brazos County PDO attorneys are expected to use professional courtesy, discretion and sound judgment when engaging in contact with co-workers, clients, prosecutors, judges, other county employees and members of the pubic. Attorneys are also responsible for maintaining confidentiality of client information and business knowledge. Vol. PO. � J 0 DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: BRAZOS COUNTY BRYAN,TEXAS NUMBER: 1/10/2023 Approval requested from Constable Pct. 3 to accept the Bullet -Resistant Shield Grant in the amount of $18,778.80 from the Office of the Governor. Commissioners Court 01/04/2023 False False r $0.00 ATTACHMENTS: File Name Description Office of the Govemor Grant Award Statement.pdf Office of the Governor Grant Award Statement Type Cover Memo AM -o` a 3 Duane Peters Date County Judge 1/4/23, 8:48AM of Grant Award Office of the Governor The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details' tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the'Accept' button within the'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: 4660401 Date Awarded: 1/3/2023 Grant Period: 10/01/2022 - 09/30/2023 Liquidation Date: 12/29/2023 Program Fund: SH-Bullet-Resistant Shield Grant Program Grantee Name: Brazos County Project Title: Bullet -Resistant Shield Program -Constable PCT3 Grant Manager: Shayla Smothers Unique Entity Identifier D1H3VK7MLAG8 (UEI): CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: N/A NA N/A - State Funds 2023-SH-ST 0000 $50,000,000.00 Award Amount: $18,778.80 Grantee Cash Match: $0.00 Grantee In Kind $0.00 Match: Grantee GPI: $0.00 Total Project Cost: $18,778.80 Texas Office of the Governor — Criminal Justice Division (CJD) No This purpose of this funding is to equip peace officers with bullet -resistant shields. ..1.... �!•l.IwwL Vol. gig. ZZ 1 •1 11 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Brazos County Sheriffs Office NUMBER: DATE OF COURT MEETING: 1/10/2023 ITEM: Approval requested from the Sheriffs Office to accept the FY2023 Bullet -Resistant Shield Grant from the Office of the Governor, Public Safety Office Criminal Justice Division in the amount of $127,469.40. TO: FROM: 7TAMA FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT ACTION REQUESTED OR ALTERNATIVES: AnACHMEN1% Fie Name Grant Award Letter.pdf Office of the Governor ward,pdf Gr Request.pdf Commissioners Court Paul Martinez 01/04/2023 False False $0.00 Approve and accept funds from Grant #4654501 DestfipiLqn Award Letter Statement of Grant Award Initial Grant Request Type Cover Memo Cover Memo Cover Memo t o(a s f7j� Duane Peters Date County Judge V01 �% Pg. =-- 1/4/23, 11:06 AM Statement of Grant Award (,Vli Office of the Governor The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and `Budget/Details'tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all -applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the'Accepf button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: 4654501 1/3/2023 Award Amount: Grantee Cash Match: 09/01/2022 - 08/31/2023 Grantee In Kind Match: 11/29/2023 Grantee GPI: SH BulIet Resistant Shield Grant Program Total Project Cost: Brazos County Bullet Resistant Shields -Sheriffs Office Grant Manager: Madeline DeAmaral Unique Entity Identifier (UEI): D1H3VK7MLAG8 $127,469.40 $0.00 $0.00 $0.00 $127,469.40 CFDA: N/A Federal Awarding Agency: NA Federal Award Date: N/A - State Funds Federal/State Award ID Number: 2023-SH-ST 0000 Total Federal Award/State Funds $50,000,000.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor — Criminal Justice Division (CJD) Is the Award R&D: No Federal/State Award Description: This purpose of this funding is to equip peace officers with bullet -resistant shields. Vol. Pg. ahnnMlJ�nL �0S.COUNTV,.TEX-AS:-- .... .. ICATION-APPROVAL FORM 3he(ifft Office GOVERNOR GREG ABBOTT Dear Grantee: Congratulations on your award! To activate your agency's grant, the Authorized Official must log on to eGrants at https://eGrants.govtexas.gov and go to the `My Home' tab. In the `Pending Applications' section, locate the application with a `Current Status' of "Pending AO Acceptance ofAward". Click on the grant number and proceed to the `Accept Award' tab, From this tab, click on the `Accept' button. Grants must be accepted within 45 calendar days of the date the award was issued. Be sure to review the Grantee Conditions and Responsibilities Memo for a quick overview of general items every grantee should be aware of You can also find more detailed information on the eGrants website including helpful resources, links, and tools needed to properly administer Public Safety Office grants. The Guide to Grants, also on the website, contains answers to questions frequently asked by grantees. If you have any questions regarding this award, feel free to contact your grant manager, whose name is referenced in the Statement of Grant Award or you may always contact our office via the eGrants Help Desk at eGrants@gov.texas_gov. We look forward to working with you to ensure the success of your program. 6L� Jo�— Aimee Snoddy Executive Director Public Safety Office EVol. __: 7 POST OFFICE BOX 12428 AusTw, TEXAS 78M 51Z 463-2000 (VoicE) DIAL 7-1-1 FoR RELAY SERvicEs ... .. ''t .... .. .i - . :i .. .. i is i, ..,:,. ,,. .:.• iii .,.. ^3. , :t) 1, A 4� M1 Ic o the. G� o`• per nor �. `,:• Public .5.�S:afet .O�f ice: . . Y' ............ ......... 'C. ._ : rI 1.: ::mIn u �:� j t L, s ce :' . 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I men o m tat ri .. P .. . • ;:::Solo'Offlcer':De0 ,o' nt':::: l me ,�, Y . :f"` 1.:O ffCer: Te m %De N " a la1:1 e" :m t. ... Foilow O..:• .... p Y iVV.n . ---• . n Respond'e.rs (RescU6�Task'Force :, it .. :.., . )` ..... ...........: . ... , ..... :..: Inc ' , -.:.:.:::. iaent:Command-:Unified Com►rtand'Cons iderati .......:...:... .............................................. :11. ::::.:.* ( c d pe6 e r1 n fl .. T a`'i r n �n g . ...:::..::.' ,. it-:! ;: `;s': ; i.ALERRT a Tr i i rein : I o: ::. A ffi o ce s' •r vid1. '1t ed•w Fi�a� �t=� r'an fu d b�� .g nde ailisticstiield�' 't .; ..• - p mu.. have eitljer' attended .... 6, :'..:.. •. ,'::;:'!;ours of-ALERRT (Adv' c ` `L' ' ( n ed. aw Enforcement, Ra` id ,Res'` onse Trai :.i�: • trainin�� it ' ::: p,• i?. n . g). g iN hi the last 24'. ••• t; months•or:.commit;to;attend•w�thm the;ilext 24 months,'ALERR1.T's u ••`� o' i••s; pc ming course scYiedule can be' , 1.ri .. .. fo }iee� t' sc u d =ht al "r rt: e or' U o cm In' .......... .... .. . -' • :.:• dote. F•unding,�s.availabie:throu .h the Pub is Safet' �OM, e�fb offse`:` rave ,. , . ....... .:.... g. i.. Y; , t I ependrture's:associated:with':'_:'I:' ::::: •`•• : ' ::attend(n ALERRT•Traitiin 'Please refe�'to•� h ::: `".. •' . .:.... .... . . . R ........... g•.. t e ALERRT:�'ravel'Ass';stance Furidina'Announcement`for :: €'. o e in rnistlb "' - - 'how to a I • f • r ese Pp Y o th funds: F:. :", �: :. ....... ..... ...::%:: ........... : :::.: E't .. b'li Re u e .. •:.: :. it ;men is :: . 9. #Y q. .: _. ...:..... : °1.`.;,,Local u" i s of ..o ' r► t ... vern ' 'ents mus co :::........... . g , ......m ., . ,t ...mp y.with-the C• bersecuri ":Trainin' :: a :. .. ........ ....... :;: , ,. , .,,,,..,...,. „ , , .. Y tY.... , 1; • ,qui'rements:descrif;ed in'' : °i• ......... . :..:::.: ;:- ;;;:.:..: •.' :. Section.772.012 and Section 0 519 •: ••' • •_ 2 54,,"' , 1- 'r d':%iias'Gov60 ."nent:Code'.:L'ocai'-�ov ::...:. . ::. .. . .......... ::::...;........::..:... nts.:; . :::: :::. •• determined to not be in complianci with the,cybersecurity requFrements' a"aired b- Sec4'(on�.:t ` :' : `: '= :• :..•:.::.:. •. • • . :::::: ..•: :..:- . ,..,...,,,•..:;:..,.•...:...........205.4 5191•of`the.Texas Governrrient Gode are ineli 0i: far'OOG, rant funtls until the ,.,... ::.•::::1::::: '..... „i; , g• second ::anniversa� •` .of tf'oA te:the to O ..::.y::::. : :.:...:..::::::.• ,•:.•• ::..;; a o. a nment`is ' ete ............. !'Y. ... "' . . , .... g d.... rm ned.in`" i ible; Govetnment'entit`: 1 g ies'nlust • ..... 1.1.• :. :; :..Certification`for•State and.local Goyeinmerits:'A co " 'of the Tr` " g h, . k Y;T- e r: py dining Certi,ication iiiust be.uploaded 4 ?to our::eGrants.a 'p icatiori 1For "'o`' ::.• ,Y pp m, he inf60nOtioh*to'a'cces`.: va1'' s.a... i able ti;aining programs;jvsit�ttie.`• •:Texas Department•of Information::Resources:_Statewide.Cvbersecur'ty Aw�`���' h areness ' :' ..... . :.. . .� Tra nme.pag 11. . ::.:. . ;. ntitie.;s raceivi ' 'fu' ds from'...; *; st be to ng ...... a coup .:.:...:. .:.........::.::::.. ........... m,, . , . ....... hat has:an' av * r � Hof .. , .:% .........::::.... :.:...... tY„ a age 9.0%'or`.,above: on bo h.a u t :::. ;,::: t.,.. d ! ,and uveni(e dis asitlons''entered. � td' t _ e' - ' „,3. p n the computer(zed crimitial.histo dafafase': it !Y °°mai to ne "-•-• • n j.. ,d b ":the Texas De art "ant of Public: ..f': .. ............ ..... ...............:.............. y....:.. p . m . Sa ety:(UPS) as'drectetl in't{ie°Texas Cod'e'of:C ' a ,:. rim"in i Pro .edge, Cha . ter:66: T e dis os on com I " ::..::':•':.:..:::: p h..... ...l .i.. et Hess "efceritage; ,: ..,... .,..,.,.....:H::';.....:.............. I?..... ,.,.;.., ...:. P . ,.,o , p.... l; .. s•`defined as'tf e;per'ce`nta`` e'of:'t.° ;i'`: `..1 „ ..,.::...•• 'arrest:-c i 'r :•,:g :;: ::::.. ,. ,.. , ... .. a es a.coun.' ':re 'orts.fo DP5 fo'r'w 'cfi ` d' ' g tY . R. .b a ,s .. tid .. ha's- -e ii`subse`.uentl` r'e ` o e ri :: .... . :,:: q . Y. p . rt d a d':: ' ' ......::.:.. :i •::.:•.:1.,::.::.::•:::. •::.:ante ed in o 4' t. the co uter�z d cr( al list" ste' 4rp . e m o„ •`s m. 4!1 N. Y. i:. :::::::'::.::.:..:.; . ,., „ ••:•••., • .. -ounties a` mri 'for' rant awards�.fro ....,. ' ...•:. ............. p,p..Y ...g..... g m',the'Office'of the GuvernQr `m''a:: ...... ....... .... . .............................,............,....... u teommlt�that the:?fount'' .:`.::�:�` ;:`:`�••. ° �•� •::`'..: . It; (iI re ort at le . „„ ::. , : :. ... ,• W..,.. p... ,st,9b% t►f convictions withm.five, business da s°to t 'e y h Criminal.Jasfice`Irifor'rriation. :S st' err►:a' t' the D e•�art� e•''t•of� m n 'u h blic' Safe Y t` . p. y.: .............. ,• ` .� : ET.li" �ible�a' `I'ca i :: a:::.: i ' ts`o` e `at' n r in""' �`a laws"`nforc eme g e •t; pp n a` `e • `us p, h nc"gym t`. '�curre•��t:on•re� @ Y bir n orti'n''com''iete U R' .P' g. .p. " !•I•„ • ata:and'the`.- 66s `s' ecific re 6" in 'mandated .411 ... ,.,.... :...:::.......::..p, A g ..... bY.1. 042.TGG .to, the-''fexa A)0 "artm ht.of Pubiic :., .. ..... .. ,:..;,.., • aft .: OPS .far.inciusion In the.M, I C l " .. Y (......?., r me, in Texas CI ubl cat ,.,.....::.......... ............ % ... ........................................................ ............ ( .T . i... ion::' o ecarisidered ell .( .le... P::::::::..... T....b:. g b for:::;::-'s:::;:: .•• :.:. ndlh a I(cants:must:have submitted a,full: •iv` ' .:........... . .......... . . !� .. pp . tviie. e. months' of'accurate data ... . ..:. to.DPS:foY,the,most1.;:��'��;�.:::°::::•'�•::: :. cgnt r:.ye deadline(s):established by DRS.. D,ue to the;im'"ortarice;of tim I' re%:calends ar by.the. .,....... .. :.:. . ;":: •.: r ortin a li n : !-, ••:::i,::,rop.....,...,g,...Pp ea ts.are re aired tasubmit com lete:and:accu" at• .UC :... .. q. , r. a R::da s`viieli' ... ,p, 'ta,,a' asthel'eKas= :<-�:�:;�.`.' :. I. .............. . •:.,'•.:.."..:%:::....:::::: ..... :•:. ...... . ...... .,..,,....::....... ...,...... . ........... . =::::: ::::.......:.:. . `';.: , ..: ................ . . .., :::. :° ......... ....................... ..... .. R 4.: . . ... ,. ..,..... :: 1- .. . ::. ... ..... ii'• .. . . I. .. i, •,...1. .. ,. :: . . ' emenfi:' Buhet-,Resistant Shield'grarit' 0P 6 'rand'' FY2023 ......:::.: Funding Announc g , mandated re ..In' ' on o,i ss;tha .• mo thl' basis and res ond. rom tl to' re' uests from. D.P.5: , ...:..... . ::N;:,} , ......::.::.::::.. t a brriitte'd. 1 ;related to h .:.. tasu . . .. -• 3` ...... .. . .ofg overrifth' In '' dinI cities coun'ties''and other•• eneral 'ur ose.' oliticat.s`ubdivisions,: :/ir .local units g . g g. p... p., P„ g• eiifo`cernent a us t o' a r a' m ''ti n'tlfaf o er to a law r 'a ;and lnstitut'ions of hi' lier'educa g n' '. ............. . :.,.,, .-: :as;'aPP bprl te; P cy . .:, .. ::: : co I :with all as ects •of the 'ro rams and : rocedu�es utiliied`b"`,the ,U.S, •De `artment of• mp.Y.. p.. p , ,.g. P ,.Y• i?., ::• ..,. ..:...,. <•• :'. ::: • ...,.•........... ::Flomeland•Secu,'nty. (: DWS ) to;: {1)' rjotify Df l :of all information 'requesi'ed'. V..7..... elated _ illegal :: :::... .............. "::' ..:: ' `:'alie s iri e ` s cus#od ;and 2 .d fain sucFi ille al aliens in acco�dance'with'�e uests.b"DHS, ........:::..:... :,. . n Ag nc. Y, t.:� .. .q .Y, iti. al coup iOf nd munici 'ahtiesba NC+ haV6 in:effect ur ort'to have' in effect''ok mak'e':!:' :';1i ! ' . • Add . n.. ly t.. . ;. .. Y. ,. p , p.: ::: P. .• ..... ............. .....:.. :: ::. • - : • ••: ,.themselves: sub' ' ' ' o" r bound• b ,...:a. • law`'�rule ' olic or ractice written''or`unwr'it[eri that . .I, t. o Y,, oy P y, p ( }, ..... . .............. :.::::...........:::::::....:::..-: :would:' 1 re uire'or'aiithorize`tlie` ublic disclosure `of,federal•:law.enforcerri' nt .i'nfo f oration in;:::', :'.; .::: ;' ; : . .... .:::;;�.. p.. p ,. . ......... eal :• : • • .•:•:.. !.. orderto cance , ,hai hor, br.shie(d �fr-om. detection'fugitives from justice'or alien s illegally ln" th'e'" ...... • .:.::.....: , . ,. :... ' ...,,: •: ,. • ., ::... • • : United:States; or:(2);impede fedetal;off. icers fr.:orri`:exerclsing authority under 8 ;11.S.C.:', 1226(a) ::• .:. , . • .,,..:::::: •......... ..... . . " • 12 a :1357 1 66 1 „off. -��1366 3 ,'Lastl' , " 1C 'I , I I , � iq 'a'nts`musE com.. l ....i " hall': .:. ,: ;.,`:. ' .... .. ....1 . .. , . - :..:.. • . 226(cj,.§ 31( ), § (a),,§ .• ; � ),. § . .( i. Y, g; PP . l�.Y . •.': , ......... . , rovisions ' oiic'ies, and amities found iri Chaoter':752, $ubchapter:C of• the:Texas'Government ................... R ,P p Code:' :... ,. ;. ,.. "• ::::" ' `66h local unit of,g overnmerit••and institution of hig her:educati'on that o -'dratQs:a law enfo'rcement:.: '' ::: !::: ' . .;: • •.:.:::::.: . . ..... :....... •.. ..::::-:.: g . " . " •""' • " ' " " ' " tlo ' i' ` / e � ,:and then'u ` load into eGrants the CtW6Ia f:I f' ""e ie ' f': :: ::ages .y,•must. wn oad,;corripl te. p • :-:::.,:::: , .. °::;Certificatiorisnd Assurances Farm:certi in'`'c"om'liance`.witFi•fede�al and state.lmmi� •ration .•:.' f1!....g, ..P., g. :::;:...::. i:: ;::...: ......... ..... . :.:. ,. • •.enforcement•re '•uirements' This Form Is re"`uiedd;for each a ' `lication submitted to'OOG and is :..::, . q. q p.P % .... .. ,...., ... ,.. , . .... " •L ::• ..:'active:until Au it31'' 2023.or tfie end of'the: `'rant:•' eriod 'whichever as later.; :_: : ,,,, ,, ,,,,,,;;t:..•..... , ,. i? .. g p :.. s :::: . , .. ... ...:;:, . . . .... ..... ..... . ., ...... ......... ,.. , . S : In accodani:e :w1th,T }cas;Gove'rnment Code, Section.420.034,:enY facility.or: entity that collects. ...... . :.. ;: ; e :,evidence for sexual.'assault or,other:. §eit offen'ses`,`or Irivesti istesor ' rosecutes:a sexual assault or: ` : i ' g p ... ' .. �.'otlier sex'bffense'for itihich*6Vidence has been collected, must ' art'ici ate inahostateWide'Qlectronic ' ::.. . .. :s: ::<.... P P. ..-.... ... .. . "" ""' ':; ;;:::::.,- : • arac 'iri''" s ste'•`"develo' ed and 1rm' le• ented'b�� kti`e'Texas.ne `artment of Public Safe' .:;VisitAPS's .;::: ` `' .... .:.:.::.:::..... k•. y m. p: .p...,m Y„ .p, tY ... '.. : " a t i:vidence fra&hi Pn k' a' n: ° "ebsi e'for more'informationorao:set u 'an:account to Sexual Ass ul a _ __ .W, t• R, ,.I..Y'I' ♦ .. ::f•: be in' artici 'at in g p 11 ,...,, ....1. . ,,,. ....... ........ .. ,..,..... , ....... ,,. , ... ,. „ , , ..,, „ . •. ........ ..... ., , . .... ...... ....... 1. :.•;;:.6,::.s.... ibI.le'.b l cants' u�. be rOg ered:iri the federal.S stem fcir�Award Mans ��erilO . SA'M databas1.e:' ;s:, g p ri...st. g t Y. g. .. .): .p H:-_::.� % •• .: _and have an UEI •.U•: ue.Enfi ID number:assi 'ned'to 'its a eri : to' ' et re 'istered in"th`e`6AM' ` :' ,.. .. riiq ........:Y... ? ... g• . g cY { g g ::.:: ' :.n`U�I'. •u ben ::: b to ltt'::5::' .sam'. `ov/ . databa a •and : e ue f:a n m // x s. r. q s. , g P ). ::.......:::::. ::, . ..... ....................... °: . :..::.::::::. " ; a ure to`com I' :uvitli M.I. `ro`"ram .... � bilit" re u cemen1.ts `ma `'cause funds to` be wi#1 f eld.and` or .:.::::.•....F ii .. �Y... ..p....g.. g.....Y . q......•...,..., Y...1.::.:.::::..... : .I...;.::.; , .... ,.,... , .. ;:: f tf sio :o ae a io .o ran un'ds:' 1.:sus en r rmi t n ...;,. g. :. ::'s ;r:• :; ;:% .. ., ,.. ,.I.;�. :...:;;: • :: 'r: iI.b t o Cl1. ::;: :; ,P®h ii s ,. , rari4s o ".Gu G a s f e '`d`' e''o r n th ••os� �i in the ' raiitfunds"may"`not.iie , .... to su p1. _ file unallowable c toI. 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W BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 1/10/2023 ITEM: Approval of the following Amended Travel Policy effective January 1, 2023. • a. Mileage $.655 TO: Commissioners Court DATE: 12/30/2022 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type 2023 Standard Mileage Rates.pdf IRS Mileage rate change Backup Material Q:i >(Qs Duane Peters Date County Judge voi. -3 k % pg. 3� 2023 Standard Mileage Rates Notice 2023-03 SECTION 1. PURPOSE This notice provides the optional 2023 standard mileage rates for taxpayers to use in computing the deductible costs of operating an automobile for business, charitable, medical, or moving expense purposes. This notice also provides the amount taxpayers must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that may be used in computing the allowance under a fixed and variable rate (FAVR) plan. Additionally, this notice provides the maximum fair market value (FMV) of employer - provided automobiles first made available to employees for personal use in calendar year 2023 for which employers may use the fleet -average valuation rule in § 1.61- 21(d)(5)(v) or the vehicle cents -per -mile valuation rule in § 1.61-21(e). SECTION 2. BACKGROUND Rev. Proc. 2019-46, 2019-49 I.R.B. 1301, provides rules for computing the deductible costs of operating an automobile for business, charitable, medical, or moving expense purposes, and for substantiating, under § 274(d) and § 1.274-5, the amount of I Unless otherwise specified, all "section" or "§" references are to sections of the Internal Revenue Code (Code) or the Income Tax Regulations (26 CFR part 1). Vol. Pg. 33 -2- ordinary and necessary business expenses of local transportation or travel away from home. Taxpayers using the standard mileage rates must comply with Rev. Proc. 2019- 46. However, a taxpayer is not required to use the substantiation methods described in Rev. Proc. 2019-46, but instead may substantiate using actual allowable expense amounts if the taxpayer maintains adequate records or other sufficient evidence. An independent contractor conducts an annual study for the Internal Revenue Service of the fixed and variable costs of operating an automobile to determine the standard mileage rates for business, medical, and moving use reflected in this notice. The standard mileage rate for charitable use is set by § 170(i). Longstanding regulations under § 61 provide special valuation rules for employer -provided automobiles. The amount that must be included in the employee's income and wages for the personal use of an employer -provided automobile generally is determined by reference to the automobile's FMV. If an employer chooses to use a special valuation rule, the special value is treated as the FMV of the benefit for income tax and employment tax purposes. Section 1.61-21(b)(4). Two such special valuation rules, the fleet -average valuation rule and the vehicle cents -per -mile valuation rule, are set forth in § 1.61-21(d)(5)(v) and § 1.61-21(e), respectively. These two special valuation rules are subject to limitations, including that they may be used only in connection with automobiles having values that do not exceed a maximum amount set forth in the regulations. SECTION 3. STANDARD MILEAGE RATES The standard mileage rate for transportation or travel expenses is 65.5 cents per mile for all miles of business use (business standard mileage rate). See section 4 of Vol. pg..... -3- Rev. Proc. 2019-46. However, § 11045 of Public Law 115-97, 131. Stat. 2054 (December 22, 2017), commonly known as the Tax Cuts and Jobs Act (TCJA) suspends all miscellaneous itemized deductions that are subject to the two -percent of adjusted gross income floor under § 67, including unreimbursed employee travel expenses, for taxable years beginning after December 31, 2017, and before January 1, 2026. Thus, the business standard mileage rate provided in this notice cannot be used to claim an itemized deduction for unreimbursed employee travel expenses during the suspension. Notwithstanding the foregoing suspension of miscellaneous itemized deductions, deductions for expenses that are deductible in determining adjusted gross income are not suspended. For example, members of a reserve component of the Armed Forces of the United States (Armed Forces), state or local government officials paid on a fee basis, and certain performing artists are entitled to deduct unreimbursed employee travel expenses as an adjustment to total income on line 12 of Schedule 1 of Form 1040 (2022), U.S. Individual Income Tax Return, not as an itemized deduction on Schedule A of Form 1040 (2022), and therefore may continue to use the business standard mileage rate. The standard mileage rate is 14 cents per mile for use of an automobile in rendering gratuitous services to a charitable organization under § 170. See section 5 of Rev. Proc. 2019-46. The standard mileage rate is 22 cents per mile for use of an automobile: (1) for medical care described in § 213; or (2) as part of a move for which the expenses are deductible under § 217(g). See section 5 of Rev. Proc. 2019-46. Section 11049 of the TCJA suspends the deduction for moving expenses for taxable years beginning after Vol. 387 Pg. ffC December 31, 2017, and before January 1, 2026. However, the suspension does not apply to members of the Armed Forces on active duty who move pursuant to a military order and incident to a permanent change of station. Thus, except for taxpayers to whom § 217(g) applies, the standard mileage rate provided in this notice is not applicable for the use of an automobile as part of a move occurring during the suspension. SECTION 4. BASIS REDUCTION AMOUNT For automobiles a taxpayer uses for business purposes, the portion of the business standard mileage rate treated as depreciation is 26 cents per mile for 2019, 27 cents per mile for 2020, 26 cents per mile for 2021, 26 cents per mile for 2022, and 28 cents per mile for 2023. See section 4.04 of Rev. Proc. 2019-46. SECTION 5. MAXIMUM STANDARD AUTOMOBILE COST For purposes of computing the allowance under a FAVR plan, the standard automobile cost may not exceed $60,800 for automobiles (including trucks and vans). See section 6.02(6) of Rev. Proc. 2019-46. SECTION 6. MAXIMUM VALUE OF EMPLOYER -PROVIDED AUTOMOBILES For purposes of the fleet -average valuation rule in § 1.61-21(d)(5)(v) and the vehicle cents -per -mile valuation rule in § 1.61-21(e), the maximum FMV of automobiles (including trucks and vans) first made available to employees in calendar year 2023 is $60,800. SECTION 7. EFFECTIVE DATE This notice is effective for: (1) deductible transportation expenses paid or incurred on or after January 1, 2023; (2) mileage allowances or reimbursements paid to Vol. 3 k 7 Pg. �/� -5- a charitable volunteer or a member of the Armed Forces to whom § 217(g) applies: (a) on or after January 1, 2023, and (b) for transportation expenses the charitable volunteer or such member of the Armed Forces pays or incurs on or after January 1, 2023; and (3) for purposes of the maximum FMV of employer -provided automobiles for which employers may use the fleet -average valuation rule in § 1.61-21(d)(5)(v) or the vehicle cents -per -mile rule in § 1.61-21(e), automobiles first made available to employees for personal use on or after January 1, 2023. SECTION 8. EFFECT ON OTHER DOCUMENTS Notice 2022-03 is superseded. DRAFTING INFORMATION The principal author of this notice is Christian Lagorio of the Office of Associate Chief Counsel (Income Tax and Accounting). For further information on this notice regarding the use of an employee -provided automobile, contact Mr. Lagorio at (202) 317-7005 (not a toll -free number). For further information on this notice regarding the use of an employer -provided automobile, contact Stephanie Caden of the Office of Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes), at (202) 317-4774 (not a toll -free number). Vol. J 7 pg. D'odiSign Endelope ID: 66439AACC-BB4D-4CEE A3DF-A485147C77B8 INTERLOCAL COOPERATIVE AGREEMENT - PROVIDING FOR THE HOUSING OF PRISONERS FROi I THE CITY OF BRYAN, TEXAS IN THE BRAZOS' COUNTY JAIL THE STATE OF TEXAS I COUNTY OF BRAZOS § `THIS INTERLOCAL AGREEMENT (Agreement) -is between the City of Bryan, a Texas Home Rule Municipal Corporation (City). and the County of Brazos _(County), apolitical subdivision of the State -of Texas is made pursuant to the provisions of the.lnterlocal CooperationAct,. V.T.C.A., Government Code, Chapter 791 which authorizes all local governments to contract with each other to provide a govemmerital function or -service thateach partyto the contract is authorized to perform. individually and in which the contracting parties are mutually interested; WIiEREAS, it has been found and.determihed.by the County of Brazos; Texas Commissioners' .Court, and by the Bryan City Council that utilizing only one jail facility to serve City law enforcement and the County shall. result inincreased efficiency- and economy to County and City citizens; WHEREAS, the County Jail and its attendant facilities are adequate to serve all law onforcement agencies ofthe entire.County; and WHEREAS, the County and the City desire to enter into an agreement by which the County will house in its .County Jail, and offer care for, City Prisoners of according to the terms and conditions as. set forth herein; NOW, THEREFORE, .for and in cbnsiderafio-h of the mutual covenants; agreements; and benefits to fhe parties herein named, it is agreed as follows: I. PURPOSE 1.01 The Agreement's purpose is to provide a method whereby City Prisoners are transported directly Co the County,Jail for confinement coordinate booking and dentition :and for the expenses .for feeding care;, housing and upkeep of CityPrisoners. M TERM AND -TER MATION 2.01 Term. This Agreement commences on:the Effective Date. The initial Agreement term is for one (1) year, After the initial term the Agreement will automatically renew for successive one (1) .year ,terms, unless either party tenininate% 2.02 Termination. The County'mayerminate this Agreement by giving the City at least ninety (90) days advanced written notice to the City Manager and Chief of Police.'The City mayterminate 'this Agreement by giving the Countyninety (90) days .advanced written notice to the County Judge. Such notice of termination-notices.must be sentby certified mail return receipt requested.. Brazos County Class C Prisoner ILA Contract-No��° 3fig' — 3 gg Page 1 of-8 D"ocuSignSpeWe ID. 66439ACC-BB4D-4CEE;A3DF A485947C7768 III. DEFINITIONS 3M City Prisoner means (A) a person arrested by. a. law enforcement officer either `with or without a warrant for a.Class 0 M_isdemeanor filed in the City Municipal Cony uit or aother person held solely at the request of -.City law enforcement and held in the County Jail before the issuance of a -jail commitment order by a magistrate, or (b) a person arrestedsolely for violating- of a City Ordinance or held on City convictions.. 3jm County Jail means The Brazos County Detention Center.- operated by the Sheriff located at 1835 Sandy Point Road, Bryan; Texas 77807. 3t13 Prisoner Day means the day of admission and any subsequent day beginning at.12.00 midnight-When.the prisoner is incarcerated longer than four (4).hours. 3M State Prisoner means a person arrestedby a law enforcement officer. either with or without or A warrant -for a Class A" B -Misdemeanor"or any Felony offense violating a --state statute andheld in.the Countyjail after the issuance of :a jail commitment order by amagistrate. IN. -PROVISION OF JAIL SPACE 4.01 The County agrees to accept -the -custody. of any City .Prisoner delivered at the County Jail by the City provided the prisoner does not require immediate medical attention before booking: 4.o2 The County accepts City Prisoners who have an injury :or illness after .the City has obtained initial medical treatment forsuelrprisoners, a fit for incarceration from a doctor or when a.piis-oner has refused medical treatment froin-a doctor, unfess incarnation poses a -significant health risk to -lie City -Prisoner or -others. The arresting officer before booking shall, =furnish the ;Sheriff with reports. showing any medical treatment, or that Areatment was •offered and refused by the City Prisoner. Further medical.attention provisions are in Section-Vlil herein. 4.03 If applicable, the County agrees to give preference and priority accepting the: City Prisoners _pursuant to the -County ..s -agreements with various otherpoliticalsubdivisions-of the State regarding housing their inmates. V. LIABILITY FOR EXPENSES 5.01 The County. is -liable for.A expenses incurred while providing the safekeeping :of prisoners -confined in the :County -Jail pursuant to this Agreement and their personal effects, .except as of _erwise.provided ' the Agreemen Brazos County Class =C ?risoner IL,A, Contract No Page-1-of 8 DocuSign Enudtope ID: 6M9ACC-BB4D-4CEE-ABDF-A485947C77B8 VI. PRISONER BOOKING AND DOC.UMIENT MAINTENANCE 6.01 The City will follow all. existing County Jail -booking policies and procedures and any changes by the County Sheriff after providing the City written -notice of the changes. 6,02 The Sheriff -will photographand fingerprint City Prisoners as is consistent with other County Jail inmates. City Prisoner's' photographs and fingerprints must be.maintained consistent with oiher.County Jail.prisoners. Copies of fingerprints and' -photographs are.available to the "City upon request and as available. 61B The City assumes responsibility for updating. City Prisoner- records through the Texas Department of -Public -:Safety Crime Records Service and Federal Bureau of Investigation as is consistent, with -State and Federal polieies. The County ensures -appropriate',reporting to State and Federal entities for State prisoners ;in_ troduced by :the City, with copies of' rap" sheets requested on behalf ofthe City. 404 The Sheriff -will supply an :electronic copy of Mi arraignment list to -the City Municipal Court, Marsbals and Police.Department reflecting City Prisoners remaining in custody and in -need of arraignment -on each day by .8:00 :a.mi to allow for arraignment scheduling before the City Municipal Court Judge.- fi(Jb" The City shall comply with. all applicable laws under this Agreement, including timely bond determinations for City Prisoners. The City and County agree -that the City's Presding•Municipal Court Judge -and Associate Judges shall perform inagistratio -duties for -City Prisoners and shall set necessary bonds. The City agrees. to magistrate City -Prisoners within twenty-four (24).hours. of a warrantless arrest. In addition, .the City agrees to. magistrate City Prisoners within forty-eight .(48) hours. of an -arrest on a warrant. The Parties. further agree that in the absence of timely magistration, the County shall release the prisoner on;a.cash or -personal bond:ih. accordance.with, and in=an.amouat serby, the then curfent standing ordefs issued by the City's Presiding Municipal Court fudge. VIL. BONDS AND FINES COLLECTION 7.01 The: County is not responsible for accepting bonds and :payment of fines relating to offenses. Wedin City's Municipal Court. VIII. MEDICAL ATTENTION 1&01 If jt is obvious that immediate medical ow mental health attention is _needed by. any City Prisoner ai the time of arrest, -or while stillin ihe.ctistody-of the arresting officer, the City.is:sofely responsible for .attempting to obtain satisfactory medical attenfion for such City Prisoner before delivering to the County Jail. Brazos County. Class C Prisoner ILA Coniraet No Page 3 of 8 D"ocuSign Envelope ID: 66439ACC-BB4D-4CEE-A3DF-A485147C77B8 &M The Brazos offers all CityPrisonersbooked into -the County Jail the same level of medical treatment received by State Prisoners for routine medical treatment in the County Jail at -no additional cost to the. City.The City -will. be advised of any medical problern(s) that a City Prisoner may develop. If .a City Prisoner- develops a -major medical -problem, which requires .immediate hospitalization or emergency loom services,.the .County Jail physician will stabilize the patient affected to the extent it is practical io do what is _necessary .for stabilization before transfer to an appropriate medical facility, and the City will be. notified. However, if the apparent condition of the patient -prisoner is such that it appears to -the health care provider in the County Jail Infirmary to be an emergency and delay .could be harmful or possibly life -threatening, immediate -hospitalization will be.deemed necessary and thetransfer to aii.appropriate niedicaffacilitywill be immediate. The City will benotifiedas soon. as practical under these circumstances; however, the City's consent for such transfer under these circumstances will be unnecessary and the City will be responsible."for the medical services costs incurred by a City prisoner under such circumstances. am If any major-rriedical problem of a City Prisoner as. -described in §8.02. is determined to have been caused by the act; omission, or negligence of the County -of Brazos, its employees, or its agents, then the County. of Brazos is solely responsible for paying any- and all medical expenses 7el4ted to such injury -and release the- City from any claims related to or arising out of the incident. a01 If a City Prisoner.requires'medical or mental health treatment -services not provided by the County Jail or hospitalization for longer than three. (3) hours, the City shall provide, at its expense, sufficient and appropriate personnel -for prisoner supervision. The City shall provide the Sheriff contaet'information for the on -shift supervisor and an alternate contact. The contact person must be available 24 houus `a day to notify- t}ie' City of the need foi -medical or mental health -treatment services. The City may authorize the release of tlie City'prisoner in lieu of providing'secumty. IX. RELEASE OF PRISONERS 9.01 City Prisoners are not to be released before serving theirImes, including any credits allowed by law without the perimission of the City Municipal Court Judge. X. COSTS 10A1 The City agrees to pay the sum ofSIX'1'Y DOLLARS AND NO CENTS ($60.00) per prisoner day -for each City. Prisoner in consideration of which the Sheriff will operate and.maintain a County Jail and assuming responsibility for the City Prisoners' iricarceiation consistent With applicable statutes of the State of Texas and the, laws ofthe United States of America for detention. The Sheriff will send the City a detailed invoice -for the previous month. The City will pay any undisputed invoices no later than -fl r (30) days after receiving the'invoices. 10.02 The City will be billed for each prisoner day from admission until -arraignment -by .a magistrate for State'law municipal charges. City ordinance violations shall be'billed per hisoner Day until released -by the City Municipal Court Judge. IkQ3 Such costs maybe audited by the;County`each August and may be -readjusted by -either an increase or decrease each year begimnning on October 1st, based .on the -previous year's historical Brazos County Class C Prisoner EA Contract -No Vol Pg. Z� Page 4 of 8 D'ocuSign,Envelope ID: 66439ACC-BB4D4,CEE-A3DF=A485147CTIBB data on the actual cost -of -holding prisoners. In: any.Agreement term the County may not increase the Agreement costs by percent.(10%) per year. XI. INSPECTION OF BOOKS AND RECORDS tool The County of Brazos will maintain complete books and records -.of all City Prisoners. Books.and records may be inspected gt any time during regular: business hours. nO2 .On or before the one -hundred -twentieth (120th) day after the end of the Coiantyof Brazos' fiscal year, the County of Brazos will supply, upon written request, the' -City an annual statement of all applicablebookings.received at.the Brazos County Jail on behalfof the City of Bryan during the precedingfiscal year ---Such annual statements shall be prepared in such. detail and on such forms as are determined to be mutually satisfactory to the County of Brazos. and the City. The City -by *ritten notice to the Brazos County Auditor's Office; may request other financial or. statistical reports from the County.of Brazos from time to time. no The County will keep available for a period of three :(3) fiscal years aftereach-year of operations, the- County accounting records for such year and other pertinent information required by the provisions of this' Agreement.- Such .records of account shall be .accessible . during usual business hours to the City or its duly authorized agents or auditors forth e purpose of yerfying.the information.set forth in any annual statement, as described herein, or for the purpose of verifying compliance by -the. County 'with -the terms of this Agreement. 1104 Upon written notice atany tune within three (3) -Yeats after the end of any fiscal year of operations, the City of may cause, -without cost to the County, an.inspection and audit to be made of the records of the County -of Brazos relating to the operations. on the C#y.s behalf.. -Such audit will be made to determine the correctness of the computation of payments made in the annual statement for the preceding year. If, as a result of such inspedtion.and audit; it is. established that refunds are due -the City, Ahe County shall,•upon written notice by the.City, paysuchxefunds within thirty (30) days .of.such notice -and the City will do the same if the -computation is.reverse. XH GENERAL TERMS VA1 Ynterlocal Cooperation Act. Each Party to this Agreement is a local government as defined in the Interlocal Cooperation Act. Nothing in this Agreement will .be;construed as.a wg yer or relinquishment by either Party of its right to claim such exemptions, privileges; acid immunities as may he provided by the Constitution and the Laws of the State of Texas. No separate IegaI entity is created:by`this Agreement. I= Amendment: The terms and=conditions,dthis Agreq mt•may be amended upon mutual consent'of'all parties. Mutual consent will be demonstrated by approval of each goveroing•body of each Marty hereto. No:amendmenf to this Agreement:shali;be effective.and binding unless and until it is re' duced to -writing, duly approved. and -signed by the authorized representatives of both .Parties. Brazos County Class Prisoner II,A Vol. 3 9% pg. yZ Contiact-No Page 5 of S DocuSign'Ernelope ID: 66439A'CC-BB4D-40EE A3DF A485147C77B8 M Hold Harmless. To the extent permitted by the Constitution and the laws of the State of Texas and subject. to'thes limitations as to liability and damages in the Texas Tort Claims Act'and without waiving its governmental immunity, each party agrees. to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or -,causgs of action- caused* asse> ted_ to have •been caused directly or indirectly by any other party to thi§ Agreement or any of its officers, agents or employees, or as *the result of its performance under this Agreement. W City Liability'. The City sj all be responsible for all. -suits, claims; -damages, losses, or expenses, .including reasonable attorhey's. fees, arising' out of the City's performance or, non- performance of the services and duties herein stated, but -only -in regard to transfer ofprisonets by and duties. herein assigned to the *City and- specifically excluding the actual incarceration of any prisoners by the County of Brazos. The City. Bryan retains full responsibility for each prisoner until that.prisoner• leas been processed into the Brazos County Jail. M County Liability. The County shall be- responsible for all suits, claims, damages, losses and expenses, "including reasonable attorney's fees, arising out of the County's performance or non-performance- of the services and duties herein -stated, buy only in regard to the actual holding and incarceration of prisoners by the County in. the County Jail -and specifically- excluding the -transfer of prisoners. to, and from the County Jail. W Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all prior -agreements, arrangements, or understandings between the Parties relating to the subject inatter of this Agreeirient. 'M oral-imderstandings, statements, promises, or. inducements contrary to the terms .of this agreement exist. This Agreement .cannot be changed or terminated orally. No verbal agreement or conversation with 'aiiy officer, agent, or employee of any Par tybefore or after the execution of this Agreement shall affect or modify any of the. terms .or obligations hereunder. IZOg Venue and Choice of Law.. This Agreement has been-madeunder and shall be governed by the.la* of the State of Texagi .PerfoWi9ncP and all inatters related thereto skull be in'Brazos-County, Texas, United -States of America and venue shall be in any :court having jurisdiction in Brazos -County. M Authority to Contract. Each Party'has, the ;full power and authority to .enter into and perform this ,Agreement and. the -person signing this agreement on. behalf 'of each Party has been properly :authorized. and empowered to enter into this Agreement. The persons executing this agreemenit hereby• represent ihat"they have authorization to sign on behalf of their respective governmental bodies - MO Compliance with the Prison Rape Elimination Act. The Brazos County jail as aft operation. of. the Brazos County Office of Sheriff will comply with the Prison .Rape .Elimination Act (PREA). The Brazos County Jail has" a Zero Tolerance .Policy regarding sexual abuse -and sexual harassment. The Detention Center .will conduct a background investigation on all employees,: volunteers, students, or other contractors that may have contact with inmates. Background checks will be.condncted at least every five (5):years. The Sheriff shall ensure that all volunteers and -contractors who :have contact with inmates have been trained on their Brazos County Class C Prisoner ILA - ContraciNo Vol. f g. 113 Page :6 nf'g D'ocuftr! Erivelope ID: 66439ACC-BB4D.4CE4 A3DF=A485147CTIB8 responsibz ities-under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and. proe'edures. Any contractor' or volunteer who engages 'in sexual abuse is prohibited from :contact. with inmates, and •shall be reported to law enforcement agencies and to relevant licensing bodies, unless the activity was clearly .not criminal. The Sheriff will take appropriate remedial. measures and Prohibit further contact with inmates in the case of -Violation of sexual abuse or sexual * harassment policies. ' The -City has an affirmative :duty to. disclose any misconduct in violation. -of the sexual abuse and sexual harassment policy: Material omissions regarding. =- dh misconduct, or the provision .of materially false information, are grounds. for termination of -this agireement Wi Waiver.Tailure,of any Party, at anytime, to enforce the provision of ibis Agreement, shall in no way, constitute a waiver of that. provision, nor .in -anyway. `affect the validity of this agreement, anyp art hereof, or the right of either Party thereafter .to enforce each and every provision hereof No term of this. Agreement. shall be deemed waived or breach excused unless the waiver shall be .in writing and signed bythe Party claimed to.have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse-.of•any other different or subsequent breach M2 Savings- Clause. f f one .or -mote provisions or terms contained in this Agreement -shall, £or any reason; be held invalid; 'illegal, or otherwise unenforceable, such invalidity, illegality,, or unenforceability -shall not affect any.other provision or term hereof and this Agreement shall be construed -as if such invalid, illegal, .or unenforceable provision or term had never been contained herein: VW Notice. -.Any off cial notices by one Party to another must be in writing sent by certified mail return receipt requested, properly addressed to the -respective. Parties os 'stated below. Any other day to day communication by the Parties' staff may be by any other means of sufficient communication. CITY OF.BRYAN, TEXAS: City Manager; P;O. Box 1000 Bryan., Texas. 77805 Chief of Police P.O: Box 1000 Bryan, Texas 77805 BRAZOS COUNTY,_TEXAS: County Sudge 200 S. Texas Ave., Suite 332 Bryan, Texas:77803 M4 Multiple Origuials. It is understood and agreed that this Agreement maybe executed in a number ofidentical counterparts, each of which shall be deemed an original for all purposes, W5 Effective Date. This Agreement is effective on October'.1, 2021 Brazos County Class.0 Prisoner ILA ContractNb Page Tof 8 D7oGusrlgn Enveloise ID: 66439ACC-BB4D-4CEE-A3DF-A485147C77B8 MY 0F.BRYAN Q" Wsm, Andrew Nelson,'Mayor OS Duane'.Wtipr's,'C6uiA _y-Jtidge Date: 9/14/2022 Date: -_)Ana ATTEST: TvIary "e Stratta. City Secretary ATTEST: kdren.WQieen, Coup 'Clerk Date: 05/2022 Date: I 1 (01-96,41.3 APPROVED AS -TO FORM o, dupt". Thomo$. L.eper, City Attorney Date: -.9/14/2022 -Brazos-County Class C.-Prisoner ILA CoptrAp(;Nb Date: I I I ota oz� 3 Dr Vol. Pg. Page 8,.of8 RFQ # 23-558 Brazos County Administration Building Feasibility Studv Max Points Available r" PlanNorth ', -Architectural Co: - - Powers Brown Architecture, NA, LLC Goodwin-lasiter,Inc DBA Goodwin-Lasites Strang PACT Design Studio , LLC 13urditt Consultants, LLC TheArkitexStudio, Ina, _v Patterson Architeces` ., ,,. ,; a: STOAfntemationa) Architects incdba r " 3w S70AAre f ects` 1 Organisation S 4.6 4.4 2.8 3.8 _ 4.8 5 ' t 2 Experience of Firm's Proposed Personnel with Office Buildings 30 24.8 - 25 19 20 23 25 3 Process of Planning and Project Management 20 19.2 18 16.4 15.4 18.4 18.4 4 Firm's Proposed'Subcontractorsend their Experience with Office Buildings 20 18: ' 13:6 14.2 13.8 17.6 5 Schedule and Budget Control 20 ; 17A- - , 16.2 1 12.8 1 14.2 1 16.4 17.8 6 Uniqueness S 4.6 .'. 3.2 28 . 3 3.4 3.8 z , Technical Proposal Total 1ti0 88.6-`' 80.4 68 1 70.2 83.6 88; 0,.;'-, ;' 0.':..` *Non -Responsive due to not all required documentation In response Committee Recommended Award: PlanNorth Architectural Co. App�this tCday of �ROUFkg'Y2023 by` oldin a position of 0 W v ris AGREEMENT BETWEEN COUNTY AND PLAN -NORTH ARCHITECTURAL CO. THIS DOCUMENT HAS -IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the day of AM U&/ , 205, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 and the PLAN NORTH ARCHITECTURAL CO. (Architect): 107 S. BayIor Street Brenham, TX 77833 for the following PROJECT: Brazos County to contract with an architectural firm to complete a feasibility study and cost analysis for the potential remodel of select areas of the Brazos County Administration Building, currently located at 200 -S. Texas Ave., Bryan, Texas, in areas mentioned below: Sanctuary area, creating training area(s), for multiple spaces of different sizes to accommodate various group sizes and content this can include law enforcement, software/liardware, -or general training. North Wing, creating new office space for the Human Resources Department. This will include offices, reception/entry waiting area, conference/training room(s). Brazos County anticipates completion of this study with the potential for design services to follow. Funding for each of these steps is contingent on budgetary approval by the Brazos County Commissioner's Court. The COUNTY and (Architect) agree as set forth below. ARTICLE I (Architect) RESPONSIBILITY 1.1 (ARCHITECT)'S SERVICE ; 1.1.1 The (ARCHITECT)'S services. consist of those services performed- by the (ARCHITECT), (ARCHITECT)'S employees and the (ARCHITECT)'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The (ARCHITECT)'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The (ARCHITECT) shall submit for the COUNTY'S approval, a schedule for the performance of the (ARCHITECT)'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for Agreement Behv= County and Plan North Architectural Co. Page i of20 Vol. pg. 17 approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY'shall not, except for reasonable cause, be exceeded by the (ARCHITECT) or the COUNTY. ARTICLE H SCOPE OF (ARCHiTECT)'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The (ARCHITECT)'S Basic Services consist of those described in attached Exhibit "1" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY MARCH 15, 2023, TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in attached Exhibit "1" as Additional Services are not included in the Basic Services. It is expressly understood and agreed that (ARCHITECT) shall not furnish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2.1 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "1", shall be considered Contingent Additional Services. A list of possible Contingent Additional' Services that could be needed as the Project proceeds is included at the end of Exhibit "I". 3.1.2.2 It is expressly understood and agreed that the (ARCHITECT) shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. . ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the (ARCHITECT) in order to avoid unreasonable delay in the orderly and sequential progress of the (ARCHITECT)'S service. Agreement Between County and Plan North Architectural Co. kwe2 of 20 Vol 3 �-7 Pg. t 0 4.4 The COUNTY shall give prompt written notice to the (ARCHITECT) if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the (ARCHITECT), obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the (ARCHITECT). 4.6 The proposed language of certificates or certifications requested of the (ARCHITECT) or the (ARCHITECT)'S consultants shall be submitted to the (ARCHITECT) for review and approval at least 14 days prior to execution, The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit I incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE (ARCHITECT). ARTICLE V PROJECT COST 5.1 DEFINITION 5.1.1 The Project Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the (ARCHITECT). 5.1.2 The Project Cost shall include the cost at current market rates of labor and materials furbished by the COUNTY and equipment designed; specified, selected or specially provided by the (ARCHITECT), plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Project Cost does not include the compensation of the (ARCHITECT) and the (ARQHITECT)'S consultants, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR PROJECT COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Project Cost and detailed estimates of Project Cost, if any, prepared by the (ARCHITECT), represent the (ARCHITECT)'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the (ARCHITECT) nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the (ARCHITECT) cannot and does not warrant or represent that bids or "negotiated prices .will not vary from the COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the (ARCHITECT). Agreement Between County and Plan North Architectural Co. Page 3 of20 V®l. 3 b-7 Pg. �/9 ARTICLE VI USE OF (ARCHITECT)IS DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified. owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the (ARCHITECT) with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The (ARCHITECT) may retain one set of reproducible copies of the documents and these copies shall be for the (ARCHITECT)'S sole use in preparation of studies or reports for the COUNTY. The (ARCHITECT) is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the (ARCHITECT) pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the (ARCHITECT) for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the (ARCHITECT). Any such verification or adaptation will entitle the (ARCHITECT) to further compensation at rates to be agreed upon by the COUNTY and the (ARCHITECT). 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection -with the Project is not to be construed as publication in derogation of the (ARCHITECT)'S reserved rights. ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance_ with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If. the COUNTY suspends the Project for more than thirty (30) consecutive days, the (ARCHITECT) shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the (ARCHITECT) in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the (ARCHITECT) may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the (ARCHITECT) may, Agreement Behveen County and Plan North Architectural C Page 4 of 2U `poi. 3 S 7 Pg. after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the (ARCHITECT) in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the (ARCHITECT) for services and expenses, the (ARCHITECT) may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the (ARCHITECT) receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the (ARCHITECT) shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the (ARCHITECT), the (ARCHITECT) shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. 7.8 TERMINATION BY THE OWNER FOR CAUSE 7.8.1 The Owner may terminate the Contract if the (ARCHITECT): 7.8.1.1 persistently or repeatedly refuses or fails to adhere to the schedule approved by Brazos County; 7.8.1.2 fails to make prompt payment to Subcontractors in accordance with the respective agreement between the (ARCHITECT) and the Subcontractors; 7.8.1.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or; 7.8.1.4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 7.8.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the (ARCHITECT) seven (7) days written notice, terminate employment of the (ARCHITECT) and may, subject to any prior rights of the surety: 7.8.2.1 take possession of any and all drawings, notes, plans, specifications, or other documents produced for this contract by the (ARCHITECT); 7.8.2.2 accept assignment of subcontracts pursuant to this contract; and 7.8.2.3 finish the Work by whatever reasonable method the Owner may deem expedient. 7,8.3 When the Owner terminates the Contract for one of these reasons stated, the (ARCHITECT) shall not be entitled to receive further payment until the Work is finished. 7.8.4 If the unpaid balance of the Contract Sum exceeds cost of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the (ARCHITECT). if such costs exceed the unpaid balance, the (ARCHITECT) shall pay the difference to the Owner. This obligation for payment shall survive termination of the Contract. 7.9 SUSPENSION BY OWNER FOR CONVENIENCE 7.9.1 The Owner may, without cause, order the (ARCHITECT) in writing to suspend, delay, or Interrupt the Work in whole or in part for such period of time as the Owner may determine. 7.9.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption as described in this contract. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: Agrcwwnt Between County and Plan North Architectural Co. Page 5 of 20 Ea. v 9 7 pg. �/ a 7.9.2.1 that performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the (ARCHITECT) is responsible; or 7.9.2.2 that an equitable adjustment is made or denied under another provision of the Contract. 7.10 TERMINATION BY THE OWNER FOR CONVENIENCE 7.10.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 7.10.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the (ARCHITECT) shall: 7.10.2.1 cease operations as directed by the Owner in the notice; 7.10.2.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and 7.10.2.3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders, and enter into no further subcontracts and purchase orders. 7.10.3 In case of such termination for the Owner's convenience, the (ARCHITECT) shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the . terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Construction Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion of Construction. . 8.3 The COUNTY and the (ARCHITECT), respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the (ARCHITECT) shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the (ARCHITECT) and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the (ARCHITECT). 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the (ARCHITECT). 8.7 The (ARCHITECT) shall have the right to include representations of the design of the Project, including photographs, among the (ARCHITECT)'S promotional professional Agreement Between County and PlauNcrth Architectural Co. Page 6 of 20 - - .... ._......... Vol. 3 % pg jZ materials. The (ARCHITECT)'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the (ARCHITECT) in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The (ARCHITECT) agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto and shall use that degree of care and skill commensurate with the (ARCHITECT) profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the (ARCHITECT)'S performance. 8.9 INDEMNIFICATION: (ARCHITECT) shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the (ARCHITECT), its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the (ARCHITECT), or of any person employed by the (ARCHITECT). The (ARCHITECT) shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the (ARCHITECT), its agents or employees. 8.10 LIQUIDATED DAMAGES: It is acknowledged that the (ARCHITECT)'s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the (ARCHITECT) agrees that liquidated damages may be assessed and recovered by the COUNTY as against (ARCHITECT) and its Surety, in -the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof, therefore (ARCHITECT) shall be liable to the COUNTY for payment of liquidated damages in the amount of one -hundred dollars ($100.00) for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and (ARCHITECT) shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. ARTICLE IX PAYMENTS TO THE' (ARCHITECT) 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the (ARCHITECT)'S statement of services rendered, or expenses incurred, payment on account of the Agreement Between County mid Plan North Architectural Co. Page 9 of20 Vol. 3 e 7 Pg. 3� (ARCHITECT)'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the (ARCHITECT)'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those -for which the (ARCHITECT) has been found to be liable. 9.4 (ARCHITECT)'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY' S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the (ARCHITECT) has been advised by the COUNTY and the (ARCHITECT) fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that (ARCHITECT) may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the (ARCHITECT) hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the (ARCHITECT) from funds obtained through current revenue of Brazos County as follows: 10.1. BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows (In accordance with the attached Exhibit "1" incorporated by reference hereto, SCHEDULE OF FEES.): 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the (ARCHITECT), as described in Article 3, compensation shall be computed as follows (In accordance with the attached Exhibit "1" incorporated by reference hereto, SCHEDULE OF FEES.): 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the (ARCHITECT), as described in Article 3, compensation shall be computed as follows: (In accordance with the attached Exhibit 111" incorporated by reference hereto, SCHEDULE OF FEES.): 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the (ARCHITECT)'S invoice as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such invoice shall not be considered to be evidence ofperformance by the (ARCHITECT) to the point indicated by Agreement Between County and Plan North Architectural Ca me 8 oP?A such invoice or of receipt or acceptance by the COUNTY of the work covered by such invoice. ARTICLE N1 OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The (ARCHITECT) shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) self -insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS:' The (ARCHITECT) shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. ' Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The (ARCHITECT) shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The (ARCHITECT) shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the (ARCHITECT) has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the (ARCHITECT)'s fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE 11.2.1.1 The (ARCHITECT) shall begin work immediately upon receipt of the Notice -to - Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "1". The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the (ARCHITECT). 11,2.1,2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the (ARCHITECT)'S services. Delays beyond the control of the (ARCHITECT) may be cause for extension of this period of service, in which case the (ARCHITECT) shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.2 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the (ARCHITECT)'S services shall be adjusted equitably. 11.3 STATEMENT OF CONFLICTS OF INTREST (IF ANY) 11.3.1 The (ARCHITECT) or key employees may have regarding these services, and a plan for mitigating the conflict(s). Note that Brazos County may in its sole discretion determine whether or not a conflict disqualifies a firm, and/or whether or not a conflict mitigation plan is acceptable. Agreement Hetwea County and Plan North Architectural Ca - -Page 9, of 20 voi. 3 7 pg. s3 11 1l SYSTEM FOR AWARD MANAGEMENT 11.4.1 (ARCHITECT) and its Principals shall not be debarred or suspended nor otherwise on the Excluded Partin List System (EPLS) as its principals ,are not listed (or not debarTed) through the System for Award Managpinent 6vww.SAM.goy). 11.5 EQUAL EMPLOYEMENT OPPORTUNITY (2 CFR 200 APPENDEX II (C) AND 41 CFR §60-1.4(b)) 11.5.1 Except as. otherwise provided under 41 CRF- Part 60, all .contracts that -meet the definition of" federallrossisted construction contract!" in 41 CFR Part 60-1.3 must include the equal opportunity clause. provided. under 41 'CFR 60-4.1(b), in* accordance with Executive Order 11246, "Equal Employment Opportunity" (3.0 FR .i2319, 12935,; 2 CFR Part, 1964- 1.965 Comp., p..339), as:ameiided by'Executive Order 11375,"Amending Executive Oder '11246 Relating to:Equal.Eniployment Opportunity;" and implementing•regulations at 41 GAR part 60, "Office of Federal Contract Compliance Programs, Equal Empioyment, Opportunity, Department of Labor." 11.5.2 41 CFR 60-1A Equal opportunity clause. 11.5.21.11 (b) F.eder�ally assisted construction contracts: (1) Except as -otherwiseprovided, each administering agency shall require the inclusion. of the following 'language as a condition of any grunt, contact, loan, insurande, or guarantee: involving' federally assisted construction which is not exempt, from the requirements of the. equal opportunity clause: 11.5.11,1 Duripg fie peri'ormance of this contract,the (ARCHITECT) agrees as; follows: 11.5.2.11A .The (ARCHITECT) will not discriminate against any employee .or applicant, for employment because- of race, color, religion, sex, sexual otientatiori,. gender identity, or national origin, The contractor will take affirmative action to ensure that applicants are, employed, and that employees °are treated during employment without regard to f teir race, color, religion; :sex, sexual :orientation,, gender identity, or national origin. Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment. or - recruitment. advertising;. layoff or termination; rates of pay or other forms of compensation; and selection for• training, including apprenticeship. The contractor -agrees to past in conspicuous places, -avalfable to' employees and applicants for "employment; notices: to be provided setting forth -the provisions of this nondiscrimination clause. 11.5.2.1.1.2 The (ARCHITECT) will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration ,for'employment without regsrd to race; color, religion, •sex, sexual.orientation, gender identity, or national origin. 11.5.2.1.1.3 The (ARCHITECT) will not discharge or ir> any other, pii nner discriminate against any, employee or applicant far employment because such• .employee or applicant has inquired about, discussed, or, disclosed the compensation of the employee or applicant or other employee or applicant. This provision shall not apply to instances in. -which an employee who• has access to the compensation information of outer employee's•..dr applicants, as a part of•such employee's essential job functions discloses the compensation of such other employees -or applicants to individuals who do not. otherwise, have access to'such information, unless -such disclosure is in. response to a formal complaint .or charge; 'in furtherance of an investigation, proceeding, hearing, or action, including, an Agreement Behvedn County and Plan North Architectural Co. _ _ __ _. _._ Ppgg r0 61720 Vol. 3 % pg. 5� investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 11.5.2.1.1.4 The (ARCHITECT) will send to each labor union or, representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 11.5.2.1.1.5 The (ARCHITECT) will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 11.5.2.1.1.6 The (ARCHITECT) will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 11.5.2.1.1.7 In the event of the (ARCHITECT)'s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by Iaw. 11.5.2.1.1.8 The (ARCHITECT) will include the portion of the sentence immediately proceeding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 if Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The (ARCHITECT) will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: 11.5.2.1.1.5.1 Provided, however, that in the event a (ARCHITECT) becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such Iitigation to protect the interests of the United States. 11.5.2.1.1.8.2 The (ARCHITECT) further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the (ARCHITECT) so participating is a State or local government, the above equal opportunity clause is not applicable to any agency instrumentality or subdivision of such government which does not participate in work on or under the contract. 11.5.2.1.1.8.3 The (ARCHITECT) agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the Agreement Betmen County and Plan North Architectural Co. Page I l of20 Pg. 15 administering agency in the discharge of the agency's primary responsibility for securing compliance. 11.5.2.1.1.8.4 The (ARCHITECT) further agrees that it will refrain from entering into any contract or contract modification subject to Executive Oder 11246 of September 24, I965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Pail 1I, Subpart D of the Executive Order. In addition, the (ARCHITECT) agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the (ARCHITECT) under the program with respect to which the failure or refund occurred until satisfactory assurance of further compliance has been received from such (ARCHITECT); and refer to case to the Department of Justice for appropriate legal proceedings. 11.6 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701- 3708) (2 CFR 200 APPENDIX II (E)) 1 I.6.1 Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as.supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours, Work in excess of the standard work week is permissible provided that the worker is compensated at the rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provided that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 11.7 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (2 CFR 200 APPENDIX 11(F)) 11.7.1 If the Federal award meets the definition of "Rending agreement" under 37 CFR §401.2 (a) and the recipient or recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 11.8 CLEAN AIR ACT (42 U.S.C. 7401-7671 Qq.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387), AS AMENDED (2 CFR 200 APPENDIX, II (G)) 11.8.1 Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or Agreement Between County and Plan Nash Architectural Co, Page 12 o1720 vol.3 % Pg. 51 regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 11.9 DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) (2 CFR 200 APPENDIX II (I)) 11.9.1 A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusion in the System for Award Management (SAM), in accordance with the OMB guidelines a 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 11.10 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) (2 CFR 200 APPENDIX 1I (1) AND 24 CFR §570.303) 11.10.1 (ARCHITECT)s that apply or bid for any award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 11.11 SEE 2 CFR §200.323. (2 CFR 200 APPENDIX II (J)) 11.12 SEE 2 CFR §200.316. (2 CFR 200 APPENDIX 11(K)) 11.13 SEE 2 CFR §200.322. (2 CFR 200 APPENDIX 11(L)) 11.14 The Federal awarding agency must establish conflict of interest policies for Federal awards. The non -Federal entity must disclose in writing any potential conflict of interest to the Federal awarding agency or pass -through entity in accordance with applicable Federal awarding agency policy. (2 CFR 200.112) 11.15 The Federal awarding agency and the non -Federal entity should, whenever practicable, collect, transmit, and store Federal award -related information in open and machine- readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency or pass -through entity must always provide or accept paper versions of Federal award -related information to and from the non Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass - through entity must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to Agreement Between County and Plan North Architectural Co. Page 13 of20 Vol.pg E:= periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (2 CFR 200.336) 11.16 CONTRACTING WITH HUB, SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. (2 CFR 200.321) 11.16.1 The non -Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 11.16.2 Affirmative steps must include: 11.16.2.1 Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 11.16.2.2 Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 11.16.2.3 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 11.16.2.4 Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 11.16.2.5 Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 11.16.2,6 Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i) through (v) of this section. 11.17 Financial records, supporting documents, statistical records, and all other non -Federal entity records pertinent to a Federal award must be retained for a period of three (3) years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass -through entities must not impose any other record retaining requirements upon non Federal entities. (2 CFR 200.334) They only exceptions are the following; 11.17.1 If any litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involved the records have been resolved and final action taken. 11.17.2 When the non -Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversite agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. 11.17.3 Records for real property and equipment acquired with Federal Funds must be retained for three (3) years after final disposition. 11.17.4When records are transferred to or maintained by the Federal awarding agency or pass - through entity, the three-year retention requirements is not applicable to the non -Federal entity. 11.17.5 Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the eaming of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. 11.17.6Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate Agreement Between County and Plan North Architectural Co. Page 14 of20 Vol. 3 P9•__ ° _® computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 11.17.6.1 If submitted for negotiation. If the proposal, plan or other computation is required to be submitted to the Federal Government (or to the pass -through entity) to form the basis for negotiation of the rate, then the three-year retention period for its supporting records starts from the date of such submission. 11.17.6.2 If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass -through entity) for negotiation purposes, then the three-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. 11.18 CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITIED (TEXAS GOVERNMENT CODE 2252.152) 11.18.1 A governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such a term in Section 2252.151(2) of the Texas Government Code. 11.19 PROVISION REQUIRED IN CONTRACT (TEXAS GOVERNMENT CODE 2271) 11.19.1 In between a governmental entity and a company with then (10) or more full-time employees; and 11.19.2 Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. 11.19.3A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it; 11.19.3.1 Does not boycott Israel; and 11.19.3.2 Will not boycott Israel during the term of the contract 11.20 The contract award is contingent upon the receipt of ARP Act funds. If no such funds are awarded, the contract shall terminate. 11.21 Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Enemy Policy and Conservation Act (42 U.S.C. 6201) 11.22 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 11.22.1 The sub -grantee, contractor, subcontractor, successor, transferce, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §2000d et seq) as implemented by the Department of the Treasury's Title VI regulations, 31 CFR fart 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. Agwement Batmen County and Plan North Architectural Co. Page 15 of20 E L 7 pg. � / 11.23 THE FAIR HOUSING ACT, TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 (42 U.S.C. § 3601 ET SEQ.) 11.23.1 Which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. 11.24 AGE DISCRIMINIATION ACT OF 1975 11.24.1 The (ARCHITECT) shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 11.25 AMERICANS WITH DISABILITIES ACT 11.25. 1 (ARCIRTECT) shall not discriminate against a qualified individual with a disability and shall comply with the Americans with Disabilities Act, P.L.101-336, 42 U.S.C. 12101 et seq. and any property promulgated rules and regulations related thereto. 11.26 CONFLICTS OF INTREST 11.26.1 GOVERNING BODY 11.26.1.1 No member of the governing body of the County and no other officer, employee, or agent of the County who exercises any functions or responsibilities in connection with administration, construction, engineering, or implementation of award between the Department of Treasury and the County, shall have any personal financial interest, direct or indirect, in the (ARCHITECT) or this Contract; and the (ARCHITECT) shall take appropriate steps to assure compliance. 11.26.2 OTHER LOCAL PUBLIC OFFICIALS 11.26.2.1 No other public official, who exercises any functions or responsibilities in connection with the planning and carrying out of administration, construction, engineering, or implementation of the ARPA award between the Department of Treasury and the County, shall have any personal financial interest, direct or indirect, in the (ARCFHTECT) or this Contract; and the (ARCHITECT) shall take appropriate steps to assure compliance. 11.26.3 THE (ARCHITECT) AND EMPLOYEES 11.26.3.1 The (ARCHITECT) warrants and represents that it has no conflict of interest associated with the ARPA award between the Department of Treasury and the County of this Contract. The (ARCHITECT) further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit fiom the ARPA ward between the Department of Treasury and the County or in any business, entity, organization, or person that may benefit from the award. The (ARCHITECT) further agrees that it will not employee an individual with a conflict of interest as described herein. 11.27 ACCESS TO RECORDS 11.27.1 The U.S. Department of Treasury, Inspectors General, the Comptroller General of the United States, and the Texas Division of Emergency Management and the County, or any of their authorized representatives, shall have access to any documents, papers, or other records of the (ARCHITECT) which are pertinent to the ARPA award, in order to make audits, examinations, excerpts, and transcripts and to closeout the County's ARPA contract with the Department of Treasury. Agreement Between Cotunty and Plan North Architectural Co. Page 16 of20 Vol. 3 87 pg. %A 11.28 RETAINAGE OF RECORDS 11.28.1 Grantees or subgrantees must retain at required records for three (3) years after grantee or subgrantees make final payments and all other pending matters are closed. 11.29 TERMINATION FOR CAUSE 11.29.1 If the (ARCHITECT) fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the (ARCHITECT) violates any of the covenants, conditions, agreements, or stipulations of this Agreement, the County shall have the right to terminate this Agreement by giving written notice to the (ARCHITECT) of such termination and specifying the effective date thereof, which shall be at Ieast fourteen (14) days before the effective date of such termination. In the even of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the (ARCHITECT) pursuant to this Agreement shall, at the option of the County, be turned over to the County and become the property of the County. In the even of termination for cause, the (ARCHITECT) shall be entitled to receive reasonable compensation for any necessary services actually and satisfactory performed prior to the date of termination. 11.29.2 Notwithstanding the above, the (ARCHITECT) shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of contract by the (ARCHITECT), and the County may set-off the damages in incurred as a result of the (ARCHITECT)'s breach of contract from any amounts that might otherwise owe the (ARCHITECT). 11.30 TERMINATION FOR CONVENIENCE OF THE COUNTY 11.30.1 County may at any and for any reason terminate (ARCHITECT)'s services and work at County's convenience upon providing written notice to the (ARCHITECT) specifying the extent of termination and the effective date. Upon receipt of such notice, (ARCHITECT) shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities, and supplies in connection with the performance of this Agreement. 11.31 INCREASING SEAT BELT USE IN THE UNITED STATES 11.31.1 Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its (ARCHITECT) to adopt and enforce on -the job seat belt policies and programs for then employees when operating company -owned, rented, or personally owned vehicles. 11.32 REDUCING TEXT MESSAGING WHILE DRIVING 11.32.1 Pursuant to Executive Order 13513, 74 RF 51225 (Oct. 6, 2009), Recipient should encourage its employees, subsvcipients, and (ARCHITECT) to adopt an enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 11.33 SECTION 504 OF THE REHABILIA.TION ACT OF 1973 11.33.1 As amended (29 U.S.C. §794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. Agreement Betmen County and Plan North Architectural o, u- Page 17 of20 Vol. vpg. lP3 This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAZOS PLAN NORTH ARCHITECTURAL CO. Duane Peters, County Judge by: Principal Acting by and through the authority of the Brazos County Commissioners Court Attest: Approv�'d as F 1 �SS1Sta3it�4L1 At#{3MQE - Vol. se 18 ofw Agreement Between County and Plan North Architectural Co. �-- REQUEST FOR QUALIFICATIONS RFQ NO. CIP 23-558 Brazos County Administration Building Feasibility Study SEALED STATEMENTS OF QUALIFICATION TO BE SUBMITTED BEFORE: Tuesday, November 8, 2022, 2:00pum CST TO THE: BRAZO S C OUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352. Brun, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 - Respondents, their employees and/or representatives are prohibited from contacting any offidal or employee of Brazos County, except the Purchasing Agent, regarding this solicitatidn from the issuing date *of the solicitation onfiil •scheduled oral presentations or the date the Brazos County Commissioners Court meets to _ considerav&d ofthe Request fur Qualifications (RFQ). Any such contact will be grounds forre ei ction of the respondent's proposal. In compliance with this solicitation, the undersigned respondent having examined the solicitation 'and specifications and being familiar with the conditions to be met, hereby submits the following RFQ for famishing the services listed'on the attached bid form and agrees to deliver said items at 1he locations and for the pries set firth on the bid fom1. ' CanpauyNeme: Plan North, , p an Wft.Archltectural Co. - By (pi4 Katie Burch Title: Manager PhysicalAftess` 107 S.Bayi r, Brenham, Texas 77833 MailingA tdress. R O. Box 2468, Brenham, Texas 77834 Telephone: (979) 251-4145 gam: NIA Katie@,Plannorth.com Pg. to t d. List five (5) similar training, classroom, or educational facilities that have been designed and completed by the proposed consultant firm personnel. For each project, provide the name, type and scope of project, location (city), anticipated completion date, actual completion date, number and amount of change orders, names, phone numbers, and email address of the owner. e. List three (3) projects that the proposing architect has worked with the proposed consultant firm. Include the consultant's responsibility for the project. 5. Schedule and Bud -yet Control (20 Points) a. Describe, in detail, the project scheduling system or methodology you propose to use in this project. b. Identify all key steps, phases, milestones, approvals, and project meetings you anticipate in a proposed schedule for the project. c. For the projects listed in response to question 2.b. above, provide a list of the project costs indicating the initial estimate, the original bid amount, the negotiated bid amount (if any), the final closeout cost, change orders, and the reason for the change orders. d. Will the consultant fees be included in the basic architectural service provided by the firm? If not, how do you propose to bill the County for those services? Which services will be self -performed and which ones will be sub -contracted? e. Describe how you propose to control the quality of construction. 6. Uniqueness (5 Points) a. In 300 words or less, explain why you believe your organization is uniquely qualified to provide design services for Brazos County. Include any other information, which you feel would be helpful in the selection of your firm in this project. O. EVALUATION AND AWARD As the basis of award, the County intends to utilize the determination of "best qualified to provide the required services." There is no guarantee expressed or implied that they County will provide work to all or any of the Respondents that submit a response to this RFQ. The selection of the firm to provide professional services in connection with this project shall be on the basis bf demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. A professional service agreement will be entered into with the most qualified responsible individual or firm who complies with the prescribed requirements. No service contract will be awarded until all necessary investigations have been completed regarding the responsibility and qualifications of the firm or individual. Requests for Qualifications will be reviewed and evaluated by a committee and ranged based on the following considerations: Organization 5 points Experience of Firm's Proposed Personnel 30 points Process of Planning and Project Management 20 points Finn's Proposed Subcontractors and their Experience 20 points Vol. L 7 pg. .J Schedule and Budget Control Uniqueness TOTAL 20 points 5 points 100 points In the event that the County requires additional information or clarification, interviews may be conducted with selected individuals or firms. County staff will make a recommendation to the Commissioners Court for the final selection and award. 1. Brazos County, at its sole discretion, reserves the right to reject any or all Proposals, reject any particular item on a Proposal, and/or waive immaterial formalities and to accept the offer most advantageous to the County. 2. All Qualification Statements are evaluated for compliance with the RFQ. Failure to comply with the listed Conditions of Proposals may result in disqualification of the Proposal. 3. Any contract made, or purchase order issued, as a result of this RFQ shall be entered into the State of Texas and under the laws of the State of Texas. In. connection with the performance of work, the Respondent agrees to comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, and all other applicable Federal, State, and local laws, regulations, and executive orders to the extent that the same may be applicable. Respondent further understands and agrees that venue shall be in Brazos County, Texas. P. REFERENCES Vendors shall provide a list of at least five (5) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. References received on previous solicitations for similar size and scope in the previous six (6) months may be considered in lieu of obtaining a new reference check. A negative reference may be grounds for disqualification of bid. Bidders are not allowed to use Brazos County as a reference. Company/Entity: Citizens State Bank Contact Mr. Ben Flencher, Chairman of the Board Phone: (979) 596-1421 Email• bflencher@csbbt.bank Vol. Pg. 67 - company/Entity: Germania Insurance contact: Mrs. Rose Stein Phone: (979) 277-7029 Email: rstein@germaniainsurance.com ----------------- Company/Entity: Brazos Transit District Contact: Mrs. Wendy Weedon, Deputy CEO Phone: (979) 450-2660 Email: wendy@btd.org Company/Entity: Washington County Contact: Mr. Luther Hueske, Former Commissioner Phone: (979) 830-7902 Email: lutherhueske@hotmaii.com Company/Entity: Brenham's State Supported Living Center Contact Ms. Kristie Wensel, Asst. Director of Administration Phone: (832) 721 2781 Email: kristie.wensel@hhsc.state.tx.us Vol. 3� 7 Pg. ( � '1 Q. V.T.0 A. LOCAL GOVERNMENT CODE Ii262.0276 This Section must be completed. Failure to complete this section will disqualify the bid. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code §262.0276 a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and' any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, -will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered `lion -responsive" and "not responsible", eliminating it from any further consideration of -award. f. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title (Owner, Officer, Director, Manager, Eta) Katie Burch Owner Ken Burch Owner Blake Clements Principal T_ E . I % Pg. __ i R. PROPOSAL EVALUATION WAIVER By submitting a proposal or response, each Proposer/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 Affh-mation 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: Plan North, LLC, DBA Plan North Architectural Co. Address: 107 S..Baylor, Brenham, Texas„ 77833 Proposer's Name: Katie Burch Position/Title: Manager ' Proposer's Signature: e Date: November 7, 2022 Subscribed and sworn to me on this Laura Cassoni 44.1& C401.N ` Notary Public My Commission expires April 8, 202 7th day of Nov. LAURA CASSONI Rotary My Commission Expires April 8, 2025 in the year 2022 v®i. 3 7 P91 70 Brazos County Purchasing Department 200 S. TX. AW , STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum #1 to RFQ 23-558 Brazos County Administration Building_ Feasibility Study Issued: October 20, 2022 Change: Pre -Proposal Clarification Reason: Conflicting times on RFQ There will be a pre -proposal conference meeting in the Commissioner's Courtroom located at the Brazos County Administration Building, 200 South Texas Ave, Bryan, Texas 77803 at loam CST on Wednesday, October 26, 2022. The bid states in one place it will be at 2pm on that day, but that is incorrect. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum: rw &V&4, Signature: Printed Name: Vol. _� Pg. 7 / .J S. ADDENDA The undersigned acknowledges receipt of the following addenda issued during the time of Bidding and includes the several changes therein in this Proposal. No. 1 No. Date October 20, 2022 Date T. CERTIFICATION OF PROPOSAL No. Date The undersigned affums that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Contractor, and that the contents of this bid have not been communicated to any other Contractor prior to the official opening. Signed By: Title: Manager r Typed Name: Katie Burch Company Name: Plan North, LLC, DBA Plan North Architectural Co. Mailing Address: P. O. Box 2468, Brenham, Texas 77834 P.O. Box or Street City State Zip Employer Identification Number: 27-4032344 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF RFQ NO. CIP 23-558 By signing below, Brazos County agrees that this RFQ CIP 23-558 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. h By: Brazos County Com--miissioner's Court Date: cJA N V, A (Z-`i l 01 o2O 3 Attest: Brazos County Clerk Vol. Ja' 7 pg. 72- U. LEGISLATION CERTIFICATION 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 227L 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270,001, and 2274.002 Texas Government Code: l . `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-ownmed subsidiary, parent company or affiliate of those ` entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. r.. Company Name: Plan North, LLC, DBA Plan North Arphitectura)l Co. Authorized Company Representative: Katie Burch Address: 107 S. Baylor, Brenham, Texas 77833 Signature. Date: November 7, 2022 Contract # CIP 23-558 Brazos County Administration Building Feasibility Study E Pg' Exhibit A: ARPA Requirements I, Katie Burch (representative's name), as a duly authorized representative of Plat NCM. LLC. MAL RM NOM ArdU1edufel Co. (con]pany's name), agree to the following and affirm that Plan Noah, LLC. DBA Plm North A xhlectaW Co. (company's name) will comply with all requirements herein. 1. Brazos County is an Affirmative Action / Equal Opportunity Employer a. Residents, Minority Business Enterprises, Small Business Enterprises, Woman Business Enterprises, and Labor Surplus Area firms are encouraged to submit SOQs. Z. Statement of Conflicts of Interest (if any) a. The service provider or key employees may have regarding these services, and a plan for mitigating the conflict(s). Note that Brazos County may in its sole discretion determine whether or not a conflict disqualifies a firm, and/or whether or not a conflict mitigation plan is acceptable. 3. System for Award Management a. Service provider and its Principals, shall not be debarred or suspended nor otherwise on the Excluded Parties List System (EPLS) as its principals are not listed (or not debarred) through the System for Award Management (www.SAM.aov). 4. Form Conflict of Interest Questionnaire (found on our webpage, www.brazoscountytx.ggv) a. Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local affiliation, business relationship, family relationship, or provision of gifts that might cause a conflict of interest with a local government entity. Questionnaire form CIQ is included in the RFQ and must be submitted with the response. 5. Certification Regarding Lobbying — Disclosure of Lobbying Activities (enclosed) a. Certification for Contracts, Grants, Loans, and Cooperative Agreements is included in the RFQ and must be submitted with the response. 6. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms a. Small and minority businesses, women's business enterprises, and labor surplus area firms are encouraged to participate in this RFQ. If the awarded vendor is a prime contractor and may use subcontractors, the following affirmative steps are required ofthe prime contractor. i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Vol. 7 pg. Page 1 of 11 1 -t .-r iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and woman's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department .of Commerce. 7. Equal Employment Opportunity (2 CFR 200 APPENDEX II (C) and 41 CFR §60-1.4(b)) a. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must -include the equal opportunity clause provided under 41 CFR 604.1(b� in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 3391 as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." b. 41 CFR 60-1.4 Equal opportunity clause. i. (b) Federally assisted construction contracts. (1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: 1) The [recipient] hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: a) During the performance of fhis contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Vol. 39 7 P 9 25-- Page 2 of 11 (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against :any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or other employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and .orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and Page 3 of 11 such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 if Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract .or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: 1. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by -the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 2. The [recipient] further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the [recipient] so participating is a State or local government, the above equal opportunity clause is not applicable to any agency instrumentality or subdivision of such government which does not participate in work on or under the contract. 3. The [recipient] agrees that -it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 4. The [recipient] further agrees that it will refrain from entering into any contract or contract modification subjectto Executive Order 11246 of September 24, 1965, with a contractor debarred from , or who has not demonstrated eligibility for, Government contracts and federally assisted construction Vol. pg. 77 Page 4of11 , contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the [recipient] agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all ofthe following actions: Cancel, terminate, or suspend in whole or in part this grant (contrast, loan, insurance, guarantee); refrain from extending any further assistance to the [recipient] under the program with respect to which the failure or refund occurred until satisfactory assurance of further compliance has been received from such [recipient]; and refer to. case to the Department of Justice for appropriate legal proceedings. 8.- Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (2 CRR 200 APPENDIX II (E)) a Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at the rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9. Rights to Inventions Made Under a Contract or Agreement (2 CFR 200 APPENDIX 11(F)) a. Ifthe Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or recipient must comply with the requirements of 37 CFR Part 401, "Rights to inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 10. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended (2 CFR 200 APPENDIX II (G)) Page 5 of 11 Vol. Pg. 7 �' a. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U. S.C.1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 11. Debarment and Suspension (Executive Orders 12549 and 12689) (2 CFR 200 APPENDIX H (H)) a. A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusion in the System for Award Management (SAM), in accordance with the OMB guidelines a 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p, 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 12. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) (2 CFR 200 APPENDIX II (1) and 24 CFR §570.303) a. Contractors that apply or bid for any award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an -officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbing with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 13. See 2 CFR §200.323. (2 CFR 200 APPENDIX H (J)) 14. See 2 CFR §200.316. (2 CFR 200 APPENDIX H (K)) 15. See 2 CFR §200.322. (2 CFR 200 APPENDIX H (L)) 16. The Federal awarding agency must establish conflict of interest policies for Federal awards. The non -Federal entity must disclose in writing any potential conflict of interest to the Federal awarding agency or pass -through entity in accordance with applicable Federal awarding agency policy. (2 CFR 200.112) 17. The Federal awarding agency and the non -Federal entity should, whenever practicable, collect, transmit, and store Federal award -related information in open and machine-readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency -- Page 6 of 11 Vol. ��� pg. 7i or pass through entity must always provide or accept paper versions of Federal award -related information to and from the non -Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass -through entity must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (2 CFR 200.336) 18. Contracting with HUB, small and minority businesses, women's business enterprises, and labor surplus area films. (2 CFR 200.321) a. The non -Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. b. Affirmative steps must include: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i) through (v) of this section. 19. Financial records, supporting documents, statistical records, and. all other non -Federal entity records pertinent to a Federal award must be retained for a period of five years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date ofthe submission ofthe quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass -through entities must not impose any other record retaining requirements upon non -Federal entities. (2 CFR 200.334) They only exceptions are the following: a. If any litigation, claim, or audit is started before the expiration ofthe 5-year period, the records must be retained until all litigation, claims, or audit findings involved the records have been resolved and final action taken. b. When the non -Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversite agency for audit, cognizant agency for indirect costs, or pass though entity to extend the retention period. Page 7 of 11 Vol. 31? Pg go .i c. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition. d. When records are transferred to or maintained by the Federal awarding agency or pass through entity, the 3-year retention requirement is not applicable to the non -Federal entity. e. Records for program income transactions after the period of performance. In some cases, V recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program --` income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. f. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). i. If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the past -through entity) to form the basis for negotiation of the rate, then the 3-year retention period for its supporting records starts from the date of such submission. 4 ii. If not submitted for negotiation. Ifthe proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass -through entity) for negotiation purposes, then the 3-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. 20. CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITED (Texas Government Code 2252.152) a. A governmental entity may not enter into a governmental contract with a company_that is . ' identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153. The term `foreign terrorist organization" in this paragraph has the meaning assigned to such a term in Section 2252.151(2) of the Texas Government Code. 21. PROVISION REQUIRED IN CONTRACT (Texas Government Code 2271) a. In between a governmental entity and a company with 10 or more frill --time employees; and b. Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. c. A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: r i. Does not boycott Israel; and V ii. Will not boycott Israel during the term of the contract 22. The contract award is contingent upon the receipt of ARP Act funds. If no such funds are - awarded, the contract shall terminate. Page 8 of 11 `; VOL Pg. 1 23. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201) 24. Title VI of the Civil Rights Act of 1964 a. The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits or, or otherwise ti discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § S 2000d et seq.) as implemented by the Department of the Treasury's Title VI regulations, 31 .� CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as - implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 25. The Fair Housing Act, Title V111 of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. 26. Age Discrimination Act of 1975 a. The contractor shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be ;> denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 27. Americans with Disabilities Act a. Contractor shall not discriminate against a qualified individual with a disability and shall comply with the Americans with Disabilities Act, P.L. 101-336, 42 U.S.C. 12101 et seq. and any property promulgated rules and regulations related thereto. -' 28. Conflicts of interest a. Governing Body i. No member of the governing body of the County and no other officer, employee, or agent of the County, who exercises any functions or responsibilities in connection with administration, construction, engineering, or implementation of award between the F Department of Treasury and the County, shall have any personal financial interest, direct or indirect, in the Contractor or this Contract; and the Firm shall take appropriate steps to assure compliance. b. Other Local Public Officials i. No other public official, who exercises any functions or responsibilities in connection with v the planning and carrying out of administration, construction, engineering, or implementation of the ARPA award between the Department of Treasury and the County, 1 i '-t Vol. 7 i'9• �' 2 Page 9 of 11 J ✓,5 J shall have any personal financial interest, direct or indirect, in the Contractor or this Contract; and the Contractor shall take appropriate steps to assure compliance. - c. The Contractor and Employees i. The Contractor warrants and represents that it has no conflict of interest associated with the ARPA award between the Department of Treasury and the County or this Contract. The Contractor further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the ARPA award between the ' Department of Treasury and the County or in any business, entity, organization, or person that may benefit from the award. The Contractor further agrees that it will not employ an individual with a conflict of interest as described herein. 7 29. Access to Records -`{ a. The U.S. Department of Treasury, Inspectors General, the Comptroller General of the United States, and the Texas Division of Emergency Management and the County, or any of their authorized representatives, shall have access to any documents, papers, or other records of the - Contractor which are pertinent to the ARPA award, in order to make audits, examinations, ` excerpts, and transcripts and to closeout the County's ARPA contract with the Department of Treasury. 30. Retainage of Records a. Grantees or subgrantees must retain all required records for three (3) years after grantees or subgran tees make final payments and all other pending matters are closed. 31. Termination for Cause a. If the Contractor fails to fulfill in a timely and proper manner its obligations under this 1 Agreement, or if the Contractor violates any of the covenants, conditions, agreements, or stipulations of this Agreement, the County shall have the right to terminate this Agreement by giving written notice to the Contractor of such termination and specifying the effective date thereof, which shall be at least fourteen (14) days before the effective date of such termination. f In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor pursuant to this Agreement shall, at the option ofthe County, be turned over to the County and become the property of the County. In the event of termination for cause, the Contractor shall _ be entitled to receive reasonable compensation for any necessary services actually and satisfactory performed prior to the date of termination. b. Notwithstanding the above, the Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of contract by the Contractor, and the County may set offthe damages it incurred as a result of the Contractor's breach of contract from any amounts that might otherwise owe the Contractor. 32. Termination for Convenience of the County } a. County may at any and for any reason terminate Contractor's services and work at County's convenience upon providing written notice to the Contractor specifying the extent of Page 10 of 11 Vol. 38 ? pg. termination and the effective date. Upon receipt of such notice, Contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities, and supplies in connection with the performance of this Agreement. 33. Increasing Seat Belt Use in the United States a. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on -the job seat belt policies and programs for their employees when operating company -owned, rented, or personally owned vehicles. 34. Reducing Text Messaging While Driving a. Pursuant to Executive Order 13513, 74 RF 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt an enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 35. Section 504 of the Rehabilitation Act of 1973. As amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. I, Katie Burch 4(res i tive's name), as a duly authorized representative of Plan Noah. etc. MA wan NodhAmMocWM co. (company's name), agree to the following and affirm that wan Nodh, u.c. DaA wan NodhAmMeahua! co. (company's name) will comply with all requirements herein. Page 11 of 11 Vol. �5s7 Pg. Y Exhibit B: Certification Regarding Lobbying (To be submitted with each bid or offer exceeding $100,000) The undersigned certifies, to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in - connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, - subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Plan North, LLC, DBA The Contractor, Plan North Architectural Co. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Signature of Contractor's Autfloriied Official Katie Burch, Manager - Printed Name and Title of Contractor's Authorized Official 11/07/2022 Date Val. Fig. �.S "l - INSTRUCTIONS FOR COIWTPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ' ACTIVITIES ^, This disclosure form shall be completed by the reporting entity, whether subawardee or prime j Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to snake payment to any -lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1.Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2.Identify the status of the covered Federal action. 3.Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4.Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not ` . limited to subcontracts, subgrants and contract awards under grants. 5-If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6.Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7.Enterthe Federal program name or description forthe covered Federal action (item 1). Ifknown, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. S.Enterthe most appropriate Federal idea fyingnumber available. forthe Federal action identified in item 1 (e.g., Request for Proposal (RFQ) number, Invitations for Bid (IFB) number, grant announcement number, the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFQ-DE-90-001." r Vol. ti 9.For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10.(a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11.The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions,.searching existing data sources, gathering and maintaining the data needed, and completing and reviewingthe collection of information. Send comments regardingthe burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office ofManagement and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503 Vol. L t7 Pg, Y7 "1 Approved by OMB 0348-0046 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 ie+— r.wr.ree f^r ni oklin W wA., rlienlnct trol Type of Federal Action: Status of Federal Action: Report Type: a. contract a. bid/offer/application a. initial filing b. b. grant a. b. initial award a. b. material change c. cooperative agreement c. post -award d. loan e. loan guarantee f. loan insurance Name and Address of Reporting Entity: If Reporting Entity in No. 4 is Subawardee, Enter x Prime Subawardee Name and Address of Prime: Tier , if Known: Plan North, LLC, DBA Plan North Architectural Co. Washington County, TX 107 South Baylor Brenham, TX 77833 Congressional District, if known: Congressional District if known: Federal DepartmentlAgency: 7. Federal Program Name/Description: U.S. Department of Labor CFDA Number, if applicable: WA Federal Action Number, if known: 9. Award Amount, if known. Not Known $ Not Known 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including (if individual, last name, first name, Ml): address if different from No. 9Oa) (last name, first name, Ml): Not Applicable. PlanNorth hs undertaken any lobbying Not Applicable. PlanNorth not activities. hs not undertaken any lobbying activities. 11. Information requested through this form Is PW authorized by title-31 U.S.C. section 1352. This Signature: disclosure of lobbying activities Is a material representation of fact upon which reliance was placed Print Name: Katie Burch by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 Title: Manager U.S.C.135Z This information will be reported to the Congress semi-annually and will be available for public Inspection. Any person who falls to file the required Telephone No.. 879.251:4145 Date: i 1-07-Z022 disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ..Federal. Use Only. Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) Vol. �07 pg. �� CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the taw by H.B. 1491, 80th Leg., Regular Session. OFFICEUSEONLY Date Received This questionnaire is being filed in accordance with Chapter 176, Local Govemment Code by a person who has a business relationship as defined by Section 176.001(1-a) wfth a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must befiled with the records administrator of the local governmental entity not later than the 71h business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code.An offense underthis section is a Class C misdemeanor, 1 Name of person who has a business relationship with local governmental entity. Plan North, LLC, DBA Plan North Architectural Co. 2 aCheckthis box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. N/A Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Govemment Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable Income, other than Investment Income, from the filer of the questionnaire? ED Yes a No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment Income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Q Yes EZ] No C. is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? ® Yes 0 No D. Describe each employment or business relationship with the local government officer named in this section. N/A 4 11/07/2022 Signature of person doing business with the governmental entity Date Adopted 06/29/2007 Pg. V. The following items should be completed and included in Your bid submission. Failure to include these items will disguWW your bid. 12 References (Section P) ® V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section Q) 0 Statement of Affirmation (Section R) 12 All Addendum (Section S, if applicable) is Certification of Proposal (Section T) 12 Legislation Certification (Section U) 12 Exhibit A — ARPA Requirements id Exhibit B — Lobbing Form ® Exhibit D — Conflict of Interest Questionnaire (if applicable) Texas Historically Underudlized Business (HUB) Certificate CecffkaW&-HUB ApFavM03Dhdiit�ler_ aV25,2D22 D APPfavalDazE May25,?A22 SdmhdedWnabwDaw May2-%2= `A'sw�e�•u:uu@�tteitMiSY--dOcilx»['rr: � The Texas Comptroller of Public Accounts (CPA), hereby certifies that PLAN NORTH, LLC has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. Tads certificate printed May 25, 202Z supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (Le, business structure, ownership, day to day management, operational control, business location) provided In the submission of the business application for registrationfcerrilication as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibfliy. nbftb advror pay== ander dt =do ac=d SWMWder!tBPrrgrain stasexide PAvaaemear oAd can toe WNng"bolnm = a kum drl==Sf14d rc===eammomdtovaftCeammWW1t B Vol. 3Y7 Pa. q � EXHIBIT "I" BRAZOS COUNTY ADMINISTRATION BUILDING FEASIBILITY STUDY FEE & SCOPE PRPOSAL REQUEST FOR QUALIFICATIONS CIP 23-558 Vol. 3Fr7 pg. Agreement Between County and Plan North Architectural Co. Page 20 of20 PLANNORTH AItc13I't7.:C;7'uRAL CO. Fee and Scope Proposal for Architectural Services for Brazos: County .RFQ NO. CIP 23-5.58 Administration Buildind Feasibility Study Sanctuary Area Prepared December 19, 2022 THE FOLLOWING SERVICES ARE INCLUDED IN THE ARCHITECTURAL FEE FOR THE DESIGN OF THE PROJECT,LOCATEQ AT 200 South Texas Avenue.in Bryan, Texas:' During Feasibility, the -Architect's- Team wili: a Attend, participate, lead.and document meetings with County.. o Produce As-Built.drawings in Revit for use. a Produce Test-Fit*and conceptual plans. • Produce scoping plans.. o Produce Written materials for Program of Requirements in Excel and MS Word formats.. o Produce Architect's Probable Opinion of Cost docurnents'ln Excel. o Produce and Present deliverables.of all feasibility presentations. o -Coordinate-with consulting engiri'ears as needed to define:scope. e Provide feasibility ideas for preliminary pricing; and. discussion.. a Meet and reviewwith Authorities Having Jurisdiction to confirm that the concepts are feasible. t. Compensation for the Services and Products above please refer to Exhibit A, attached. 2. This.agreenent.excludes all erigirieer..Ingiconsultant'drawi:igs, construction documents for permitting, and 'sealed architectural drawings of any type. 'Consultant services maybe added to thi's agreement as documented in PlanNortWs.submitted RFQ,.Proposal upon'the County's -request for an additional fee. Please refer to Exhibit A attached. Vol. !?7 pg. Should you be Interested in beginning work on the planning and design of your project, please Indicate your acceptance below. Signature: Printed Name: Representative, Owner: Date: Signature: Printed Name: Principal, PlanNorth: Date: N io I a.,oa3 A0 2� Vol. Pg. � EXHIBIT A Lump Sum Fee = $31,995.00 Profit of io% = $3,555.00 Total Compensation Fee = $35650.00 LOOM al Ilr •1 • .T• ' •� Includes: Structural, MCP, Asbestos Report, Acoustics, Audio - Visual Not to lExceed Amount = $i9rzoo.00 vol. �8 pg. ® EXHIBIT B Hourly Rates for PlanNorth PositiQns Position Rate to Bill Principal (Architect) $275/hour Project Manager $Tsslhour Senior project Architect $1551hour Architect $1351hour Designer $12o/hour Construction Services $9o/hour Administrative $751hour Vol. pg. EXHIBIT C mpg a Fbasjbllfty-S[mduLg PLAN NORTH *� �,► t�' AttcFitll:C.rURA.GO. k. C� °° ��Co��•:��J�r;�t� �Y��Adr,��ini`s�i~ati,_�n �ruld`ng • ''�� " • • - .-�, Proposed Feasibility Schedule Dea22 Jan-23 Feb-23 'Mar-23 Sanctuary Feasibility Study Site U�sit/As-built Drawin s S[akeholder Meetin s/,Space Programming/Consultant to ut RevidW andlinal¢e proi7ram and test tit deawtn s. Cost Estimating' Create and. present feasb fi report :Fe6rupry 21;2023 Q 10 Commissioners Caurt Meeting a.m. Vo'i. 3 �Z Fig. �r 7 PLANNORTH .A.RC1-J1TFc'1'URAI, CO. Fee and -Scope- Proposal for Architectural Services. for Brazos County RFQ NO. CIP 23-558 Administration Building Feasibility Study North Wing Prepared QeceMbe? 19, 2022 THE:FOLLOWING SERVICES ARE -INCLUDED IN THE ARCHITECTURAL FEE FOR THE'DESIGN OF THE PROJECT LOCATED AT 200 South,Texas Avenue in Bryan, Texas; During Feasibility, the Architect's Team will: o Attend, participate, lead and document meetings with County. o Produce Test -Fit and conceptual plans: o Prod:Ke written materials for Program of Requirements In Excel!and MS Word formats. Produce Architect's Probable Opinion of Cost documents. in Excel. o Produce and Present deliverables�of'ali feasibility,presentations: o Provide feasibility ideas for preliminary pricing and. discussion. 1. Compensation for the Services and Products above please refer to Exhibit A attached. 2. This. agreement excludes all eng'ineefing/consultant &awings,•construction documents"for permitting,.and sealed architectural drawings of any type. Consultant services may be added to this agreement as documented in. Plan North's.submitted RFQ Proposal upon the County's .request for an additional fee., VOL Jk 7 pg. �� 3 i i E e Should you be interested in beginning work on the planning and design of your project, please indicate your acceptance below. j Signature: Printed Name: V EXA1 6 1 %— 1�-S Representative, Owner. Co Date: 1 C' a,o023 Signature: Printed Name: Principal, PlanNorth: Date: -� e:►F/U� Vol. 9'P9. �% EXHIBIT A Lump Sum Fee = $22,329.00 Profit of so% = $2,481.00 Total Compensation Fee = $24,810.00 Vol. pg. ��o EXHIBIT B Hourly...Rates for PlanNorth Positions Position Rate to Bill Principal (Architect) $275/hour Project Manager $1551hour Senior Project Architect $15s/hour Architect $1351hour Designer $12o/hour Construction Services $go/hour Administrative $751hour Vol. v' pg. /�/ FJ(HISIT C Emp ade-dLeasAff it, 5Aiadde .NT11, 0 PLANNORTH L 9:Q. M" -6 m on-- El Proposed Feasibility Schedule Decv22 Jan-23- Feb-23 Mar-231 NorthWifigIrreatiWility 5tudy Site Visit/As-built DrdvAngs Stakehdder Medtin'qs/Soarce-Ptocjfa-nvning Review znd- Make program and test fit dramdngt Cost Estimating. Crike-and present feasbirity- report Comaiiss!oncmtouri Meetho Februarv7,2023 @ 10 i.in. Vol 23 LZ Pg. 16 7— DEPARTMENT: Road and Bridge BRAZOS COUNTY BRYAN, TEXAS NUMBER: Garrison Creek Ph 3 Amending Plat to correct missing, line table information DATE OF COURT MEETING: 1/10/2023 ITEM: Approval of the Amending Plat of Garrison Creek Subdivision Phase 3 to correct line table information. See attached sheet 2 of 2. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 12/28/2022 FISCAL IMPACT. False BUDGETED: False DOLLARAMOUNT: $0.00 ATTACHMENTS: File Name Description AmendingPlatApplication GarnsonCreek Phase3.odf Application for Development Garrison Creek - Phase 3 - Amending Plat 12- Plat 22.pdf Type Backup Material Backup Material R Duane ]Peters Date County Judge Vol. 3 7 Ed E op rR PLAT APPLICATION Brazos County Road & Bridge Office 261.7 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email plats a.brazoscountytx.gov PROPERTYSUBJECT INFORMATION APPLICATION DATE': 12/15/2022 RESUBMITTAL: ID YES ❑ NO PROJECT/SUBDIVISION NAME: 'Garrison Creek Subdivision (Phase 3) PROJECT ADDRESS OR LOCATION: Shirley Road LEGAL DESCRIPTION: W.L. ELLIS SURVEY A-117 IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 23 TOTAL ACREAGE 32.81 out of 85.58 JURISDICTION: ❑ CITY LIMITS ❑ ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. ❑ MASTER PLAN TYPEOF ,•• • ❑ SIMPLIFIED PLAT I ❑ PRELIMINARY PLAN ❑ FINAL PLAT El AMENDING PLAT ❑ REPLAT • PURPOSE. ❑ RESIDENTIAL ❑ MANUFACTURED HOME RENTAL COMMUNITY ❑ COMMERCIAL ❑ OTHER (Please explain): IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES EI NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments ate considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodpiain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TXDOT RIGHT OF WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES ID NO DIGITAL • COUNTY ENGINEER ❑ ADOBE (.pdf file) ❑ AutoCAD (.dwg file) (Email To: plats@brazoscountytx.gov) 911 ADDRESSING ❑ ADOBE (.pdf file) ❑ AutoCAD (.dwg file) (Email To ois brazoscountvtx.cov) CONTACT•' • V®!e 3 7 Pg. /° 7 d.. .+wY'F .v - $'g✓5.3 �{. .d APPLICANT$INFORA11ATroN...���07 �° -H&RMN`' AM - s,. k'€` . FIRM NAME: S.E. Investments, LLC CONTACT: Carey Smith ADDRESS: P.O BOX 138 CITY: Kurten STATE: Texas ZIP: 77842 PHONE: 979-690-7711 FAX: EMAIL: careysmith@texcon.net PROPERTYsOWNER INFORMATION _ _� FIRM NAME: S.E. Investments,, LLC CONTACT: Carey Smith ADDRESS: P.O BOX 138 CITY: Kurten STATE: Texas ZIP: 77842 HONE: 979-690-7711 [EMAIL�, FAX: Careysmith@texcon.net >"NEERINFORMATION � `i .r.,3-_,r'2,.cFb,. FIRM NAME: JBS Engineering and Environmental, LLC. CONTACT: William Cullen, P.E. ADDRESS: 2129 E William J. Bryan Pkwy. CITY: Bryan STATE: Texas ZIP:77802 PHONE: 979-485-2879 FAX: EMAIL: bill@jbs-bcs.com SURVEYOR INFORMATION, ;� -r $ ;,;. ��� d .. ,Y ...3 ..d %K ...._.. k:.. ,vim _ .>e..-hi._ s mint _ §,-'�'., .., [,., iv= # . FIRM NAME: Tumlinson Land Surveying CONTACT: Tyler Tumlinson ADDRESS: 1015 Holt Street CITY: College Station STATE: Texas ZIP: 17840 PHONE: 254-931-6707 FAX: EMAIL: tylertumlinson@gmail.com FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT I AGENT AUTHORIZATION Vol. 3E7 pg. /os,— By my signature, 1 hereby affirm that I am the property Owner of record, or if the Applicant is an organization or business entity, that authorization has been granted to represent the owner, organization or business in this Application. I certify that the preceding information is complete and accurate, and it is understood that 1 agree to the Development/Subdivision of this property. f SIGNATURE: t PRINTED NAME:, Carey Smith DATE: 12/15/2022 SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the .County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioners Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. DATE APPLICATION RECEIVED: / / . i DATE APPLICATION RECEIVED / REJECTED: SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): • Three (3) hard copies to Brazos County ❑ One (1) .pdf copy to Brazos County El 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): 0 Letter from Brazos County Health District - For On -site sewage evaluation. ❑ Letter from Brazos County 911 - For Road names.. 0 Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the 'County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Vol, 3 9'7 Pg. /° Every Simplified Plat 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.) (Replats need to retain original Subdivision name.) ❑ Date of preparation. (Include the date of any revisions on the plat.) ❑ Engineer's scale in feet. ❑ Total area intended to be developed. ❑ Proposed number of Lots to be developed. ❑ Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. ❑ North arrow. 0 Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. ❑ Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. ❑ All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. • A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. ❑ 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) ❑ All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ❑ Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) ❑ Pipelines: label company with volume and page. ❑ All certification language as found in Appendix C. ❑ Easements and rights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. ❑ 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 !Vol. JX7 pg. / 0 7 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) 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 recorded. • Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. ❑ The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). • If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seat of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. ❑ BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. • A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum. FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. Q 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. voi. 31(7 pg. l p ff ❑ If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ❑ 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. O 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. 0 Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. ❑ If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. ❑ The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. ❑ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that :no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. ❑ Any Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license .agreement between the County and the Owner. ❑ This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vol. 397 pg. /� %� Every" Master Plan / Preliminary Plan shall include all of the fallowing: ❑ 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. ❑ 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 plan drawing. ❑ County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. '❑ Road names and Road designation (whether the Road will be public or privately owned), pavement width and Right -of -Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) ❑ All existing and proposed plan boundary lines, phase/section lines, and Lot lines 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 rights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. v®i. 39 7 Pg. // 0 ❑ All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. ❑ Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ.), this may be shown on the drawing or included as a plan note. ❑ Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) ❑ Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. ❑ The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. ❑ The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on.the most current Brazos County .Flood Insurance Rate. Map (FIRM), published by the Federal Emergency Management Agency (FEMA). ❑ if there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. ❑ BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists, within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. ❑ 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 1, Chapter 290, Subchapter D Rule §290.41. • It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ❑ 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. 3K7 Pg. ll/ ❑ 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. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. ❑ 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. ❑ The location of proposed cluster mailboxes, as required. • All proposed Off -site Easements for infrastructure construction must be shown on the Preliminary Plan. ❑ Proposed phasing. .Each phase must be able to stand alone to meet requirements of these Regulations. D 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 of the plan shall be submitted to the County Engineer for approval. ❑ Include a description of contributing drainage to the proposed .Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. ❑ Drainage narrative in compliance with the BCEDG. Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On -site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vol. E_ Pg. ��� Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: ❑ For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. ❑ 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 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. ❑ All Off -site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. ❑ 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. //3 ram aae.A�rwea..m fr... �w.a ae.rca.,.wm.mnwo.wr..mt^,D Dwmu � eJau.a•scuwuDwwmwfm,,rm. r.r.,r,st w...rwwAwma.wrru.J..m.ww..::rw w.r,.een Ay1am W,p faeewt, r ww rmwm.w.. f m..• Jrea�m.rfeereuJd t rMrw,,,e.,,a..mm..me..e,aw t...nD. muawraAa.m. vmf rieJ few.ma.o.a.unen�.r...asw+�a.m.mr...ga aww,v omm.aa�+.,e<.w.arwtr sAw:..JJatiw�rtr J..fs, „mA •rewm.reaw.w:.m la+daJ[+nu.eeb.�tefwema6yrarenasistmmhaxaae�mtWaDJ m, W ew.imben µ,iiv�bf bwswuaMmDd4aw.- Jrm®avrl4wf„wYw. 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O6Apt u Da¢>a oa Atl+sA a�f ,¢s mewDa wgv�o�crs4nK vA¢uuTnwa Gtx'a aT tW MT,+Ja¢WR waf sf.Y1Ya 1® o4q+}1?S rga�.ef9 n f,J mu®as mm q aD.W iawTr w.J A.m ®emaAu'acDJR.saaas,m�nTanaJ9 „+b K.wau Azesm fxm smu uunmrfzc ,�D-maw .aa rose o,aa aaemticDJnncrw .Kn ne osm.w:s.ormr,+msrmea'fo +w•xKmav J91DK m JNaus¢UTr rw avaDa w4u ua.mf4 w nu Alaf � Uw{{Oa(,DII¢�l4:MA¢aC 111 ¢Jq.�t a4-bl,b4r 6amRDy QJw imw.Rat OeWCnAWADua R1[aYD,niai: w¢L 'CLAD wef LL JppOnfilM Or�M pw�, tai tK Q,wa. A r31W[ NMKC 7. K Va , D�x1 r0®f Ae: 4t t(g9ySry3rdpu�b�O t9 0¢ in Di3 %VtlRK 'adf W IRG¢MMfbf9- r fM{piY�RT6iWYM0 NF jP{ UiU wkRA MiNC N 1¢1�4Y10� - fI MAJJ W1¢1m1 ewr ply 01t TKA n�uWw Yf W Mf Wf1,a,,w it DKa aw lteOQ NC 1k✓9a My \il1G'1 ,Wfie� I�RfNM�w DIIW'I Vr AK[W IY 661if Jd wK AMENDING PLAT GARRISON CREEK SUBDIVISION PHASE 3' 32.81 acres,part of 85:58.ac. 23 LOTS BLOCK 4, LOTS 5 -9 'BLOCK 5, LOTS 6 -10 BLOCK6, LOT54-16 PARENTTRACT 85.58 ACRES UNPLATTED TRACT, W.L. ELLIS SURVEY 'A -117 BRAZOS COUNTY, TEXAS DECEMBER2022 OWNER) DEVELOPER SURVEYOR SN.LNYEMENTA M TUIlA.SON lAI�9RiViYUaG P.0.0 ' m 7265W11BGViNE�VJW.vSC/i: nxn--K7a ""z CMEGESTATIMU T7915 St9a5C-7T11 2ulml4 i7 T.@P.i..s, E'ioira � ? 01B98S8 ENGINEER MS ENGMUMNO APB ElM23ONtTWAL LLC. 2129 L VYW IAed LSWAN F9 . emAN.TX 7i9O2 873+ES2478 _ 0 0 S O'w G.tnay o OJT Z W V1 0 omo a-aK,= W 2® � EUJFiJQ O _JZyd U$� N Zw 4• . NNU. QWNN U W WHV O z O �- CSi W., C p QO 0Jm QJ ?W .r$cb «ru N M G Szam. N O� a`� 4t a � •�t#i �I r 6` F a S � j 11 till I, '#jta sib 1 gg i3 1;j 7[ 9 i`�i i7 Zp 975 Hi�7 sJ� jq 1 11111lit]3Y ff SiAa� �g 33tti i g4++��F irI!��3 t•5 x$3 pj �ffig,gnAmffiffin��n�� S 5 I oq sod z' S c E a Vol. �3k / Pg. Jg� �4�#h43�9A x 33 �698Aa.t9$a��q� H DEPARTMENT: BRAZOS COUNTY BRYAN,TEXAS Road and Bridge NUMBER: DATE OF COURT MEETING: 1110/2023 CC 2023 - Right of Way Acquisition - Old Reliance Road - Rachel Raborn Norris - 0.44 acre for right ITEM: Acceptance of a Special Warranty Deed from Rachel Rabom Norris for 0.44 acre of land to be used for improvements on Old Reliance Road. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 01 /03/2023 FISCAL IMPACT. False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: 56001000-80710000 Right of Way Acquisition ATTACHMENTS: File Name Description Type Right of Wav Acquisition - Old Reliance Road - Right of WayAcquisition - Old Reliance Road - Rachel Backup Material Rachel Rabom Norris - Rabom Norris - 0.44 acre for right of way 0.44 acre for right of way.pdf Duane Peters Date County Judge VOL - 3E7 Pg. // 0 1 uo Ixamsem.LAlunoa soma. 0;) slauatmiuulo:) inpamw pue onq so pMusqns si:podaA slqL 8rWL,*W6L- Evv6LIESV96r IS-UTIBBSISM i�Ke� 69'OSWssri. 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(Texas Local Government Code, 114.026) Witness my hand this P day of kP LL A K( A.D. 2023 2en McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this I day of Steve Aldrich, Commiss over Precinct #1 Chuck Konderla, Commissioner Precinct #2 Nancy Berry, ommissioner Prechict #3 a.-26S4 Wanda J. Watstj Commissioner Precinct #4 Treasurer's Report for the MONTH NOVEMBER 2022 Vol. 7 P9- �. � — 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 1/10/2023 REQUESTOR MASTERS GLEN 3ASON III ADDRESS 512 AVONDALE AVE, BRYAN, TX 77802 OWNER NAME MASTERS GLEN JASON In PROPID# 49848 REFUND AMOUNT 1$62.00 REQUESTOR DAHL CURTIS 3 & NICOLE M ADDRESS 20492 COUNTY RD R FORT MORGAN CO 80701 OWNER NAME WEST LISA PROPID# 360731 REFUND AMOUNT 33.72 REQUESTOR SIV CRYSTAL a/o MORRELL MASONRY ADDRESS 1910 W 28TM ST BRYAN TX 77803 OWNER NAME MORRELL MASONRY PROPID# 439436 REFUND AMOUNT 1$71.39 REQUESTOR. CURTIS & CANDACE 3ACKSON ADDRESS 323 COUNTY RD 907 BUNA TX 77612 OWNER NAME CUR17S & CANDACE JACKSON PROPID# 375611 REFUND AMOUNT $ 56.75 REQUESTOR CHRISTOPHER NEAVES ADDRESS 18064 LATIGO CT COLLEGE STATION TX 77845 OWNER NAME AMBIT PARTNERS PROPID# 79569 REFUND -AMOUNT 3050.76 REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT ADDRESS OWNER NAME PROP ID# REFUND AMOUNT 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 MASTERS GLEN JASON Ill 512 AVONDALE AVE BRYAN TX 77802-1001 Collecting Tax for. (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: CAVITTS WOODLAND HEIGHTS PHI, BLOCK A, LOTS (54' OF) & 30' OF 6 Address: 512 AVONDALE AVE , Account # 49848 _,TI X PAYMENT -INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: MASTERS GLEN JASON III 512 AVONDALE AVE BRYAN TX 77802-1001 Payment Date Amount Paid Refund Amount Requested 12/20/2022 $1380.97 $62.00 Sign below and return form to the Brazos County Tax office, "I hereby apply for the refund of the above -described taxes and -certify that the information on this form is true and correct." letst 9- ' V "' SignatureMAA r 4 7-7 t SCA 6,C)A29 5 0 1 �1 Phone # Email Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state Jail felony under Texas Penal Code Section 37.10. TAX REFU TERMINATION The tax refs d is vJ pprov j Disapproved Author'!Zed Officer Signature Date Authorised officer of taxing unit for refund applications over amount required under Section 32.11 Tax Code Authorized Officer Signature Date vd. 31�7 pg. /Zo TAX RECEIPT 12120/2022 08:50AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: MASTERS GLEN JASON III 512 AVONDALE AVE BRYAN, TX 778021001 Receipt Number 3194917 Date Posted 12/20/2022 PaymentType P Payment Code Over/Refund Total Paid S1,3Bo 97 Property ID Goo Legal Acres Owner Name and Address 49848 671000-0001-0050 0.0000 MASTERS GLEN JASON III Legal Description 512 AVONDALE AVE Le 9 A BRYAN, TX 77802-1001 CAVITfS WOODLAND_ HEIGHTS PH 1. BLOCKA, LOT5 (W OF) 8 30' OF 6 Situs DBA Name 6i2AVONDALEAVE , • Entity Year Rate Taxable Value Stmt # Void Original Tax Discnts • P&I Ad Fees Overage Amount Pd• Z REFUND ENTITY 2022 0.00000 0 145581 N 62.00 0.00 0.00 0.00 0.00 62.00 BRAZOS COUNTY 2022 0.42941 BZ916 83043 N 86.91 0.00 0.00 0.00 0.00 86.91 CITY OF BRYAN 2022 0.62400 142,916 83043 N 490.89 0.00 0.00 0.00 0.00 490.89 BRYAN ISD 2022 1.13950 107.916 83043 N 741.17 0.00 0.00 0.00 0.00 741.17 • 1,3aas7 Balance Due As Of 1212012022: -62.00 Tender Details Description Amount Check 6069 1380.97 1380.97 Vol. Operator Batch - _ - _ _ - _ _ : Total Paid tmoore 43876 (1212012022TM) 1.380.97 Page.,1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code cweJ4�a pr APPUCATION FOR TAX REFUND Collecting Office Nome Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS WEST USA PO BOX 815 POTH TX 78147-0815 PROPERTY DESCRIPTION Collecting Tax, for.- (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISO Legal: SUNSET RIDGE, SPACE 125 SUNSET TRL, SER# PH2215509, HUD# PFS1082351 Address: 125 SUNSET TRAIL (PVT) , Account# 360731 _ `TAX- PAYFAENT.IWORNIPMON Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayees reason for refund: OP -Overpayment REFUN D TO: DAHL CURTIS 1 & NICOLE M 20492 COUNTY RD R FORT MORGAN, CO 80701-4512 Payment Date Amount Paid 20/28/2022 $S60.57 Refund Amount Requested $33.72 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." . } f�Si 0 nn, Signat R S Phone # 17-111 bate 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 Psnal.Code Section 37.10. TAX REFUND DETERMATJON e tax refund [ Approved [ Disapproved Authorize Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date vol. 3 -7 Pg.1Z2 TAX RECEIPT 10/31/2022 01:02PM KRISTEEN ROE, 67A PH# (979) 775-9930 , BRAZOS COUNTY TAX ASSESSOR COLLECTOR' " 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: DAHL CURT DAHL NICOLE M 20492 COUNTY ROAD R FORT MORGAN, CO 80701 3167626 Ua�'te�PCs� ���=�-- iarbirzo2i, tea ,enI jypype �": � 1;aymenktwk OveUFteturid ,11-' duunner:Nress r=�r�, T' Ftta DAHL CURTIS J 8t NICOLE iN — Jr 1� -4 ' ' 20492 COUNTY RD R FORT MORGAN, CO 80701-4512 -_ �S-��+•J�iC[� Z REFUND ENTITY 2022 - "- 'L�..r-� .ice. Tom. �1...�.3-..�- 0.00000 Y- � 0 1462557 JN n 33.72� �.t.�.N •. �44• i��li-..�wl+:...:'_f!Sb7� �!�- - M 0.00~ 0.00 0.00 0.00� 33.72 EMG SVCS DIST#1 2022 0.02256 32,321 32833 N 7.29 0.0D 0.00 0.00 0.00 7.29 BRAZOS COUNTY 2022 GA2941 32,321 32833 N 138.79 0.00 0.00 0.00 0.00 138.79 COLLEGE STATION ISD 2D22 1.17810 32,321 32833 N 380.77 0.00 0.00 0.00 0.G0 38047 560.57 Balance Due As Or 10131l2022: -33.72 '�'" '� s. r."'l^. T!r . -- re1'T.'+••_— +r � o r..,.- •w''......e+-1 r• e^+:-r �;ti a t.. • ii >7escii`Don =�- }��� J Amounti 4.-..{-1:X'-t. Check , Rebtr t��Y� /.�L • ..L ..Y• i�'.�::.1.± � ••.s •iJ•-sC �hIL•}.JG+-: i• �}'�2v' . 2022MH ESCROW 5SM57 560.57 E'pg- 12-3 Operar"` B fg a sv `- ter, i z�: `cam �`-�%t, :=�4x. w::74 Ys-�v;•;._p�-wri��7�.'�=T'Qtal Feld .�i..&%�w�- ti�s.a %{3 .tT.+..�.,s'� ..c.rr..3....: - :<. i'=.:••`"..u.�'� -_ �-,..sue: : �Ati �.c� o,.rrt�'r'w r:.`'. a�:•c••.-•. tmoore 43099 (2022 MH Es=v4 66Q57 Page:1 Receipt Issued In Accordance with Section 31.075 or the Texas Propedy Tax Cade ,,,ft=ft ,- APPLICATION.FOR TAX REFUND Collecting Oftke Name Brazos County Tax Office 4151 CountyPark Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS MORRELL MASONRY PROPERTY TAX DEPT 1910 W 28TH ST. BRYAN•TX77803 PROPERTY DESCRIPTION Legal: BUSINESS PERSONAL PROPERTY Address: 1910 W 28TH ST , Account it 439436 TAX PAYMENT INFORMATION Name of-TWng Unit Tax Year of Refund 2REFUND 2021 Tax payees reason for refund: OP -Overpayment REFUND TO: ERISTAL SIV % MORRELL MASONRY 1910 W 28TH ST. BRYAN TX 77803 Collecting Tax -for.• (taxing entitles) Brazos County, City of-Rryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten,•Navesota ISD Payment Date Amount Paid 07/3212022 - $8496;96 ftefundAmount Requested Sign Belo rfnd return form to the Brazos CountyTax Office. "1 h y pi for the refund of the above -described taxesand certify that the information on this foimJs true and correct." Slgriature Dec Phoned Email Address if you mbke a false statement on this application, you could be found guilty of a Gass A misdemeanor or a state jail felony under Texas Pehal Code -Section 37.10. TAX REFUND DETERMINA T ION The tax ref is (roved j Disapproved Authorized Officer Signature Date t ©l a. 3 Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Cade Authorized Officer Signature Date 7-----] Vol. 5 87 Pg. - T14X RECEIPT 0810=On 12.12PM KRISTEEN ROE, CTA PH# (979) 775 W30 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4161 COUNTY PARK CT BRYAN, TX 77802 PAID BY:' SN CRISTAL % MORRELL MASONRY 1910W28THST BRYAN, TX 77803 Recelpt Number 3163209 Dale pond 031hM PaymedTne r ovbus Property ID Geo ,Legal Acres Owner Name and Address 439M 892021-GOW-0506 0.0000 MORRELL MASONRY - - Legal t)a0;eription - - 910 W 29M ST. WEPT - - BUSINESS PERSONAL PROPERTY BRYAN, TX 77803 Silva DBA Name 191OW28TH ST , MORRELL MASONRY EnHTy " : ` Yeai _iiaie _. Taxable `% fua"- S31rit# -' 'l/if briSIhW Tax b104i$1—A Overage ountFd - Z REFUND ENltt'Y BRAZOSCOUNTY 2021 2021 0.00000 0.48350 0 204,290 145638 89741 N N 7129 1,304.27 0.00 0.00 0.00 23M 0.00 230M 0.00 0.00 71.39 1.789.90 CITYCFBRYAN BRYAN ISD 2021 2021 0.62000 1.22880 284,220 264980 89741 09741 N N 1,682.38 3.242-31 0.00 209.23 0.00 583.62 294.24 673.89 "a OAO 2,25585 4,39982 SA96S8 Tender Detalls Check ECK Mae Dw As 010713112022: -71.33 Description Vol. v 87 Pg. 125 Operator Batch tmCote 4=1tPMTECtntenset080Z=) Amount 8498.88 8496.96 Total.Pald B.49em Page:1 Rew4t issued In ACeotdm=with Section 31A75 o1 McTens P(GPw yTax Code imeemonee. APPUCATION FOR TAX REFUND Collecting Offrce Nome Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775�9930 OWNER'S NAME AND ADDRESS JACKSON CURTIS & CANDACE 323 COUNTY ROAD 907 BUNA TX 77612-4066 Collecting Tox for: (ta)ing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: OAK CREEK MHC, SPACE 114 OAK LEAF, SER# L25302, HUM NTA1640738 Address: 114 OAK LEAF (PVT) , -- - Aecount #-375614 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayees reason for refund: OP -Overpayment REFUNDTO• JACKSON CURTIS & CANDACE 323 COUNTY ROAD 907 BUNA TX 77612-4066 Payment Date Amount Paid Refund Amount Requested 10/31/2022 $678.66 $S6.75 Sign below and return form to the Brazos County Tax Office. "i hereby a ply for the refund of the above -described taxes and certify that the information on this fortis true and correct." �Q� 13".��OTf�% !� Gct/G:FOv1 5 G� rllds�/CD� iLG�f/1 Phone # Email Address if you make a false statement on this application, you could befound guilty of a Class A misdemeanor or a state jail felony underTexas Penal Code Section 37.10. Authorized Officer Signature t Itolaz Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 11/02/2022 08,53AM ** DUPLICATE ** KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: JACKSON CURTIS & CANDACE 323 COUNTY ROAD 907 BUNA, TX 77612-4066 3167496 pate Posted 1 1013112022, payWntType. f P day tgnde OverlRefund• IT '-Cotal�Pard $ 678.66 roperty-•ID ; r Geo :=' r ` 19-Legal Acres 7, ' ' . Owner NaFnearid Add[e"ss ..Y', $76611 :700000-0521-1142 10.0000 = JACKSON CURTIS & CANDACE 323 COUNTY ROAD aw BUNA, TX 77612-4066 tt� . Z REFUND ENTITY 2022 0.00000 0 145293 N 55.75 u.uu u.uu u.uu u.uu 00.10 EMG SVCS DIST #1 2022 0.02266 38,152 64827 N 8.61 0.00 0.00 0.00 0.00 8.61 BRAZOS COUNTY 2022 DA2941 38,152 64827 N 163.83 0.00 0.00 0.00 0.00 163.83 COLLEGE STATION ISD 2022 1.17810 38.152 64827 N 449.47 0.00 0.00 0.00 0.00 449.47 678.66 Balance Due As Of 1013112022: 56.75 Tender _ Details DescriFtion 7 ° ar v.P.Amount Check REPOST MH Escrow 678.66 678.65 Vol. 7P9. ' Open -tor Batch • ahines 43099 (20M2 MH Escrow) _ _- _ . _ . _ _ _ -- -- _ 678.66 Page:1 Receipt issued in Accordance with Sec¢on 31.075 of theTexas Property Tax Code �c.nec APPLICATION FOR TAX REFUND Collecting Office Nome Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS AMBIT PARTNERS LLC % NEAVES CHRISfOPHER OR POCKRUS ERNEST D 18064 LATIGO CT COLLEGE STATION TX 77845-6390 PROPERTY DESCRIPTION Legal: • GLENHAVEN ESTATES PH 5, BLOCK 15, LOT 5 Address: 1804 FRANCIS CIR , Account# 79569 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayer's reason for refund: PAYMENT IN ERROR REFUND TO: HEAVES CHRISTOPHER 18064 LATIGO CT COLLEGE STATION TX 77845-6390 Collecting Tox for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of lturten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 11/30/2022 $3050.76 $3050.76 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the %refund of the above -described taxes and certify that the Information on this form Is true and correct:' L•c.._ 12/09/2022 979-492-9406 Cneaves@gmall.com Phone # Email Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.20. TAX REFUND D TERMIN ON e tax:f)Lpproved I Disapproved I11o(a� Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date Val..397 Pg. /Z 9 TAX RECEIPT 121301202212:47PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT Receipt Number BRYAN, TX 77802 3185128 Date Posted 1113=022 Payment Type P Payment Code Partial — Total Paid S3,050.76 PAID BY: HEAVES CHRISTOPHER Property m Geo Legal Acres Owner Name and Address 79669 293000.0015-0050 0.0000 AMBIT PARTNERS LLC Legal Description % NERVES CHRISTOPHER OR POCKRUS 18064 GLENHAVEN ESTATES PH 5, BLOCK 15, LOT 6 OLLEGEE STATION, TX 77845-6390 CO LLEGE Situs DBA Name COLLTCT 1604 FRANCIS CIR , Entity Year Rate Taxable Value Stmt# Vold" "Original Tax Discnts P&I Att Fees Overage Amount Pd BRAZOS COUNTY 2022 0.42941 286,171 3608 N 614.43 0.00 w 0.00 0.00 0.00 614.43 CITY OF COLL STAT. 2022 0.52461 286.171 3808 N 750.65 0.00 0.00 0.00 0.00 750.65 COLLEGE STATION ISD 2022 1.17810 286,171 3608 N 1,685.68 0.00 0.00 0X0 0.00 1,685.68 3,050.76 Balance Due As Of 1113012022: 3050.76 Tender Details Description Amount Check ECK 3D50.76 305036 Vol. 2 7 Pg. 2-1 Payment code of'Partial' indicates this transaction Is considered a partial payment Please contactthe Tax Office for balance due information. Operator Batch tmmore 43617 (PMT Intemet EC 12012D22) Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code Total Paid 3,050.76 vwr�r"-^ ae BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 14.01-14.04 On this the 10th day of January 2023 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct I C. Chuck Konderla, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Wanda Watson, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on loth day of January 2023 the Court heard and approved a budget amendment(s) for the 2022-2023 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 6 September 2022, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the I0th day of January 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. 1� By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Vol. 397 09 L3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 -14.01 1/10/2023 FUND NAME DEPARTMENT NAME I CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Sheriffs Office Bullet Resistant Grant Fund Sheild Grant I Intergovernmental Revenue Revenue 127_4ti9 do Grant Fund I Sheild Grant Office Bullet Resistant Sheild Grant from the Office of the Govemor for anew FY2023 grant for the purchase4fbaWstic sheilds. E. 3 97 Pg. / � / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 -14,02 1110/2023 I FUND NAME I DEPARTMENT NAME I CLASS DESCRIPTION i ACCOUNT CATEGORY I INCREASE I DECREASE Grant Fund I Shield Grant Shield Grant 3 Bullet Resistant Shield Grant from the Office of the Governor for a new FY2023 want for the ���. 58 7 pg. 3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 -14.03 111012023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Permanent ba;provement Fund Commissioners' Court - Ca ital Expenditure 4,355.00 Generalpezmancnt vementFund Fleet Shop -UghtEquipment- Capital Expenditure 1,180.00 General Permanent Improvement Fund Constable Pct 1- Capital Enenditure 725.00 General Permanent Improvement Fund Constable Pct 2 - Capital Expenditure 725.00 General Permanent Improvement Fund Constable Pet 3 - Capital Expenditure 725.00 General Permanent Improvement Fund Constable Pct 4 - Capital Dcpenditure 1,000.00 Fleet, Constable 1, 2, 3, 4 Reallocation of funds for additional funding need for vehicle registration, window tint and decals forreplace ent vehicles t were ap_prl ed in FY 2023. This is due to increased costs. � r;��Cairtit�Judget oval '':�';,e- �•:�Date','�} BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 -14.04 1/10/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Permanent improvement Fund Facilities Services - Capital Capital Outlay Expenditure 25,000.00 General Permanent Improvement Fund Other Financing Uses Expenditure 25,000.00 General Fund Other Financing Sources Revenue 7-5,000.00 General Fund Contingency Departmental Support Expenditure 16,050.00 General Fund Facilities Services -Non Capital Professional Services Expenditure 41,050.00 Facilities Services -Non Capital Requested for additional funding for the design of the Safety Ladder Project (CIP m22-507). The bid for design g the In ers for oof access came in more than expected The design will be for the following building: Juvenile Justice Center, Health Departmen , an 13razo nter. Vol. Pg ��`�' PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 01-10-2023 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Constable Precinct 4 County Judge Thomas, Adrian Greer, Colton Change of Status Change of Status Justice of Peace — Precinct 4 McWilliams, Leslie Change of Status Sheriff Office — Jail Brown, Tra'Varis Change of Status Ivey, Zachary Change of Status Tax Assessor - Collector Bradley, Karlis Change of Status Approved in Commissioners' Co County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) E Pg. L Personnel Change of Status (Jan 5, 202.3 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 01-10-2023 Human Resources Consider and Take Action on Change Employment yh ,,Dephrtment County Agriculture Extension - Administration Benavides, Maria Justice of Peace - Precinct 4 - Administration Garlca, Loretta 85th District Court - Administration Watson, Michael 7�77, Separations x.t..;DepartinenL Naive: P!Me Sheriff Office - Jail Administration Butler, Patricia District Attorney - Administration Calvert, Ryan Sheriff Office - ]all Administration Daily, Abel Jail Medical Services Douglas, Kelly District Attorney - Administration Thomas, Tammy 85th District Court - Administration Tyler, Steve Approved in Commissioners' Court: 01-10-20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. S7 P9.