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2023/05/09 REGULAR SESSION 10:00 AM
T i 3 P (: 1:3 BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 9, 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 FACE BOOK.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 • Introduction and recognition by Robert "Skip" Richter of Chadd Caperton, who is acquiring duties of County Administrator for the Brazos CountyAg. Extension Office. Consider and take action on agenda items: 4 - 30 4. Proclamation 23-020 declaring May 7-13, 2023 as National Correctional Officers and Employees Week. 5. Proclamation 23-021 declaring May 6-12, 2023 as National Nurses Recognition Week. 6. Proclamation 23-022 declaring the week of May 7-13, 2023 as National Law Enforcement Officers Week and May 15, 2023 as Peace Officers Memorial Day. 7. Proclamation 23-023 declaring May 12, 2023 as Provider Appreciation Day. 8. Approval requested from the Sheriff's Office for acceptance of 7 ballistic windshields plus installation donated by Operation Safe Shield in the amount of $52,500. 9. Approval of correction to Amended Order 09-003 Regulating Non -Consent Tows in the Unincorporated Areas of Brazos County. Vol. pg 10. Approval of Order 23-003 Regulating the Use of County Road Rights -of -Way for Special Events and Special Event Permit Application. 11. Consideration and approval of an Order authorizing the issuance of "Brazos County, Texas Certificates of Obligation, Series 2023"; authorizing a Paying Agent/Registrar Agreement; and approving other matters relating thereto. , 12. Consideration and approval of an Order authorizing the issuance of "Brazos County, Texas General Obligation Bonds, Series 2023"; authorizing a Paying Agent/Registrar Agreement; and approving other matters relating thereto. 13. Approval of Amendment #3 to 22-117R Mowing of County Rights of Way for Brazos County to extend increased pricing due to fuel pricing for the remainder of the contract ending June 30, 2023. 14. Approval of C I P #23-588 for Proposal of Design of Multi -Departmental Receiving Warehouse with Burditt Consultants, LLC. 15. Approval of Cl P 23-590 for the Replacement of Pneumatic Tube System at the Brazos County Tax Office with Quick Tube Systems, Inc. 16. Approval of C I P #23-598 Proposal of Construction Administration for Macey Road Phase 1 with GLS in the amount of $36,600.00. 17. Approval of Renewal Contract #24-007R for Grant Writing with The Grant Lab, LLC. 18. Approval of Renewal Contract #24-008R for Pest Control Services with Allstar Pest Control Services. 19. Approval of the corrected Final Plat of Southern Pointe Subdivision Section 400, 15.51 Acres; Sterrett D. Smith League Survey, A-210; City of College ETJ, Brazos County, Texas. Resubmittal corrects erroneous information on the plat approved in Commissioners CourtApril 25, 2023. Site is located in Precinct 1. 20. Approval requested for acceptance of the roads and roadway drainage structures in Winding Creek Estates Phase 2 which are in compliance with the Brazos County Subdivision Regulations and will be included in the Brazos County road maintenance system. Site is located in Precinct 1. 21. Approval requested for acceptance of the roads and roadway drainage structures in Winding Creek Estates Phase 3 which are in compliance with the Brazos County Subdivision Regulations and will be included in the Brazos County road maintenance system. Site is located in Precinct 1. 22. Approval of the Final Plat of the Town of Millican, Block 115, Lots 5R and 1 OR, 0.8608 Acre; Elliot M. Millican Survey, A-40; Millican, Brazos County, Texas. Site is located in Precinct 1. 23.' Consider and take action on the Wellborn SUD utility permit to construct an 80' bore for a 1" water line under Koppe Bridge Road located 3,855' east of Hopes Creek Road. Site is located in Precinct 1. 24. Request permission to enter private property owned byAlijoy Management, LLC on Old Jones Road in order to clear underbrush from property comer for better site distance. Site is located in Precinct 4. 25. Approval of the corrected Treasurer Report for February 2023. Totals of accounts in the pool were correct. Totals that included the General Obligation Debt & LPPF funds were incorrect. 26. Approval of the Treasurer Report for March 2023 and the Quarter Ending March 30, E P 2 0 2023. 27. Tax Refund Applications for the following: Overpayments • a. Amanda Valenta - $48.27 • b. Vanderbilt Mortgage - $78.07 28. Budget Amendments. • FY 22/23 Budget Amendments 31.01 - 31.03 29. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 30. Payment of Claims. 31. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of May 3, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of May 3, 2023. 32. Juvenile director's report on detention population. 33. Sheriff's report on inmate population. 34. Announcement of interest items and possible future agenda topics. 35. Call for Citizen input and/or concerns 36. Adjourn. Vol. 7 _ pg 121 A 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, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COWBRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. MINUTES MAY 9, 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, May 9, 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, Absent; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Berry Judge Peters led the Invocation and Pledge of Allegiance in Commissioner Beny's absence. 2. Call for Citizen input and/or concerns There was no Citizen input. 3. Presentations and/or Discussions Introduction and.recognition by Robert "Skip" Richter of Chadd Caperton, who is acquiring duties of County Administrator for the Brazos CountyAg. Extension Vol, 39 Pg. 13 Office. Skip Richter introduced Chad Capperton as the new County Administrator for the Agriculture Extension Office. Mr. Richter stated that he knows those duties are in good hands. Mr. Capperton then shared with the Court that he is looking forward to working with everyone. Judge Peters commented that he has heard good things about Mr. Capperton and asked whether Mr. Richter would maintain his horticultural duties, to which, Mr. Richter responded that he would. Consider and take action on agenda items: 4 - 30 4. Proclamation 23-020 declaring May 7-13, 2023 as National Correctional Officers and Employees Week. The County Judge read aloud Proclamation 23-020 declaring May 7-13 as National Correctional Officers and Employees Week. Commissioner Aldrich requested that the Correctional Officers in attendance convey the Court's appreciation to their colleagues that were unable to attend. Commissioner Watson added that she is thankful for all that they do. A copy of the Proclamation is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 5. Proclamation 23-021 declaring May 6-12, 2023 as National Nurses Recognition Week. The County Judge read aloud Proclamation 23-021 declaring May 6-12, 2023 as National Nurses Recognition Week. A copy of the Proclamation is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich.. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 6. Proclamation 23-022 declaring the week of May 7-13, 2023 as National Law Enforcement Officers Week and May 15, 2023 as Peace Officers Memorial Day. The County Judge read aloud Proclamation 23-022 declaring the week of May 7-13, 2023 as National Law Enforcement Officers Week and May 15, 2023 as Peace Officers Memorial Day. Sheriff Dicky thanked the Court for taking the time to recognize Correctional Officers, Correctional Nurses and Law Enforcement Officers. He stated that Correctional Officers came to work while everyone else was able to stay home during the pandemic, Nurses are required to work under difficult conditions and expected to do their job perfectly and he noted the challenges and criticism that Law Enforcement Officers face daily as they put their Fives on the line for the public's safety. Sheriff Dicky thanked the Court again and all Correctional Officers, Nurses and Law Enforcement Officers in attendance. A copy of the Proclamation is attached. Motion: Approve,. Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. , . 7. Proclamation 23-023 declaring May 12, 2023 as Provider Appreciation Day. Vol. � - c _ Pg. 1 2 r� - The County Judge read aloud Proclamation 23-023 declaring May 12, 2023 as Provider Appreciation Day. The Court thanked childcare providers for the job that they do. A copy of the Proclamation is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry, 8. Approval requested from the Sheriff's Office for acceptance of 7 ballistic windshields plus installation donated by Operation Safe Shield in the amount of $52,500. Commissioner Konderla thanked Dr. Clifford Dom for Operation Safe Shield. He further explained the purpose of the program and the significance of the donation. A copy of the donation form is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 9. Approval of correction to Amended Order 09-003 Regulating Non -Consent Tows in the Unincorporated Areas of Brazos County. A copy of the corrected Order is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 10. Approval of Order 23-003 Regulating the Use of County Road Rights -of -Way for Special Events and Special Event Permit Application. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 11. Consideration and approval of an Order authorizing the issuance of "Brazos County, Texas Certificates of Obligation, Series 2023"; authorizing a Paying Agent/Registrar Agreement; and approving other matters relating thereto. At this point, the County Judge announced the Court would skip items 11-12 and return at a later time during the meeting for consideration. After item number 30, the County Judge returned to consider 11 and 12.' Managing Director Dennis Waley with PFM Financial Advisors, LLC provided the Court with an update on the bond status. Mr. Waley stated that the County has received an upgrade in bond ratings and further explained the scoring criteria. He went on to discuss the County's success in selling bonds. Judge Peters commented that he is happy to hear the results and that the County is in good financial standing. Commissioner Aldrich also commented on the County's debt service projections and the prudent use of County Vol. 397 Pg. � finances. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 12. Consideration and approval of an Order authorizing the issuance of "Brazos County, Texas General Obligation Bonds, Series 2023"; authorizing a Paying Agent/Registrar Agreement; and approving other matters relating thereto. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 13. Approval of Amendment #3 to 22-117R Mowing of County Rights of Way for Brazos County to extend increased pricing due to fuel pricing for the remainder of the contract ending June 30, 2023. Commissioner Aldrich conveyed the concerns of citizens regarding the use of defoliants in the County. Judge Peters shared his understanding that defoliants are only used on the edge of the pavement and not sprayed in the ditches. -Purchasing Agent Charles Wendt advised that this contract is specific to mowing of County rights -of -way and added that Road and Bridge could better discuss the use of defoliants. A copy of the bid tabulation and amended contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 14. Approval of CIP #23-588 for Proposal of Design of Multi -Departmental Receiving Warehouse with Burditt Consultants, LLC. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 15. Approval of Cl P 23-590 for the Replacement of Pneumatic Tube System at the Brazos County Tax Office with Quick Tube Systems, I nc. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 16. Approval of CIP #23-598 Proposal of Construction Administration for Macey Road Phase 1 with GLS in the amount of $36,600.00. Vol. 397 Pg. 126 A copy is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 17. Approval of Renewal Contract #24-007R for Grant Writing with The -Grant Lab, LLC. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 18. ' Approval of Renewal Contract #24-008R for Pest Control Services with Allstar Pest Control Services. A copy of the renewal of contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner. Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 19. Approval of the corrected Final Plat of Southern Pointe Subdivision Section 400, 15.51 Acres; Sterrett D. Smith League Survey, A-210; City of College ETJ, Brazos County, Texas. Resubmittal corrects erroneous information on the plat approved in Commissioners Court April 25, 2023. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 20. Approval requested for acceptance of the roads and roadway drainage structures in Winding Creek Estates Phase 2 which are in compliance with the Brazos County Subdivision Regulations and will be included in the Brazos County road maintenance system. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 21. Approval requested for acceptance of the roads and roadway drainage structures in Winding Creek Estates Phase 3 which are in compliance with the Brazos County Subdivision Regulations and will be included in the Brazos County road maintenance system. Site is located in Precinct 1. Vol. 397 Pg. 127 Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 22. Approval of the Final Plat of the Town of Millican, Block 115, Lots 5R and 10R, 0.8608 Acre; Elliot M. Millican Survey, A-40; Millican, Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 23. Consider and take action on the Wellborn SUD utility permit to construct an 80' bore for a 1" water line under Koppe-BridgeRoad located 3,855' east -of Hopes Creek Road. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 24. Request permission to enter private property owned byAlijoy Management, LLC on Old Jones Road in order to clear underbrush from property comer for better site distance. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Chuck Konderla. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 25. Approval of the corrected Treasurer Report for February 2023. Totals of accounts in the pool were correct. Totals that included the General Obligation Debt & LPPF funds were incorrect. The Court voted unanimously to receive, approve and order filed as submitted the corrected Treasurer's report for February 2023. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 26. Approval of the Treasurer Report for March 2023 and the Quarter Ending March 30, 2023. Judge Peters noted the quarter ending date should be March 31, 2023. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for March 2023. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. L 3 97'__..vPg.�� Absent: Berry. 27. Tax Refund Applications for the following: Overpayments • a. Amanda Valenta - $48.27 • b. Vanderbilt Mortgage - $78.07 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 28. Budget Amendments. • FY22/23 Budget Amendments 31.01 - 31.03 31.01 Reallocate funds for Facility Services. 31.02 Transfer Contingency funds to Court Support. 31.03 Reallocate funds for Hotel Occupancy Tax. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 29. 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 Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: ,Bevy. 30. Payment of Claims. Claims 8122037 - 8122168 9007454 - 9007519 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Konderla, Peters, Watson. Absent: Berry. 397 �29 Vol. Pg- 31. Acknowledgement of FY2022-2023 Budget to Actuals by Fund as of May 3, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of May 3, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of May 3, 2023. 32. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 45 juveniles in the detention center, 35 are male and 10 are female, and 28 have electronic monitors. Ms. Ricketson then took a moment to express her appreciation for the tough job that Juvenile Correctional staff members have. She also thanked the Nurses and Law Enforcement Officers that work hard to better the youth that have made poor choices. 33. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 702 inmates in jail, 591 inmates are male, 111 are female and 56 have electronic monitors. 34. Announcement of interest items and possible future agenda topics. Commissioner Konderla echoed previous comments regarding his appreciation for Correctional Officers, Nurses and Law Enforcement Officers. He then expressed his condolences to the family of Betty Lampo. He stated that Mrs. Lampo was wonderful, kind and a great example to so many. 35. Call for Citizen input and/or concerns Ann Boney thanked Law Enforcement Officers for all that they do. She then invited the Court to attend the Missionary Baptist Church Convention hosted by Greater Tabernacle Baptist Church on May 16th-18th. 36. Adjourn. Vol. Fg. 130 The foregoing minutes of the Commissioners Court Meeting held May 9, 2023, have been examined and are approved in open Court this 6th Texas. Duane Peters County Judge Chuck Konderla Commissioner, Precinct 2 Wanda J. Watso Commissioner, ecinct 4 Attest: Kare cQueen Co ty Cler day of June 2023, in Bryan, Brazos County, Steve Aldrich Commissioner, Precinct 1 7���cscr- Nancy Berry Commissioner, Precinct 3 Pg/of BRAZOS COUNTY COMMISSIONER' S COURT 01 � DAY OF p�1 , 202-5 I u o (» M, .oa u la.�r Name (PLEASE PRINT) r—, c'rVI C P -Zr %A-ew-5 -&t"1AZ9L^ E ,Organization (PLEASE PRINT) C�OM�Y1i SSt w urs bC-5C> 46-1;kC3 V007 Vol. �12 9 7 Pg. 3 Pg llf!o of 5, BRAZOS COUNTY COMMISSIONER' S COURT DAY OF lblfj �h -/,?(] Name (PLEASE PRINT) c �0( e%wt4,0 92 " , C7I N� 1 %Gr 20 rz M� Organization (PLEASE PRINT) r r�ewrl bA Clrf� � �"G�l � �k.('r�; �i►� � S co 3[Acl ac s CO. voi. 397 pg. 133 Pg -�3! of — BRAZOS COUNTY COMMISSIONER'S COURT q-* DAY O Ifs (PLE SPRINT) SOW 0, e 1 iA v,\ �3(4 Vm, CAL"—LL W+ �-WA-e Skf\p;,�� �7 .20 Organization (PLEASE PRINT) l 1- 1 p c PC) G a�' )-so ,�YJC. Pg gof_j BR.AZOS COUNTY COMMISSIONER' S COURT DAY OF ivl , 20";2-3 10, vv (AM/PM5 Name Organization (PLEASE PRINT) (PLEASE PRINT) fs h Arco A A /I A 0Y)n e44, I'jL E 3 `- pg. - Pg of d, - - BR.AZOS COUNTY COMMISSIONER'S COURT n u1 Name Organization (PLEASE PRINT) T2( !lol. 3 9 ! Pg. t PROCLAMATION National Correctional Officers and Employees Week WHEREAS, National Correctional Officers and Employees Week was first proclaimed on May 5, 1984, by President Ronald Reagan when he signed Proclamation 5187 creating "National Correctional Officers Week," to recognize the men and women who work in jails, prisons, and community corrections across the country; and WHEREAS, National Correctional Officers and Employees Week became the official name the first week in May when, in 1986, the U.S. Senate officially changed the name from "National Correctional Officers Week"; and WHEREAS, National Correctional Officers and Employees Week has been designated as the week of May 07, 2023, through May 13, 2023, by the U.S. Department of Justice and the Federal Bureau of Prisons; and WHEREAS, National Correctional Officers and Employee Week honors the work of Correctional Officers and Correctional Personnel for their service with honor, respect, and integrity; and raises the awareness of the duties, hazards, and sacrifices made by the Correctional employees; and WHEREAS, National Correctional Officers and Employees week in Brazos County recognizes Correctional officers and employees for their role in safeguarding the citizens of Brazos County by providing safe, secure, and humane incarceration of offenders within their custody. NOW THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County, does hereby proclaim the week of May 07, 2023 through May 13, 2023 as "National Correctional Officers and Employees Week." All citizens are encouraged to pay tribute to all the many Correctional Employees working in Brazos County for the vital public service they provide. PROCLAIMED this day of l 1 y '7023. r. CommisAjo� ioner Steve Aldrich, Pet. I n -/- Commissioner Nancy Berry, Pet. 3 Duane Peters, County Judge I - mmissione derla, Pct. 2 Commissions anda J. Watson, Pct. 4 VOL 3 9 7 Pg. 13"7 } :'4. R -NALD- REAGAN . . XL President ofthe United Sues: 1981-1989 Proclamation 5187—National Correctional Officers Week, 1984 May 5, 1984 By the President of the United States of America A Proclamation Correctional officers have the difficult and often dangerous assignment of ensuring the custody, safety and well-being of the over 600,000 inmates in our Nation's prisons and jails. Their position is essential to the day-to-day operations of these institutions; without them it would be impossible to achieve the foremost institutional goals of security and control. Historically, correctional officers have been viewed as "guards," occupying isolated and misunderstood positions in prisons and jails. In recent years, the duties of these officers have become increasingly complex and demanding. They are called upon to fill, simultaneously, custodial, supervisory and counseling roles. The professionalism, dedication and courage exhibited by these officers throughout the performance of these demanding and often conflicting roles deserve our utmost respect. The important work of correctional Officers often does not receive the recognition from the public it deserves. It is appropriate that we honor the many contributions and accomplishments of these men and women who are a vital component of the field of corrections. In recognition of the contributions of correctional officers to our Nation, the Congress, by Senate Joint Resolution 132, has designated the week beginning May 6, 1984, as "National Correctional Officers Week," and authorized and requested the President to issue an appropriate proclamation. Now, Therefore, I, Ronald Reagan, President of the United States of America, do hereby proclaim the week beginning May 6, 1984, as National Correctional Officers Week. I call upon officials of State and local governments and the people of the United States to observe this week with appropriate ceremonies and activities. In Witness Whereof, I have hereunto set my hand this fifth day of May, in the year of our Lord nineteen hundred and eighty-four, and of the Independence of. the United States of America the two hundred and eighth. (Ztw+.e aonllo� RONALD REAGAN Vol. `3 q l Pg. �i � Ry0 P S P=. a rk 64.0Q- PROCLAMATION National Nurses Week May 6 --12, 2023 WHEREAS National Nurses Day is a day we celebrate nurses and raise awareness of the importance in their Contributions to society. This day, May 6th is part of National Nurses Week — a week that ends on May 12th and marks the birthday of Florence Nightingale; and WHEREAS President Ronald Reagan signed Proclamation 4913 on March 25, 1982 a proclaiming "National Recognition Day for Nurses" to be May 6; and WHEREAS Nursing has a variety of different level of skills as well as areas in which they contribute with each playing an important role which facilities to maintain doctor -patient care; and WHEREAS Nurses are one of the most integral parts of a medical team, fiilfilling a crucial role in providing patients and their families the highest level of care, as well as a key means of emotional support, significantly contributing to improved patient and family outcomes; and WHEREAS Brazos County wants to recognize all Nurses in the Community as well as in Corrections for their acts of heroism, compassion, dedication to duty and commitment to our community, NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim May 6, 2023 j through May 12, 2023 as National Nursing Recognition Week in Brazos County to increase the public's awareness of the importance the role Nurses play to improve and promote health and wellness to their patients. PROCLAIMED this day of 1 144 3. Duane Peters County Judge Commissioner rteve Aldrich Precinct 1 Aberl+ Commissioner Nancy -Berry Precinct 3 Commissioner Chuck Konderla . P inc Comnussio r anda J. Watson ` Ueinct 4 Vol. pg, _ r R_NAL.D .R.E.AGAN-,_... - XL President of the United States. 1981-1989 Proclamation 4913—National Recognition Day for Nurses, 1982 March 24, 1982 By the President of the United States of America A Proclamation Scientific advancements in recent years have dramatically expanded the role of nurses in our health care system, and their knowledge and skills have increased to keep pace with new technologies and methods of treatments. Yet, the very core of nursing —caring for patients at the bedside —remains unchanged. Nurses bring a special compassion and concern for the patient and for the patient's family.. Nurses play a vital role in educating people in how to avoid illness and promote good health. Nurses are essential to every health care setting —in hospitals, nursing homes, ambulatory care centers, and patients' homes. Cardiac, post -surgical, trauma, and burn units require intensive nursing,care around the clock. Community health nurses enable the elderly to receive needed care in their own homes. Nurses trained in maternal and child health provide much of the care in urban and rural clinics. Nurses with specialized training treat cancer patients, stroke victims, and psychiatric patients. Nurse researchers are developing new and better ways to improve nursing practice, reduce patient stress, and help patients and their families cope with illness. The nurses of this country deserve our gratitude for their personal and professional contributions to the improved health of American citizens. The Congress has, by House Joint Resolution 263, Public Law 97-57, demonstrated its commitment by requesting me to designate May 6, 1982, as National Recognition Day for Nurses. Now, Therefore, 1, Ronald Reagan, President of the United States of America, do hereby proclaim May 6, 1982, as National Recognition Day for Nurses. In Witness Whereof I have hereunto set my hand this 24th day of March, in the year of our Lord nineteen hundred and eighty two, and of the Independence of the United States of America the two hundred and sixth. (ZOV� RONALD REAGAN Vol. 397 pg. 140 PROCLAMATION Law Enforcement Officers Week And Peace Officers Memorial Day WHEREAS, Congress and the President of the United States have designated a National Peace Officers Memorial Day during Law Enforcement Officers Week; and WHEREAS, the members of Law Enforcement agencies of Brazos County play an essential role in safeguarding the rights and freedom of the citizens of the county; and WHEREAS, members of Law Enforcement recognize their duty to serve the people of Brazos County by safeguarding life and property, by protecting them against violence and disorder and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, during Law Enforcement Officers Week, and throughout the year, the County of Brazos recognizes and appreciates the critical contributions and sacrifices made by members of Law Enforcement at all levels and honors their courage and dedication. NOW THEREFORE, BE IT RESOLVED that the Commissioners Court of Brazos County, does hereby proclaim May 7-13, 2023 as "Law Enforcement Officers Week" and May 15, 2023 as "Peace Officers Memorial Day". All citizens are encouraged to pay tribute to all the many Law Enforcement Employees working in Brazos County for the vital public service they provide. PROCLAIMED this d o Li , 20` . Duane Peters, County Judge Commissioner Steve Aldrich, Pct.1 llbsedT Commissioner Nancy Berry, Pct. 3 J. Watson, Pct. 4 Vol. 3 9 7 pg. 1 41 ,esident of the United States: ig6i - I963 Week and Peace Officers Memorial Day,196a April io, 196a By the President of the United States ofAmerica s A Proclamation Whereas our law enforcement agencies play an essential role in safeguarding the rights and freedoms which have been guaranteed by the Constitution to every American citizen; and Whereas it is important that people throughout our country know and understand the problems, duties, and responsibilities of their police departments and that members of our law enforcement agencies recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder, and by protecting the innocent against deception and the weak against oppression or intimidation; and Whereas the Nation's police departments have grown to be modern and scientific law enforcement bodies which unceasingly provide a vital public service; and Whereas the Congress, by a joint resolution approved June 21, 1961 (i5 Stat. 94), has designated the week of May i3-i9,1962, as Police Week in recognition of the contribution the police officers of America have made to our civilization through their dedicated and selfless efforts in enforcing our laws, and has also designated May i4th as Peace Officers Memorial Day in honor of the Federal, State, and municipal peace officers who have been killed or disabled in'line of duty; and Whereas that resolution requests the President to issue a proclamation inviting the people of the United States to observe such period with appropriate ceremonies and -activities: I } Now, Therefore, I, John F. Kennedy, President of the United States of America, do hereby call upon the people of the United States, and upon all patriotic, civic, and educational organizations to observe the week of May i3-i9j962, as Police Week with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated. service to their communities and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. I further call upon the people of the United States to observe Monday, May 14,196i, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. In Witness Whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City -of Washington this tenth day of April in the year of our Lord nineteen hundred and sixty-two, and of the Independence of the United States of America, the one hundred and eighty-sixth. r1tv. JOHN F. KENNEDY By the President: DEAN RUSK, Secretary of State WHEREAS, Child Care AWareV of America and other organizations nationwide are recognizing Child Care Providers on this day; and WHEREAS, child care provides a safe, nurturing Place for the enrichment and development of millions of children nationwide, and is a vital force in our economy; and WHEREAS, the pandemic illuminated how indispensable child care providers are for the well-being and economic security of Texas young children, families, and communities. WHEREAS, child care programs, which are mostly small businesses, run and staffed predominantly by women, are still recovering from health and financial hardships stemming from the pandemic while they have continued to meet the needs of families; and WHEREAS, Brazos County recognizes child care has been a lifeline for families, communities, and the economy, and will continue to provide resources enhancing education, healthy lifestyles, and nutritional diet, and will also continue to receive guidance from the Brazos County Health District pertaining to disease or illness outbreaks; and WHEREAS, our future depends on the quality of the early childhood experiences provided to young children today; support for high -quality child care represents a worthy commitment to our children's future. Now, therefore, I, Duane Peters, Brazos County Judge, hereby proclaim May 12, 2023, as Provider Appreciation Day in Brazos County and urge all citizens to recognize Child Care Providers for their important work. Proclaimed this / day of Duane Peters, County Judge Steve Aldrich Commissioner, Precinct 1 Axsefl& Nancy Berry Commissioner, Precinct 3 Chuck Konc&ferla Commiss ct 2 -_ Oer�,Precinct Wan Commiss 4 Vol. a� " Pg. � .<.. BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY * IDONATION OF COUNTY PROPERTY Date: 05/02/2023 Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE,ASSESSED) Item Description: (7) Ballistic Winshields f Install Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Model: Year SN/ViN 0: Functional Non -Functional. Explain if Non -Functional Additional Description/information: (77) Ballistic Windshields for 2023 Tahoes, cost per windshield is $7500 which includes installation. Property donated b. Operation Safe:Shield_____ Estimated Value: $ 52,500.00 Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: 61235000 (Donation - Other)* 11 60010000 (Minor Property - S t - $4999) 80010000 (Capital Property - Over S5000) Check the appropriate entity property being donated to: Government Entity: Organization Namc Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name *Donation — Other account 61235000 is to be used ONLYfor cashleheck Jun its donated to Brazos County. I certify that the above -mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to_ accept o; reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating maintenance, and insurance costs. ' /, Requesting department: Brazos County Sheriff Office Department Name Authorized Signature Organization Receiving Donated Property: Authorized Signature , - Approvedhlt Commission rt on th-M day of ®y t QR3-�- Approval Vol-3-9 7 pg. 1 - AIVIENDED ORDER REGULATING FEES FOR NON -CONSENT TOWS IN THE UNINCORPORATED AREA OF BRAZOS COUNTY WHEREAS, Brazos County has authority under Texas Occupations Code Sec. 2303.202 to regulate the fee to be charged for non -consent tows, including tows initiated by a law enforcement officer and non -consent tows from private property; and WHEREAS, Texas Occupations Code Sec. 2308.203 requires local political subdivisions who exercise their authority in regulating all non -consent tows, to establish procedures by which a towing company may request that a towing fee study be performed and to establish or amend the allowable fees for non -consent tows at amounts that represent the fair value of the services of a towing company, and are reasonably related to any financial or accounting information provided to the governing body; and WHEREAS, on February 24, 2009 the Commissioners Court of Brazos County, Texas adopted Order 09-003 Regulating Fee for Non -consent Tows in the Unincorporated Area of Brazos County and Establishing Procedures for Request of Tow Study in Regard to Such Fees; and WHEREAS, on May 5, 2022 the Commissioners Court met in a workshop session to reevaluate Order 09-003, at which, the Court recognized a need to revise the procedures of the Towing Fee Study and update various provisions; and WHEREAS, the Commissioners Court now wishes to amend Order 09-003 to establish new procedures for the Tow Fee Study and to update other provisions. NOW, THEREFORE, BE IT ORDERED by the Commissioners Court of Brazos County, Texas as follows: ARTICLE I Definitions 1. Consent Tow — means any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involved the vehicle in the unincorporated area of the County. Vol. Pg. 145 i 2. Evidentiary -Crime Scene — A crime scene in unincorporated Brazos County that requires a response of a law enforcement agency's specialized investigative unit(s). 3. Heavy -Duty Tow — The vehicle being towed by the tow truck is 25,000 pounds or more. 4. Heavy -Duty Tow Truck — A tow truck having a chassis rated at five (5) tons or greater by the vehicle manufacturer and a winch capable of lifting a minimum of thirty thousand (30,000) pounds, as rated by the winch manufacturer. Except where a distinction is specifically made, the term "Tow Truck", as used herein,. includes "Heavy -Duty Tow Truck". 5. Law Enforcement Officer— A Brazos County Sheriff, a Brazos County Constable, or their deputies, and any other Texas peace officer authorized to perform law enforcement duties in Brazos County, Texas (See TEX'. CODE OF GRIM. PROC. §2.12). 6. Law Enforcement Scene — The scene of a crime, accident, or custodial arrest, or the location of a vehicle; which is a traffic hazard, a recovered stolen vehicle; or an abandoned vehicle. 7. Light -Duty Tow - The vehicle being towed by the tow truck is 10,000 pounds or less. 8. Medium -Duty. Tow - The vehicle being towed by the tow truck is between 10,001 pounds and 24,999 pounds. 9. Motor Vehicle — A vehicle, as defined in TEX. TRANSP. CODE §501.002, or any -other device designed to be self-propelled or transported on any public highway, road, or street. 10. Non -Consent Tow — Any tow initiated by a Law Enforcement Officer and conducted at a Law Enforcement Scene or Evidentiary Crime Scene in unincorporated areas of Brazos County. 11. Operate - To drive or otherwise be in physical control of a Motor Vehicle. 12.Operator — Any person operating a Tow Truck, regardless of whether the person owns the vehicle. 13. Public Road — A public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way. 14. Tow — The recovery and movement of a Motor Vehicle using a Tow Truck. 15. Towing Company — An individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one -or more tow trucks over a public roadway in this state, but does not include a political subdivision of the state. 16. Tow Truck — A motor vehicle, including a wrecker, equipped with a mechanical device used to tow, recover, winch, or otherwise move another motor vehicle. 17. Vehicle Owner — A person: a. named as the purchaser or transferee of the certificate of title issued for the vehicle under Texas Transportation Code, Chapter 501; b. in whose name the vehicle is registered under Texas Transportation Code, Chapter 502, or a member of the person's immediate family; c. who holds the vehicle through lease agreement; d. who is an unrecorded lienholder entitled to possess the vehicle under ,the terms of a chattel mortgage; or e. who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle. Vol. 3 9 7 Pg. 14 6 1 S. Vehicle Storage Facility — A vehicle storage facility, as defined by Texas Occupations Code §2303.002, that is operated by a person who holds a license issued under Texas Occupations Code, Chapter 2303 to operate a facility. ARTICLE II Fees 1. All fees and maximum allowable charges relating to the Non -Consent Towing of a Motor Vehicle and the issuance of any permits and ID cards shall be determined by the Commissioners Court. The schedule of maximum allowable towing fees is included herein as Exhibit "A". These maximum allowable fees shall remain in effect from the effective date hereof until changed by Commissioners Court in the manner authorized by law for the taking of official action by a political subdivision. 2. Allowable charges set out herein are "maximum" allowable fees; Towing Companies may charge fees for Non -Consent Towing services at or below, maximum allowable amounts. 3. All maximum allowable fees set out by Commissioners Court in this Order have been determined to provide fair remuneration to owners and operators of Tow Trucks performing services related to Non -Consent Toying following study and research by the County and its assessment of current towing fees in Brazos County, analysis of citizens complaints, consideration of the urban/rural locality, consideration of the median income of the population in Brazos County, and research and comparison of fees regulated by other neighboring or representative jurisdictions. In addition, maximum allowable charges set out have been determined to compensate for all functions, duties and equipment necessary for the performance of Non -Consent Towing services. 4. It is a violation of this Order for any tow truck operator or tow truck company to charge any fee for Non -Consent Towing services not actually performed. 5. This Order does not regulate or set fees for salvage of cargo spilled from large rigs or trailers. Services for such salvage services may be negotiated by and between the tow truck operator recovering the cargo and the motor vehicle owner. 6. Fees for Non -Consent Towing services apply only to movement of a vehicle from a law enforcement scene to an eligible vehicle storage facility, or other location designated by the vehicle owner and agreed to by the tow truck operator. Once the vehicle is claimed by the vehicle owner, necessary towing from the vehicle storage facility to another location shall be performed through consent towing services; and, therefore, maximum towing fees set forth herein do not apply to movement.beyond the initial location. Moreover, a vehicle owner shall -not be charged for Non -Consent Towing of a vehicle transported from the initial vehicle storage facility to another, except where the movement is requested or approved by the vehicle owner. 7. No credit card convenience fees may be assessed in situations involving a Non -Consent Tow from a location directly to a vehicle storage facility. ARTICLE llI Application to Unincorporated Areas of Brazos County Vol. 39 7 Pg.- 14 a The fees for Non -Consent Tows set by this Order shall apply to tows initiated by law enforcement officers originating in the unincorporated areas of the County. ARTICLE IV Towing Fee Studies Towing rate studies are to be conducted no more than once every four (4) years in response to a 'request by the industry representatives of businesses that have performed non -consent tows within the unincorporated areas of Brazos County within the previous year. a. Requests must be made in writing and sent by certified or regular United States Postal Service mail, hand delivered or emailed to the Brazos County Judge's Office with attention to the General Counsel at 200 S. Texas Avenue, Ste. 329, Bryan, TX 77803. b. The written request must be co -signed by at least thirty percent (30%) or five (5), whichever is Greater, of the Towing Companies that are registered with the Brazos County Sheriff's Office (or with the entity or jurisdiction to which the Sheriff may delegate registration) for law enforcement tows. 2. The County reserves the authority to undertake a rate study at any time it deems necessary, without an industry request. 3. Brazos County Towing Fee Study shall be performed as follows: a. Brazos County shall send out survey forms and/or a letter requiring submission of Non -Consent Tow statements for the preceding twelve (12) months. Letter and forms shall be sent to each company registered with the Sheriff's Office (or with the entity or jurisdiction to which the Sheriff may delegate registration) by hand delivery, United States Postal Service mail or email. b. Towing companies must respond to the survey and/or letter within thirty (30) days to be included in the study. c. The County must timely receive a complete response from at least fifty percent (50%) of the total number of surveys sent out. Otherwise, the County, at its sole discretion, may decide not to undertake the study and/or update the tow fees and/or related fees. d. The County reserves the right to suspend a towing company from the list registered with the Sheriff's Office (or with the entity or jurisdiction to which the Sheriff may delegate registration), that fails to return the requested records and/or survey form, until the towing company delivers a full and complete response. e. The County shall not be required to consider a subsequent rate adjustment request made within one year from the date the County makes such decision to not undertake the rate study. 4. The County, at its sole discretion, may use collected data or adopted Non -Consent Tow fee schedules of other comparable jurisdictions in place of performing its own towing rate study. 5. At such times as the City of Bryan or the City of College Station modifies maximum tow fees applicable in its jurisdiction based upon tow studies or based on consumer price Vol. 397 pg. 148 indices, County will review, to the extent available, the information that either city used to make its determination along with such other relevant information. Information will be presented to Commissioners Court for a determination whether such information justifies a modification to the fees applicable to the unincorporated area of Brazos County. ARTICLE V No Pre-Emption of State or Federal Law It is not intended, and no provision of this order should be so construed, to contravene any applicable law or to pre-empt any federal statute. Notwithstanding the use of terminology that might be construed to include matters not within the legal scope of this Order, it is intended that such terms be construed as limited 'to such legal scope. To the extent that any part or provision in this Order might otherwise be construed as invalid, illegal, or unenforceable in any respect, it should be construed as being limited in its scope and application to only those circiunstances to which it can legally apply. To the extent that any provision or part of this Order is still found to be invalid, illegal or unenforceable in, any respect, it shall not affect any other provision.. ARTICLE VI Enforcement Operators, owners, and companies shall not charge any fees for law enforcement tows and storage of vehicles towed without consent and subject to this Order other than those fees provided under this Order. A person commits an offense if the person violates any provision ,of this Order. An offense under this Order is a misdemeanor punishable by a fine of not less than two hundred dollars ($200.00) and not more than one thousand dollars ($1,000.00) per violation. TEX. OCCUR CODE ANN. §2308.505. A law enforcement officer may issue a citation for any violation. �} _ ORDERED this ^ I da 202 Duane Peters, County Judge Steve Aldrich Chuck Konderla County Commissioner, Precinct 1 f my Commis a inct 2 Nancy Berry Wanda J. Watso County Commissioner, Precinct 3 County CommisU-oer, Precinct 4 M Vol. 3 9 Pg. EXHIBIT "A" BRAZOS COUNTY TOW FEE SCHEDULE The Tow Fee Schedule established will remain in effect until such time as another Tow Fee Study is completed by Brazos County, and it is determined by the Commissioners Court that an adjustment of the fees is justified. The maximum allowable fees for basic, medium and heavy- duty tows are listed below. BASIC TOW $272.00 MEDIUM DUTY TOW $380.00 $459 per unit; HEAVY DUTY TOW $978 max Vol. 9 7 p9. �� Whereas, Section 251.151, Transportation Code provides that the Commissioners Court of a county may regulate traffic on a county road or on real property owned by the county; that is under the jurisdiction of the Commissioners Court; and Whereas, Section 251.016, Transportation Code provides that the Commissioners Court.of a county may exercise general control over all roads, highways, and bridges in the county; and Whereas, Section 2,51.017, Transportation Code provides that the Commissioners Court of a county may set a reasonable fee- for the county issuance of a permit authorized by this chapter for which a fee is not specifically prescribed; and Whereas, Section 542.202, Transportation Code provides, in part, that this subtitle does not prevent a local authority, with respect to a highway under its jurisdiction and in the reasonable exercise of the police power from regulating or prohibiting a procession or assemblage on a highway. NOW, THEREFORE, BE IT ORDERED by the Commissioners Court of Brazos County, Texas as follows: 1. An unauthorized procession or assemblage is hereby prohibited on all county roads and county road rights -of -way in Brazos County, Texas. This prohibition shall not apply to a funeral procession under the direction of a licensed funeral director. 2. An unauthorized procession or assemblage consists of twenty-five or more motor vehicles; twenty-five or more horses, mules, or donkeys; twenty-five or more bicycles;�,twenty-five or more wagons, buggies, or trailers; or any combination of twenty—five or more of the above, operating on a county road or county road right-of-way without a permit. 3. A violation of this Order is a misdemeanor punishable by a fine not to exceed five -hundred dollars ($500.00). 4. A permit for a procession or assemblage may be considered by the Commissioners Court upon completion of the attached application and payment of a permit fee of two -hundred and fifty dollars ($250.00). Vol. 3 9 7 Pg. � 5 � ORDERED this day of 2023. Duane Peters, County Judge Steve Aldrich County Commissioner, Precinct 1 A5,017 � Nancy Berry County Commissioner, Precinct 3 A 'aVen McQueen, Coun y Clerk' 4% - _ Chuck Konderla Co my Commissioner, recinct 2 4a`n'da J. Wat o County Commissioner, Precinct 4 Vol, pg. 5 2 BRAZOS COUNTY ti SPECIAL EVENT PERMIT APPLICATION DATE: "If your event will have 25 or more entries (see definition on page 20) you must complete and submit a Special Event Permit application"* Organization Name: Kind of Event: Trail Ride: Bicycle Ride: Bicycle Race: Other: Address of organizer. City: State: . Zip: Representative/Promoter for organization: Name: Address: City: —State: Zip: Phone Number: Cell: Email: Individual(s) Name (partnerships must list all partners, additional pages shall be attached as needed to this page). 1 E . l Pg.® Contact Information 1. This shall be the person who is ON SCENE with the event and in charge. Contact Address: City: State: Phone Number. Email: Emergency Phone Number: 2. This shall be the BACKUP person ON SCENE with the event and second in charge. Contact Person: Address: City: State- Zip: Phone Number: Cell Email: Emergency Phone Number. .2 Vol. 397 pg. 15 4 11 Texas Mass Gatherings Act Texas Mass Gatherings Act: will this event require a Mass Gathering Permit as required by Texas Health and Safety. Cods, Title 9. Safety, Subtitle A. Public Safety, Chapter 751. Mass Gatherings? Yes **If a permit is required, contact the Brazos County Judge's office for a Mass Gathering Application which should be completed and attached.** HI Property Owners Information 1. Starting Point: Property Owner: Address: City: State: Phone Number. Cell: Tax Apprasial R Number. 2. Ending Point: Property Address: Zip: City: State: _Zip: Phone Number. Cell: 3 Vol. 3 Pg--— Tax Apprasial R Number: 3. GPS Coordinates of Starting/Ending Points: West Note: As the property owner, 1 agree that any and all Law Enforcement personnel may enter my property at any time to enforce any and all provisions of this permit or for any other lawful entrance. By: Title: Print Signature IY Time and ROute 1. The event will have a start date of: Month: Day: Year: Time: 2. The event will have an end date of. Month: Day: Year: Time: 3. The planned route will affect these Brazos County Roads, State of Texas Roads and US Highways at the approximate times stated below. It is noted that all entries must abide by all Local, State, and Federal laws (including traffic laws). Road Name Time ' 4 EVol. ---�� P9. *Applicant must attach (1) printed map that outlines the planned route and the traffic control plan consistent with Texas Manual on Uniform Traffic Control Devices. Vj Entrees 1. Estimated number of entries that will be involved must be listed below. if number of entries exceeds the estimate provided below, the event shall be terminated immediately. a. Number of riders: b. Number of animal drawn vehicles —must meet Texas Traffic Code to operate on a public roadway: c. Number of vehicles --trucks —trailers —cars —others (explain) —others (explain) --others (explain) —others (explain) 5 Vol. 3 9 7 Pg. f5 7 r NOTE: —No persons under the age of 18 years old may ride in the bed of a pickup truck or trailer. —No person may ride in/on a trailer on a public roadway unless participating in a paradelhayride, as provided by Texas Transportation Code. —ATV ie: 4 wheelers, side by sides, golf carts or any other type of off -road vehicles are not allowed on public roads unless they are in compliance with State Laws. 2. Number of ATV's (in compliance with state law): Participants/attendees 1. Estimated number of participants, attendees, vendors, and staff that will be involved: If number of participants/attendees, vendors, and staff exceeds the estimate provided above, the event shall be terminated immediately. 2. Please describe below how the number of participants/attendees, vendors, and staff will be controlled (as not to exceed the estimated number above). 6 Vol. Pg. VI1 Activity Agenda 1. A description of the planned activity is as follows: 2. Will this be a private or public event? Private Public 3. Will live band/bands be provided? Yes No If yes, attach the band names and contact information to this page. 4. Will a DJ1DJ's be provided? Yes -No - If yes, attach the DJ/DJ's names and contact information to this page. S. Mil.this event have any amplified sound? Yes No (a) If a Special Event permit is approved, the applicant must cooperate with the Brazos County Sheriffs Office and other County personnel to monitor noise levels. Unreasonable noise may result in a violation of §42.01, Penal Code, Disorderly Conduct. (b) Amplified sound in the, County Right -of -Way is prohibited after 10:OO P.M. (b) Start time for -music on each day of the event: (c) End time for music on each day of the event: Note: If more space is needed, attach to this page. 6. Is there to be a charge (admission, registration fee, meal fee, etc.) to participants or attendees? Yes No Vol. 09 ! pg. If yes, describe below: 6. Will there be publicity encouraging attendance or advertising for this event? YES NO a. If yes, attach one (1) copy of all the publicity ie; flyers,documents, posters, Facebook pages, website, etc. prior to the date of this Permit Application b. If different/revised publicity ie; flyers,documents, posters, Facebook pages, website or the likes is distributed/used/published after the date of this Permit Application is submitted, it must be PRESENTED TO Brazos County. The changes roust be sent to the Admistrator at the place below. Administrator: County .budge Address: 200 S. Texas Avenue, Ste. 332 Bryan, TX 77803 Phone M 979-361-4102 E-mail: countyjudge@brazoscountytx.gov Vill Concessions Will Concessions be available during this event? 1. Food:--------------------- a. Provided with entry fee (giveaway) b. Available to purchase YES _ NO ------ YES _ NO YES _ NO YES _ NO 8 Vol. -lip 7 Pg. � 2. Non-alcoholic beverages:______________________________________ YES NO a. Provided with entry fee (giveaway) YES _ NO b. Available to purchase YES _ NO 3. Alcoholic beverages: ------------------------------------------- YES _ NO a. Provided with entry fee (giveaway) YES — NO b. Available to purchase YES _NO c. Will minors (under 21 years) be attending this event YES �NO If yes, explain how you will prohibit minors from obtaining/ consuming alcohol. I If you answered yes to # 3, attach a copy of your TABC Permit to this page. 4. Concessionaire (Name): Address: City: State: Contact Person: Phone M Cell: Zip: a. Provide the above information for ALL concessionaires and attach to this page. 9 b. All food concessionaires must have a current STATE Food Establishment Permit issued by Texas Department of State Health Services. A copy of the current inspection permit issued by Texas Department of State Health Services must be attached to this page. IX Emergency Action Plan Please provide an Emergency Action Plan (EAP) below. Describe your plan if a life -threatening emergency should occur. This plan must list a "given location" for reporting, or a meeting place to report an incident, emergency, or make complaints. This must include the entire time the event is occurring. Additional sheets can be attached to this page. 10 Vol._ pg. x Traffic Escorts 1. 1 . hereby acknowledge Brazos County may require traffic escorts at our event. If traffic escorts are needed, it will be my responsibility to provide those traffic escorts (traffic escorts as defined by this form are off duty peace officers certified by the State of Texas). The Brazos County Sheriffs Office (BCSO) will determine the number of paid traffic escorts required for this event based on the estimated attendancelentries. Traffic escorts must be approved by the Brazos County Sheriffs Office before the event. Initial: a. Number of Traffic Escorts as determined by BCSO: Traffic Escort Entity: Address: Contact Phone # E-mail: Cell phone M b. Head of Traffic Escort who will be on scene: Name of Person: Address: Phone Cell phone #: E-mail: Title Title *Note: Attach any contracts for traffic escorts or control pursuant to this section. c. Approved by Brazos County Sheriff Office: By: Title: Print By: Date: Signature VOL 9 7 pg. f 5 I xl Coggins Papers All equine must have current Coggins tests before they will be allowed to participate at the event. The Coggins papers may be checked by the Texas Animal Health Commission. The event sponsor is required to implement a procedure for review of records on each participating equine to confirm proof of current, negative Coggins tests in accordance with Texas Administrative Code, Title 4, Section 49.1. Please describe the procedure to confirm proof of.current, negative Coggins tests on each participating equine: Xll Applicant Acknowledgement I have reviewed this Brazos County Special Event Permit Application and 1 agree that I will abide by all the terms and conditions should this Permit Application be approved by the Brazos County Commissioners Court. YES _ NO l hereby acknowledge that all information on this Permit Application is true and that 1 will follow all the rules and regulations as set out in this Permit Application and any and all local, state, and federal laws and 1 further hereby acknowledge that if 1 provided incorrect information on any documents requested, this request will be denied and the Permit Application is terminated, and no money will be refunded. YES _ NO 1 also understand that any and all permits, required forms, and anylall approvals must be submitted along with this application and approved by Brazos County Commissioners Court at least 90 days prior to the date of the event. YES _ NO 12 Vol. 3 97 pg. 164 I also understand that as the requestor and promoter of this event, we accept all liability as it relates to any property damage or Injuries that occur during this event. YES NO 1 acknowledge that I understand that if any criminal activities occur at my event or if 1 am in violation of this permit at any time, the permit can be revoked, and the event will be immediately terminated by any Texas Peace Officer and everyone will be required to vacate the event and there will be no refund of any money. YES NO . 1 acknowledge that by signing and submitting this application, 1 am giving consent to the Brazos County Sheriffs Office for the recording of drone footage of my event. YES NO MI Section Headings Headings and titles at the beginning of the provisions of this Special Event Permit Application have been included only to make it easier and more convenient to locate the subject matter covered by that part, section or subsection and shall not be used in interpreting or construing this Special Event Permit Application. XJVr Governing .Law The validity and interpretation of any of the terms and provisions of this Permit Application or of the rights and duties of the parties hereunder shall be governed by the laws of the State of Texas. The venue for any cause of action arising out of this Permit Application and/or the permit shall be in Brazos County, Texas. �:" Severabiltv In the event that any one or more of the provisions contained in this Permit Application shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, by a Court of competent jurisdiction, such invalidity, illegality, or enforceability shall not affect any other provision of this Permit Application 13 397 Vol. Pg �i� and this Permit Application shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. "I Gender and Number Words of any gender In this Permit Application shall be construed to include any other gender, and words in either number shall be construed to include the other, unless the context in this Permit - Application clearly requires otherwise. XVI I Permit Fee A fee of will be collected and deposited in Brazos County's account before any work will be performed in conjunction with the approval of this Permit Application. This fee is non-refundable. a. Bate paid: b. Received by: "III Amendment/Modification Any amendment or modification to the terms of this Permit Application or any Exhibit attached hereto shall be in writing, shall be dated subsequent to the date of this Permit Application, shall be approved by the Brazos County Commissioner's Court and shall be signedby each party to this Permit Application. No officer, agent, employee or representative of Applicant has any authority to amend or modify the terms of this Permit Application or any Exhibit attached hereto, unless expressly granted that authority by the Brazos County Commissioners Court. 14 VOL 3 5 7 ' P9. 166 XIX Administrator The Brazos County Judge is the Administrator for this type of permit. All correspondence pertaining to this Permit Application shall be directed to: Administrator. Brazos County Judge's Office Address: 200 S. Texas Avenue, Ste. 332, Bryan, TX 77803 Phone #: 979-361-4102 E-mail: countyiudge@brazoscountytx.gov Representative/individuals By: Print Signature Mailing XX Signatures of Applicants City State Zip Phone #: ' Cell phone E-mail: NOTARY REQUIRED Date: Title: 15 Vol. 397 =117 I do hereby solemnly swear, under penalty of perjury, that all information Print Claimant Name provided herein is true and correct. Signature of Claimant Sworn to and Subscribed before me , Notary Public in and for the State of Texas this day of (year). Seal Commission Expiration: Representative/Individuals By: Title: Print Signature Mailing Address: 1. City: State: Zip: Phone #: Cell phone NOTARY REQUIRED I do hereby solemnly swear, under penalty of perjury, that all information Print Claimant Name provided herein is true and correct. Signature of Claimant Sworn to and Subscribed before me , Notary Public in and for the State of Texas this day of _ (year). t ' Seal . 16 Commission Expiration: * By signing this Application, we agree to comply wlf� the restrictions set out in this permit and all laws of the State of Texas. XXl Signatures of Officials Approved By: BRAZOS COUNTY SHERIFFS OFFICE By: Date: Print By: Signature Title: Phone M E-mail Note: Signatures may also be required for Traffic Escorts and for Security. Acknowledged By: BRAZOS COUNTY OFFICE OF EMERGENCY MANAGEMENT By: By: Title: _ E-mail: Print Signature _ Phone #• 17 Date: Vol. 397 Pg. Acknowledged By: BRAZOS COUNTY EMS By: Print By: Signature Title: Phone E-mail: Date: Acknowledged By: BRAZOS COUNTY ROAD and BRIDGE DEPARTMENT By: Print By: Signature Title: Phone t E-mail: Acknowledged By: BRAZOS COUNTY 911 Date: By: Date: Print By: Signature Title: Phone #: E-mail: u 18 --'_ Vol E U jLr--F-- Pg., Xxl1 Brazos County Commissioners Court Action On this the day of the Brazos County Commissioners Court hereby voted to: Approve this permit request Deny this permit request This is a request for a Special Event Permit. This action is recorded in the minutes of the meeting of the same date as this action. X Brazos County Judge Exhibit A Definitions 1,, Animal and Animal -Drawn Vehicles as defined by Texas Transportation Code 542.003 as follows: A person riding an animal on a roadway or operating a vehicle drawn by an animal on a roadway has the rights and duties applicable. to the operator of a vehicle under this subtitle, except a right or duty that by its nature cannot apply to a person riding an animal or operating a vehicle drawn by an animal. 2. Bicycle is defined as any bicycle, unicycle, tricycle, skate board, roller skates or any form of human or mechanicalpowered vehicle. 3. Bicycle Ride/Race is defined as the same as event. 4. Entry/Entries is defined as any wagon, cart, buggy, trailer, animal, bicycle, vehicle or any wheeled device. All entries must meet and obey all local, state and federal laws, 19 --- Vol. 6" 9 7 pg� 1 including but not limited to person or persons participating in, attending, watching, working for the event. S. Entry Fee is defined as a gate fee, admission fee, entrance fee, admission charge. 6. Event is defined as a thing that happens, a planned or unplanned public or social occasion which has a gathering of people for the purpose of but not limited to a trail ride, parade, camp out, bicycle ride, bicycle race or rally, ceremony, party, recreational gathering, meet, adventure, competition, contest, occasion, celebration, or get together. 7. Permit Application is defined as an Event Application. 8. Person is defined as an individual, group of individuals, firm, corporation, partnership, or association. 9. Participants are defined the same as attendee, partygoer, observer, watcher, viewer, gaper, spectator, or participant. 10. Promote is defined as to organize, manage, finance, or hold an event. 11. Promoter is defined as a person who promotes, finances, oversees, manages, controls, supervises, directs, or organizes an event and/or a mass gathering. 12. Ride is defined as the same as event. 13. Race is defined as the same as event. 14. Security Personnel, as defined by this form, are off duty peace officers certified by the State of Texas. 15. Traffic, as defined by Texas Transportation Code #541.301, are pedestrians, ridden or herded animals, and conveyances, including vehicles and streetcars, singly or together while using a highway for the purposes of travel. 16. Traffic Escort, as defined by this form, are off duty peace officers certified by the State of Texas. 17. Trail Ride is defined as a function where two (2) or more are gather together to ride animals such as horses. 18. Vehicle is defined as any device or form of a device with a wheel or wheels that will ^ move under its own power, and/or assisted by any form of auxiliary power, which can be animal, human, or natural (such as, but not limited to solar, wind), or any other form of mechanical power. 19. BSCO is defined as the Brazos County Sheriffs Office 20 Vol. 3 9 7 pgf DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name CO Order.pdf BRAZOS COUNTY BRYAN;TEXAS NUMBER: 5/9/2023 Consideration and approval of an Order authorizing the issuance of "Brazos County, Texas Certificates of Obligation, Series 2023"; authorizing a Paying Agent/RegistrarAgreement; and approving other matters relating thereto. Commissioners Court 05/02/2023 False False $0.00 Description CO Order Type Backup Material M'R Duane Peters Date County Judge vo=7pg. R ORDER AUTHORIZING THE ISSUANCE OF `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2023"; AUTHORIZING -A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO Vol. pg. ORDER AUTHORIZING THE ISSUANCE OF `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2023"; AUTHORIZING A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO WHEREAS, the Commissioners Court of Brazos County, Texas (the "County") deems it advisable to issue the Certificates (defined herein) for the purposes described in Section 3 of this Order; WHEREAS, the Certificates hereinafter authorized and designated are to be issued and delivered for cash pursuant to Subchapter C, Chapter 271, Texas Local Government Code, and Section 320.073, Texas Local Government Code; WHEREAS, the Commissioners Court has heretofore, on March 21, 2023, passed a resolution authorizing and directing the County Judge or the County Clerk to give notice of intention to issue the Certificates, which notice as published is hereby ratified and has been duly published in The Eagle which is a newspaper of general circulation in the County, in its issues of March 23, 2023, and March 30, 2023, the date of the first publication being at least 45 days prior to the tentative date stated in .such notice for passage of this Order; WHEREAS, the County has received no petition from the qualified voters of the County protesting the issuance of the Certificates; WHEREAS, the terms of the sale of the Certificates are the most reasonable and advantageous and it is in the best interest of the County that the Certificates be issued as hereinafter provided; and WHEREAS, in accordance with the provisions of Section 81.006, Texas Local Government Code, the Commissioners Court hereby finds and determines that this Order was adopted at a regularly scheduled meeting of the Commissioners Court; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. Authorization of the Certificates. There is hereby authorized to be issued and delivered a series of certificates of obligation of the County, to be known as `BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2023" (the "Certificates"), in the original aggregate principal amount of $9,300,000 payable from an annual ad valorem tax levied upon all taxable property within the County, within the limits prescribed by law, and by a pledge of $1,000 of certain revenues received by the County from the operation of the Brazos Center for the purposes described in the Form of Certificates contained in Section 3 hereof. Section 2. Date, Denominations, Numbers, and Maturities of Interest on the Certificates. The Certificates shall be dated as of June 1, 2023 (the "Dated Date"), shall be in denominations of_$5,000 each or any integral multiple thereof, shall be numbered I-l. for the Initial Certificate (defined herein) and consecutively from R-1 upward for the definitive Certificates, and shall mature on September 1 in each of the years as provided in the following schedule. The Certificates shall bear interest at the specified rates per annum from the date of delivery, such interest payable semiannually beginning March 1, 2024, and continuing on each September 1 and March 1 thereafter through the respective maturity, as shown below: Maturity Date (September 1) 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Principal Installment Interest Rate Maturity Date (September 1) 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Principal Installment Interest Rate Section 3. General Characteristics and Form of the Certificates. The Certificates shall (i) be issued; (ii) be payable; (iii) be redeemable prior to their scheduled maturities; (iv) have the characteristics; and (v) be signed, sealed, and executed, all as provided and in the manner indicated in the form set forth below. The Form of the Certificates, the Form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and manually endorsed on the Initial Certificate, the Form of the Authentication Certificate, and the Form of Assignment, which shall be, respectively, substantially as follows, with necessary and appropriate variations, omissions, and insertions as permitted or required by this Order, and the definitions contained within each such form shall apply solely to such form: FORM OF CERTIFICATES [FORM OF DEFINITIVE CERTIFICATES] United States of America State of Texas BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2023 NUMBER R- REGISTERED INTEREST DATED DELIVERY RATE DATE DATE % June 1, 2023 June 1, 2023 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: MATURITY DATE September 1, DOLLARS($ DENOMINATION REGISTERED CUSIP NO. BRAZOS COUNTY, TEXAS (the "County"), being a body corporate and a political subdivision of the State of Texas, promises to pay to the Owner, specified above, or registered assigns (either, the "Owner"), on the Maturity Date specified above, upon presentation and surrender of this Certificate at the -2- designated payment office of BOKF, NA, Dallas, Texas, or its successor (the "Paying Agent/Registrar"), to wit: the Principal Amount, specified above, in lawful money of the United States of America, and to pay interest thereon at the Interest Rate, specified above, calculated on the basis of a 360-day year of twelve 30- day months, from the later of the Delivery Date, specified above, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Certificate is payable semi-annually by check beginning March 1, 2024, and continuing each September 1 and March 1 thereafter through maturity, mailed to the Owner of record as shown on the register kept by the Paying Agent/Registrar (the "Register"), as of the Record Date (hereinafter defined), or in such other manner as may be acceptable to the Owner and the Paying Agent/Registrar. The date for determining the person to whom interest is payable on any interest payment date (the "Record Date") is the fifteenth day of the month next preceding a scheduled payment. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new Record Date for such payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of,the scheduled payment date of the past due payment (the "Special Payment Date", which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of the Owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment date and interest payment date for this Certificate it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due, in the manner set forth in the order authorizing the issuance of the Certificates adopted by the Commissioners Court of the County on May 9, 2023 (the "Order"). THIS CERTIFICATE is one of a series of Certificates dated as of the Dated Date specified above of like designation, date, and tenor, except as to number, interest rate, denomination, and maturity, issued pursuant to the Order in.,the original aggregate principal amount of $9,300,000 for the purpose of providing for the payment of contractual obligations to be incurred for the design, planning, acquisition, construction, furnishing, renovation and equipping of public property and designated infrastructure and for other public purposes, specifically being improvements to (1) the existing County Administration Building; (2) the County Courthouse; (3) the existing County BISD Building (including parking lot renovations) for public defender offices and other administrative services; (4) the Brazos County Dispatch and Emergency Operations Center; (5) County Sheriff Department facilities including a central receiving and storage facility; and (6) the payment of contractual obligations for professional services in connection with such projects (including, but not limited to, financial advisory, legal, architectural, and engineering) THE CERTIFICATES are issued pursuant to the Order, whereunder the Commissioners Court of the County covenants to levy a continuing, direct, annual ad valorem tax on taxable property within the County, within the limits prescribed by law, for each year while any part of the Certificates are considered outstanding under the provisions of the Order, in a sufficient amount to pay interest on each Certificate as it becomes due, to provide a sinking fund for the payment of the principal of the Certificates when due, and to pay the expenses of assessing and collecting such tax, and this Certificate is additionally secured by and payable from a pledge of $1,000 of certain of the revenues received by the County from the operation of the Brazos Center (the "Center"). Reference is hereby made to the Order for provisions with respect to the custody and application of the County's funds, remedies in the event of a default hereunder or thereunder, and the other rights of the Owner. By acceptance of this Certificate, the Owner consents to all of the provisions of the Order, a certified copy of which is on file in the office of the County Clerk. THE COUNTY RESERVES THE RIGHT to redeem the Certificates having stated maturities on or after September 1, 2034, in whole or in part, on September 1, 2033 or on any date thereafter. Such optional _3_ redemption shall be at a redemption price of par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. If less than all of the Certificates are to be redeemed, the particular Certificates to be redeemed shall be selected by the County in integral multiples of $5,000 within any one maturity. AT LEAST 45 DAYS PRIOR to the date fixed for any redemption of Certificates or portions thereof prior to maturity, a written notice of such redemption shall be given by the County to the Paying Agent/Registrar, and the Paying Agent/Registrar shall send a copy of such notice at least 30 days prior to the date fixed for redemption by United States mail, first class, postage prepaid, addressed to the Owner of each Certificate to be redeemed in whole or in part at the address shown on the Register at the close of business on the business day next preceding the date of mailing such notice; provided, however, that any notice of redemption so mailed will be conclusively presumed to have been duly given, irrespective of whether one or more Owners failed to receive such notice or any defect in such notice. When Certificates or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption, and redeemed Certificates shall no longer be regarded as outstanding except for the right of the Owner or Owners thereof to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. WITH RESPECT TO OPTIONAL REDEMPTION of the Certificates, unless the Paying Agent/Registrar has received fields sufficient to pay the principal and premium, if'any, and interest on the Certificates to be redeemed before giving of a notice of redemption, the notice of redemption may state that the County may condition redemption on the receipt by the Paying Agent/Registrar of such funds on or before the date fixed for the redemption, or on the satisfaction of any other prerequisites set forth in the notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient funds are not received, the notice shall be of no force and effect, the County shall not redeem the Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice' of redemption was given, that the Certificates have not been redeemed. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE IS TRANSFERABLE OR EXCHANGEABLE only upon presentation and surrender at the designated payment office of the Paying Agent/Registrar. If this Certificate is being transferred, it shall be duly endorsed for transfer or accompanied by an assignment duly executed by the Owner, or his authorized representative, subject to the terms and conditions of the Order. If this Certificate is being exchanged, it shall be in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Order. The Owner of this Certificate shall be deemed and treated by the County and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the County and the Paying Agent/Registrar shall not be affected by any notice to the contrary. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the County, resigns, or otherwise ceases to act as such, the County has covenanted in the Order that it promptly will appoint a -4- competent and legally qualified substitute therefor and cause written notice thereof to be mailed to the Owners. IT IS HEREBY CERTIFIED, COVENANTED, AND REPRESENTED that all acts, conditions, and things necessary to be done precedent to the issuance of the Certificates in order to 'resider the same legal, valid, and binding obligations of the County have happened and have been accomplished and performed in regular and due time, form, and manner, as required by law; that provision has been made for the payment of the principal of and interest on the Certificates by the levy of a continuing, direct, annual -ad valorem tax upon all taxable property within the County, within the limit prescribed by law, and from the above -described limited pledge of $1,000 from certain revenues received by the County from its ownership. and operation of the Center; and that issuance of the Certificates does not exceed any constitutional or statutory limitation. BY BECOMING the Owner of this Certificate, the Owner thereby acknowledges all of the terms and provisions of the Order, agrees to be bound by such terms and provisions, and agrees that the terns and `provisions of this Certificate and the Order constitute a contract between each Owner and the County. IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile signature of the County Judge of the County and countersigned with the manual or facsimile signature of the County Clerk of the County, and the official seal of the County has been duly impressed, or placed in facsimile, on this Certificate. BRAZOS COUNTY, TEXAS /s/ Karen McQueen /s/ Duane Peters County Clerk County Judge (COMMISSIONERS COURT SEAL) -5- Vol. 397 Pg. WORM OF INITIAL CERTIFICATEI The Initial Certificate shall be in the form set forth above for the definitive Certificates, except the following shall replace the heading and the first paragraph: NO. I-1 United States of America State of Texas BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2023 $9,300,000 Dated Date: JUNE 1, 2023 Delivery Date: JUNE 1, 2023 Registered Owner: Principal Amount: NINE MILLION THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($9,300,000) BRAZOS COUNTY, TEXAS (the "County"), for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Owner, specified above, or the registered assigns thereof (the "Owner"), the Principal Amount, specified above, with principal installments payable on September 1 in each of the years, and bearing interest at per annum rates in accordance with the following schedule: MATURITY PRINCIPAL INTEREST DATE INSTALLMENT M RATE (Information to be inserted from schedule appearing in Section 2 of the Order.) INTEREST on the unpaid Principal Amount hereof from the Delivery Date, as specified above, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for shall be paid, computed on the basis of a 360-day year of twelve 30-day months, such interest being payable on March 1 and September 1 of each year, commencing March 1, 2024. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The final payment of principal of this Certificate shall be paid to the Owner hereof upon presentation and surrender of this Certificate at final maturity, at the designated payment office of BOKF, NA, Dallas, Texas, or its successors, which is the "Paying Agent/Registrar" for this Certificate. The payment of principal installments and interest on this Certificate shall be made by the Paying Agent/Registrar to the Owner hereof as shown on the books of register kept by the Paying Agent/Registrar (the "Register") at the close of business on the Record Date (hereinafter defined) by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the County required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, postage prepaid, on each such payment date, to the Owner hereof at its address as it appears on the Register, as hereinafter described. The date for determining to whom interest is payable on any interest payment date (the "Record Date") means the fifteenth calendar day of the month preceding a scheduled payment. In the -6- event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new Record Date for such payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the "Special Payment Date", which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of the Owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment date and interest payment date for this Certificate it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due, in the manner set forth in the order authorizing the issuance of the Certificates adopted by the Commissioners Court of the County on May 9, 2023 (the "Order"). FORM OF AUTHENTICATION CERTIFICATE (DEFINITIVE CERTIFICATE ONLY) AUTHENTICATION CERTIFICATE This Certificate is one of the Certificates described in and delivered pursuant to the within - mentioned Order, and this Certificate has been issued in conversion of and exchange for, or replacement of, a Certificate, Certificates, or a portion of a Certificate or Certificates of an issue which was originally approved, by the Attorney ' General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Registration Date: -7- BOKF, NA Dallas, Texas Paying Agent/Registrar Authorized Signature FORM OF REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS (INITIAL CERTIFICATE ONLY) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I HEREBY CERTIFY THAT there is on file and of record in my office a certificate to the effect that the Attorney General of the State of Texas has examined and finds that this Certificate has been issued in conformity with the Constitution and laws of the State of Texas and is a valid and binding obligation of Brazos County, Texas, and further that this Certificate has been registered this day by me. WITNESS my signature and seal of office this (COMPTROLLER'S SEAL) Comptroller of Public Accounts of the State of Texas FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (Please insert Social Security or Taxpayer (Please print or typewrite name and address, including zip code, of Transferee) Identification Number of Transferee) the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signatures) must be guaranteed by a NOTICE: The signature above must correspond with member firm of the New York Stock Exchange the name of the Owner as it appears upon the front of or a commercial bank or trust company. this Certificate in every particular, without alteration or enlargement or any change whatsoever. The following abbreviations, when used in the Assignment above or on the face of the within Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: am Vol. 397 pg. TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the list above. [END OF FORMS] Section 4. Definitions. In addition to other words and terms defined in this Order (except those defined and used in Section 3), and unless a different meaning or intent clearly appears in the context, the following words and terms shall have the following meanings, respectively: "Attorney General" means the Attorney General of the State of Texas. "Bond Counsel" means Winstead PC, or such other nationally -recognized bond counsel selected by the County to serve in such capacity. "Certificate" or "Certificates" means any or all of the Certificates, as the case may be, of that series styled "Brazos County, Texas Certificates of Obligation, Series 2023" authorized by this Order. "Code" means the Internal Revenue Code of 1986, as amended. "Commissioners Court" means the Commissioners Court of the County, being its duly authorized governing body. "Comptroller" means the Comptroller of Public Accounts of the State. "County" means Brazos County, Texas, a body corporate and a political subdivision of the State, or any successor thereto. "County Clerk" means the County Clerk of the County, "County Judge" means the County Judge of the County "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns. "Governmental Obligations" means (i) direct noncallable obligations of the United States, -including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally -9- ! Vol. pg, 18 recognized investment rating firm not less than "AAA" or its equivalent, and (iv) any other obligations now or hereafter authorized by law to defease the Certificates. "Initial Certificate" means the Certificate registered by the Comptroller as described in Section 9 hereof. "Interest Payment Date" means, when used in connection with any Certificate, March 1, 2024 and each September 1 and March 1 thereafter until maturity or earlier redemption of such Certificate. "Initial Purchaser" means "Official Statement" means the disclosure document dated as of May 9, 2023, along with any supplement or amendment thereto, distributed by the County in connection with the offering and sale of the Certificates. "Order" means this "Order Authorizing the Issuance of `Brazos County, Texas Certificates of Obligation, Series 2023'; Authorizing a Paying Agent/Registrar Agreement; and Approving Other Matters Relating Thereto" adopted by the Commissioners Court on May 9, 2023. "Owner" or "Owners" means any person who shall be the registered owner of any outstanding Certificates, or the assigns thereof. "Paying Agent/Registrar" means BOKF, NA, Dallas, Texas, and such other bank or trust company as may he be appointed in substitution therefor or in addition thereto to perform the duties of Paying Agent/Registrar in accordance with the provisions of this Order. "Paying Agent/Registrar Agreement" means the Paying Agent/Registrar Agreement dated as of June 1, 2023, between the Paying Agent/Registrar and the County substantially in the form of Exhibit "A" attached hereto, which relates to the registration, authentication, and transfer of the Certificates. "Record Date" means the date for determining the person to whom interest is payable on any Interest Payment Date. "Register" means the books of registration kept by the Paying Agent/Registrar in which are maintained the names and addresses of, and the principal amounts registered to, each Owner. "Rule" means Rule 15c2-12, as amended, adopted by the United States Securities and Exchange Commission under the Securities Exchange Act of 1934. "State" means the State of Texas.' Section 5. County Funds. The County hereby confirms the establishment of the following funds of the County at a depository of the County: (a) Interest and Sinking Fund, Tax Lew, and Pledge of Revenues. The "Brazos County, Texas Certificates of Obligation, Series 2023 Interest and Sinking Fund" (the "Interest and Sinking Fund") is hereby created and shall be established and maintained'by the County at an official depository bank of the County. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the County and shall be used only for paying the interest on and principal of the Certificates. The accrued interest received upon the initial delivery of the Certificates, and the net proceeds of all ad still 9 f 8 4� Vol. 0 - P9 valorem taxes levied and collected for and on account of the Certificates, shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates or interest thereon are outstanding and unpaid, the Commissioners Court shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal thereof as such principal matures (but never less than 2% of the original principal amount of the Certificates as a sinking fund each year); and the tax shall be based on the County's latest approved tax rolls, with full allowances being made for tax delinquencies and the cost of tax collection. The rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the County for each year while any of the Certificates or interest thereon are outstanding and unpaid, and the tax shall be assessed and collected each year and deposited to the credit of the Interest and Sinking Fund. The ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. The Certificates additionally shall be payable from and secured by a subordinate lien on and pledge of $1,000 of the revenues generated from the County's ownership and operation of the Brazos Center (the "Center"), such revenues pennitted to be pledged by Section 320.073, Texas Local Government Code. Notwithstanding the requirements of this Section, if any revenues of the Center are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to this Section may be reduced to the extent and by the amount of such revenues then on deposit in the Interest and Sinking Fund or budgeted for deposit therein. The County shall deposit such limited pledge of $1,000 of the revenues of the Center to the credit of the Interest and Sinking Fund. The County reserves the right to issue, for any lawful purpose at any time, in one or more installments, bonds, certificates of obligation, and other obligations of any kind payable in whole or in part from, and secured by a pledge of the Center's revenues that may be prior and superior in right to, on a parity with, or junior and subordinate to the $1,000 limited pledge of the revenues additionally securing the Certificates. (b) Construction Fund. The "Brazos County, Texas Certificates of Obligation, Series 2023 Construction Fund" (the "Construction Fund") is hereby created and shall be established and maintained by the County at an official depository bank of the County. The Construction Fund is the fund into which the proceeds of the Certificates that remain after making the deposits identified in subsection (a) above shall be deposited and used to accomplish the primary purpose for which the Certificates are issued. Money in the Construction Fund shall be used to pay the costs necessary or appropriate to accomplish the purposes for which the Certificates are issued. Section 6. Investments and Security. (a) Investment of Funds. The County may place money in any fund created by this Order in time or demand deposits or invest such money as authorized by law at the time of such deposit; provided, however, that the County hereby covenants that the proceeds of the sale of the Certificates will be used as soon as practicable for the purposes for which the Certificates are issued. Obligations purchased as an investment of money in a fund shall be deemed to be a part of such fund. (b) Amounts Received from Investments. Except as otherwise provided by law, amounts received from the investment of the Construction Fund may be retained in such fund or deposited to the -11- Vol. 397 Pg. Is Interest and Sinking Fund as determined by the Commissioners Court. Any amounts received from the investment of the Interest and Sinking Fund shall be deposited in the Interest and Sinking Fund. (c) Security for Funds. All funds created by this Order shall be secured in the manner and to the fullest extent required by law for the security of funds of the County. (d) RemainingFunds. unds. Any money remaining after, the purposes for which the Certificates have been accomplished shall be deposited in the Interest and Sinking Fund and the Construction Fund shall then be closed. Section 7. Covenants of the County. (a) General Covenants. The County covenants and represents that: (i) the County is a duly created county, operating and existing under the laws of the State, and is duly authorized under the laws of the State to create and issue the Certificates, all action on its part for the creation and issuance of the Certificates has been duly and effectively taken, and the Certificates in the hands of the Owners thereof are and will be valid and enforceable obligations of the County in accordance with their terms; and (ii) the Certificates shall be ratably secured in such manner that no one Certificate shall have preference over other Certificates. (b) Specific Covenants. The County covenants and represents that, while the Certificates are outstanding and unpaid, it will: (i) proceed to acquire and construct with all due diligence and dispatch so much of the projects as shall have been financed with the proceeds of the Certificates; and (ii) levy an ad valorem tax, within the limits prescribed by law, that will be sufficient to provide funds to pay the current interest on the Certificates and to provide the necessary sinking fund, as described in this Order. (c) Covenants Regarding Tax Matters. The County covenants to take any action to maintain, or refrain from any action which would adversely affect, the treatment of the Certificates as obligations described in section 103 of the Code, the interest on which is not includable in "gross income" for federal income tax purposes. In furtherance thereof, the County specifically covenants as follows: (i) to refrain from taking any action which would result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (ii) to take any action to assure that no more than 10% of the proceeds of the Certificates or the projects financed therewith are used for any "private business use", as defined in section 141(b)(6) of the Code or, if more than 10% of the proceeds or the projects financed therewith are so used, that amounts, whether or not received by the County with respect to such private business use, do not under the terms of this Order or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10% of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (iii) to take any action to assure that in the event that the "private business use" described in paragraph (ii) hereof exceeds 5% of the proceeds of the Certificates or the projects financed -12- 397 Vol. Pg. —I R 9 therewith, then the amount in excess .of 5% is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (iv) to take any action to assure that no amount which is greater than the lesser of $5,000,000 or 5% of the proceeds of the Certificates is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (v) to refrain from taking any action which would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (vi) except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Certificates; (vii) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (viii) except to the extent otherwise provided in section 148(f) of the Code and the regulations and rulings thereunder, to pay to the United States of America at least once during_ each five year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90% of the "Excess Earnings", within the meaning of section 148(f) of the Code, and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100% of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; (ix) to maintain such records as will enable the County to fulfill its responsibilities under this subsection and sections 141 and 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Certificates; and (x) to comply with the information reporting requirements- of section 149(e) of the Code. For the purposes of the foregoing, in the case of a refunding obligation, the term "proceeds" includes transferred proceeds and, for purposes of paragraphs (ii) and (iii), proceeds of the refunded obligations The covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Certificates, the County will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally -recognized bond counsel, will not adversely affect the exclusion from gross income of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates, the County agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally -recognized bond counsel, to preserve the exclusion from gross income of interest on the Certificates under section 103 of the Code. -13- Vol. 3 .9 7 Pg. 187 Proper officers of the County_ charged with the responsibility of issuing the Certificates are hereby authorized and directed to execute any documents, certificates, or reports required by the Code and to make such elections, on behalf of the County, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates. Notwithstanding any other provision in this Order, to the extent necessary to preserve the exclusion from gross income of interest on the Certificates under section 103 of the Code, the covenants contained in this subsection shall survive the later of the defeasance or discharge of the Certificates. (d) Covenants Regarding Sale Lease or Disposition of Financed Property. The County covenants that it will regulate the use of the property financed, directly or indirectly, with the proceeds of the Certificates and will not sell, lease, or otherwise dispose of such property unless (i) the County takes the remedial measures as may be required by the Code and the regulations and rulings thereunder in order to preserve the exclusion from gross income of interest on the Certificates under section 103 of the Code or (ii) the County seeks the advice of nationally -recognized bond counsel with respect to such sale, lease, or other disposition. Section 8. Paying Agent/Registrar. The Paying Agent/Registrar is hereby appointed as paying agent and registrar for the Certificates and the County is hereby authorized to enter into any type of agreement necessary for the Paying Agent/Registrar to perform its duties hereunder. The principal of the Certificates shall be payable, without exchange or collection charges, in any coin or currency of the United States of America, which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable, whether at maturity or by prior redemption, at the designated payment office of the Paying Agent/Registrar. The interest on each Certificate shall be payable by check payable on the Interest Payment Date mailed by the Paying Agent/Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register, or in such other manner as may be acceptable to the Owner and the Paying Agent/Registrar. The County, the Paying Agent/Registrar, and any other person may treat the person in whose name any Certificate is registered on the Register as the absolute Owner of such Certificate for the purpose of making and receiving payment of the principal thereof and for the further purpose of making and receiving payment of the interest thereon and for all other purposes, whether or not such Certificate is overdue, and neither the County nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Certificate in accordance with this Order shall be valid and effectual and shall discharge the liability of the County and the Paying Agent/Registrar upon such Certificate to the extent of the sums paid. So long as any Certificates remain outstanding, the Paying Agent/Registrar shall keep the Register at its designated corporate trust office in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Certificates in accordance with the terms of this Order. The County may at any time and from time to time appoint another Paying Agent/Registrar in substitution for the previous Paying Agent/Registrar; provided, however, that any such Paying Agent/Registrar shall be a corporation organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, and a transfer agent registered with the United States Securities and Exchange Commission. Any bank or trust company with or into which any Paying Agent/Registrar may be merged or consolidated, or to which the assets and business of any Paying Agent/Registrar may be -14- Vol. 97 pg. sold or otherwise transferred, shall be deemed the successor of such Paying Agent/Registrar for the purposes of this Order. The County Judge and the County Clerk, respectively, are hereby authorized to enter into, execute, and deliver the Paying Agent/Registrar Agreement with the initial Paying Agent/Registrar in substantially the form attached hereto as Exhibit "A". Section 9. Initial Certificate; Exchange or Transfer of Certificates. Initially, one Certificate (the "Initial Certificate"), numbered I-1 as described in Section 3 of this Order and representing the entire principal amount of the Certificates, shall be registered in the name of and shall be executed and submitted to the Attorney General for approval, and thereupon certified by the Comptroller or his duly authorized agent, by manual signature, and the Initial Certificate shall be effective and valid without the Authentication Certificate being signed by the Paying Agent/Registrar. At any time thereafter, the Initial Purchaser may deliver the Initial Certificate to the Paying Agent/Registrar for exchange, accompanied by instructions from the Initial Purchaser designating the persons, maturities, and principal amounts to and in which the Initial Certificate is to be transferred and the addresses of such persons, and the Paying Agent/Registrar shall thereupon, within not more than three days, register and deliver such Certificates as provided in such instructions. Each Certificate shall be transferable only upon the presentation and surrender thereof at the designated payment office of the Paying Agent/Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the Owner or his authorized representative in form satisfactory to the Paying Agent/Registrar. Upon presentation of any Certificate for transfer, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor, to the extent possible and under reasonable circumstances within three business days after such presentation, a new Certificate or Certificates, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Certificate or Certificates so presented. All Certificates shall be exchangeable upon presentation and surrender thereof at the designated payment office of the Paying Agent/Registrar for a Certificate or Certificates of the same maturity and interest rate and in any authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Certificate or Certificates presented for exchange. The Paying Agent/Registrar shall be and is hereby authorized to authenticate and deliver exchange Certificates in accordance with this Order and each Certificate so delivered shall be entitled to the benefits and security of this Order to the same extent as the Certificate or Certificates in lieu of which such Certificate is delivered. The County or the Paying Agent/Registrar may require the Owner of any Certificate to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Certificate. Any fee or charge of the Paying Agent/Registrar for such transfer or exchange shall be paid by the County. Section 10. Book -Entry -Only System. (a) The definitive Certificates shall be initially issued in the name of Cede & Co., as nominee of DTC, as Registered Owner of the Certificates, and held in custody of DTC. A single certificate will be issued and delivered to DTC for each maturity of the Certificates. Beneficial owners of definitive Certificates will not receive physical delivery of Certificates except as provided hereinafter. For so long as DTC shall continue to serve as securities depository for the Certificates as provided herein, all transfers of beneficial ownership interest will be made by book -entry only, and no investor or other person purchasing, selling, or otherwise transferring beneficial ownership of Certificates is to receive, hold, or deliver any Certificates: No person shall acquire or hold any -15- EVol. pg. 8 9 beneficial interest in any Certificate representing a portion of the principal amount of such Certificate which is other than $5,000 or an integral multiple thereof. (b) Replacement definitive Certificates may be issued directly to beneficial owners of Certificates other than DTC, or its nominee, but only in the event that (i) DTC determines not to continue to act as securities depository for the Certificates (which determination shall become effective no less than 90 days after written notice to such effect to the County and the Paying Agent/Registrar); or-(ii) the County has advised DTC of its determination (which determination is conclusive as to DTC and beneficial owners of the Certificates) that DTC is incapable of discharging its duties as securities depository for the Certificates; or (iii) the County has determined (which determination is conclusive as to DTC and the beneficial owners of the Certificates) that the interests of the beneficial owners of the Certificates might be adversely affected if such book -entry only system of transfer is continued. Upon occurrence of any event described in (i) or (ii) above, the County shall use its best efforts to attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the County shall cause to be executed, authenticated, and delivered replacement Certificates, in certificate form, to the DTC participants having an interest in the Certificates as shown on the records of DTC provided by DTC to the County. In the event that the County makes the determination described in (iii) above and has made provisions to notify the beneficial owners of Certificates of such detenmination by mailing an appropriate notice•to DTC, it shall cause to be issued replacement Certificates in certificate form to the DTC participants having an interest in the Certificates as shown on the records of DTC provided by DTC to the County. The County undertakes no obligation to snake any investigation to determine the occurrence of any events that would permit the County to make any determination described in (ii) or (iii) above. (c) Whenever, during the term of the Certificates, the beneficial ownership thereof is determined by a book entry at DTC, the requirements in this Order of holding, delivering, or transferring Certificates shall be deemed modified to require the appropriate person or entity to meet the requirement of DTC as to registering or transferring the book entry to produce the same effect. (d) If at any time DTC ceases to hold the Certificates, all references herein to DTC shall be of no further force or effect. Section 11. County Officers' Duties. (a) Issuance of Certificates. The County Judge shall submit the Initial Certificate, the record of the proceedings authorizing the issuance of the Certificates, and any and all other necessary orders, certificates, and records to the Attorney General for his investigation. After obtaining the approval of the Attorney General, the County Judge shall cause the Initial Certificate to be registered by the Comptroller. The officers or acting officers of the County are authorized to execute and deliver on behalf of the County such certificates and instruments as may be necessary or appropriate prior to delivery of and payment for the Certificates to and by the Initial Purchasers. (b) Execution of Order. The County Judge and the County Clerk, respectively, are authorized to execute the certificate to which this Order is attached on behalf of the County and to do any and all things proper and necessary to carry out the intent thereof. Section 12. Remedies of Owners. In addition to all rights and remedies of any Owner provided by the laws of the State, the County covenants and agrees that in the event the County defaults in the payment of the principal of or interest on any of the Certificates when due, fails to make the payments required by this Order to be made into the Interest and Sinking Fund, or defaults in the observance or performance of any of the covenants, conditions, or obligations set forth in this Order, any -16- Vol. 397 Pg. � � Owner shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the County and other officers of the.County to observe and perform any covenant, obligation, or condition prescribed in this Order. No delay or omission by any Owner to exercise any right or power accruing to such Owner upon default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies mentioned in this Order shall be available to any Owner of any of the Certificates and shall be cumulative of all other existing remedies. Section 13. Lost, Stolen, Destroyed, Damaged, or Mutilated Certificates; Destruction of Paid Certificates. (a) Replacement Certificates. In the event any outstanding Certificate shall become lost, stolen, destroyed, damaged, or mutilated, at the request of the Owner thereof, the County shall cause to be executed, registered by the Paying Agent/Registrar, and delivered a substitute Certificate of like date and tenor, in exchange and substitution for and upon cancellation of such mutilated or damaged Certificate, or in lieu of and substitution for such Certificate lost, stolen, or destroyed, subject to the provisions of subsections (b), (c), (d), and (e) of this Section appearing below. (b) Application and Indemnity. Application for exchange and substitution of lost, stolen, destroyed, damaged, or mutilated Certificates shall be made to the County. In every case the applicant for a substitute Certificate shall furnish to the County such deposit for fees and costs as may be required by the County to save it and the Paying Agent/Registrar harmless from liability. Except as hereinafter provided, in every case of loss, theft, mutilation, or destruction of a Certificate, the applicant shall also furnish to the County indemnity to the County's satisfaction and shall file with the County evidence to the County's satisfaction of the loss, theft, mutilation, or destruction and of the ownership of such Certificate. In every case of damage or mutilation of a Certificate, the applicant shall surrender the Certificate so damaged or mutilated to the Paying Agent/Registrar. (c) Matured Certificates. Notwithstanding the foregoing provisions of this Section, in the event any such Certificate shall have matured, and no default has occurred in payment of the principal of or interest on the Certificates which is then continuing, the County may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a substitute Certificate, if any, provided security or indemnity is furnished as above provided in this Section. (d) Expenses of Issuance. Upon the issuance of any substitute Certificate, the County may charge the Owner of such Certificate with all fees and costs incurred in connection. therewith. Every substitute Certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, destroyed, damaged, or mutilated shall constitute a contractual obligation of the County, whether or not the lost, stolen, destroyed, damaged, or mutilated Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Order equally and proportionately with any and all other Certificates duly issued under this Order. (e) Authority to Issue Substitute Certificates. This Order shall constitute sufficient authority for the issuance of any such substitute Certificate without necessity of further action by the County or any other body or person, and the issuance of such substitute Certificates is hereby authorized, notwithstanding any other provisions of this Order. (f) Destruction of Paid Certificates. At any time subsequent to the payment thereof, the Paying Agent/Registrar is authorized to cancel and destroy any Certificates duly paid, and promptly after any 3WE Vol. P9. 191 such destruction, the Paying Agent/Registrar shall furnish to the County a certificate evidencing such destruction. Section 14. Redemption. The Certificates are subject to optional redemption as described in the "Form of Certificates" appearing in Section 3 of this Order. Section 15. Defeasance. (a) Except to the extent provided in subsection (c) of this Section, any Certificate, and the interest thereon, shall be deemed to be paid, retired, and no longer outstanding within the meaning of this Order (a "Defeased Certificate") when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity, redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption) or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to a person described by Section 1207.061, Texas Government Code (a "Depositary"), with respect to the safekeeping, investment, administration, and disposition of a deposit made under Section 1207.061, Texas Government Code, for such payment (the "Deposit") (A) lawful money of the United States of America sufficient to make such payment and/or (B) Governmental Obligations, which may be in book -entry form, that mature and bear interest payable at times and in amounts sufficient to provide for the scheduled payment or redemption of any Defeased Certificate. To cause a Certificate scheduled to be paid or redeemed on a date later than the next scheduled interest payment date on such Certificate to become a Defeased Certificate, the County must, with respect to the Deposit, enter into an escrow or similar agreement with a Depositary. In connection with any defeasance of the Certificates, the County shall cause to be delivered: (i) in the event an escrow or similar agreement has been entered into with a Depositary to effectuate such defeasance, a report of an independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay the Defeased Certificates in full on the maturity or redemption date thereof (the "Verification"); or (ii) in the event no escrow or similar agreement has been entered into, a certificate from the County's financial advisor or a qualified financial professional of the County certifying that the amount deposited with a Depositary is sufficient to pay the Defeased Certificates in full on the maturity or redemption date thereof. In addition to the required Verification or certificate, the County shall also cause to be delivered an opinion of nationally -recognized bond counsel to the effect that the Defeased Certificates are no longer outstanding pursuant to the terms hereof and a certificate of discharge of the Paying Agent/Registrar with respect to the Defeased Certificates. The Verification, if any, and each certificate and opinion required hereunder shall be acceptable in form and substance, and addressed, if applicable, to the Paying Agent/Registrar and the County. The Certificates shall remain outstanding hereunder unless and until they are in fact paid and retired or the above criteria are met. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, and all herein required criteria have been met, such Certificate and the interest thereon shall no longer be outstanding or unpaid and shall no longer be entitled to the benefits of the pledge of the security interest granted under this Order, and such principal and interest shall be payable solely from the Deposit of money or Governmental Obligations; provided, however, the County may exercise the right to redeem a Defeased Certificate if it has reserved the option to be exercised at the time of the defeasance of the Certificates, to call for redemption, at an earlier date, those Certificates which have been defeased to their maturity date, if the County: (i) in the proceedings providing for the firm banking and financial arrangements, expressly reserves the right to call the Certificates for redemption; (ii) gives notice of the reservation of that right to the Owners immediately following the making of the firm banking and financial arrangements; and (iii) directs that notice of reservation be included in any redemption notices that it authorizes. -18- Voi. _:3 9 7 Pg. 6� (b) Any money so deposited with a Depositary may at the written direction of the County also be invested in Governmental Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Governmental Obligations received by a Depositary which is not required for the payment of the Defeased Certificates and interest thereon, with respect to which such money has been so deposited, shall be used as directed in writing by the County. (c) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services, of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the County shall make proper arrangements to provide and pay for such services as required by this Order. Section 16. Order a Contract; Amendments. This Order shall constitute a contract with the Owners, from time to time, of the Certificates, binding on the County and its successors and assigns, and shall not be amended or repealed by the County as long as any Certificate remains outstanding except as permitted in this Section. The County may, without the consent of or notice to any Owners, amend, change, or modify this Order as may be required (i) by the provisions hereof, (ii) for the purpose of curing any ambiguity, inconsistency, or formal defect or omission herein, or (iii) in connection with any other change which is not to the prejudice of the Owners. The County may, with the written consent of the Owners of a majority in aggregate principal amount of Certificates then outstanding affected thereby, amend, change, modify, or rescind any provisions of this Order; provided, however, that without the consent of all of the Owners of the Certificates affected, no such amendment, change, modification, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Certificates, reduce the principal amount or redemption price thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on bonds or certificates on a parity with the lien of the Certificates, (ii) give any preference of any Certificate over any other Certificate, (iii) extend any waiver of default to subsequent defaults, or (iv) reduce the aggregate principal amount of Certificates required for consent to any such amendment, change, modification, or rescission. In the event the County desires to make any amendment or addition to or rescission of this Order requiring consent of the Owners of the Certificates, the County shall cause notice of the amendment, addition, or rescission to be given at least 30 days prior to the scheduled effective date of such action, said notice to be sent by United States mail, first-class postage prepaid, to the Owners of the Bonds at the addresses appearing on the Register at the close of business on the business day next preceding the date of mailing of such notice. Any notice so mailed will be conclusively presumed to have been duly given, irrespective of whether one or more Owners failed to receive such notice or any defect in such notice. When, at any time within one year after the date of the giving of such notice, the County receives an instrument or instruments in writing executed by the appropriate number- of Owners of the Certificates then outstanding affected by any such amendment, addition, or rescission requiring the consent of Owners of the Certificates, which instrument or instruments refer to the proposed amendment, addition, or rescission described in such notice and specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the County may adopt such amendment, addition, or rescission in substantially such form, except as herein provided. No Owner of the Certificates may thereafter object to the adoption of such amendment, addition, or rescission, or to any of the provisions thereof, and such amendment, addition, or rescission shall be fully effective for all purposes. Section 17. Sale and Delivery of Certificates. (a) Sale. The sale of the Certificates to the Initial Purchaser, pursuant to the taking of competitive sealed bids at a price of $ C___% of par), is hereby confirmed. The County, upon consultation with the County's financial advisor, hereby finds that the terms of the sale are in the County's best interest. It is hereby officially found, determined, and declared that the Initial Purchaser submitted the bid which results in the lowest net effective interest rate -19— —:::. - to the County and delivery of the Certificates to the Initial Purchaser shall be made as soon as practicable after the adoption of this Order, upon payment therefor, in accordance with the terms of sale. The Initial Certificate shall be registered in the name of the Initial Purchaser. The officers of the County are hereby authorized and directed to execute and deliver such certificates, instructions, or other instruments as are required or necessary to accomplish the purposes of this Order. (b) Approval of Official Statement. The County hereby approves the form and content of the Official Statement relating to the Certificates and any addenda, supplement, or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Certificates by the Initial Purchaser in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The form and content of and the distribution and use of the Preliminary Official Statement relating to the Certificates, dated May 2, 2023 (the "Preliminary Official Statement"), prior to the date hereof, is hereby ratified and confirmed. The County hereby finds and determines that the Preliminary Official Statement is "deemed final" as that term is defined in the Rule. Section 18. Use of Proceeds. The proceeds from the sale of the Certificates shall be used in the following manner: (i) $ shall be deposited to the credit of the Construction Fund to be used to accomplish the purposes for which the Certificates were issued; and (ii) the balance of the proceeds shall be used to pay the cost of issuing the Certificates. Section 19. Continuing Disclosure. (a) Annual Reports. The County shall provide annually to the Municipal Securities Rulemaking Board (the "MSRB") pursuant to its Electronic Municipal Market Access System ("EMMA"), within six months after the end of each fiscal year ending in or after 2023, the financial information and operating data with respect to the County described in Exhibit `B" hereto with respect to such fiscal year or the 12-month period then ended. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in "APPENDIX A" attached to the Official Statement or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation and (ii) audited, if the County commissions an audit and the audit is completed by the required time; provided, however, that if audited financial statements are not available by the required time, the County, shall provide unaudited financial statements by the required time and the County shall provide audited financial statements when and if the audited financial statements become available. The County's current fiscal year end is September 30. Accordingly, it must provide updated information by the last day of March in each year, unless the County changes its fiscal year. If the County changes its fiscal year, it will notify the MSRB of the change. (b) Notice of Certain Events. The County will file with the MSRB notice of any of the following events with respect to the Certificates in a timely manner (and not more than 10 business days after occurrence of the event): (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; (7) modifications to rights of holders of the Certificates, if material; (8) Certificate calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Certificates, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership, or similar event of the County, which shall occur as -20- 3917 t Vol. Pg. 1 described below; (13) the consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) incurrence of a debt obligation or a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation of the County, or a guarantee of any such debt obligation or derivative instrument, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of any such financial obligation of the County, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of any such financial obligation of the County, any of which reflect financial difficulties. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur; the appointment of a receiver, fiscal agent, or similar officer for the County in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the County; or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the County. The County intends the words used in clauses (15) and (16) and the definition of financial obligation in this section to have the meanings ascribed to them in the Securities and Exchange Commission (the "SEC") Release No. 34-83885, dated August 20, 2018. In addition, the County will provide timely notice of any failure by the County to provide information, data, or financial statements in accordance with its agreement described above under subsection (a). The provisions of this Section are for the sole benefit of the Owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The County undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the County's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The County does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any fixture date. UNDER NO CIRCUMSTANCES SHALL THE COUNTY BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING `IN WHOLE OR IN PART FROM ANY BREACH BY THE COUNTY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the County in observing or performing its obligations under this Section shall comprise a breach of or default under this Order for purposes of any other provisions of this Order. -21- E . Pg. 19 5 Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the County under federal and state securities laws. The provisions of this Section may be amended, supplemented, or repealed by the County from time to time under the following circumstances, but not otherwise: (a) to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the County, if the provisions of this Section, as so amended, supplemented or repealed, would have permitted an underwriter to purchase or sell Certificates in the offering described herein in compliance with the Rule and either the Owners of a majority in aggregate principal amount of the outstanding Certificates consent to such amendment, supplement, or repeal, or any person unaffiliated with the County (such as nationally -recognized bond counsel) determines that such amendment, supplement, or repeal will not materially impair the interests of the beneficial owners of the Certificates; (b) upon amendment or repeal of the applicable provisions of the Rule, or any determination by a court of final jurisdiction that such provisions are invalid; or (c) in any other circumstance or manner, but in either case only to the extent that its right to do so would not have prevented an underwriter from purchasing the Certificates in the offering described herein in compliance with the Rule. If the County amends, supplements, or repeals any of the provisions of this Section, the County must include, with its next financial information and operating data update described above in subsection (a), an explanation, in narrative form, of the reasons for the amendment, supplement, or repeal and of the impact of any change in the type of information and operating data so provided. Section 20. Perfection of Security Interest. Chapter 1208, Texas Government Code, applies to the issuance of the Certificates and the pledge of the proceeds of ad valorem taxes and certain revenues of the Center thereto granted by the County under Section 5(a) of this Order, and such aforementioned pledge is, therefore, valid, effective, and perfected. Should Texas law be amended at any time while the Certificates are outstanding and unpaid, the result of such amendment being that the pledge of the ad valorem tax proceeds or such revenues is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, in order to preserve to the Owners a security interest in such pledge, the County agrees to take such measures as it determines are reasonable and necessary to enable a filing of a security interest in said pledge to occur. Section 21. Further Procedures. The County Judge and the County Clerk, and all other officers, employees, attorneys, and agents of the County and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the County, all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Order, the Certificates, the Paying Agent/Registrar Agreement, and the Official Statement. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Prior to the initial delivery of the Certificates, the County Judge, the County Clerk, and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Order or to any of the instruments authorized by this Order necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Order, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Certificates by the Attorney General's office; Section 22. Attorney General Examination Fee. The County recognizes that under Section 1202.004, Texas Government Code, the Attorney General requires a nonrefundable examination fee be -22- paid at the time of submission of the transcript of proceedings authorizing the Certificates and that, based upon the principal amount of the Certificates, such fee is $9,300.00. Bond Counsel is accommodating the County by paying such fee upon submission of such transcript. Officials of the County are, however, hereby authorized to reimburse Bond Counsel such amount as soon as possible and whether or not the Certificates are ever delivered and such amount is hereby appropriated from available funds for such purpose. The County is also authorized to reimburse the fund used for such payment with proceeds of the Certificates. Section 23. Other Documents. The County Judge and the County Clerk are hereby authorized to execute and attest to such other documents, certificates, letters of instruction, tax information forms, and other agreements of any kind which; in the opinion of Bond Counsel, are necessary or advisable in order to issue the Certificates and verify that the interest on the Certificates will be exempt from gross income of the holders thereof under current federal tax law. Section 24. Successor Registrar, Successor Paying Agent. The County covenants with the Owners that prior to the time all of the Certificates have been finally retired, the County will provide competent and legally qualified persons to act as and perform the services of Paying Agent/Registrar for the Certificates under this Order. The County reserves the right to, and may, at its option, change the Paying Agent/ Registrar with respect to the Certificates upon not less than 60 days written notice to the Paying Agent/Registrar. Any Paying Agent/Registrar may resign and be discharged of its respective duties under this Order by written resignation filed with the County not less than 60 days before the date such resignation is to take effect. In the event that the person at any time acting as a Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the County covenants that promptly it will appoint a competent and legally qualified national or state banking institution organized and doing business under the laws of the United States of America or the State, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, to act as such Paying Agent/Registrar, under this Order. Upon any change in a Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Register (or a copy thereof), along with all other pertinent books and records relating to the Certificates, to the new Paying Agent/Registrar designated and appointed by the County. Upon any change in the Paying Agent/Registrar, the County promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each Owner, by United States mail, first-class, postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Order, and a certified copy of this Order shall be delivered to each Paying Agent/Registrar. Section 25. Nonpresentment of Certificates. In the event any Certificate shall not be presented for payment when the principal thereof or interest thereon, if applicable, becomes due, either at maturity or otherwise, or if any check or draft representing payment of principal of or interest on the Certificates shall not be presented -for payment, if funds sufficient to pay the principal of or interest on such Certificate shall have been made available by the County to the Paying Agent/Registrar for the benefit of the Owner thereof, all liability of the County to the Owner thereof for the payment of the principal of or interest on such Certificate shall cease, terminate, and be completely discharged, and thereupon it shall be the duty of the Paying Agent/Registrar to hold such funds in trust, uninvested and without liability for interest thereon, for the benefit of the Owner of such Certificate, who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Order with respect to the principal of or interest on such Certificate. To the extent applicable, the Paying Agent/Registrar shall hold and apply any such funds in accordance with Title 6, Texas Property Code, and shall comply with the reporting requirements of Chapter 74, Texas Property Code. -23- vc�. 397 pg. E Section 26..Miscellaneous Provisions. (a) General. Except where the context otherwise requires, words importing the singular number shall include the plural number and vice versa; words importing the masculine gender shall include the feminine and neuter genders and vice versa. Reference to any document means that document as amended or supplemented from time to time. Reference to any party to a document means that party and its successors and assigns. Reference herein to any article, section, subsection, or other subdivision, as applicable, unless specifically stated otherwise, means the article, section, subsection, or other subdivision, as applicable, of this Order. (b) Titles Not Restrictive. The titles assigned to the various sections of this Order are for convenience only and shall not be considered restrictive of the subject matter of any section or of any part of this Order. (c) Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Order are hereby repealed and declared to be inapplicable, and the provisions of this Order shall be and remain controlling as to the matters prescribed herein. (d) Severability. If any word, phrase, clause, paragraph, sentence, part, portion, or provision of this Order or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Order shall nevertheless be valid and the County hereby declares that this Order would have been enacted without such invalid word, phrase, clause, paragraph, sentence, part, portion, or provision. (e) Governing Law. This Order shall be construed and enforced in accordance with the laws of the State. (f) Open Meeting. The County officially finds and determines the meeting at which this Order is adopted was open to the public and that public notice of the time, place, and purpose of such meeting was given, all as required by Chapter 551, Texas Government Code. (g) Immediate Effect. Notwithstanding any charter provision or other applicable laws, this Order shall be immediately effective upon its adoption by the Commissioners Court. PASSED AND APPROVED on first and final reading by the Commissioners Court of Brazos County, Texas, this 9th day of May, 2023. ATTEST: County Clerk, Brazos County, Texas County Judge, Brazos County, Texas -24- Vol. 3 9 7 Pg. _ EXHIBIT A Paying Agent/Registrar Agreement THIS PAYING AGENT/REGISTRAR AGREEMENT entered into ,as of June 1, 2023 (this "Agreement"), by and between BRAZOS COUNTY, TEXAS (the "County"), and BOKF, NA, a national banking association (the "Bank"). RECITALS WHEREAS, the County has duly authorized and provided for the issuance of its "Brazos County, Texas Certificates of Obligation, Series 2023" (the "Securities"), such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; WHEREAS, the Securities are scheduled to be delivered to the initial purchaser(s) thereof as provided in the "Order" (hereinafter defined); WHEREAS, the County has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of and interest on the Securities and with respect to the registration, transfer, and exchange thereof by the Owners (hereinafter defined) thereof; WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the County and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE I. APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The County hereby appoints the Bank to serve as Paying Agent with respect to the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the County the principal and interest on the Securities as the same become due and payable to the Owners thereof, all in accordance with this Agreement and the Order. The County hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the County books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the Order. The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the County hereby agrees to pay the Bank the fees and amounts set forth in Schedule "A" attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the County on or before 90 days prior to the close of the Fiscal Year (hereinafter defined) of the County, and shall be effective upon the first day of the following Fiscal Year. In addition, the County agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements, and advances incurred or made by the Bank in accordance with any of the provisions A-1 ! Pg. yol. •� J -�— hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE II. DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Bank Office" means the designated corporate trust office of the Bank as indicated on the signature page hereof. The Bank will notify the County in writing of any change in location of the Bank Office. "Financial Advisor" means Public Financial Management, Inc., Austin, Texas: "Fiscal Year" means the fiscal year of the County, ending September 30. "Order" means the order of the governing body of the County pursuant to which the Securities are issued, certified by the County Clerk or any other officer of the County and delivered to the Bank. "Owner" means the Person in whose name a Security is registered in the Security Register. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization, or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Order). "Record Date" means the date for determining the person to whom the interest on a Security is payable on any interest payment date of a Security. r "Redemption Date" when used with respect to any Security to be redeemed means the date fixed for such redemption pursuant to the terms of the Order. "Responsible Officer" when used with respect to the Bank means the Chairman or Vice - Chairman of the Board of Directors, the Chairman or Vice -Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of the County providing for the registration and transfer of the Securities. "Stated Maturity" means the date specified in the Order that the principal of a Security is scheduled to be due and payable. �A A-2 Vol. Pg. Section 2.02. Other Definitions. The terms "Bank", "County", and "Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The terms "Paying Agent/Registrar", "Paying Agent", and "Registrar" refer to the Bank in the performance of its duties and functions of this Agreement. ARTICLE III. PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the County, pay on behalf of the County the principal of each Security at its Stated Maturity or Redemption Date to the Owner upon surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the County, pay on behalf of the Countythe interest on each Security when due, by computing the amount of interest to be paid each Owner and preparing and sending checks by United States snail, first class postage prepaid, on each payment date, to the Owners of the Securities (or their Predecessor Securities) on the respective Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Owner at the Owner's risk and expense. Section 3.02. Payment Dates. The County hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Order. ARTICLE IV. REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the County the Security Register at the Bank Office for recording the names and addresses of the Owners of the Securities, the transfer, exchange, and replacement of the Securities, and the payment of the principal of and interest on the Securities to the Owners and containing such other information as may be reasonably required by the County and subject to such reasonable regulations as the County and the Bank may prescribe. All transfers, exchanges, and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Owner thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re -registration, transfer, or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Owners thereof will be completed and new Securities delivered to the Owner or the assignee of the Owner in not more than three business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Owner, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates. The County shall provide'an adequate inventory of printed Security certificates to facilitate transfers or exchanges thereof. The Bank covenants that the inventory of printed A-3 Vol. ! pg. sL . I Security certificates will be kept in safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such certificates in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other political subdivisions or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer, and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Owners. The Bank will provide the County at any time requested by the County, upon payment of the required fee, a copy of the information contained in the Security Register. The County may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written form. Unless required by law, the Bank will not release or disclose the contents of the Security Register to any Person other than to, or at the written request of, an authorized officer or employee of the County, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the County so that the County may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the County, Securities in lieu of which or in exchange for which other Securities have been issued, or which'have been paid. Section 4.06. Mutilated, Destroyed, Lost, or Stolen Securities. The County hereby instructs the Bank, subject to the applicable provisions of the Order, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an over issuance. In case any Security shall be mutilated, or destroyed, lost, or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost, or stolen Security, only after (i) the filing by the Owner thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss, or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the County and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution, and delivery of a replacement Security shall be borne by the Owner of the Security mutilated, or destroyed, lost, or stolen. Section 4.07. Transaction Information to County. The Bank will, within a reasonable time after receipt of written request from the County, furnish the County information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. ®6� A-4 V09. 9 pg , ARTICLE V. THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. The Bank is also authorized to transfer funds relating to the closing and initial delivery of the Securities in the manner disclosed in the closing memorandum approved by the County as prepared by the County's Financial Advisor or other agent. The Bank may act on a facsimile or e-mail transmission of the closing memorandum acknowledged by the Financial Advisor or the County as the final closing memorandum. The Bank shall not be liable for any losses, costs, or expenses arising directly or indirectly from the Bank's reliance upon and compliance with such instructions. Section 5.02. Reliance on Documents, Etc. The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. No provisions of this Agreement shall require the Bank to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument,. opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Owner or an agent of the Owner. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied -by the County. The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of County. The recitals contained herein with respect to the County and in the Securities shall be taken as the statements of the County, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the County, any Owner or Owners of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the County with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. A-5 Vol. 3 9 7 Pg. `� ® 3 Section 5.05. Money Held by Bank. A special depository account shall at all times be kept and maintained by the Bank for the receipt, safekeeping, and disbursement of money received from the County and held hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Owners of the Securities, to the extent permitted by law, shall be continuously collateralized by securities or obligations which qualify and are eligible under the laws of the State of Texas to secure and be pledged as collateral for deposits of public funds by an instrumentality and political subdivision of the State of Texas to the extent that such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such account shall be made by check drawn on such account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. All funds at any time and from time to time provided to or held by the Bank hereunder shall be deemed, construed, and considered for all purposes as being provided to or held by the Bank in trust. The Bank acknowledges, covenants, and represents that it is acting herein in trust in relation to such funds, and is not accepting, holding, administering, or applying such funds as a banking depository, but solely as a paying agent for and on behalf of the Security thereto. The Owners shall be entitled to the same preferred claim and first lien on the funds so provided as are enjoyed by the beneficiaries of trust funds generally. The funds provided to the Bank hereunder shall not be subject to warrants, drafts, or checks drawn by the County and, except as expressly provided herein, shall not be subject to compromise, setoff, or other charge or diminution by the Bank. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the unclaimed property laws of the State of Texas and any provisions in the Order to the contrary, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for three years after final maturity of the Security has become due and payable will be paid by the Bank to the County at the County's election, and the Owner of such Security shall thereafter look only to the County for payment thereof, and all liability of the Bank with respect to such money shall thereupon cease. If the County does not so elect, the Bank is directed to report and dispose of the funds in compliance with Title 6 of the Texas Property Code. Section 5.06. Indemnification. To the extent permitted by law, the County agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The County and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its Person as well as funds on deposit, in either a federal or state district court located in the state and county where the administrative offices of the County are located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The County and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Person claiming any interest herein. Section 5.08. Depository Trust Company Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company" services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements", currently in effect, which establishes requirements for securities to be eligible for such type depository trust services, including, but A-6 Vol 3 9 `7 P not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. Section 5.09. Reporting Requirements of Paying Agent/Registrar. To the extent required by the Internal Revenue Code of 1986, as amended, and the regulations promulgated and pertaining thereto, it shall be the duty of the Paying Agent/Registrar, on behalf of the County, to report to the owners of the Securities and the Internal Revenue Service (i) the amount of "reportable payments", if any, subject to backup withholding during each year and the amount of tax withheld, if any, with respect to payments of the Securities and (ii) the amount of interest or amount treated as interest on the Securities and required to be included in gross income of the owner thereof. ARTICLE VI. MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or pennitted hereby to be given or furnished to the County or the Bank shall be mailed or delivered to the County or the Bank, respectively, at the addresses shown on the signature page of this Agreement. Any party hereto may change the address to which notices are to be delivered by giving to the other party not less than ten days prior notice thereof. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein made by the parties shall bind their respective successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors and assigns hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Order constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Order, the Order shall govern. Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement (i) will tenninate on the date of final payment of the principal of and interest on the Securities to the Owners thereof or (ii) may be earlier terminated by either party upon 60 days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the County and such appointment accepted and (b) notice has been given to the Owners of the Securities of A-7 vol. 397 pg. 410 the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and County mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay, or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the County.' The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Section 6.12. Certificate of Interested Party. If applicable, a completed Certificate of Interested Parties Form 1295 ("Form 1295") generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 2252.908, Texas Government Code and the rules promulgated by the TEC, was previously submitted to the County by the Paying Agent/Registrar in connection with this Agreement. The County hereby agrees to acknowledge such form with the TEC through its electronic filing application within 30 days of the effective date hereof. The Paying Agent/Registrar and the County understand and agree that, with the exception of information identifying the County and the contract identification number, neither the County nor its consultants are responsible for the information contained in any Form 1295 and neither the County nor its consultants have verified such information. The Paying Agent/Registrar and the County also agree that the transactions contemplated by this Agreement and the respective obligations of the Paying Agent/Registrar and the County hereunder, shall not be modified, released, or excused by the failure of the Paying Agent/Registrar to properly complete a Form 1295, except as set forth in the following sentence. The submission of any Form 1295 by the Paying Agent/Registrar that does not provide a sufficient basis for the County to enter into this Agreement in accordance with Section 2252.908(d), Texas Government Code, shall result in the automatic dismissal and removal of the Paying Agent/Registrar from its duties and rights hereunder and the Paying Agent/Registrar shall not be considered a party to this Agreement. Section 6.13. No Israel Boycott. The Bank hereby verifies that it and its parent company, wholly- or majority -owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent this Agreement is a contract for goods or services, will not boycott Israel during the term of this Agreement. The foregoing verification is made solely to comply with Section 2271.002, Texas Government Code, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, `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 for ordinary business purposes. The Bank understands `affiliate' to mean an entity that controls, is controlled by, or is under common control with the Bank and exists to make a profit. Section 6.14. No Terrorist Organization. The Bank represents that neither it nor any of its parent company, wholly- or majority -owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer's internet website: A-8 Vol. 3�7 P 206 g �__ https:Hcomptroller.texas.gov/purchasing/docs/sudan-list.pdf, https://comptroller.texas.gov/purchasing/docs/iran-list.pdf, or https:Hcomptroller.texas.gov/purchasing/docs/fto-list.pdf The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law neither the Bank nor any wholly- or majority -owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Bank understands "affiliate" to mean any entity that controls, is controlled by, or is under common control with the Bank and exists to make a profit. Section 6.15. Contract Value. The Bank hereby verifies that this Agreement has a value of less than $100,000 and that the provisions required by Sections 2271.002' and 2274.002 of the Texas Government Code for contracts having a value of at least $100,000 are not required in this Agreement. (Signature page follows.) A-9 39� 7 207 Vol. Pg. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: UM Karen McQueen, County Clerk (COMMISSIONERS COURT SEAL) BOKF, NA Dallas, Texas I:A Name Title Address: 5956 Sherry Lane, Suite 900 Dallas, Texas 75225 BRAZOS COUNTY, TEXAS Duane Peters, County Judge Address: 200 South Texas Avenue, Suite 310 Bryan, Texas 77803 E . Pg. 208 SIGNATURE PAGE TO PAYING AGENT/REGISTRAR AG NT FOR THE BRAZOS COUNTY, TEXAS CERTIFICATES OF OBLIGA 0 , SLS-2fl2-3— fig' SCHEDULE A Paying Agent/Registrar Fee- Schedule Schedule A 4 Vol. 397 Pg. 2 EXHIBIT B Description of Annual Financial Information The following information is referred to in Section 19 of the Order. Annual Financial Information and Operating Data. The financial information and operating data with respect to the County to be updated and provided annually in accordance with such Section are as specified (and under the headings of the Official Statement referred to) below: (a) all quantitative financial information and operating data of the general type included in the Official Statement and tables listed in the main text of the Official Statement under the captions "TAX DATA" and "FINANCIAL INFORMATION"; (b) audited financial statements of the County, if the County commissions an audit and the audit is completed by the required time, and, if audited financial statements are not available by the required time, unaudited financial statements and audited financial statements when and if they become available; and (c) the data attached to the Official Statement as "APPENDIX A". Accounting Principles. The accounting principles, with respect to the County, referred to in such Section are the accounting principles described in "APPENDIX A" attached to the Official Statement or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation. IWI Vol. Pg. `y. 0 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 5/9/2023 ITEM: Consideration and approval of an Order authorizing the issuance of "Brazos County, Texas General Obligation Bonds, Series 2023"; authorizing a Paying Agent/RegistrarAgreement; and approving other matters relating thereto. TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS:_ File Name GO Bond Order,pdf Commissioners Court 05/02/2023 False False $0.00 Description GO Bond Order Type Backup Material 0 AP"Pxo D alp Duane Peters Date County Judge F . 3 9 7 Pg. ORDER AUTHORIZING THE ISSUANCE OF `BRAZOS COUNTY, TEXAS GENERAL OBLIGATION BONDS, SERIES 2023"; AUTHORIZING A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO ORDER AUTHORIZING THE ISSUANCE OF "BRAZOS COUNTY, TEXAS GENERAL OBLIGATION BONDS, SERIES 2023"; AUTHORIZING A PAYING AGENT/REGISTRAR AGREEMENT; AND APPROVING OTHER MATTERS RELATING THERETO WHEREAS, the Commissioners Court of Brazos County, Texas (the "County") deems it advisable to issue the Bonds (defined herein) for the purposes described in Section 3 of this Order; WHEREAS, at an election duly called and held for and within the County on November 8, 2022 (the "Election"), the duly qualified resident electors of the County authorized the County to issue bonds in the maximum amount of $100,000,000 (the "Bond Authorization") for the purpose of (1) providing funds for permanent public improvements, including designing, acquiring, constructing, improving, and maintaining roads, bridges, and highways within Brazos County, including the acquisition of land and rights -of -way therefor; and (2) the payment of contractual obligations for professional services in connection with such projects (including, but not limited to, financial advisory, legal, architectural, and engineering); and WHEREAS, the County intends to issue $ of the Bond Authorization for the purposes authorized thereby, which together with $ of premium to be deposited into the Construction Fund, leaves $ authorized but unissued therefrom. WHEREAS, the terms of the sale of the Bonds are the unost reasonable and advantageous and it is in the best interest of the County that the Bonds be issued as hereinafter provided; and WHEREAS, in accordance with the provisions of Section 81.006, Texas Local Government Code, the Commissioners Court hereby finds and determines that this Order was adopted at a regularly scheduled meeting of the Commissioners Court; NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Section 1. Authorization of the Bonds. There is hereby authorized to be issued and delivered a series of general obligation bonds of the County, to be known as `BRAZOS COUNTY, TEXAS GENERAL OBLIGATION BONDS, SERIES 2023" (the "Bonds"), in the original aggregate principal amount of $27,900,000 payable from an annual ad valorem tax levied upon all taxable property within the County, within the limits prescribed by law for the purposes described in Section 3 hereof. Section 2. Date, Denominations, Numbers, and Maturities of Interest on the Bonds. The Bonds shall be dated as of June 1, 2023 (the "Dated Date"), shall be in denominations of $5,000 each or any integral multiple thereof, shall be numbered I-1 for the Initial Bond (defined herein) and consecutively from R-1 upward for the definitive Bonds, and shall mature on September 1 in each of the years as provided in the following schedule. The Bonds shall bear interest at the specified rates per annum from the date of delivery, such interest payable semiannually beginning March 1, 2024, and continuing on each September 1 and March 1 thereafter through the respective maturity, as shown below: Vol. 397 pg. 213 Maturity Date (September 1) 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Principal Installment Interest Rate Maturity Date (September 1) 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 Principal Installment Interest Rate Section 3. General Characteristics and Form of the Bonds. The Bonds shall (i) be issued; (ii) be payable; (iii) be redeemable prior to their scheduled maturities; (iv) have the characteristics; and (v) be signed, sealed, and executed, all as provided and in the manner indicated in the form set forth below. The Form of the Bonds, the Form of the Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and manually endorsed on the Initial Bond, the Form of the Authentication Certificate, and the Form of Assignment, which shall be, respectively, substantially as follows, with necessary and appropriate variations, omissions, and insertions as permitted or required by this Order, and the definitions contained within each such form shall apply solely to such fonn: [FORM OF DEFINITIVE BONDS] United States of America State of Texas BRAZOS COUNTY, TEXAS GENERAL OBLIGATION BONDS, SERIES 2023 NUMBER R- REGISTERED INTEREST DATED DELIVERY MATURITY RATE DATE DATE . DATE % June 1, 2023 June 1, 2023 September 1, REGISTERED OWNER: CEDE_& CO. PRINCIPAL AMOUNT: DOLLARS ($ DENOMINATION REGISTERED CUSIP NO. BRAZOS COUNTY, TEXAS (the "County"), being a body corporate and a political subdivision of the State of Texas, promises to pay to the Owner, specified above, or registered assigns (either, the "Owner"), on the Maturity Date specified above, upon presentation and surrender of this Bond at the designated payment office of BOKF, NA, Dallas, Texas, or its successor (the "Paying Agent/Registrar"), to wit: the Principal Amount, specified above, in lawful money of the United States of America, and to pay interest thereon at the Interest Rate, specified above, calculated on the basis of a 360-day year of twelve 30- -2- Vol. 3 7 pg. 2 � �� day months, from the later of the Delivery Date, specified above, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this Bond is payable semi-annually by check beginning March 1, 2024, and continuing each September 1 and March 1 thereafter through maturity, mailed to the Owner of record as shown on the register kept by the Paying Agent/Registrar (the "Register"), as of the Record Date (hereinafter defined), or in such other manner as may be acceptable to the Owner and the Paying Agent/Registrar. The date for determining the person to whom interest is payable on any interest payment date (the "Record Date") is the fifteenth day of the month next preceding a scheduled payment. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new Record Date for such payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the "Special Payment Date", which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of the Owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment _ date and interest payinent date for this Bond it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due, in the manner set forth in the order authorizing the issuance of the Bonds adopted by the Commissioners Court of the County on May 9, 2023 (the "Order"). THIS BOND is one of a series of Bonds dated as of the Dated Date specified above of like designation, date, and tenor, except as to number, interest rate, denomination, and maturity, issued pursuant to the Order in the original aggregate principal amount of $27,900,000 for the purpose of (1) providing funds for permanent public improvements, including designing, acquiring, constructing, improving, and maintaining roads, bridges, and highways within Brazos County, including the acquisition of land and rights -of -way therefor; and (2) the payment of contractual obligations for professional services in connection with such projects (including, but not limited to, financial advisory, legal, architectural, and engineering). THE BONDS are issued pursuant to the Order, whereunder the Commissioners Court of the County covenants to levy a continuing, direct, annual ad valorem tax on taxable property within the County, within the limits prescribed by law, for each year while any part of the Bonds are considered outstanding tinder the provisions of the Order, in a sufficient amount to pay interest on each Bond as it becomes due, to provide a sinking fund for the payment of the principal _of the Bonds when due, and to pay the expenses of assessing and collecting such tax. Reference is hereby made to the Order for provisions with respect to the custody and application of the County's funds, remedies in the event of a default hereunder or thereunder, and the other rights of the Owner. By acceptance of this Bond, the Owner consents to all of the provisions of the Order, a certified copy of which is on file in the office of the County Clerk. THE COUNTY RESERVES THE RIGHT to redeem the Bonds having stated maturities on or after September 1, 2034, in whole or in part, on September 1, 2033 or on any date thereafter. Such optional redemption shall be at a redemption price of par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. If less than all of the Bonds are to be redeemed, the particular Bonds to be redeemed shall be selected by the County in integral multiples of $5,000 within any one maturity. AT LEAST 45 DAYS PRIOR to the date fixed for any redemption of Bonds or portions thereof prior to maturity, a written notice of such redemption shall be given by the County to the Paying Agent/Registrar, and the Paying Agent/Registrar shall send a copy of such notice at least 30 days prior to the -3- Vol. 3,97 Pg. 215 date fixed for redemption by United States mail, first class, postage prepaid, addressed to the Owner of each Bond to be redeemed in whole or in part at the address shown on the Register at the close of business on the business day next preceding the date of mailing such notice; provided, however, that any notice of redemption so mailed will be conclusively presumed to have been duly given, irrespective of whether one or more Owners failed to receive such notice or any defect in such notice. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption, and redeemed Bonds shall no longer be regarded as outstanding except for the right of the Owner or Owners thereof to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. WITH RESPECT TO OPTIONAL REDEMPTION of the Bonds, unless the Paying Agent/Registrar has received funds sufficient to pay the principal and premium, if any, and interest on the Bonds to be redeemed before giving of a notice of redemption, the notice of redemption may state that the County, may condition redemption on the receipt by the Paying Agent/Registrar of such funds on or before the date fixed for the redemption, or on the satisfaction of any other prerequisites set forth in the notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient funds are not received, the notice shall be of no force and effect, the County shall not redeem the Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, that the Bonds have not been redeemed. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, a Sunday, a legal holiday, or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. . THIS BOND IS TRANSFERABLE OR EXCHANGEABLE only upon presentation and surrender at the designated payment office of the Paying Agent/Registrar. If this Bond is being transferred, it shall be duly endorsed for transfer or accompanied by an assignment duly executed by the Owner, or his authorized representative, subject to the terms and conditions of the Order. If this Bond is being exchanged, it shall be in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Order. The Owner of this Bond shall be deemed and treated by the County and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the County and the Paying Agent/Registrar shall not be affected by any notice to the contrary. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the County, resigns, or otherwise ceases to act as such, the County has covenanted in the Order that it promptly will appoint a competent and legally qualified substitute therefor and cause written notice thereof to be mailed to the Owners. IT IS HEREBY CERTIFIED, COVENANTED, AND REPRESENTED that all acts, conditions, and things necessary to be done precedent to the issuance of the Bonds in order to render the same legal, valid, and binding obligations of the County have happened and have been accomplished and performed in regular and due time, form, and manner, as required by law; that provision has been made for the payment of the principal of and interest on the Bonds by the levy of a continuing, direct, annual ad valorem tax upon -4- Pg. `� Vol. all taxable property within the County, within the limit prescribed by law, and that issuance of the Bonds does not exceed any constitutional or statutory limitation. BY BECOMING the Owner of this Bond, the Owner thereby acknowledges all of the terms and provisions of the Order, agrees to be bound by such terms and provisions, and agrees that the terms and provisions of this Bond and the Order constitute a contract between each Owner and the County. IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the County Judge of the County and countersigned with the manual or facsimile signature of the County Clerk of the County, and the official seal of the County has been duly impressed, or placed in facsimile, on this Bond. BRAZOS COUNTY, TEXAS /s/ Karen McQueen /s/ Duane Peters County Clerk County Judge (COMMISSIONERS COURT SEAL) (FORM OF INITIAL BOND1 The Initial Bond shall be in the form set forth above for the definitive Bonds, except the following shall replace the heading and the first paragraph: NO. I-1 United States of America State of Texas BRAZOS COUNTY, TEXAS GENERAL OBLIGATION BONDS, SERIES 2023 Dated Date: JUNE 1, 2023 Delivery Date: JUNE 1, 2023 Registered Owner: $27,900,000 Principal Amount: TWENTY SEVEN MILLION NINE HUNDRED THOUSAND AND 00/100 DOLLARS ($27,900,000) BRAZOS COUNTY, TEXAS (the "County"), for value received, acknowledges itself indebted to and hereby promises to pay to the order of the Owner, specified above, or the registered assigns thereof (the "Owner"), the Principal Amount, specified above, with principal installments payable on September 1 in each of the years, and bearing interest at per annum rates in accordance with the following schedule: MATURITY PRINCIPAL INTEREST DATE INSTALLMENT M RATE (Information to be inserted from schedule appearing in Section 2 of the Order.) -5- vol. 4397 Pg. 217 INTEREST on the unpaid Principal Amount hereof from the Delivery Date, as specified above, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for shall be paid, computed on the basis of a 360-day year of twelve 30-day months, such interest being payable on March 1 and September 1 of each year, commencing March 1, 2024. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The final payment of principal of this Bond shall be paid to the Owner hereof upon presentation and surrender of this Bond at final maturity, at the designated payment office of BOKF, NA, Dallas, Texas, or its successors, which is the "Paying Agent/Registrar" for this Bond. The payment of principal installments and interest on this Bond shall be made by the Paying Agent/Registrar to the Owner hereof as shown on the books of register kept by the Paying Agent/Registrar (the "Register") at the close of business on the Record Date (hereinafter defined) by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the County required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States snail, postage prepaid, on each such payment date, to the Owner hereof at its address as it appears on the Register, as hereinafter described. The date for determining to whom interest is payable on any interest payment date (the "Record Date") means the fifteenth calendar day of the month preceding a scheduled payment. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new Record Date for such payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment thereof have been received from the County. Notice of the Special Record Date and of the scheduled payment date of the past due payment (the "Special Payment Date", which shall be 15 calendar days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first class, postage prepaid, to the address of the Owner appearing on the Register at the close of business on the last business day next preceding the date of mailing of such notice. The County covenants with the Owner that no later than each principal installment payment date and interest payment date for this Bond it will make available to the Paying Agent/Registrar the amounts required to provide for the payment, in immediately available hinds, of all principal of and interest on the Bonds, when due, in the manner set forth in the order authorizing the issuance of the Bonds adopted by the Commissioners Court of the County on May 9, 2023 (the "Order"). -6- Val. 3 97 pg. 18 FORM OF AUTHENTICATION BOND (DEFINITIVE BOND ONLY) AUTHENTICATION BOND This Bond is one of the Bonds described in and delivered pursuant to the within -mentioned Order, and this Bond has been issued in conversion of and exchange for, or replacement of, a Bond, Bonds, or a portion of a Bond or Bonds of an issue which was originally approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Registration Date: BOKF., NA Dallas, Texas Paying Agent/Registrar LM Authorized Signature FORM OF REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS (INITIAL BOND ONLY) COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I HEREBY CERTIFY THAT, there is on file and of record in my office a certificate to the effect that the Attorney General of the State of Texas has examined and finds that this Bond has been issued in conformity with the Constitution and laws of the State of Texas and is ` a valid and binding obligation of Brazos County, Texas, and further that this Bond has been registered this day by me. WITNESS my signature and seal of office this (COMPTROLLER'S SEAL) Comptroller of Public Accounts of the State of Texas SA Vol. 3 Pg. FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto J (Please insert Social Security or Taxpayer (Please print or typewrite name and address, including zip code, of Transferee) Identification Number of Transferee) the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a NOTICE: The signature above must correspond with member firm of the New York Stock Exchange the name of the Owner as it appears upon the front of or a commercial bank or trust company. this Bond in every particular, without alteration or enlargement or any change whatsoever. The following abbreviations, when used in the Assignment above or on the face of the within Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT - Custodian (Cust) (Minor) under Uniform Gifts to Minors Act (State) Additional abbreviations may also be used though not in the list above. [END OF FORMS] Section 4. Definitions. In addition to other words and terms defined in this Order (except those defined and used in Section 3), and unless a different meaning or intent clearly appears in the context, the following words and terms shall have the following meanings, respectively: "Attorney General" means the Attorney General of the State of Texas. "Bond" or "Bonds" means any or all of the Bonds, as the case may be, of that series styled "Brazos County, Texas General Obligation Bonds, Series 2023" authorized by this Order. "Bond Counsel" means Winstead PC, or such other nationally -recognized bond counsel selected by the County to serve in such capacity. -8- Vol. " pg. "Code" means the Internal Revenue Code of 1986, as amended. "Commissioners Court" means the .Commissioners Court of. the County, being its duly authorized governing body. "Comptroller" means the Comptroller of Public Accounts of the State. "County" means Brazos County, Texas, a body corporate and a political subdivision of the State, or any successor thereto. "County Clerk" means the County Clerk of the County. "County Judge" means the County Judge of the County. "DTC" means The Depository Trust Company, New York, New York, and its successors and assigns. "Governmental Obligations" means (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent, and (iv) any other obligations now or hereafter authorized by law to defease the Bonds. "Initial Bond" means the Bond registered by the Comptroller as described in Section 9 hereof. "Initial Purchaser" means "Interest Payment Date" means, when used in connection with any Bond, March 1, 2024 and each September 1 and March 1 thereafter until maturity or earlier redemption of such Bond. "Official Statement" means the disclosure document dated as of May 9, 2023, along with any supplement or amendment thereto, distributed by the County in connection with the offering and sale of the Bonds. "Order" means this "Order Authorizing the Issuance of `Brazos County, Texas General Obligation Bonds, Series 2023 % Authorizing a Paying Agent/Registrar Agreement; and Approving Other Matters Relating Thereto' adopted by the Commissioners Court on May 9, 2023. "Owner" or "Owners" means any person who shall be the registered owner of any outstanding Bonds, or the assigns thereof. "Paying Agent/Registrar" means BOKF, NA, Dallas, Texas, and such other bank or trust company as may hereafter be appointed in substitution therefor or in addition thereto to perform the duties of Paying Agent/Registrar in accordance with the provisions of this Order. I a, Vol. pg. 221 "Paying Agent/Registrar Agreement" means the Paying Agent/Registrar Agreement dated as of June 1, 2023, between the Paying Agent/Registrar and the County substantially in the form of Exhibit "A" attached hereto, which relates to the registration, authentication, and transfer of the Bonds. "Record Date" means the date for determining the person to whom interest is payable on any Interest Payment Date. "Register" means the books of registration kept by the Paying Agent/Registrar in which are maintained the names and addresses of, and the principal amounts registered to, each Owner. "Rule" means Rule 15c2-12, as amended, adopted by the United States Securities and Exchange Commission under the Securities Exchange Act of 1934. "State" means the State of Texas. Section S. County Funds. The County hereby confirms the establishment of the following Rinds of the County at a depository of the County: (a) Interest and Sinking Fund, Tax Lew, and Pledge of Revenues. The "Brazos County, Texas General Obligation Bonds, Series 2023 Interest and Sinking Fund" (the "Interest and Sinking Fund") is hereby created and shall be established and maintained by the County at an official depository bank of the County. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the County and shall be used only for paying the interest on and principal of the Bonds. The accrued interest received upon the initial delivery of the Bonds, and the net proceeds of all ad valorem taxes levied and collected for and on account of the Bonds, shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are outstanding and unpaid, the Commissioners Court shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal thereof as such principal matures (but never less than 2% of the original principal amount of the Bonds as a sinking fund each year); and the tax shall be based on the County's latest approved tax rolls, with full allowances being made for tax delinquencies and the cost of tax collection. The rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the County for each year while any of the Bonds or interest thereon are outstanding and unpaid, and the tax shall be assessed and collected each year and deposited to the credit of the Interest and Sinking Fund. The ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged irrevocably for such payment, within the limit prescribed by law. (b) Construction Fund. The "Brazos County, Texas General Obligation Bonds, Series 2023 Construction Fund" (the "Construction Fund") is hereby created and shall be established and maintained by the County at an official depository bank of the County. The Construction Fund is the fund into which the proceeds of the Bonds that remain after making the deposits identified in subsection (a) above shall be deposited and used to accomplish the primary purpose for which the Bonds are issued. Money in the Construction Fund shall be used to pay the costs necessary or appropriate to accomplish the purposes for which the Bonds are issued. Section 6. Investments and Security. (a) Investment of Funds. The County may place money in any fund created by this Order in time or demand deposits or invest such money as authorized by law at -10- Vol. 397 pg. 22 9 the time of such deposit; provided, however, that the County.hereby covenants that the proceeds of the sale of the Bonds will be used as soon as practicable for the purposes for which the Bonds are issued. Obligations purchased as an investment of money in a fund shall be deemed to be a part of such fund. (b) Amounts Received from Investments. Except as otherwise provided by law, amounts received from the investment of the Construction Fund may be retained in such fund or deposited to the Interest and Sinking Fund as determined by the Commissioners Court. Any amounts received from the investment of the Interest and Sinking Fund shall be deposited in the Interest and Sinking Fund. (c) Security for Funds. All funds created by this Order shall be secured in the manner and to the fullest extent required by law for the security of funds of the County. (d) RemainingF. Any money remaining after the purposes for which the Bonds have been accomplished shall be deposited in the Interest and Sinking Fund and the Construction Fund shall then be closed. Section 7. Covenants of the County. (a) General Covenants. The County covenants and represents that: (i) the County is a duly created county, operating and existing under the laws of the State, and is duly authorized under the laws of the State to create and issue the Bonds, all action on its part for the creation and issuance of the Bonds has been duly and effectively taken, and the Bonds in the hands of the Owners thereof are and will be valid and enforceable obligations of the County in accordance with their terms; and (ii) the Bonds shall be ratably secured in such manner that no one Bond shall have preference over other Bonds. (b) Specific Covenants. The County covenants and represents that, while the Bonds are outstanding and unpaid, it will: (i) proceed to acquire and construct with all due diligence and dispatch so much of the projects as shall have been financed with the proceeds of the Bonds; and (ii) levy an ad valorem tax, within the limits prescribed by law, that will be sufficient to provide funds to pay the current interest on the Bonds and to provide the necessary sinking fund, as described in this Order. (c) Covenants Regarding Tax Matters. The County covenants to take any action to maintain, or refrain from any action which would adversely affect, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in "gross income" for federal income tax purposes. In furtherance thereof, the County specifically covenants as follows: (i) to refrain from taking any action which would result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (ii) to take any action to assure that no more than 10% of the proceeds of the Bonds or the projects financed therewith are used for any "private business use", as defined in section 141(b)(6) of the Code or, if more than 10% of the proceeds or the projects financed therewith are so used, that amounts, whether or not received by the County with respect to such private see VOL Pg. 12�q business use, do not under the terms of this Order or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10% of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (iii) to take any action to assure that in the event that the "private business use" described in paragraph (ii) hereof exceeds 5% of the proceeds of the Bonds or the projects financed therewith, then the amount in excess of 5% is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (iv) to take any action to assure that no amount which is greater than the lesser of $5,000,000 or 5% of the proceeds of the Bonds is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (v) to refrain from taking any action which would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (vi) except to the extent permitted by section 148 of the Code and the regulations and rulings thereunder, to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds; (vii) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); (viii) except to the extent otherwise provided in section 148(f) of the Code and the regulations and rulings thereunder, to pay to the United States of America at least once during each five year period (beginning on the date of delivery of the Bonds) an amouni that is at least equal to 90% of the "Excess Earnings", within the meaning of section 148(f) of the Code, and to pay to the United States of America, not later than 60 days after the Bonds have been paid in full, 100% of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code; (ix) to maintain such records as will enable the County to fulfill its responsibilities under this subsection and sections 141 and 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Bonds; and (x) to comply with the information reporting requirements of section 149(e) of the Code. For the purposes of the foregoing, in the case of a refunding obligation, the term "proceeds" includes transferred proceeds and, for purposes of paragraphs (ii) and (iii), proceeds of the refunded obligations The covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Bonds, the County will not be required to comply with any covenant contained herein to -12- Vol. 3 t 9 7 pg the extent that such modification or expansion, in the opinion of nationally -recognized bond counsel, will not adversely affect the exclusion from gross income of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the County agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally -recognized bond counsel, to preserve the exclusion from gross income of interest on the Bonds under section 103 of the Code. Proper officers of the County charged with the responsibility of issuing the Bonds are hereby authorized and directed to execute any documents, certificates, or reports required by the Code and to make such elections, on behalf of the County, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. Notwithstanding any other provision in this Order, to the extent necessary to preserve the exclusion from gross income of interest on the Bonds under section 103 of the Code, the covenants contained in this subsection shall survive the later of the defeasance or discharge of the Bonds. (d) Covenants Regarding Sale, Lease, or Disposition of Financed Property. The County covenants that it will regulate the use of the property financed, directly or indirectly, with the proceeds of the Bonds and will not sell, lease, or otherwise dispose of such property unless (i) the County takes the remedial measures as may be required by the Code and the regulations and rulings thereunder in order to preserve the exclusion from gross income of interest on the Bonds under section 103 of the Code or (ii) the County seeks the advice of nationally -recognized bond counsel with respect to such sale, lease, or other disposition. Section 8. Paying Agent/Registrar. The Paying Agent/Registrar is hereby appointed as paying agent and registrar for the Bonds and the County is hereby authorized to enter into any type of agreement necessary for the Paying Agent/Registrar to perform its duties hereunder. The principal of the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America, which, on the date of payment, is legal, tender for the payment of debts due the United States of America, upon their presentation and surrender as they respectively become due and payable, whether at maturity or by prior redemption, at the designated payment office of the Paying Agent/Registrar. The interest on each Bond shall be payable by check payable on the Interest Payment Date mailed by the Paying Agent/Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register, or in such other manner as may be acceptable to the Owner and the Paying Agent/Registrar. The County, the Paying Agent/Registrar, and any other person may treat the person in whose name any Bond is registered on the Register as the absolute Owner of such Bond for the purpose of making and receiving payment of the principal thereof and for the further purpose of making and receiving payment of the interest thereon and for all other purposes, whether or not such Bond is overdue, and neither the County nor the Paying Agent/Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Bond in accordance with this Order shall be valid and effectual and shall discharge the liability of the County and the Paying Agent/Registrar upon such Bond to the extent of the sums paid. So long as any Bonds remain outstanding, the Paying Agent/Registrar shall keep the Register at its designated corporate trust office in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Order. -13- Vol. � � f Pg. 2 2 5 The County may at any time and from time to time appoint another Paying Agent/Registrar in substitution for the previous Paying Agent/Registrar; provided, however, that any such Paying Agent/Registrar shall be a corporation organized and doing business under the laws of the United States of America or any state thereof, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, and a transfer agent registered with the United States Securities and Exchange Commission. Any bank or trust company with or into which any Paying Agent/Registrar may be merged or consolidated, or to which the assets and business of any Paying Agent/Registrar may be sold or otherwise transferred, shall be deemed the successor, -of such Paying Agent/Registrar for the purposes of this Order. The County Judge and the County Clerk, respectively, are hereby authorized to enter into, execute, and deliver the Paying Agent/Registrar Agreement with the initial Paying Agent/Registrar in substantially the form attached hereto as Exhibit "A". Section 9. Initial Bond; Exchange or Transfer of Bonds. Initially, one Bond (the "Initial Bond"), numbered I-1 as described in Section 3 of this Order and representing the entire principal amount of the Bonds, shall be registered in the name of and shall be executed and submitted to the Attorney General for approval, and thereupon certified by the Comptroller or his duly authorized agent, by manual signature, and the Initial Bond shall be effective and valid without the Authentication Bond being signed by the Paying Agent/Registrar. At any time thereafter, the Initial Purchaser may deliver the Initial Bond to the Paying Agent/Registrar for exchange, accompanied by instructions from the Initial Purchaser designating the persons, maturities, and principal amounts to and in which the Initial Bond is to be transferred and the addresses of such persons, and the Paying Agent/Registrar `shall thereupon, within not more than three days, register and deliver such Bonds as provided in such instructions. Each Bond shall be transferable only upon the presentation and surrender thereof at the designated payment office of the Paying Agent/Registrar, duly endorsed for,transfer, or accompanied by an assignment duly executed by the Owner or his authorized representative -in form satisfactory to the Paying Agent/Registrar. Upon presentation of any Bond for transfer, the Paying Agent/Registrar shall authenticate and deliver in exchange therefor, to the extent possible and under reasonable circumstances within three business days after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the designated payment office of the Paying Agent/Registrar for a Bond or Bonds of the same maturity and interest rate and in any authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Paying Agent/Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with this Order and each Bond so delivered shall be entitled to the benefits and security of this Order to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. The County or the Paying Agent/Registrar may require the Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Paying Agent/Registrar for such transfer or exchange shall be paid by the County. Section 10. Book -Entry -Only System. (a) The definitive Bonds shall be initially issued in the name of Cede & Co., as nominee of DTC, as Registered Owner of the Bonds, and held in custody of -14- Vol. 9 7 pg.2 2 6' DTC. A single bond will be issued and delivered to DTC for each maturity of the Bonds. Beneficial owners of definitive Bonds will not receive physical delivery of Bonds except as provided hereinafter. For so long as DTC shall continue to serve as securities depository for the Bonds as provided herein, all transfers of beneficial ownership interest will be made by book -entry only, and no investor or other person purchasing, selling, or otherwise transferring beneficial ownership of Bonds is to receive, hold, or deliver any Bonds. No person shall acquire or hold any beneficial interest in any Bond representing a portion of the principal amount of such Bond which is other than $5,000 or an integral multiple thereof. (b) Replacement definitive Bonds may be issued directly to beneficial owners of Bonds other than DTC, or its nominee, but only in the event that (i) DTC determines not to continue to act as securities depository for the Bonds (which determination shall become effective no less than 90 days after written notice to such effect to the County and the Paying Agent/Registrar); or (ii) the County has advised DTC of its determination (which determination is conclusive as to DTC and beneficial owners of the Bonds) that DTC is incapable of discharging its duties as securities depository for the Bonds; or (iii) the County has determined (which determination is conclusive as to DTC and the beneficial owners of the Bonds) that the interests of the beneficial owners of the Bonds might be adversely affected if such book - entry only system of transfer is continued. Upon occurrence of any event described in (i) or (ii) above, the County shall use its best efforts to attempt to locate another qualified securities depository. If the County fails to locate another qualified securities depository to replace DTC, the County shall cause to be executed, authenticated, and delivered replacement Bonds, in certificate form, to the DTC participants having an interest in the Bonds as shown on the records of DTC provided by DTC to the County. In the event that the County makes the determination described in (iii) above and has made provisions to notify the beneficial owners of Bonds of such determination by mailing an appropriate notice to DTC, it shall cause to be issued replacement Bonds in certificate form to the DTC participants having an interest in the Bonds as shown on the records of DTC provided by DTC to the County. The County undertakes no obligation to make any investigation to determine the occurrence of any events that would permit the County to make any determination described in (ii) or (iii) above. (c) Whenever, during the term of the Bonds, the beneficial ownership thereof is determined by a book entry at DTC, the requirements in this Order of holding, delivering, or transferring Bonds shall be deemed modified to require the appropriate person or entity to meet the requirement of DTC as to registering or transferring the book entry to produce the same effect. (d) If at any time DTC ceases to hold the Bonds, all references herein to DTC shall be of no fiu-ther force or effect. Section 11. County Officers' Duties. (a) Issuance of Bonds. The County Judge shall submit the Initial Bond, the record of the proceedings authorizing the issuance of the Bonds, and any and all other necessary orders, certificates, and records to the Attorney General for his investigation. After obtaining the approval of the Attorney General, the County Judge shall cause the Initial Bond to be registered by the Comptroller. The officers or acting officers of the County are authorized to execute and deliver on behalf of the County such certificates and instruments as may be necessary or appropriate prior to delivery of and payment for the Bonds to and by the Initial Purchasers. (b) Execution of Order. The County Judge and the County Clerk, respectively, are authorized to execute the certificate to which this Order is attached on behalf of the County and to do any and all things proper and necessary to carry out the intent thereof. Section 12. Remedies of Owners. In addition to all rights and remedies of any Owner provided by the laws of the State, the County covenants and agrees that in the event the County defaults -15- Vol. 397 Pg. 22`Y in the payment of the principal of or interest on any of the Bonds when due, fails to make the payments required by this Order to be made into the Interest and Sinking Fund, or defaults in the observance or performance of any of the covenants, conditions, or obligations set forth in this Order, any Owner shall be entitled to a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the County and other officers of the County to observe and perform any covenant, obligation, or condition prescribed in this Order. No delay or omission by any Owner to exercise any right or power accruing to such Owner upon default shall impair any such right or power, or shall be construed to be a waiver of any such default or acquiescence therein, and every such right or power may be exercised from time to time and as often as may be deemed expedient. The specific remedies mentioned in this Order shall be available to any Owner of any of the Bonds and shall be cumulative of all other existing remedies. Section 13. Lost, Stolen, Destroyed, Damaged, or Mutilated Bonds; Destruction of Paid Bonds. (a) Replacement Bonds. In the event any outstanding Bond shall become lost, stolen, destroyed, damaged, or mutilated, at the request of the Owner thereof, the County shall cause to be executed, registered by the Paying Agent/Registrar, and delivered a substitute Bond of like date and tenor, in exchange and substitution for and upon cancellation of such mutilated or damaged Bond, or in lieu of and substitution for such Bond lost, stolen, or destroyed, subject to the provisions of subsections (b), (c), (d), and (e) of this Section appearing below. (b) Application and Indemnity. Application for exchange and substitution of lost, stolen, destroyed, damaged, or mutilated Bonds shall be made to the County. In every case the applicant for a substitute Bond shall furnish to the County such deposit for fees and costs as may be required by the County to save it and the Paying Agent/Registrar harmless from liability. Except as hereinafter provided, in every case of loss, theft, mutilation, or destruction of a Bond, the applicant shall also furnish to the County indemnity to the County's satisfaction and shall file with the County evidence to the County's satisfaction of the loss, theft, mutilation, or destruction and of the ownership of such Bond. In every case of damage or mutilation of a Bond, the applicant shall surrender the Bond so damaged or mutilated to the Paying Agent/Registrar. (c) Matured Bonds. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred in payment of the principal of or interest on the Bonds which is then continuing, the County may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a substitute Bond, if any, provided security or indemnity is furnished as above provided in this Section. (d) Expenses of Issuance. Upon the issuance of any substitute Bond, the County may charge the Owner of such Bond with all fees and costs incurred in connection therewith. Every substitute Bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, destroyed, damaged, or mutilated shall constitute a contractual obligation of the County, whether or not the lost, stolen, destroyed, damaged, or mutilated Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Order equally and proportionately with any and all other Bonds duly issued under this Order. (e) Authority to Issue Substitute Bonds. This Order shall constitute sufficient authority for the issuance of any such substitute Bond without necessity of further action by the County or any other body or person, and the issuance of such substitute Bonds is hereby authorized, notwithstanding any other provisions of this Order. (f) Destruction of Paid Bonds. At any time subsequent to the payment thereof, the Paying Agent/Registrar is authorized to cancel and destroy any Bonds duly paid, and promptly after any such -16- destruction, the Paying Agent/Registrar shall furnish to the County a certificate evidencing such destruction. Section 14. Redemption. The Bonds are subject to optional redemption as described in the "Form of Bonds" appearing in Section 3 of this Order. Section 15. Defeasance. (a) Except to the extent provided in subsection (c) of this Section, any Bond, and the interest thereon, shall be deemed to be paid, retired, and no longer outstanding within the meaning of this Order (a "Defeased Bond") when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be by reason of maturity, redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms, thereof (including the giving of any required notice of redemption) or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making, available to a person described by Section 1207.061, Texas Government Code (a "Depositary"), with respect to the safekeeping, investment, administration, and disposition of a deposit made under Section 1207.061, Texas Government Code, for such payment (the "Deposit") (A) lawful money of the United States of America sufficient to make such payment and/or (B) Governmental Obligations, which may be in book -entry form, that mature and bear interest payable at times and in amounts sufficient to provide for the scheduled payment or redemption of any Defeased Bond. To cause a Bond scheduled to be paid or redeemed on a date later than the next scheduled interest payment date on such Bond to become a Defeased Bond, the County must, with respect to the Deposit, enter into an escrow or similar agreement with a Depositary. In connection with any defeasance of the Bonds, the County shall cause to be delivered: (i) in the event an escrow or similar agreement has been entered into with a Depositary to effectuate such defeasance, a report of an independent firm of nationally recognized certified public accountants verifying the sufficiency of the escrow established to pay the Defeased Bonds in full on the maturity or redemption date thereof (the "Verification"); or (ii) in the event no escrow or similar agreement has been entered into, a certificate from the County's financial advisor or a qualified financial professional of the County certifying that the amount deposited with a Depositary is sufficient to pay the Defeased Bonds in full on the maturity or redemption date thereof. In addition to the required Verification or certificate, the County shall also cause to be delivered an opinion of nationally -recognized bond counsel to the effect that the Defeased Bonds are no longer outstanding pursuant to the terms hereof and a certificate of discharge of the Paying Agent/Registrar with respect to the Defeased Bonds. The Verification, if any, and each certificate and opinion required hereunder shall be acceptable in form and substance, and addressed, if applicable, to the Paying Agent/Registrar and the County. The Bonds shall remain outstanding hereunder unless and until they are in fact paid and retired or the above criteria are met. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, and all herein required criteria have been met, such Bond and the interest thereon shall no longer be outstanding or unpaid and shall no longer be entitled to the benefits. of the pledge of the security interest granted under this Order, and such principal and interest shall be payable solely from the Deposit of money or Governmental Obligations; provided, however, the County may exercise the right to redeem a Defeased Bond if it has reserved the option to be exercised at the time of the defeasance of the Bonds, to call for redemption, at an earlier date, those Bonds which have been defeased to their maturity date, if the County: (i) in the proceedings providing for the firm banking and financial arrangements, 'expressly reserves the right to call the Bonds for redemption; (ii) gives notice of the reservation of that right to the Owners immediately following the making of the firm banking and financial arrangements; and (iii) directs that notice of reservation be included in any redemption notices that it authorizes. -17- (b) Any money so deposited with a Depositary may at the written direction of the County also be invested in Governmental Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Governmental Obligations received by a Depositary which is not required for the payment of the Defeased Bonds and interest thereon, with respect to which such money has been so deposited, shall be used as directed in writing by the County. (c) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the County shall make proper arrangements to provide and pay for such services as required by this Order. Section 16. Order a Contract; Amendments. This Order shall constitute a contract with the Owners, from time to time, of the Bonds, binding on the County and its successors and assigns, and shall not be amended or repealed by the County as long as any Bond remains outstanding except as permitted in this Section. The County may, without the consent of or notice to any Owners, amend, change, or modify this Order as may be required (i) by the provisions hereof, (ii) for the purpose of curing any ambiguity, inconsistency, or formal defect or omission herein, or (iii) in connection with any other change 'which is not to the prejudice of the Owners. The County may' with the written consent of the Owners of a majority in aggregate principal amount of Bonds then outstanding affected thereby, amend, change, modify, or rescind any provisions of this Order; provided, however, that without the consent of all of the Owners of the Bonds affected, no such amendment, change, modification, or rescission shall (i) extend the time or times of payment of the principal of and interest on the Bonds, reduce the principal amount or redemption price thereof or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on bonds or certificates on a parity with the lien of the Bonds, (ii) give any preference of any Bond over any other Bond, (iii) extend any waiver of default to subsequent defaults, or (iv) reduce the aggregate principal amount of Bonds required for consent to any such amendment, change, modification, or rescission. In the event the County desires to make any amendment or addition to or rescission of this Order requiring consent of the Owners of the Bonds, the County shall cause notice of the amendment, addition, or rescission to be given at least 30 days prior to the scheduled effective date of such action, said notice to be sent by United States mail, first-class postage prepaid, to the Owners of the Bonds at the addresses appearing on the Register at the close of business on the business day next preceding the date of mailing of such notice. Any notice so mailed will be conclusively presumed to have been duly given, irrespective of whether one or more Owners failed to receive such notice or any defect in such notice. When, at any time within one year after the date of the giving of such notice, the County receives an instrument or instruments in writing executed by the appropriate number of Owners of the Bonds then outstanding affected by any such amendment, addition, or rescission requiring the consent of Owners of the Bonds, which instrument or instruments refer to the proposed amendment, addition, or rescission described in such notice and specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the County may adopt such amendment, addition, or rescission in substantially such form, except as herein provided. No Owner of the Bonds may thereafter object to the adoption of such amendment, addition, or rescission, or to any of the provisions thereof, and such amendment, addition, or rescission shall be fully effective for all purposes. Section 17. Sale and Delivery of Bonds. (a) Sale. The sale of the Bonds to the Initial Purchaser, pursuant to the taking of competitive sealed bids at a price of $ (% of par), is hereby confirmed. The County, upon consultation with the County's financial advisor, hereby finds that the terms of the sale are in the County's best interest. It is hereby officially found, determined, and declared that the Initial Purchaser submitted the bid which results in the lowest net effective -interest rate to the -18- County and delivery of the Bonds to the Initial Purchaser shall be made as soon as practicable after the adoption of this Order, upon payment therefor, in accordance with the terms of sale. The Initial Bond shall be registered in the name of the Initial Purchaser. The officers of the County are hereby authorized and directed to execute and deliver such certificates, instructions, or other instruments as are required or necessary to accomplish the purposes of this Order. (b) Approval of Official Statement. The County hereby approves the form and content of the Official Statement relating to the Bonds and any addenda, supplement, or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Bonds by the Initial Purchaser in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The form and content of and the distribution and use of the Preliminary Official Statement relating to the Bonds, dated May 2, 2023 (the "Preliminary Official Statement"), prior to the date hereof, is hereby ratified and confirmed. The County hereby finds and detennines that the Preliminary Official Statement is "deemed final" as that tern is defined in the Rule. Section 18. Use of Proceeds. The proceeds from the sale of the Bonds shall be used in the following manner: (i) $ shall be deposited to the credit of the Construction Fund to be used to accomplish the purposes for which the Bonds were issued; and (ii) the balance of the proceeds shall be used to pay the cost of issuing the Bonds. Section 19. Continuing Disclosure. (a) Annual Reports. The County shall provide annually to the Municipal Securities Rulemaking Board (the "MSRB") pursuant to its Electronic Municipal Market Access System ("EMMA"), within six months after the end of each fiscal year, ending in or after 2023, the financial information and operating data with respect to the County described in Exhibit `B" hereto with respect to such fiscal year or the 12-month period then ended. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in "APPENDIX A" attached to the Official Statement or such other accounting principles as the County may be required to employ from time -to time pursuant to state law or regulation and (ii) audited, if the County commissions an audit and the audit is completed by the required time; provided, however, that if audited financial statements are not available by the required time, the County shall provide unaudited financial statements by the required time and the County shall provide audited financial statements when and if the audited financial statements become available. The County's current fiscal year end is September 30. Accordingly, it must provide updated information by the last day of March in each year, unless the County changes its fiscal year. If the County changes its fiscal year, it will notify the MSRB of the change. (b) Notice of Certain Events. The County will file with the MSRB notice of any of the following events with respect to the Bonds in a timely manner (and not more than 10 business days after occurrence of the event): (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership, or similar event of the County, which shall occur as described below; (13) the -19- 3 Vol. 3 9 Pg. consummation of a merger, consolidation, or acquisition involving the County or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material; (15) incurrence of a debt obligation or a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation of the County, or a guarantee of any such debt obligation or derivative instrument, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of any such financial obligation of the County, any of which affect security holders, if material; and (16) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of any such financial obligation of the County, any of which reflect financial difficulties. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur; the appointment of a receiver, fiscal agent, or similar officer for the County in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the County, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of . a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the County. The County intends the words used in clauses (15) and (16) and the definition of financial obligation in this section to have the meanings ascribed to them in the Securities and Exchange Commission (the "SEC") Release No. 34-83885, dated August 20, 2018. In addition, the County will provide timely notice of any failure by the County to provide information, data, or financial statements in accordance with its agreement described above under subsection (a). The provisions of this Section are for the sole benefit of the Owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The County undertakes to provide only the financial information, operating . data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the County's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The County does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE COUNTY BE LIABLE TO THE OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE COUNTY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the County in observing or performing its obligations under this Section shall comprise a breach of or default under this Order for purposes of any other provisions of this Order. -20- Vol.�39 pg. 23, Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the County under federal and state securities laws. The provisions of this Section may be amended, supplemented, or repealed by 'the County from time to time under the following circumstances, but not otherwise: (a) to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the County, if the provisions of this Section, as so amended, supplemented or repealed, would have permitted an underwriter to purchase or sell Bonds in the offering described herein in compliance with the Rule and either the Owners of a majority in aggregate principal amount of the outstanding Bonds consent to such amendment, supplement, or repeal, or any person unaffiliated with the County (such as nationally -recognized bond counsel) determines that such amendment, supplement, or repeal will not materially impair the interests of the beneficial owners of the Bonds; (b) upon amendment or repeal of the applicable provisions of the Rule, or any determination by a court of final jurisdiction that such provisions are invalid; or (c) in any other circumstance or manner, but in either case only to the extent that its right to do so would not have prevented an underwriter from purchasing the Bonds in the offering described herein in compliance with the Rule. If the County amends, supplements, or repeals any of the provisions of this Section, the County must include, with its next financial information and operating data update described above in subsection (a), an explanation, in narrative form, of the reasons for the amendment, supplement, or repeal and of the impact of any change in the type of information and operating data so provided. Section 20. Perfection of Security Interest. Chapter 1208, Texas Government Code, applies to the issuance of the Bonds and the pledge of the proceeds of ad valorem taxes and certain revenues of the Center thereto.granted by the County under Section 5(a) of this Order, and such aforementioned pledge is, therefore, valid, effective, and perfected. Should Texas law be amended at any time while the Bonds are outstanding and unpaid, the result of such amendment being that the pledge of the ad valorem tax proceeds or such revenues is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, in order to preserve to the Owners a security interest in such pledge, the County agrees to take such measures as it determines are reasonable and necessary to enable a filing of a security interest in said pledge to occur. Section 21. Further Procedures. The County Judge and the County Clerk, and all other officers, employees, attorneys, and agents of the County and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the seal and on behalf of the County, all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Order, the Bonds, the Paying Agent/Registrar Agreement, and the Official Statement. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Prior to the initial delivery of the Bonds, the County Judge, the County Clerk, and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Order or to any of the instruments authorized by this Order necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Order, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Attorney General's office. Section 22. Attorney General Examination Fee. The County recognizes that under Section 1202.004, Texas Government Code, the Attorney General requires a nonrefundable examination fee be -21- vo!. _3 9 7 Pg. 2331 paid at the time of submission of the transcript of proceedings authorizing the Bonds and that, based upon the principal amount of the Bonds, such fee is $9,500.00. Bond Counsel is accommodating the County by paying such fee upon submission of such transcript. Officials of the County are, however, hereby authorized to reimburse Bond Counsel such amount as soon as possible and whether or not the Bonds are ever delivered and such amount is hereby appropriated from available funds for such purpose. The County is also authorized to reimburse the fund used for such payment with proceeds of the Bonds. Section 23. Other Documents. The County Judge and the County Clerk are hereby authorized to execute and attest to such other documents, certificates, letters of instruction, tax information forms, and other agreements of any kind which, in the opinion of Bond Counsel, are necessary or advisable in order to issue the Bonds and verify that the interest on the Bonds will be exempt from gross income of the holders thereof under current federal tax law. Section 24. Successor Registrar, Successor Paying Agent. The County covenants with the Owners that prior to the time all of the Bonds have been finally retired, the County will provide competent and legally qualified persons to act as and perform the services of Paying Agent/Registrar for the Bonds under this Order. The County reserves the right to, and may, at its option, change the Paying Agent/ Registrar with respect to the Bonds upon not less than 60 days written notice to the Paying Agent/Registrar. Any Paying Agent/Registrar may resign and be discharged of its respective duties under this Order by written resignation filed with the County not less than 60 days before the date such resignation is to take effect. In the event that the person at any time acting as a Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the County covenants that promptly it will appoint a competent and legally qualified national or state banking institution organized and doing business under the laws of the United States of America or the State, authorized under such laws to exercise trust powers, subject to supervision or examination by federal or state authority, to act as such Paying Agent/Registrar, under this Order. Upon any change in a Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Register (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the County. Upon any change in the Paying Agent/Registrar, the County promptly will cause a written notice thereof to be sent by the new Paying Agent/Registrar to each Owner, by United States mail, first-class, postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Order, and a certified copy of this Order shall be delivered to each Paying Agent/Registrar. Section 25. Nonpresentment of Bonds. In the event any Bond shall not be presented for payment when the principal thereof or interest thereon, if applicable, becomes due, either at maturity or otherwise, or if any check or draft representing payment of principal of or interest on the Bonds shall not be presented for payment, if funds sufficient to pay the principal of or interest on such Bond shall have been made available by the County to the Paying Agent/Registrar for the benefit of the Owner thereof, all liability of the County to the Owner thereof for the payment of the principal of or interest on such Bond shall cease, terminate, and be completely discharged, and thereupon it shall be the duty of the Paying Agent/Registrar to hold such funds in trust, uninvested and without liability for interest thereon, for the benefit of the Owner of such Bond, who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Order with respect to the principal of or interest on such Bond. To the extent applicable, the Paying Agent/Registrar shall hold and apply any such funds in accordance with Title 6, Texas Property Code, and shall comply with the reporting requirements of Chapter 74, Texas Property Code. -22- Vol. `� Pg. Section 26. Miscellaneous Provisions. (a) General. Except where the context otherwise requires, words importing the singular number shall include the plural number and vice versa; words importing the masculine gender shall, include the feminine and neuter genders and vice versa. Reference to any document means that document as amended or supplemented from time to time. Reference to any party to a document means that party and its successors and assigns. Reference herein to any article, section, subsection, or other subdivision, as applicable, unless specifically stated otherwise, means the article, section, subsection, or other subdivision, as applicable, of this Order. (b) Titles Not Restrictive. The titles assigned to the various sections of this Order are for convenience only and shall not be considered restrictive of the subject matter of any section or of any part of this Order. (c) Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Order are hereby repealed and declared to be inapplicable, and the provisions of this Order shall be and remain controlling as to the matters prescribed herein. (d) Severability. If any word, phrase, clause, paragraph, sentence, part, portion, or provision of this Order or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Order shall nevertheless be valid and the County hereby declares that this Order would have been enacted without such invalid word, phrase, clause, paragraph, sentence, part, portion, or provision. (e) Governing Law. This Order shall be construed and enforced in accordance with the laws of the State. (f) Open Meeting. The County officially finds and determines the meeting at which -this Order is adopted was open to the public and that public notice of the time, place, and purpose of such meeting was given, all as required by Chapter 551, Texas Government Code. (g) Immediate Effect. Notwithstanding any charter provision or other applicable laws, this Order shall be immediately effective upon its adoption by the Commissioners Court. PASSED AND APPROVED on first and final reading by the Commissioners Court of Brazos County, Texas, this 9th day of May, 2023. ATTEST: County Clerk, Brazos County, Texas -23- County Judge, Brazos County, Texas voi. 3 9 7 pg. 2 3 S EXHIBIT A Paying Agent/Registrar Agreement THIS PAYING AGENT/REGISTRAR AGREEMENT entered into as of June 1, 2023 (this "Agreement"), by and between BRAZOS COUNTY, TEXAS (the,"County"), and BOKF, NA, a national banking association (the "Bank"). RECITALS WHEREAS, the County has duly authorized and provided for the issuance of its "Brazos County, Texas General Obligation Bonds, Series 2023" (the "Securities"), such Securities to be issued in fully registered form only as to the payment of principal and interest thereon; WHEREAS, the Securities are scheduled to be delivered to the initial purchaser(s) thereof as provided in the "Order" (hereinafter defined); WHEREAS, the County has selected the Bank to serve as Paying Agent/Registrar in connection with the payment of the principal of and interest on the Securities and with respect to the registration, transfer, and exchange thereof by the Owners (hereinafter defined) thereof, WHEREAS, the Bank has agreed to serve in such capacities for and on behalf of the County and has full power and authority to perform and serve as Paying Agent/Registrar for the Securities; NOW, THEREFORE, it is mutually agreed as follows: ARTICLE I. APPOINTMENT OF BANK AS PAYING AGENT AND REGISTRAR Section 1.01. Appointment. The County hereby appoints the Bank to serve as Paying Agent with respect to the Securities. As Paying Agent for the Securities, the Bank shall be responsible for paying on behalf of the County the principal and interest on the Securities as the same become due and payable to the Owners thereof, all in accordance with this Agreement and the Order. The County hereby appoints the Bank as Registrar with respect to the Securities. As Registrar for the Securities, the Bank shall keep and maintain for and on behalf of the County books and records as to the ownership of said Securities and with respect to the transfer and exchange thereof as provided herein and in the Order. The Bank hereby accepts its appointment, and agrees to serve as the Paying Agent and Registrar for the Securities. Section 1.02. Compensation. As compensation for the Bank's services as Paying Agent/Registrar, the County hereby agrees to pay the Bank the fees and amounts set forth in Schedule "A" attached hereto for the first year of this Agreement and thereafter the fees and amounts set forth in the Bank's current fee schedule then in effect for services as Paying Agent/Registrar for municipalities, which shall be supplied to the County on or before 90 days prior to the close of the Fiscal Year (hereinafter defined) of the County, and shall be effective upon the first day of the following Fiscal Year. In addition, the County agrees to reimburse the Bank upon its request for all reasonable expenses, disbursements, and advances incurred or made by the Bank in accordance with any of the provisions A-1 Vol. 3 9 7 Pg. ` 3 hereof (including the reasonable compensation and the expenses and disbursements of its agents and counsel). ARTICLE II. DEFINITIONS Section 2.01. Definitions. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: "Bank Office" means the 'designated corporate trust office of the Bank as indicated on the signature page hereof. The Bank will notify the County in writing of any change in location of the Bank Office. "Financial Advisor" means Public Financial Management, Inc., Austin, Texas. "Fiscal Year" means the fiscal year of the County, ending September 30. "Order" means the order of the governing body of the County pursuant to which the Securities are issued, certified by the County Cleric or any other officer of the County and delivered to the Bank. "Owner" means the Person in whose name a Security is registered in the Security Register. "Person" means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization, or government or any agency or political subdivision of a government. "Predecessor Securities" of any particular Security means every previous Security evidencing all or a portion of the same obligation as that evidenced by such particular Security (and, for the purposes of this definition, any mutilated, lost, destroyed, or stolen Security for which a replacement Security has been registered and delivered in lieu thereof pursuant to Section 4.06 hereof and the Order). "Record Date" means the date for determining the person to whom the interest on a Security is payable on any interest payment date of a Security. "Redemption Date" when used with respect to any Security to be redeemed means the date fixed for such redemption pursuant to the terms of the Order. "Responsible Officer" when. used with respect to the Bank means the Chairman or Vice - Chairman of the Board of Directors, the Chairman or Vice -Chairman of the Executive Committee of the Board of Directors, the President, any Vice President, the Secretary, any Assistant Secretary, the Treasurer, any Assistant Treasurer, the Cashier, any Assistant Cashier, any Trust Officer or Assistant Trust Officer, or any other officer of the Bank customarily performing functions similar to those performed by any of the above designated officers and also means, with respect to a particular corporate trust matter, any other officer to whom such matter is referred because of his knowledge of and familiarity with the particular subject. "Security Register" means a register maintained by the Bank on behalf of. the County providing for the registration and transfer of the Securities. "Stated Maturity" means the date specified in the Order that the principal of a Security is scheduled to be due and payable. A-2 Vol. Pg. 237 Section 2.02. Other Definitions. The terms "Bank", "County", and "Securities (Security)" have the meanings assigned to them in the recital paragraphs of this Agreement. The terms "Paying Agent/Registrar", "Paying Agent", and "Registrar" refer to the Bank in the performance of its duties and functions of this Agreement. ARTICLE III. PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by of on behalf of the County, pay on behalf of the County the principal of each Security at its Stated Maturity or Redemption Date to the Owner upon surrender of the Security to the Bank at the Bank Office. As Paying Agent, the Bank shall, provided adequate collected funds have been provided to it for such purpose by or on behalf of the County, pay on behalf of the County the interest on each Security when due, by computing the amount of interest to be paid each Owner and preparing and sending checks by United States mail, first class postage prepaid, on each payment date, to the Owners of the Securities (or their Predecessor Securities) on the respective Record Date, to the address appearing on the Security Register or by such other method, acceptable to the Bank, requested in writing by the Owner at the Owner's risk and expense. Section 3.02. Payment Dates. The County hereby instructs the Bank to pay the principal of and interest on the Securities on the dates specified in the Order. ARTICLE IV. REGISTRAR Section 4.01. Security Register - Transfers and Exchanges. The Bank agrees to keep and maintain for and on behalf of the County the Security Register at the Bank Office for recording the names and addresses of the Owners of the Securities, the transfer, exchange, and replacement of the Securities, and the payment of the principal of and interest on the Securities to the Owners and containing such other information as may be reasonably required by the County and subject to such reasonable regulations as the County and the Bank may prescribe. All transfers, exchanges, and replacement of Securities shall be noted in the Security Register. Every Security surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, the signature on which has been guaranteed by an officer of a federal or state bank or a member of the National Association of Securities Dealers, in form satisfactory to the Bank, duly executed by the Owner thereof or his agent duly authorized in writing. The Bank may request any supporting documentation it feels necessary to effect a re -registration, transfer, or exchange of the Securities. To the extent possible and under reasonable circumstances, the Bank agrees that, in relation to an exchange or transfer of Securities, the exchange or transfer by the Owners thereof will be completed and new Securities delivered to the Owner or the assignee of the Owner in not more than three business days after the receipt of the Securities to be cancelled in an exchange or transfer and the written instrument of transfer or request for exchange duly executed by the Owner, or his duly authorized agent, in form and manner satisfactory to the Paying Agent/Registrar. Section 4.02. Certificates. The County shall provide an adequate inventory of printed Security certificates to facilitate transfers or exchanges thereof. The Bank covenants that -the inventory of printed A-3 Vol. �'�_ Egg. Security certificates will be kept in safekeeping pending their use, and reasonable care will be exercised by the Bank in maintaining such certificates in safekeeping, which shall be not less than the care maintained by the Bank for debt securities of other political subdivisions or corporations for which it serves as registrar, or that is maintained for its own securities. Section 4.03. Form of Security Register. The Bank, as Registrar, will maintain the Security Register relating to the registration, payment, transfer, and exchange of the Securities in accordance with the Bank's general practices and procedures in effect from time to time. The Bank shall not be obligated to maintain such Security Register in any form other than those which the Bank has currently available and currently utilizes at the time. The Security Register may be maintained in written form or in any other form capable of being converted into written form within a reasonable time. Section 4.04. List of Owners. The Bank will provide the County at any time requested by the County, upon payment of the required fee, a copy of the information contained in the Security Register. The County may also inspect the information contained in the Security Register at any time the Bank is customarily open for business, provided that reasonable time is allowed the Bank to provide an up-to-date listing or to convert the information into written fonn. Unless required by law, the Bank will not release or disclose the contents of the Security Register to any Person other than to, or at the written request of, an authorized officer or employee of the County, except upon receipt of a court order or as otherwise required by law. Upon receipt of a court order and prior to the release or disclosure of the contents of the Security Register, the Bank will notify the County so that the County may contest the court order or such release or disclosure of the contents of the Security Register. Section 4.05. Return of Cancelled Certificates. The Bank will, at such reasonable intervals as it determines, surrender to the County, Securities in lieu of which or in exchange for which other Securities have been issued, or which have been paid. Section 4.06. Mutilated, Destroyed, Lost, or Stolen Securities. The County hereby instructs the Bank, subject to the applicable provisions of the Order, to deliver and issue Securities in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities as long as the same does not result in an over issuance. In case any Security shall be mutilated, or destroyed, lost, or stolen, the Bank, in its discretion, may execute and deliver a replacement Security of like form and tenor, and in the same denomination and bearing a number not contemporaneously outstanding, in exchange and substitution for such mutilated Security, or in lieu of and in substitution for such destroyed, lost, or stolen Security, only after (i) the filing by the Owner thereof with the Bank of evidence satisfactory to the Bank of the destruction, loss, or theft of such Security, and of the authenticity of the ownership thereof and (ii) the furnishing to the Bank of indemnification in an amount satisfactory to hold the County and the Bank harmless. All expenses and charges associated with such indemnity and with the preparation, execution, and delivery of a replacement Security shall be borne by the Owner of the Security mutilated, or destroyed, lost, or stolen. Section 4.07. Transaction Information to County. The Bank will, within a reasonable time after receipt of written request from the County, furnish the County information as to the Securities it has paid pursuant to Section 3.01, Securities it has delivered upon the transfer or exchange of any Securities pursuant to Section 4.01, and Securities it has delivered in exchange for or in lieu of mutilated, destroyed, lost, or stolen Securities pursuant to Section 4.06. A-4 Vol. 397 pg. 2 3 9 ARTICLE V. THE BANK Section 5.01. Duties of Bank. The Bank undertakes to perform the duties set forth herein and agrees to use reasonable care in the performance thereof. The Bank is also authorized to transfer funds relating to the closing and initial delivery of the Securities in the manner disclosed in the closing memorandum approved by the County as prepared by the County's Financial Advisor or other agent. The Bank may act on a facsimile or e-mail transmission of the closing memorandum acknowledged by the Financial Advisor or the County as the final closing memorandum. The Bank shall not be liable for any losses, costs, or expenses arising directly or indirectly from the Bank's reliance upon and compliance with such instructions. Section 5.02. Reliance on Documents, Etc. The Bank may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions furnished to the Bank. The Bank shall not be liable for any error of judgment made in good faith by a Responsible Officer, unless it shall be proved that the Bank was negligent in ascertaining the pertinent facts. No provisions of this Agreement shall require the Bank to expend or risk its own fiends or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity satisfactory to it against such risks or liability is not assured to it. The Bank may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. Without limiting the generality of the foregoing statement, the Bank need not examine the ownership of any Securities, but is protected in acting upon receipt of Securities containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Owner or an agent of the Owner. The Bank shall not be bound to make any investigation into the facts or matters stated in a resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security, or other paper or document supplied by the County. The Bank may consult with counsel, and the written advice of such counsel or any opinion of counsel shall be full and complete authorization and protection with respect to any action taken, suffered, or omitted by it hereunder in good faith and in reliance thereon. The Bank may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys of the Bank. Section 5.03. Recitals of County. The recitals contained herein with respect to the County and in the Securities shall be taken as the statements of the County, and the Bank assumes no responsibility for their correctness. The Bank shall in no event be liable to the County, any Owner or Owners of any Security, or any other Person for any amount due on any Security from its own funds. Section 5.04. May Hold Securities. The Bank, in its individual or any other capacity, may become the owner or pledgee of Securities and may otherwise deal with the County with the same rights it would have if it were not the Paying Agent/Registrar, or any other agent. c A-5 Vol. � ' ._�0 pg. � � Section 5.05. Money Held by Bank. A special depository account shall at all times be kept and maintained by the Bank for the receipt, safekeeping, and disbursement of money received from the County and held hereunder for the payment of the Securities, and money deposited to the credit of such account until paid to the Owners of the Securities, to the extent permitted by law, shall be continuously collateralized by securities or obligations which qualify and are eligible under the laws of the State of Texas to secure and be pledged as collateral for deposits of public funds by an instrumentality and political subdivision of the State of Texas to the extent that such money is not insured by the Federal Deposit Insurance Corporation. Payments made from such account shall be made by check drawn on such account unless the owner of such Securities shall, at its own expense and risk, request such other medium of payment. All funds at any time and from time to time provided to or held by the Bank hereunder shall be deemed, construed, and considered for all purposes as being provided to or held by the Bank in trust. The Bank acknowledges, covenants, and represents that it is acting herein in trust in relation to such funds, and is not accepting, holding, administering, or applying such funds as a banking depository, but solely as a paying agent for and on behalf of the Security thereto. The Owners shall be entitled to the same preferred claim and first lien on the funds so provided as are enjoyed by the beneficiaries of trust funds generally. The funds provided to the Bank hereunder shall not be subject to warrants, drafts, or checks drawn by the County and, except as expressly provided herein, shall not be subject to compromise, setoff, or other charge or diminution by the Bank. The Bank shall be under no liability for interest on any money received by it hereunder. Subject to the unclaimed property laws of the State of Texas and any provisions in the Order to the contrary, any money deposited with the Bank for the payment of the principal, premium (if any), or interest on any Security and remaining unclaimed for three years after final maturity of the Security has become due and payable will be paid by the Bank to the County at the County's election, and the Owner of such Security shall thereafter look only to the County for payment thereof, and all liability of the Bank with respect to such money shall thereupon cease. If the County does not so elect, the Bank is directed to report and dispose of the funds in compliance with Title 6 of the Texas Property Code. Section 5.06. Indemnification. To the extent permitted by law, the County agrees to indemnify the Bank for, and hold it harmless against, any loss, liability, or expense incurred without negligence or bad faith on its part, arising out of or in connection with its acceptance or administration of its duties hereunder, including the cost and expense against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Section 5.07. Interpleader. The County and the Bank agree that the Bank may seek adjudication of any adverse claim, demand, or controversy over its Person as well as funds on deposit, in either a federal or state district court located in the state and county where the administrative offices of the County are located, and agree that service of process by certified or registered mail, return receipt requested, to the address referred to in Section 6.03 of this Agreement shall constitute adequate service. The County and the Bank further agree that the Bank has the right to file a Bill of Interpleader in any court of competent jurisdiction in the State of Texas to determine the rights of any Person claiming any interest herein. Section 5.08. Depository Trust Company Services. It is hereby represented and warranted that, in the event the Securities are otherwise qualified and accepted for "Depository Trust Company' services or equivalent depository trust services by other organizations, the Bank has the capability and, to the extent within its control, will comply with the "Operational Arrangements", currently in effect, which establishes requirements for securities to be eligible'for such type depository trust services, including, but A-6 Vol. 397 Pg. 241 not limited to, requirements for the timeliness of payments and funds availability, transfer turnaround time, and notification of redemptions and calls. Section 5.09. Reporting Requirements of Paying Agent/Registrar. To the extent required by the Internal Revenue Code of 1986, as amended, and the regulations promulgated and pertaining thereto, it shall be the duty of the Paying Agent/Registrar, on behalf of the County, to report to the owners of the Securities and the Internal Revenue Service (i) the amount of "reportable payments", if any, subject to backup withholding during each year and the amount of tax withheld, if any, with respect to .payments of the Securities and (ii) the amount of interest or amount treated as interest on the Securities and required to be included in gross income of the owner thereof. ARTICLE VI. MISCELLANEOUS PROVISIONS Section 6.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 6.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Section 6.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver, or other document provided or permitted hereby to be given or furnished to the County or the Bank shall be mailed or delivered to the County or the Bank, respectively, at the addresses shown on the signature page of this Agreement. Any party hereto may change the address to which notices are to be delivered by giving to the other party not less than ten days prior notice thereof. Section 6.04. Effect of Headings. The Article and Section headings herein are for convenience only and shall not affect the construction hereof. Section 6.05. Successors and Assigns. All covenants and agreements herein made by the parties shall bind their respective successors and assigns, whether so expressed or not. Section 6.06. Severability. In case any provision herein shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 6.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors and assigns hereunder, any benefit or any legal or equitable right, remedy, or claim hereunder. Section 6.08. Entire Agreement. This Agreement and the Order constitute the entire agreement between the parties hereto relative to the Bank acting as Paying Agent/Registrar and if any conflict exists between this Agreement and the Order, the Order shall govern. r Section 6.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 6.10. Termination. This Agreement (i) will terminate on the date of final payment of the principal of and interest on the Securities to the Owners thereof or (ii) may be earlier terminated by either party upon 60 days written notice; provided, however, an early termination of this Agreement by either party shall not be effective until (a) a successor Paying Agent/Registrar has been appointed by the County and such appointment accepted and (b) notice has been given to the Owners of the Securities of A-7 Vol FPg. '2 4 2 the appointment of a successor Paying Agent/Registrar. Furthermore, the Bank and County mutually agree that the effective date of an early termination of this Agreement shall not occur at any time which would disrupt, delay, or otherwise adversely affect the payment of the Securities. Upon an early termination of this Agreement, the Bank agrees to promptly transfer and deliver the Security Register (or a copy thereof), together with other pertinent books and records relating to the Securities, to the successor Paying Agent/Registrar designated and appointed by the County. The provisions of Section 1.02 and of Article Five shall survive and remain in full force and effect following the termination of this Agreement. Section 6.11. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. Section 6.12. Certificate of Interested Party. If applicable, a completed Certificate of Interested Parties Form 1295 ("Form 1295") generated by the Texas Ethics Commission's (the "TEC") electronic filing application in accordance with the provisions of Section 2252.908, Texas Government Code and the rules promulgated by the TEC, was previously submitted to the County by the Paying Agent/Registrar in connection with this Agreement. The County hereby agrees to acknowledge such form with the TEC through its electronic filing application within 30 days of the effective date hereof. The Paying Agent/Registrar and the County understand and agree that, with the exception of information identifying the County and the contract identification number, neither the County norits consultants are responsible for the information contained in any Form 1295 and neither the County nor its consultants have verified such information. The Paying Agent/Registrar and the County ,also agree that the transactions contemplated by this Agreement and the respective obligations of the Paying Agent/Registrar and the County hereunder, shall not be modified, released, or excused by the failure of the Paying Agent/Registrar to properly complete a Form 1295, except as set forth in the following sentence. The submission of any Form 1295 by the Paying Agent/Registrar that does not provide a sufficient, basis for the County to enter into this Agreement in accordance with Section 2252.908(d), Texas Government Code, shall result in the automatic dismissal and removal of the Paying Agent/Registrar from its duties and rights hereunder and the Paying Agent/Registrar shall not be considered a party to this Agreement. Section 6.13. No Israel Boycott. The Bank hereby verifies that it and its parent company, wholly- or majority -owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent this Agreement is a contract for goods or services, will not boycott Israel during the term of this Agreement. The foregoing verification is made solely to comply with Section 2271.002, Texas Government Code, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, `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 for ordinary business purposes. The Bank understands `affiliate' to mean an entity that controls, is controlled by, or is under common control with the Bank and exists to make a profit. Section 6.14. No Terrorist Organization. The Bank represents that neither it nor any of its parent company, wholly- or majority -owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer's internet website: A-8 a Vol. Pg.. vA A 9 w https:Hcomptroller.texas.gov/purchasing/docs/sudan-list.pdf, https:Hcomptroller.texas.gov/purchasing/docs/iran-list.pdf, or https:Hcomptroller.texas.gov/purchasing/docs/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law neither the Bank nor any wholly- or majority -owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Bank understands "affiliate" to mean any entity that controls, is controlled by, or is under common control with the Bank and exists to make a profit. Section 6.15. Contract Value. The Bank hereby verifies that this Agreement has a value of less than $100,000 and that the provisions required by Sections 2271.002 and 2274.002 of the Texas Government Code for contracts having a value of at least $100,000 are not required in this Agreement. (Signature page follows.) A-9 VOL — .1% 9 7 pg 4 - IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: Karen McQueen, County Clerk (COMMISSIONERS COURT SEAL) BOKF, NA Dallas, Texas Name Title Address: 5956 Sherry Lane, Suite 900 Dallas, Texas 75225 BRAZOS COUNTY, TEXAS Duane Peters, County Judge Address: 200 South Texas Avenue, Suite 310 Bryan, Texas 77803 SIGNATURE PAGE TO PAYING AGENT/REGISTRAR AGREEMENT FOR THE BRAZOS COUNTY, TEXAS GENERAL OBLIGATION BONDS, SERIES 2023 SCHEDULE A Paying Agent/Registrar Fee Schedule Schedule A EVol39'7 @gj. FW1r:u: W Description of Annual Financial Information The following information is referred to in Section 19 of the Order. Annual Financial Information and Operating Data. The financial information and operating data with respect to the County to be updated and provided annually in accordance with such Section are as specified (and under the headings of the Official Statement referred to) below: (a) all quantitative financial information and operating data of the general type included in the Official Statement and tables listed in the main text of the Official Statement under the captions "TAX DATA" and "FINANCIAL INFORMATION"; (b) audited financial statements of the County, if the County commissions an audit and the audit is completed by the required time, and, if audited financial statements are not available by the required time, unaudited financial statements and audited financial statements when and if they become available; and (c) the data attached to the Official Statement as "APPENDIX A". Accounting Principles. The accounting principles, with respect to the County, referred to in such Section are the accounting principles described in "APPENDIX A" attached to the Official Statement or such other accounting principles as the County may be required to employ from time to time pursuant to state law or regulation. AMENDMENT #3 TO 22-117R -- MOWING OF COUNTY RIGHTS OF WAY FOR BRAZOS COUNTY THIS AIMENDINtENT TO 22-117R, previously known as 20-109 Moving of County Rights of Way for Brazos County ("Amendment") is, entered into and effective this Ist day of May,. 2023 ("Ef#ective Date") through June 30, 2023 ("Expiration Date") by and between Brazos County ("Customer"), and Binford Ag Scr%iccs-C`Providcr') each of which. may alternatively be referred to herein as -a "Part,y"---and collectively- as the "Parties". All capitalized terms in this Amendment shall Gave the same meaning as in lhe.Agreelrient (as defined below) unless otherwise stated herein. RECITALS WHEREAS, the Parties.entered.into that certain original contract # 20-109 ("Agreement") for purposes of Binford Ag Services to provide of the service for Mowing of.County Rights of Way for Brazos County, and WHEREAS, the Parties desire to amend the pricing as set forth in original contract # 20-109. AGREEMENT NOW THEREFORE, in consideration of the above premises, and ether good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the. Parties hereto agree to amend the Agreement as follows: 1.: Changing Fenee.to Fence mowing to S121.37per mile and. Fields or by Dam to $80.00 per -acre due to increased fuel cost. IN «gTjVE$S N1'HEREOF, the'parties hereto have caused this Amendment to be signed by their i authorized. iepresentatives as of the Effective Date. This -Amendment may, be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of executionof this Amendment and shalt be binding on al! Parties hereto. _Ea c t-L �i lA i�ro Title 15 [ 9 a 3 Date BINFORD AG SERVICES Sia rrtttlr•e J tl1 �in�Y ATitrre oV3N--Xy 5 Amendment #3 to 22-117R Mowing of County Right of Ways May1, 20,23-June 3O,2023 riiann Enterprises Services B 11 FENCE TO FENCE MOWING ,$1 21.37-, PRICE PER MILE ''$128.70 SAFETY MOWING .00- PRICE PER MILE $68$79.00 LINE TRIMMING PRICE PER - 07.00 $19.00 MILE FIELDS OR BY DAMS PRICE $70.00 PER ACRE Recommended Award: Binfod Ag Solutions pro�ve,bycohni fission s�Courton.this day of 2023 by `Iiokilng the position of T"C>&F— I o �®I.---�--3 9 � P9. 1) REQUEST FOR BID BID NO.20-;109 Moving of County Right of Ways SEALED BIDS TO BE SUBMITTED BEFORE: Wednesday, May 27, 2020, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4190 Fax: (979) 361-4243 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos.County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following bid for famishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form. Company Name: By (Print): Title: b 1_Q jug Physical Address: Mailing Address: G0� Telephone:(7�P-ro Fax /J/� E-Mail• YJ Yl T© Vol. 3 9 7 pg. ` r Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., May 27, 2020, at which time bids will be publicly opened and read aloud. A. SCOPE OF BID 1. Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment. set forth in this bid request for a two (2), year period beginning July 1, 2020 through June 30, 2022 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING 1. The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All Respondent(s) are required to be informed of these terms and conditions and will be held responsible for having done so: 2. Definitions: In order to simplify the language throughout this bid; the following definitions shall apply: a. BRAZOS COUNTY — Same as County. b. , COM11Z[SSIONERS' COURT — The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Contractor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR -- The successful Respondent(s) of this bid request. e. COUNTY — The government of Brazos County, Texas and its authorized representative. f. SUB -CONTRACTOR — Any contractor hired by the Contractor or Supplier to furnish materials and services specified in the bid request. g. RESPONDENT — Any Supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the Contractor for the period designated. 4. Bids must be received by the Purchasing. Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the Respondents) must have the bid actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any bidssubmitted, and to waiveany technicalities for the best interest of the County. Vol. 397 251 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered. Respondent(s) with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace at hgps://brazosbid.ionwave.net. 7. Brazos County reserves the right to reject any bid that does not fully respond to each specified item.. 8. Respondent's) must include Tax Identification Number for the bid to be valid. 9. Should there be a change in ownership or management; the Contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. This Contract is nontransferable and may not be reassigned by either party. 10. The County may cancel this. Contract at any time for any reason, provided a thirty -day written notice is given. 11. The bid award shall be based on, but not necessarily limited to, the following factors: a. - Unit Price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f References ` g. Brazos. County's experience with products bid h. Respondent's past performance record with Brazos County 12. Although the cost of products to be provided is an essential part of the bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and,conditions of the Contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. i� vol.y ` Pg. 2 5 2 15. This Contract shall be governed by the Uniform Commercial. Code as adopted in the State of Texas as effective and in force on the date of this Contract, when applicable. 16. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Respondent(s) to secure. better price or delivery is welcomed. and may be given consideration provided that the bidder also bids on the quantity specified. 17. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding a contract. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or, contract may be canceled, and the Contractor barred from bidding in future solicitations. 18. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 19. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Respondent Name and Bid Number, to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be consideredif submitted to any other person or department other than specifically instructed. Bids not received prior to the expressed date and time listed in this bid will be reiected or returned unopened to the Respondent(s). Bids submitted to any other person or department other than the Brazos County Purchasing Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid .non -responsive. Failure to complete the. submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the Respondent(s) agrees to comply with HB 1295, Government Code 2252.908,.if awarded a contract. Respondent(s) agrees to provide Vol. � � � �pg. 4,00 Brazos County the "Certificate of interested Parties, "Form 1295 as required, for renewals, amendments or extensions to the Contract. Visit https://ethics.state.tx.us/whatsiiew/elf info form1295.htm for more information. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley e-Marketplace (www.brazosbid.ionwave.net) after bid award by Commissioner's Court. 23. Brazos County reserves the right to extend this Contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions of this Contract, if agreed upon by both parties. 24. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreements) with Brazos County. 1 25. Three (3) references are to be provided by Respondent. Failure to submit references may result in disqualification of bid. Brazos County department references will not be accepted. 26. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 27. Any subcontracting must be approved prior to commencement of the Contract by Brazos County. 28. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 29. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and duality the County desires to purchase. Bids on similar items of like quality will be considered only if it. is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages or quantity of the items listed in the bid. If notation of substitution in not made, it is assumed the Respondent(s) is bidding the item specified. 30. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 31. _ In the event the Contractor is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this Contract to be canceled. 32. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. 33. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address; Brazos County ATTN: Auditors P.O. Box 914 Bryan, TX 77806 ,Statements of accounts will not be .sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or'any other party. 34. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. 35. Upon award of Contract for any commodity or materials purchased by Brazos County, the Contractor agrees to protect the County from any claim involving patent right infringement, copyright infringement, sales franchise disputes. Vol. 397 Pg. 255 36. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper, container so as to facilitate storage and handling. 37. This bid shall. be governed by the laws of the State of Texas and Potential Respondents) and the subsequent Contractor(s) are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 1761 for the details of this law. 38. Venue for any dispute, shall lie exclusively in .Brazos County, Texas, notwithstanding anything to the contrary. 39. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 40. Notwithstanding any provisions contained herein, the obligations of Brazos County are, expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. C. SPECIAL PROVISIONS 1. All deliveries are to be made F.O.B. Brazos County Road. and Bridge Department, during regular working days, and between the hours of 7:30 A.M. and 5:00 P.M. Monday through Thursday, unless otherwise requested by the County and loaded into County trucks by the Contractor, or loaded and hauled and delivered anywhere in the County by the Contractor during the mentioned working days and hours. 2. Contractor will be required to notify the Brazos County Road & Bridge Department in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job, site within two (2) hours of .designated time Brazos County shall have the right to refuse acceptance of the order. Vol. 397 Pg. 211 3. Contractor will be required to deliver to Brazos County Road and Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 4. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Contractor will remove .immediately from the job site or right of way any materials that are deemed unsatisfactory. 5. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). 6. Any Contractor vehicles traveling on County roads will not exceed its legal gross weight. D. INSURANCE REQUIREMENTS 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must -be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: 3. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. 4. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. a. Commercial Automotive Liability with $500,000 CSL for Bodily Injury and Property Damage Liability. b. Cargo Insurance to sufficiently cover materials transported. 5. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 6. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise i� Vol. Pg. resisting such claims or liabilities as a result of the Contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or -omission on the part of the Contractor or Brazos County. R REFERENCES -Respondent(s) shall provide a list of at, least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email. of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Respondent(s) are not allowed to use Brazos County as a reference. Company/Entity: Contact: Phone: Email: jJ Company/Entity: ] t.)\ S Contact: '330- Phone: 0 j0 :? -5; 77 Email: PIJ Company/Entity: Contact: (47 H - ;—AWO Phone: q 7 q- 95? D- S s-/ Ip Email: 0 k F. SPECIFICATIONS FOR MOWING OF COUNTY RIGHT OF WAYS: 1. Estimated Acreage and Miles — Brazos County estimates that approximately 45 acres of sites and 360 miles of County right of ways will require mowing during the periods of this contract. 2. Minimum Equipment Required: Vendors are required to have the following minimum amount of equipment when performing work for Brazos County. Failure to do so is grounds for removing bidder from consideration: a. Tractor with Slope Mowers — one (1) each b. Tractor with 15' Batwing Rotary Mowers — four (4) each c. Tractor 5' or 6' Mowers — one (1) each 3. Contractor shall furnish all labor, equipment, fuel, and supervision to mow or shred plant growth along county right of ways as required. by the Brazos County Road & Bridge Department. 4. The Contractor shall not begin mowing until a minimum of four (4) mowers are in Brazos County. All rotary mowers must be 60hp and equipped with four (4) sections of safety chains or the manufacturer's safety device to prevent damage to property caused by flying debris propelled out from under the mower. 5. The Contractor shall provide all mowers with a slow -moving vehicle emblem affixed to rear of mowers. 6: All mowers shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. 7. Slope mowers are to be used for mowing of ditches and back slopes that cannot be reached by other equipment. 8. 15' mowers are to be used on wide areas and slight sloped ditches. 9. 5' or 6' mowers are to be used to trim and on other areas as directed by the.Brazos County Road & Bridge Department 10. The cutting height shall be five (5) or seven (7) inches, or as directed. 11. County right of ways will be mowed in'cycles. One () cycle equals mowing of entire county road right of ways. The County anticipates three (3) or more cycles per year depending on weather conditions. Vol. 397 Pg. cr 12. All mowing from the beginning of the cycle to the end of the cycle, shall take place within thirty (30) calendar days. If the mowing cycle takes longer than thirty (30) days, the contractor. will be responsible for the full compensation to the County for additional County supplied or hired mowers to finish the mowing cycle. This does not include rain days or other conditions, that are approved by the Brazos County Road & Bridge Department. Additional costs that are accrued by the County due to not finishing the cycle within the thirty (30) day period will be subtracted from the contractor's invoice or the County will send an invoice to the Contractor. 13. The sequence of work shall be established by the' Brazos County Road & Bridge Department. Map and road lists will be provided to establish roads to be mowed. 14. The Contractor shall provide documentation of the mowing date of each road they mowed in the cycle with their invoice. 15. Mowing will be from fence to fence. The Contractor shall mow as close as possible to all fixed objects exercising extreme care not to damage county, public, or private property. Contractor shall be responsible for damages. 16. Safety mowing will consist of mowing the total length of County roads six (6) to eight (8) feet off the roadway in wet soil/weather conditions. Safety mowing will be done only when coordinated with the County. 17, The Brazos County Road & Bridge Department will direct mowing locations, time€rame and acreage. 18. The Contractor shall immediately remove and properly dispose of any debris thrown on the "roadway" by the mowing operation. Contractor is "not" responsible for disposing of debris in the right of way; however, they shall notify the Brazos County Road & Bridge Department of the debris. 19. The Contractor shall observe and comply with all federal, state, and local laws, safety and health regulations, including all warning and traffic control signs, ordinances, and all ordinances -and all regulations which in any manner affect the conduct of the work. Contractor shall, comply with all County, State, and Federal Codes, Laws, in force at the time of award of contract and applicable to such work. Contractor shall obtain, at their own expense, such permits, certificates, and licenses as may be required in the performance of the work specified. 60 Vol. 3 9 7 Pg. 20. All equipment. operating on County right of ways shall be licensed. in accordance with the laws of the State of Texas. 21. In order to insure the safety of the traveling public, the Contractor shall coordinate all .work with the Brazos County Road & Bridge Department. 22. The Contractor shall provide adequate protection- to persons, :adjacent property, and utilities, and shall avoid interference with such persons, property, and facilities. Contractor shall fiunish all barricades, warning lights, and other safety devices necessary for the safety and protection of the public and(shall. remove them upon completion of this contract. These safety and protection devices must be in accordance with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). 23. Contractor agrees to accept full responsibility for any and a1I damages, including damage to County right of ways, public or private property (i.e. signs, fences, phone cables / pedestals, guardrails, etc.), as a result of their operations thereon; the Contractor further agrees to promptly repair such damage in accordance with the Brazos County Road & Bridge Department instructions. Brazos County will replace any and all traffic control devices damaged during mowing (i.e. stop signs, bridge markers). Brazos County shall deduct $318.00 per -traffic device from Contractor's invoice. - County forces, at the Contractor's expense, will repair all damages not repaired by the Contractor. All expenses charged by the County for repair work shall be deducted from the Contractor's money ' due. ' 24. Contractor shall notify the County of any damages immediately. 25. When directed, all railing, posts, fence lines, retaining walls, signs, structures, and other protruding obstacles around which turf grass, rye grass, or weeds can grow must be cleared with a weed eater on the same day of mowing. 26. County will notify Contractor, approximately ten (10) to twelve (12) days prior to the start . of a cycle. 27. Contractor shall notify Brazos County Road & Bridge Department at least twenty-four (24) hours prior to beginning any work cycle. 28. Contractor will confine all operations to daylight. hours. Weekend or Holiday.operations may be allowed, but -must be previously authorized by the Brazos County Road & Bridge Department. Vol. 397 pg. 261. 29. Contractors are strongly urged to perform an actual drive-thru of County roads prior to bidding the job; this will familiarize the Contractor. with right of way hazards and conditions (driveways, signs, culverts, bridges, etc.). 30. Contractor shall provide a company representative (foreman) to serve as a. contact person for field operations; representative shall report to the Brazos County Road & Bridge Department. The representative will remain with the mowing crew at all times and shall be able to converse.in English. 31. Prior to beginning operations, a conference between representatives of the County and the Contractor will be. arranged by the County. - In this meeting, the Contractor will outline the proposed mowing procedures and give his plans for performing. the specifications, unusual conditions, methods for making non -mowing areas and other pertinent items regarding the work will also be discussed. The County shall determine all non -mowing areas. 32. Mowing will not be permitted when, in the opinion of the Brazos County Road & Bridge Department, soil and weather conditions are such that the right of way would be damaged. 33. Equipment shall not be left within -thirty (30) feet of the travel lane during non -working hours. 34. Payment to the Contractor for services rendered will be made based upon the completion of a cycle (lump sum per cycle) and the submission of applicable invoices. By Texas statute, Brazos County will pay the vendor for services provided within thirty (30) days from the Auditors' receipt of the invoice. 35. There. will be mowing that is required in fields and by dams with the Brazos County. It will be required that the awarded Contractor charge a per acre cost for these projects. The quantity listed is an estimated quantity and is not a.guarantee. For maps of field locations, see Exhibit A. 36. Brazos County reserves the right to add and/,or delete roads and streets. Prior to roads and streets being added, Brazos County will evaluate with the Contactor. 37. Wildflowers: The Contractor shall conduct all mowing operations so as to avoid clearing or removing stands of wildflowers before the seeds have matured, unless otherwise directed by the County. vol. 397 pg. `�662 38. Brazos County reserves the right to inspect the work under contract at any time for final acceptance. 39. Brazos County does not assume responsibility for any materials, tools, and/or equipment stored on or about -the premises. The Contractor upon completion of the work shall cleat each area of all items. 40. Daily Cleanup: The Contractor shall confine to the site all materials and refuse generated by his operations. Materials and/or equipment, which are stored on -site, shall be stored in an orderly manner. Materials, which become scattered in adjacent areas, shall be collected and returned to the site or otherwise satisfactorily disposed. 41. Responsibility for. Property: Contractor shall assume full responsibility for any loss of or damage to private and public property by employees or agents of the contractor and will reimburse the private orpublic entity in the -event of any loss of or damage to said.property. Brazos County shall not be responsible for loss or damage to contractor's property from any cause. 42. Assignment: Contractor shall not sell, assign, transfer, or convey these services; in whole or in part, without the prior written consent of Brazos County and as a condition of such consent, contractor shall remain liable -for completion of the services in the event of default by the successor contractor or assignee. EVOL97 Pg.`Z633 G. CONTRACTOR INFORMATION Bidders are required to complete the following information. This information may be utilized to determine the award for this contract. 1. 1List the type, age, and number ofpieces of operable equipment to be used for this contract. MOA A/P 2. Number of years in business: f 3. Will your company subcontract mowing on this contract? Yes: No: If yes, list all potential subcontractors: 4. Contact information for the Representative or Foreman that will be the primary contact 'for Road and Bridge and be on each job for the contract: Name: �,l ! I —6T V 1(vV O� Office Phone #: "l _� O - ,� 5J (o Cell Phone M _ cj .% & 1�- 7 D 8 S- 5 rP Email: S. Emergency Contact information in case of emergencies (must be a 24-hour contact): Name: Cell Phone #: qJ 6 Vol. 397 Pg. . `�,€ I H. QUOTATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. Quotations are to be submitted using per mile per application basis. 1. Brazos County fence to fence mowing of total length of County roads: Est. No. of Miles Unit of Measure Unit Cost 360 Mile O A T 9 • O-n l Mile 2. Safety mowing of total length of County road six (6) to eight (8) feet off the roadway in wet soil/weather conditions. Est. No. of Miles Unit of Measure Unit Cost 360 Mile / Mile 3. Line trimming of total length of County roads adjacent to all railing, posts, fence lines, r retaining walls, structures, and other protruding- obstacles around which turf grass, rye grass, or weeds can grow. Portions of County roads may be weedeated only when directed by the Brazos County Road & Bridge Department. Est. No. of Miles Unit of Measure Unit Cost 360 Mile . v a /Mile W 17, 4. Acreage in fields or by dams on an as needed basis. Est..No. of Acres Unit of Measure Unit Cost 45 Acres I # 61- 0 O /Acre Vol. 3 a .._._._.__pg._� 2 � � I. HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting' Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://Www.sauLgov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding:entity and its principals are eligible to participate in this transaction and have-not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in 'Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this Contract. The company representative below further.affirms, that the company submitting this bid, under the provisions of Subtitle F, Title 10,, Government Code Chapter 2270: 1. Does not boycott Israel. currently; and 2. Will not boycott'Israel during the term of the Contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel' means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict. economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and . "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly, owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: Authorized Company Representative: ~�j(,1 It Address: Signature: Date: Contract 0: 0(o vol. pg. �� 6 E J. CERTIFICATION OF BID The undersigned affirms that they are duly authorized execute this Contract,. that this bid has not been prepared in collusion with any other vendor and that the contents of this bid have not been communicated to any other vendor prior to the official opening'of this bid. Signed By: Typed Name: W i J 1 ?i (I ' Drd Title: 6 OnA,�r Company Name: . if )t�f� tby- 0\mod` >yc Ut r . s Phone: C 7? G -- Mailing Address: I ,��1 �j Cle— �) c�va5v; ! x 7 ?� Email Address: /Y7 Vendor Tax Identification Number: 18,P — Q 15 S'Sa % END OF BID REQUEST NO.20-109 1 By signing below, Brazos County agrees that this bid, 20-109 - Mowing of County Right of Ways, will be awarded as dictated on the associated bid tabulation sheet, to the Respondent whose name appears awe-s oth parties agree to terms and conditions contained herein. Brazos County Commissioner's Court:_0e, qZ16 JUd Date: Attest; Vol. 397 pg. 267 7 Brazos County Purchasing .Department 200 & TX. AVE., STE 352 BRY^. TX 77803 PHONE (979) 361-4292 FAX (979),3614293 Addendum #1 to BID # 20-109 Mowing of County Right of ways Issued: March 9, 2020 Change: Added the map of the County Roads that need to be mowed per the -contract, please see attachment. Reason: Requested by multiple vendors. This addendum should be.signed by an authorized representative of the respondent and returned with the -bid documents as specified` in the bid. Acknowledgement of Addend Signature: Printed Name: Vol. 3 9 7 pg. 2 6 Brazos County Purchasing Department 200 S. TX. AVE, STE 352 BRYAN, TX 77803 PHONE (979) 3614292 FAX (979) 3614293 Addendum #Z to BID # 20-109 Mjwml of County .Right: of Ways ` Issued: _ March 18, 2020 Change: Bid opening date from March 19, 2020 to April 2, 2020 Reason: Due to the .current health concerns, it is in the best interest for the public and Brazos County to postpone this public bid opening for two (2) weeks. Bids will be due April'2, 2020 prior to 2:00.pm. Please continue toMonitor bidding website and emails for updates and/or changes to this bid. This addendum should be signed by an authorized representative of the respondent and -returned with the bid documents as specified in the bid. Acknowledgement of Addendu • 'n J Signature: •j\sl Printed Name: ` Vol. 3 9 7 pg. 26), BRAZOS COUNTY MASTER ARCHITECTURE PROFESSIONAL SERVICES CONTRACT - 2022 PURCHASE ORDER No. 23.03 — BRAZOS COUNTY CENTRAL RECEIVING FACILTIY This Purchase Order No. 23-03 ("Purchase Order") is entered into between Brazos County, Texas ("the County") and BURDITT CONSULTANTS LLC ("the Architect") on . 2023 under the terms and conditions established In the MASTER ARCHITECTURE PROFESSIONAL SERVICES CONTRACT between The County and The Architect dated September 20, 2022 (the "Agreement"). ARTICLE I PROJECT UNDERSTANDING 1.01 Conceptual, Preliminary, Final Design, Bidding and Construction Contract Administration Services for an approximately 14,000 SF central receiving facility to consolidate and organize the current and future logistical operations of the County. The.proposed project site is understood by the Architect to be an approximately 4.28 acre lot owned by the County, located at: 1821 Sandy Point Rd Bryan, TX 77803 The property is partially developed with established driveway access and parking to be expanded and/or shared by the new facility. The following minimum preliminary program summarized below was established during a meeting with the County and the Architect: a. Unconditioned (fans and heaters only) warehouse with space for 300 pallets total, stacked 3 high b. Conditioned warehouse with space for 150 pallets total, stacked 3 high c, Two (2) bay Loading Dock to accommodate semi -trailer trucks d. Two (2) private offices e. One (1) unisex restroom f. One (1) small breakroom g. Two (2) bay SWAT vehicle garage (pull through, unconditioned) h. SWAT storage (conditioned, potentially bullet and/or blast resistant construction) I. Covered parking for up to fifteen (15) vehicles/trailers j. Uncovered parking for fifteen (15) vehicles k. Space for two (2) Conex Storage Containers 1. All necessary miscellaneous service spaces (mechanical, electrical, IT, utility rooms) for a fully operational and code compliant facility. 2. All necessary exterior site improvements, including building and site utilities, site/parking lighting, stormwater management, minimum landscaping and irrigation requirements, and perimeter security fencing/gates. 3. The anticipated total construction cost of the project is $3,000,000 based on a Pre -Engineered Metal Building design and the preliminary total square footage indicated on the program summary attached as "Exhibit B". ARTICLE 11 - SCOPE OF SERVICES (A) The Architect shall provide all applicable services described in the Agreement, and listed below for clarity: (B) Architecture (C) Landscape & Irrigation Design (D) Civil Engineering (E) Structural Engineering (Foundation with PEMB Delegated Design) Burdltt Consultants, LLC — Page ofjt Thursday, April 27, 2023 397 270 (F) Mechanical, Electrical, and Plumbing Engineering For the following Phases: 2.02 Design Phase (A) Conceptual Design (B) Preliminary Design (C) Final Design & Permitting 2.03 Bidding and Construction Phase (A) RFQ Preparations & Evaluation (B) Construction Observation (C) Project Close -Out 2.04 Supplemental Services: (A) Services include certain project requirements potentially necessary for the fulfillment of the Basic Services, but which are treated separately from Basic Services due to unknown need, timing, scope, and/or cost which are indeterminable at the outset of the project until preliminary design matters are determined. (B) Such requirements will be determined collaboratively between the County and the Architect throughout the project duration. Any of these services which the County determines should be addressed as Supplemental Services by the Architect will be followed by formal proposals from subconsultants to be approved by the County with costs reimbursed to the Architect plus applicable administrative markup fees. (C) A separate budget will be established in the Fee section as a limit for which any required and approved Supplemental Services will draw down from that limit. Services required beyond the original established limited that arise beyond the Architect's reasonable control will be scoped and negotiated with the County as Additional Services following applicable provisions in Article VI. (D) For this project, the potential supplemental project requirements anticipated to include: a) TDLR Registration, RAS Review & Inspection —Required by State and Local requirements for TAS 2012/ADA Compliance Certificate. ARTICLE III DELIVERABLES 3.01 The Architect shall provide electronic plans, specifications, and Opinions of Probable Cost as required for each applicable phase and as described in the Agreement. Paper copies may be provided upon request by the County, and within limited quantities agreed upon prior to printing. ARTICLE IV SCHEDULE 4.01 The Architect shall complete the design phase (ARTICLE 11, 2.01, A through C of this Purchase Order) within 180 calendar days of notice to proceed (NTP) date, established upon acceptance of this Purchase Order by the County. Project Schedule is subject to modification due to changes in Scope or absence of required County approvals to complete the Project design documents. ARTICLE V COMPENSATION 5.01 The total not -to -exceed amount payable by the County under this Purchase Order is a Fixed Fee / Lump Sum of $242,000.00 and shall be invoiced as a percentage of completion and as summarized below: Basic Services (as listed in Article II), Proposed Fee Schedule: (A) Design Phase (B) Conceptual Design(15%)........................................$36,000 (C) Preliminary Design(25%)........................................ $60,000 Burditt Consultants, LLC _.__ Page 2 of 3 Thursday, April 27, 2023 Vol.-2!7-- Pg.' (D) Final Design & Permitting (35%) ............................. $84,000 Subtotal..............$180,000 (E) Bidding and Construction Phase (F) RFQ Preparations & Evaluation (5%) ...................... $12,000 (G) Construction Observation & Close -Out (20%) ........ $48,000 Subtotal..............$60,000 Supplemental Services: Any anticipated Supplemental Services will be discussed with the County and followed by a scope and actual cost proposal from the proposed subconsultant. This proposal will be submitted to the County for approval prior to engaging the subconsultant. No Supplemental Service cost will be invoiced to the County without prior approval for engagement of the subconsultant, billed monthly on an actual cost incurred basis plus 10°o administrative markup. The following individual Supplemental Services amounts are scheduled to not exceed the probable costs in the following budget (includes 10% markup costs): (H) TDLR Registration / RAS Review & Inspection $2,000 Subtotal ..............$2,000 ARTICLE VI OTHER PROVISIONS 6.01 The parties agree to the following provisions with respect to this specific Purchase Order. (A) Any services rendered by the Architect beyond those described in ARTICLE II shall be compensated as Additional Services on the same basis set forth in ARTICLE V, or on an hourly not -to -exceed basis at the hourly rates set forth in the Agreement. (B) All terms and conditions of the Agreement are incorporated herein and shall control in the event of a conflict with this Purchase Order. The County and the Architect hereby agree to the terms and conditions of this Purchase Order as of the date set forth above. The individuals signing this Purchase Order represent and warrant that they have the power and authority to enter into this Purchase Order and bind the parties for whom they sign. THE COUNTY: THE ARCHITECT: By: Name: (X&Ort`! t P- 'E-0CM-S Name: Nathan Brandt, AIA, RID, CSi, NCARB -1 Title: C-0 Lt0 Y -)LA-0 DG Title: Director of Architecture Burditt Consultants, LLC y� ry Page-3-0 Thursday, April 27, 2023 Vol 3 -9 ( �g `y N WBURDITT Brazos County— Central Receiving Facility """'"'`. Preliminary Program, Exhibit B •TOTAL Non -Conditioned (Heat OnIA Warehouse, 300 x 48'x 48' pallet spaces, back to back, 12 foot aisles 1 50 100 500D Conditioned Warehouse, 150 x 48' x 48' pallet spaces, back to back, 12 foot aisles 1 30 100 3000 Loading Dock 2 40 2D 1600 Area Subtotal 9600 t w q 1 -Wilf. .-e� l;�"' �:;:- . aI ' Vestibule 1 7 10 70 Private Office 2 10 12 240 Restroom 1 7 10 70 Break Room 1 10 15 150 Janitor/Storage 1 6 10 60 Area Subtotal 590 ccxltr� - -- #t«.:�.'f�.`'�2!•ii:YttYSr'. _,.•_- �:1�^�"t"'Sal �'"f`.:SC.'f'.ti•��-`c5�i�:"..ac�£x7rk X ��:��.7`.�'.v?4� Conditioned SWAT Storage 1 20 20 400 Non -Conditioned (Heat Only) SWAT Garage (2 Bay) 1 40 40 1600 Area Subtotal 2000 Mechanical Room - Offices (Warehouse HVAC on Roof or Package Units Outside an Pods) 1 8 10, • 80 IT Closet- 1 _6 10 80 Electrical Closet 1 10 15 150 Area Subtotal 310 _ Subtotal 125DD Circulation/Structure 1500 Total Estimated Area ISM 14000 -REPLACEMENT 0F.PNEUIAATIC.TU13E SYSTEM.AT:I3RAZOS COUNTY TAX, OFFICE SERVICE-CONTR:ACT- BRAZOS COUNTY P'URCHASLNG DE PT. 200 S. Tetas.Ave:,.Stc. 3a' Contract:N'o. CIP'23=590 l3t-yan, Teas 77g03 Pagel of 11 Pages . `1'elepl one (9-.79).3614192 61 NI+;RAL REOUIREIME;NT EO.XCONTRACT l> Amber Mayes as � duly authorized'representative of Quick Tube Systems; Inc. Coritractoi" rvillingiy`ajtest to pex orm (or delrvei}:as.per Eal�'iUit•A::for Brazos County. `i further ag ce to.all of the provision§..andspect0fcai this contairledi in -this co#U44 t. PROJECT TIMIMINE Project will start`upon receiving ptinbase .order and`will be completed > .y Septeinbei :30; 2023. ;P,REVAILING WAGES AATES The Contractor shall he,., esponsi.ble f6w follo«�ing :all, :provisi�r s. of Chapter .2253 of the Government Cade relating to the payri etit of prevnilitig, wages. The wage rates fo'be used are inelud.ed. in E4It B attached. A Contractor oT: subcozitrtictor. who. violates this section• shall pay Rtazas County, $60 for each -Nvoiker .emptgy. 0 for cacti calendar day or part of "the day the vvoiker.rs paid less than tile, wage: rates stipulated ih, Eih'ibit 13,. ` ASSIGNMENT `Thesticcessfiil offeror r AY'not assign; sell_o.r otheri.'§e trtensfdrthis,conttact without wnften."perrnissioii. of Brazos County Commissioners Court. `Should there be: a change in oWn6rship or mairager - ent, the cciirleact shall . be tcrmiziated unless. a i titual-agred.mont is reached with the; ne y Owrker -or ;manager to . continue the whirac.t with its present pro .isions.°and ,prices, A`fi'ARI) Brazos County -reserves the r.igllf to award fihis cantract.on the E?asts of LO`VLSTA41) BEST OFFER in accordance with the laws of the:State:`of:I'exas, to war.ve any. forirtaiity or:irregularity, to, make awards to more than. one oMror,"to reject; any Or. all bids. The County reserves 'the trglit to acceptor reject in part or.in wl;ole; any :IQs subrriittetl, and to waive any tcclirucalrtres:for thb, best iterest:of th,Kounty. RUDDERS :"SPONSIBILIT ft.is the bldde-r's sole responsibility° to. -Print- and -review all .pages- of the bid docutnent,.,attachments, questionsand responses,: addenda, and.special.no ices. T1te.-Certification of Bid `Forin-irtiist be completed tci include, fill firm name, mailing address, telephone riizinb:er, email- address; Vendor 7'ax;Tdentiircation number and:. signed .by an authorized_:.representatve of die firm...Failure to provide signature on the Certification;of-BidFor..m tenders bid non-responsive..Failure,to;complete the:siibriiission,of all required forms, itr.cluding but not limited to —the Reference -gage,, I-Pgislative- Certification R- :Debarinent- Verification form, Questionnaires .(When.ap- licable)s Adds" -d (i:ncluding re�jised forrris); attd:ariy other specified_foims or documents mity-be, grounds far-r ection of `entire. bid. Eiy submitting -a response to this -solicitation, the: bidder:.agrees to. comply -with F B 1295; Gover.riment Coc1e 2252.909. Bidder agrees Vol. 397 pg cy 1 7. . . .... .BRAZ68 COUNTY, TEAS C9 . piptet No.. CIP 23 i590 page 2 of I.1 P99es to.provide Brazos. County the "Cettit.4cite)f-Interested ?arties''i'F orm 1.295 as required, pending award;, i bics.state.tx.us/w 1.2951tin. -renewal; amended. Or extended contract. Visit 114s: /et .us/whatsh .2 . . 6f_ 6 ... . — for more information.. In. th6, event. needed Change ir.i,the.-.Apecifications' gent to.. the bidder, it.A.s. understood that'all the foregoing terms sltall,aPP ly:tothe adderkdtu.npraddenda. - a :CONTRACT OBLIGATION. up, - other . person Countyd, the contract and WaZos Go T Judge, or o CommConimissioners. Court must mv ty authorized by �Brazos County Cqmmis s*j . Qners-C.ou.4,"Must sign. the contract before it becomes bindinQ.on. rs contracts for BfAz6§. U �'ty 'De par Co "fi or the -offerv, pdifinent heads are NOT authorized to sign .County. Bindirig contracts shali remiit� in effect until. tsandjqi� services covered by this Pe d. -p!4ych,qse: have. bee fin fly delivei .Q,U, ANTITIES The-qbantities -specified, -in this contract *are estimates.., only. .Brazos guarantee County.. does C,11aranfeb td purchaseany minimum qqantities or services -olli6r..thad th6§e.liAd.d on a--pqrg*hase"brde'r. - - HOLD HARrvILESS AGREE ME, NiT Contractor, the -successful .-.o,ffetor,'sh11.'indemnify ftfidho'ld Bfazos;Co.untY -harnilegs-from.41.1 claims -for "a,. personal 4 -R".U'...T.Y, death kid/or _property. damage _resulting directly or indirectly froffi contractor's porformance. Contractor shall procifre,and nuiintain, Withrespect to. the subject.matter of this bid num rh 1i avid -property ,damage with Appyppriatip insurance coverage ihcludii�&, as. a, rnu pub c liability a err" � fidbility.as arise directly or ihidire6tlyfrom -wo performed adequate: Ift-nits ra cover contractor's may. C�c under terms - of this -contract. 'Certifiedti0p of such. cbverag& must be provided to Rrazos- County upon ,request.. INSPECTIONS & TESTING Acceptance ..of merchandise, work, and/or equiprqp4t: providO shall. be made .by .Brazos County .at the .sole discretion- of the Commissioners.- Coiirt*.. when .all forms 'and- conditions o . f the contract `and including the submission to - Br.wzos County. specifications have been met -to its satisfaction, -of a0 °zifid all documentation as may be required.. Title and; Risk of Lossof:tl good" $hall not pass to Brazos County until the:C-dunjy*-actua1lY accepts ,and takes possession -of the gbods...at the point -or points of ADDITIONWODIFIQATION OF LOCATIONS SER.WCES Brazos 'Qount*y--.reserve& the he right to add. locations as- these'.addifl.pnal -locations m#. be' reqdired-. Locations to be: added mky,iftclude' biitno't limited to; expansions or- additions to -existing facilities and. qccjtii s_itioift. of.--corkstivetfoin zof ii6w properties. In the event Ghat Brazos* County makes- significant structural. chariges to an,existing facility that ini 6c, the .contractor's cost- id- providing the services , anticip"ated by this-c the procedures ontfact such may be treated as a now and. provided `fair intbis-sectioii.may-*be.f6llow'edimdetprtri nmgjnappropriate price, Inthe-event Rrazos:County- wishes to add other locations to-a.grQqp under the contract, aluotiltion-wil-I be solicited ' from the incuinb.entcontractor -iii good standing :fair the gmitp in'Which the. new; location .is. appro . pridtely%s.ituatcd, - 7 5 'Vol. 397 pg- Bi.ZAZOS COUNTY;. TEXAS CojjfrM No. CIP123-890 .g.6 3-664.1page - S In rmI the event. Brazos County .shall. s.elLa*b vacate, ttiddi),..grotli6rw.ise.'di-spos'eorte 'nate-A location to . which the -qpt1Wftct.qpp)i .;all exi-stang,,:.-Cobtfacts. for services applicable to such tocatio n. portionof. locations is terminated. All portions of tho.�.cmttact-.wilt this contract. that applies - to such.. i.-.em.aimng o..,.. remain intact. !3ru!- os -Coi.inty. will ehd.eaVor. to give ffie �6oi . itract& written notice. of such termination; of locations ahiihin-itim of thitty,(30) days id advance.. SU,13C.ONTRACTING Afiy subdotitracting must be.ap .proved-pr prto commencement of flie Co.rif.fact by"Braz6g.:County. .INVOICES, & PAY .9. ;Payments to cQ ' njracto.fs not bbrriade* if th6 contract6r cannot produce:.4'.B.i@'7os, Couhtv .Purchase" 'Order., Contractor8'fit Iit an .original ginal invoice -on each purchase aseQrdcr or purchase r leaseafter-, each delivery;u order ner. t- be Mmized. Any invoice,.Nvh*' I. indicatin **(h purchase- � d ..,irib' . nvoices must .cannot be, verifed by the -edntract.,pried.. andlor'Is otherwise 410170qt, -NR be c 0ected by the' 6 contractbr. Brazos. C' uilty will. only, be rq q uire opc ply - f6r.materials:'4ctually received _. detupffly- pto-viddd. 0 re se vices d6saibpd. in the Bt0_,0sC�unty*s�6ll--not.be. quiied. to- pay Tor -materials: qr, T -ontract diat.''a-'re-, -not. used or-.. provided by -tlie -wiltractok 'in completion of 'the- conifa0t. This term supersedes any contrid:ictitig.teri-ns*tllroiigho.titthe dontriittand/or anyattachments. factor '.Mien �rnultiple deliveries and/or services are requiriA, the. d* fa i ffidy .invoice following each de. . livery, or perfordidnc dof service and Brazos -Cotinly will pay -on invoice -with in thirty.thirty.(3-0) days- upon re - ceipt of invoice,. Contracts providing 'rot -a monthly charge Will be billed afid paid on, a, monthly basis only, The. contra6tor. -xvill :'provid li-I nth 'imwhich Brazos County is responsible .forw.an.Jnvo.ic� for ON mo payihent, d.0tinthe duration .of tho"ou.tetPrior to any an all pqyn6hts ma e for �g66ds aftd/bk services provided- utdtrthis: QQntrqct.jhe contrfqdto'r Miduld:provide their 'TaXpayer Identification I�Iumbj& or ---Social. 86curify nuriibet ais.aj)plicable: This fiftor-m'ui'6n-::nIust be:.O.n.. file witiI.Brazos County, Auditor's office. Fii;ildr� to provid'e'this . Inf6rination may result. hi a. delay ..in ljavme.nt. and/or back -tip :withlidIding, oxecuired..by'the Intcrrial. Revenue. Service. PkICING'- Prices for 411 goods andkif. services shall bd firm:Por-the duration of this. (,miitract and slia. .11*'be stated. 61 the Pricing/Delivery. in.f6r-mation:form, Prices,shall: be-all.. inclusive*:. N o.Pjri&.ehangds- addWori9j. or ku . bsequen'Cqualificati'dW iAll'be, h6h*oeedduring -g.the' th course, of -the--codiract. 'All prices must be - i... written in. 'ijnk:or typewritten. V.ricin'g can. all -t7an5portation, freight, Arayoge. and othek'dh6fges are to' be additional -6 charges of .d included kin4, pr6paid.by,the conitraq-.or,ap.. in the N4-:IgI6�s.jf thei.6-4r� aij�'adjd_ffi.. hak s dicate " - d other_than' ffidsp rndritioh6d above, specified- ot.u4specifidd, offerpr Wf ST In the items r'equire, and attendant . L . costs of forfeit .. . . the righ. Vt . p .payment for-.s.uch. :i .*t em s. . 'Where:':unit Pri ci h 'and extended pricing djffqr�,. unit pric#-ig prevails- TkXES Brazos Cousity i8 6Xt*t rb -f m Al -federal dxcisej,.state and.1ocal: taxes. unless otherwise stated in this . ti I *� ill all sat AAdlor use taxes under Texas Tax Code contract. Brazos: Comity claims exerrip -oi ...fro es §151.50q, p ameifded.. -Te?�4s.Lim.ited Sales ales T-ax. .6.=pii'On Certi.ficates will be.fq.mished upon written - - - rdqVe8tA0 Brazos Cotuity.Purohasing,- Agent. Vol. 3 9 7 P g cy BRAZOS--t-.OUNT-Y-, TEXAS. .6nkrike.'t INo.. CIP 1, 3-590 Page 4.of'! f Pages GO)EWNINGG FOR -FOR py'.61quon Count In. the ;event ;of :an conflict of p" f 6n), part this overall contract; 'B-k.4zo.s o.n " s -interpretation' shall '66Vern" ITf the eveht'6-f a cdnffict between'the terms, conditions, provisions, .arid specifications of this contract and any oihe.rterms; .Qopditi..ons,provisions, and spe6ifleati.6n.81brovided. ley the -contractor; the, t'erm9'.q.f this. contract shall -supersede". GOVERINLNG'LAW. AND VENTUE T . his -bid . solicitation. , I is governed by the laws of the: State of Texhs specifical . IYjA the competitive bidding requirements of the -Couqty Purchasing Act, Texas Local Government Code, _-§26.2.021..e! se.q.,, as amen&d. Offerors shall c6mply with all applics.ible. federal,... state and local laws: muf regulations:Offeroris-fdrthor advised that theserretluirements shaif be fully -7a erned-by,thelaws of -the -State. of Texas and that Brazos County.iyiay repest arid. rely --on 4dvice, Ac6si6ns- and "inions of the Attorn6Y General of Texas and Brazb's .County Attorney concerning and portion ofthd.se requirements. Potential vendors areadvised.they.-play have disclosure. requirement pursuan,t _o. Texas Local Governineni Code, chaptei 176-., This law f&4 res pe tso'. n's',de§iri-ng to.. d6 busihu;swiththe Coity to disclose any gifts that unty, County- Official- to have an aggregate valise: in excess of $2-50.670'giveri to. any employee offhe Co Off -9 the County, cial's far4ily -rn6mb6rs:,-or-_eM . p . 10'- '.of any-.difiplqyoe of . tliq C.- ounty, - Count), Of fli-cial ymqpt or the CdWity Official's family rhenib efs: during the preceding (I twelve pion i period. The:disclotufe "tl qpestionrfaiie. must be. ..filed.. with the -B r-azds -totp6 Clerk. Refer to Texas Local Gov6MM611t Code, Chapter 1,76 f6r. the d6t6ils bf AM8 law: Bidder onddr8taiids. that `Brdz, o-'s- C6:(u4 isla.-governmelit.subiect to Texas State and Federat public -inforination_:slaftfta. Venue Shall fie exclbsiyely in Brazos County.,. Texas, ny a notwithstanding ' anything thc�-coiltrqq. , COMPLIANCE WITITLAW The Contractor's Work dnd_.matQrial.s..shdlI cdmply'N.vith'all state and federal javVs, municipal ordinances, regulations, and directions of-inspectors'appointed by-pr6per authorities having jurisdiction, The Contractor -shall - 'perfbt mi - and. -feil'ifire allto perfbr�h tlioi work in accordance With applicable: laws, codes -.;ordinances, and rqguIa:d'pIIs.:-6f the -8tate.of Texas and the United States and in apply to i��employees: compliancecompliancewith. OSHA--�-'Aad dtliQrt laws: as they ap*p., Iii 4116event any of the .conditions of - the specifications -violate tiie code 66T any industry, :then such. -code conditions shall prevail: The- CdntrAdi6r "shall follow -:all applicablee an state d federal Rlws.- municipal ordinances,_ -and Guidelines idelines concerning g6lf erosion. and. sediment control thro.pghq.Ut the Project.and warranty -term. DISQUALIFICATION OF OFFEROR Tlpon signing this contract; t offeror -offering --Iq tell P suo services, or equip -Brazos Couhtycertifles: that the off6ror has not violated the antitrust .IdNvs-o'fthis .."state codified in. -Tens Bbs.iness and, ComrneN,,d., et- seq., as-pmended, the federal- :antitrust laws; and: has not .commudicat6d direetly'':o'r"i*iidirect'li th -bid rhadeAb'anwcorngetifor-or any engaged in such e person litre -of business. iness. Afiv or at, bids .m .may Ee.rqjeqted if',Br s County -beli eves.tlmt colusion,exists among - the off6tqrs.-Bids- in. wh��h.theptjcesarobbvibusN u6balaided'maybe rejected._RequdsO to withdraw .-submitted: bid -Or proposatare. subject to the appio.tval!0 rthe Purchasing Agdn-t... cy Vol. pg. Con.tract..No. CIP 11-590 BRAZOS COUNTY, TEXAS. Page 5 of 1`1 ;Pages SEVERABILITY If. :any section, subsection, paragraph, phrase o', Ny 6f-theso'- g .ji, senteftt.6;.. clause; r word feq zireriients or the 8- portions of -the. specific�alio_ns shall. be held invalid, —U,6 holding shall not affect tho remaining porti se requirements.nd . the. .spcp . specifications. ications. and'it,is.1-tereby declared. that. such. remaining portions :Would h4ye been included 'in th6J6_,rgqUiremdn:ts*,-aiid: the specifications As though the 1tiva-lid portion. bad been omitted. SILENCE' " SPECIMMONS in is* n I orn, 11 o - Theapparorit.silence-.ofSp fications, as to, any -det -ort the aren' :o ail i.13p f a detailed ri . pti . ojn.. . q6 . n6&rn. g :bejeg �'ddd-a 1; & meaninj�4-fi4 -only 'the :"best.-'e"onniiei*(,,iaI practice is des,c .. in'-4q..pgint;-sh14ll- . .. ar 'y to prevail- and. that only material. a:n-d woiRiffaftship af't-hel.--,,fin(2;!�t.-.qual.!,ty are ---to be used. interpretations t . erpretation. of speci . ficatio-os—s..hall. 1),e made- P'wthd- basis of this st,�teiiidfit, Tlie items -ffiffii "lied under this contract -shall be hew,, unused of the.latest ptodut in production to commercial trade and shall be of the highest quality as to materials used slid workmanship, Maniffacturer furiu.shihg'thesdJtems shall" be .ex,perienced'in.design an.d.con-80-uctiol'I'6f such items and shall be an estabfisljed supplier of the item bid.. TERM NATION Braz6s. CountY reserves1he right to taftnihato the -contract foi-Aeffidt if offeror breaches anyofthe terms ther ln, inckiding warra2ties of offeror or if 'the QffePr becomes, insolvent or commits acts of bankruptcy . . Such n9J*i of terniinafi& is -.in add4j'Oiito.-4ad not In lieu of othdr'remedies.-which 'Brazos -County may httyejn, law or equity. Defailt may be- construed as, } iqt not limited to,. Failure to e -a. ii m .-o p per -form. del iver jbe.- pzppqr: goods and/or proper at qiiiit of ti e,.6ndlor t rop. y rf6rm. - any and dl*'!s, 08.fequired't6 Brazes ; County's 'id .to i-n*eet-,:all -other :obligations -afid atis.flicticiri'm. /or :requirements,. Brazos Qounty may terminate -the. contract without cause -upon thirty (3.0) days written. notice. POLICY. RIFQUIRE MTt,,NTS'rJ.0.R CERTIF, ICA,r Vjlli OF INSURANCE CONTRAMW&MURANCE, 'Flid contractors) Q work ?for: -B t4io.0 Count y., must Rirftish Brhzos,:.County -A C drti ftal:6 of%. Insur-ande oa . other, accept6ble. evideTic-elrom. a reputable .insurance, company -Pr companieswith. an A.M- Best'Ratih of A sucli. companies -to be: -accopibje to'Bra7qS; County ic dfi�ed to write insurance in he.state Of Td'9as,-sh.(jwffig1h4t -the contractor is covered. by .the insurance efs'-follows: .t,i Adok. In the .event.any work is sublet, the contractor shall require the- subcontractor similarly to I)ro.vfde the". same' coverage and',shalt'hirriself acquire evidence- of such coverage ge o . n behalfof the subcontractor. Waiver of subrogation- is. required; (TLC Sec. 40 1.011) (2)'Commercial. General Liability Insurance with a $ 1,0.00,000 Combined Single Limit: The policy shall 'be on the Comprehensive General Uab 96/9 d, shall 01 �P ilitv,19 0--occurrence , rrepoe-16;4n, and; 1. in ud. - ag for acts df ind6b6ndefti edriffaefts and shall Brazeis. Br6z s County a§ "im.additi6nal insured. Waiver --of subrogatiowis.--requireo. - NTo clainis.nlade Policies 'will be:aqcMtable. without - priortgporovalb A, (3).Autoinobil-e P.AlIcLiability .insurance with a; V.,000,0,00 Combined Single Limit; in all self- vol. 9 7 pg. Court act -No; JP 23=590 ARAZOS COUNTY, TEXAS Page 6 *of' 1!ages propelled vehkleused in-coniieetion with the•contt-aet,.whethu owned, non-orvnq or Hired, The Certificate.. of Ifisutan' ee-Tuth. shW.40- Brazos- Co'brity shall.conlain a provision :that coverage under such policies shall not be canceled ormaterially, changed until at least. 30 dd Ss rioi written notice: has- been given to Brazos County.. LJMITATIONS The parties-az7e:aJvare that thcre.are constitutional and statutory A iniitations.on. the authority of Brazos County- to- enter into. coftain terms - and conditions of the . contract, including,. but :riot. limited 'to;. =authori-zations :aof the placement of liens on Brazos County property; disclaimers .and limitations.- of warranties; diselaimers.and limitatrons'af liability ..for. damages:.waivers, disclaimers and;Iimitations;,of legal rights;. remedies;. requirements: and;'processes .:limitations of:periods to firing l.eaal action; granting . cintrol of litigation Q .settltrment .ta another parr; liability_ far :-acts or onussions of third parties; payment. of: attorneys' .fees;. .dispute :resolution, .;indemnities;, acid confidentiality (collectively; the "Limitations"). -Any contract terms `and- conditions -related t&--tlie Limitations. will .not be binding on Brazos -County. except-.to..the:extent-•authonzed:-by the laws.and Consfitution of the Sfate of Texas. COVERAGESI PAGES. . Nothing in this conttact';shall. be construed as njaking 8; * s .Courity. re.sponsible for the paymertt of compensation and/or an r. benefits for. contractof including health, property; inotbt vehicle, -workers' :eomperisation,. disability -:death, aitd disriiemberment insuranca for the. contractor's employees ardor equipment., Nothing in tl e:contract-shall. be-constxtied as- making Brazos Coi my responsible for Mirages,, materials, logistical support, egttipment,'and -related travel expinses hicurred by the contractor. SOVEREIGN lNLI IUNI TY b parties itriderstarid- that .Brazos- County does not Waive, or relinquish any immunity or: defense- on': behalf of itself; officers,- employees, agents, and volunteers as .a..resttlt:of :its :-executicii�. of this contract and the performance of:the"covenants contained. hereiri. Iiurther,- B7razos Coriniy is not responsible fbt arty civil. -liability Iity fhat:arises.from any actor otr issio1i made.Nvithin the course-atid scop .of'tl s contract.. Tate:parties understand and agree that Brazos 'Qd''Ay does not4ssurrie civil liability tinder any theory of taw for -the actions of the -contractor in: providing'serviees hereunder.. NOTICES Notices shaft'be mailed'to. the addresses designated herein or as -.may be designated:in.writing by the :parties frorri.time to fife niid slial.l'lie: deemed. received when.sent postage -prepaid: U.S. -Mail, to the following -- addresses: . BRAVOS C.OU�T'i'1': Brazos County; Texas - 1?Irahe Pcters4.Brazos- CoahtyJudge- 200So.uth-Texas;A.v.enuc, Suife 332 )E3iyan, �Tesa - 77$03 Val. P9. 4� CoWriet No..C1P Z3-50Q BRAZOS COUNTY,�fiEXAS;. `Page 7 of l,l. Pages CONTRACTOR: Sales Contract Name: Phon-c' Number: B_illirig Info: FISCAL FUNDING CL;kUSE Notwithstanding any provisions coritalned hereu, the obligations `of lf'razos: County are expressly chi t# igent. upon. the. availability of..fiuiding `for -the-obligations•_contained herein for- the term of the contract and any'extensions and.renewals thereto.. WADERS No waiver'by either -party, hereto of any -term or condition bf this 'contract stroll be --deemed or construed: to. -tie: a wan*cr of -ally otll.er. teen or .condition -or- stiosequent waiver. of .the same term. or 'condition: 11RNTIRE CONTRACT :This contract -represents: he ciitire.,ind:inte -- ed_agreement:bdWyeen Brzzos County and file, contractor sand superseitas; all l iior noaotiations; =r presentations' or contracts, either ti� tten_or oval - This -contract may only' b.e. amended..bywritten- instrtunent. approyed and exec Ada. by the parties: AVAILABIi: ;[TS' AND .RETENTION.I CO10S All: -records relatinglo the: ser.Stice providod under this coif tact and- suiiportiii documentation for .invoices subinitted to Bf,azos County by the contractor shall -be retained.and.made available by tlie-contractor for audit by 'Brazos Count}, it duly authorized representatives, the State- of Texas. (including;- but not-litnited to the Auditor;of the State of Texas; inspector,General'or: duly appointed -law enforcement officials) and agencies .o:f 'the: United:..State-s Government. Such records -shall be returned l y contractor and iriadc available for any time period required by .state or federal. lativ4 if changes oce ar in. the governing. -state or . federal IaNyj regarding retention retards; :contractor .shall comply with such. changes. If ail audit is. initiated before the expiration of:such time periods'regi ed by state or federal laW.regardi ig retention. of records, the contractor. shall retain .such retards until. the .audit: is concluded.: and all issues.resolved. Contractor .shall -provide. B azos County. u, .ih ccipies of such audits that .be conducted with respect to the contract. Therrequirements;:of Subchapter J.. Chapter.552, Government Code;...iiiay apply -to'this contract and the contractor :or vendor agrees that the contract can be terminated.. if the -contractor or vendor_ knowingly or intentionally fails to comply "Aiitli a- requirement 'of - that subchapter. This ---..provision. is naridafoiy .cud; :may -riot be altered or clel.eted; as 'required by S.ec:.552372(li)'- of'the 1'exas::Goverriment Code. e AUDIT RESPON'SIBILTY The contractor shall. be.:responsible for'receivii�g,'replying -to atid/br comp lying,with-ariy:.audit excepiioii by appropriate federal, state'lor local atidit-directly related to the. pr:.ovision. of this:contract. J V®I. Pg. Contract No.. CIP 23 59,0 'BRAZOS. COUNTY, TEXAS- Page 8: of: 1 Pages Tlie contraetor.shalC-r-epayto Brazosi,_0 unty the f ffl amount received Abr duplicate billings, erroneous billings, :false_. or.. deceptive 'claims. :Ttie contractor .recognizes. and agrees. that Brazos County may withhold any money cit�e-aitd.recover tfiroiagh_any appropriateinellicd any money erroneoiYsly paid.under this:contivet.:if.;of less than full corrifliance-%wtli chis contract. NbE,MNjTICATI(?N. . The contractor .shall- defend, indemrfify and save,harmless-Brazos. Comity and all. its officers, agents; and employees frdm 'all suits;; aeiioris, or claims of any character, naive and descriptioli including attomey's fees expenses brought for -or on account of any injuries. or damages. received or sustained by any person or persons or property, byor fYcm the said contractor or.his employees or by ar.in consequence of ariy- neglig.e -e in`safeguard.iii the work, or through the -rise of unacceptable materials in -construction of the - work, or by_ or on account of'any act of omission, rhe= iVorkel Cornpellsatlori La v .ar au other .lam, 'ordinance; order or decide, a--d.$O ITILic :of -the nlaneY due: the said 'coni ftuctof-Ififdor andby virtue ofilia" contract as shall be con -Si dered necessary ley I3 zos Coluity. inay 4.e. retained :for the. use of I31:azos County, or it� ease n6 inoiiey is due, hi's: sureties shall 6e'held iu tll suit or`sltits,:aetR ar'acfions- claim ar clairis nor iaijury or eIamages as : aibresaid shall 11a��e. been .sdttled and satisfactory :evidence to that effect furnishe&Brazos .aunty. Contractor shall -defend;_indeliiiii1y end.save harmless Brazos County; ...its oftieers; zdcr t§ and: effii lloyees In ;t cco Clarice: with -this.indenuufication claiise regardless. of whether the injury o :dainage-is caused in pait.byBrazos County,, its -officers, agent or employees,: D. Contract N 'CIP-3., 90 B.RAZOS COUNTY, TEXAS V,T.C.A. LqPAL. GONtR-NNINIEN T C()DE §261.0276 TH18 SECTIONMUSTRE, C--0MPLTiTtD..FA- RE TO:COWLETF THIS 9E---.T10N'W-.,L Aj8Q1UA-LD�T--Y THE B rs it: -Brazos -C shfif'Wu to tef. or&6 6�r fi-nusaction)"Yfflli pe 6" -Who.bv 1 §6 into colifirl pu.nt .Govorn etit-O)OeVO 02.76.. .debt- to th6,-y'-per -Y-�TXALocltl apparent. bidder or A'16cessfUl brdv6ser'that is in&bted-t6 the*.Cbunty; .par b. "Person" includes. -a i i sole. -p' ''t ''hi corporatfoh nonproht- corporation, - n ifidiv dt a[,- 'q. ro,pric ors p partner M Ty and any other-witity that, proposes or .ship joint'venture-ji.ifted liabili -ompaily. otherwise seeks 1cr ontcr.1n-to a confitelt'- or :other- -(rapsacfion)vlth the.. County requiring. approval vy the CoMMissiori6r's CoUrt;c. . "Dc'bt -shall include delinquent taxes, Cities, f6es: or delinqu&ei& -arising.* from written ag.,68,mctits with the County. d. Prior. to -award of a.. contract: by' the. Coixilhissioners I.- -C-otirt,--itie:PUrdhaging,Department will T,ax e - i -ftom the Brazos County Offl!C request o"'stafemedt of ai�coiutl reflected oii 'tile- stai e, Ai 01-t of account; Will be -6s,'--defil-jod about; tha. is r .cl ocumentddan di placedih..I e'bid.fle. The. bid 6r'proposal the pci8bnv►!ith iWd6bt shall onsi,od "non-responsive','-"andno respPrs.ibIe iatin it -fr Wanv'fkther f. These pto'visWs shall Apply. -to -any "person" .owned,. partially wAme.d, managed, operated or-. repreqented:t,)y.a"tp.e-rson l-uidebted.-tbthe County,. Please list all the names of the individuals thai'have ownership, officers `managers, -and board of , 61,0 di,rectors that you have associated witfi,y6iir entity . -W. Narne: Title' owner,. Offker,,Dircctor, lvlatalter, R Ray Epps Owner Tim Layaou President ON 7 Vol., pg. t-&g CORtr4et No. -Cj 23. po -B.WOS .CO1jNTY, TEXAS Page 10 of 1`1 Pages. LEGISLATM CERTIMCA.'I`ION 5. Br -.Count' is.fed.. erally:maiidated.to.'adhere-to the-difee'tions provided -iii the-:Presideiits:ExcebOve:Order (EO). - 13224; Executive Order o.h Terrorist Financing.- Blocking Property and_Proliibiting Tra isdotlions Wifll.Totsons Mo Commit, Threaten'co_Comiriit; or:Sitpport Terrorism, effective:9f2. /2001 and any_subsequent'changes ri ade fo it via . cross-r&iencing respondents/vendors with the;Federal General Services;r-dminislration's Excluded-*Pfkies List System (EPliS https.11www.sam gov), whicl .is inclusive -of the-:United=States Treasury s,Offce•ofForei;n.Assets Control (OFAC)`Specially Designated National (SDN) list. Respondent:certifes that the:responding entiiv.and its ;principals -,are eligible io-participate in this .transaction -and have not been solijeeted to suspension, debarment, or similar ineligibility determined. by any federal,. state or local governmental entity and that Respoident is in compliance tvith1he Sfate of Texas=statutes acid miles relating to procurement and that Respondent is not listed on the federal govpnimienfs " terrorism •«watch list as described in Executive.Order 13224:• Eiit'ifies .ineli�Al le.for 'federal._procurement are listed at https:H%vww.sam.goy, The undersigned affirms the non -debarment statement above, that.they are duly -authorized execute this contraet;The company representative below-fiul-her affirms, that the company.: submitting this,proposal,. under -the provisions of Subtitle F.., Title 1 O;.Goveiriiment:Code Chapter 2271.: l.. .Does not:boycott Tsrael currently;:and . 2. Will'notboycott<.:lsrael-during the term of the eontraet: Pursuant to Section 2170,.00T,,atid 227,1.002 `Texas:Governmenf Code: l.: "Boycott Israel" means refusing:td.deal with; fertninating:busiiiess. activities. with, or otherWiselaking any . -action that is. intended"to pend ize; inflict economic harm on; or limit•commercial relations -specifically with Israel, or with aiperson or entity doing business in'lsrael.or in an Israeli=eontrolled territory, but does. not include an action inade or ordinary busiiess purposes; and. 2. "Company" means a for -profit sole pedpnUorship; organization, association2>corporation partnership,. joiiC �ent�.re, liiiiteci,parfiterstiip,.liiiiited liaiiility pariciership,_or aiiyliniited'liability company, including_,. a_ -wholly olvned subsidiary, m`ajoi7ty=owned_subsidiary, pareit company of affiliate of°those eiitities or business.associations that exist,to _make a -profit•. 3. lfRespondenH required to-make.a verification virsugnt to•9ecfion:2274.002-,df the.Tezas..Government Coi3e; Respondent verifres: that Respondent does not"boycott energy companies=and r4ill-hot boycott energy cariipaiiies-diiriii�the•term of the:Cgntract. If Respondent'does-not :inake.-thatverifrcation, I esppnderit roust so indicate iii its Etesponse, aria state-Fvhy the certif cation is<nnf :requi"red. 4. tf:R.espond`ent is rcgaired to �iiake: a verif ctttiorr pursuant to Section 227=4.002a gf_the"TexAs. Governnneiit. Ciide, l2espnndent yeri.fes.-that .it (l) does not have a _pi jctice; :policy, guidance,, or directive:that discriminates againsta:fireanii entity of Jrearin'.trade assopiation`and (2) will not discriminate -during the terns of the contrAct against a flrearin entity or. firearm trade;association. If .Respondent does not snake that. " verification, Rispondent mu-stso-ircdicate in its'Msponse acid state•why the versification is riot -required. Company QTS, Inc Authorized Company Representativ ,Addres8:24501 Hufsmith Date._M ay.1,* 2023 Cohiract A. Koh:rvi lle Rd #300 Tomball TX 77375 vol. 397 pg. . BRAZOS. COUNTY, TCX&S Contract No. C1P'3=59t? Page II of 11. Pages CERT FICA.TION-OPRID The undersigned furtherAims- the= non -debarment statement' above; that:. they - are duly, authorized execute.th s contract,_ that s bid, hasl"hot.been prepared. iti collusion with any, oilier- vendox, and.that the eailtents of this bid have riot: been coriiiiiurdeafed. to anyi other vendor: prior to tl e� of lgiai'opei ing of this bid. A eV AMaj Director of Sales & Marketing, :Signed Bv,: Amberhsayes(h�ay1,: tl2�.i7:iicora Title: TyrpedNm-neAmber Mayes:: TS, ICic PioneNumber: 713-897-1447 Company Name; Q _ Email Address: amay:es@gtsi , c.CO-l"1'h . 'Mailing address: 24501•' Hufsmith KohrvH1e Rd 9300;: Tomball Tx 77375 , P:O.. I3ax .or Street City State Zip- Employer Identification l\tumUer:-2&2°12660 +ed by. ommission. ' Cow•t an this d.�y of . �� ----_ - 2023 by lding the posit on;of (-7 LA_ Tlie follotvin. itenis`Amild-be corunleted and iucluded4n your=bid submission. Failur..clo include these Items Nvill disqualify your- bid. D . V T'C.A-. Local Goverrim.ent Coils §262.0276=1ctr Tax vet•ii catian.(PAGE.x�} ❑. Led 1'ative.Certi cation & Debt rrixeni N'erificatioii .(PAGi 10) D All. Addendums (if appj1clible) O Ccrtiri tionof-Bid`-(PAGI✓.-11) Vol.. Pg.5 ,� 41 i{T.rr r' J'3c.sa{' rt+i tf fyt'Sd (,. •« +�. f f y,'� :i.. �. i. 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S'. ..: {*7 n' i++. 6«J:i*+•a�?.•4, "� r'�+ wi, �M.±.•Say a .t„a,u+ i^A'�., o- r •. 1 �� (, li: i'•x^ Y 2r r fzr^ cd O - tut 'A. yf _ •_ t T V .r r f •, l �rf� • l �-- {{ ♦ 832.717 0549 , gtslor com : 24501 Hufsmlth Kolttv3fle Road I uitn 300 r 1 Tomball TX 77375 -.'64/21./2021: d' ndrik' R! -��Uaikz ilk 6, wll 4L -57 .' {QIric udes a1018© stem com orients -unitile er'-U.dff,-.bld.vv'er' sqsiefn,: Omer ,' pock et . . . . . . . . . . . . . . . . . . Q. .... . ... t-f side ft 6 standard T -ma tjti�m'tnt, down to 21 . . ..... ...... . an I o t6 5 (di M. 16M 3 W PTSI 0441' Z 61015M4.- $.67 UrfflnUfni na'iMth-32 87 A 6 -.0.3i $2-52.50 !61dj64lbk :7 $24' '--'l 8 ev Sleeve M 1520.: Lane 3 & et Model UCCOM ajct.'70.uhber Station laHand Z.. M. ddl-A 50$D"Au PnlY;H 14ApPApplication �SUC p.'4bl e. )Q .81000.014 -ea Z�kmpldc- -Sod HOShield 'i,:- - QT91092 lslb.'Oo Uctor.Unshi'61 leduff6b1b.,- -P i' -61 070�05f 1 M6de.,,63Spea.0 ker -, fbt 1500/1,, ExternalMw, p 'C -.1 UT 0. 16ST400A * ou " . A! 01' -AUM Xl I 610 0- 4" Solyd. Steel Sleeve j. 9 7- EVOI.. Proposal Date: 02/16%2023 Proposal.,Prop osa! No.: PROP12777 irHEAC $CCOAITYM011 CKCILUNa GENERALTERMSAND CONDITIONS General Terms and Conditions.of Sale, which can be. found at https://wwvw.gtsinc:eom/terms-conditions, and are incorporated in this Proposal by'reference. PAYMENT TERMS' New Construction Equipment Orders will require: .; 25% upon signed contract. . 256A of purchase -price will be invoiced upon c0i mpledon of Phase 1. .: 50% remaining •balance will be- invoiced upon completion of Phase 2. o: The balance of�equlpment and installationprice- witl be -due within fifteen (15) days.of completion of the work. Replacizmenr Equipment and. Equipment Only Orders: . 50% deposit'of ihe-purchase price for the oLlionientordered. .. 50% remaining -will be invoiced upon completion of installation or delivery of equipment. SCOPE OF WORT{ Entire scope to be Completed. in one trip to Bryan; TX Pneumatic Tube 5ystein Scope of Work: .. Demo Existing air'communications equipment -side by side 4" and 8" comboaystem . Re -use as.much'of existin _ 8" tubing. and rough -in material as -possible - adjust new bends and straights to`connect•to te'rmirials'ihsic bad outsFde, . Reuse.existin't3' 4!1 aiuminiirri dir line and connect.at new Teller Unit, . Demo 4"•tub1ngand materials for 4" side of existing system . Existing blower box in mechanical room to be• gutted and filled with new susl:oxn.ized_tCiple b1.o=r_,pask_ .. Install all new Interconnect cabling for Audio and QTS FLEX 8000 . Install 1 QTS, FLEX 8000 customer'and•operator unit .. Install 1520 card in new 8" Customer.unit and existing Deal Drawer . Install new'audio, system, modify existing AV_deal drawer for new audio spebker and mic 0 2 new counter,stations - audio only . Install 1- 150.95D:hub for audio only Work by Others, Requirements for;Blower pack'-•(4)-120VAC 20AMP cir"cults with duplex Plugs by others Requirements for Audio - One(1)1'20V/2O Dedicated Circuit with Isolated.Ground -'Located under:counwr �Cqtiag. - Any coring, patching or backfill to, be provided by other Dimensions for Ctistorri, Blower Pack- Modified by QTS, Cut fernco on each side In halfto bring standard 25" measurement downto-21"width from Manifold to Mariifold•and bring length from 36-"-down to 33" I ACKNOWLEDGE the receipt of'the_Eq uiprnehi Sales Contract Agreement -and I liave-read, understood and accept this' offer , and the terms and condiflons,contained in theAgreement. I agree to be Bound byxhe terms ind conditions of the equfpmerit purchase.as;.butli�ied therein., initiaWere: By signing below, Brazos County Tax Office agrees°to be bound by QTS Inc. -Please. indicate your. -acceptance of this_ Pro_posa by signing below. 40 Br ax ice QTS Inc. Vol. � P9. wba By: By: Amber Mayes (May 1, 02317:11 CDT) Paged art iR��.'3X��'.'a *.f-fir. � n�rsry�•�3��i°i'`} ��1�' c'y c•t'+,.�$�.... r t � r�»'7k•�f� �..�Si� �;y t .. ' ,, a 'ter f 8S2 71 0544 ` `gtsl�c cam" 24501 Hufsm,th. 0 Miia Ro der j'z uite �00, i Tombal iX77375' sr •1` t a ,• 1+,. aFi'F,r. .H: : :.?`4z;.. " -x. k '3"�� �.` 4 a�,t� • �,� - i s,- 1.,• 1 ..+-M- J d�-r;.�ti_a -.t,; t�• Print Name Print Name: Am b e r.- M ayes...* ; ,Title:��/� ¢ Title D i rector °o'f Sa:les :& M a.rketi ng Ok pa..te:- ... M ay- -;..' 20�23�� ... Client -PO NUirifer: _ i - THE:TEXA,S: A&i1I::UN�IVERS•IT�.SYSTElYI 3.1'Tarcoiws,6e42"a Flog. Cottege:'S6ion, Te.si5 7.7840 • f 11'IiuiiiutriPrivailiugtl!ige:Rate:..;;' 4�. iOUrity: BraZOS' s: - "CLASSIFICATION RATE ' .. •-NOTES Acoustic Ceiling-InSiall,.er '- 15'73 . Asbestas._Abatetnerit.Worker' Carperittir 15;95. - CtYncrete_— Poue:and Finish:: -_ 15.39: • - Crane,'Operator ... ,.. :26:40 - Driver . 14:47 Drywall.liistaller 1620•. . Electrician:= Jotirneynan..; 2570' Eleetriciun.—:Apprentice :20.35' Elevator. Nleclianic=:Jotimne iian 55:8.3 :£legator 341ecltantc :alpprentice. 48r10`'. Fire Profection.= Controls 17- 2 Pire Profdalon =: Pipflfitter: I onnvork Builder..:.: - :: 145$ :.. GIazler 17:69 HVAC - Journeyman :2°5 09, HVA.C-- Apprentice -HVAC•—::Controls= Insulator:-:. ::. -16,01 . Iromvorhec . 174Z Loorer7Helper Iviasan' • .. :: ` :: 1913 ,:. Equij�trient Operator ht;. .14r97 Equipltient;operator=.Ifcaavy Painter 13,18 Pipefitter--:Joitrneyrnan ' 32-:5:b' -Pipefitter=Apprentice 19:35 Plasterer', ;Plumber;='--Jourtiey.rian. ; ° ` '3:Q 74 . :. .. - -Plumber-'Apprentice` :Reilaforcing,Stee11?Jorker 'Roofer -.; .. - - ; . . �... ':>: ' . -:19:94� .. �:. - - � � - - • �- - - 'Stone Mason - ` - • : :. = 18:12'. 'Cerrazzo:-Installer- - :'• ' . •' '' _ . Tile Settee 15.73_: aterpiiiofer" 1.4;91 Now. Listed'ininiinum prg fling stage rate -is the base.hourly-uage'rate.igcludin& fghges:. l: Vol. �'9 -- Final Audit Report "Service Contract for CIP 23-590" History Document created by Aerlynn Moseley (projects@gtsinc.com) 2023-05-01 - 9:38:40 PM GMT C'-r. Document emailed to Amber Mayes (amayes@gtsinc.com) for signature 2023-05-01 - 9:54:55 PM GMT I i Email viewed by Amber Mayes (amayes@gtsinc.com) 2023-05-01-10:09:21 PM GMT 4G Document e-signed by Amber Mayes (amayes@gtsinc.com) Signature Date: 2023-05-01-10:11:44 PM GMT - Time Source: server Agreement completed. 2023-05-01 - 10:11:44 PM GMT a s Powered by Adobe ��. Acrobat Sign 0 I 2023-05-01 ' 291 voi. 397 F g. ARCHITECTURE • ENGINEERING • INTERIORS LANDSCAPE - SURVEYING LUFKIN ■ BRYAN • TYLER - GROESBECK May 1, 2023 Brazos County 2617 W. Hwy 21 Bryan, Texas 77803 Attn: Fred Paine, PE {via e-mail FPainenabrazoscountybr.aov) . RE: Macey Road Phase 1 (-6550 LF) Construction Administration GLS Job No. 619020 Mr. Paine: GLS is pleased to provide proposal for bid phase and construction phase services for the referenced project. The construction documents for the Macey Road project were prepared by Gessner Engineering. Phase I construction begins at Macey Road's intersection with FM 974 (Tabor Road), extending northwest for a distance of approximately 6550 LF to the intersection with Old Bundick Road. Based on our understanding, the scope of work to be as follows: Plan Review Services for Phases I & Il • Review final construction plans that include Phases I & 11(approximately 2.6 miles) • Make comments and notation on .pdf set and submit to county • Summarize comments into letter for documentation • Add a Phase I line to depict the limits of Phase I & II Bid Phase Services for Phase I Only • Assist with pre -bid meeting. • Answer prospective bidders' questions. • Assist with addenda, if required. • Attend bid opening. • Assist with bid proposal evaluations Construction Phase Services for Phase I Oniv • Assist with pre -construction meeting. • Review construction submittals • Perform periodic, critical point inspections with field report and photos to document site visit. • Attend construction progress meetings and document discussions for distribution to applicable parties. • Coordinate with lab on applicable testing. • Assist with construction close out. • Coordinate the preparation of record drawings of °red lines" provided by contractor. • Respond to Requests for Information (RFIs). • Review change orders, if required. 4077 CROSS PARK ORIVE • SUITE 100 SRYAN, TEXAS• 77602 PHONE: 979-776.9700 FAX: 979-776-3639 T.S.P.E.L.S. FIRM ENO NO. 41a T.B.P.E.L.6. FIRM SURVEY NO. 109/0909 File 1.0 W.16191619020-161aceyRoadMatalP cftBAR4ECpR 120 1,dac 01. 397 pg. � 9 Macey Road Phase 1(-6550 LF7 Construccdon Administration May 1, 2023 Page 2 of 2 • Attend field meetings to address any issues that arise; document discussions/resolutions, provide plan revisions and distribute to applicable parties, if required. • Attend Final Inspection upon substantial completion of construction and assist with Punch List Items. • Attend Final Inspection upon Contractor's completion of Punch List Items. Fees The following is a breakdown of the fees for the above described scope of work: • Plan Review............................................................ $ 10,000.00 • Bid Phase............................................................... $ 6,000,00 • Construction Phase........................................................$ 19,200.00 • Construction Closeout and As-Builts .............................$ 2,400.00 TOTAL....................................................................$ 36,600.00 All correspondence between the County and GLS will be documented with Procore project management software. Thank you for the opportunity. We look forward to assisting you with your project. Sincerely, John Rusk, P.E. Vice President Branch Offices JR/ac �4_ 1 1 7LLAt`cE PETC't2S COL-L tj 4077 CROSS PARK ORIVE • SURE 100 PHONE: 97S•77B-S700 SRYAN. TEXAS • 77S02 FAX: S79-776-393a T.S.P.E.L.S. FIRM ENG NO. 413 T.9.P.E.L.S. FIRM SURVEY NO. 10110901 He 1.0 W.1B1MIS020-Macey RcadWa Proposal-Contraeffil 20 Maeey oa roposa_ Vol. _ pg. 2 9 3 Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 361-4293 May 5, 2023 The Grant Labs, LLC 3117 Camelot Drive Bryan, TX 77802 Re: Renewal of Contract # 22 I63 for Grant Writing for Brazos County. Brazos County appreciates the quality work your company has provided and would Iike to exercise the renewal option for Grant Writing 24-007R, previously known as 22-163. All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from August 24, 2023 to August 24, 2024. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to sdubec@brazescountytx.gov or fax to (979) 361-4293, Please then submit an updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4294. Contact Name: ������� LOG W6 Title: \ Ve �_ A � �y`�AC V, - C 0 ► A The Grant Labs, LLC Authorized Signature B ZOS COUNT Duane Peters, County Judge U-4-6SS 5 j J�z e) Z. Date Date Vol. pg. 2911 t CONTRACT FOR GRANT WRITING SERVICES This is an agreement between Brazos County, Texas (Client) and The Grant Lab, L.L.0 (Contractor). L Scope of Services: Contractor agrees to provide the following services for Client: 1, Develop a grant strategy and plan to identify public and private giant funding opportunities and advise client on eligibility. 2, Work specifically with Client to develop grant proposals for Brazos County. 3. Coordinate and work with appropriate staff to gather material and information necessary to complete approved grants for submission, 4. Write grant proposals, as requested, in time to meet deadlines, and prepare proposals for submission, 5. Manage and complete all necessary grant reports for any funding received. H. Compensation: Client agrees to compensate Contractor at a flat rate of $4,000-per month for a twelve (12) month period beginning on August 23, 2022 and extending until August 23, 2023. 1. Payments will be invoiced monthly for the term of the contract. 2. The Contractor is responsible for any costs associated with travel and phone expenditures. III, Independent Contractor: Contractor acknowledges that services rendered under this . agreement shall be performed by him as an independent Contractor. Contractor is responsible for the payment of all federal taxes related to his fees for service. IV. Confidentiality; Both parties agree to adhere to generally accepted confidentiality practices and to provide each other with their best efforts in fulfillment of this contract. Contractor agrees not to disclose private information about the organization and will use any information obtained from the Client for the -sole purpose of completing grant applications or foundation proposals. V. Guarantees: Contractor shall perform all services noted under (Section 11) of this contract. However,: the Contractor does not imply or promise any guarantee that grant proposals will be funded. Payment is due even if Client does not submit proposal or receive a grant. 397 Page i of 2 Vol. Pg. VI. Conflict of Interest: Contractor will immediately report any conflict of interest to Client and give full disclosure of facts pertaining to any transaction or activity related to this Agreement that may be reasonably construed as a conflict of interest. VH. Termination: This contract maybe terminated with 30 days written notice by Client or Contractor. VIII. Insurance: Contractor shall maintain insurance coverages listed below: Professional Liability - If Consultant shall be performing licensed professional services, Consultant shall maintain for the term of this contract; professional liability insurance for licensed professionals performing work performed for Brazos County. Coverage shall be for licensed professionals' errors and omissions. Automobile Liability - Consultant shall maintain Automobile liability that covers owned, non -owned or hired autos during the term of this contract to cover any injury or property damages. CONTRACTOR The Grant Lab, L.L,C Gentry Wooda d 3117 Camelot Drive Bryan,.TX 77802 Signature: 11w1uZ- Gentry Woodard Contractor Csl ! �tai� 11 County of Brazos Duane Peters 300 E. 2e Street Bryan, TX Signat �e: Duan a Ors County Judge Vol. 397 pg. 9 6 Page 2Of2 r CONTRACT FOR GRANT WRITING SERVICES This is an agreement between Brazos County, Texas (Client) and The Grant Lab, L.L.0 (Contractor). I. Scope of Services: Contractor agrees to provide the following services for Client: 1. Develop a grant strategy and plan to identify public and private grant funding opportunities and advlse client on eligibility. 2. Work specifically with Client to develop grant proposals for Brazos County. 3. Coordinate and work with appropriate staff to gather material and information necessary to complete approved grants for submission. 4. Write grant proposals, as requested, in time to meet deadlines, and prepare proposals for submission. 5. Manage and complete all necessary grant reports for any funding received. H. Compensation: Client agrees to compensate Contractor at a flat rate of $4,000 per month for a twelve (12) month period beginning on August 23, 2022 and extending until August 23, 2023. 1. Payments will be invoiced monthly for the term of the contract. 2. The Contractor is responsible for any costs associated with travel and phone expenditures. III, Independent Contractor: Contractor acknowledges that services rendered under this agreement shalt be performed by him as an Independent Contractor. Contractor is responsible for the payment of all federal taxes related to his fees for service. IV, Confidentiality: Both parties agree to adhere to generally accepted confidentiality practices and to provide each other with their best efforts in fulfillment of this contract. Contractor agrees not to disclose private information about the organization and will use any information obtained fkom the Client for the sole purpose of completing grant applications or foundation proposals, V. Guarantees: Contractor shall perform all services noted under (Section 11) of this contract. However, the Contractor does not imply or promise any guarantee that grant proposals will'be funded. Payment is due even if Client does not submit proposal or receive a grant. Page 1 of 2 voi. 39Pg. `4 V1. Conflict of Interest: Contractor will immediately report any conflict of interest to Client and give full disclosure of facts pertaining to any transaction or activity related to this Agreement that may be reasonably construed as a conflict of interest. VH. Termination: This contract maybe terminated with 30 days written notice by Client or Contractor. V11I. Insurance: Contractor shall maintain Insurance coverages listed below: Professional Liability - If Consultant shall be performing licensed professional services, Consultant shall maintain for the term of this contract, professional liability insurance for licensed professionals performing work performed for Brazos County. Coverage shall be for licensed professionals' errors and omissions. Automobile Liability - Consultant shall maintain Automobile liability that covers owned, non -owned or hired autos during the term of this contract to cover any injury or property damages. CONTRACTOR The Grant Lab, L.L.0 Gentry Woodard 3117 Camelot Drive Bryan, TX 77802 Signature: Gently Woodard Contractor 144 M County of Brazos Duane Peters 300 E. 26" Street Bryan, TX Signa e: a3 (aa-- Duan eras County Judge vol. 397 Pg. `9� Page 2 of 2 ti ti, Brazos County f Purchaso g Department 200 5OUM TES AVE 5III E 352 BRYAN, TX 77803 PHONE (979) 3614290 FAX (979) 361-4293 May 5, 2023 Allstar Pest Control 8899 Greenbranch Loop Bryan, TX 77808 Re: Renewal of Contract # 23-002R for Pest Control Services for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Pest Control Services 24-0082R, previously known as 21-000 and 23-002P- All terms, conditions, and pricing shall remain the same. This renewal term will be for one year from October 1, 2023 to September 30, 2024;. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to sdubec@brazoscountyi:c.gov or fax to (979) 361-4293. Please then submit an updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4294. In)— Contact Name:'�' Title: ALLSTAlk PEST 9PNTROL A-U-t-h'0199signature Date I 0 CO tq (a-3 Duane Peters, County Judge Bate Vol. 397 Pg. `� 24-008R Pest Control Services, also known as 21-008 and 23-002R Tabulation October 1, 202-3 - September 30, 2024 Allstar Pest Control 1 Brazos county Courthouse 2 Tax office -"$35,00' 3 Facility Services $3500 4 Health Department $30.00 5 Adult Probation / Annex Building $35,00 6 Brazos center I museum '$65.00 7,Arena Hall SlAgricuftural Extension Building .$30.00, 91NewAgdcultural Extension Building $45.00" SO Road & Bridge Buildings $30.00 it Brazos CountyDetention Facirdyto include Gnat Control '$240.00 121Juvenile Justice/ Detention Center "$90.00 13 Brazos County Administration Building W.00, 14 Sheriffs Office Administration Building '$30.00 15 Maxwell Bulding /IT Building $3&00 - 16 Exposition Center .,$95,00 17 Brazos County Storage /Anderson Street 1 '$25.00 18 Justice of the Peace Pct. 3 $30.00 19, Low Risk Facility $39.00 20 Old MHMR Building 21 Election's Office / Employee Health Clinic S30.00- 22 Boonville Heritage Park (Main Cabin, Courthouse, Lodge, Restrooms, & Smokehouse 23 Facility Services (Hwy 21 Location) $30.00 24 Fleet $30.00 25 BISD Building $7S.00 Booneville Heritage Park Termite Treatment (Main Cabin and three small 26 cabins) $366.00 TOTAL' $1,-590.00 271Sed Bug Spray - Per Cep (Oetention Centers Only) -As needed basis $100.00 per -Cell RECOMMEND AJ�RD TO: Al r est Control A y mission Court day _2023by pp -Ved �bymission urt (T — holding osition of �OLL Lp 00 Vol. 3 9 pg* PEST CONTROL SERVICES CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. 21-008 -Bryan, Texas77.803- -Page-1- of-9-Pages Telephone (979) 3614292 GENERAL REQUIREMENT -FOR-CONTRACT g� I 4 as a duly authorized representative of `� l �r fle�5]_ YI _HIE32 Licontractoe,vMlingly attest to perform (or deliver) as per Exhibit A for Brazos County. -I -further agree, to all- of -the -provisions and -specifications -contained -in -this -contract. TERTNI: The term of this contract will be for two (2) years, with the option to renew with three (3) -additional-one-(-I-)-year-periods. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of -Brazos -County -Commissioners -Court. Should -there -be a- change -in -ownership -or •management; -the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue-the�contract -with -its -present-provisions and prices. INa:l. Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance -with -the -laws -of -the State -of Texas, -to -waive any -formality -or -irregularity, -to make awards -to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or -in -whole; any -IQs-submitted, and -to -waive any -technicalities -for -the -best interest ofthe-County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments,, questions -and -responses; addenda, and -special notices. The -Certification -of Bid -Form -must be -completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized' representative of the firm. Failure to provide signature on the Certification -of -Bid Form renders bid non -responsive: -Failure -to complete the -submission of all -required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents -may -be -grounds -for -rejection -of -entire -bid: By submitting a-response-to•this- solicitation, -the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties", Form 1295 as -required, pending award, renewal, amended or extended contract. Visit-httpsJ/ethics.state tx;ustwhatsnew/elf_info --form-12951tm -for -more- information. In the event of a needed change in the specifications sent to the bidder, it is understood that -all-the-foregoing-terms- shall -apply to -the addendum -or addenda. Contract No. 21-008 BRAZOS•COUNTY, TEXAS Page 2-of9 Pages CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized -by Brazos. County -Commissioners -Court. must -sign - the- contract- before -it- becomes -binding -on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this -purchase-have-been-satisfactorily- delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase -any minimum. quantities or services other than-those-listed•on a -purchase -order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price -escalations -shall -not-be accepted and -shall -be•considered a -non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for -personal -injury, death and/or -property damage -resulting directly -or -indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate -limits •to•cover-contractWs -liability as -may arise -directly -or -indirectly -from -work-performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon - request. Contractor assumes all risk for its agents, employees, and guests arising out of, or related to, their exposure to other human beings and/or animals for the spread of illness or disease, including but not limited -to -germs, -viruses, -bacteria, and -other -infective-or -illness -causing agents, and -shall -indemnify, defend, and hold Contract harmless for any such exposure. -INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and -specifications -have -been -met-to -its -satisfaction, including -the -submission -to Brazos -County • of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MLODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations -to -be added may -include, but not -limited -to,-expansions•or additions to-existing•facilities-and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in .providing the services anticipated• by this -contract -such -change -may -be -treated as a•new-facility and the- procedures- provided -for in -this -section -maybe-followed •in•determining an appropriate -price. FVol. Pg. I Contract No. 21-008 BRA-ZOS COUNTY, TEXAS Page 3-09 Pages In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is -appropriately- situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of' -this contract -that applies to such locations -is -terminated. All remaining portions -of -the -contract -will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations, a- minimum- ofthirty- (30)- days -in advance. INVOICES & PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original -invoice on each -purchase -order -or purchase -release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the contractor. Brazos County. will- only be- required•to•pay for -materials actually received -and/or -services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting -terms throughout •the.contract and/or any attachments. .When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice: Contracts providing for a monthly` -charge will -be billed and -paid -on a -monthly -basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or -services -provided -under -this contract, the contractor -should provide -their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding -as required by -the -Internal -Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on -the -Pricing/Deliyery -Information -form. Prices -shall -be -all-inclusive: No -price changes; additions, -or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be -prepaid- by the -contractor and included- in- the -bid prices. If there are any additional. charges -of any -kind,. other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended -pricing-dif fer,-unit-pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. -Brazos -County claims -exemption -from- all -sales and/or -use -taxes -under -Texas Tax- Code- §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written -request•to-Brazos•County•Purchasing Agent. Vol. 398 Pg. Contract No. 21-008 -BRAZOS-COUNTY, TEXAS Page*00 Pages GOVERNING FORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos County's -interpretation- shall -govern: In -the -event of a conflict between- the- terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by -the-contractor; -the -terms-of this -contract -shall -supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding -requirements of the- County Purchasing- Act, Texas -Local -Government -Code, -§262:021 -et -seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and -that -Brazos County may request- and •rely -on advice,. --decisions and opinions•of-the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter.1.76; -This law-requires-personsdesiring to -do -business with -the -County twdisclose any gifts -that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official orthe-County-Official'-s-familymembers-during-the-preceding-twelve-(12)-month-period. The -disclosure - questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is: a government subject to- Texas -State- and -Federal -public-.information- statutes. Venue- shall- lie--exclusively-in-Brazos-County, Texas, notwithstanding anything to the contrary. DISQUALMCATION OF -OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and- Commerce- Code- §15.01, -et- seq., as amended-, or the- federal antitrust -laws, and has -not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the -offerors: -Bids in -which -the prices- are -obviously -unbalanced -may-be-rejected. Requests, -to -withdraw -a - submitted bid or proposal are subject to the approval of the Purchasing Agent. - SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these -requirements and -the -specifications and -it -is -hereby - declared -that--such remaining -portions -would -have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description -concerning any -point, -shall -be -regarded as -meaning that -only -the -best -commercial -practice -is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall -be -new, unused -of the -latest product in -production -to -commercial -trade and -shall -be -of Val.398 Pg- Contract No. 21-008 BRAZOS COUNTY, ITXAS Page-5-off-9 Pages - the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be -experienced- in,design- and- construction- of such- items and shall- be- an= established= supplier- of the -item -bid; TERIVIINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein; -including- warranties of offeror- or if the- offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the' 'prope'r -goods and/or services within •the'proper amount'of time, and/or'to. properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE. The contractor(s) before starting'work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows: - (1) Statutory .Workers. Compensation -Insurance with Employers -Liability .Insurance .in .the amount .of $1,000,000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalfofthe-subcontractor. Waiver-ofsubrogation-is-required.-('TLC Sec.-401:011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage- for acts- of independent contractors, and -shall -name -Brazos -County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior-approval-by•the•Commissioners-Court/RiskManagement. (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- -propelled -vehicles -used -in- connection-with-the-eontract,-whether-owned,-non-owned- or -hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has -been-given to•Brazos-County. LIIVIITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County -to -enter -into - certain -terms and conditions - of -the - contract, -including, -but -not -limited -to, authorizations of. the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages;, waivers, disclaimers and limitations of legal -rights, -remedies, requirements- and processes; -limitations of periods -to -bring -legal action; -granting control - of -litigation- or -settlement -to- another -party; -liability -for acts -or - omissions -of -third -parties; Contract No. 21-008 BRAZOS COUNTY-, TEXAS Page-6• of9-Pages- payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County-exceptto-the-extent authorized -by the -laws and- Constitution -of the -State -of -Texas. COVERAGESMAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation- and/or any benefits for contractor including- health; property; motor- vehicle; workers' compensation, disability, death, and dismemberment insurance for the contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical- support-, equipment, and -related. travel -expenses incurred -by the -contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and- volunteers as a result of its execution- of this contract - and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The -parties ,understand- and agree -that Brazos County does not assume- civil- liability under- any- theory- of law for the actions of the contractor in providing services hereunder. NOTICES - Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following -addresses: BRAZOSCOUNTY: Brazos County, Texas Duane -Peters, Brazos CountyJudge- 200 South Texas Avenue, Suite 332 Bryan, Texas 77803- CONTRACTOR: Sales Contact Name: Phone Number: V-1 0 1 W �U L — 0-7A . n04 Info: FISCAL FUNDING- CLAUSE Notwithstanding any provisions contained herein,, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract -and- any extensions and -renewals thereto: WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed -to- be- a- waiver- of any other- term• or condition- or- subsequent waiver of the- same- term-- or - condition. Vol. 3 9 8 Pg. 6 BRAOS COUNTY, TEXAS Contract No. 21-008 Page-ToMPages- ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the contractor and- supersedes all prior negotiations, representations, or contracts, either written- or oral-. This contract - may only be amended by written instrument approved and executed by the parties. AVAIE,ABELITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit -by -Brazos -County, -it -duly authorized -representatives, -the -State -of Texas -(-including, but not limited - to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United. States Government. Such records shall be returned by contractor and made available -for any -time -period required -by state -or federal -law. If changes occur- in -the -governing -state -or federal law, regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state -or federal law regarding retention of records, the- contractor shall- retain- such- records- until- the- audit is concluded- and- all- issues- resolved: Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract.. ,The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and- the- contractor or vendor agrees that the- contract can- be- terminated- if the- contractor or vendor knowingly or intentionally fails to comply with a requirement of -that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. r_-I M" 11MIJ1, vial The contractor shall be responsible for receiving, replying to and/or complying with any audit exception by -appropriate -federal; -state -or -local -audit directly -related -to -the -provision -of this contract. The contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The contractor recognizes and agrees that Brazos County may withhold -any money -due -and -recover through -any- appropriate -method -any money -erroneously -paid -under - this contract if evidence exists of less than full compliance with this contract: INDE11rIlNMCATION- The contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees -expenses brought for or on- account of any injuries or damages received- or sustained- by any person - or persons or property, by or from the said contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work-, or by- or on- account of any act of omission; the- Worker Compensation- Law, or any other- law; ordinance, order or decree; and so much of the money due the said contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County; or in- ease -no -money is due-, his sureties shall- be -held- until -suit or suits, action- or actions, claim - or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and- employees in- accordance with- this indemnification- clause -regardless of whether - the -injury or damage- is caused- in part by Brazos County; its officers, agents or employees. Vol. 3198 Pg. `� Contract No. 21-009 BRAZOS-COUNTY, TEXAS Page-8 of 9 -Pages HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) •13224, Executive --Order -on Terrorist •Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded- Parties List System- (EPL- S; https://www.sam:gov); which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible- to- participate- in this transaction- and- have not been- subjected- to- suspension., debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed- on- the- federal- government's terrorism- watch- list as described- in- Executive- Order 1-3224: Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms -the -non -debarment statement above; that they are -duly authorized- execute -this contract. The company -representative -below -further affirms, that the- company- submitting- this proposal; under the - provisions of Subtitle F, Title 10, Government Code Chapter 2270: L Does not boycott Israel- currently: and- 2. Will no boycott Israel during the term of the contract. Pursuant to- Section- 2270;00I, 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, Israel-i-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 Authori: Address Contract #: 9 4 O V8 Vol. O EPg. �- Contract No. 21-008 BRAZOS-eOUNIT; TEXT -Page-970f9=Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute-this-contract-,-that-this-bid-has•not been. prepared- in- collusion -With any othervendor, and•that:the contents of this bid have not been communicated to py-other vendor prior to the official opening of this bid. Signed By: wvw ) Typed-Name:� Company Name: Title: D-WYIe,,y' Phone No. M� ' ggq � gg5 5- -Email -Address: O-r x6+ Contro I bo Ate' I Mailing Address: P.-O.-Box-or Street -City-State- Zip Employer Identification'Number (� b 4" `t I`D p oved y Comm i ners, Court on this day of 11�1 , 2020 by olding the -position -of r EXHIBIT "A" IQ 21-009 Pest Control Services Contract Term: October 1, 2020 — September 30, 2022 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Pnrchasing Department 200 South Texas � Ave.. Suite 352z Bryan, TX 77803 in a sealed envelope clearly marked "IQ 21-M, Pest Control Services". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract Ouotes must be received by the Brazos`County Purchasing Deparment prior to 2:00p.m.. Tuesday. August 18, 2020 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotes for pest control services for all Brazos County locations. Prices quotes shall be for a two (2) year period with an option for renewal for three (3) additional one (1) year periods. A. SPECIFICATIONS 1. Inspection and treatment services will be provided monthly, to include the perimeters of all buildings listed below. 2. Contractor shall furnish all professional services, labor, materials, and equipment. 3. All materials shall be registered with Environmental Protection Agency and will be used in strict accordance with label directions. r 4. Pests to be controlled on a monthly basis are roaches, silverfish, crickets, spiders, mice, rats, and ants (ant bets that are outside should be included in cost provided ,. below). 5. Work must be guaranteed so that if, at any time during the contract, a re -infestation should occur, contractor will.re-treat affected area(s) at no additional cost. 6. When each building is sprayed, an employee must sign appropriate paper work for that building extermination. The contractor must then take invoices or extermination receipts to the Facility Services Building, located at 207 North Washington Ave; Bryan, TX 77803; the day the services takes place. 7. All notifications of treatment required by law or product labeling; are the. sole responsibility of the contractor. 8. Treatment of bed bugs will be on an as needed basis and quoted differently than the monthly inspection and treatment services. These treatments are needed at both the adult and juvenile detention centers and services will be on an as needed basis. Please quote, per cell, in the quote section below. Exhibit A Page 1 of 5 Vol. 3 9 8 Pg• 9. Brazos County has the right to add or remove buildings to the contract with an amendment and agreed quote from the best control vendor. B. AREAS TO BE TREATED: 1. Brazos County Courthouse i. Located at 300 East 26'h Street; Bryan, TX 77803 2. Tax Office i. Located at 4151 County Court Park; Bryan, TX 77802 3. Facilities Services i. Located at 207 North Washington Ave, Bryan, TX 77803 4. Health Department i. Located at 201 North Texas Ave, Bryan, TX 77803 5. Adult Probation / Annex Building i. Located at 321 East 26t' Street; Bryan, TX 77803 6. Brazos Center / Museum . i. Located at 3232 Briarcrest Dr.; Bryan, TX,77802 7. Arena Hall i. Located at 2906 Tabor Road; Bryan, TX 77803 8. Agricultural Extension Building i, Located at 2619 West Highway 21; Bryan; TX 77802 9. Road & Bridge Buildings I Located at 2617 West Highway 21; Bryan, TX 77802 10, Brazos County Detention Facility i. Located at 1835 Sandy Point Road; Bryan, TX 77803 11. Juvenile Justice / Detention Center at Portables i, Located at 1904 West Highway 21; Bryan, TX 77803 12. Brazos County Administration Building i. Located at 200 South Texas Ave.; Bryan, TX 77803 13, Sheriff's Office Administration Building i. Located at 1700 Highway 21 West; Bryan, TX 77803 14. Maxwell Building / 1T Building i. Located at 205 East 271 Street, Bryan, TX 77803 15. Exposition Center i. Located at 5827 Leonard Road, Bryan, TX 77807 16, Brazos County Storage / Anderson Street i. Located at 1500 George Bush Drive; College Station, TX 77840 17. Justice of the Peace Pct. 3 i. Located at 1500 George Bush Drive; College Station, TX 77840 18. Low Risk Facility i. Located at 1871 Sandy Point Road; Bryan, TX 77803 19.Old MHMR. Building i. Located at 302 East 20 Street, Bryan, TX 77803 20. Elections Office i, Located at 300 East William Joel Bryan Parkway; Bryan, TX 77803 21. Boonville Heritage Park (Main Cabin, Courthouse, Lodge, Restrooms & Smokehouse) i. Located at 2421 Boonville Rd; Bryan, TX 77808 22. Facilities Services (Hwy 21 Location) i. Located at 4801 Texas Highway 21, Bryan, TX 77803 Exhibit A Page 2 of 5 - - — 23. Bed Bug Only — Detention Centers i. Brazos County Detention Facility — Address above ii_ Juvenile Justice / Detention Center at Portables — Address above C. INSURANCE REQUIREMENTS 1. Successful bidder must provide evidence of required insurance prior to award. Full description of insurance requirements are listed in the attached contract. D. AWARD 1. The contract award shall be based on, but not necessarily limited to, the following factors:. a) Cost b) Special needs and requirements of Brazos County c) Time needed to complete service d) Location of Contractor (distance that vehicles will travel for services) e) Contractor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. E. MISCELLANEOUS 1, , Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley e-Marketplace located at www.brazosbid,ionwave,net, Any questions received via email or phone call will not be answered. 3. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and the Contractor or vendor agrees that the contract can be terminated if the Contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter, This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. F. QUOTES 1, Fill out section below and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 21-008, Pest Control Services". Include the signed contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached contract. Quotes must be received by the Brazos County Purchasing Department prior to 2:OOp.m.. Tuesday, August 18. 2020 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Exhibit A Page 3 of 5 - --- Building / Location Cost / Month 1 Brazos County Courthouse $ go 2 Tax Office $ 3.5 3 Facility Services $ 3� 4 Health Department $ 5 Adult Probation / Annex Building $ 6 Brazos Center / Museum $ LOS 7 Arena Hall $ 3D S Agricultural Extension Building $ 30 9 Road & Bridge Buildings $ 250 10 Brazos County Detention Facili $ 11 Juvenile Justice / Detention Center $ 12 Brazos Coun Administration Building $ 13 Sheriffs Office Administration Buildin $ (� 14 Maxwell Building / IT Building $ 5 15 Exposition Center $ q5 16 Brazos County Stops e / Anderson Street $ 96 17 Justice of the Peace Pct. 3 $ 5 18 Low Risk Facili $ -316 19 Old MHMR Building $ 55 20 Election's Office $ 3� 21 Boonville Heritage Park (Main Cabin, Courthouse, Lodge, Restrooms, & Smokehouse) $ ► (�--- 22 Facilities Services(Hwy 21 Location $ 3-C) Exhibit A 3981, 12 Page 4 of 5 Vol. Pg. i TOTAL $ q15- Bed Bug Spray — Per Cell (Detention Centers I 23 Only) —As neededbasis co ar G. CONTRACTOR QUOTE CERTIFICATION The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid and agrees to do so for the.term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: Tax ID #: $ 0 D 3 q- a`�LY )( J Address: Email: Qb) S{ N t Telephone M e I n - at 2 2:41 ^ ,U Printed Name: Signature of Authorized Representative: Exhibit A Page 5 of 5 Vol. 3 9 8 Pg. �- 4 Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361-4292 FAX (979) 361-4293 Addendum #1 to 21-008 Pest Control Services Issued: August 6, 2020 Change: Change in Auto Liability Insurance Reason: Changing the Auto Liability Insurance requirement from $1,000,000.00 to $500,000.00. Please cross this out of the contract and add the new pricing and initial. This addendum should be signed by an authorized representative of the respondent and returned with the bid documents as specified in the bid. Acknowledgement of Addendum • Signature: Printed Name: 1 Vol. 398 pg. is BILLHOY-01 J O ACC" CERTIFICATE OF LIABILITY INSURANCE DA7E(MWDDlYY11Y) 14--� 1 8/4/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certfieate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights W the certificate holder in lieu of such eenpdomement s . PRODUCER Dexter & Company of Central Texas, Inc. 4030 Highway 6 S. Ste. 310 College Station, TX 77M 99 CT ac°NNo, Eyct . (979 F` ) 764-8A44 (Arc. No):(979) 69&7603 aD INSURERS AFFORDING COVERAGE NAICB INSURER A: Markel Insurance Company 38970 INSURED Billy Hoyt, dba Allstar Pest Control 8899 Green Branch Loop Bryan, TX 77800 INSURER B : INSURER C : INSURER D : INSURER E• INSURER F coVERAGEB CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE ADDL INSD SUBR wD POLICY NUMBER POLICYEFF M DIYYYY) POUCV EXP WMID13 LIMITS COm%iEFiciAL. GENERAL LIABTLITY CLAIMS -MADE ❑ OCCUR EACH OCCURRENCE DAMAGE TO RENTED EMISES (Eia_o�re S MED EXP (Any one persorO S PERSONAL 8 ADV INJURY S GENT. AGGREGATE LIMIT APPLIES PER Pouay0Tta ❑LOG OTHER: GENERAL AGGREGATE $ PRODUCTS-COMPIOPAGG S AUTOMOBILE LIABILTY ANYAUTO OWNED SCHEDULED AHIL��REEOppS ONLY AUTOS pp AUUTOS ONLY AUU S O LY COMBINED SINGLE LIMIT BODILY INJURY Per erson $ BODILY INJURY Per accident $ CpsP Oa dTY DAMAGE UMBRELLALIAB EXCESS L1AS OCCUR CLAINIS-AIADE EACH OCCURRENCE 4- AGGREGATE DED RETENTION i A WORKERS comPENSATION AND EfAPLOYER3'LIABILITYER YIN ANY PROPRIETOWPARTNERtEXECUTIVE ����CERANgEPA,�gER EXCLUDED? (IrandatoryinNH) Irrye9s deseribeunder DESd4 PT10N OF OPERATIONS below N I A X MWCOi45739-04 411212020 411212021 PER OTH E L EACH ACCIDENT 11000,000 E.L. DISEASE- EA EMPLOY 110001000 E.L DISEASE - OLICYLIR" 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remarks Schedule, may be attached IF mom space Is requIrad The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a Broadening Endorsement with "Primary and Non -Contributory" wording. Waiver of Subrogation provided only when there Is a written contract between the named insured and the certificate holder that requires such status. The Worker's Compensation Policy includes Blanket Waiver of Subrogation. Brazos County 200 S Texas Ave Suite 352 Bryan, TX 77803 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ka--qo- "I' 6 AIICTn4 Ap In CO ACORU° _ `,r,,,r,- CERTIFICATE OF LIABILITY INSURANCE �►� �� 10101/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 9 the certificate holder Is an ADDITIONAL INSURED, the poticy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terns and conditions of the policy, certain policies may require an endorsement: A stiMment on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER .512-4477773 Time Insurance Aggeency, Inc. 1405 East Riverslde Drive Austin, TX 78741 Time IasuranceAgeney, Inc, Time Insurance Agency, Inc. 512-447 7773 FW 512-4404989 N Hat. + R A[FORD COMRACE C M URERA:Gemini Insurance Co 10833 g O RUN s$`�d'Loop WSURER�sCoMro! e - INSU C - DMRERD.- [MRER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPEOFINSURANCE OIL BR POLICYM MBER PDUC1f EEE mumalrym FOLICYEXP uMns A X commotCULL GENERAL LIABILITY CLAIMS -MADE a OCCUR LGLOODOSD1-06 101011201S 10/0112020 CH OCCU NCE S 11000►000 DAMAGETORENTED PREMISESMaom i 100,000 ��, ore " 51000 PERSONAL &ADV RY S 11000,000 GENL AGGREGATE LIMIT APPLIES PER: X P000Y ❑ JECaT LOC OTHER- GENERAL AGGREGATE 6 2,000,000 PRODUCTS -COMPIOPAGG 2,0001000 AUTOUDEUMUMILITY AyNyYNAUTO A��UT��RONLY-ARRpOppt M AUiOSONLY AUTO V&EL COLfBINED SINGLE LIMIT BODILY INJURY r BODILY INJURY .Iddem PROeS YMDAL4AGE UMBRELLALIAB EXCESS LIAs OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE DO RETENTfON3 yyp�Rg ��p AND HYI LP OY RPS' LrAB� ROE YIN R R EXCLUDEQ2 �U"VE „i If desaibe D N F IRtder PERAT! NIA RER OTH• E.L EACH ACCIDENT S E"L. DISEASE - EA EMPLO EL DISEASE-POLICYUMIT DESCRIP M OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, AddW*rW Remad® Schedule, maybe attached Hmore apace Ls required) Th General Liability potscy includes a blanket automatic additions! Insured �orsement (provision) tfiat provides additional insured and waiver of subrogation status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires BRAZOSC Brazos County Purchasing Dept. 200 S. Texas Ave- #352 Bryan, TX 77803 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS: AUMORM REPRESENTATIVE Vof. o pg- ` COD CERTIFICATE OF LIABILITY INSURANCE DAB 3`";z`o " THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATM ONLY AND CONFERS NO RIGHTS,UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND Olt ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ' REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: U the certificate holder Is an ADDITIONAL INSURED, the policypes) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION. IS WANED, subject.to Ile terms sadcandit(ons,of the poky# certain policies may require an -endorsement Astatement on this cerMicate does not confer gahts to the cerd icate holder in lieu of such endomment s . PRODUCER GEICO coNr=_..- GEC OneGIECOBotllstwd FmdedclsbM,VA 22412 PHONE i-Se$�ali s4 FAX AtC ' Email Addtesx RICOMMEND®QEICO.COM ' INSUREt(S)AFFORDINGCOVERAGE NAICaR LNSURERAGOVERNMENT EMPLOYEES INSURANCE .COMPANY 22063 INSURED INSURER B: BILLY .T HOYT DBA ALL-STAR PEST CONTROL 9899 Green Branch hoop BRYAN, TX 77808 iNSURERC: INWRERR INSUiERE 1NSURIERF: COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERN! OR CONpFFION OF ANY CONTRACT OR OTHER DOCUMENT Wtt71-RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT40 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Inn LTR TYPE OF INSURANCE ADDL INSD SUER WVa POUC1fNUMeER POWCYEFF MMM POLICYEXP !1l1DD OMITS COMMCIAL GENERAL LtAHtLITY EACH OCCURRENCE CLAIMS -MADE OCCUR DNAAGETORENTEO PA SES MEI! ce $ MID. EXP (Any one person) $ - -- - _ - - - - - PERSONAL & ADV INJURY GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S F>OLtCYH J'= ILOC PRODUCES-COMP(OPAGC OTHER fS AUTOMOBILE LIABIUTY COMBINEDSINGLE UMM Me acdden s 500, 000 BODILY INJURY— F_ erscn) - $- _ j� ANYAUrO 9100016101 09 4/26/2020 4/26/2021 OWNED SCHEDULED AUTOS ONLY X AUTOS t30DILYINJURY (Perauident) HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE orawftnt) $ UMBRELLALM OCCUR EACHOCCURRENCE .S HCLAIMS-MADE AGGREGATE EXCESS LIIAB JoED1 IREmxnoNs $ MRKEWCOMPENSA71ON PER 0711. AND EMPLOYERS' UABILrTY Y 1 N ANY PROPFdE MMARTNEME XECUTIVE NIA STATUTE ER EL EACH ACCII)F3li - J S,. �� OFFiCEHIMHfl_BHi MOWD®? (Mandatory in NH) EL DISEASE • EA EMPLOYEE H yes, desoMW tmde► DESCRIPTLONOFOPERATIONS below ELDISEASE-POLICYLIMIT S DESCRIPTIONOFOPERATtONSILOCATIONSrVEHICLES(ACORD10t,AddIdonalRoma*sScWule, may beattaehodifmom space(smquired) 2014 CHEVROLET 1500 VEHICLE IDENTIFICATION NUMBER (VIN): 3GCPCPEHXEG204580; 2019 DODGE RAM 1500 VEHICLE IDENTIFICATION NUMBER (VIN): 1C6RREGT4KN650778 BRAZOS COUNTY 200 S TEXAS AVE STE 352- BRYAN► TX 77803-3999 .SHOIILQAHY OF7.kI1EA00VAj=CRI= POLICIES BECANCEI.LEDAEFORE 711E EXPIRATI IN DATE THEREOF, NOTICE VaLL HE DEUVEREP IN ACCORDANCE WITH THE POLICY PROWSIONS. AUrIInAVFn Vol. s ;j 0 pg. I . 4 9CITYOF BRYAN TftGmdkff,.rc"vSiyW R X1101 , -'- 00* 1 8 Addd.., um. 2 U, Pes conte rol I'' -.1, p, Issue. Date: 7/3112'020' X, e 6ons.D.eadline!:"8/i.i/`2"),2 400f �'D NVI ;Response j4 Brazos,Qr pu y Contact Information Contact: Ms. Kaitlyn Nachlinger Buyer III Address: Purchasing County Administration Building Ste. 352 200 South Texas Ave. Ste. 352 Bryan, TX 77803 Phone: (979) 361-4285 Email: knachlinger@brazoscounW.gov 0 Vol'. 390- —Pg.1 9 Page 1 of 3 pages Deadline: 8118l2020 02:00 PM (CI) 21-008 Addendum 1 . W A- 1�0 5 ftation V MInfo -4 3, NJUM• .21, 006 endur�,J.",�.' Ir Pest"Con .6181 qVA M 6§�,C un 'IQU66tlqns'��. k.i.I�.*-I',v.l3raz -o Manuial Quesffbri I Response -D6adii6e:. 02:06 PM .8118/20 --A %i Ship To Information Coi6d..Chadd-Mendt Addtbss:',RurqNisihg-` ..^COU. M. j ?00,South ',Texas 'AV 3-te35Z`-". Bryqj .77-803 (979)�.,361 -F 4293' Bid Attachments Service Contract - Pest Control Services.pdf Service Contract Exhibit A - Pest Control Services.pdf Exhibit A - Addendum #1.pdf Addendum #1 6.6" gin"i6i'mat! -Addresw.AqdltOr!-,8`C Ace- P10-1136Y.1914' w yvn Bryan,,I, 77806 Phone- -'rfi razo Oboup., gpv� Vol. 3,98 pg. 2 0 Page 2 of 3 pages Deadline: 8118/2020 02:00 PM (CI) 21-008 Addend= I Supplier Information Company Name: Contact Name: Address: f k --n%D Phone: V l� 9110 • O.0 ,�) rJ Fax. Email: GAM 4G,(2fe t(.dYl Oi )Q 5 0.amdi 1 • t Or n Supplier Notes By submitting your response, you certify that you are authorized to represent and bind your company. bi) 1 M Av+ Print Name I Signatur Vol. 3900 Pg. 2 1. Page 3 of 3 pages Deadline: 8/18/2020 02.00 PM (Cr) 21-008 Addendwn 1 vei BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2023 Southern Pointe Sect 400 Corrected Final Plat DATE OF COURT MEETING: 5/9/2023 ITEM: Approval of the corrected Final Plat of Southern Pointe Subdivision Section 400, 15-.51 Acres; Sterrett D. Smith League Survey, A-210; City of College ETJ, Brazos County, Texas. Resubmittal corrects erroneous information on the plat approved in Commissioners Court April 25, 2023. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 05/04/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS:_ File Name . Description Type 2022-09- Application for Development Backup Material 20 COUNTY APP Southern Pointe 400.pdf Sourthern Pointe Sec 400 Corrected Final Plat- Corrected Final Plat Backup Material 5032023.pdf Duane Peters Date County Judge Vol.�sv-- Pg. e ofir� i oo`H j��g TY OF PLAT APPLICATION Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: plats@brazoscountvtx.gov PROPERTY INFORMATION APPLICATION DATE •: 9-20-2022 RESUBMITTAL: YES ,ZNO PROJECT / SUBDIVISION NAME: Southern Pointe Subdivision Section 400 I PROJECT ADDRESS OR LOCATION:17565 SH-6 S TX LEGAL DESCRIPTION: A021000, S D SMITH (OCL), TRACT 25, 421.2345 ACRES IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: N/A NUMBER OF LOTS:67 TOTAL ACREAGE 15.51 JURISDICTION : CITY LIMITS [2] College Station ETJ 0OUTSIDE ALL CITY LIMITS AND ETJs * Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project. TYPEOF APPLIGATION MASTER PLAN SIMPLIFIED PLAT PRELIMINARY PLAN FINAL PLAT AMENDING PLAT REPLAT IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? IN Acknowledgment; The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be Increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TxDOT - • WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? YES NO Vol. Pg. 2 g�PI?LICANTl Fc, %ATION I . .. ......... . N.- a FIRM NAME: Schultz Engineering, LLC CONTACT: Ricky Flores, P.E. ADDRESS: 911 Southwest Parkway East CITY: College Station STATE. TX F7AP:77840 PHONE: 979-764-3900 979-764-3910 EMAIL: rlcky@schultzeng.com FIRM NAME: Phillips 3 Land Holdings, LLC CONTACT: Wallace Phillips ADDRESS: 1140 Midtown Drive CITY: College StationSTATE: TX ZIP: 77845 PHONE: 979-2554466 FAX: EMAIL ps3@--gmail.com ENGINEERINFORDAATION FIRM NAME: Schultz Engineering, LLC CONTACT: Ricky Flores, P.E. ADDRESS:911 Southwest Parkway East CITY: College Station STATE -.TX ZIP: 77840 PHONE: 979-7 4.3900 FAX. 979-764-3910 EMAIL: ricky@schultzeng.com ',g FIRM NAME: Kerr Surveying, LLC; CONTACT: Nathan Paul Kerr ADDRESS: 409 N Texas Ave CITY- Bryan STATE: TX —ZIP: 77803 PHONE: 979-268-3195 FAX EMAIL: nathan@kerTsurveying.net -. r.'tsrt R 11 F ME N' QR N 4 �' ' I , -- — Mot FIRM NAME: CONTACT: ADDRESS: CITY; STATE: ZIP: PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT! AGENT AUTHORIZATION Vol. 32-8 -pg. 24 By my signature, I hereby affirm that I am the property Owner of record, or if the Applicant is an organization or business entity, that authorization has been granted to represent the Owner, organization or business in this Application. I certify that the preceding information is complete and accurate, and it is understood that I agree to the Development/Subdivision of this property. SIGNATU Ey� RINTED NAME: Wallace Phillips DATE: 9/20/2022 SIGNATURE: eazseaazeecoaas... PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Application indicated on page one of this Application. The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not conform to the staffs recommendation. DATE APPLICATION RECEIVED: / / ' I DATE APPLICATION RECEIVED / REJECTED: / / SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does notprovide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional Information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): Three (3) hard copies to Brazos County One (1) .pdf copy to Brazos County One (1) .dwg copy to Brazos County One (1) hard copy to Brazos County Health District One (1) hard copy to Brazos County 911 One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ✓ Letter from Brazos County Health District - For On -site sewage evaluation. Letter from Brazos County 911 - For Road names. Letter from Water District or Company. - Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ) of a City: Approval notification' from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. Vol. 3 9 1 Pg. 25 Every Simplified Plat shall include all of the following: r Title Block with the following information: Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. F0Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) Date of preparation. (Include the date of any revisions on the plat.) Engineer's scale in feet. Total area intended to be developed. Proposed number of Lots to be developed. Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. North arrow. I I , Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. �A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. F-7AII adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. 17All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Right -of -Way width for all Roads. (Existing and proposed) FAIT existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) Pipelines: label company with volume and page. All certification language as found in Appendix C. Easements and rights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. F71AII proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an ,Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plat note. Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according Vol. Pg. 2 6 to the best available data. (Shown on drawing; not separate description) _ 7All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, Bernsten® Standard Aluminum Base monument (or equivalent as approved by the County Engineer) embedded and backfilled with compacted sand may be used. All Daughter Lots, Blocks and rights -of -way within the Subdivision shall be fully monumented in compliance with the Texas Board of Professional Land Surveying Act and the Board Rules set by a Registered Professional Land Surveyor,(RPLS) before the plat is recorded. 7 Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. The plat note regarding Owner's responsibilities as found in Appendix GA, if not contained in the Owner's dedication. WIThe On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). FVI If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. ❑ BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. _ ❑ A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be twelve (12) inches higher than the highest spot elevation that is located within five (5) feet outside the perimeter of the Building, or two -feet above the BFE, whichever is. higher. FAIf any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. WIA separate drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations '(existing & proposed), and culverts (existing & proposed). WIThe certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. If any Lot within the plat will be served by a well or an On -site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On -site Sewage Facility (OSSF) Regulations, Construction Standards for On -site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. W1If the plat contains a water well site, these shall be p--depiction of the ^TCEQ separation Vol. 3 9 8 ; P. 2 7 requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ZIf rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. If, any areas of the plat are located outside of all incorporated areas, the plat note as found in Appendix G.1 regarding the requirement to obtain a unique Development Permit from the Brazos County Floodplain Administrator prior to locating or altering a structure or land shall be placed on the plat. It is the responsibility of the Owner -to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. Driveway culverts for all Lots shall be designed by a Licensed Professional Engineer. If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. . The diameter and length for each driveway culvert shall be shown on a table on the plat. This information shall also be placed in the deed restrictions for the Lots in the Subdivision. The Owner shall provide a letter of serviceability from. an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. Any Improvements proposed within the Right -of -Way including, but not limited to, irrigation, landscaping, sidewalks, Subdivision identification signs, etc. shall be maintained in accordance with an executed license agreement between the County and the Owner. This check list along with the required copies of the plat shall be submitted to the County Engineer for approval. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vol. 398 Pg. 28 Every Master Plan / Preliminary Plan shall include all of the following: Title Block with the following information: Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County-911.) Date of preparation. (Include the date of any revisions on the plan.) Engineer's scale in feet.. Total area intended to be developed. Proposed number of Lots to be developed. Abstract name and number. The Preliminary Plan shall carry the legend "PRELIMINARY PLAN FOR REVIEW PURPOSES ❑ ONLY". North arrow. Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. Subdivision boundary indicated by heavy lines. Boundary must include all of Parent Tract. aAll horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. 7A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. Road names and Road designation (whether the Road will be public or privately owned), pavement width and Right -of -Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) FIAII existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) (Existing and proposed.) Pipelines: label company with volume and page. The Preliminary Plan (including the entire Parent Tract if only a portion of that tract is to be subdivided) shall be shown on a single sheet, regardless of its acreage. The Preliminary Plan may also be shown on multiple sheets if necessary to show all detail and required information as required by this section. Size, in acres, of all Daughter Tracts. F] Centerline tangent lengths and curve data for all proposed Roads. -❑ Easements and rights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. Vol. -�--- P9• —.._ All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with a[[ Utility Providers the location of all utility Easements that are shown on the Final Plat. Building Setback Lines for each proposed Lot as defined herein, For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or included as a plan note. ❑ Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part. All boundaries shall be tied to a County control monument. The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). If there are any areas within the plat that include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a BFE for all points within the plat. BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12-inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. A drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ElIt is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. If entrances or driveways are proposed fronting Texas Department - .Tra, portation (TXDO ) 398 P9._ - Vol. controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. For Road widening and drainage purposes the Owner shall dedicate the Right -of -Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. Indicate the centerline length of each Road in the proposed Subdivision and its design speed. If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private- alleys. Locations of existing and proposed public areas. Locations of other public Improvements, including but not limited to parks, schools and other public facilities. The location of proposed cluster mailboxes, as required. All proposed Off -site Easements for infrastructure construction must be shown on the Preliminary Plan. ❑ Proposed phasing. Each phase must be able to. stand alone to meet requirements of these Regulations. Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. If the proposed Preliminary Plan is to be a Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. F] Drainage narrative in compliance with the BCEDG. Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On -site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. vor. 3 9 ® Pg. 31 Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following: For Road widening and drainage purposes the Owner shall dedicate the Right -of - Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement. In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. If public Roadways are to be built as part of the plat, the plat note regarding the responsibility for construction of Roadways as found in Appendix G.3 shall be placed on the face of the plat. The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's- dedication. Indicate the centerline length of each Road in the proposed Subdivision and its design speed. If more than four mailboxes are to be provided within the Subdivision, cluster mailboxes shall be provided and the location of such shall be indicated on the plat. If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8 of these Regulations. Locations of existing and proposed private alleys. Locations of existing and proposed public areas. ❑ Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. 7 All Off -site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. 7 Proposed phasing. All phasing shall be in accordance with the approved Master Plan and/or Preliminary Plan and each phase must be able to stand alone to meet requirements of these Regulations. Infrastructure costs should be separate for each phase of the Subdivision. 17 Location and size of all existing and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property. If the proposed Final Plat is to be a Private Subdivision (containing privately maintained Roads), the title of the plat shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. In the case of an On -site Sewage Facility (OSSF), the Developer shall be responsible for providing a Development Plan, as performed by a Professional Sanitarian, a Licensed Professional Engineer, or person certified as required by TCEQ Title 30 TAC Chapter 285. The sewage disposal plan shall be performed according rules and regulations established by the Brazos County On -site Sewage Facility (OSSF) Order and TCEQ Title 30 TAC Chapter 285. Vol.390 Pg. S SOUTHERN POOPTE so+mlOwwm+rerN¢,vwr / SUBDNISWN SECTION III PA a]S1 —---- ----------- \ "y 26 1 Ilrwf s^ 26 I W COMIv- / 7L MONAREAC400 a.,P ruin REC CENTER '�a\ .•r >3 f 1. I %I 2.325 ACRES 'It - Ila�'3 , 29 �a 30 �iU1 23 rue 22 , 1L5 p ,y f rw3l B E I. 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IOa SOVMW sw.+mx - aL+w r e•Im mrn ,•Iva umm asvcv Yn ,•. Wm awuuR ]mi rlalam n SPNT! nmmm¢ UC 0 LaKN1 Ova 1� �wmo 3'�Of m°`�' �Nm w.m,wa6 u W ,� w:t�. W VICINITY MAP �vnina au +a.+.�m m•I � �Tor�+um ma+a a wm a a m.an umm mmcr n +. Daum mamr IIo IaI]m mwrt RUST n. amlralN� C O ra Pd4�m b M Ntlm•N]a 11+Smnat IN maw u9 rw®ao W ¢ W uo 1W(um�fuloul t7Ui POIME mi mi . m a Dom uo', v��m mmu++a I ®•�ma � DMS,ON ,N.IumwaL ae,ME la ,Ra wanantm P Iw�Rm m a,ms.. LON III AlowNntO NSOSamx 9NR IL]N,nO I.�O/W mbLnr.CIUC a18[ 10poaID N M aMMw13 W.'GRR16• •,C R(9Km6 Y M aaOtlC<n 6 ��11A4 fUa m M UmIOaSOxf➢E mIM Oi Wm3 mYYlf. IDAL Ym'"'.aura®T WILL ,WTI /Js mM¢ was �'®� �m� � OG O�O.am'�imn�T¢AMTYY^Da a1 Mfg m aO�YVM/['� 9�M �TO4+• 61 ¢T6v o+n• ra mnv LEGEND fL,I�.vnr.ON,.� FINAL PLAT SOUTHERN POINTE SUBDIVISION SECTION 400 15.51 ACRES VOLUME 18263. PACE I W (ONUBM >71:RRCTf D.sAl17H LEAGUE SURVEY. A•210 RRAZOSCOUNTY.TEXAS 60 L073 BLOCK 79. LOTS I.34 BLOCK 80, LOTS ]•'-4 PARKLANDIP400•IA75ACRES COMMON AREAS A 400.14 DO.3.693 ACRES SfALC I•-aP WY,1w, SURVIIYOIC OVMPRmPVP1ADER: ENORJPIR: Cv aaUillISNMIMC`U[YllnrNENL WC. IIb WUin NUMIaY \\.�.�•,� lti^�A NDIL[STATIUti T%nN) NdmP�lltm.IVISN..mN `, e"ism i m+�• _ •,nn.•tw Paln,ao I mmun v D®w n0 om47a a1. 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Vol. 3 9 p9. - - =Qm® mom'. m VICINITY MAP 1 NOTTOIPALR 4rf�'ay v1E1nnGTrsorsciumnn OFA Iif1AG STGtrtETTO. 3NIIPAGUESORVSUREEV.AOSIRAR310 Olu.05 COI1NfY.TE1fA5 A FUMI) NOTES DPSCRLMON OF 1351 ACRES 18 T11E 57EPR D. SAMI LPAOUE SURVEY -]ID, IN ORA7113COumv.IF3tA5.CONYEYEOTOOVSOUnIFAN MIMUvWFWPMf . INC.IIJ VOLUME IKIMPAGE IWOPTIICOFFICu PMM RECORDSIW BRAZOSCOUNTY. iPYAS (OPR MSAID IS31A TESBRIOMOREPMTICUEAW.YAESLTIDED" METES ANDW-MAS- FOLLOWS: eEG7NMNG ss • In aeh fmo mlln Iv0 M beh by ied. ^.N^ b be M vim blm pkuia •+P n.mpN XkTR SURVEY rd.,, m am mapeud. 101 O 394174 OP U .f Loran PO.v CUY f m. ram mm+l of S.umme PuEn SuJdiea,bo SmUa ]Dl (n9J9n]1 OPAOCIY, f rt( , W CLf of CcVn. SIWm GM Cewul Jlaavoem C59+•1 SI bun Sal • WW E • db.wc of l 7S1 f TIIENCF•oW Uammmnitaae.eyu/Wd SmVm MI rwm9 faVwvry mNRl ma.al vddW.vlvc 11S4.1YDi•\Y.d;uNuA31r9J fa. Ir .17 L IW.Nbebknib fof IAII.I. ]) W. • vn.r 1. 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(u.ailap.iY. 121 S II-ZV4'S.• E. aLUert of 90.(q fM b W PDIIR OFOl:CINNINGhvmf.vdLm.ivivl ti I •vn••t 1..4mm Lvka SimvYLdmm<M•d20]I W]a]]uNa mY wpa>idau 11N SeOLOb bf mba '61-Imma T.•w Di.unee.dc.eabcJ 9aLfn�acwukmy,Bue�m.O.Tuabute leN JiL.rcel lm.RdJN.v�m u�'rPb4/.em`Navl sek fa1N9f0.999V0141 W 12 (olaUW mtn101M10120} BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC2023 Winding Creek Estates Road and Bridge NUMBER: Phase 2 County Maintenance Acceptance DATE OF COURT MEETING: 5/9/2023 ITEM: Approval requested for acceptance of the roads and roadway drainage structures in Winding Creek Estates Phase 2 which are in compliance with the Brazos County Subdivision Regulations and will be included in the Brazos County road maintenance system. Site is located in Precinct 1. TO: FROM: DATE: FISCAL IMPACT BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name No Attachments Available Commissioners Court Karen Tyler 05/01/2023 False False $0.00 Description 3 o Pg. Vol. Type A.&PROVW Duane Peters Date County Judge E 0 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT CC2023 Winding Creek Estates Road and Bridge NUMBER: Phase 3 County Maintenance Acceptance DATE OF COURT MEETING: 5/9/2023 ITEM: Approval requested for acceptance of the roads and roadway drainage structures in Winding Creek Estates Phase 3 which are in compliance with the Brazos County Subdivision Regulations and will be included in the Brazos County road maintenance system. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 05/01/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments Available ]'ROVED la3 Duane Peters Date County Judge I 9 O =—"— t9 BRAZOS COUNTY BRYANJEXAS DEPARTMENT: Road and Bridge NUMBER: CC2023 Town of Millican Blk 115 Lots 5R and 1 OR Final Plat DATE OF COURT MEETING: 5/9/2023 ITEM: Approval of the Final Plat of the Town of Millican, Block 115, Lots 5R and 10R, 0.8608 Acre; Elliot M. Millican Survey, A-40; Millican, Brazos County, Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 05/03/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type P al t ftaagation-Signed-Blk 115 Lots 5R and 10R.pdf Application for Development Backup Material PLAT - Town of Millican Blk 115 Lots 5R and 10R FP 2023- Plat Backup Material 04-25.pdf APPR Duarte Peters Date n i�ge Brazos , County Road t Bridge -Office 2617 Sf 121 West .8ty0n, tX,77803 Telephone; 79 -0,1#2,2 Fax: (97.9 775-0446 Em , kilt ::PLAT APPLICATION SUBJECT PROPERTY INF.- APPLICATION DATE-. ,April 10, 20231* RESLIBMMTAL,.; CI; 'YES 0 Na PROJEC,T,I.SUBDIVISIQNNAME:.,IL4jf.5R-& IOR,..Blbbk 1.15,TOWN OFMILLICAN,- PRPJECT ADDRESS OR LOCATION:- 22-562.I3u0hana'n.-*.Street, Millican, Texas. LEGAL.'DESCRIPTI,gNs.1-**dts.4,5"9&i6.81'dcklt.S.,TOW.N-OFgkLLICAN'iP3272A;.-R'i0mc6ti* IF RESUBMITrAL, PROJECT FORMERLY KNOWN. -AS: NUMBER'OFLPTS: 2 TOTAL -ACREAGE 0.860.8 Acres JURISDICTION s C3 crrY LI!VITS El _-ETJ 0,,OVrSIDEALL.CITYijmrfsAND ETJs Notification bf Appooddoh cbrinplet0her;s; Will. be.,g!V.dn,wft . h1h IQ daft of Application date. 'All iftbiftl6te Appilimt1dri! Will be'ie*te,d. This Applidatictishalleipit0l, ftothihiUApplication date df-thaprpjeiqt, IN A'FLOODPLAINbR0Lbdo.KAzARoA0EA?- C3 -YES 0 NO Acknowledgment:; The :boundary maps qjo4. other flood' data used by flood he ffoqo! hazard - ou m rr. zpsCoqpt .. yin,qyojoating o hazards to proposed Developments . ts are,considered reasonable and accurate fdr.regulatory;purposes arid are easied on the best -available. scientific andengineering d6ta On rare occbs1dns--'.g'feat6r fibodb.'dan-afid Will..dcoUr"and 'lood heights maybe increased b . y:man--made'pr natural muses; Issuance of a- fldddplain PerrhIt in adodt'dih6e'vAth the 'Braz6s"Couny F1'ood'D*fl5ge PreVeInliori Ordlna—nc6; :does'n"ot I7rfiolyth"ii Divel6omeht doWde ffie"are'as.ofs— p,eI I qq hazard will beRep. 6om l. .ngrdr fided dana§6. tsSuanCO of a.pbrmit shallnot creai0l 'i i ydtheiift 6f96zo 'do4j� briny qtOcerpr employ0b ofbriz Brazos County In the eventflood(n9orftood-dimage.OoQspcqur. AiqVcciNsTWUcMON o0qvkm Tx'bpT'pj0H1,-OPIvvk?s? 'YES N' NO NO 0 38 FIRM NAM!~; :Montclair'Compariies;�,LG; C.Q1�1TACfi: _...., AODOE ..6 PO-96 10173 ........ ...... ... .... _ ppy, �Collego Stat 6h ........._... _. __ STATE::' Texas PM,QNE . 979-22Q-:1D3 Fwc: EMi41L 00601 I tt?�+1, w►E::$ame as Appff �ij•I�ITACT: AbDAESS'. CITY.' STATE; 21PR P�QNE: ;PAX:• FAAAIL� FIRM NAIIi1E: tt!IC ure::& Br. oyvrie'.Eagiovorj.n"g/9uRvey)t 9,„2; ik coNrAct; 1e•'ff,R6beiCsoi A0DRE55 I Woodereek bri,.;S to 1,03 -.... ... _._......._..._............... _......._ .. CITY: 'College :Station, S1A7Er Texas ZIA:: 7.7:845- PHOtVE. 9Z9b43�'3838 :' �?x------------ EltilA(�; ja�fr@mccluiebrowne:com. Iitc. (FMA1GM'reC,01 4 otowAEn'n 0,64u0'NgRTA gryio ._.... :ADDRESS: too$ Woadcreek'I r,,,S�lte''.103' crric: ;College Station _ sta7: Texas ZIP 7.7. . :RINQNE:; 0,791693r3838 FAX `Erv)AII.:: gregh mcd1urebr0.wn.=0m: Meng ZL - FIRM:NAMH: `frbNT�1CTt __ _. •.ADDRESS: CITS! :STATE: ZlE? .A.PHONE,: FAX: `ENtAIL; PROPERTY OWNER CONSENT 1 AGENT AUTHORIZATION Vol. 0 Pg. :I`hqr.eby,,.aMrm-jfiit i.,aM!(he prope ty.Qwnet:of record or if the Appligriti'is•an :organization or business entity, that authorization, ' =16!n"�a" !n graded to -reprise.. ( afowrst%, and it is:.UAdefWdbd 1�at I agiW to that. DeiV8topWd(1t/Sub;IiVIbIO Ithis. 2LMdRA VAA ,_F.,01Nt8d. NAME, DATE..: SIGNATURE:. PRI(t1TED'I�AME: DATE: sigjurig this form, ;the. Owner processlarAW4 ...-. _ County t�beqlnpro;.eeo�la=r4hnoe: v&-ths", ;Application ndipafii4 6n-k -or* of Chia Ap#I1pj'qn.Dp:0wnerfud�er .' am pp11catio ..does'notln.anyway-obligate e �By: 7 iwi� �Curiyto AP0660i.dnd that 4bdUdh-.CoU*,stab Make certain -jetdMMeMd brs xdgardIng 'this Aopatldi-th Commissioner's Court may riot foUow'that.n:ooinrtieridatibn and may make;a opal d@cis)Ort that• ot-to, the#Ot' did states reeortltr3endatcon., AP' 011cpUbn Check List: Copies of frrihed: plat with corrections 01 One(I"j, pofcopylo;8razos: 'Outl -.0m: qPPY to Brazos C."quat"Y Ei Orip r �.qrOoppy,-.'tq- 5 :Coubty Health Distriot 'OrO.Ompany L YrovoT �.,tob#:00by tNO0vh .ir%tbridit6dlyrt01 Eh'iMirM 9 ast e4libblOttia -:-F-!*. 0 06 "t. vWUMU muh -H v-sue. .C. Q L.0#4r.frqt..n:Ot2oo.s,-,'OPM fy11 k"t Road homo's. It tl.o4orfrom Vv' rO.'Istril Ar.",'Stating iater':avaiiacility; etc. Q. "(3. : - If'oMpNert hoth*06. f6m.-A-Pproorta.te, City: Applicant. ette%q. that -fty 'hava she'd ned this. AP,010,41otl in; ,the :pa'pac fy designated, if any ;and further' attests ha' y ,have rqa4doq�an theVotoMe0t tontoih A Md.-ar!y;at;attaches! are trub:and :factual, All are,Jein'd-bur'a" d 6 review the ;County Rdo.ufations pirfor1q'i any 'plat submittal. If Isunderstood,that encouraged S We. .'PlOd: --at 'the '13rozoo "'C'Q_ub-ty this Application, is not finished pr A'atigO p-- ij .411 �fitp 'b til'OhO.VinO Qffilbe,:an-d.011: 611 bli blPi' Vol. 398 Pg. 4 0 i at wK ybr� s 7raw'e•- rsa KXX Blwk US O.Z"O A— Lote 8 & 10 Bloch 118 0.2"0 Acres n nvaoR�ma�.q.0 w row ORIGINAL PLAT lays0&14 amr IrA lays 4 & A mcm 114 I8f aaw law D r.H[4 & mY rein PAGE I7E AVD ME 41e2a ACW M461 R[La� A• KY w re , RIGS 70 IIa[ OIIT49 • avert v nae a r• a w jMY ar;� � ��mpa ."�on�i IMF rrrsivY m..m� v° w m .rMObwq b C•r..o+. cnrt v>ma mwn v envm b tln pbp� a"I orYp4" I M MI"�"iL � ww.p9 d.rrrrr-br A QWVGIL d• I19at ei mmua v vL mmvr nm we v mb m.nr v smm mr K IH sWamr .� 4 r.)etlr • en•+tme o a.E mr oa mmpr.m�r adrnr"mr 4.Ts am w.rt"•s� r� VICINITY MAP 8.h— s6Wt r Ar m br nb. r----------•-----� I K,: ,: I I I I I I I Lot 6R a#mi A— I I I I I I I I — % L -\m.RL — — — — --1 — — ---------------I I I I I I I I I y I L Lot JOR I aAwAra, I } I I L------------- J N 7I9I9I-r- Imes m• p saes ab' i;- HEP� T p)� m a um w mt >rtr•r • a M mn rrer 1 vawar or raa� "m. 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BLOCK M. 70)W OF AWbCW mmwm !N KYDYE x PAGE 484. 1NE ao455 Aavr M4Cr REAri4Om eY MMME 18514, PACE WS AND W a7870 ACRE =or Ramwm DI { zwr l8544 PACE 7D a8608 ACRE Dlnr At At1 M V~, A-40 m m ,vj T DEPARTMENT: BRAZOS COUNTY BRYAN,TEXAS Road and Bridge NUMBER: DATE OF COURT MEETING: 5/9/2023 CC 2023 - Utility Permit - Wellborn SUD - Koppe Bridge Road - Install 80' bore for a 1" water line. ITEM: Consider and take action on the Wellborn SUD utility permit to construct an 80' bore for a 1" water line under Koppe Bridge Road located 3,855' east of Hopes Creek Road. Site is located in Precinct 1. TO: Commissioners Court FROM: Darrell Kolwes DATE: 05/03/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: 80.00 ATTACHMENTS: File Name Description Type Utilily Permit -Wellborn SUD - Utility Permit - Wellborn SUD - Koppe Bridge Road - Install pp lsoe Bridge Road - Backup Material Install 80 bore for a 1 water line..pdf 80' bore fora 1"water Line. 11 f 'FT -k jai Duane Peters Date County Judge Vol. 398� f'q._41_ APPLICATION FOR WATER UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN :COUNTY RDI HT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section] 81_.024, comes now Wellborn;SUD .[company namej, hereinafterreferre-d to as."Company" a Texas [srateJ-Corporation, with authority to transact business in Texas, acting by and through its duly "authorizdd representative, and hereby petitions the County Engineer for the;right to lay, construct; maintain, repair acid/or operate a water line tinder, over, across and/or along certain County Roads as `shown on drawings.and diagrattts'attached herefo'and said location described -as follows: Facility to Cross Road.. 'Road Name & Block Number Length of ':.Crossing TYPE OF CONSTRUCTION :(CI•IECK ONE): . Bored Jacked Driven Cased ::7448 Kopo Bridge Rd : -84' }{ X _ Facility to Parallel County Road Wiihin Right-0f-Way Road Name and Block Number From To -Distance CONSTRUCTION TYPE - 1" Dinntcter 0.10" Wall Thickness 2" Encasement Pipe. Material Specification PVC - Masimurn Operation Pressure 200 -PSI Th' location' and . description of the proposed installation. and appurtenances must be - fully shown on 'the attached " detailed drawings. The Company shall commence actual construction/work in •good faith within 60 days from the date of said permit, and shall camplete'said construction /work within I5 vtr"drking days:.(COWANY It)IUST FILL. Ili. If siich- cortstructian is not begun by the 6011 day, Company will be required to apply for a new permit.: . Company declares -that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground,- and the filing of this application is. prima facie evidence that 'the. proposed installation will not conflict with anyexisting utility:._ A:copy of this permit shall be kept at the job site any time work is being performed. Its -is expressly stipulated thatAhis-Permit isa- license for -permissive use only and that the placing of.:facilities upon p6blic property pursuant to this permit shall not operate to.cceate or vest any propertyxight in said holder. It is understoai and agreed that'the rights and privileges herein set out are granted only to the ea-tentiof the County's right, title and interest in the.land to be entered upon and. used by the holder and the holderwill at all times assume risk of .and indemnify, defend and save harmless Brazos. County from and -against any'and -all loss, damages, cast or :.expense arising: iri any manner.on account of. the exerci pied-e�teFeise4* aid -holder f the aforesaid rights' and privileges. n = Vol. 3 9.8 pg- A 3 Any deviation from these spedifications mtist,-be approved .by Brazos County Engiincer's Office or' its designated. . representative. .Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to- comply witli all rules :gf:tlte County Comanissioners and the'CourityEngineer •itt construction of said installation -attached hereto as -BRAZOS COUNTY IDESIGN STANDARDS AND SAFETY PRECAUTION . REQUMMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. - - • �.::diillie event Coiipany jails to`oGtaiu n perlriil prior. to tlteansfnUafion or does hot litsdall:rrlllities ht coii►pllnrrce ivilli.• : �-• installation regWre)gents set_ fords herein. (i.e. depth; locallon, etc), Company assatnres fill firattclnl respousibilitj+for Wanrages and/or destruction of llttes, cables, etc.• based irfrtirt its jallare M comply rNitla Brazos Comity requirements, Applicant agrees that if Brazos Cottnly ilenionstrates a violation of the terms of thls policy, Applicant adlpW ales tha! re4n1sltes jbrags)linclive retie, f exist and thtrt Brazos Con ity 1s entilleil to relief enjoining arty conditc, bJ, rippolcaart which is contrary to the policies. . • : :.. ; This perurit is a revocable peratll. Brazos.'County reserves the right to revoke this peruaif at atty.thne; in the'sole ' . ;rliscrellon of Brozos Courtly,: for interests• of public health, safety or u,eVrgre,. er for failure to repair ggj, tlantages gpon.tlentand,'or for any oilter;reasoJt demkiluif f1clehi by:Brazos Coatiaty. lir the event Cmnpaiay falls iv _canrply with any or all of M 'requirements as sel fortli'herein, the Cojtnly wary •take: `such action as Jt tleenrs appropriate to compel compliance. -Tile ComtlpEaigitteerfttrliter ielaitas Ilse righl to revokd this Perntlt 1) v.erbal riot fcalion to the AppllcondConipa iy ..:Railure to obmiat:ilris perniit.aird/or not fy.i1& County E_iigitteer's Office iuilltin 29 hours'of beginning cotislructioi ` : , shall cotrstilute grounds for job shutdown..' By signing below, I certify that fain authorized to represent the Company listed below, And that. the Company agrees:.. .:to the conditions/piovisions inoluded in this, peiinit. Wellborn S D Company Name Campbell Young -..: ' Signature ::. General'Manaaer' Title. :... ; P.O. Box 250 Address ' Wellborn Tx 77881 'City State Zip :. .979A 0-979 Telephone Number iulia i0wellbornsud.com 3 von;:9.o .: Pg. 41 <: •_ ..wl.....� e.J._e• _..:Aa.: _ ....tom-' :: �. :r.v:n'�.�-:'_. ..• . - .. _ - < _. .._ .-..� .0 6.+, __ �3... ___• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :ROAD .... . .... . -.1 . . . ....... ...... . .... . ........ . . . . . . . . . . . 'SHOW NORTH ARROW" .. .... .... .. t. ...... .... . '9'eC .. .. .. :"A"L 35VG .. . .... ... . LA V ...... E ...... .... ...... . ... pp . .. . ...... 0. ........ . . I.jw"'CROSSING ROAVORDOINQ-..AWNG.RlGHT-';OF-DEPTH:$��LO.CATtON'OF.CONST-RUC,-.TION�114:TY-PE-;::-" M.AY,,,. -SECTION PLAN ,:" . . ...... V R-CON$100,C-.TION.--TO'NEARt.S-T-INTERSECi T,10Mt.l`:'.�l:l .... .. .$H V. PISiTANCEfROM'.:-Y.OU 3., IF ABOVE.PLAN,VIM'ANDIOR'.TYPE'SEC' TION.SNOTAPPLICABLE- THEN SHOW.APP AOLE PLAN': ANWOR SECT ION.'' T t 511123; 8.26 AM GiDcsEG Ma' ps 30"3Q'43:3W.96`21'06.5`W 30'3tl'43.3•M 98.2.1'06.5*W - Google Maps �i ]) 1 5 t 3 L zF: S - �.. , Imagery 02023 Houston-Galvesim Area Comm MaxarTechWogles, USUA/FAAC/GEO, Map data Cam 500 fY { b� i1 ;4r t - f r httpaif w9 8 �� pgiplecel30.34'43 3'N+96'21'06 5'W1t 3D 5530093, 96:3492418,17IWdata=!3m111e3l4m4l3m3l8m2t3d30.512022814d-96.35179&8 1/2 BRAZOS COUNT' ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK.'CONDUCTED IN . . BRAZOS COUNTY RIGHTS OF. WAY -A. General Re mirentents . 1. Adequate drainage"shall be maintained in ditches at all times.. 2.: Permittee will use best management practices ("BMP") (EPA and TCEQ both prov-ide lists of examples of BMPs).to minimize erosion and sedimentation resulting from the proposed installation. 3. -The permittee shall take precautions io avoid damage to property, -All County Right of Way and property shall be restored to.its. original condition, as far as.practical, in. the _opinion of the County Engineer or appointed representative: - 4.. The construction and maintenance of such utility shall not interfere with the property or rights -of a prior ° . occupant. 5. Permittee' shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County -or other utilities running through the right'of way. - • : " - 6. County Engineer shall determine whether or not ' ermitice's plans shall inconvenience the public.. If it -is deiarffline'd-that inconvenience to the -public exists; then the County Engineer will decide -whether such :project will be alloived or -if an alternative exists.so as not io inaonvenience.the public. A &fete'Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic .control measures must -follow the Texas Manual of Uniform Traffic Control Devices (TMUTCD). See Traffic Control Requirements below: 2. During construction; all safety regulations ofthe Texas Department.of Transportation shall be observed.. . :. 3. -Penriittee must fake such precautions_;and measures, including placing and displaying safety devices;: as.;: -public may ti6 necessary, in order to safely conduct the through the project area. Company shall. provide : flagmea,.signs, signals or devices necessary to provide complete`safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to•trafflc and adjacent property owners. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or"repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in. the °Right of ... , :%Vay for_ future installation shall, be placed at the back of the Right.of Way., Exceptions-maybe'approved. -by the County: Engineer.: C: Trnfc Control Plan 1. A traffic _control plan, pursuant to the TMUTCD or Engineered Traffic Control Plan must be piovided . for the following: a. - Any -construction (i.e. pit; excavation, hole) -left open overnight, requires specific ni ha ttime traffic control measures_ pursuant to the TMUTCD;VoL .. Pg. - b. -Ifconstruction is within ten'(10) feet of the roadway; or - c: Any work performed in the road right-of-way; 2.- Plan`: must be attached to the permit and kept at the job site anytirrbe"work is being performed. 3. Plan must set-forth'the time of completion for the job, D. Design Standards 1. - All overhead installations shall conform to clearance standards of the Texas Department of -Transportation and ih&pole be placed in the design ated area for;'power specified"as set forth in the Texas'Utiiities Code, Sectiorr.1S1.045. 2: All pole installation -(including lighting) shall be; placed at the backside of the Right of 4Vay to ensure •safety;to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the eompany's'expense. Exceptions may be approved, by the County Engineer. 3. All underground installations shall (these are minimum depths.. utility may place deeper): a. • be placed at a minimum depth of forty-eight (48) inches below the top of the pavement; b. be at least thirty-six (36) inches below ditch flow line when installation is within the area -measured : - from -top of bank. to top of bank; c, be at least Early -eight (48) inches below -ditch flow lineif low pressure gas or petroleum lines. For _ high pressure gas and petroleumIines, see High Pressure Pipelines requirements listed below; d. ', not be closer than ten (10) feet, from the edge of pavement" Exceptions "may apply in rights:'of �vay of less than 60 feet. 4. Water -Lines: All water lines must be.a minimum 36-inches.6elow the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. ... 5. Utilities. in all new developments that have 60 feet or greater of right of way shall be installed within designa#ed locations based upon the type of utility. The locations shall be as follows:.,(measured from back of`right-of-way).. :. Phone -- 2 to 4 feet, nominal ly.3' Gas - 4 to. G feet, nominally 'S' Cable 6 to 8 feet, nominally 7'_ : . 6. 'Utilities with less than 60• feet right -of way in all new developments shall install the utility in'' Similar manner as referenced in No. 3 above; "however, the.County Engineer or its designated representative will provide final approval of each utility. location. 7. The.length of any trench to be opened in advance'of the pipe,'conduit or r ducts may not he langer.th in 400' • if iefi"t peh-over night or unattended:::: 8. Crossings -under a eounty.road shall:.::: a. ,;be bored or jacked:-ABSOLUTEL;Y NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be;pressure grouted for the fuel length of the crossing if the annular space between pipe acid casing "and soil exceeds one (1) inch.. Brazos 'County must be given. 24. hours notice of pressure grouting operations and have the opportunity to_have'an inspector on_site to observe pressure'gr'outirig :operations; :.:.. von:.61I' 5 M'} c. _TxDOT Standard _Specification Item 47.6 shall be followed for -all boring. Jacking,:tunneling and joints.:'• 4. or = a. no pits shall remain.openaonger than 2 days; b.::.'all pits• shall have proper traffc:controf measures in place.:`See.Traffic Control Plan,listed above.. c, pits'sliall NOT, be. located tyithin'tdn (10) feet from the edge' irf paveinentwithout prior: approval from. - th• :Coun En" ineer or his re "resents - e .. ty l7 i d..:: whenpitsaie to remain open 'for:more than"8 hours, due dili ence wilt be:used in rotectin • the s oil ;leanpreventdrairiageprofilems; e` ..based upon soil, conditions, th'e. County Engineer or his representative mayrequire:shoHng to protect avement inie "city, - :. ... P g ". f.. ;based apon soi! conditions; tiie County Engineer or his representative May:require pits be'placed :. further. from the edge of road. ' ' = . ".10. ' Ariy.ins( Nation wiibin ten (�10) feet of edge,of pavement shall.: 'efthe following: ' .. a. `loeation must be appr6ved,by.the County Engineer or his: representative:: b. .'backfilled with cement stabilized'rnaterial.: c. ` based upon soil _conditions; ahe,County Engineer o_ r his representative inay require shoring to - ... ... . d protect pavement integri ty all excess water:and'iriudshall be removed from the',t=6 prior -to backfiilin Any backfll placed during -a rainy penod or at other times where:escess;water;cannot be prevented from entering the trench will :will be considered TEl1PORARY:and, shall be re laced ,.. With, PERi�RANENT cement'stabilized.: . ;'.:. - .. .'' mat • ` , erial.as soon'a5'weather;pertriits• e. - :ail:&Wrbed base acid paveinetrt materials shall be removed sin$ restored to:the syt sfaction of tlie."; Coun:Engineer or his re resentatiyes:' ,.n'....p..... f ' .;rio_side or lateral tamping'to.fill,voids under the base and avement inatcrials"is.allowed: - 1 l : Corry ;air must be:careful to not .eo ardize the "sloe or interi, of the:slibuider:of the`ro &`Jn the event " A S .: J .. p .. P h h' Company damages the slope;'shoulder.or any.other'portion oFthe.right-of rvay; Company will be " responsible for repairing the damage and ceplaci:' the righE flf way to Ehe'condition.it was prior to - ' comrnencin construction. g :.. . 12: OperatEori of constructron and/ inaintenanceeduiiprrient on tire: traveled surface ;of any"improved Cou nty::' :.. raad::will not be pergnttted; _except man instance.wherebythe_laying, construcfian; :maintenance andJor :: repair of cables, conduits and/or pole .lines cannot be accomplished by any--otlier'ittethod'und in this event : Al sack equipment-shal} be of the •rubber tire.variety. Appropriate traffic control shall be' provided meetntg TMUTCD:iequlrements 43' "In: the event said.:construction aad�or maintenance:and/or.'repair requires:Conipanyto reriiove,'cut or :::.' : `.: """ eo ardize an section of the road as halt 'cement; ,roar base `'etc.) Corri ..... ill be required to provide :.._ .,... J P. Y P,.. r: a'performance bond or.letter of.ciedit securing necessary repmrs.. Said bond amount:wsll be, determined"liy _. the County Engineer:.::.; _14., The applicant shal!'submit-a letter'of "No Objection':froriv the.Arm' Co s:-of Engineers.for a11. ";:;::: .... :de5i" ` ated wetlands and environmentally:serisitive:Iands. - : E Eme_rteeacy -wank . := l:. Iri the event Com • an is "re hired to perform emergency services: that requires excavation'in a County P,. Y.. , q Right of Way; and unable to notify the County:Etrgineeiprior fo;coiiducting emergency,repairs, Company vol :.... i'g,: _ ..� s _. r.,.• A: -, '..rn , .Mwh'��r:'�,+=�,+-, .+.-.- •�:.;s.3rah+�+t` F....-;..; . �.- h - -:. x � c, ..,� .,v ,c �-. .�m�. .,��...._t �;y- .� � . •`n'�?�� - _. ,..i..•�. ruta..:....-*,A --' shall notify County Engineer within 24 hours of beginning construction/repairs. This will allow the County Engineer's Office an opportunity to inspect the site to ensure the integrity of the County Right of -Way-and traffic safety coritrols used. F. Repairs 6 exr 1hi facilities 1. Maintenance andlor repair to existing eables,.eoriduits;-and/or pole lines which require disturba nce. of. the soil, shall not be "performed until plans describing such maintenance and/or repair have been approved by.'. = the County Engineer or its designated representative and a permit has been obtained. G. Relocation of utilities l . When and if the County Engineer determines, that it is necessary for the construction; repair, improvement,*.. alteration`or relocation"of all or any. portion of said road, any. or all poles, wires; pipes; cables or other facilities and appurtenances authorized hereunder; shall be removed from said road, or reset or relocated thereon; as required by y the County Engineer within a reasonable time as'.determiined by the County Engineer and Utility Company, and at the expense of the Utility Company. A. Hit?Ir Pressure Pineliyies 1. All utility Permits for high pressure pipelines (generalIy.60 PSI or areater),.whether pertaining to controlled access.or.non-controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield:strength maximum operation pressure.of the pipeline 2. With the exception. of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. A58Ui`ande must alsd:be given that the installation mmaterial and design meet the minimum Federal Safety Standards -for Liquid -arid Gas -Pipe Lines. Assurance must be provided on company letterhead and signed byan authorized representative of the company. . 4. Petroleum Pipelines;." Type of Pipeline 4below deepest ditch grade). -Special Requirements " Encased Pipe. Less than 10' = Must be covered with concrete pad at least 36" deep Encased Pipe Greater thart`1D' No concrete pad required Non=Cased Pipe Less than ]0' — Must be covered with eoncrete.pad* t�least 48" deep'. Non -Cased Pipe Greater than 10' No concrete pad required "Concrete pad shall be minimum of3". thick and width shall be pipe" diameter plus 18" minimum. _ 1�. Under.:no eircumstanceswill a pipeline -be installed parallel to' -County Road within the Right -of - Way. Transmission lines:have been determined to:be petroleum pipelines (which includes natural . gas lines) and shall not be parallefto a County Road. 6. Natural Gas Distribution is a line that -serves the final customer. 0"52 ::- . i gIt' E w. if... ROAD WORK • a�� � uluD Lr20.10 I- to R 4M IFoot• P See mte 11 k\ '• �§g h x I • �. B�w Qlarfpl l�InO M.kes r 1 M tied if Me fora or" If a efnlen °efik 0f 30' 110. /M rolrnt. traf.400 ..I._ I .' I3" rotes 4 % 51: , 1 ROAD WOflA ! All 0 Ott, q .. ROAD V I tni... crs:p•iD V.l•` ;3: END. .. WORK .: ..... ... - , g Al1IAa ' [ND' se:°°itw.e n `� fl0AiF4QDR Cato lO • •LEGEND . Type S Dore:eoa4 ' a r t2Mnm12sln0 Dtvlaav' IYOty Wk y.l,iclr cm Ir1Kh ,laultta art far I1W1 11414or Lb -lea f 1a4n111a Mr. or sDos M P°rlmla mw� m/a Noted" sltrp. IPCO7t ' .a... sigll :': " • ... •; ' . • If•atf:e'f IOv .' Q flop : ' " QO rlaaprr . �. _ " :.. aaCn 6t tniP►: n' I � HOL-Ltngtn Of Inner lr�G.a7�CtnMpr O/tulrrfl .S.P°/taa'Sptia167M1 t. : n` _ 4s n r5er'iwr a� •-- :' • )�ti pee.. Luau rem:n In •" 7 I .. artaII a40orafed Inn a ° Iona. of leaf! lc bT )! 179rM1 atop 177tita6 ! DERMAL NOTES " h )' :+ra ' is 1, flags alttDsa /p atga .Weer I+o.". are ACW19I0. C t.N•• �. J.. are l" .;I . 'm u at.ietl 7l o my to M;rf.4 10ID• toldd n 1 anol.p .:rn t.r fri°gA 4rrpal o x. an:rl.a tl m ftorta In mr ^ 1 a 1 -plat[. K far ra.Iln wimtront .e!%• .Itn,,.ypro.q at rr�a Ilq:roe , ' 7. StOM11to rottricl Mm1d to plaW a afnlM or 7a /dr feat i I ® 1 4, Smoot 1pfr�tlf �i1r111Y1 Q,e Mi Qf I.—Ity ratafllq, rl°aliM S ml l ladr.3 ° alrtb6 1:4p %— "Atcl. rim a tW ~d t, :1 — • -See nOr�a'4 a 51 �.-- 1 " urea alit. It. it tat be tnsittard 30 TO tm l..t In °otolce of •� • 1 h h _S �' 1 • In vra ef'd.. r mpL rr t10m r ao","Iy all -vim 1M i ! r.rlo-YYncra p.oltlt of fee tort. If ..orMls, or. to lo-ger 0re0.nr ^ out rood 0• torn CoMltfaea r.o,:ra too Ifall:c ou,trol to rtra:n In I h 0 1 ol—, I lot ! 6Yr:0of,r ar crw morn. Nina C.rlda cal d h h l o tmullmfa far fd Srowr tmlela trM A0. _ S. lafillmnt SfWA..tMIC11s ai}n Ibl. Rif q.paa: ttant0 011 tM Part' • : i a S3eIIIPIS'l k for LLaliaer aARa rl 0 ti lard ft;g 8..s"a-t*I"2 and i \ i u Y p i .nerd! L. 22 CX If"ell" •ara'YMiCirl W atM fp/lyxna MMUla be Wr1M 100r IM • h fl[j11 •al•rq tIR am my pars,a m Itg paffa tlgrlo.r. ROAD I A h 9. Irt1.5 's.OWRo logo.• slog for po Iota :n ptod of 021.43 j. WOAD I t •rOLD qlL up0• airya'far lnmlw taro ontpn,tnrlorol ro�MJL, AREA ROAD •�1' .$ _® 1 .. ROA06'ORR T70AR .. Olp•2 •' ! AREA 'Cato-f0 40- L 24• 1 ... 40- 1 Is - IS" roe° ale END I ' ROAD i .Wood• fI,`I Cato-lo - Sa. hale Ir �/ 4 •o• t ta- 908D 40RK Q WOAR 1 lnaOL OJO•i .I AHEAD 1 4.•• p�a0fo Sea all CI. 1 24• Mow+ 1 4$.. nova 21.51 ®Tito OePtrttnwM Of AsrmPvlrik.l Sfo.rdmtf' .. v 402D+la ! '4seo�rRM�.'I1 TRAFFIC CONTROL PLAN H K ONVENTIONAL ROAD' - SHOULDER YrOR YCP (2-1a). TCP•.(2,=1b) TCP (2-1c) TCP42-1?-18 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES 'ON SHOULDER lml- .+a,m ,. 7�m1 Ammar IN1 .a• Ya r ^ .rtr•.• Conventional Roads Conventional Roods Convention( Roads /./, ,.,,•'•� t a: � 2.9. t•11 ow• ..a r. � 1.4[ l•It �_ ' TYPICAL a trlaas• Set: note. II 1 2 R „ G70.7 all. i 74• ISM eme 2/A Iie. ," tt x1A =�. ) I iR '... fox ° a •l .' ' • hh I i ( a - . 1 •.. I S' .. I - 110' e 8g � 7 1 10' in. o r! Item .lniahr Y n�. 1 Ik ial • r^MI U ••off- I°M1..Ir bin -. Wtlrm,I iWlr IM91nt. M 4 t•g4fH.0 WArur =�„�01 OotvlllllM dt7ds Ybok1ntM t000In7 OINaq lwatHr. Lo-glniar_1 MIM Soad 6• la• 11• AfluDIPW 1 7• '00 . 04 a .doff T I 30 ' S5 0 i L• .60. ISO' 165' 100' SO' GO• ' 120- 90' .205' 22S 24S' 35• 70'. Igo• 120- '265- 295• 320- • 40' g0' 240• 45 50 •SS 60 g5 10 75 L•05 450. 495. 540• 45-. 9o, 111. 195• 500.600' 106 Ion" 400• 740• 550• GOS'.66a 'S5' Ito' �500' 295•. 600' 660. 770' 60• I70' son, SSW 6$0• 115• 160' 65• 130' TOO' 410• I00• TTO• 840• TO' 140• goal 415, M. 025• goo' 7S• ISO, ' Soo" 540• USAGE .• - ' 1WILC S•.Wf SIM.II ICIa. 1MIRtDIatL� LOea TD'Y aa4ftw StaltOnlm it1a1 StallOaaaf 31at10aaRf d d d •/ E DEPARTMENT: BRAZOS COUNTY BRYAN, TEXAS Road and Bridge NUMBER: DATE OF COURT MEETING: 5/9/2023 CC 2023 - Private Property Access -Alijoy Management, LLC -Old Jones Road ITEM: Request permission to enter private property owned by Alijoy Management, LLC on Old Jones Road in order to clear underbrush from property comer for better site distance. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 05/03/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description ape Private Property. Access - Alijoy_Management LLC - Private Property Access-Alijoy Management, LLC - Old Backup Material Old Jones Road.pdf Jones Road Duane Peters Date County Judge Vol. 3 9 8 pg.. 54 SRAZOS- �ACC M FO 4p q�kiiilff Pr- OVME - FI(S)--. AlJj6YM'dM39dinGnVLLC son, '111 ADDRES8. Rt 0 Bbk 9395". Col q �77 9395 6 d" 5t0b'-�- b'd,01dj6h _ as:, PA .., tb a on-, LbCA bN*6FUdRK., Pd-th i�8m.bf. Ti-roperI " tb,�_srun -dmat - VE C equ 130PA". Saldil tOMO -Y G 4�R comerofi prqpe Wan we re of die ganef l pufilic Atlditlonel �MNNMANCP, Y. - IF YE -.ESMJg,FR�QqlNPY NIA- VOW d to arlY for rbaj' ui� pe,.purpqp. M WO Qtiviierts natu ra encW A a 532,iE, I TIN 'Ar g, m Mf%,. Kbiwea: - Vdf-W gh - �.7 W gineenw-, P ''T VA C7 W x -vi;) a FUNDNUMBER&NAME CASH BALANCE 113112023 INCOMING INVESTED POOL INTEREST -Feb SUB -TOTAL DISBURSED CASH BALANCE 2/2812023 INVESTED CKACCiBAL 2/28/2023 0100 - GENERAL FUND 188 O51 71.64 22,529,931.82 388,689.86 210,970193.52 10,273 461.15 200 69b 732.37 IL3 213 760.33 87,482,972.04 0600-COMMISSICNERSCOURT -NON CAPITAL 22309G4.25 2.230464.25 230 64.25) (Z730,464,25 LIDO - HOTEL OCCUPANCY TAX 4A94,798.20 232 796.76 9 727 9456 329 905.23 4,397,689.73 4,397,689.73 12DO - STATE LATERAL ROAD 217,069,95 295.03 217 364.98 217 64.98 217 64.98 1300 - UNCLAIMED FUNDS 405 835.97 55158 406 55 106 87.55 496 87.55 1400 - APPELLATE JUDICIAL SYSTEM FUND' 1401- COURT FACILITY FUND - - - - - 1402- LANGUAGE ACCESS FUND 150D - LAW LIBRARY (2,94 1610.00 (1,331.95) 4 SD956 (5,841.51 (5,841.51) 1700 - ALTERNATIVE DISPUTE RESOLUTION 1800 - LEOSE FUND 66,029.33 14 872.04 80 901.37 10 470.81 70 30.96 70 430.56 190D- COUNTYRECORDS MANAGEMENT 6S2050.24 9 6.22 6S2976A6 652976.46 65297&46 2000- COUNTY CLERK MGMT.FUND 1,378,64443 2809t.89 1406,736.72 25710.91 1.381025.81 1,381.025.81 2001-COUNTY CLERK ARCfffVALFUND 1305 541.53 I 21494.39 1.327,035.92 14 616.24 1,31419,68 1,3lZ419.68 2200 - COURTHOUSE SECURITY FUND 362 444.48 9,453.95 371 98.44 42 087.65 329 010.79 329 010.79 2201-3USTICE COURT SECURTTY FUND 182.657.S3 2 998.05 185655.5E 185 655S8 185 65558 2300 - DISTRICT CLERK MANAGEM134T FUND 287178.63 61935.69 294 164.32 1,196.23 - 292 968.09 292 968A9 2301- DISTRICT CLERK ARQIIVALFUND 12 BDM 57.65 I - 13046,17 7202.03 10.844.14 10844.14 2400 , JUSTICE 0 PEACE-9ECHNOLOGY FUND 178 677.44 2 SSSS 181,23199 117.40 181 11559 I81 11559 24DI - CO.& DIST.000RTTEC1iNOLOGY FUND 110 247S5 1,011.91 111 9.86 111259.H6 111259.86 2500 - SPECIAL. FORFEITURE FUND 37 04659 2,73535 39 781.94 139.S9 39XAI.SS 39 641.95 2600 - IVA HOT CHECK COLLECT FEES 4,742.06 &45 4,748.51 4,7 4851 4,748.51 2700 - BALL BOND BOARD FEES 103 313,64 640.42 103,954.06 103 954.Cb 103 954.05 280D- VOTER REGISTRATION 96,00 796.00 796.CO 796.00 2900 - Vrr INTEREST FUND 326 614.11 2,810.62 329 Z4.73 713.39 320 711.34 328 711.34 3000 - COUNTY eRANTS 29 759.50 128,001.19 98 241.69 320 012.67 221771.18 1771.18 3100 - AMERICAN RESCUE PLAN ACT 29,597177A1 91,135.34 29.680 312.35 7 4D3,072.85 22 285 23950 22 85 39S0 900 - D A CRIME FUND 2S1.447.81 1,276.75 252,72.1.55 2,752.93 249,971.63 249 971.63 500- PRIMARY ELECTION SERVICES (7,939.20) 44 45658 36 38,38 6,560.71 29,957.67 29 957.67 3901- BC HOUSING FINANCE CORP 85 034.72 11S57 85 150.24 85,150.29 85.15 4317 - 2017 CHCRCATES OF OBLIGATION 2,00.274.35 1479.10 1089.753.45 1.089.753.45 1099 753.45 4320 - CO 2020 12370 401.81 2,937.45 37 322.68 12 10 66 .94 633 3305.75 11,777 356.19 10 246 446.05 130910.13 4500- GE N.PERMANEYr IMPV. 7 953 82.32 7,953.58232 135 624A2 7,817,957.90 7.817 957.90 5000 - HEALTH & LIFE INSURANCE 9 447 3,75 1,826,892.46 11 74 696.21 926 559.61 10.348 436.60 10,348,436.60 8 -C UNTYATTORNEYOPERATINGFUND 66 44.80 160.82 65 05.71 SAS 66504.23 65 04.73 6000 - PAYROLL 1.SL4 50.58 5103 552.23 6 61 IO2.81 5 D76 612.54 1,541,490.27 1,541,490.77 9100 - W.&M DEPARTMENT 2.092,495M 328 09L23 2.420,598.03 337 064.85 2AS3,S23.18 003 23.18 9300 - REMONMI40BILITY AUTHORITY 28 957S5 3936 28,996.9L S L47.34 23 84957 23 849.57 9700- COMMUNITY SUPMOSION 986.223.951 223700.29 1,209 24.24 2B9,394.07 920,530.17 92D,S30.17 �T.TL.OF.Af3,13IIipl16L ..:.:' • -, •:•;' e1261y387947.5h` '.';3D,$2047.9:31:. �::• ''`517,247,88' 29Z;,42SS24.7Y t • 25,8'41%40;d1: ;'266;583,78476; 14574544S.W.: ,12&,SX03B:87° 4100 - GEN.OBLIG,DEBTSVC. 10 559 321.68 1,112,307.81 2513638 11,697 365.87 11697,36517 9 022 751 18 2,674,6K69 1600 - LOCAL PROVIDER PARTICIPATION 19 940 70,95 631.99 19 973 502.94 6 646119.67 19 27,383.27 13,327 27 :.Y•t ...: ,•:':•t•:•:;:• 15:•:f•.:::fF:i'J ••• fii.i,s• :=1•, :::: •..:.. , s..:.. ,.: ?;,is iBiiL'•fili.:..•,•: .;:...:...s.vs.r.r.lira:l:e.iaa.r.:.:.i.i?1.1.x...� .y:,:Y••:,:,..:l: .:: F:::. =............ s:.r.:.t.:-.. (.[.r,1a.38,f:ki :.}Y:•:,:: • :: •1 .......:... : .1:1,s., fa:1.1...ra..f�.f.:.:...:,e:. ; ......,..:.:... ;r:i:r:::i.1:1- -::..._; .�n,indel,l... :....: ...:... ..s. siE:I:1.:::..s...................._...:..1:. . .:.:fj.Atli':lf.......:......e:.....,.r A.;:S:. i,PY::�: p: ;•:: _-....i...i..� ... 7.t>:?::::...1.1•k:s.::.............,.....:.:.::.:.:.:: :.:.:.•.a•ua:•,;1:1•.;:.:......e.1.1.,.1-u�.f.f.f,t...1 :.i...,.:.i.,.,.,.1.1.i ! :.:...,., !.'.ar.,.. TOTAL 291,680,140,21 31,665,30. 542,BB4.26 324,096,393.58 32,487,859.68 I 201,6011=.90 154,768 07.07 136 MA36,83 This report Is submitted as true and corral to Commissioners Court � (!'rri, � Brazos County Treasurer, on -,i The State'of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the. entire Commissioners' Court of Brazos County, during a'regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon .the,Minutes of the Commissioners', Court of Brazos County approving said Report as presented and submitted as Prue and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code,114.026) Witness my hand this day of M A Ir A.D. 2023 en McQueen„' .�2 County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this day of Duane Peters, County udge Steve Aldrich, Commissioner Precinct #1 Chuck Konderla, Commissioner Precinct #�� ASM4- )Nancy Berry, Commissi ner Precinct #3 ands J. Wat n, ommissioner Precinct #4 Treasurer's Report for the MONTH FEBRUARY 2023 Corrected voi. 398 P9 * 57 MARCH 2O23 TREASURER'S REPORT FUND NUMBER & NAME CASH BALANCE 2/28/2023 INCOMING INVESTED POOL INTEREST- Mar SUB -TOTAL DISBURSED CASH BALANCE 3/31/2023 INVESTED CK.ACCr.BAL. 3/31/2023 0100 - GENERAL FUND 200 696 732.37 5,039,469.32 554 690,33 206 290 892.02 8,381,044.47 197 909 847.55 113 768 450.66 04141 396.89 0600 - COMMISSIONERS COURT - NON CAPITAL(2,230,464.25)2 230164.25 2 230 464.25 2 230 464.25 1100 - HOTEL OCCUPANCY TAX 4,397,689.73 306 471.22 4,704160.9E 17 810.00 4,686,342.95 4,686,342.95 1200 - STATE LATERAL ROAD ' 217 364.98 317.54 217 682.52 217 682.52 217 682.52 1300 - UNCLAIMED FUNDS 406 387.55 1,121.64 107 509.19 4,366.93 403 142.26 403 142.2E 1400 - APPELLATE JUDICIAL SYSTEM FUND 1401- COURT FACILITY FUND 1402 - LANGUAGE ACCESS FUND - 1500 - LAW LIBRARY (5,841.51) 100 976.80 95 135.29 4,302.57 90,832.72 90 832.72 1700 - ALTERNATIVE DISPUTE RESOLUTION - 1800 - LEOSE FUND 70,430.56 70,430.56 560.00 69 870.56 69 870.56 1900 - COUNTY RECORDS MANAGEMENT 6S2 976.46 993.90 653 970.36 653 970.36 653 970.36 2000 - COUNTY CLERK MGM7.FUND 1,381,025.81 35 914.50 141E 940.31 14 043.98 1402 896.33 1402 896.33 2001- COUNTY CLERK ARCHIVAL FUND 1312 419.68 29 187.25 1,341,606.93 1341 606.93 1341 606.93 2200 - COURTHOUSE SECURITY FUND 329 010.79 10 748.19 339 758.98 45 285.85 294 473.13 294 473.13 2201- JUSTICE COURT SECURITY FUND 185,655.58 4109.46 189,765.04 189 76S.04 189 765.04 2300, DISTRICT CLERK MANAGEMENT FUND 292 968.09 7 318.79 30D 286.88 1,212.21 299 074.67 299 074.67 2301- DISTRICT CLERK ARCHIVAL FUND 10 844.14 45.84 10 BB9.98 2,234.92 8,655.06 8,655.06 2400 - JUSTICE @ PEACE -TECHNOLOGY FUND 181 115.59 3,510.56 184 626.15 203.82 184 422.33 184 422.33 2401- CO.& DIST.COURT TECHNOLOGY FUND 111 259.86 1,152.03 112 411.89 112 411.89 112 411.89 2500 - SPECIAL FORFEITURE FUND 39 641.95 606.16 40 248.11 40 248.11 40 248.11 2600 - D A HOT CHECK COLLECT FEES 4,748.51 156.94 4 905.45 4,905.45 4,905.45 2700 - BAIL BOND BOARD FEES 103,954.06 151.86 104105.92 ID4,105.92 104105.92 2800 - VOTER REGISTRATION 796.00 4191.00 3,695.00 20 224.00 ifi 529.00 16 529.00 2900 - VIr INTEREST FUND 328 711.34 480.20 329191.54 14.22 329 177.32 329177.32 3000 - COUNTY GRANTS 221771.18 393,327.24 171556.06 229 068.1E 57 512.10 57,S12.10 3100 - AMERICAN RESCUE PLAN ACT 22 285 239.50 84 387.89 22 369 627.39 229 935.34 22 139 692.05 22 139 692.05 3400 - D/A CRIME FUND 249 971.63 2,247.92 252 219.55 6,830.60 245,388.95 245 388.95 3500- PRIMARY ELECTION SERVICES 29 957.67 45 809.87 75 767.54 210.65 75 556.69 75 556.69 3901- BC HOUSING FINANCE CORP 85,150.29 124.39 85 274.68 85 274.68 85 274.68 4317 - 2017 CERTICATES OF OBLIGATION 1089 753AS 1,591.97 1,091345.42 1091,345.42 1,091,345.42 4320 - CO 2020 11777 356.19 2,236.43 42 373.53 11 821966.15 S78 470.65 11 243 495.50 10 288 819.59 964 675.91 4500- GEN.PERMANENT IMPV. 7,817,957.90 7,817,957.90 157 801.39 7 660 076.51 7,660,076.51 5000 - HEALTH & LIFE INSURANCE 10 W 436.60 1835 314.53 12,183 751.13 2 3fi1464.04 9,822 287.09 - 9 B22,287.09 5800 - COUNTY ATTORNEY OPERATING FUND 66 504.23 250.00 66 754.23 66 754.23 66 754.23 6000 - PAYROLL 1,541,490.27 S,184 852.65 6,72E 342.92 5,225,497.23 1,500,845.69 - 1,500,84S.69 9100 - HEALTH DEPARTMENT 2 0B3 529.18 418 847.29 2,502,370.47 310 969.96 2.191400.51 2 191400.51 9300 - REGIONAL MOBILTTY AUTHORITY 23,849.57 34.84 23 884.41 1,166.94 22 717.47 22,717.47 9700 - COMMUNITY SUPERVISION 920,530.17 592 063.29 - 1,512,593.46 347,857.94 1,164,735.52 - 1 164,735.52 1TLTL:OFAGCES..IN-POO,L.'• 266483 ZB4,78. '14,023,97,3:62 {681,451.7,5 28.1,289,160.13 • ..47}940,664.07; > 263,348y496,06 ,"146196'916230, :517,101,$33,75 4100 - GEN.OBUG.DEBT SVC. 11697 65.87 119,830.6S 37 313.01 11854,509.53 1208 686.63 10,645 822.90 9,060,064.19 1585 758.71 1600 - LOCAL PROVIDER PARTICIPATION 13 327 383.27 4 633,837.50 17 961220.77 17 961,220.77 17 961220.77 :•�•..,•: id•i•::: •::..::. :. .. .... . .: . ...... ..... , ...... ....... , . , : , , £ , , . , e , ..:.:.,.n,.u=.w.£...,.id.�.i.L :.>,.o-• ...... Wiwia.,.:.a:• .,.:•n,:,:,:•: �:......:.I'�`I'!i •.:.u::a:£:.0 .,, ::�,..i.t..£.::e.n;.:.o-o-o-::,:::::,.a.,..,,...! , so-!. �...:.:u=a::,aaa.!• ,: . TOTAL 291,608,533.90 19,777,SR1.77-1 718,764.7E 311,104,990.43 19,149,350.70 291,985,S39.73 155,257,026.49 136,698,513.24 This report Is submitted as true and correct to Commissioners Court /�j1�===-� Brazos County Treasurer, on �L�/oZUo23 07 011ARTFR FNDTNG nR/Rl/7n2R TREASURFR'.S RFPORT CASH BALANCE 1/31/2023 INCOMING INVESTED POOL INTEREST -QTRLY SUB TOTAL DISBURSED CASH BALANCE 3/31/2023 INVESTED CK.ACCT.BAL. 3/31/2023 0100 - GENERAL FUND 145 519 610.07 81491 334.41 1,442 154.30 228 453 098.78 30,543 251.23 197,909,847.55 113 768 450.66 84141 396.89 0600.- COMMISSIONERS COURT- NON CAPITAL 2,239,164.25 2 230 464.25 2 230 464.25 2 230 464.25 1100 - HOTEL OCCUPANCY TAX 4185 569.99 871 618.85 - 5 057188.84 370 845.89 4,686 342.95 4,686,342.95 1200 - STATE LATERAL ROAD 21631.19 851.33 217 662.52 217 682.52 217 68252 1300 - UNCLAIMED FUNDS 390 496.80 9,012.39 407 509.19 4,366.93 103 142.26 403,142.26 1400 - APPELLATE JUDICIAL SYSTEM FUND 1401- COURT FACILITY FUND 1402 - LANGUAGE ACCESS FUND - 1500 - LAW LIBRARY (3,590.95 104 196.80 100,605.85 9 773.13 90 832.72 90 832.72 1700 - ALTERNATIVE DISPUTE RESOLUTION - 1800 - LEOSE FUND 66 029.33 14 872.04 80 90137 _ 11 030.81 69,870.56 69 870.56 1900 - COUNTY RECORDS MANAGEMENT 651 00.08 2,670.28 - 653 970.36 653 970.36 653 970.36 2000 - COUNTY CLERK MGMT.FUND 1363178.58 94 076.56 1457 255.14 54,358.81 1402 896.33 1402 896.33 2001- COUNTY CLERK ARCHIVAL FUND 1,282 719.10 73 504.07 1356 223.17 14 616.24 1,341606.93 1341 606.93 2200 - COURTHOUSE SECURITY FUND 396,830.55 67 815.08 464,645.63 170,172.50 294 473.13 294 473.13 2201- JUSTICE COURT SECURITY FUND 179 619.61 10,145.43 189,765.04 189 765.04 189 765.04 2300 - DISTRICT CLERK MANAGEMENT FUND 301 089.62 20 513.53 321 603.15 22 528AB 299 074.67 299 074.67 2301- DISTRICT CLERK ARCHIVAL FUND 13 884.57 249.11 14 133.68 5,478.62 8,655.06 8,655.06 2400 - JUSTICE (0) PEACE - TECHNOLOGY FUND 177132.22 8,661.11 185 793.33 1371.00 184 422.33 184 422.33 2401- COX DIST.000RTTECHNOLOGY FUND 109 396.88 3,015.01 112 411.69 112 411.89 112 411.89 2500 - SPECIAL FORFEITURE FUND 37 265.55 3,302.54 40 648.09 399.98 40,248.11 40 248.11 2600 - D A HOT CHECK COLLECT FEES 4,736.84 168.61 4,905.45 4 905.45 4,905.45 2700 - BAIL BOND BOARD FEES 103 200.00 905.92 104105.92 104 105.92 104105.92 2800 - VOTER REGISTRATION 96.00 4,491.00 3,695.00 20 224.00 16 529.00 16 529.00 2900 - VIT INTEREST FUND 315 769.53 14 136.40 329 904.93 727.61 329 177.32 329177.32 3000 - COUNTY GRANTS 47 261.79 738 370.87 691 109.08 74B 621.18 57 512.10 57 512.10 3100 - AMERICAN RESCUE PLAN ACT 29,590,579.09 278,772.08 29 869 351.17 7729 659.12 22139 692.05 22 139 692.05 3400 - D/A CRIME FUND 253139.74 4,637.13 257,776.87 12 387.92 245,388,95 245 388.95 3500- PRIMARY ELECTION SERVICES (9,395.35) 91914.31 - 82 518.96 6,962.27 75 556.69 75 556.69 3901- BC HOUSING FINANCE CORP 84 941.19 333.49 85 274.68 85 274.68 85 274.68 4317 - 2017 CERTICATES OF OBLIGATION 1087 077.35 4,268.07 1091,345.42 1,091,345.42 i 091345.42 4320 - CO 2020 12 452 906.17 7,688.14 119 275.14 12,579,869A5 1336,373.95 11,213,495.50 10 288 819.59 954 675.91 450D- GEN.PERMANENT IMPV. 7t994,93939 7,994,939.79 334 863.28 7,660,076.51 7,660,076.51 5000 - HEALTH & LIFE INSURANCE 10 079 916.31 5,576,465.10 - 15 656 381.41 5,834,094.32 9,822,287.09 9,822,287.09 5000 - COUNTY ATTORNEY OPERATING FUND 66 344.89 410.82 66,755.71 1.48 66 754.23 66,754.23 6000 - PAYROLL 21082,067.05 18 032 61138 20,114,679.43 18 613 933.74 1,500 845.69 1,500,845.69 9100 - HEALTH DEPARTMENT 1,774,394.96 1382,718.91 3,157,113.87 965 713.36 2191400.51 2,191,400.51 9300 - REGIONAL MOBILITY AUTHORITY 30 090.39 213.66 30 304.05 7,586.58 22 717.47 22 717.47 9700 - COMMUNITY SUPERVISION 1,051,929.45 1,039,035.20 2,090,964.65 926 229.13 1,164,735.52 - 1,164,735.52 :•'TT;L.otrAccrs,IN;p.00L' . 219,579;4745s' .,309;67.4,288LS5 S;Sg0;2Q1.Si :931,093,947.62 '' 67�745;473'.5G' 263�348;496:06 Y46,]96;5f62:30' :T17,151,W.7.6.' 4100 - GEN.OBLIG.DEBT SVC. 5,682 445.31 6100 685.08 71 179.14 12 854 509.53 1,208,686.63 10 645 822.90 9,060,064.19 1585 758.71 1600 - LOCAL PROVIDER PARTICIPATION 19 294 221.35 5,393 997.19 - 24,648,218.54 6,686 997.77 17 961220.77 17 961220.77 ! t _llimill:. . ... L...L.={.:., L.i,{,i...:=:L;! ':ii :i•i:i•i. :•=::::aa:,:r.: i:!.o-. :...:..::..:...i.i<.no-: :_ ..:.; u:•o-:.:.:.o-;.,.,.!.i•,•nn....6f.l.{.l.t ::::. ••f•i:eiiifElEiilEi : :.n:.Li.:.o-o->snn:.,a:f:E:i:!:b ... ... ..:..:.. :3....... , .......: _ _ : . .........:. . ,: r.�.i...�=F.!:k!::... ..... ,.....::::,:n,.,..:,:I:1a:l:k:!:bla:{a! =:i:i ::::............ ....:.:.:.. _ .... ! . . :}:{:�:� i:A'•:i �:{•, :ia.:.l.! TOTAL 244,516,144.21 121,169,170,82 1,911,380.66 1 367,596,695.69 75,641,155.96 291,955,539.73 155,257,026.49 136,698,513.24 This report is submitted as true and correct to Commissioners Court by��� i Brazos County Treasurer, on - 61916a3 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and" the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. ('Texas Local Governinent Code, 114.026) Witness my hand this 13 - day of A.D. 2023 County Clerk, County of BRAZOS, State of Examined and approved in open Commissioners' Court this ! , day of r Steve Aldrich, Commissioner Precinct 41 Chuck Konderla, Commissioner Precinct #2 Nancy Berry, Commissioner Precinct #3 Wanda J. Wats ommissioner Precinct #4 Treasurer's Report for the MONTH MARCH 2O23 AND THE O/E 3/31/2423 Vol. � 98 Dg. 60 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 05/02/2023 REQUESTOR AMANDA VALENTA ADDRESS 1671 WESTWARD HO NAVASOTA TX 77868-8144 OWNER NAME JAMES & GLORIA VALENTA PROP ID# 40564 REFUND AMOUNT $48.27 REQUESTOR VANDERBILT MORTGAGE ADDRESS PO BOX 9800 MARYVILLETN 37802 OWNER NAME CALEB WALKER PROP ID# 442366 REFUND AMOUNT $78.07 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT -REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR- ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT ADDRESS OWNER NAME PROP ID# 'Vol. 398 pg. 61 APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph.979-775-9930 OWNER'S NAME AND ADDRESS VALENTAJAMES & GLORIA 1671 WESTWARD HO NAVASOTA TX 77868-8144 Collecting Tox for: (taxing entitles) 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: 7-11 RANCH PHI, LOT 34, ACRES 5.22 SER# SHAL05903A HUD# TRA0420424 Address: 1671 WESTWARD HO , Account# 40564 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2022 02/24/2023 $850.00 $48.27 . Taxpayer's reason for refund: OP -Overpayment REFUND TO: VALENTA AMAN DA 1671 WESTWARD HO NAVASOTA TX 77868-9144 Sign below and return form to the Brazos County Tax Office. 'I hereby apply for the qa of the above -described taxes and certify that the information on this form is true and correct" kaja'T ;_ ghaio ee 6at '• Phone # Email Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERM A 7 tax refun (�Apprd ed �_ E � I isapproved -�'�—�, 5 1 9 1 a 3 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 390 62 Vol. Pg. TAX RECEIPT 02/24/2023 09:08AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 _ PAID BY: VALENTA AMANDA 1671 WESTWARD HO NAVASOTA, TX 77868 `� _Recel _Numbe��_ 1 3245648 bate Posted '-� 02/24/2023 Payment Type �_ P Payment Code OverfRerund TOW'Pald - _ • _� $850.00 Property iD Geo _Legal Acres _ _ _�_ L_ Ovaner Name and Address 40564 �:567500-0000-0340 __ j 5.2200 VALENTA JAMES & GLORIA R _ Le al Descr►ptiorl - 1671 WESTWARD HO NAVASOTA, TX 77858-8144 7-11 RANCH PH 1, LOT 34, ACRES 5.22 SER# SHAL05903A HUD# TRA0420424 Situs -,-.- - ---- -- - UHA Name 101 WESTWARD HO - - Entity Rate �,Year �0.00000 - �Taxabl_e_V_ alue Stint # - Void Original Tax piscnts P&! .Att•Fees Overage Amount Pd Z REFUND ENTITY _^ 2022 0 14SS04 N 45.27 0.00 0.00 0.00 O.OD 48.27 EMG SVCS DIST#1 2022 0.02256 248,090 132729 N 16.26 0.00 1.07 0.00 0.00 16.33 BRAZOS COUNTY 2022 0.42941 173,090 132729 N 191.76 0.00 13.42 0.00 0.00 205.18 NAVASOTA ISO 2022 1.17509 198,090 132729 N 542.27 0.00 37.95 0.00 0.00 880.22 850.00 Balance Due As Of 02/24/2023; 48.27 Tender �rbetaiis �_�_De�cnpt3on, _ ; Amounf' Credit Card ' CC XX-8848 Conv.Charge 0.00 860.00 850.00 Vol. Pg. 63 L'Operator Batch_ tenierson 45002 (JETPAYCO2242023_LE) Total Paidi Page;1 Receipt issued in Accordance with Sectlon 31.075 of the Texas Property Tax Cade TMA=.zf rK APPLICATION FOR TAX REFUND Collecting Off be Name Collecting Toxfor. (toxing entities) Brazos County Tax Office Brazos County, City of Bryan, City of College Station 4152 County Park Court Bryan ISD, College Sttation ISD, F1, F2, F3, F4, Bryan, Texas 778M Ph. 979-775-9930 City of Kurten, Navasota ISD OWNER'S NAME AND ADDRESS WALKER CALEB R 102 RIDGEWOOD ST COLLEGE STATION TX 77845-9637 PROPERTY DESCRIPTION Legal: ROLLING RIDGE, SPACE 10211W, SER# CLW050870TX, HUD# NTA2010328 Address: 102 RiDGEWOOD (PVT) , Account# 442366 TAX PAYMENT INFORMATION Nance of Taxing Unit Tax Year of Refund 2REFUND 2022 Taxpayers reason for refund: OP -Overpayment REFUND": VANDERBILT MORTGAGE PO BOk 9800 MARWILLE TN 37802 Payment Date Amount Pald Refund Amount Requested 10/31/2022 SM8.30 $78.07 Sign below and return form to the Brazos County Tax Office. "I hereby applyforthe refund of the above -described taxes and certify that the information on this form Is true and correct." '_ n l��ltf�tCti4� Phone # Emall 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-W TAX REFUND DETER ON ,:etasrerun (4Ap oved [ happroved Authorized Officer Signature Date Authorized Oftker of taking unit for refund appii adons over amount required under Section 31.31 Tax Code Authorized Officer Signature Date Vol. 398 Pg.. 64 TAX RECEIPT 10/31/2022 09:39AM J 4 • , KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Recelp. Number 4151 COUNTY PARK CT 94 BRYAN, TX 77802 '.- -4 D" ate Posted i0/3iJ2022 Payment Type P Payment Code OverlRefund Total Paid $1,298.30 191IT3'; VANDERBILT MORTGAGE AND FIN INC P 0 BOX 9800 MARYVILLE, TN 37802 Properly ID Geo Legal Acres 442366 702022-6000-0345 0.0000 Legal Description ROLLING FUDGE, SPACE 102RW,, S_ ER# 01,W050870TX. HUD# NTA2010328 Sltus DBA Name 102 RIDGEWOOD (PVT) , Owner Name and Address WALKER CALEB R 102 RIDGEWOOD ST COLLEGE STATION, TX 77846-9637 Entity • ;fear Rate Taxable Value Stmt il Vold Original Tax Discnts Z REFUND ENTITY 2022 0,00000 ~ 0 146396 N 78.07 0.00 EhiG SVCS DfST#1 2022 0.02256 74,857 136011 N 16.89 0.00 BRAZOS COUNTY 2022 0.42941 74.857 136011 N 321.45 0.00 COLLEGE STATION ISD 2022 1.17810 74,857 136011 N 881.89 0.00 Tender Details Check 8076894 P&I Att Fees Overage Amount Pd 0.00 0.00 0.00 78.07 0.00 0.00 0.00 16.89 0.00 0.00 0.00 321 AS 0.00 0.00 0.00 881.89 1,298.30. _ Balance Due As Of 1013112022: -78.07 Description Amount . __ o - pg. - Operator latch - _ tmoore 43098 (10I311202MM Vol Page:1 Receipt issued in Accordance with Section 31.076 of the Texas Property Tax Code 1298.30 1298.30 Total Paid 1,298.30 awAaarr�p�uc BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 31.01— 31.03 On this the -91h day of May 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 91h day of May 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 9th day of May 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: -,Z D Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 31.01 - 5/912023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Facilities Services - Non General Fund Capital Repair and Maintenance Expenditure 27,000.00 Facilities Services -Non General Fund Capital Contractual Services Expenditure 27,000.00 Facilities Services of funds to replace the tube system at the Tax Office - FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 17000006 65052000 (27,000.00) Carpentry and building repair 01000 17000006 71025000 27,000.00 Contract Services 9 Vol. 3 0 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23.31.02 5/9/2023 FUND NAME DEPARTMENT NAME I CLASS DESCRIPTION I ACCOUNT CATEGORY INCREASE DECREASE Court Support - Child General Fund Protective Services 272nd Professional Services Exnenditure 50_nnn on I Court Sunaort - Child Protective Services I of funds to cover attorney fees for the remainder of FY 23. ti # -� C K Oracle{Eu O'nl`�. �v.., - - �S`T JA.1�R5 ,y "-r'y 2 't.. " :, ��r - _:3.�.f*3�i? V_ e - �° <"P�vri� sx' d t s, ' .,. } . �, °✓J,s"bx,'.e�.s Mom'= � `x: k M F+ .� z = - i !-s .. '�Sws� +�...rSR� i�i` s - .r +.=-%xA?�� i. �A. . �a�. .�' 2 ; ., ,, i FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 11001500 61130000 (50,000.00) Contingency 01000 11022720 72110000 50,000.00 Attorney Fees EVO] 90 P8- 6� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 31.03 5/9/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Hotel Occupancy Tax Fund I Expo Complex Improvements I Repair and Maintenance Expenditure 290,000.00 Hotel Occupancy Tax Fund I Venue Tax - Kyle Field I Communitv Contracts I RXnn.ndith,rr -)on nno nn Hotel Tax Reallocation of finds to cover the venue tax for Kyle Field for remainder of FY 23. 5 �'t r ..a t 8-. � '' xa .t o:. fr'. FUND DIV ACCT Change in Budgef ACCOUNT NAME 11000 11002900 65052000 (290,000.00) Carpentry and building repair 11000 11002800 73470000 290,000.00 TAMU Kyle Field Personnel Change of Status Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: (May4, 2023 ) 05-09-2023 Human Resources Consider and Take Action on Change Employment �DeQattmentrName= r r i tEmployee`Tlame g :W�iFld{r. - ^ °�xe?.�fi.. � ::t,g��t•1�$i�iP�^9.[ �. y �a�7Rlil.; 4'�i�Cs1!NA NMI Separations r District Attorney - Administration Davis, Rebecca _ Landscaping Garcia, Efren Exposition Center - Administration Jackson, Angelia Sheriff Office - ]ail Administration Miles, Ferderida "+ram¢. a � �µ���,y1+ t I k ^ •z �"; y Approved in Commissioners' Court: 05-09-202 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 398 P� 70 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 05-09-2623 Department Submitting Information:. Human Resources Purpose of Submissions: Consider -and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Specialty Court Program Escue, Jessica Change of Status District Attorney Human Resources Information Technology Juvenile Services — Detention Sheriffs Office Admin Approved in Commissioners' Court: Wyatt, Katie Doucet, Paula Garcia, Deyanira McConathy, Raeanna Mendez, Mary Sissamis, Frances Weyand, Kori Brown, Jesse Grimaldo, Raymond Leeth, Clayton McClure, William Nance, Rickey County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. ^ Pg 71 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 Change of Status Change of Status Change of Status 1