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HomeMy WebLinkAbout2023/04/04 REGULAR SESSION 10:00AM3 BRAZOS COUNTY ' -- B RYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON APRIL 4, 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.COWBRAZOSCOUNTYTX 1. Invocation. and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Presentation and discussion of Committee Report by`General Bentley Nettles with updates and planning for the Veteran's/Mental Health Court. Consider and take action on agenda items: 4 - 20 4. Proclamation 23-019 declaring the month -of April as Sexual Assault Awareness and Prevention Month. 5: Approval of Retainer Agreement with Allison, Bass and Magee, LLP for legal services regarding a County Chapter 381 Economic Development Agreement.' 6. Request from_,the District Attorney for the following personnel changes with effective date of April -15, 2023. The requested changes have no effect on the District Attorneys FY2023 Budget. • a. Decrease Assistant District Attorney I, Job Code B0415-3, from $3,826.89 biweekly -to $3,442.27 biweekly, Full -Time • b. Increase Assistant District Attorney I, Job Code B0415-6, from $3,853.58 biweekly to $4,238.20 biweekly, Full -Time 7. Approval of the ARTS Renewal for 1095Cs through Texas Association of Counties. 394 Vol. pg. 8. Approval of the MOU for an Easement Purchase between the City of Bryan d.b.a. Bryan Texas Utilities ("BTU") and Brazos County. 9. Approval for payment of claim #RM2023-045 to Mustang Rental in the amount of $581.83 for property damages caused on February 17, 2023. 10. Approval to issue a Diners Club credit card to Chief Public Defender, Nathaniel Wood, with a limit of $1,000.00 for hotels, conferences and travel. 11. Permission to advertise an auction of surplus property. 12. Approval of Assignment for vendor name change for RFP #22-108R Pharmaceuticals from Contract Pharmacy Services, Inc. to Polaris Pharmacy Services of Philadelphia, LLC. 13. Approval of Contract #23-116 for I nternet Services with Fibertown DC, LLC. 14. Permission to Advertise RFP CI P #23-562 Architect for Medical Examiner's Office. 15. Permission to Advertise RFP Cl P #23-583 Construction Consultant for Medical Examiner's Office. 16. Approval of expenditure journal entry for Brazos County FY22-23 December 2022 - February 2023 cash contribution of $38,039.15 to CSCD Specialty Court program. 17. Tax Refund Applications for the following: Overpayments • a. Joseph Mahaffey- $18.62 • b. Leroy Gonzales & Rosario Estrada - $40.12 • c Zinay Jones - $12.87 • d. Rocio Caballero - $42.99 18. Budget Amendments. • FY 22/23 Budget Amendments 26.01 - 26.03 19. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 20. Payment of Claims. 21. Acknowledgements of FY 2022-2023 Budget to Actuals by Fund as of March 29, 2023. Acknowledgements of FY 2022-2023 Contingency Budget to Actuals of March 29, 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. E 24� Pg. 2 w 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.COM/BRAZOSCOUNTYTX 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. 394 pg. VOL MINUTES APRIL 4, 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, April 4, 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. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns There was no Citizen input. 3. Presentations and/or Discussions • Presentation and discussion of Committee Report by General Bentley Nettles with updates and planning for the Veteran's/Mental Health Court. General Bentley Nettles began his presentation by thanking -the committee members for Vol. 3 9 4 pg..� their dedication. He then discussed his procedure of identifying the fourteen committee members and any resources available to accomplish the objective. General Nettles stated that resources were provided to the committee by the Texas Veterans Commission and the mental health committee representative. He asked that the Committee use the available resources along with information gathered from Hays County, Bell County and Montgomery County Veterans Treatment Court and Mental Health Court programs to draft a report that includes each member's recommendation to the Brazos County Commissioners Court. The four potential recommendations that the Committee will weigh are as follows: 1. Brazos County does not need either Specialty Court. 2. Brazos County should have a Specialty Court docket. 3. Brazos County should have a Specialty Court. 4. There should be a Regional Specialty Court. General Nettles gave the Committee a deadline of April 17th to provide him with each of their reports. He anticipates having a final product for the Commissioners Court by May 1 St. Commissioner Aldrich then questioned whether the Committee would meet in person. General Nettles replied that his preference, and the majority of the Committee's preference would be to not meet in person, unless it becomes necessary in finalizing the report. Commissioner Aldrich asked if General Nettles is collaborating with NAMI or any other local mental health resources. General Nettles informed the Court that he is working with the Committee's mental health representative but has not received assistance from any other local mental health organizations. Commissioner Konderla thanked General Nettles and the Committee for their hard work and stated that he is looking forward to the final presentation. Consider and take action on agenda items: 4 - 20 4. Proclamation 23-019 declaring the month of April as Sexual Assault Awareness and Prevention Month. The County Judge read aloud Proclamation 23-019 declaring the month of April as Sexual Assault Awareness and Prevention month. Sexual Assault Resource Center Executive Director Lindsey LeBlanc, thanked the Court for its support of SARC. Ms. LeBlanc shared that in the last year, SARC has served 431 residents and provided $696,000 worth of services to survivors. They have received confirmation of an upcoming cut to the Organization's funding and request continued support from the County. A copy of the Proclamation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Approval of Retainer Agreement with Allison, Bass and Magee, LLP for legal services regarding a County Chapter 381 Economic Development Agreement. A copy of the agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Voi. 3 9 4 pg. 5 Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Request from the District Attorney for the following personnel changes with effective date of April 15, 2023. The requested changes have no effect on the District Attorneys FY 2023 Budget. . • a. Decrease Assistant District Attorney I, Job Code B0415-3, from $3,826.89 biweekly to $3,442.27 biweekly, Full -Time • b. Increase Assistant District Attomey I, Job Code B0415-6, from $3,853.58 biweekly to $4,238.20 biweekly, Full -Time A copy of the position control changes 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 of the ARTS Renewal for 1095Cs through Texas Association of Counties. Motion: Approve., Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of the MOU for an Easement Purchase between the City of Bryan d.b.a. Bryan Texas Utilities ("BTU") and Brazos County. A copy of the Memorandum of Understanding is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 9. Approval for payment of claim #RM2023-045 to Mustang Rental in the amount of $581.83 for property damages caused on February 17, 2023. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 10. Approval to issue a Diners Club credit card to Chief Public Defender, Nathaniel Wood, with a limit of $1,000.00 for hotels, conferences and travel. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Permission to advertise an auction of surplus property. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. Motion: Approve, Moved by, Seconded by. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Approval of Assignment for vendor name change for RFP #22-108R Pharmaceuticals from Contract Pharmacy Services, Inc. to Polaris Pharmacy Services of Philadelphia, LLC. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Approval of Contract #23-116 for Internet Services with Fibertown DC, LLC. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Permission to Advertise RFP CI P #23-562 Architect for Medical Examiner's Office. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Permission to Advertise RFP Cl P #23-583 Construction Consultant for Medical Examiner's Office. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Approval of expenditure journal entry for Brazos County FY22-23 December 2022 - February 2023 cash contribution of $38,039.15 to CSCD Specialty Court program. 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. 17. Tax Refund Applications for the following: Overpayments • a. Joseph Mahaffey- $18.62 • b. Leroy Gonzales & Rosario Estrada - $40.12 • c Zinay Jones - $12.87 • d. Rocio Caballero - $42.99 Vol. 3 9 4 Pg. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. Budget Amendments. • FY 22/23 Budget Amendments 26.01 - 26.03 26.01 Transfer Contingency funds to Fleet Services. 26.02 Reallocate funds for Justice of the Peace and Constable, Precinct 1. 26.03 Reallocate funds for Facility Services. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 19. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 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. 20. Payment of Claims. Claims 8121410 — 8121543 9007161 - 9007217 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 21. Acknowledgements of FY 2022-2023 Budget to Actuals by Fund as of March 29, 2023. Acknowledgements of FY 2022-2023 Contingency Budget to Actuals of March 29, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of March 29, 2023. 22. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 38 juveniles in the detention center, 28 are male and 10 are female, and 29 have electronic monitors. 23. Sheriffs report on inmate population. Sheriff Wayne Dicky stated there were 683 inmates in jail, 594 inmates are male, 89 are E. P9- _.._...--I female and 46 have electronic monitors. 24. Announcement of interest items and possible future agenda topics. Budget Analyst Nina Payne introduced the newest member of the Budget Department, Spencyr Mays.. The Court welcomed Ms. Mays to Brazos County. The Court thanked the AgriLife Extension Office for the breakfast that they hosted in the Administration Building. Commissioner Aldrich stated that the Texas Conference of Urban Counties Education and Policy Committee meeting last week was very informative and offered to share the agenda with anyone interested in learning more. 25. Call for Citizen input and/or concerns Lonny Masterson thanked the Commissioners Court for the progress with the consideration of the Specialty Court programs. He expressed that both he and Patrick Baca have full confidence in General Nettles' leadership of the Veterans Treatment Court and Mental Health Court Committee. 26. Adjourn. Vol. 394 Pg. The foregoing minutes of the Commissioners Court Meeting held April 4, 2023, have been examined and are approved in open Court this 2nd day of May 2023, in Bryan, Brazos County, Texas. Q� - Duane Peters County Judge Chuck Konderla Commissioner, Precinct 2 Wanda W Precinct 4 Attest: Karen McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 Vol. 3 9 4 Pg. 10 Pg I of BRAZOS COUNTY COMMISSIONER'S COURT �— DAY OF V1 , 20 a3 10,00 PM,t&o . 0i Name (PLEASE PRINT) Il, I. 5-p- I s Organization (PLEASE PRINT) Ef `r F6"AAA LA Vol. 3 9 4 pg-' Pg :)- of '� BRAZOS COUNTY COMMISSIONER'S COURT Name (PLEASE PRINT) me- �i6Sa kJ�� E4awm "clA NO A Organization (PLEASE PRINT) . V, s (2- K �11 CQ-� �vemIIQ - S6�(� 6 Vol._ 3 pg. 12 Pg 3 of S BRAZOS COUNTY COMMISSIONER' S COURT Q DAY OF , 20 J-5 u ; Do A/PM, e f ��- Name (PLEAS PRI�NTT) (7 U c�" A"" U; pw6/-/-0 nrA-lf lid ft\n Organization (PLEASE PRINT) Vol. 3 9 pg. 13 WHEREAS: the effects of sexual assault go far beyond the physical and victims often develop a number of psychological conditions, such, as post traumatic stress disorder and depression affecting families, friends and Texas communities, spurring fear, anger and a sense of vulnerability; and, WHEREAS: few survivors of sexual violence seek help immediately after victimization due to shame or the fear of not being believed. To end sexual assault, we must alleviate these fears and begin by believing; and, WHEREAS: as members of a caring society, members of communities across the state of Texas must unite to remove the stigma of rape and the Brazos Valley community must continue the dialogue started by the Sexual Assault Resource Center in their places of work, schools and homes; and, WHEREAS: each year, the month of April provides an opportunity for the Sexual Assault Resource Center and rape crisis centers across the state to renew their commitments to serve their communities. Educational efforts also intensify, which ensures that Texans are aware of the sexual assault services available in their area; and, NOW, THEREFORE, we as the Commissioners Court of Brazos County, do hereby designate April 2023 as SEXUAL ASSAULT AWARENESS AND PREVENTION -MONTH in Brazos County 1 Duane Peters, County Judge Commissioner Steve Aldrich, Pct. 1 Commissioner Chuck Konderla�Pct. I A� A_o Commis oner Nancy Berry, ct. 3 'anda J. Watson, Pct. 4 Vol. 3 9 4 P9 JAMES P. ALLISON taliison @ allison-bass.com ROBERT T. BASS f•:bass @allison-bass:com • ' J. ERIC MAGEE- e.maeee @allison-basycom ALLISON, BASS & MAGEE, L.L.P. A. O. WATSON HOUSE. 402 WEST 12'm STREET AUSTIN, TEXAS 78701 (512)482-0701 FAX (512) 480-0902 January 25, 2023 VIA E-MAIL & REGULAR MAIL . Bruce L.' Erratt Brazos County General Counsel '200 S: Texas Ave., Suite 332 Bryan, TX 7.7803 berratt@brazoscountytx:gov . Re Retainer Agreement for a County 381 Agreement JOHN REDINGTON 3.redineton@a11i'son-basss.com SUSANA NARANJO-PADRON s.naranio-viidroh@allison-bass.com Dear -Mr. Erratt: For. your consideration, enclosed please find. a Contract for Professional. Services between . Brazos County, Texas: and Allison, Bass: 8i -Magee LLP for .assistance with issues regarding a County Chapter 381 Economic Development Agreement. Upon approval.by the Commissioners Court, please return an executed original for our file. We have included an estimate of legal fees, and we recover these fees from the Applicant if an economic. development agreement is approved. We appreciate your consideration of our firm for this service to Brazos County.. Please do not hesitate to contact me if you have any questions. Sincerely,. James P. Allison JEM/jm Enclosure cc: Members, Brazos County Commissioners Court. Vol. 3 � � Pg. ___Irk__ RETAINER AGREEMENT THIS AGREEMENT is made and entered into this 4 day of A '42: -L- , 2023, by and between Brazos County, Texas, hereinafter referred to as "Client", and Allison, Bass & Magee, L.L.P. hereinafter referred to as "Attorneys". Recitals The Client is a political subdivision of the State of Texas. The Attorneys are duly licensed to practice law in the State of Texas and desire to render their professional services for the Client as provided herein. The Commissioners Court of Brazos County, Texas, acting in its judicial and executive capacity, finds that the public interest requires the retention of legal counsel to represent the County in the referenced matters. THEREFORE, the Client hereby engages the services of the Attorneys, and in consideration of the mutual promises herein contained, the parties agree as follows: Services of Attorney 1. The Attorneys will advise and represent the Client in legal matters as requested by the Client, by and through a majority vote of the Commissioners Court, pertaining to the legal issues regarding a County Chapter 381 Economic Development Agreement and on such legal matters as may be assigned by the Commissioners Court. Services will also include drafting and revieiving-of- documents, briefing, and any negotiations, legal proceedings or trials/appeals that may be required for resolution of this matter. 2. This Retainer Agreement shall serve as the basis for understanding regarding fees and costs to be charged to the Client, but'the subject matter for legal services may only be authorized by an Order of the Commissioners Court. 3. Fees will include any and ail necessary research, drafting and reviewing of documents, briefing, and any negotiations required for the proper disposition of any and all matters entrusted to Retainer Agreement Page 1 Vol. Pg. �� the Attorneys pursuant to this retainer agreement. Compensation 4. For the services described in Paragraph 1, the Client agrees to pay the Attorneys the sum of $300.00 per hour for services rendered by partners of the firm and $275.00 for services rendered by associates of the firm. The client will be billed at the rate of $150.00 per hour for services rendered by any paralegal of the firm. A travel time fee of $150.00 per hour will be charged for all time actually in transit, in lieu of any hourly charge normally attributed to the timekeeper. Billing rates are subject to change with advance notice to Client. The Client will also be billed for all direct out-of-pocket expenses including travel expenses, telephone, photocopy, facsimile costs, reports, studies, and exhibits incurred by Attorneys in the investigation of this matter. The Attorneys will provide Client with an itemized billing stating services rendered. An estimated total of $3,000 for legal fees will not be exceeded without consent of the Client. Devotion of Time 5. The Attorneys shall make themselves available for consultation with the Client at reasonable times, at the request of the Client. Term 6. This agreement shall be effective on the execution hereof by Client and shall continue in effect until the matter has been finally resolved or upon 30 days written notice by either party. The Client shall send notice to the Attomeys' office at 1301 Nueces Street, Suite 201, Austin, Texas 78701, and the Attorneys shall send notice to the Client care of the County Judge, 200 S. Texas Ave., Suite 332, Bryan, TX 77803. Prior Agreements Superseded Retainer Agreement �a Page 2 FVOI. 3 9 P9• 7. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. EXECUTED on the L� day of CLIENT BRAZOS COUNTY, TEXAS By: L JL Judge Duane Peters AP j L . 2023. ATTORNEYS ALLISON, BASS & MAGEE, L.L.P. By: Partner County Identification Number assigned to the contract as required by the Ethics Commission: Retainer Agreement i -Page 3 I v0� 3 9 Pg. 8 RETAINER AGREEMENT THIS AGREEMENT is made and entered into this i' day of P (LZ L , 2023, by and between Brazos County, Texas, hereinafter referred to as "Client", and Allison, Bass & Magee, L.L.P. hereinafter referred to as "Attorneys". Recitals The Client is a political subdivision of the State of Texas. The Attorneys are duly licensed to practice law in the State of Texas and desire to render their professional services for the Client as provided herein. The Commissioners Court of Brazos County, Texas, acting in its judicial and executive capacity, finds that the public interest requires the retention of legal counsel to represent the County in the referenced matters. THEREFORE, the Client hereby engages the services of the Attorneys, and in consideration of the mutual promises herein contained, the parties agree as follows: Services of Attorney The Attorneys will advise and represent the Client in legal matters as requested by the Client, by and through a majority vote of the Commissioners Court, pertaining to the legal issues regarding a County Chapter 381 Economic Development Agreement and on such legal matters as may be assigned by the Commissioners Court. Services will -also include drafting and reviewing -of documents, briefing, and any negotiations, legal proceedings or trials/appeals that may be required for resolution of this matter. 2. This Retainer Agreement shall serve as the basis for understanding regarding fees and costs to be charged to the Client, but the subject matter for legal services may only be authorized by an Order of the Commissioners Court. 3. Fees will include any and all necessary research, drafting and reviewing of documents, briefing, and any negotiations required for the proper disposition of any and all matters entrusted to Retainer Agreement 3 9 4 1 j Page 1 I Vol. pg the Attorneys pursuant to this retainer agreement. Compensation 4. For the services described in Paragraph 1, the Client agrees to pay the Attorneys the sum of $300.00 per hour for services rendered by partners of the firm and $275.00 for services rendered by associates of the firm. The client will be billed at the rate of $150.00 per hour for services rendered by any paralegal of the firm. A travel time fee of $150.00 per hour will be charged for all time actually in transit, in lieu of any hourly charge normally attributed.to the timekeeper. Billing rates are subject to change with advance notice to Client. The Client will also be billed for all direct out-of-pocket expenses including travel expenses, telephone, photocopy, facsimile costs, reports, studies, and exhibits incurred by Attorneys in the investigation of this matter. The Attorneys will provide Client with an itemized billing stating services rendered. An estimated total of $3,000 for legal fees will not be exceeded without consent of the Client. Devotion of Time 5. The Attorneys shall make themselves available for consultation with the Client at reasonable times, at the request of the Client. Term 6. This agreement shall be effective on the execution hereof by Client and shall continue in effect until the matter has been finally resolved or upon 30 days written notice by either party. The Client shall send notice to the Attorneys' office at 1301 Nueces Street, Suite 201, Austin, Texas 78701, and the Attorneys shall send notice to the Client care of the County Judge, 200 S. Texas Ave., Suite 332, Bryan, TX 77803. Prior Agreements Superseded Vol, 394 pg. 20 Retainer Agreement Page 2 7. This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. EXECUTED on the '"i 1 CLIENT BRAZOS COUNTY, TEXAS Un udge Duane Peters day of I P " U , 2023. ATTORNEYS ALLISON, BASS & MAGEE, L.L.P. Partner County Identification Number assigned to the contract as required by the Ethics Commission: VOL Pg. _— Retainer Agreement Page 3 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 4/4/2023 ITEM: Requestfrom the DlstrictAttomey for the following personnel changes with effective date of April 15, 2023. The requested changes have no effect on the D istrict Attorney's FY2023 Budget • a. Decrease Assistant DistrictAttomey I, Job Code B0415-3, from $3,826.89 biweekly to $3,442.27 biweekly, Full -Time • b. Increase Assistant District Attorney [,Job Code B0415-6, from $3,853.58 biweekly to $4,238.20 biweekly, Full -Time TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: File Name DA Salary_Memo 3.23.23.pdf DA Position_Changes 3.23.23.pdf Commissioners Court Nina Payne 03/29/2023 False False $0.00 Request approval. Description DistrictAttomey Memo Personnel Change Calculations im Cover Memo Backup Material APPRO �-la3 Duane Peters Date County Judge Vol. 3.9 4 pg 2 2 AssOCIATION Of COUNTIES AND EMPLOYEE BENEFITS POOL January 23, 2023 Affordable Care Act Reporting and Tracking Service (ARTS) Renewal Information The Texas Association of Counties Health and Employee Benefits Pool (TAC HEBP) has begun the renewal process for those counties and districts participating in the Affordable Care Act Reporting and Tracking Service (ARTS). Renewal will enable your entity to produce the forms required by IRS Sections 6055/6056 for calendar year 2023, assuming this reporting continues to be a requirement. Reporting will consist of Form 1095C, which must be provided both to employees and the IRS (plus transmittal Form 1094C, filed with IRS). Current law requires all employers with 50 or more full-time equivalent employees to file these forms. ARTS will provide measurement period tracking for 2023 and beyond (to determine whether an employee must be offered health coverage), as well as affordability testing for groups that require employee contributions toward the cost of their own health coverage. As your county or district provides health benefits through TAC IMBP, ARTS will continue to be available at NO COST in 2023, assuming program deadlines are suet. Your entity will need to continue sending employee, payroll, and unpaid leave of absence files to TAC HEBP in order to utilize this service for the 2023 reports. Payroll data must be provided for each payroll cycle. Employee files must be provided, at a minimum, once per quarter. LOA files may be provided if and when applicable. The information provided will be used to determine: 1) whether individuals are eligible for a federal premium subsidy or tax credit; and 2) whether your entity is subject to penalties under the ACA employer mandate. Some payroll vendors have worked with TAC to produce these files for you. You will be responsible for the completion of required information in your payroll system and submission to TAC, but this eliminates the need for manually producing additional spreadsheets. If you use a payroll system that will produce the required IRS forms, and you determine that your entity does not need measurement period tracking or affordability monitorin& you may not need ARTS. It is a service offered by TAC and is completely optional. Enclosed is the ARTS Renewal Confirmation Program Agreement. Please return a signed copy (initials on pages 1 and 2, signature on page 3) to your Employee Benefits Consultant or email to ARTS@county.org no later than if your entity wishes to continue its participation in the program. If you have any questions, please contact your Employee Benefits Consultant at (800) 456-5974. voi. 3 9 4 pg. 2.3 ASSOCIATION Of COUNTIES AND EMPLOYEE BENEFITS POOL ACA Reporting and Tracking Service (ARTS) 2023 Renewal Confirmation Program Agreement HEBP Member: (Pooled Group or ASO) Program Services The ARTS program includes the following services: • Measurement, Administrative, and Stability Period tracking for 2023 and notification of eligibility for part-time / variable / seasonal employees (can provide tracking back to beginning of Measurement Period if 2022 data was provided by countyldistrict); • Reporting for your countyldistr ict regarding the status of potential benefits -eligible employees; • Production of your countyldistrict's 1095C forms, shipped to you for distribution to employees (optional direct mail service for additional fee); • Transmission of your countyldistr ict's 1094C and 1095C forms to the IRS. Program Requirements 1) Participants agree to provide employer, payroll, employee and unpaid leave of absence (LOA) files related to the group's Health Benefits Plan in the file format desigLiated by TAC HEBP: o Payroll data files must be provided for each payroll cycle, and should be submitted at least once per calendar month. o Employee data files must be provided, at a minimum, once per quarter. o LOA data files may be provided if and when applicable. NOTE: It is critical that you provide yourfiles in the proper format and the correct naming convention. Failure to do so may result in our inability to provide this service to your county or district. 2) Group agrees to pay program fees as described in the 2023 ARTS Fee Schedule. Enrollment and Data Submissionbeadlines Please refer to the enclosed "2023 Deadlines for ARTS Files" document for details. ■ Groups who wish to participate in the ARTS =05ram must return the signed documents to TAC HEBP no later than . ar • a 3r1, 202ti in order to participate. ■ Data file transmission to TAC HEBP must begin no later than August 4, 2023 to avoid late fees, however, we recommend that you continue sending your files after each payroll or at least monthly to avoid getting backlogged. TAC HEBP — ARTS Renewal Confirmation s� 9 4 Program Agreement 2023 — Page lof 3 Vol a7 iJ �' TEXAS ASSOCIATION Of COUNTIES HEALTH AND EMPLOYEE BENEFITS POOL ACA Reporting and Tracking Service (ARTS) HEBP Member (Fully Insured or ASO) 2023 Fee Schedule for Renewing Participant 1 0ARTS Annual Subscription Fee *$4.75 / form Waived i I Optional Forms Distribution (group If applicable, will be billed in 2024i 2 $1.50 / form i chooses to have TAC mail employee forms) after forms are produced i Late fee for service election form 3 $1,500 j I (after 313112023) I 4 i Late fee for data submission $3,000 If applicable, will be billed in 2024 (after 8/8/2023 and/or 110812024) after forms are produced Total Amount Due: ' I$ (if zero, enter 0.00) I *Per 1095C form Fees subject to change annually TAC HEBP —ARTS Renewal Confirmation Program Agreement 2023 — Page 2 of 3 25 Vol: pg. E ASSOCIATION Of COUNTIES AND EMPLOYEE BENEFPCS POOL Contracting Authority: (Group Name) hereby designates and appoints, as indicated in the space provided below, a Contracting Authority of department head rank or above and agrees that any notice to, or agreement by, a Group's Contracting Authority, with respect to service or claims hereunder, shall be binding on the Group. Each Group reserves the right to change its Contracting Authority from time to time by giving written notice to HEBP. Name: Title: Address: Phone: Fax: J_ Email: Primary Contact: Main contact for data file and reporting matters pertaining to the ARTS program. Name: Title: Mailing Address: Delivery Address (no PO Boxes): Phone: HIPAA Secured Fax#: Email: Other Contact Emails for ARTS correspondence regarding data files, if any: L H 41 a3 Signature of County Judge or Contracting Authority Date 17 PuApic Print Name and Title TAC HEBP—ARTS Renewal Confirmation Program Agreement 20M — Page 3 of 3 vas. 2 6 9 P'g. 7k SEVEN ARROWS L A N D S T A F-F February 23, 2023 Brazos County c/o County Auditor P.O. Box 914 Bryan, TX 77806 Via Regular Mail and CMRRR # 70212720 0001 10311518 Re: Electrical and Right -of -Way Easement Acquisition Offer Project: William Joel Bryan Overhead to Underground Conversion Parcel No.9; Brazos CAD No. 21993 To Whom It May Concern: As you are now aware, The City of Bryan, d.b.a. Bryan Texas Utilities (BTU), is in the final planning stages of a project to relocate or convert to underground existing electrical distribution lines along William Joel Bryant along N. Tabor Ave. and Regent Ave. between E. 20 and E. 20h Streets. The result will be a more aesthetically pleasing and safer thoroughfare in the area. BTU will also be able to provide more reliable service to your business or residence. It has been determined that +/- 1,473 square feet of BTU electrical and right-of-way easement will be required on the above referenced property to accommodate the underground lines and/or various above ground electrical cabinets required for the overhead to underground conversion. BTU has designed the route and easements required for this conversion to be as minimally intrusive to your property as possible. The proposed easement and BTU facilities are depicted on the enclosed exhibit. It is our desire to pay you fair and just compensation for this easement. Therefore, based on tax records, BTU's offer of compensation for the necessary electrical and right-of-way easement rights is $10,311.00 (TEN THOUSAND THREE HUNDRED ELEVEN and 00/100). This offer includes damages, if any, to the remainder. If you agree to this offer, please sign and return the Memorandum of Understanding in the enclosed self-addressed stamped envelope; or if you prefer, I will meet you at a time and location of your convenience. 7Arrows Land Staff, LLC, a professional right of way acquisition firm, has been engaged to obtain easements and coordinate land issues on behalf of the Bryan Texas Utilities. If you have any questions regarding the Easement or project, please do not hesitate to contact me at 254-721-9704 or haileym@7arrowsland.com or Matt Friendshuh at 432-266-3080 or mattf@7arrowsland.com. Thank you in advance for your assistance to the City of Bryan on this project. Respectfully, yip �i2� Hai y Marek Right of Way Agent representing Bryan Texas Utilities and City of Bryan enclosures: Memorandum of Understanding Electrical and Right -of -Way Easement w/ exhibit "A" 2022 BCAD Property Values Sheet/ IRS Form -W9 Texas Landowner Bill of Rights/IABS voi. 3 9 4 Pg. 27 1716 Briarcrest Drive, Suite 300 Bryan, TX 77802 www.7arrowsland.com MEMORANDUM OF UNDERSTANDING FOR AN EASEMENT PURCHASE Date: February 23, 2023 Project: Willam Joel Bryan Project Grantee: City of Bryan d.b.a. Bryan Texas Utilities ("BTU") Mailing Address: 300 South Texas Avenue Bryan, Texas 77803 Grantor: Brazos County Mailing Address: P.O. Box 914 Bryan, TX 77806 Property: All that certain lot, tract or parcel of land being 1473 square foot or 0.034 of one acre situated in the STEPHEN F. AUSTIN LEAGUE NO. 9, Abstract No. 62, Brazos County, Texas and being a part of the Brazos County, Texas tract of land described as Lot IA, Replat of Block 9, City of Bryan Original Townsite, of record in Volume 480, Page 547, Deed Records of Brazos County, Texas and plat being recorded in Volume 874, Page 133, Deed/Official Records of Brazos County, Texas. BCAD Parcel #: 21993 Attachments: BTU Electrical and Right -of -Way Easement/w Exhibit(s) 2022 BCAD Property Values Sheet IRS Form W-9 Texas Landowner's Bill of Rights This Memorandum of Understanding is entered into by and between the City of Bryan d.b.a. Bryan Texas Utilities ("BTU") and Brazos County (Grantor), owner of the above referenced Property. Based on title research and project design, it has been determined that a BTU Electric and Right -of -Way Easement will need to be acquired across a portion of the above referenced Property owned by Grantor to accommodate the Texas Avenue Rehabilitation Project. BTU has engaged 7Arrows Land Staff, LLC., a professional right of way acquisition firm, to coordinate the purchase of easements and be your point of contact during this process. To avoid any possible misunderstanding as to the details of the Project and the process by which BTU will acquire these easements, we are outlining the following proposed terms: 1. Grantor agrees to convey an Electrical and Right -of -Way Easement to BTU across a portion of the Property. Details and location of the proposed easement(s) are illustrated in the exhibit attached to this agreement. 2. • As consideration for the easement, BTU offers the following compensation: Brazos County Appraisal District Land Value: $7.00 per sq. ft. Land Market Value: $7.00 per sq. ft. Estimated Easement Purchase Size: 1,473 sq. ft. Easement Market Value ($7.00 X 1,473) = $10,311.00 TOTAL OFFER FOR EASEMENT PURCHASE = $10,311.00 Vol. 9 4 pg. 2 3. BTU, at its own cost, will order a survey of the easement and a title ownership and encumbrance report for the Property. If the survey or the title report show that any portion of the Property is subject to any lien, claim, encumbrance, reservation, restriction or other matter, the Parties agree and acknowledge that any taxes, liens, abstracts of judgment, or other encumbrances will be satisfied out of the proceeds of the sale. BTU will be responsible for recording the easement document(s) and the filing fees associated therewith. 4. Upon receipt of the executed Memorandum of Understanding, BTU will prepare the final easement document(s) with survey. Execution of all related documents and agreements necessary to close shall occur on a date agreeable to Grantor. 5. After closing, 7Arrows staff shall submit all executed documents along with a check request to BTU for processing, recording, and remittance of the consideration check to Grantor. The processing time for check remittance is approximately four weeks from the date that executed closing documents are received by BTU. 6. During the construction of Project, BTU will be responsible for restoring all disturbed areas of surface of the easement area and/or any other portion of Grantor's Property to a condition substantially equal to the existing condition prior to the beginning of construction, provided the surface is damaged by construction. All of the preceding terms are subject to final approval by BTU. This is not a binding agreement, but it is necessary in order to avoid any possible misunderstanding as to the details of the easement purchase or the process by which BTU will make payment. This agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts together shall constitute one and the same instrument. If Grantor agrees with the above proposed terms, please acknowledge by signing below. RANTO . razo County By: (� Printed: 0, A ►J E5 t (FT G�-S Title: C o u- � �i t✓ 7Co C Date: 0 P ��— � . 2023 vol. _ 3 9 4 P9. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTYBEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. BRYAN TEXAS UTILITIES ELECTRICAL AND RIGHT-OF-WAY EASEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZOS That Brazos County (hereinafter called Grantor, whether one or more), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted and conveyed and by these presents does grant and convey unto the CITY OF BRYAN, TEXAS, a Texas Home Rule Municipal Corporation, doing business as "Bryan Texas Utilities" an ELECTRICAL EASEMENT and right-of-way to enter upon and to erect, construct, maintain, ,install, relocate, reconstruct, operate, inspect, replace, repair, patrol, and remove Utility Facilities and a service road, upon, over, under and across the tract or parcel of land described below, to wit: All that certain lot, tract or parcel of land being 1473 square foot or 0.034 of one acre situated in the STEPHEN F. AUSTIN LEAGUE NO.9, Abstract No. 62, Brazos County, Texas and being a part of the Brazos County, Texas tract of land described as Lot 1A, Replat of Block 9, City of Bryan Original Townsite, of record in Volume 480, Page 547, Deed Records of Brazos County, Texas and plat being recorded in Volume 874, Page 133,Deed/Official Records of Brazos County, Texas (here in after the "Easement Area'). Said Easement Area being more particularly described by metes and bounds set forth on "Exhibit A" and a Survey Plat on "Exhibit B" attached hereto and made a part here of for all purposes. For purposes of this Easement grant, the phrase "Utility Facilities" shall mean and include electrical distribution lines and/or transmission lines, a variable of number of cables, conductors or wires, insulators, cross arms, protective devices, meters, terminal boxes, transformers, structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and/or communication. Grantor hereby grants unto said CITY OF BRYAN, its successors and assigns, the right at any andall times to trim and/or remove without payment thereof, all trees, underbrush, or other similar or dissimilar obstructions upon the Easement Area and to trim and/or remove such hazardous trees on the adjacent Iandas in the judgment of said CITY OF BRYAN would interfere with or endanger said electrical lines or the operation thereof, together with the right of ingress and egress in, over, upon and across the adjacent land to access the Easement Area for purposes described herein. Upon completion of any maintenance, repairs or other subsequent work within the Easement Area, Grantee shall promptly repair any material damage to the Easement Area and/or any other portion of Grantor's Property caused by such work so as to restore the Area to substantially the same condition it was in prior to commencement of such maintenance, repairs, or other work. !Vol. Pg. 3 Page I of 2 Grantor covenants for Grantor and Grantor's successors and assigns, not to place or maintain any building, structure, or any other obstruction on or within the Easement Area, to grant such rights to a thirdparty or to use the surface of the Easement Area for any purpose that would interfere with or prevent the use by the CITY OF BRYAN of the Easement Area for, the purposes set forth herein. Grantor shall have the right to use the surface of the Easement Area for private streets, roads, driveways, alleys, walks, gardens, lawns, plantings or park areas and any other like uses that do not interfere with the easements granted herein. To have and to hold unto the said CITY OF BRYAN, its successors and assigns, so long as the rights and easement herein granted shall be used or are useful to the CITY OF BRYAN for the purposes herein granted upon the property herein described; and except as herein limited, Grantor hereby binds Grantor and Grantor's heirs, successors and assigns to warrant and forever defend all and singular the saidpremises to the CITY OF BRYAN, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Grantor hereby covenants with, represents and warrants to said CITY OF BRYAN, that Grantor has good and marketable title to the property herein described, and has the unqualified right to grant the privileges herein contained. The CITY OF BRYAN shall have the right to assign all or part of the rights granted to it by the terms of this agreement. This agreement and all covenants and obligations herein shall be binding upon and shall inure to thebenefit of the respective successors and assigns of each of the parties. 2023. IN WITNESS WHEREOF, Grantor executes this instrument this 4 day of P p(LT IL razLnty By: Printed: (X A 1,j E Pe-re-'a-5 Title: ACKNOWLEDGMENT THE STATE OF-TC)(PI-5 COUNTY OF 69- AZoS C 0uL tiI V c '1 A-D QP E This instrument w acknowledged before me on this `� day of "!" . 2023, by for Brazos County. \ Notary Pub ' , tate of Nopgbho, State off 31 >,�►c►. IS,2027 EV01. 3 9 4 Pg.Page 2 of- , Eve 1722 Broadmoor Ste. 105 CITRONG Bryan, Texas 77802 a Phone: (979) 776 — 9836 k3 URVEYMG, LLC Fax: (979) 731— 0096 FIltM N.O. 10093500 Email: curbs@strongsurveying.com 1 11 FIELD NOTES PARCEL 9 BRYAN TEXAS- UTILITIES VARIABLE WIDTH ELECTRIC EASEMENT 1473 SF — 0.034 OF ONE ACRE OUT OF THE BRAZOS COUNTY, TEXAS LOT 1A, REPLAT OF BLOCK 9 CITY OF BRYAN ORIGINAL TOWNSITE VOLUME 480, PAGE 547 PLAT VOLUME 874, PAGE 133 STEPHEN F. AUSTIN NO. -9 LEAGUE, A — 62 BRYAN, BRAZOS COUNTY, TEXAS FEBRUARY 22, 2023 All that certain lot, tract or parcel of land being 1473 square foot or 0.034 of one acre situated in the STEPHEN F. AUSTIN LEAGUE NO. 9, Abstract No. 62, Brazos County, Texas and being a part of the Brazos County, Texas tract of land described as Lot 1A, Replat of Block 9, City of Bryan.Original Townsite, of record in Volume 480, Page 547, Deed Records of Brazos County, Texas and plat being recorded in Volume 874, Page 133, Deed/Official Records of Brazos County, Texas, said 0.034 of one acre tract being more particularly described in two tracts as follows: COMMENCING at a pk nail found for the southwest comer of said Lot 1A, Block 9, said point being located at the intersection of the north right-of-way line of William J. Bryan (25t' Street) and the East right-of-way line of Tabor Avenue, both being described in Volume "H°, Page 721, Deed Records of Brazos County, Texas; THENCE S 85 ° 12 ' 52 " E along the north right-of-way line of said William J. Bryan (25t' Street) and the south line of said Lot 1A, Block 9 a distance of 62.00 feet to a point for the POINT OF BEGINNING and the southwest corner of this easement; THENCE N 4 ° 47 ' 08 ° E a distance of 14.00 feet to a point for angle point; THENCE S 85 ° 12 ` 52 ° E a distance of 1.27 to a point for angle point; THENCE N 27 ° 24 ` 06 " W a distance of 118.78 feet to a point in the east right-of-way line of said Tabor Avenue for angle point, a pk nail found for the southwest corner of said Lot 1A, Block 9 bears S 04 ° 47 ` 08 " W a distance of 114.52 feet; THENCE N 04 ° 47 ` 08 " E along the east right-of-way line of said Tabor Avenue and the west line of said Lot 1A, Block 9 a distance of 10.48 feet to a pk nail found for the northwest corner, said point being a northwest corner'of said Lot 1A, Block 9, said point also being the southwest corner of the Longhorn Tavern Steakhouse, Inc. Called 0.37 Acre Tact as described in Volume 14190, Page 95, Official Records of Brazos County, Texas; � vol. 3 9 4 pg. 3 2 1722 Broadmoor Ste. 105 ' TRONG Bryan, Texas 77802 NISaPhone: (979) 776 — 9836 URVEYMG, LLC Fax: (979) 731— 0096 FIRM NO. 10093500 Email: curtis@strongsurveying.com THENCE S 85 " 12 ' 52 " E along a north line of said Lot 1A, Block 9 and the south line of said Called 0.37 acre tract a distance of 5.22 feet to a point for the northeast comer, an "X" in Concrete found for an interior corner of said Lot 1A, Block 9 bears S 85 ° 12 ` 52 " E a distance of 124.78 feet; THENCE S 27 ° 24 ` 06 " E a distance of 131.16 feet to a point for angle point; THENCE S 85 ° 12 ` 52 " W a distance of 0.91 feet to a point for angle point; THENCE S 4 ° 47' 08 " W a distance of 14.00 to a point in the south line of said Lot 1A, Block 9 for the southeast corner, said point being located in the north right-of-way line of said William J.' Bryan, a pk nail found for the southeast corner of said Lot 1A, Block 9 bears S 85 ° 12 ` 52 " E a distance of 186.00 feet; THENCE N 85 " 12 ` 52 " W along the south line of said Lot 1A, Block 9 and the north right-of-way line of said William J. Bryan a distance of 14:00 feet to the PLACE OF BEGINNING AND CONTAINING AN AREA OF 1473 SQUARE FEET OR 0.034 OF ONE ACRE OF LAND MORE OR LESS, according to a survey performed during the month of January 2022, under the supervision of H. Curtis Strong, Registered Professional Land Survey No. 4961. North Orientation is based on rotating the west line of said Lot 1A, Block 9 to Grid North based on State Plane Central Zone, NAD83 CORS 2011, epoch 2010.00. 2 Vol. 3 9 4 Pg. 33 w LONGHORN TAVERN STEAKHOUSE INC. 0.37 Ac. (130'x125') I4190 / 95 r Fnd. pk nail NWC Lot 1 A, Block 9 i i 1 d +n ' X in Cnnc_ Fnd_ -� L1 POB' Fnd. pk nail SWC Lot 1A. Block 9 1i22 EXOMPOori sldte 105 7 STRONG � Tee >� URVEYING, U.0 p i i RRM Na 100=00 aat�msO�or;gs� NOTES: North Orientation is based on rotating the West line of Lot IA, Block 9 line to grid north based on Texas State Plane Central zone, NAD83 COBS 2011 epoch 2010.00. This survey was performed with the benefit of a title report provided by ALLEGIANCE Title Company. All utilities may not be shown on this plat. For additional information, see accompanying metes and bounds. LINE BEARING DISTANCE L1 N 8512 52 W 62.00 1-2 N 0477 08 E 14.00 L3 S 85' 12 52 E 1.27 L4 N 27'24 06 W 118.78 L5 S 04'47 08 W 114.52 1-6 N 04'47 08 E 10.48 L7 S 85'12 52 E 5.22 L8 S 2T24 06 E 131.16' L9 S 85' 12 52 E 0.91 110 S 04'47 08 W 14.00 L11 IN 85' 12 52 W 14.00 1-12 IS 85'12 52" E 186.00' L14 IS 85' 12 52 E 124.78 BRAZOS COUNTY, TEXAS LOT IA, REPLAT OF BLOCK 9 CITY OF BRYAN ORIGINAL TOWNSITE 480/547 PLAT 874/133 - S 85'12'52" E — 262.00' Total (Call S 81'30' E — 262.00' Total) WM. J. BRYAN - ("H"/721) I, H. Curtis Strong, Registered Professional Land Surveyor No. 4961, do hereby certify that this plat represents the results of an on the ground survey for boundary only, and is true and correct to the best of my knowledge. BRYAN TEXAS UTILITIES VARIABLE WIDTH ELECTRIC EASEMENT 1473 SQUARE FEET - 0.034 OF ONE ACRE OUT OF THE BRAZOS COUNTY, TEXAS LOT IA, REPLAT OF BLOCK 9 CITY OF BRYAN ORIGINAL TOWNSITE VOLUME 480, PAGE 547 PLAT VOLUME 874, PAGE 133 STEPHEN F. AUSTIN LEAGUE NO. 9, A - 62 BRYAN, BRAZOS COUNTY, TEXAS DATE: February 22. 2023 S ale:.1" 30' V01- 394 1 Pg. Form w=9 (Rev. October 2018) Department of the Treasury Internal Revenue Service 1 Name (as shown on your Request for Taxpayer Give Form to the Identification Number and Certification requester. Do not ► Go to www.frs.gov/FormW9 for instructions and the latest information. send to the IRS. on this line: do not leave 2 Business name/disregarded entity name, if different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to t following seven boxes. certain entities, not individuals; see a instructions on page 3): p ❑ IndividuaVsole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trustlestate c single -member LLC Exempt payee code (f any) u❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► p 2 Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting 5 LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is d an a v another LLC that Is not disregarded from the owner for U.S, federal tax purposes. Otherwise, a single -member LLC code that ( y) Is disregarded from the owner should check the appropriate box for the tax classification of its owner. y ❑ Other (see instructions) ► oppft to=ombnmIntsnedanstdnn pre u.sa W 5 Address (number, street, and apt or suite no.) See instructions. Requester's name and address (optional) IV 6 City, state, and ZIP code 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. sole For individuals, this is generally your social security number (Sate). However, fora r m resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a FM TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. F77 Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service QRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. sign Signature of Here I U.S. person ► Date ► General instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the iRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITiN), adoption taxpayer identification number (ATiN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (Interest earned or paid) • Form 1099-DN (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prices, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third parry network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. if you do not return Form W-9 to the requester with a TiN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No.10231X (] Form W-9 (Rev. 10-2018) Vo9. �J P9 THE STATE OF TEXAS LANDOWNER'S BILL OF RIGHTS This Landowner's Bill of Rights applies to any attempt to condemn your property. The contents of this Bill of Rights are set out by the Texas Legislature in Texas Government Code section 402.031 and chapter 21 Of the Texas Property Code. Any entity exercising eminent domain authority must provide a copy of this Bill of Rights to you. i. You are entitled to receive adequate compensation if your property is condemned. 2. Your property can only be condemned for a public use. 3. Your property can only be condemned by a governmental entity or private entity authorized by law to do so. 4. The entity that wants to acquire your property must notify you that it intends to condemn your property. 5. The entity proposing to acquire your property must provide you with a written appraisal from a certified appraiser detailing the adequate compensation you are owed for your property. 6. If you believe that a registered easement or right-of-way agent acting on behalf of the entity that wants to acquire your property has engaged in misconduct, you may file a written complaint with the Texas Real Estate Commission (TREC) under section 1101.205 of the Texas Occupations Code. The complaint should be signed and may include any supporting evidence. 7. The condemning entity must make a bona fide offer to buy the property before it files a lawsuit to condemn the property —meaning the condemning entity must make a good faith offer that conforms with chapter 21 of the Texas Property Code. S. You may hire an appraiser or other professional to determine the value of your property or to assist you in any condemnation proceeding. g. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation. 1o.Before your property is condemned, you are entitled to a hearing before a court -appointed panel of three special commissioners. The special commissioners must determine the amount of compensation the condemning entity owes for condemning your property. The commissioners must also determine what compensation, if any, you are entitled to receive for any reduction in value of your remaining property. it If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the condemnation of your property was proper, you have the right to a trial by a judge or jury. You may also appeal the trial court's judgment if you are unsatisfied with the result. ��OgNEy,c� PREPARED BY THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS • JANUARY 2022 AS 9 4 pg.,3 6 Vol. Eminent domain is the legal authority certain governmental and private entities have to condemn private property for public use in exchange for adequate compensation. Only entities authorized by law to do so may condemn private property. Private property can include land and certain improvements that are on that property. WHO CAN I HIRE TO HELP ME? You can hire an appraiser or real estate professional to help you determine the value of your property as well as an attorney to negotiate with a condemning entity or to represent you during condemnation proceedings. WHAT QUALIFIES AS A PUBLIC PURPOSE OR USE? Your property may be condemned only for a purpose or use that serves .the general public. This could include building or expanding roadways, public utilities, parks, universities, and other infrastructure serving the public. Texas law does not allow condemning authorities to exercise eminent domain for tax revenue or economic development. WHAT IS ADEQUATE COMPENSATION? Adequate compensation typically means the market value of the property being condemned. It could also include certain damages if your remaining property's market value is diminished by the condemnation or the public purpose for which it is being condemned. OTHER THAN ADEQUATE COMPENSATION, WHAT OTHER COMPENSATION COULD I BE OWED? If you are displaced from your residence or place of business, you may be entitled to reimbursement for reasonable expenses incurred while moving to a new site. However, reimbursement costs may not be available if those expenses are recoverable under another law. Also, reimbursement costs are capped at the market value of the property. WHAT DOES A CONDEMNOR HAVE TO DO BEFORE CONDEMNING MY PROPERTY? ♦ Provide you a copy of this Landowner's Bill of Rights before, or at the same time as, the entity first represents that it possesses eminent domain authority. It is also required to send this Landowner's Bill of Rights to the last known address of the person listed as the property owner on the most recent tax roll at least seven days before making its final offer to acquire the property. • If the condemnor seeks to condemn a right-of-way easement for a pipeline or electric transmission line and is a private entity, the condemnor must also provide you a copy of the Landowner's Bill of Right's addendum. • The addendum describes the standard terms required in an instrument conveying property rights (such as a deed transferring title or an easement spelling out the easement rights) and what terms you can negotiate. ♦ Make a bona fide offer to purchase the property. This process is described more fully in chapter 21 of the Texas Property Code. A °bona fide offer" involves both an initial written offer as well as a final written offer. • The initial written offer must include: a copy of the Landowner's Bitl of Rights and addendum (if applicable); » either a large -font, bold -print statement saying whether the offered compensation includes damages to the remainder of your remaining propertyor a formal appraisal of the property that identifies any damages to the remaining property (if any); » the conveyance instrument (such as an easement or deedkand » the name and telephone number of an employee, affiliate, or legal representative of the condemning entity. • The finalwritten offer must be made at least 3o days after the initial written offer and must include, if not previously provided: » compensation equal to or more than the amount listed in a written, certified appraisal that is provided to you; » copies of the conveyance instrument: and )> the Landowner's Bill of Rights. ♦ Disclose any appraisal reports. When making its initial offer, the condemning entity must share its appraisal reports that relate to the property from the past to years. You have the right to discuss the offer with others and to either accept or reject the offer made by the condemning entity. Va. 39 F F 2 REV 1/22 WHAT IF I DO NOT ACCEPT AN OFFER BY THE CONDEMNING AUTHORITY? The condemnor must give you at Least 14 days to consider the final offer before filing a lawsuit to condemn your property, which begins the legal condemnation process. HOW DOES THE LEGAL CONDEMNATION PROCESS START? The condemnor can start the legal condemnation process by filing a lawsuit to acquire your property in the appropriate court of the county where the property is located. When filing the petition, the condemnor must send you a copy of the petition No later than 30 days after the condemning entity files a condemnation lawsuit in court, the judge will appoint three local landowners to serve as special commissioners and two alternates. The judge will promptly give the condemnor a signed order appointing the special commissioners and the condemnor must give you, your lawyer, and other parties a copy of the order by certified mail, return receipt -requested. The special commissioners will then schedule a condemnation hearing at the earliest practical time and place and to give you written notice of the hearing. WHAT DO THE SPECIAL COMMISSIONERS DO? by certified mail, return receipt requested, and first class mail. It must also send a copy to your attorney if you are represented by counsel. WHAT DOES THE CONDEMNOR HAVE TO INCLUDE IN THE LAWSUIT FILED WITH THE COURT? The Lawsuit must describe the property being condemned and state the following: the public use: your name: that you and the condemning entity were unable to agree on the value of the property: that the condemning entity gave you the Landowner's Bit[ of Rights: and that the condemning entity made a bona fide offer to voluntarily purchase the property from you. monetary compensation for the value of the property condemned and the value of any damages to the remaining property. They do not decide whether the condemnation is necessary or if the public use is proper. Further, the special commissioners do not have the power to alter the terms of an easement, reduce the size of the land acquired, or say what access will be allowed to the property during or after the condemnation. The special commissioners also cannot determine who should receive what portion of the compensation they award. Essentially, the special commissioners are empowered only to say how much money the condemnor should pay for the [and or rights being acquired. WHO CAN BE A SPECIAL COMMISSIONER? Special commissioners must be landowners and residents in the county where the condemnation proceeding is filed, and they must take an oath to assess the amount of adequate compensation fairly, impartially, and according to the law. The special commissioners' job is to decide what amount of WHAT IF I WANT TO OBJECT TO A SPECIAL money is adequate to compensate you for your property. The special commissioners will hold a hearing where you and other interested parties may introduce evidence. Then the special commissioners will determine the amount of money that is adequate compensation and file their written decision, known as an 'Award: in the court with notice to all parties. Once the Award is filed, the condemning entity may take possession and start using the property being condemned, even if one or more parties object to the Award of the special commissioners. ARE THERE LIMITATIONS ON WHAT THE SPECIAL COMMISSIONERS CAN DO? Yes. The special commissioners are tasked only with determining COMMISSIONER? The judge must provide to the parties the names and contact information of the special commissioners and alternates. Each party will have up to io days after the date of the order appointing the special commissioners or 20 days after the date the petition was filed, whichever is later, to strike one of the three special commissioners. If a commissioner is struck, an alternate will serve as a replacement. Another party may strike a special commissioner from the resulting panel within three days after the date the initial strike was filed or the date of the initial strike deadline, whichever is later. 3 Vol. Pg. 3� REV 1122 WHAT WILL HAPPEN AT THE SPECIAL, COMMISSIONERS' HEARING? The special commissioners will consider any evidence (such as appraisal reports and witness testimony) on the value of your condemned property, the damages or value added to remaining property that is not being condemned, and the condemning entity's proposed use of the property. WHATARE MY RIGHTS ATTHE SPECIAL COMMISSIONERS' HEARING? You have the right to appear or not appear at the hearing. If you do appear, you can question witnesses or offer your own evidence on the value of the property. The condemning entity must give you all existing appraisal reports regarding your property used to determine an opinion of value at least three days before the hearing. If you intend to use appraisal reports to support your claim about adequate compensation, you must provide them to the condemning entity io days after you receive them or three business days before the hearing, whichever is earlier. If you, the condemning entity, or any other party is unsatisfied with the amount of the award, that party can formally object. The objection must be filed in writing with the court and is due by the first Monday following the 20th day after the clerk gives notice that the commissioners have filed their award with the court If no party timely objects to the special commissioners' award, the court will adopt the award amount as, the final compensation due and issue a final judgment in absence of objection. WHAT HAPPENS AFTER I OBJECT TO THE SPECIAL COMMISSIONERS' AWARD? If a party timely objects, the court will hear the case just like other civil lawsuits. Any party who objects to the award has the DO I HAVE TO PAY FOR THE SPECIAL COMMISSIONERS' HEARING? If the special commissioners' award is less than or equal to the amount the condemning entity offered to pay before the proceedings began, then you may be financially responsible for the cost of the condemnation proceedings. But, if the award is more than the condemning entity offered to pay before the proceedings began, then the condemning entity will be responsible for the costs. WHAT DOES THE CONDEMNOR NEED TO DO TO TAKE POSSESSION OF THE PROPERTY? Once the condemning entity either pays the amount of the award to you or deposits it into the court's registry, the entity may take possession of the property and put the property to public use. Non -governmental condemning authorities may also be required to post bonds in addition to the award amount. You have the right to withdraw funds that are deposited into the registry of the court, but when you withdraw the money, you can no Longer challenge whether the eminent domain action is. valid —only whether the amount of compensation is adequate. right to a trial and can elect whether to have the case decided by a judge or jury. WHO PAYS FOR TRIAL? If the verdict amount at trial is greater than the amount of the special commissioners' award, the condemnor may be ordered to pay costs. if the verdict at trial is equal to or less than the amount the condemnor originally offered, you may be ordered to pay costs. IS THE TRIAL VERDICT THE FINAL DECISION? Not necessarily. After trial any party may appeal the judgment entered by the court. 4 `� 9 ary Ttrz wog.. 394 Pg. A condemnation action may be dismissed by either the the court grants the landowner's motion, the court may award condemning authority itself or on a motion by the landowner. the landowner reasonable and necessary fees and expenses WHAT HAPPENS IF THE CONDEMNING AUTHORITY NO LONGER WANTS TO CONDEMN MY PROPERTY? If a condemning entity decides it no longer needs your condemned property, it can file a motion to dismiss the condemnation proceeding. If the court grants the motion to dismiss, the case is over, and you can recover reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses up to that date. WHAT IF I DO NOT THINK THE CONDEMNING ENTITY HAS THE RIGHT TO CONDEMN MY PROPERTY? You can challenge the right to condemn your property by filing a motion to dismiss the condemnation proceeding. For example, a landownercould challenge the condemning entity's claim that it seeks to condemn the property for a public use. If For more information about the procedures, timelines, and requirements outlined in this document, see chapter 21 of the Texas Property Code. An addenda discussing the terms required for an instrument of conveyance under Property Code section 21.0114(c), and the conveyance terms that a property owner may negotiate under Property Code section 21.0114(d), is attached to this statement. incurred to that date. CAN I GET MY PROPERTY BACK IF IT IS CONDEMNED BUT NEVER PUTTO A PUBLIC USE? You may have the right "to repurchase your, property if your property is acquired through eminent domain and: ♦ the public use for which the property was acquired is canceled before that property is put to that use, ♦ no actual progress is made toward the public use within 10 years, or ♦ the property becomes unnecessary for public use within 10 years. The repurchase price is the price you were paid at the time of the condemnation. The information in this statement is intended to be a summary of the applicable portions of Texas state law as required by HB 1495. enacted by the 8oth Texas Legislature, Regular Session, .and HB 2730, enacted by the 87th Texas Legislature, Regular Session. This statement is not legal advice and is not a substitute for legal counsel. voi 3 9 4 Pg.. �--- 5 REV V22 /0*� Information About Brokerage Services 11-2-2015 Texas law requires all real estate license holders to give the following information about '+ T�C brokerage services to prospective buyers, tenants, sellers and landlords. [cu ix= TOM J LL 95TATE COM IGH TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities, including acts performed by sales agents sponsored by the broker. • A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents): • Put the interests of the client above all others, including the broker's own interests; • Inform the client of any material information about the property or transaction received by the broker; • Answer the client's questions and present any offer to or counter-offer from the client; and • Treat all parties to areal estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary: • Must treat all parties to the transaction impartially and fairly; • May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction. • Must not, unless specifically authorized in writing to do so by the party, disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a written offer; and o any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law. AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to'represent the buyer. A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you, and your obligations under the representation agreement. • Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services. Please acknowledge receipt of this notice below and- retain a copy for your records. 7Arrows Land Staff LLC 9005075 info@7arrowsla*nd.com 7arrowsland.com 817-946-3810 Licensed Broker /Broker Firm Name or License No. Email Phone Primary Assumed Business Name Beverly Clements 305580 beverlyc@7arrowsland.com 817-488-7777 Designated Broker of Firm License No. Email Phone Nicole Costanza 470669 nikkic@7arrowsland.com 817-675-9482 Licensed Supervisor of Sales Agent/ License No. Email Phone Associate Matt Friendshuh 659568 mattf@7arrowsland.com 432-266-3080 Sales Agent Associate's Name License No. Email Phone Buyer/Tenant/Seller/Landlord Initials Date Regulated by the Texas Real Estate Cornmissior Vol. 394 P 414or ation available at www.trec.texas.gov g' IABS 1-0 W BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT Risk Management NUMBER: DATE OF COURT MEETING: 4/4/2023 ITEM: Approval for payment of claim #RM2023-045 to Mustang Rental in the amount of $581.83 for property damages caused on February 17, 2023. TO: Commissioners Court FROM: DATE: FISCAL IMPACT BUDGETED: Leslie Contreras 03/29/2023 False False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: 01000 - 125000100 - 65010000 $581.83 ATTACHMENTS: File Name Description Release of Claims MUSTANG RENTAL -Signed (1),pdf Liability Release Form ESTIMATES Brazos County320 Hvd Thumb Excavator Glass Damage Quote 1( 5887). Estimate PICTURES BROKEN WINDOW BEFORE TAPE.pdf Picture County Judge voi. 3 94 pg.- 4 2 Type Backup Material Backup Material Backup Material a3 W BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 4/4/2023 ITEM: Approval to issue a Diners Club credit card to Chief Public Defender, Nathaniel Wood, with a limit of $1,000.00 for hotels, conferences and travel. TO: Commissioners Court FROM: Presley Nelson DATE: 03/2812023 FISCAL IMPACT False BUDGETED: False DOLLARAMOUNT $0.00 ATTACHMENTS: File Name Description Type Diner s Club Aao- Wood.pdf Diners Club Application Backup Material Credit Card Reques (B82—Q0),W Credit Card Request Backup Material APPROVED Duane Peters Date County Judge Voi 3 9 4 Pg.—. Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 3614293 BRAZOSCOUNTY AUCTION DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise the following: DATE: April 0, 2023 AUCTION RUN DATES: Start April 7tht", 2023 — April 21", 2023 REQUESTING DEPARTMENT: PurchasinLy TYPES OF ITEMS BEING AUCTIONED:. Furniture, Computers, Equipment, Misc. Items APPROVAL SIGNATURE: LL) Duane Peters, County Judge DATE APPROVED: Ami=i-- 4, Q-09-3 vai. —3 pg. 44 IN Contract Pharmacy Services, Inc. Egging 125 Titus Avenue I Warrington, PA 18976 on 0 www.contractpharmacy.com 1800.555.80621800.453.3938 [fax] Contract Pharmacy SERVICES TO: Duane Peters, County Judge, Brazos County Purchasing Department ("Brazos County") RE: Request for consent to assignment of contract between Contract Pharmacy Services, Inc. and Brazos County Purchasing Department dated as of May 29, 2018 (the "Contract") This letter is to Inform you of the proposed sale of Contract Pharmacy Services, Inc. ("CPS") to Polaris Pharmacy Services of Philadelphia, LLC ("Polaris"). CPS proposes to assign the above referenced contract to Polaris. Such assignment shall.include the assignment of all of CPS's rights under the Contract to Polaris and the assumption and performance by Polaris of all of CPS's obligations under the Contract (the "Assignment"). in accordance with the Assignment Section of the Contract, we hereby request your consent to the Assignment, such Assignment to take effect as of the completion of the Proposed Transaction. Please sign a copy of this letter to acknowledge your consent and return it to us via email to HHutchinson@contractpharmacv.com. In the interests of time, we ask that you send us the signed consent by March 30, 2023. We appreciate your assistance and thank you in advance for your prompt attention to this matter. We will notify you once the Proposed Transaction has been completed. Upon completion of the Proposed Transaction, all notices and other correspondence In respect.of the Contract should be directed to Polaris at the address listed above, with a copy to David Rombro, Chief Executive Officer, Polaris Pharmacy Services, LLC, 2900 NW 60th Street, Fort Lauderdale, FL 33309, drombro@polarisrx.com. Otherwise, all terms of the Contract will remain in force: DATED: this 2 ` day of _I"�t'� , 2023. Contract Pharmacy Services, Inc. Name: Heather Hutchinson Title: Chief Operating Officer The undersigned hereby consents to the Assignment referred to above on the terms set forth above. [ DATED: this IC day of r—� 2023. Brazos County Purchasing Department Name: Ipv.AH114 • Pt- t EPZ By: Title: Co, L & r'K TcLO6t Vol. 394 Pg. 45 PHARMAMUTICALS j, Heather Hutchinson ulyagthoriz aq,o�# qd representative of Contract Pharmacy Services, tric. "Contractor";attest to :Wfflmgly ;1, e IiVei)--as.-Per Bihibit A (Contract proposal) andExiWi:'.B," iii6i,-'�'dotint 's re"i-for Proposal # 18-o.94) far .Brazos Ph4imaW..s po all the an Count�. IfUrthie provisions ec d iri- this- contract. Of ASSIGNMENT The sucOd'ss,fid offeror n:qynot-assjgn, sell or otherwise transfer this contract without written permission of �County- Commissioners CoUrL. Should them be a char g , e -, in o"enhip- or management; the contract be terminated unt esA,-gmutual agreement is res6h6d with the,new owner or Manager to continue the contract with its prqsqnt,,p;oy;siqns, and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AM BEST' OFFER in accoidance with'tho laws 6fthe "S't""bf Texas, to W, W-­ 6 an "t,Mili _ make awards to r o'fty, PT lqqokity� t� more. than oOft-or, to -anyqrqH.'bids TheCounty reserves .right .or reject in pat 11 or in whole. any IQs -sub i n it _� to -, w- �av; _e: an Y'technicalities t�i-&�,.b ,-e-siiliWiistofthd'C6tWty. C ONTRACTOR.!S'URSP It, is the Cofitradtot asole i questions .and ,respo ds -, a� fill include ill firm name, . 1 number and signed by, an Certifickion ofHid Form r forma, ncltiding but not I es to the ", Csjb to print aftd,rcvieW_,;tU-,p4g.q of:the 40 1fthe. bid.,docunient,. attaohmen% 0 and "special ';notice . s.1-te "idon'ofBid6nvmtAbe com F -pleted ig address, telephone :pumber, emailaddress,'Vendor'Tax Identification h J 'Ai6d 'a to: providq .signature on the s bid non 1*­ h ubtrij- of i9trequired qp6ii-s -to the -Reference Page, H_,A Wt_tion }; Addenda jncluqtng revised any -other- flarin N st1w; V bid.response *F#00. Of entire 01�. y I submitting W solicitation, ffic Government r 252 provide ,616 2 �06t.- Contractor to if Interested Parties: "Torm IiO_'las'require d. vendiftri*kid. tinirmir& amended or"Orwrided.coritrict, visit.hVi!//dWcs.stite.tx..Uwwhatsnow/elf info _fdfM1205_L'htrq,for more information. In the -event of a needed changein the specificatioins, sent to the Contractor, it is -understoodthat all the, foregoing term "I apply to the addeAdiah or addenda. CONTRACT. OBLIGATION Vol. 394 P9. 46 CODU* tNo.18-094 HRAZORCOUNTY; TEXAS Page Z of I0: Pages. Brazos County Commissioners Court.,must award the; contract and Brazos County Judge or otherperson authorized by Brazos County Comm ssioners:Count must -sign the contract before it becomes bindingan Brazos County or the offerors. DepaCtmenrt, heads are NOT authorized to sign contracts for Brazos County.: Binding, contracts shall remain m ,effect ,until all products, and/or services covered by "this pwrchase Have been satisfactorily delivered and accepted: The ;quantities specified in this contract are estimates only. Brazos County does. not guarantee to wrchase anymin imum uantities or services other than, listed on a purchase order. p q °COlYTRACT RENEWAL, Renevvaismaybe made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be:accepted and shall be considered a non response: HOLD HARIIOLESS. AGREEMENT Contractor, the successful :offeror, shall indeFnnnfy and; hold Brazos County -harmless ;from ,all claims for personal injury, heath .and/or property damage resulting Airectly or indirectly from Contractor's performance . Contractor shall procure; and manntain, ,with respect Ao the subject matter of this bid, appropri. _v:msurance coverage including, as a minimum, public Lability. and property damage with adequate limits" to cover. Contractor's liability as y arise directly or indirectly from work performed under term of this contract, Certification of such coverage must be provided to Brazos County upon request:. INSPECTIONS & TESTING Acceptance of merchandise; work, .and/or equipment provided shall be made by Brazos County at the sole :discretion of the Commissioners.,C,o*t when all. terms ,and conditions :of the contract .and specifications have been met to its satisfaction, including -,the submission to Brazos County of any and all documeptation as .maybe required., Title and Risk of Lass of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MOOMCATIQN Op' LOCATIONS Ott SERVICES Brazos County reserves the right to .,add locations as these additional locations may be required. Locations -to be added may 'Judein, bot,not hmiked.to, ex- q,psnons or additions to existing 'acilities and acquisition or construction of .new propemes. k the. event OW Brazos County makes significant structural changes to an 011s. 9 facility that unpacts the Contractor's cast in providing the services anticipated by'th s cantnact;such, change maV o treated W - new fmuty. and the pro cediues�provided for in this section -maybe followed in deteirosning an appropriate price: in the event Brazos -County wishes ,to add other locations to a group, under the contract, a quotation will be solicited from the .incumbent. Con _in god standing for #lie group in which the new location is appropriately ,situated. In the event Brazos County shall sell, vacate, abandon, or otherwise ;dispose or terminate a location to which :the cone raq applies; a1I- existing contracts for. services applicable to. -such Iodation, the,portion of tins .con Uad that applies .to. such locations :is terminated All 1emaining portions, of the contract will 4 Vol. pg. 47 Contract Me..l&094 .BRMS COUNTY, TEXAS Page 3 of lO Pages remain intact. Brazos Countywill endmqr to give the Contractor written notice of such termination' of lacations.a minimuia.of thirty (30) days'in adyaiqie' i1WOICES & PAYMENTS Payments to Contractors will_not be made if the Contractor daimon produce a Brzos County Purchase Order. Contractor elicit submit an onguaal invoice on 4each purchase order or purchase release _after each delivery, indicating tie purchase .ordei aumbe Invoices must be -itemized. Any invoice, which cannot be verified by the caritsact pncB and/or is otheivuise incorrect, shall .be corrected by the Contractor. When nzuittple deliveries and/or services are required, -the Contractor may invoice following each delivery or performancenf:sennce and Brazos -County will:pay on'invoice with in thirty (30) days upon receipt of invoke. Contracts providing"for a monthly `charge will lie billed and paid on a=monthly basis; only 'The Contractor aril provide an invoice for each month in.wluch Brazos .County is responsible far payment, -during the duration ,of the: contract. Prior to, any and atl payments made for goods and/or services provided under this contractY the :Contractor should _provide their Taxpayer Identification Number or Social Security number as applicable This infoimatidn;must be on ,file with Brazos County Auditor's office Failure to .provide thisinfoiaiation ;may result in a, delay in payment and/or back=up withholding as reytired bythe Internal Revenue Service. PRICING Prices for all. -goods and/or services shall be firm for the Duration of this contract and shall be stated on the Pricing/Mlivery Information form..:Prices shall be all inclusive: No.pr ce changes, additions, or subsequent qualifications wiU be honored during the course of the contiract. All prices must be written in ink or typewritten Pricing on alltransportation, -freight, drayage and other charges are to be prepand'by the Contractor'and included u the _bid prices: If there are any additional, charges of any kind, other #Tian those -mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit, the right''to payment for such items. Where unit pricing and extended pricing Ma, unit pricing prevails. TAXES Brazos County is .exempt .from. all federal ;excise, state and. local_ taxes unless otherwise stated in'th s contract., Brazos Court ty claims .exemption from all sales and/or use taxes under Texas Tax Code §151.349, as araeiided Texas I,izYuted Sales Tax Exeniptioin Certifieaten will .be furnished upon written equest to Brazos County Purchasing Agent. GOVERNING FORMS In the event; of any conflict, between the terms and provisions of these requirements and the specifications of the Exhibits if! the specifications shall; govern. In the event of any conflict of interpretation of any part of this. overall;;contract, Brazos County's inter Otgt on shall govern.- In the event of a eo�nflici between the terms, conditions, provisions, and specifications of -this contract and -any .. tons, other terms, conditions, provisions, and specifications provided' by the Contractor; the terms of this contract. shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262:021 et .seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is -further advised Ahat these EVol. 39 Pg- ---.�. *LAZ C90M, TEX.". Sh9a be. fully . 1­1 4-­­ disclosure requirement pursuantto 7 IVs Iaw requires persons. dpsiO#g aggrepW value in excess of $200 county Official's'igenibers Countythe Official's family menb questionnaire must be AW ivithll Chapter _4 for the IIS,ofINs Texas State.and Federal" C062d No. IM94 ge 4 of 10:PAM e laws of ,the State of Texas and that Brazos, County may pinions Qf the Attbin", 'Gencral Of Texas and Brazos County equlrementa Potential vendors are advised they may have usiness with the County to disclose any guilethat have an -,of, to A"U';employee ,- 1, �arlythe v'County, County Official to the iipmojlt' of 111- pl6y'ee of the County, County Qfficial, or gy,emp. el igAhb,pidcgding'. tw t; , (12) month period. The -disclosure I County Clink. Refer to Texas Local Government Code, ktractbr understandi that, Brazos "County is a government DISQUALMCATION-OIF'OMROft Upon, signing'"- cm'-' tratt,'ark .offeror. offering to, sell supplies, materials,. services, or equipment to Brazos County certifies that -the offeror has not violated the antittustlaws, of this state codified in Texas Business and Commerce Codc.1 §15.01, et- so., as,, amended laws and has not ;­3 17 of antitrust communicated directly indirectly the b ­ to, yorin c- y, 9-.i, i;�_ any competttor Orany other person engaged in such hi i e, 0 t business. - n affbids - `bii-i 'dbi6d if Brazos County believes that collusion exists among Y-Or may N, M. the offeroks. Bids in whildh,the.prides:are obviously unbalanced may be'rej'ect9d. if multiple bids are submitted 6y:in',qffcro,r--a,n,,da,ft:the-6ian open4,. jfone of fhebids is withdiawn, the result will be that all of the bids submittW by that 'offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bidsfor.different products- or services: SIVIERABILITY ifan . y section, subsection, paragraph, sentence, clause!, Ohms' 'word of these requirements or the P or . - - e requirements specifications -shall be held invalid, such holding not affect the r portions of these requir,eminits and the specifications and it is hereby declared that allth portions would have I I � s . renWnmg , I bein inctuded,in these requirtm6ts and the as though the invalid portion had been SILENCE OF SPECIFICATIONS The apparent silence pf-sp6dficationiastoany,detail or -the apparent -omission from it of a detailed Oscriptidn concerning -, any, .. point, oin A�ft_640gar&d,as 'meaning ftt,only.thobiuicomm=ialpractiwis td_ _ .'" 61 and workmanki ' fin 4ualfty to be used. All mberpto prevail and Ihii- ofil- material of t* finest I IjAilt f I �. . - The item furnished under .,11:ftidons of . IM, iigAd on the, 0 this 6Wd'Ilent. spe' pa#qijg,,. shall be -i this contract shall be,xim.,u , nwt Odbf ih M to commercial #04 and shall be :of thdIiShest quality ato materials used a,-,n, A*workmanship. a!M'' 'dfhbWer­fbrr&these "thst items shall be I. experienced in designand construction of such items and shall be an, established s0IVIiQr of the item bid. 'TERMMATION BMWs County'reserves .the right to terminate the contmct for default if offeror brWhes any of the Ulm therein, including warranties I of offeror or -if the -of fem Wothes insolvent. vt commits acts of bankm -Such termination is m addition to and not, in Bea Of other pte -right of any o,,er rmedie.q., Which BrazosCounty 'law oreqtifty. .De&ult maybe construed as, but riot limited to failure to d4yer the. proper goods and/or services within thoptoper Sli.33[61,Mt of tinni and/or to- Ibm . I prop properly per any and -a services required to Brazos CoOtY.S sAtisfiketion and/or to meet all other obligations -and voi. 394 49 P9- --i I HRA zos C, TEXAS Contract No. 1"94 ,Pap 5 of 10 Pages requirements. Brazos County ate the contract without cause, upon thirty (30) days written notice. POLICY REQUIRESFOR CMIM' TOFINSMANCE CONTRACTOR'S NgUlk-ANM Woii," iBrms,County, -,!#",A*s4B;WpCounty 4.C-ertif'lcaWof The.Co# Contractors) bi6jic #�*i _bl mi" 46u6666. dkodinpanies with an A.M. Insurance or other adde M 4rep,#e to acceptable to Brazos County) licensed to write insurance in the Best of M (gudh',c- r-Y) 0M by tatev T shoW*g11*.theC is covered the in�urarice,afs fbftows: C %a_MoMLrs Compensation' ln%gme with Employers L'-jbigWjtXInsurance in the amount of _e,iv6nt#qy work is siblct;the Contractor. shall requite the subcontractor similarly to pr6Mb.'th-' coverage and iUift htlmseii%acquire evidence of such coverage on tbtricor. (17�C­_Sdc- 4 b.ehalf6k*e-'iub'o 01 (2) C jUabiliM with a $ 2,000,000.Combined Si ama—d I - _ -.1- - - '' ` Single Limit. The policy 0 ­ , �b ,,e:�. en Liability qcc rqnce i"" i& ii y 198 ,to and shall include 4 on 9� u. coverage for acts, I 61f,independent contractors, 'and shall name Brazos County as an additional bi required;. made - obti6iis. are, accgpj&1e_ without insured.. Waiver, 0 sp! is r�q No. claims (3) Automobile, Public, Liability Insurance' with a $1,000,000 , Combined Single Limit, in all self- F%VAW;;R;�i used, m�;0onfi6di the contract, whether owned,.non-owned or hired; Waiver of subrogationis reiluiadt. The Certificate of Insuranqe� furnished ;to ,,Brazos County shall, contain a provision that "coverage under such poili-dies" i6il not be canceled ...0-r-w''terially-c �� until at !east -30,d0`,, written notice ,has g0d 401M,givo toBntzos County. LEMATIONS The parties areaware that there are constitutional and statutory, limitations, on the authority of Brazos .,. .7 County to enter into ve-rWh iei add 'conditions o6f I - e contract, but not limited to Mithdriz8fibnS: of theplacement "'fie -ink on property; aisC nun sand and limitations of warranties; disciamers:and"!Wtati 9 of liability fOre; 4MOM and limitatons of legal rights, remedies,, rel processes; li,mi,titiom'i-q"fpq- 4-6, bringlegal action; granting control of iiii on r p;r k liability acts Oromissions 4,third parties; t -iffiled I Wit- ctiVely, the *Mf i - p. - ios;., payment d�bib:, k bititwo" i�� 'yMent of attorneys' *eg'. -co, 0 y Thibitati An a te .y.conta nm.an4,Q0ft&d0ns, related -to .,. Limitations not, be binding on - 1. 1" 4 ". - Brazos County,owcot to the the'laws COVERMASMAGES Nl:lltjftin this co ntract Shall be -cons trued. as:making Braz-os County for the payment of compensationand/or any bonefits forContractor including health, properly, motor vehicle, workers'iiiability, death, and insurance 'Contradto?s employws and/or vol. 3 9 4 pg. 50 Contract Na. iti'm BRAZQ3 CUUrTTY, TEXAS Page 6 of 14 Pages equipment. Nothing in ffiq contract shill ibe construed as<maidak Brazos 'County: responsible for wages, materials, logistical. support; equipment, and rela#ed Havel expenses: incurred by the Contractor: The parties underatannd t behalf of itself, off fi' , and the-perfor narice . ' t any civil liability that ate, The parties understand. a law for`tbe actions of the ,:does ,not, waive or relinquish any immunity or defense on and volunteers as a result of its execution of,this contract tinned herein. Further, Brazos -County is not responsible for omission made vcnthui ihe:course and scope of this contract. is:.County°does not assume civil liability under any theory of dine seruices hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the Patties from time to tune and s>lall be;debmed received when sent postage prepaid U.S. Mail to the following -addresses: DRAZOS. COUNTY: , Brazos County, Texas Duane, Peters, Brazos C60n-O Judge 200 South Texas Avenue, Sidte = ,Bryan, Texas 77803 CONTRACTOR; Sales Contact Name: Phone Number: Billing Info: ASSIGNABILITY This contract may notbe assigned without the prior written,permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding apy provisianis contawed herein, the obligations, of Brazos County are expressly contingent upon -the availability of fiuhng °for the obligatwns..contained herein. for me term of the contract and any extensions thereto. WAIVERS No waiver by either party .hereto of any term or condition :of this contract shall be deemed or construed to be .a waiver of any other term or condition or subsequent- waiver of the same term or condition. Vol. 39 �g 51 Contract No. 19 4% BRAZOS COUNTY, TEXAS Page 7 014 Pages ENTIRE CONTRACT This contract: represents the entire and utegtated agreement between Brazos County and the Contractor ,and supersedes an.prio"r negotiations, riepreseaitatrons, or contracts; either written ar oral. This contract may only be amended by written ibstrumof approved and executed by the parties. AVAILABILITY AND BETE .AX records relati6 to the sere c ,.. submitted to Braxo§ County by, uuditby Brazos County, it duly r io the of the State of TE .:agenges of ;the. United. States i available for-iy tsme period.iret federal law, regazding retentxo>< initiated.hefore. the. expiration 'o records, the .Contractor shall re Contractor ,shall.provide Biazgs contract. vided under this contract and supporting documentation for invoices ion_ti ecto shall be retained and Made available by -the Contractor for crized.representatives, the State of Texas (including, but not limited Inspector "General or duly appointed law Enforcement officials) and rmnent,. Such records shall. be returned by Contractor and made d by..state or federal law. If changes occur in the governing state or. orris;, Contractor shall comply with .such changes. If an audit is - 1.tyme penods :required by. state or federal law regarding retention: of such records until the audit is concluded and all issues resolved. nty:with copies of such audits that be conducted with respect to the AUDIT RESPONSIBII.TY The 'Contractor- shall be iesponsible" for receiving, replying to and/or: complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay,,. to Brazos County the fall amount "received for duplicate .billinga; erroneous billings, false or deceptive cleans Tl'e. Contractor recognizes .arid agrees, that Brazos County may withhold any money clue and recover thraugh:any apprioprate method any riaoney erroneouslypaid under this contract if evidence exists,of less #h*full compliance with this contract.. MDEM MICATION The Contractor shall defend, indemnify awd save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of -any 61' ' oter, name: and description including attorney's fees expenses brought for or m account of airy injuries or damages received. or'sustained by anyperson or,persons or property, by =or from the said onttactor`.or his eiriployees or by ,or is consequence. of any negligence in safeguarding the; work, or through the use of unacceptable matodals,in construction of -the work, or by or on 'account of any act of onissron, the Worker Compensation` Law or, any other law, ord n nce, orde�c or:decree; and so Buci of the wo cy�due the' S&-;Contaactor under and by virtue ofbis contract as shalllie considered necessary by Brazos County may be retained for the use of Brazos County, or in. case no money .s due, his sureties shall be held until ,salt or suits; action or actions, claim or, claims for injury or damage ins aforesaid shall have been settled and satisfactory evidence to that effect furnished ,Brazos County. Contractor shall defend, tndemnify and save harmless Brazos .County, its officers, agents and employees inaccordance Rath -this u demn1_ chgon clause regardless of whether the-injuryor damage is: caused in part by Brazos County,: its, of agents -or -.employees. INTER -LOCAL COOPERATION AGREEMENTS The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing -inter -local cooperation-agreemeat(s) with Brazos County.. Vol. 3 9 Pg. 52 Contmet No.18-094 BRAZOS COUNTY, TEXAS Page 8 of 10 Pages HOUSE BILL 89 & DEBARMENT VERFHCATIQN 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 Admuusttidon's Excluded Parties List System (EPLS https://www.sanLgov), which is incivsive of the United States T'reasury's Office of Foreign Assets Control (OFAC) Specially D si Respondent certifies that the responding entity and itsprincipals are e National (SD . list. Respo � . .... , p g ty ,l eu `beto ,. gi , parktcipaze n this transaction and, have not been subjected to suspension, debarment, or sar rneligibility 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.sanLgov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms that the, company submitting this proposal, under the provisions of Subtitle F, Title 10, and Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001; Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a, person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited 'partnership, limited: liability partnership, or any limited liability company, including -a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to -make a profit. Company Name: Contract Pharmaoy-Seryloes, Inc. Authorized Company Representative:.Heather Hutchinson Date: May. 24. 2018 Contract #:18-094 vol. 3 9 fig.. 5 'BIRAZOS COUNTY, TEXAS Contract No,18-094 Page 9 of 10 Psges CERTIFICATION OF BID The undersigned further affirms the non -debarment, statement above, that they are duly authorized execute this' contract, that thus bid has.npt been prepared"invollusion with any other vendor, and that.the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid Signed Typed Name Heather Title: Chief Operating Offfm Company Name: Contract Phannacy'S&VIC s, Inc. Phone No. (800) 555-8062 Email Address: hhutchinson@a contractp"ffnacy.com Mailing Address: 125 Titus Avenue Warrington _ . PA 18976 P. 0. Box or Street city State Zip Employer Identifiication Number: 23-201,3561 Social Security Number: 187-68-8497 Appr ved'b xnissimne Courton this day of 2015 by Idm the position of�«cos Jd . .---- j 394 Vol.. Pg. 54 —AU-1— FIBERTOWN Fibertown Services Agreement Customer Account Name/ Number: Brazos County Customer Federal Tax ID Number: 74-6000433 Contract Date: Customer Information Legal Company Name: Brazos County Technical Contact: Travis Shaw Service Street Address: 300 E 261h Street Business Phone Number: 979-361-4473 City/State/Zip: Bryan, TX 77803 E-mail: tshaw@brazoscountybx.gov Service Commencement Date: On or after the signing of this Agreement Billing Contact: Helen Cook or Amanda Adams Billing Address: PO Box 914 Billing Phone Number: 979-361-4520 or 979-361-4572 Street Address: E-mail Address: ITAcquisitions@brazoscountytx.gov City/State/Zip: Bryan, TX 77803 Fibertown DC, LLC (Operator) shall provide the following Services and equipment, and Brazos County (Customer) agrees to pay the fees and charges set forth below: (Customer Initials) _ Service Description Quantity Term Total Service Charges Monthly Recurring /Access Charge (Monthly Pay-ment)• Non: Recurring/One-time Activation and Set-up Fees 1 Gbps DIA (Dedicated Internet Access) 1 36 months $600.00 $250.00 /30 IP Block 1 36 months $0.00 $0.00 Fiber Cross Connect to BVCOG Network (who will then transport to Brazos County Courthouse) 1 36 months $50.00 $0.00 Discount for Fiber Cross Connect to BVCOG Network (who will then transport to Brazos County Courthouse) 1 36 months -$50.00 $0.00 BGP Peering Session 1 36 months .$0.00 $0.00 Total 1 $600.00 $250.00 0 Special Conditions (Customer Initials) $SO MRC discount for a 36 month term— Removes the Fiber Cross Connect MRC The undersigned represents that he/she is the Customer or is the Authorized Customer Representative identified above and is authorized to sign this Agreement on behalf of Customer for the services in this Agreement. The undersigned further represents that the Customer Information and the Authorized Customer Representative Information is true and correct This Agreement binds Customer to the Rates, Terms and Conditions of Service applicable to each of the services selected above, including any termination penalties that may apply. Customer understands that regulated services selected above are provided by Operator. All Servxes are subject to the Terns and Conditions on the attached pages hereto. The undersigned authori pera edc credit and this Agreement is subject to credit approval. Prices listed do not include applicable taxes, fees, assessments or surcharges. Until this Ag ent is signed by a tor, it serves as a proposal which may be withdrawn or changed at any time by Operator. Operator will honor the prices in this p posa p d Cu mer delivers a sign contract to Operator within thirty days from the contract date above. Ngtan-��i2i2�— Customer - Authorized SlgnatU re: Operator. "a"ryrmn" (Mar24, u scon By: i/uPkWE—IP6-re-CLS Title: CC) (A 017 d LLP G C Date: 4 / 4 / a 0 a3 By: Nana K. Finney Title: Chief Financial Officer Date: Mar 24, 2023 d®1. 3 Z Pg.---5�•- Terms and Conditions of Service. 1. Payment Customer shall pay for all monthly service charges, plus one-time setup, installation, and/or construction charges. Unless stated otherwise herein, monthly charges shall begin upon installation of service, and installation charges, if any, shall be due upon completion of installation. Billin Monthly recurring fees are due no later than the first day of each month for which services are provided. In the case of a late payment, Customer will be charged a $100 administrative fee and the late payment will accrue interest at the rate of one and one-half percent (1.5%) per month, or the highest rate allowed by applicable law, whichever is lower. Al[ non -recurring fees shall be payable net 30 as invoiced by Operator. All payments shall be made in U.S. dollars. Taxes Operator may invoice and Customer shall pay all taxes, fees or assessments and other charges required to be collected by Operator by any governmental agency that may result from the Customer's use of the Co -location Space. Customer shall be responsible for paying all taxes, fees or assessments and other charges imposed on Customer by any governmental agency that may result from this Agreement, or any of Customer's activities contemplated hereunder. 2. Service and Installation Operator shall provide Customer with the Services and Equipment identified on the first page of this Agreement; provided, however, if Operator determines that Customer's location is not serviceable under Operator's normal installation guidelines, Operator may terminate this Agreement. Customer is responsible for damage to any Operator equipment installed on customer premise for the purpose of the service described herein. Customer may use the Services for any lawful purpose, provided that such purpose (a) does not interfere or impair the Operator network, equipment or facilities and/or (b) complies with the applicable Acceptable Use Policies ("AUP") which are incorporated herein by reference. Customer shall use the equipment only for the purpose of receiving the Services. Customer shall not make any connections to the equipment which are not expressly authorized in writing by Operator or permit tampering, altering or repair of the equipment by any person other than Operator authorized personnel. Unless provided otherwise herein, Operator shall use reasonable efforts to maintain the Services in accordance with applicable performance standards, however, Operator shall have no responsibility for the maintenance or repair of facilities and equipment it does not furnish. 3. Service Date Term & Renewal This Agreement shall commence on the Service Commencement Date and, unless earlier terminated in accordance with Section 9 hereof, shall continue forthe minimum term set forth in the applicable Service Order (the "Term"). The foregoing notwithstanding, in no event shall Customer's right to occupy the Colocation Space extend beyond the Term. To ensure continuous service, this agreement will be automatically renewed for successive terms equal to the term of the Agreement at a rate not to exceed 120% of current contracted rate, unless either party timely serves written notice upon the other party of its intention to cancel renewal at least ninety (90) days but not more than one hundred and eighty (180) days before the end of any subsequent renewal period. Operator shall use reasonable efforts to make the Services available by the requested service date. Operator shall not be liable for any ►i damages whatsoever resulting from delays in meeting any service dates due to delays resulting from construction or for reasons beyond its control. 4. Customer Responsibilities Customer is responsible for arranging all necessary rights of access for Operator within the Customer's premises, including space for cables, conduits, and equipment as necessary for Operator -authorized personnel to install, repair, inspect, maintain, replace or remove any and all facilities and equipment provided by Operator. Customer shall provide a secured space with electrical power, climate control and protection against fire, vandalism, and other casualty for Operator's equipment. Customer shall use the Services in compliance with all applicable laws and ordinances, as well as applicable leases and other contractual agreements between Customer and third parties. Customer is responsible for ensuring that Customer's equipment is compatible for the Services selected and with the Operator network. 5. Equipment Unless otherwise provided herein, Customer agrees that Operator shall retain all rights, title and interest to facilities and equipment installed by Operator there under and that Customer shall not create or permit to be created any liens or encumbrances on such equipment. Internal Wiring shall not be considered equipment and shall become the property of Customer upon initiation of Service. Customer shall not modify or relocate equipment installed by Operator or install any other equipment, including servers in connection with data/Internet without the prior written consent of Operator. For Operator -owned equipment, Customer shall, at the expiration or termination of this Agreement, return the equipment in good condition, ordinary wear and tear resultingfrom proper use excepted. In the event the equipment is not returned to Operator in good condition, Customer shall be responsible for the value of such equipment. Operator shall repair any equipment owned by Operator at no charge to Customer provided that damage is not due to misuse, abuse or other disaster including acts of God. If additional equipment, including but not limited to, monitors, computers, circuits, software or other devices, are required by Customer to use the Services, Customer shall be responsible for such equipment. 6. Resale of Service Customer may not resell any portion of the Service to any other parry. 7. Default If Customer fails to comply with any material provision of this Agreement, including, but not limited to failure to make payment as specified, then Operator, at its sole option, may elect to pursue one or more of the following courses of action upon proper notice to Customer as required by tariff or applicable law: (i) terminate service whereupon all sums then due and payable shall become immediately due and payable, (ii) suspend all or any part of Services, and/or (III) pursue any other remedies, including reasonable attorneys' fees, as may be provided at law or in equity, including the applicable termination liabilities. 8. 1P Address and Domain Name Registration Operator will allocate lPaddresses toCustomer according toARINguidelines. AIIIP addresses assigned by Operator must be relinquished by Customer upon the expiration, termination or cancellation of this Agreement. IP address shall be subject to the IP policy in the AUP. If Customer requests, Operator will register an available domain name on behalf of Customer, and such registration shall be subject to rules promulgated by the domain name registrar, which may be amended Vol. 394 - - Pg _ from time to time. Customer is responsible for payment and maintenance of domain name registration. 9. Termination Customer may terminate data and or Internet before the end of the term selected by Customer on the first page of this Agreement; provided, however, if Customer terminates Service before the term selected by Customer (except for breach by Operator), or Operator terminates Services for Customer's breach of this Agreement or the AUPs, Customer may be subject to a termination liability. The termination liability shall equal 100% of the monthly recurring charges for the terminated Services multiplied bythe number of full months remaining in the term commitment and is due upon termination. 10. LIMITATION OF LIABILITY. OPERATOR SHALL NOT BE LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL OPERATOR BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. OPERATOR SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NELGLIGENCE OF OPERATOR. UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS ARISING FROM THiS AGREEMENT. OPERATOR's MAXIMUM LIABILITY TO CUSTOMER ARISING UNDER THIS AGREEMENT SHALL BE THE LESSER OF $S,000.00 OR THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR SERVICES HEREUNDER. 11. Assignment Customer may not assign, in whole or in part, this Agreement without the prior written consent of Operator, which consent may be withheld in Operator's discretion. Operator may assign this Agreement and Service may be provided by one or more legally authorized assignees or affiliates. 12. WARRANTIES EXCEPT AS PROVIDED HEREIN, THERE ARE NO AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND OPERATOR DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. OPERATOR MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 13, INDEMNITY Customer shall indemnify and hold Operator and its respective affiliates, subcontractors, employees or agents harmless (including payment of reasonable attorney's fees) from and against any claim, actions or demands relating to or arising out of Customer's use of the Service Including without limitation (1) any content or software displayed, distributed or otherwise disseminated by the Customer, its employees, or users of the Services, (ii) any claim that Customer's use of the Service including the registration and maintenance of Customer's selected domain name(s), infringes on the patent, copyright, trademark or other intellectual property right of any third party; (III) any malicious act or act in violation of any laws committed by Customer, its employees or users using the Services; and/or (iv) violation by Customer, its employees or authorized users of the Operator AUPs. 3 A. Nothing contained in this Agreement is intended to serve as a waiver of sovereign immunity by any agency to which sovereign immunity may be applicable. 14. Viruses, Content, Customer Information Software or content obtained from the use of Service may contain viruses or other harmful features and Customer Is solely responsible for protecting its equipment and software from such matters. Through the use of the Service, Customer may obtain or discover content that is offensive or Illegal and Customer assumes the risk and is solely responsible for its access to such content. Operator may disclose Customer information to law enforcement or to any Operator affiliate. 15. Miscellaneous This Agreement, the tariffs, the documents referenced herein, and the AUPs constitute the entire agreement between Operator and Customer for the Services and equipment provided herein. The invalidity or unenforceability of any term or condition of this Agreement shall not affect the validity or enforceability of any other provision. This Agreement may be modified, waived or amended only by a written instrument signed by the parties; provided Operator may modify the AUP and if Customer continues to use the Service, Customer shall be bound by such AUP as modified. The rights and obligations of the parties under this Agreement shall be governed by the laws of the State of Texas. The failure by either party to exercise one or more rights provided in this Agreement shall not be deemed a waiver of the right to exercise such right in the future. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the parties at the addresses on the first page of this Agreement, or as specified by subsequent written notice delivered by the party whose address has changed. 16. Regulatory Authority -Force Maleure This Agreement and the obligations of the parties shall be subject to modification to comply with all applicable laws, regulations, court rulings, and administrative orders, as amended. In no event shall either party have any claim against the other for failure of performance if such failure is caused by acts of God, natural disasters including fire, flood, orwinds, civil or military action, including riots, civil insurrections or acts of terrorists or the taking of property by condemnation. voi. 9 pg. 57 j * Brazos County Purchasing Department rT oF a¢, 200 S. TX AVE.,'SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 3614293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's -Court approval to advertise and go out for Bid on the following: DATE: April 4, 2023 RFP NUMBER: CIP # 23-562 TITLE: Architect for Medical Examiner's Office REQUESTING DEPARTMENT: ARPA Funds — Commissioner's Court APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: A FgQ T�L- L ' i ax)*'3 394 P raR,t£ Op T - * Brazos County n°y Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PRONE (979) 361-4290 FAX (979) 361-4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would Iike to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: April 4, 2023 RFP NUMBER: CIP # 23-583 TITLE: Construction Consultant for Medical Examiner's Office REQUESTING DEPARTMENT: ARPA Funds — Commissioner's Court APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: I"[ 6��-1-t— �r ao � 3 E BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 4/412023 ITEM: TO: DATE: FISCAL IMPACT BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name Saecialty Court Invoice - 2023- 002 Dec 2022 to Feb 2023.docx Approval of expenditure journal entry for Brazos County FY22-23 December 2022 - February 2023 cash contribution of $38,039.15 to CSCD Specialty Court program. Commissioners Court 03/20/2023 False False $0.00 Description CSCD Specialty Invoice Type Backup Material APPRO D Duane Peters Date County judge - VOL .394 P9. 6 0 BRAZOS COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT March 20, 2023 INVOICE JENNIFER GOERIG, DIRECTOR Brazos County Attn: Megan Mason Invoice Number: 2023-002 Invoice Description: Actual payroll and benefits expenditures for Specialty Court — December 2022 — February 2023 Amount due: $38,039.15 Please do a journal entry for the above amount moving funding revenues to the CSCD. Please see attached documentation for payroll expenditures. Vol.. 3 9 4 Pg. P.O. BOX 2015 9 BRYAN, TX'77806-2015 9 (979) 361-4410 9 (979) 822-5341 (fax) 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 04/11/2023 REQUESTOR JOSEPH MAHAFFEY ADDRESS 4353 WHITFIELD AVE FT WORTH TX 76109 OWNER NAME EDUARDO MAR17INEZ & ANA GARCIA PROP ID# 33485 REFUND AMOUNT $18.62 REQUESTOR LEROY GONZALES & ROSARIO ESTRADA ADDRESS 124 N DIBBLE AVE LANSING MI 48917 OWNER NAME LEROY GONZALES & ROSARIO ESTRADA PROP ID# 31753 REFUND AMOUNT 1$40.12 RE UESTOR ZINAY JONES ADDRESS 8502 WOODCAMP DR HOUSTON TX 77088 OWNER NAME ZINA Y JONES PROP ID# 12340 REFUND AMOUNT $12.87 REQUESTOR ROCIO CABALLERO ADDRESS % BCS MISSION RANCH 9955 BARKER CYPRESS RD STE 250 CYPRESS TX 77433 OWNER NAME BCS MISSION RANCH PROP ID# 115087 REFUND AMOUNT 1$42.99 REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT ADDRESS OWNER NAME PROP 100 REFUND AMOUNT Vol. .:0 � Pg. v, -.I APPLICATION FOR TAX REFUND Collecting Office Maine Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979 775-9930 OWNER'S NAME AND ADDRESS MARTINEZ EDUARDO & ANA GARCIA 806 MITCHELL ST BRYAN TX 77802-2321 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 Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: MITCHELL-LAWRENCE-CAVITT, BLOCK 21, LOT 16 (S 125' OF) Address: 806_MIT_CH_EL_L_ST_ , un Accot # 33485 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2021 Taxpayer's reason for refund: OP -Overpayment REFUND TO: MAHAFFEY JOSEPH 4353 WHITFIELD AVE FT WORTH TX.76109 Payment Date Amount Paid Refund Amount Requested 07/31/2022 $2216.40 $18.62 below and return form to the Brazos County Tax Office. . "[ ereby apply for the f of th a ove-described taxes and certify that the information on this form is true and correct." z3 natuF � t Z �a� ��►,� _���ocr�rt`tDf� Y�ic� Phone # all Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION he tax re "s '�Approv ] Disapproved L4-t 4 ( 0-:3 Authorize icer 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 9 4 pg., r TAX RECEIPT OB/03/2022 09:25AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4161 COUNTY PARK CT BRYAN, TX 77802 PAID BY: MAHAFFEY JOSEPH & MELISSA 4353 WHITFIELD AVE FORT WORTH, TX 76109 :Receipt Numtrer 3163193 � Date Posted 07131/Y022 Paymenitype P Payment Code • _ Over/Refund Total Paid _-s2,2-SsAO Property ID Geo _ _; -•- - - _Legal Acres ; Owner Name and Address_ _ _ • __ _ _ 33485 421000-0021-0160 10.0606 MARTINEZ EDUARDO & _ -• _ --- _ •--- _ - -._ ANA GARCIA i _ Legal Description _ _• 806 MITCHELL ST hiiTCHmi LAWRENCE-CAVITT, BLOCK 21, LOT_ 16 IS 12v OF) - - BRYAN, TX 77802-2321 Situs DBA N_a_me 808 MITCHELL ST Entity Year _ Rate T_a'xable_ Value Stmt # -Void Original Tax D3scnts • P&I Att. Fees Overage Amountt Pd _ _ Z REFUND ENTITY 2021 0.00000 0 145637 N 18.62 0.00 0.00 0.00 0.00 18.62 BRAZOS COUNTY 2021 0.49350 68,939 81790 N 340.22 0.00 6124 60.22 0.00 461.88 CITY OF BRYAN 2021 0.62900 6%939 81790 N 433.63 0.00 78.05 76.75 0.00 588.43 BRYAN ISD 2021 1=680 68.939 81790 N 845.74 0.00 152.23 149.70 0.00 1,147.67 2,216.40 Balance Due As Of 07/31@022: -18.62 Tender Details Description Amount Check ECK 2216.40 2216.40 L 3 9 Pg. 6 4 77 Operator_ Batch _ 1 _Total Paid tmom 42251 JFMT EC Internet 08022022) 2 21s.4D, Special Condition Exists for this Property Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-77S-9930 OWNER'S NAME AND ADDRESS GONZALES LEROY & ROSARIO ESTRADA 124 N DIBBLE AVENUE LANSING M148917 PROPERTY DESCRIPTION _ Legal: LQPEZ, BLOCK 11, LOT 2 & 3 Address: 1502 FIG ST , + Account # 31753 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: GONZALES LEROY & ROSARIO ESTRADA 124 N DIBBLE AVENUE LANSING M148917 Collecting. Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan 15% College Station ISD,. F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 01/31/2023 $300.00 $40.12 F 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 tarred." Sigriatuie b& .�/?- 024� �1�0 .� _ _ rago�+ia�G�,c�.sr � •vQ�____c�, Phone # Email Address if you make a false statement on this application, you could be found guilty of a Gass A misdemeanor or a state jail felony under Texas,Penal Code Section 37.10. TAX REFUND DETERMINATION tax re is j Approved Disapproved + 1- Authorized Officer Signature Date T Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Vol. 394 Pg. 65 s TAX RECEIPT - --- OW02/2023 04:29PM " KRISTEEN ROE, CTA PH# (979) 715-9030 - BRAZOS COUNTY TAX ASSESSOR COLLECTOR' - - 4151 COUNTY PARK CT 3240522 BRYAN, TX 77802 - Dat9 01f31l20?3 Pl- Payr� ECa OvedRefwid S30W . PAID BY: GONZALES LEROY" & ROSARIO. ESTRADA 124 N DIBBLE AVENUE : LANSING, MI 48911`T " •` ,-- �� ;�l:e al ,c's r-GONZALESLEROY & - 31753 39200Q 0011-0020 ': :: O'0000 ' .. # SARIO ESTRADA v ; _ rk `''"' a gi 0esciip ." Y ~a a124: R DIBBLE AVENUE LANSING, MI 48917 1 SLOFEZ BLOCK 11, LOT 2 & 3 i 1502 FIG ST , � nti= ,:Year, Rates - axa[iteI e°StinC#t - o d_ "� �,Oti� n_ al �Fax��w_ DtScnfs, ',.PCB] _ __E_ ees. _'_ Ov_fage.'Aino_untd; Z REFUND EN3M 2022. -0.00000 '0 . N - 40.12 • • 0.00 0.00 0.00 Opp40.12-. ,146167 BRAZOS COUNTY 2022 0.42O41 25,530 _ 50557 N 50.69 " 0.00 0.00 0.00 b.00 . - ' 50.89 - CITY OF BRYAN 2022 oA2400 26,630 50657 N . 73.95 o.ab 0.00 0.00 - . 0.00 •73:95 BRYAN !SD 2022 1.1396b 25,530 50657 N 135.04 O.QO .0.00 0.00 0.00 135.04 r 300*.M Balance Due As 01 OU3112613- .40A2 1=eriaei:c' "_ "� 'stalls" Credit card CC XX-6204 C00V.Charge 0.00 300.Q0; • 300.00- � .. . Vol.. 3.9 4 Pg..�.,�- ,�F - �"=Rath :�,f°s--�=.-~``,�;�f;:n�=, 's�4Tw��" ..< . ��;:•:�'' r • �. 4; ;�•;�::;•_ � ;�.i� :�a= '��'� T'• I=Ealdt •- 4lemerson 44626 (JETFAYC 02022023_LE)� 300.00' Page: i Receipt issued In Accordance vAth Sedan 31.075 of the Texas Property Tax Code „�• -�- APPLICATION FOR TAX REFUND. Collecting Office Name Brazos County Tak Office 4151 County Park Court Bryan, -Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS JONES ZINA Y 8502 WOODCAMP DR HOUSTON TX 77088-8020 PROPERTY DESCRIPTION Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISO, College Station 1SD, F1, F2, F3, F4, City of Kurten, Navasota ISD Legal: A003000, MARY LAWRENCE, TRACT 23.3,11.3 ACRES Address: 15286 DILLY SHAW TAP RD , Account# 12340 TAX PAYMENT INFORMATION Name of Taxing_ Unit Tax Year of Refund Payment Date Amount Paid _ ZREFUND 2022 r M/31/2023 $356.49 Taxpayer's reason for refund: OP -Overpayment REFUNDTO• JONES ZINA Y 8502 WOODCAMP DR HOUSTON TX 7708"020 Refund Amount Requested $12.97 Sign below and return form to the Brazos County Tax Office. 11 hereby apply for refund of the above -described taxes and certify that the information on this form is true and correct" Signature Date Phone # Email Address If you make a false statement on this application, you could be found guilty of a Gass A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION he tax nd is [ Approve ] Disapproved 4- Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date VOl. 394 Pg. s..� TAX RECEIPT 02/09/2023 03:06PM lc I RISTEEN ROE, CTA PH# (979) 775-9930 RRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: JONES ZINA Y 8502 WOODCAMP DR HOUSTON, TX 77088-8020 Property ID Geo _ Legal Acres . 12340 003000-002M030 11.3000 Legal Descriptlori A003000, MARY LAWRENCE. TRACT_ 23.3,11.3 ACRES Situs DBA Name 15286 DILLY SHAWTAP RD , Receipt Number 3244240 Date Posted 01/31/2023 PaymentType P Payment Code , Over/Refund Total Pald - s356.4s - Owner Name and Address JONES ZINA Y 8602 WOODCAMP DR HOUSTON, TX 77088-8020 Entity - Year' Rate Taxable Value_ Stmt # 'gold Original lax Discnts P&I Att Fees" Overage A_mo_unt Pd Z REFUND ENTITY 2022 0.00000 0 145248 N 12.87 0.00 0.00 0.00 0.00 12.87 EMa SVCS DIST#2 2022 0.02239 21,591 68126 N 4.84 0.00 0.00 0.00 0.00 4.84 BRAZOS COUNTY 2022 0.42941 21,691 68126 N 92.72 0.00 0.00 0.00 0.00 92.72 BRYAN ISD 2022 1.13980 21,691 68126 N 246.06 0.00 0.00 0.00 0.00 246.06 366.49 Balance Due Ar. Of 01/3112023: -12.87 Tender Details . Description Amount Check 512 356.49 356.49 Vol.. 9 Pg. Operator Batch tmoore 44747 P=912023T IVY Page:1 Recelpt Issued In Accordance with Section 31.075 of the Texas Property Tax Code 9 Total Pall 356,19 i hclA�'xo9ot Ne APPLICATION FOR TAX REFUND Collecting Office IVanie Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 UVIVEl3'S NAME AND ADDRESS BCS MISSION RANCH LP 9955 BARKER CYPRESS RD STE 250 CYPRESS TX 77433 5307 . PROPERTY DESCRIPTION Collecting lax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Legal: A011901,1 ERWIN (ICL), TRACT 2.4, 31.68 ACRES, & A000701 C BURNETT Address: 1828 ABBATE (PVT) RD Account # 15087 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2021 . Taxpayer's reason for refund: OP -Overpayment REFUND TO: ROCIO CABALLERO % BCS MISSION RANCH 9955 BARKER CYPRESS RD STE 250 CYPRESS TX 77433-5307 Payment Date Amount Paid Refund Amount Requested ,03/02/2023 $217.25 $42.99 Sign below and return form to the Brazos County Tax office. "I hereb for the refund of the above -described taxes and certify that the information on this form is true and correct." sIfiui c 3' 2U 123 a�c�t� � Gtbl,e�caldw�llcas. Phone li Email Address it 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. IPA KCFUIut) DETERMINATION he tax r nd is j Approved ( isapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11Tax Code Authorized Officer Signature Date E 394 pg. 6 9 KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: CABALLERO ROCIO Property ID Geo Legal Acres 15087 011901-0002-0040 31.6800 Legal Description A011901, J EMAfIN MI.), YRACT 2.4, 31.6B ACRES, & A000701 C BURNE T T Situs DBAName 1828 ABBATE (PVT) RD , MISSIOd RANCH WELCOME CENTER Receipt Number 3246661 Date Posted 03102MO23 Payment Type P Payment Code OveriRefund Total Pald SM7.25 Owner Name and Address BCS MISSION RANCH LP % CALDWELL FRED 9955 BARKER CYPRESS RD STE 250 CYPRESS, TX 77433-5307 Entity Year Rate Taxable Value Stmt # Void Original Tax Discnts Z REFUND ENTITY 2021 0.00000 0 146077 N 42.99 0.00 BRAZOS COUNTY -2021 0.49350 240,844 146302 N 38.34 0.00 CITY OF COLL .' ' STAT. 2021 0.53462 240,044 146302 N 41.53 0.00 COLLEGE STATION ISD 2021 1.21520 240.844 146302 N 94.39 0.00 Tender ..Details Check ECK P&1 Att Fees Overage Amount Pd 0.00 0.00 0.00 42.99 0.00 0.00 0.00 38.34 0.00 0.00 0.00 41.53 0.00 0.00 0.00 94.39 217.25 Balance Due As Of 0310212023: -42.99 Description Amount 217.25 217.25 Vol. Pg- Operator Batch Total Paid tmoore 45144 (PMT Internet EC 03032023) 217.25 Page, i Recelpt Issued In Accordance with Section 31.075 of the Texas PropertyTax Code BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS) FOR THE 2022-2023 BUDGET YEAR NO.22/23 26.01— 26.03 On this the 41h day of April 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 1 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 46, day of April 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 4th day of April 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget E . 394 Pg-_= BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 26.01 4/4/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Commissioner's Court - Contingency Departmental Support Expenditure 800.00 General Fund Fleet Shop - Heavy Equipment Non Capital Professional Services Expenditure 800.00 General Fund Contingency and Fleet Shop - Heavy Equi inent Hon Capital To reallocate funds to cover the structural engineering at the Heavy Fleet Shop. Project was not com letcd in FY 2 2. 3/301202Q County Judge API rovaf 11,, .;IRE Date= c FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 11001500 61130000 (800.00) Contingency 01000 56002006 72030000 800.00 Architectural Services BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 26.02 4/4/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Certificates of Obligation 2020 JP & Constable Pct #1 Building Capital Outlay Expenditure I,500.00 Certificates of Obligation 2020 JP & Constable Pet #1 Building Departmental Support Expenditure 1,500.00 Certifications of Obligation 2020 To reallocate funds to purcbase refrigerators for the new Justice of the Peace and Constable, Pct. #1 Building. - �� FUND DIV ACCT Change in Budget ACCOUNT NAME 43200 63432300 80100000 (1,500.00) Building 43200 63432300 60500000 1,500.00 Equipment & rr Enhancement Vol. 3 9 4 pg. 73, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 26.03 414/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Facilities Services - Non Capital Repair and Maintenance Expenditure 34,600.00 General Fund Facilities Services - Non Capital Professional Services Expenditure 34,600.00 Facilities Services To reallocate funds for engineering(architectural services regarding the paying and drainage improvements at the Tax ffice and Agn ife Puilding NN 0I2623 5. M �w County Jud a approval Dates Fora cle Ent.O -..,.._ » -ell Si' Y.F FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 17000006 65400000 (34,600.00) Grounds Maintenance 01000 17000006 72030000 34,600.00 Architectural Services Vol. � 9 pg. "� 4 Personnel Change of Status Commissioners' Court Date: Department Submitting Information Purpose of Submissions: ( Mar 30, 2023 ) 04042023 Human Resources Consider and Take Action on Change Employment q byk` Qe rft1180CNa 2 K "s��r h> +� a SAE G Name "� ' <3'"sd?�x zl';�'. 'ti ✓'w �: Al County Attorney - Administration Guma De La Vega, Giancarlo Mw Ti7-• Y '• �w 3s a Separations Li Department Nai etr f Emjko IN i <i Juvenile Services - Detention Greathouse, Semequla* Sheriff Office - Jail Administration Moore, Wayne District Clerk - Administration 'Thomas, Kelly Ok Approved in Commissioners' Court: 04-04-2023. County Judge's or Commissioner's Signature: L::�:: (This Copy to be attached to minutes) Vol. 394 4 Pg. 75 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 04-04-2023 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 District Clerk Exposition Center Road & Bridge Sheriffs Office — Admin Grimes, Cereena Hartfield, Jacob Kelley Jr, Bobby Perez, Roberto Ramirez, Ronald Bachmeyer, Brian Price -Holmes, Dallas Vaughn, Christopher Wilhelm, Ashley Sheriffs Office — CSISD School Security Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Change of Status Arredondo, Guadalupe Change of Status Approved in Commissioners' Court: 04-04-2023:- County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Ivol. _ 394 P9• 7 f