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Home My WebLink About2023/05/23 REGULAR SESSION 10:00AM2Q23 t,AY 19 P 2: 15 BRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 23, 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.CONUBRAZOSCOUNTYTX THIS MEETING WILL BE CONDUCTED BY VIDEO CONFERENCE WITH AT LEAST A QUORUM OF COMMISSIONERS COURT MEMBERS PARTICIPATING IN PERSON AT THE COUNTY ADMINISTRATION BUILDING IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 551.127 OF THE TEXAS GOVERNMENT CODE. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Judge Peters 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Presentation of CIP 23-558 Brazos County Administration Building Feasibility Study. . Consider and take action on agenda items: 4 - 25 4. Approval requested from Brazos County Emergency Services District #2 to extend the deadline to be no later than J une 30, 2023 for filing the audit report for fiscal year 2021- 2022. 5. Request from Risk Management for approval for acceptance of two (2) $100 Walmart gift cards from Wilton's Office Works to be used for purchases for the Health and Vol. 399 Pq 1 Safety Expo on June 15, 2023 for employees of Brazos County, City of College Station and City of Bryan. 6. Approval of Interlocal Cooperation Contract HHS REV 100002986 with the Department of State Health Services (DSHS). This contract will allow the County Clerk access to the DSHS Vital Event Electronic Registration System for the purpose of accepting and issuing vital records. 7. Approval of the following Job Descriptions: • a. Detention Counselor (Juvenile Services) 2080 hours (B2811) • b. Psychologist (Juvenile Services) 2080 hours (B1.890) • c. Grant Writer (County Auditor) 2080 hours (B0325) 8. Request from the County Auditor for the following personnel change with effective date as of May 27, 2023. Requested change has no effect on the County Auditor's FY 2023 Budget. • Move Grant Writer -County Auditor, B0325-1, from Salary to Hourly 9. Discussion and possible action on a Cost of Living Adjustment (COLA) for Fiscal Year 2023-2024. 10. Approval of order exempting the sole source contract with Southern Cement Slurry from competitive bidding pursuant to Texas Local Government Code 262.024(a)(7)(A). 11. Approval of Cl P 22-640 Brazos County Bridge Repair Change Order #1 for additional funds needed at Ferrill Creek Road Bridge in the amount of $34,786.76. 12. Renewal of Contract #23-105R Concessions Services for Expo with G&N Concessions. 13. Approval of Contract #23-128 Extended Oracle Cloud Services with PMCS Services, I nc. 14' Approval for permission to advertise RFQ 23-600 Bond Related Engineering Design Services. 15. Approval of Contract CI P 23-601 Architect Design Contract for Brazos County Administration Building. 16. Approval of Agreement #24-002 for Use of Subscription Material with Lexipol for Constable Pct 2. 17. Approval of the Final Plat of Southern Pointe Subdivision Section 111, 5.424 Acres; Sterrett D. Smith Survey, A-210; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. 18. Request permission to enter private property owned by Jeremy and Desiree Zamora at 3502 Pioneer Circle to remove tree branches that have fallen onto property. Site is located in Precinct 2. 19. Acceptance of a Special Warranty Deed for 0.378 acre of land from Martha Ann Williams to be used for improvements to Jones Road. Site is located in Precinct 4. 20. Tax Refund Applications for the following: Overpayments • a. Brittney Smith - $30.43 21. Budget Amendments. FY22/23 Budget Amendments 33.01 -33.06 c Vol. i ., 22. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 23. Payment of Claims. 24. Convene into Executive Session pursuant to Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or settlement offer. 25. Consider and possible action on Executive Session. 26. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of May 17, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of May 17, 2023. 27. Juvenile director's report on detention population. 28. Sheriff's report on inmate population. 29. Announcement of interest items and possible future agenda topics. 30. Call for Citizen input and/or concerns 31. Adjourn. [v d:. �Pg- PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Courts presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOKCOMBRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. Vol. 3 1 V tag. 4 MINUTES MAY 23, 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 23, 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, Present via Zoom; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Judge Peters 2. Call for Citizen input and/or concerns Lonny Masterson expressed his concern that progress is not being made on the establishment of a Veterans Treatment Court. Mr. Masterson stated that the community wants to support veterans and he feels the need for a Veterans Treatment Court is going to increase. Patrick Baca echoed Mr. Masterson's comments about the Veterans Treatment Court. He pleaded with the Court to add an item to the agenda in order to move forward. 3. Presentations and/or Discussions 399 Pg. Vol. 5 Presentation of CI P 23-558 Brazos County Administration Building Feasibility Study. Purchasing Agent Charles Wendt updated the Court on the feasibility study for the Administration Building. The feasibility study covered two specific areas, Area One is knows as the North Wing and Area Two is known as the Sanctuary. The North Wing remodel would include accommodations for Human Resources, a Mother's Room and additional restrooms. The Sanctuary would be used for training space and would have a second floor in anticipation of future County growth. Commissioner Aldrich questioned whether the training area would accommodate the Citizen Naturalization Ceremonies. Mr. Wendt stated that it would not be conducive to hosting those ceremonies however, there are other spaces available that would suit those needs. Mr. Wendt discussed the plan to install another elevator and add restrooms with increased ADA accessibility. Further discussion ensued regarding funding. The total estimate for these projects is $9,008,500. A copy of the presentation is attached. Consider and take action on agenda items: 4 - 25 4. Approval requested from Brazos County Emergency Services District #2 to extend the deadline to be no later than June 30, 2023 for filing the audit report for fiscal year 2021- 2022. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Request from Risk Management for approval for acceptance of two (2) $100 Walmart gift cards from Wilton's Office Works to be used for purchases for the Health and Safety Expo on June 15, 2023 for employees of Brazos County, City of College Station and City of Bryan. A copy of the donation form is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of Interlocal Cooperation Contract HHS REV 100002986 with the Department of State Health Services (DSHS). This contract will allow the County Clerk access to the DSHS Vital Event Electronic Registration System for the purpose of accepting and issuing vital records. A copy is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6 Vol.' 7. Approval of the following Job Descriptions: • a. Detention Counselor (Juvenile Seances) 2080 hours (B2811) • b. Psychologist (Juvenile Services) 2080 hours (B1890) • c. Grant Writer (CountyAuditor) 2080 hours (B0325) A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Request from the County Auditor for the following personnel change -with effective date as of May 27, 2023. Requested change has no effect on the CountyAuditor's FY 2023 Budget. • Move Grant Writer -County Auditor, B0325-1, from Salary to Hourly A copy of the position control changes is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 9. Discussion and possible action on a Cost of Living Adjustment (COLA) for Fiscal Year 2023-2024. County Auditor Katie Conner and Budget Analyst Nina Payne presentedYthe Court with information they compiled to determine the need for a Cost of Living Adjustment (COLA) in the Fiscal Year 2023-2024 Budget. Ms. Conner discussed the method used to determine the average cost of living and requested that the Court provide her and Ms. Payne with a,:baseline COLA percentage to begin the Budget preparation process. Commissioner Berry proposed a COLA of 6%. The Court entered into discussion on how this would factor in open positions, positions making less than living wage and consideration of a merit for the next fiscal year. Commissioner Aldrich proposed a 4.5% COLA as a starting point due to projected property tax revenue. Judge Peters called for a motion. Commissioner Aldrich made a motion to use the 4.5% COLA as a baseline to begin the budget process and was seconded by Commissioner Konderla. The motion passed. A copy of the cost of living analysis presented is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 3-2. Ayes: Aldrich, Konderla, Peters. Nays: Berry,Watson. 10. Approval of order exempting the sole source contract with Southern Cement Slurry from competitive bidding pursuant to Texas Local Government Code 262.024(a)(7)(A). A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of Cl P 22-640 Brazos County Bridge Repair Change Order #1 for additional funds needed at Ferrill Creek Road Bridge in the ramount of $34 786. . 9 Pg• A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Renewal of Contract #23-105R Concessions Services for Expo with G&N Concessions. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Approval of Contract #23-128 Extended Oracle Cloud Services with PMCS Services, nc. A copy of the contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Approval for permission to advertise RFQ 23-600 Bond Related Engineering Design Services. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Approval of Contract CI P 23-601 Architect Design Contract for Brazos County Administration Building. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Approval of Agreement #24-002 for Use of Subscription Material with Lexipol for Constable Pct 2. A,copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. Vol. 3 9 9 Pg. �_ 17. Approval of the Final Plat of Southern Pointe Subdivision Section 111, 5.424 Acres; Sterrett D. Smith Survey, A-210; City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. Request permission to enter private -property owned by Jeremy and Desiree Zamora at 3502 Pioneer Circle to remove tree branches that have fallen onto property. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 19. Acceptance of a Special Warranty Deed for 0.378 acre of land from Martha Ann Williams to be used for improvements to Jones Road. Site is located in Precinct 4. Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 20. Tax Refund Applications for the following: Overpayments • a. Brittney Smith - $30.43 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 21. Budget Amendments. • FY 22/23. Budget Amendments 33.01 - 33.06 33.01 Transfer funds from Purchasing to various departments. 33.02 Reallocate American Rescue Plan Act funds. 33.03 Transfer funds from Purchasing to various departments. 33.04 Reallocate DVE Real Time Crime Center funds. 33.05 Reallocate Non -Departmental funds. 33.06 Transfer Capital funds to cover Administration Building Remodel. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 22. Personnel Change of Status. • a. Employment & Separations , • b. Personnel Action Forms A copy of the Personnel Change of Status is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 23. Payment of Claims. Claims 8122343 — 8122487 9007582 — 9007626 Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Bery, Konderla, Peters, Watson. 24. Convene into Executive Session pursuant to Texas Government Code §551.071 to consult with attorney about pending or contemplated litigation and/or settlement offer. At this point, the County Judge announced the Court would consider items 26 through 30 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 11:12 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.071 as stated above. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant - Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel 25. Consider and possible action on Executive Session. At 11:27 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 26. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of May 17, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of May 17, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of May 17, 2023. 27. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 42 juveniles in the detention center, Vol. pg. 10 30 are male and 12 are female, and 30 have electronic monitors. 28. Sheriff's report on inmate population. Chief Deputy Paul Martinez stated there were 727 inmates in jail, 617 inmates are male, 110 are female and 57 have electronic monitors. 20. Announcement of interest items and possible future agenda topics. Commissioner Konderla congratulated College Station ISD on the groundbreaking on the agricultural barn facility as part of the new Career and Technical Education Center. Commissioner Aldrich agreed that this is a wonderful addition to Precinct 1. Commissioner Konderla also commended the Sheriff's Office for their efforts in resolving an issue on Andert Road in Precinct 2. 30. Call for Citizen input and/or concerns Chief Information Officer Eric Caldwell notified the Court of Information Technology's efforts to determine a better solution than the current Postmaster email system to disseminate information within the County. 31. Adjourn. Vol. ` Pg. The foregoing minutes of the Commissioners Court Meeting held May 23, 2023, have been examined and are approved in open Court this 6th day of June 2023, in Bryan, Brazos County, Texas. 1� - Duane Peters County Judge Steve Aldrich Commissioner, Precinct 1 Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner, Precinct 3 Wanda J. Watso Commissioner, lVecinct 4 Attest: Karen McQueen County Clerk /] VOL �9 Pg. _ - -- Pg I of 3 BR.AZOS COUNTY COMMISSIONER'S COURT DAY OF fYl , 20 a3 10. 0 0 M M, (�q� )10�,1� N1 e2h J Name (PLEASE PRINT) WW\ Uff"On R . -e -e -Q MIJ1 I A OL�(�-� eonl?-C� � 6�716 LR I C, C ALDWEU- Organization (PLEASE PRINT) ,1 1 1 L �► ,1 l . ,L► ECIT L EVo--- l. _ 3 9 Pg. -- Pg a, of 3 BR.AZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 c93 10 � v A /PM, Name (PLEASE PRINT) p f EM 0L--1-ss a 6 a L&a: s- t;rMAMIMM r Jess Organization (PLEASE PRINT) A,",C' Cti/ �Sd Co. J�Qry C.. : J nos Vol. f o: a pg. — 4 Pg `3 of BRAZOS COUNTY COMMISSIONER'S COURT �3d-DAY OF , 20 �3 �� od AM/9 L�A)Iwv- Name (PLEASE PRINT) Organization (PLEASE PRINT) Qc, I/JYl�7 14.9 ka,-tO5 T(-" S((k 0�,Jc � �It :h, 12 4w- K�13 C�N laq� . Vol. 399 pg. is Administration Building Feasibility Study E North Wing (HR) and Training Area Results i - --Design Phasing - Area I- Human Resources (Formerly known as the North Wings; Area II- Training Area (Formerly known as the "Sanctuary") e v, 4 .Y cc North -Wing - Renovation- Summary-__ ----- --- Redo public restroloms in north wing & Mother's room New orientation/ conference room ® Reception area with small interview and ID badge room 0 Offices as needed for current staff & room for growth of department ` 1 .71 STA14� CO CIRCULATION SPACE Cg3 777771 FMO 2 3 A DIP n n R I miIM ll m CORR. EXISTING ELEC; Z..WORK,THISARFIZA EXIstING MECH. MOWS IL4-- REFER R.R. PLAN FEASIBILITY FLOOR PLAN - LEVEL 2 N. WING I PLAININORTH Training Area- Summary - Large multi -purpose room accommodates 150 chairs Computer training room handles 40 people at tables with computers Q Medium training room holds 40 people at tables; can be split into 2 smaller rooms with mechanical divider wall a CDSmallroom holds 20 people at tables -o Second floor above training area to be open. concept shell for future office r� expansion ------ - - -- Training Area -Summary- -Co-nt,--_________,_______"---- • Expansion of public restrooms in main corridor of Admin. Bldg. and ;;� addition of restrooms on 1st and 2nd floor of training area �a.•, Installation of second elevator at south end of existing -atrium. ✓ Q } A' i 4�y CD k F Lj a 577, OU/0 DVSTM DGEMP %V—L T2 �,p caw Tp. cc[. FEASIBILITY EXISTING IST & 2ND FLOOR PLAN 1,CrT FOR REWL;,-, CRY AXROVA L �Z.Vr,—, Ar, OR Ca( 157RUC TO 14 KEN EURC4i - T X -2iM PLANNORTH REFER TO RJL PLAN CORRIDOR 55wo- �f` S900SJ.OFNEWFLOORINFILL �LINEOFBALCONYRM q 'tJ C c a SM KFG,RK n, Ii -77 STdRAGEf,,, LARGE'lyA TRAINING ROOM tT INMLTEMP. ONST.OPWG MOTORIZED OPERABLE WALL NOM SELECT M M 0 E X67. N G S L A Z 7C Q NEW StW, OILSE-PAPATCR 9, rALU-45VIG Sr-O'+x NEW STEEL F;wltllNrl FOR, Ha.ST & C-UiD-- RAJLS Wal BE REOD. PA;M,t-; Mvo Db-T. DamcR W411 ;%T7MRPMFaSp GLZ-lllkl;,cp.ccM3ML,tN NSTALLATCN ACCLIX, =cg TO MATCnDCSTrt-- FEASIBILITY 1ST FLOOR PLAN SANCTUARY ICT FOR PEG-L4TOW =ROIIALPSP�Nlir-i hG OR CCfllS7te-lr-N 17 DO' DEvl REFER TO P.R. PLAN PLANNORTH FUT 110,17 'ROOF MECH. S NEW STAIR" u4p SHELL Xt, 'WOMEWS; NEW STAIR COF RIOR INFfLLTEMP. C6NST.OPN'G p-arce. TO L17E Sk—=TV ROOF FEASIBILITY 2ND FLOOR PLAN SANCTUAPY KEN EURCU - TX02671.5 WOMEN-- EXISTING MEWS TO rUL PLAN DC 71 p �G- NEW alEv. 14 V�511r,FFW M-ThWl SOAR PLANNORTH ,%lWfftr='"V, 4ro, ---- - - ---Architects Estimate North Wing- Design- $100,000- North Wing- Construction, FF&E, etc. - $1)400)000 Training Area- Design- $485,000 Training Area Construction FF&E etc. - $7 023 500 Total- $9,008 500 DEPARTMENT: DATE OF COURT MEETING ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: BRAZOS COUNTY BRYAN,TEXAS NUMBER: 5/23/2023 Approval requested from Brazos County Emergency Services District #2 to extend the deadline to be no later than June 30, 2023 for filing the audit report for fiscal year 2021- 2022. Commissioners Court 05/11 /2023 False False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description 2023-05- Request to Extend the Deadline for 15 Request to Extend the Deadline for Filing the Audit Report for Fiscal 2021- Filing the Audit Report for Fiscal 2022 U dated.pddf 2021-2022 n Type Backup Material AWR a3 Duane Peters Date County Judge Vol. .`�99 PC3 _27 W Brazos County Emergency Services District 2 To: The Honorable Brazos CountyaJudge Duane Peters, The Honorable Commissioner Precinc uc a, County Au itor Katie Conner For the 2021-2022 Fiscal Year, ESD 2 for the first time is preparing'an.audit in compliance with GASB due to the amount of revenue received in the district and in compliance with Texas Government Code 775.082. Previously ESD 2 has utilized Agreed - Upon Procedures determined by the County Auditor and completed by Thompson Derrig and Craig. Conversations between ESD 2, its attorney, Thompson Derrig and Craig's representative, and Ingram -Wallace and Company determined that the requirements of Texas Government Code required a GASB audit which Ingram could perform. Because of delays in 2023 getting agreement by all parties that a GASB audit was required in 775.082, ESD 2 will not complete its audit according to the requirements in 775.082. The Law states:" A district shall prepare and file with the commissioners court of each county that contains any part of the district on or before June 1 of each year an audit report of the district's fiscal -accounts and records." The Code contemplates that delays may occur and also states:" The commissioners court, on application made to the commissioners court by the district, may extend'up to an additional 30 days the deadline for filing the audit report." Based upon the foregoing, ESD 2 respectfully requests that the Commissioners Court extend the deadline for filing the -audit report for Fiscal 2021-2022 until June 30.It is our belief that the it can be completed in June.'Thank you for your consideration. Dan Wilkerson, President, ESD 2 Vol. 390 pg. - 2s- . BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 05/16/2023 Fv]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: two (2) $100 gift crads 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 M Functional Non -Functional. Explain if Non -Functional Additional Description/Information: Estimated Value: $ 200.00 Check the appropriate account based on estimated value of property being accepted: ❑✓ 6/235000 (Donation - Other)* 60010000 (Minor Property - S I - $4999) ❑ 80010000 (Capital Property - Over $5000) Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate entity property being donated to: Government Entity: Organization Name Other (Due to Statuatory requirements prior approval is required by Purchasing: Organization Name *Donation — Other account 61235000 is to be used ONLYfor cash/check funds donated to Brazos County. I certify that the above -mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance, and insurance costs. Requesting Department: Risk Management 49 &Z" - Department Name Authorized Signature Organization Receiving Donated Property: Authorized Signature A by Co mmi loners Co his gk? day of May QO<9,�' Commissioners Court Approval Vol. Pg.,ISO *J WITUN S CjFfiCE FURNITURE 8t SUPPLIES .181 N. Earl Rudder Fwy, Bryan, TX 77802 Phone (979)268-0062 — Fax (979)268-0311 www.wiltons.com . 05/15/2023 BRAZOS COUNTY RISK MANAGEMENT 200 S Texas Avenue, Suite 264 Bryan, Texas 77803 This letter is to confirm the donation of two (2) Walmart Gift Cards in the amount of One hundred dollars ($100.00) each, totaling Two hundred dollars ($200.00) to Brazos County for the Brazos County Health and Safety Expo 2023. Thank you, Scott Wilton Wilton's Office Wo Vol. 3 9 g pg. INTERLOCAL COOPERATION CONTRACT DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHSREV100002986 The DEPARTMENT OF STATE HEALTH SERVICES ("DSHS" or "SYSTEM AGENCY") and Brazos County ("LOCAL GOVERNMENT"), each a "Party" and collectively the "Parties," enter into the following contract for Local Government access to the Texas Electronic Vital Events Registrar ("TxEVER") (the "Contract") pursuant to the provisions of the "Interlocal Cooperation Act," Tex. Gov't Code Chapter 791. I. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under the Contract on behalf of its respective Party. DSHS Local Government Name: Department of State Health Services Name: Brazos County Attn: Contract Mana ement Section Attn: County Clerk Address: 1100 W 49h Street, MC-1990 Address: 300 East 26th Street Suite 120 City, State, and Zip: Austin, TX 78776-2679756 City, State and Zip: Bryan, Tx 77803 Contact Person: -Gretchen Wells Contact Person: Karen McQueen Telephone: 512 776-2679 Telephone: 979 361-4128 E-Mail: Gretchen.weIls@dshs.texas.gov E-Mail: kmc ueen brazoscoun tx. ov Agency Number: 537 IL STATEMENT OF SERVICES TO BE PROVIDED The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of the Contract. Specific services provided are described in ATTACHMENT C, STATEMENT OF WORK. Ill. CONTRACT PERIOD AND RENEWAL The Contract is effective on the signature date of the latter of the Parties to sign the Contract and expires August 31, 2027, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. DSHS, at its sole discretion, may renew the Contract for up to one (1) additional year for a maximum Contract term of 5 years. Notwithstanding the limitation in the preceding sentence, and with at least 30 calendar days' advance written notice to Local Government, at the end of the initial term or any renewal period, DSHS, at its sole. discretion, may extend the Contract as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by DSHS to serve the best interest of the state of Texas for up to 12 months, in one -month intervals, at the then -current Contract rate or rates (if applicable) as modified during the term of the Contract. DSHS Contract No. HHSREV 100002986 Page I of 7 Vol. 3 9 3 pg . _3 I W. AMENDMENT The Parties to the Contract may modify the Contract only through the execution of a written amendment signed by both Parties. V. FEES AND PAYMENT FOR SERVICES All payments made by Local Government to DSHS in connection with the Contract, including the manner in which payments to DSHS by Local Government will be rendered, are stated in ATTACHMENT C, STATEMENT OF WORK. VI. NOTICE REQumENIENTS A. All notices given by Local Government shall be in writing, include the Contract number, comply with all terms and conditions of the Contract, and be delivered to DSHS's Contract Representative identified above. B. Local Government shall send legal notices to DSHS at the address below and provide a copy to DSHS's Contract Representative: i Health and Human Services Commission Attn: Office of the Chief Counsel 4601 W Guadalupe. St. MC-1100 Austin, Texas 78751 with copy to Department of State Health Services Attn: Office of General Counsel 1100 W. 49th Street, MC-1919 Austin, TX 78756 C. DSHS shall send legal notices to Local Government at the address below: Brazos County 300 East 26th Street Suite 120 Bryan, Texas 77803 (979) 3614128 lmcqueen@brazoscountytx.gov D. Notices given by DSHS to Local Govemmentmay be emailed, mailed or sent by common cagier. Email notices shall be deemed delivered when seat by DSHS. Notices sent by mail shall be deemed delivered when deposited by DSHS in the United States mail, postage paid, certified, return receipt requested. Notices sent by common carrier shall be deemed delivered when deposited by DSHS with a common carrier, overnight, signature required. DSHS Contract No. HHSREV 100002986 Page 2 of 7 Vol. 3 Pg. _2_ E. Notices given by Local Government to DSHS shall be deemed delivered when received by DSHS. F. Either Party may change its Contract Representative or Legal Notice contact by providing written notice to the other Party. VII. CONTRACT DOCUMENTS The following documents are incorporated by reference and made a part of the Contract for all purposes. In the event of a conflict, ambiguity, or inconsistency between the terms and conditions set forth in the documents that comprise the Contract, the controlling document shall be this Signature Document, then the remaining documents in the following list in the order stated: ATTACHMENT A: HHS DATA USE AGREEMENT - TACCHO; ATTACHMENT B: HHS CONTRACT AFFIRMATIONS (VERSION 2.2); and ATTACHMENT C: STATEMENT OF WORK. VIII. MISCELLANEOUS TERMS AND CONDITIONS A. Exchange of Personal Identifying Information. The Contract concerns the exchange of Confidential Information. Except as prohibited by applicable law or regulation, Local Government and DSHS may exchange such information in accordance with Tex Health and Safety Code Chapter 191. B. Suspension of Services or Contract Termination. Use of services under the Contract by Local Government for purposes inconsistent with the Contract or applicable Iaw or regulation may result in suspension of services or termination of the Contract for cause by DSHS. C. Governing Law and Venue. The Contract shall be governed by and construed in accordance with the Iaws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise -identifies its applicability to DSHS. D. Confidentiality. Local Government shall maintain as confidential and shall not disclose to third parties without DSHS's prior written consent, any DSHS information including but not limited to DSHS Data, DSHS's business activities, practices, systems, conditions, and services. This section shall survive termination or expiration of the Contract. This requirement must be included in all subcontracts awarded by Local Government. The Parties shall comply with all applicable state and federal laws relating to the privacy and confidentiality of data and records provided under the. Contract, including, but not limited to, Tex. Gov't Code Section 552.115. DSHS Contract No. HHSREV 100002986 Page gof7 Vol.9 =Pg._�33 E. Record Maintenance and Retention 1. Local Government shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to DSHS, the Texas State Auditor's Office, the United States ' Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of the Contract and all state and federal rules, regulations, and statutes. 2. Local Government shall maintain and retain legible copies of the Contract and all records relating to the performance of the Contract, including supporting fiscal documents adequate to ensure that claims for Contract funds are in accordance with applicable state of Texas requirements. These records shall be maintained and retained by Local Government for a minimum of seven (7) years after the Contract expiration date or seven (7) years after the completion of all audit, claim, litigation, or dispute matters involving the Contract are resolved, whichever is later. F.' Dispute Resolution. To the extent that Tex Gov't Code Chapter 2260 is applicable to the Contract, the dispute resolution process provided for in Chapter 2260, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by DSHS and Local Government to attempt to resolve any claim for breach of contract made by Local Government that cannot be resolved in the ordinary course of business. G. Entire Agreement. The Contract contains all the terms and conditions between DSHS and Local Government relating to the matters set forth herein and no prior or contemporaneous agreement or understanding pertaining to the same shall be of any force or effect. H. Force Majeure. Neither Local Government nor DSHS shall be liable to the other for any delay in, or failure of performance of, any requirement included in the Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non -performing Party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control ofeither Party and,that by exercise of due foresight such Party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such Party is unable to overcome. I. INDEMNIFICATION 1. TO THE EXTENT ALLOWED BY THE CONSTITUTION_ AND LAWS OF THE STATE OF TEXAS, LOCAL GOVERNMENT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS, DSHS, AND HHSC, . AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DSHS Contract No. HHSREV100002986 Page 4 of 7 DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF LOCAL GOVERNMENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. 2. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE LOCAL GOVERNMENT TO INDEMNIFY OR HOLD HARMLESS THE STATE OF TEXAS, DSHS, OR HHSC FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE STATE OF TEXAS, DSHS, OR HIISC OR ITS EMPLOYEES. 3. FOR THE AVOIDANCE OF DOUBT, NEITHER THE STATE OF TEXAS, DSHS, NOR HHSC SHALL INDEMNIFY LOCAL GOVERNMENT OR ANY OTHER ENTITY UNDER THE CONTRACT. J.. No Waiver of Sovereign Immunity. Nothing in the Contract shall be construed as a waiver of DSHS's, HHSC's, or the state of Texas' sovereign immunity. Neither the Contract nor any action or inaction of DSHS shall constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas, DSHS, or HHSC. The failure to enforce, or any delay in the enforcement of, any privileges, rights, defenses, remedies, or immunities available to the State of Texas, DSHS, or HHSC under the Contract or under applicable Iaw or regulation shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Neither the State of Texas, DSHS, nor HHSC waives any privileges, rights, defenses, or immunities available to the State of Texas, DSHS, or HHSC by entering into the Contract or by its conduct prior to or subsequent to entering into the Contract. Notwithstanding the forgoing, if Local Government is a state of Texas agency or department, district, authority, county, municipality, or other political subdivision of the state of Texas, then nothing in the Contract will be construed to abrogate any rights or affirmative defenses available to Local Government under doctrines of sovereign and official immunity. K. Severability. If any provision of the Contract is construed to be illegal or invalid, the illegal or invalid provision shall be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions shall continue. L. Waiver. The failure of either party to object to or to take affirmative action with respect to any conduct of either Party which is in\violation or breach of the terms of the Contract shall not be construed as a waiver of the violation or breach, or of any future violation or breach. DSHS Contract No. HHSRBV100002986 Page 5 of 7 Vol. 3 9 9 pg. 35 M. Termination 1. Convenience. Either Party may terminate the Contract without cause by giving 30 days' written notice of its intent to terminate to the non -terminating Party. The termination will be effective on the date specified in the terminating Parry's notice of termination. 2. Cause resulting from Material Breach. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, eitherParty may terminate the Contract, in whole or in part, upon the following condition: i. Material -Breach r If a Party determines, in its sole discretion, the other Party has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of the other Party's duties under the Contract. 3. Cause resulting from Failure to Maintain Financial Viability. DSHS may terminate the Contract if, in its sole discretion, DSHS has a good faith belief that Local Government no longer maintains the financial viability to fully perform its obligations under the Contract. IX. CERTIFICATIONS The undersigned contracting parties certify that: A. The services specified above are necessary and essential for activities that are properly within the statutoryfunctions and programs of each Party; B. Each Party executing the Contract on its behalf has full power and authority to enter into the Contract; C. The proposed arrangements serve the interest of efficient and economical administration of state and local government; and D. The services contracted for are not required by Section 21, Article XVX of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. , DSHS further certifies that it has statutory authority to contract for the services described in the Contract under Tex. Health and Safety Code Chapter 191 and Tex. Gov't Code Chapter 791. Local Government further certifies that it has statutory authority to contract for the services described in the Contract under Tex. Health and Safety Code Chapter 191 and Tex. Gov't Code Chapter 791. SIGNATURE PAGE FOLLOWS DSHS Contract No. HHSREV 100002986 Page 6 of 7 Vol. Pg. 3 6 `DocuSigri'Envelope ID: 83A81C58-DBC8-4D92-8DA0-93Al2B5B55FB SIGNATUIMPAGE FOR DSHS CONTRACT NO. HHSREV100002986 DEPARTMENT OF STATE HEALTH SERVICES BRAZOS CO DocuSigned by: (w,� Signa a Signature Manda Hall MD Printed Name Printed Name Associate Commissioner for Community Health GU u �� N p�OE m Improvement Title Title May 24, 2023 Date Date S I o2� oL0 c 4 0 DSHS Contract No. HHSREV 100002986 Page 7 of 7 HEALTH AND HUMAN SERVICES Contract Number H HSREV100002986 Attachment B CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as "Contractor") regardless of their business form (e.g., individual, partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State ofTexas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v. 2.2 Effective May 2022 Page 1 of 13 Vol. P9, 38 5. Assignment A. Contractor shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. Upon receipt of System Agency's notice of assignment, pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment, pledge, or transfer, at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed In the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS' terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use, produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. S. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. `I1. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract Health and Human Services Contract Affirmations v. 2.2 Effective May 2022 Page 2 of 13 Vol. 399 pg. 3 9.: { and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. If the certification is shown to be false, Contractor may be liable for additional costs and damages set out in 231.006(f). 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAID maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, " published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not (1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date ofthis Contract was the executive head of an HHS agency, or (3) a person who employs a current or farmer executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and human Services Contract Affirmations v. 2.2 Effective May 2022 Page 3 of 13 �A 40 Vol. Pg. 18. Franchise Tax Status Contractor represents and warrants that it is not currently,delinquent in the payment of any franchise taxes owed the State of Texas under Chapter.171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155A441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling'Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the, purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecarity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification, of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. r Health and Human Services Contract Affirmations v. 2.2 Effective May 2022 q� Page 4 of 13 3 9 Vol. f g. 26. Restricted. Einplqifient for Certain State -Personnel Contractor acknowledges that; pursu.ant.!,o'Secti.on.572.'069 of the Texas.Government Code,.a.foriner. state, 'Officer or employee of a state -agei ,':Py who during.the'l56fiod, of"' state service or -employment '' i - pxtj0,pqtbd on of a siate- agency; in -a procuremebt'Or tolittklt nd9dilation invoilViiij.-Contractor may not accept employm ent from:Cofitractor, before the se�qopq,pnniVets5ry.'ofthe� date1fie. Contract is'signed or the procurement. is terminated: or withdrawn. 27. No Conflicts oUnterest A. CQntractOtrepresdnts afidwatrants thdt-it'has noiap'tual Or-pQteIWaI.'c6,hflIcts. of interest In 'prov'iding.tbp-keqti.es.ted.*good8 or krvi s ceslo System Agency underthis' :Cojitrad.t or any related Solicitation and.that Contractor's provision, of the requested goods and/or sery - ices -underJW Contract and any, related Solicitation will. not .constitute an;actual or potential conflict of intereq.-or reasonabl y create an appearance of impropfiety. B. 'C6fitrktoi agrees that, ifafter-exwtiiion of the Contract, ract, CoAtt'd6tordiscovers or is made aware of a Conflict bNbtere9t, Contractor will immediat6ly And fully disclose such interest inwriting -'tOSystem Agency. inadd"itJo" n, Cohtracfor will promptlyand fully disolosp any relationship. that might be perceived or reprt;spnted as a conflict after its :discovery byCoqf acto,r -Otby SY�Wfti.A 0. as a'06t6ntial,con flicemt. - Syst g _ ;exi . - . . Agenbyreserves the ri6ht'to'mdke a,fin,,d,determi-oatibn.rtgatdiifg.ihe..ekisteilceaf Conflicis',of Interest* and Contractor agrees to, abMd-6 y 'System Agency's decision. 28. Fraud, Waste, and Abuse Contractor und6rstan0s-thajj.IH.8 -does fibf1toletAt6. any type of fraud, waste; or abuse. Violations ,oflahv, agdhcy:po1i' .di6s-,,or standards• of eth &-poriductwitib' igatdd, and 'appropriate- actio4s wilt be,341( en. Porsudrft to Texas Government: Code. Section 32-11,622-, if t6.administrative bead. of a department cy entity that ig'gubject*to Audit by the state auditor 4g re to� asonable.'pau§e to belj6e that money receivedftom-tho§t*e by the. 44partmentbr. entity or by a client(or contractor of the,* partiftebt Or.eiitity..may have 'Oei!n'lost,.ftligd..Ppk6pt!Ated- in Nosed,. or,- that other fraudulent. or wilqw.i.4"I pofidu,6t.hbos :occurred :izrelationtothe operation rat. 4epartineftt or entity, the admini9tr6tive'head ,ihalifepd tfie'rezf§bfi "ate And basis f6r the belief to the Tdxas--Auditor'8 Office.,( . SAO). St All employeesorcontractors who hve,re8onabIe.dbW.e`to believethat -fraud,. waste"or use has oci�.Wdd (including.-misconduef by any..'ffH$ pniployopi. Grantee. officer, agent,. ,e loyee,,o subcontracto Mp ftKot-W.6kild bdnstituteiftaud, *.asie.,.or abuse) are required to 'imifiediatoky repoft the qu69tionedlaciivity to the Aealdli - Wdflqtban Services.COMMISM04WMI0 oNPsp0df0r;.Ged6faL Cbntract'or.'agrees to compi iy 'Wiffi-All Oplkable'la*s,', rules,,regulationsi and System Agency. ,pplicidslegardi g. fiaud, waste, i0ild'sibmse including, but not lib itoo'V, MJS C' irculafit- I, A tep0tt.to'tlie,-.SAO, must be,,made through one 0 Ihjo 't f 6116w"it g e -SAO Toll Free fIquiffe: l4QQ-TX-AUDIT SA6 Wdbsite:,htip://sao.fraud..-State.tx.tisI M reports m ..qd.e, WAP 010, ,md§t.be 'fiIh0d throu"gfi.one of the 'foil, owm 'aven0. efs: .R. Health and 116#6n Service's. qQ�tr4ct,AfIhrnRdpnSy. 'Effiduive May 2022 Page df 13 Vol. Pg. 42 • OIG Toll Free Hotline 1-800-436-6184 • 010 Website: ReportTexasFraud.com • Internal Affairs Email: IntemalAffairsReferral@hhsc.state.tx.us e OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. • OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v. 2.2 Effective May 2022 Page 6 of 13 Vol. 399 pg. 43 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that -Boycott Israel Contractor represents and warrants that (1) it does not, and shall not for the duration of the Contract, boycott Israel or (2) the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees — Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the Contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the Contract. Health and Human Services Contract Aff=ations v. 2.2 Effective May 2022 Page 7 of 13 4 4 Vol. pg. 36. Disclosure of Prior State Employment — ConsuIting Services If this Contract is for consulting services, A. In accordance -with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: 1. Name of individual(s) (Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination; and 5. The annual rate of compensation for the employment at the time :ofits termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State. of Texas agency at anytime during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding -Limitation Contractor understands, acknowledges, and agrees that, pursuant to Article IX of the General Appropriations Act (the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term,of this Contract, to receive appropriated funding pursuant to Article IX. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code. Health and Human Scrvices Contract Affirmations v. 21 Effective May 2022 Page S of 13 Vol. pg. 45 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment (2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post -transmission recovery on entry to, to gain access to, or to receive service from the Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state -funded contract. 1 41. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S., pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies boycotting certain -energy companies), Contractor represents and warrants that: (1) it does not, and will not for the duration of the Contract, boycott energy companies or (2) the verification required by Section-2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 42. Entities that Discriminate Against'Firearm and Ammunition Industries In accordance with Senate Bill 19, Acts 2021, 87th Leg., R.S., pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries), Contractor verifies that: (1) it does not, and will not for the duration of the Contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or, firearm trade association or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 43. Security Controls for State Agency Data In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S., pursuant to Texas Government Code, Section 2054.138, Contractor understands, acknowledges, and agrees that if, pursuant to this Contract, Contractor is or will be authorized to access, transmit, use, or store data for System Agency, Contractor is required to meet the security controls the System Agency determines are proportionate with System Agency's risk under the Contract based on the sensitivity of System Agency's data and that Contractor must periodically provide to System Agency evidence that Contractor meets the security controls required under the Contract. Health and Human Services Contract Affirmations v. 2.2 Effective May 2022 Page 9 of 13 Vol. 64Q pg. _ 4 s U. Cloud Computing State Risk and Authorization Management Program (TX RAMP) .In accordance with Senate Bill 475, Acts 2021, 87th.Leg., R.S., pursuant to Texas Government Code, Section 2054.0593, Contractor acknowledges and agrees that, if providing cloud computing services for System Agency, Contractor must comply with the requirements of the state risk and authorization management program and that System Agency may not enter or renew a contract with Contractor to purchase cloud computing services for the agency that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. If providing cloud computing services for System Agency that are subject to the state risk and authorization management program, Contractor certifies it will maintain program compliance and certification throughout the term of the, Contract. 45. Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill, 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531,102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience.. 46. Contract for Professional Services of Physicians, Optometrists, and Registered Nurses In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2254.008(6)(2) is applicable to this Contract, Contractor affirms that it Possesses the necessary occupational licenses and experience. 47. Foreign -Owned .Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0I 02(a)(1) (relating to prohibition on contracts with certain foreign -owned -companies in connection with critical infrastructure) is applicable to this Contract, pursuant to Government Code Section 2274.0102, Contractor certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent company, is: (I) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274,0103, or (2) headquartered in any of those countries. 48. Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran, North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i) neither the subcontractor nor its Parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and (11) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide director remote Health and Human Services Contract Affirmations v. 2,2 Effective May 2022 Page 10 of 13 Vol. Pg. 47 access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state. 49. 'Enforcement of Certain Federal Firearms Laws Prohibited In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2.101 is applicable to Contractor, Contractor certifies that it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103. 50. Prohibition on Abortions Contractor understands, acknowledges, and agrees that, pursuant to Article II of the General Appropriations Act, (1) no funds shall be used to pay the direct or indirect costs (including marketing, overhead, rent, phones, and utilities) of abortion procedures provided by contractors ofHHSC; and (2) no funds appropriated for Medicaid Family Planning, Healthy Texas Women Program, or the Family Planning Program shall be distributed to individuals or entities that perform elective abortion procedures or that contract with or provide funds to individuals or entities for the performance of elective abortion procedures. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article II. 51. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or inequity including, but not limited to, immediate termination of this Contract. 52. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. ' 53. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required.by applicable city, county, state, and federal rules, regulations, statutes, codes, and other Iaws that pertain to this Contract. 54. Equal Employment Opportunity Contractor represents and warrants Its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Health and Human services Contract Affirmations Y. 21 Effective May 2022 Page 1 I of 13 Evoi Pg- — .8- 55. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended'(29 U.S.C. Chapter 15). 56. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Afilanations v. 2.2 Effective May 2022 _ Page 12 of 13 Vol. 3 9 9 pg.t _ m Afithorized representative on behalf of Contractor must 90,Mplet:6 and sikn -the following: Legal. Asiulftp A'Duslneis Naine-of Contractor, ntr;f*r, if 'apiplicable'...(d/b/it or ldo!40: 09WOS as?) Texas sinesg Nam 061intAsYfor -Assumed Du e (d/b/a 6 ... rdbijigbusiness ag) -Attach Assumed NAIne-Certifick.g(s) filed.,vifth'-the Texas'-i6cretaryof Stak;Aftd Mswiied ,C r J, anyf, or"eath Texas, C' ob my Wliop.Assiinied Nqnie &r been fled.has 'S!giq:iturq of Authorized *p �at.. resen Ive Pkint,eOfaxne,df Afithokized Representative First, Middle Namej:or , W04. wfid taft'Name Title of Auth,prEted —P -,.Offesch 77 ff IJ� -3 - ----------- Y*W Stre6t Address City, " fate, Zip Code MWIU�g-.Address, if-dif "Went City,.State, ZIP.Co'de 17 V q Phone'Nuniber Nii Pax-.� mVer -W6 CO O:n V Ema''Address \j DUN$Xum 7-4/ Took'jd tifkation.-Nun1bgrIT-M TO- as Fimichise Tait Number SAM,gov Unique Entity Identifier tUEn T06:9 Nuxkbqr ng `health and H uwan Services Contra,t Afflyfhhtimjns V. 2.1 Page' 13 rif<l•3 ti Vol. Pg. 50 t ATTACHMENT C STATEMENT OF WORK I. Responsibilities of the Parties A._ Local Government shall use the Texas Electronic Registration Remote System ("TxEVER") to search DSHS databases, locate data, and issue Certifications of (" firth Certificates") only to authorized individuals or entities requesting such data. Birth Birth Certificates shall be provided to authorized individuals or entities in a format forme approved by DSHS: Local Government shall implement appropriate measures to ensure its use of TxEVER is not abused or misused b ' B. DSHS will allow Local Government to access TxEVERl lduring the hours of 6:00 p.m. Central Time, Monday through Friday, except national holidays as den0tifiie ' to Tex. Gov't Code Section 662.003(a). In the event of an emergency or,computer as a d m error, DSHS may temporarily suspend TxEVER access without advance no • application C. Local Government shall acquire and retain at its own expense, the recess Processing equipment, communications, hardware or software, and paper necessary float accordance with the requirements set out in Tex. Admin. Code Title 25 Se ction 1. as specified by DSHS, if necessary, DSHS will provide technical ass'stanceg o28 and Government to enable Local Government's computer equipment to connectLocal D. Local Government acknowledges that TxEVER records may not be located orrEc�R� errors resulting from the following unintentional occurrenceontain 1. Key -entry errors in spelling; s: 2. Failure on the part of DSHS to update a file for an amendment or paternity determination; or 3. The'event year does not exist in TxEVER. E. Local, Government shall provide DSHS- with monthly written notification of err suspected errors discovered by Local Government in TXEVER. ors or F. Local Government shall use TxEVER in conformance with Tex. Health and Safe Chapters 191,192, and 195, as well as Tex. Admin. Code Title 25, Part 1, Chapter g ICode in the format formally approved by DSHS. p and II. Fees Invoicin and Pa ent ' & Fees. Local Government shall pay DSHS 51.83 for each birth certificate issued to Government from TxEVER Local Government agrees to charge the same base search cal for a birth certificate as DSHS charges to Local Goveonly 6e charged as authorized by Tex Health and rnment. Additional febs may Safety Code Chapter 19I and Tex Admin y be Title 25, Part 1, Chapter 181. . Code DSHS acknowledges that Local Gove only from funds appropriated for the then au Payment oc obGo eornments to sSfis� e payable available for the Purpose of the Contract. Local Government shall provide DSHS with year and Prompt node of failure of Local Government to receive adequate appropriations or Otherwise sufficient revenue to satisfy its obligations under the Contract. Pagel of2 v. I1.2022 v ATTACHMENT C 'STATEMENT.OF WORK • hIn—VOI—Cing. DSHS will send. It, rriizmonthcl 0 Local COvernm far all b"th c0lif 1c4t0s pfovide ent On the I st of e,��dry- invoiCing will be:s provided to; ginthe Priormonth. i Ont through the `U S"POstal Service toarhihenvat: Name: KarenIc uden Brazos.CouPty -300 East 2 6th Street Suite I-,)o .Bryan, Texa07843, Local Goveniment shall direct any invoicing 776 . email al 9 inqEdrI&$_ to: DSHSeithe�t -by phone7�953�-or em. 11 to . b -L &� I at 5 12 C' 99-k1_01nt Local GOem-ment shall -remit payment ill full to DSHS within' hOfitsreceipt ofa DSHS. invoice. PaYneft shall N remitted via mail ,or ptrahgfer. paynentbyLocal oovemnient shall be cOnsidu-ty (30) days lectrOnic fund by DSHS.,eied npete ' Oil the d4te received Local; (jovetnmentshWl.wend payments to DSHS at., TW-W Departlij6nfqf 8tate.Fealtfi Services Cash W-2096 as I RfcLeIpts:`B-rancb P-0; Box 149347 Austin, 'TX . 787144347 or Jpmot�an- Chgsd. Bank Acet #--013531-1 118 Dank'Rt T# 02,1'409.-1.69- TIN 4`320-1 1 . . 13643 Pap 2 :of 2 Vol. 399 pg. .52 HHS'DATA USE AG.1tEEN1F.NT This Data UseAgreement (`tDVAI.),. effectivo,at of the date; the,Base-,Contracf into which it is,iaqorporated is -signed -("Effective Date")j, is entered into by ;nd betwpen d Tdxds. HealthAnd H Sdrvices Enterprise agency C'MW), 404 the Contractor identified in the Base Contra p6lific4l subdiv"isi6ii of the State of Texas ("CONTRACTOR'-').. ARTICLE I., PURPOSE; APPLICABILITY,- ORDER OF PRECEDENCE The purpose of this DVA is: to facilitate creation, receipt;; mai �, 0ntenarido6, .disclosure or access to: Confideiitial:lnforniation,,.vith CONTRACTOR, and describe CONTRACTOWs rights and obligations with respect to fhd!Qonf dential Information: 45 CFA 164:564(e)(i)-Q). This D'UA also describes BH ` S'� remedies in 'the event of 'C.O'NTkACTOR's noncompliance with its obligations under thii!DVA. This.' DUA applies to, both. Business Associates ajj�f. contractors who are not BusinessAssociates, who 'create, ted-Ai%, disclose .. of h1ave, qcodt$. to Confidential 'InfohnAt. . i6h, Oh'behalf of HHS, ifs ts programs, ot,,c1Wfft9 'as described in the Base Contract. As of the Effc'dtiVe Date of this DVA, if any . ion 16fthd Base Contract, includi any General Provisions or.tJiiifonpTerms and CQ'' ndid(iiis,:conflic"tswithihis!)UA,,tlii'sDUAdbkitrols. ARTICLE 2. DEFINITIONS For the purposes: of this DUA, -'capftalizod, und WHO& (drins have the -meads. in set forth in the -following: Health hi§urlh O�Pb t.Ability 'abdAccount6bility A# of .106, Public Lativ 104-191-(42 U.S.C. §1320d, of seq.) and regulations theretinder1h 45 CFR- Parts 160 and 164,.'including 01 amendments regulations and '&d anc ce thereafter. S issued thereafter, dcdr4Y A including Section 11,37.(42 U6S.C. §§ 192-0b-7), TjtleXVI qf.*the :Act; The. Privacy'Act .of 1974 as ar4e#4pd,by the 'Computer M d .Privacy 4911ing. an Pri - cY Protection Act -.of 1988, § 552a .4h d regulations :and t -Vidan6a thereunder'; hiieru6l Revenue -Code, Title X e-,aqd regulations and of the. United Staies'Co.d public4tiotis. adqpted:undethat code,, including IR'-$ Publication .1015; OMB Memorandurn.0748; Texas Business and Commerce Code Ch. 521,; Texas Government od $52 an C ,, .and Texas, G9YPWm6ht Code �2054,1125. In addition, the QlQwfh0 cr wmsin ' ' this DUA are defined as follows: UAuthorize&ku OS6"iiieAh's'tlles'peci.ficpuiposeorp�r'�bs-sd described in e esqn �: ihth6'S'tAtdftient ,W6rjc,.0t.the rp.... _ Base.Cohirki for CONTRACTOR to:fulfill its. obligations underth as Contract, o4traqt, orany' other purpose -ii-p-i -1, 'hOrizedbyHHS .in vfiting:iottd-vance. qxpxess youi "Alfitho'rizW Mer.R.means- a Person, (1) Who%is authorized: create,, main view, zed. �ain;,.have. ftbiDSs,to, process, v handle, Oxaffiffie, interpret, or analyze Confidential Information -pursuant to -this DUA-. HHS Data'U�P Agc0ient TACNC310VERS!Oii (Local 'd , �ty and 6-_odn't'*Enfiflqs)�', .-g5 .y er: ,, 2019 Pale 1'•o,f15 Vol. pg. Z-1 7 71 VT (2) . For whom. CONTRACTOR watTgnts and represents ,has -a.&r4on-s.'tr.dblp,- need to ddato,;'tedei've, mAffitam, use,, disclose or have .access to. Confidential Information;. and Who has: agreed ,iA NyAtihg,;to be bound by thd 4s409&6 and use limitations gertairiftig to the. Cohfidential Information as required by this'DUA. -iC,oni.i.detit,ilal..Iiit6fmatiork":'Ai'ea.n's:.any',c'o.niihiffiiddfi.oii,.cif record (*Whef'orial . , wntfen,, electronically stored .or -transmitted, or in any other form) provided to..ormade available to. CONTRACTOR, dr.tha.t,,CONTRACTOR.may,'fo�iffiAuthori2:6dPu'Mose cfeate, receive, mairilain, use, disclose or have -access to, that consists- of or includes any, QT all ofthe f6ilow" ing,: Client Infoiniatiog, (2.) Proteciod'Health'fiiformation..iiI -ally form JhOU04 Witho!4t 1101itAtibii, Electronic Protected Health Mformatio of Unsecured Protected Health ij�fbrma'tion.'(herein 5THF); SensffivePersorial -information defined by TWs, Business' and - Commcice Code -Ch. -521.;:- -(4) 'Pederal Tax '!nfotmatioti;, PA .:(5) Individually Identifiable Health.Information.as relaied. to Ht "-A,, Texas .14TAA .and P6. rsotiM Identifying biBJknAtidft under.the.'Tokag .Identity Theft Enfbrcelnent. and Tfatebtion (6) .Social.SecurjI2 Admiftistfeftibn Data, indludiq,-, -without lirhi'tation, Medicaid information; :(7) All pffvilegcd work: product;. All- information designated as confidential under the. constitution and laws of the -State.-of Texas'.6ad of the United State§,Jncludipg:the Tekas Health&, Saffly *Code, and -the, -Texas Piiblic-Idormation Ad- Te xas Government Codc,:'Chapter -55R. "Legally Autborized Representhfiv6l' of the Indi-Vidual,- as defined by Texas law,, including .as proyided in 45 'CFR 435.923 -aild); 4� M i64,.�6�( Tex. 0 CQde. § (Kqdip g (HIPAA �bk . c�. 1.51 ;.,T'ex. R. & S. Code 166.16.4,.: and -Estates Code C h Z'.' 0). ARTICLE 3. .CONT-RACTO.R'SDUTIE$P.E'GAR'DINOcoNFibE-NTIALINFORMATION 3AI 'Obug4lidns of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR willexetait-o reasonable -:cote and rio logs. than the .same Aegee• of care :CONTRACTOR uses to- protect its own. confidential, ,proprietary and trade. 'secret it if itInformation.-fibm beingusedin d. in hifoinlafi.6h to prevent OW paijidnxiftbe'Coide Confidential 1-111$ DaL3 Use:Ag%Oament TAlbC�110'VERSION(L-6ghICity..ata,C utit"'t-fiti c$)- 201* 'y Ii Q p p -2 1., .9 Page 2 of 16 VOI.'__ 3 9 pg. , amanner ibati not Authorized Purpose iidaer. . §n.o.. under. this DUA-of as Required by Law. 45: CFR 164.502(b)(1);.45 CFR 164.514(d) (B) .EXdqpt askeAuiftdbyLkwL;dONTRA0T0Rwill or allo-wiacdess 46 any. portion of .the Confidential. Inforniation. to -44y Personor -other entity, other than Authdiized User's Worldhec ,'or . ih,►ctdrs I (ag. :4efihod :in 4S.CER 160.104 of ',CONTRACTOR who have completed" triwng in confhkritiality, ptkvzkoyis c Urit. , d and the y Iriiportance dpfo*mptly repor.tihg any EVeht-br Breach to CONTRACTOM.managemen t; to -carry -out CONTRACTOR'S o1jigations in cpn.n.ec0o;i:with.thekiitli(irized Purpose. . fIIjS, at its, election, may assist CON, TRACTOR in training -and..educaiion on specific, or -priiquo IMS pKocegees, sy8teh19'.andI6f're fg virenien.'CONTRAQTOR. -Will Prbdiidd ,.evidexice of c6inpleted traIiiinglo-FIBS upon request... 45 ' C.F.P. 16'4.$' (S)(i);Tex& 08(a) Health &Sqf,to Code §78L.1101 - AP of CONTRA TOR's Authorized Users, Workforce and Siibcontraciors, 1vith access to. a state computer system or database,wfll. complete a,�cybersecurity-(r n'j"ng.progrM. certified under Texas -r4dVemftfent'CO46.Si2ictidii-2054.519bytli6Tekgs-Department ofInformdti61IResourceso.r.-offered under Texas Govern'trient'Code Sec, 2054.51 9(f). .(Q) CWTRAC- TWill.vftNish, iMPIemeit and maintain appropriate .sanctions against.any member of its:Wqrkf6rqe orSubconitactor who &ils,to.cPmPlyW..Itb this WAI the B6se...Qontract',or- h mainwffi 'idence of :applicable WAr; CONTRACTOR will evidence sanctions. and produce it to HH9 upon request.45 -C.P.A. 1*61,108(a) (i)(R)eQ; 164.530(e); .1.64 41 0(b); 164.53 0(b) (1) (D) CONTRACTOR will I.Xotj, 'except `as, pgiqtwii6 petffiittdd . . permitted ... d by' -T)TJA, -disclose or provide access to.any";Confidential -Inform igh on the basis. that such act is `ReqUired by".without i4offyiiig either .14HS or QONTRACTOR's oft legal counsel to determine whether. CONTRACTOR, should -object to Ahe. disclosure :or :access and seek appropriate :rolipf. C0I�TRACTOP willtaft1tainai Ab7fing of ,all wblirequesLs for -i disclosur6 and responses and provide, such accounting io ..HHS within hours o' f HHS' Kdqiipst. 45 U.8 164.504(q)(2)(R)(A) (E) CONTRACTOR -wilt not, attempt_ :to re -identify or further identify 'd6iifiddii't'ldilhf,dfmdti6noiDe-ideiitiftedlhfdnnaflo .or attempt to contact any Individuals, ..,yhqse rqcqrjs,-gze f . 4 -oont neo in -tj�q-C6n Confidential 'ItifMigfion except "for or hri. Auth;6ijzed k=bse WitWit express written - authorization from HH'S' or as expres :permitted by the Base,'Contt�qt'. 4Y'CFJ? dild. 00 C-PNTRACTOR.WilI ,not engage in otohibited.mdt .marketing or sale of -Confidential Information..45 CPR .164.501, 164.S#8(q)(3) and (4)' T :4fedltk A Safety. i .#tj e, C11, 191.002 (F) CONTRACTOR will not' permit, -or enter into any Agreement'with a -Subcontractor to, create, receive, W ma . . ain, use, disptogd, hitVp...ad6es , S to Or, tiusIlAit Confidential Information to carry out CONTRACTOR's. obligations in connection with the Authorized Purpose 'on behalf of CONTRACTOR, 'u0le$s,,'SubcbntrAd(or'agrees to, comply HHS.04fa VAe Agreement TACCHONERSION (Local City and. County Enlifies), 20 Vol. 55 P9 with all applicable-,laws,rules and regulations, 45 CPR; 164?5026 vid (2 0 (e) -(G) -CONTRA-CTOR-is.-directly-responsible.-f cotppl�an6e.. I 1 vyith, enforcement of�� A conditions for creation; maintenance, use, diklosilre and dnk * qansniissibn and Destruction of Confidential Information-atia.'the acts 0 .r:omit$iQpsof:Siibcontactottiis#iqbb-io,".,.oil ably iiqcc9sai)r to prevent unauthorized use. 45. CFR 164.504(q)(5); 41CAR-43L-160yet seq.. (H) If CONTRACTOR r4aintai ns.PM in'A. Designated .Recdrd'Set which -is Confidential Information and subject to. this Agreement,'CONTRAC`J7011 wMmake - PHI Availkfe.to iWS.iin-a Designated Wtiad Roord Uttipoh request. -CONTRACTOR will provide PHI 40, an Individual, or L-cealflv--A-uthoirized-Representa6ve-,Of 6' Individual o---- ih In Vi ff, -re"esting C:9'ip;iptg--nJc'e 'W-dth 'le x6quiremehts -of. the., H'IPAA, PAyAM, eeul4ions. tONTRACTORwilt -release Pfit in -accordancewfW ilialftmkprivacy ReW atidns -upon .re,.-eip.t of a valid written authorization.. CONTRACTOR will make ' other ,Confidential Information in C0NTPAQT*0R!s - -possegsipn avAilabld pursuant to thq'.rqquifem6nts of MPAA-m other Applicable law upon a determination oft treachofUnsecurqd PHlasdefined in HIPAA. CONTRACTOR will maintain cdounting of all such disclosures and provide ain an.accounting - . g. -it to.HHSWfthin 48 hours -of I-MV--request. .45 -CFR 16.4iS24aizd]64.504(d)(g)eii)(t), (1) if ly .is subject to :this Agreement, C ' - ONTRACTOR will. -make PHI -as -required by HIPAA available 'to HHS for -review ;sO7 eclueiit to. C0 * ' Vs C NTRACTOP 'incorporation. of -anyts requested pursuant, to HIPAA, 45 CFR. 164.504(g)(2)(Y)(E aud(F (J) If-PH17i§ subjectto4hig Agreement,.CONTRA&OR will document and make available to HHS -ifie YRI required 'to provide ac6ess, ail accounting of discl •osures or amenditen'tmcompliance *ifh-the,requirc'mentsofthe..FUPAAPrivgakegiLlaiions 45CFA 164.504(e)(2)(ji)(d) and 164.52$. '(K)' If CONTRACTOR -receives a request for access, amf,-n4M9pt ot-aqdwnfifi n9ubjW1tothis DUAjf-vVill- respond io such -request In- Compliance -witli the- HIPAA Privacy Red-bldw6ng. CONTRACTOR will maintain An accounting of allre's'requests46r access "o' or POUSCS-10 t ,amendment ,of M and !provide: it to 'HHS within 4. -hours -of'.AU9' reqddt 45 CFR .1.64.504(e)(-2 (L) CONTRACTOR WiM.'provide, and will cause its S-0),dontigtor-s-dfid'a ents "tO_ prjOvide, to f.IHS- petiodic written '66difiedtions of- compliance with controls- and provisions relating 'to information pfi%qy, security -and br.each ,not ficatioji, including *RhOut lirnitation'106rrhatidh kelate'd to ddta transfers -and the handiffig! and disposal. of Confi ial Information. 4$-VPA-Jk3Q8, i".�$30 6 0 17 7,; 4. C 2 02; (M) Rk6bpt as 'othekwise: liffifted by this.-W& the Base. Contract; :or law applicable .tq'ft C6rifidenti'l. Ififormdtitin. CONTRACTOR may Jd9.e,,_PH1 for the* Oi6per ffianAgemeh.t and. Administiation of' -CONTRACTOR or to -carry- out CONTRACTOR's HH5 Data Use Agreement TAGCHG VERMN .(LTa County Ed fi�esq_ Pqge4 of 15 VOL 6A Pg. legal responsibilities. Ex.cept -as.othorwise.litnited by this D , UA, the -llase..Contract; or law applicable to -the, :Confidential information,.CONTRA..X CONTRACTOR '.may disclose P.H.T. for the, proper inqngigernent and administration of CONTRACTOR,, Pr to carry out .CONTRACTOR's leg.61-respongibilifies,,JE 45 CFR 1.646504(e)(4)(A)4 (1) 1Mq1osUre:i4.R'e0fiircd by LaW j)Kovided- - . CONTRACTOR complies I.. ihat with Section 101(D);,or " .. (2) :CONTRACTOR obtains r0asonable-bssufafiod from the person :or entity- to which-fhe;information is disclosed that -the -persowor entity will: -,(4)MMi1ta1ri' the confidentiality of the Confidential Information in accordance _ I . with-thUis D A,,; (b) Use, or,fiirtherdisclose the.-inform4tiononly asRequiredb L . rfor �Y -thp,,Authorized Purpose for'WhiPh it was ffisclos6d to the Person;. and (c)Notify CONTRACTOR, in. accordance. With -Section 4;0 1 of any Event or ,-Breach of Confidential Information of whi6h the Person, discovers or should have discovered with the -exercise of reasonable diligence. 45 CFR 164-564(e)(4)(Y)(B) (N) "Except as otherwise. limited.'by thisDUA,, CONTRACTOR will, if required by laW, and rdqudstdOy HHS,'usd c6ninekei4ity-rbas6'n*abidefforts to use PHI to provide data aggregation: services to FMS, as that terns .is ddfined:in ;the H.lPAA, 4.5 Q.M: § 164.50 Tand permitted by HIPA&45 CFR 164-04(c)(2)(O(B) '(0) CONTRACTOR will, on the -termination qr' expiration of., this DQA,or the 'Base Contract; -:at its expense., -send to HHS or Desiroy, at HHS's -election and to -the extent :reasonably feasible and,peripilsibld by )a,*,, all Confidential information received from HHS .or created or maintained,by CONTRACTOR or .any of CON . TRACTOR's agents. nts. or SiflYc6httActo :on HHS' b :data b.04% is C6nfidetitial Information. .'CONTRACTOR -Nvill - certify, in writing to IMS that al 1. fl,ie'Confidential'Informati on that 'has Veen created',, received, "mairitaied, used .try bt.di 90 okd.'to. CONTRACTOR, .has been `DestrUed or sent to HHS,- and that CONTRACTOR and. its agents and Subcontractors have ,f0ained no copies theicof- Ndtwi thstandffidthe foregoing, HHS kkhOwledgWafid agreesCPP .0 CONTRACTOR s 09'i .tidy obligated to: send to' 14HS-C, Do any'Cordidgntial jr6onn6tion. if federal jaw, -state law, the Texas State, Library and Ar6hives Commission rdo&6 iete'Atibb .'sthedule. 40or a IiQgtiori 1161d qo&e -proWbft 'such delivery or S�, ry Destniction, If such delivery orDesftuction is not reasonably feasible, or is impermissible by Jaw, CONTRACTOR 'Will immediately notify HHS or c '"pry the reas6 such deliv or Destruction ismot-feasible and agree to -extend Indefinitelyhe pyotectibns of. this'DUAto the- . %f6rmatiori'tend Iiiiiit its TuMe"r uses s qn& dfgelo.sur&s tq tf(dpurpwts thannake the return del(ver'v or Destruction of the Confidential Information not-f6isible for as long.. as CONTRACTOR M aiataiM sudh Corffl dehti 6 1 Infoitfigtion. 45 CF.FR, 1645 04 (q) (2) (U) (J) .1-111S MMUs"Agreem6fit TACCHO VERSION (LbdM City dhd-Coi1REyEntities) 6&iAef lljol *9 Pago 5 Of 15 Vol. 399 pg. 57 T CONTRACTOR will create, -maintain, use, disclose, transmit or Destro Confidehfidl. Information in a'seciire fasi6iithat pro*ts agaffistarlyrea$,obably dhticiphtdo .01Mts or hazards to the security or- integrity of suchinf6imation or unauthorized uses. 45 CFR 164.$06;..164.530(c). _(.Q), If.CONTkACTOR accesses. -transmits, stores, and/or maintains Confidential' Information, -CONTRACTOR will complete and return to 1-1118 at Infoseolprity a7hhsoatateax.us tfib..HWrjt� Wid p Ifibil I qOiry (SPI) 14.$ i aiiori. se nyaQy in J..Jn at Attachmeni I The SPI identifies basic privacy and -sccu'n*ty controls with which CONTRACTOR ftibgt comply- to ptdtect IIHS Cdifffiddrifial Itiformatidi. CONTRACTOR will comply with periodic, security controls,compliance assessment and monitoring, by HHS as 'required: ,y state "d; §'t -and' federal id*, based on the 'type of C;'g;;,I Whiinatiori CONTRACTOR creates, receives, maintains, uses, discloses- or has access to and the ,Authorized PdiMo se and,level of risk. CONTRACTOR'S security -controls will be based on 10 aad'Technology (.MIST) -Special Publication 800-53. the National Institute -of -Standards, CONTRACTOR will update, its security controls assessment whenever there are signifibant dha%ds in "s00uriity po ii(t4 for RFIS "Corifideritial hifoftati6n and will gtpVid& the updated .doctiment to HITS. HH8 also reserves the right to requekupdates as-nee'ded to satisfy state ,and federal. honitoring. requirem0rits.45 CFR 164.306. -.(R) ONTRACTOR will establish, implement and 'maintain "reasonable -procedural,, Admini . str4tiVe,,pl . iYsi6al -iindtechnicil saftiiaids to. preserve ,and maintain the confidentiality;. n,tegrty, rd'avdilability ftheContdeneial"Itif6rmati6n aid -wit respecito PHI.as deseHbed in -the HIPAA Privacy and Security R6guWations, or other applicable laws or.rogulatiob's,-'relat' -g to:Cbnfiddriti9I Information, t,0,,prevdnt afty, iinauffiorized use or -disclosure ofConfidentialIabrination as long as CONTRACTOR has., -such Confidential InfdrMatioft 'In its �adtual of constractiv ..e possession.. 45. CAR .16 3 safeguards) 164.310 (physical safe uards); 164.312 (technical safeguards); _764.530(c)(privacy safeguards). V. '(S) Q ONTRkCTOg:will designate and identify, a, Person orTersons Pnyacv O(iicial-45 eFR 164.530(c)O) and Inforniklon Sdcu Dfficifib each,ofwhom is hifthofized `to 'act -on, behalf of COi\1TRACTOR, and is resgqqsible for the development and -implementation* of the -privacy and security requirements in. this.DUA.. CONTRACTOR will, ,-provide namo-arid curtefit, gddress, phone number and e-mail, address, fot ipph designated officials to HFIS upon execution, of. this DUA and prior -to t any -change. . If such persons fail to ro'ent romOits the "C CONTRACTOR 'replace'replacthem.,dciftlo� and imple * 46, kdqiii CTOR will ` uppnIMS r�quest. 45 CER'16.4.30*00. (T) -CONTRACTOR represents and warraots!tiiat its Authorized Users- each have :.a demonstrated need to '.know and have access to Confidential Information sole to the ;ininimurh dxt.e,'ht.,necpssqty,td'6pdoiii.plish. the Authorized:pvo�ep, ubifi tdthis DIJA-and rp .1. C the Base Contract, and further,. that each' has agreed in .writing to be bound' by the, disclosure and use limitations .pertaining to the Confidential Information contained in this DUA. 45 -CFR 164.502; 164.514(d). -HM Pata VAk Agreeniont TACbHOVERSION (Lotal'Cityand County Entities) ',.O 6b . r 23,.2019 Rage 6*.of 15 Vol. 309 Pg. L--. (i_i) CONTRACTOR and its Subcontractors .*ill maintain an updated, complete, acctuate and,i tttnbered,list of Atifhorized Users, tl�ieir -s gnatods,. titles` and the date they agreed to be bound by the terms -.of this DUA, at all times°and supply -it to HHS, as directed 'upon:regiiest. (t) _CONTRACT012 -will implement,, -update as necessary, and document r-`easanable and appropriate policies. and procedures. -for .privacy, security and Breach of -Confidential Information and an incident response:plar for -an Event or Breach, to comply with the privacy; security and `breach notice requirements of this :DUA prior to conducting Worl�under ttie Statement of Work. 4$ CFR 164.3p$;1.64.116; .14 3114(4).; I4'4 530tt)(1), (W) CONTRACTOR will. produce copies of its. information security and privacy policies. and 'procedures and records relating to the use. or disclosure of Confidential Information received from, created by,. orreceived,:used-or-disrlosedby-CONTRACTOR for an Authorized Pdriiose.for.H'Vs review and approval. wfthiii 30 days of execution of this :DUA and upon request.by HHS the k1lowing business day.or-other agreed upon time.fiame, 45 CFR 164 308.164. 14(d). (X) -.GQNTRACTOR will make available to HHS any information IMS requites 'to fulfill HS's obligations to..piovide access to, or copies-of,`PHI in,;accordance with-HIPAA and .other applicable laws and regulations relating 'to Confidential Information. CONTRACTOR will provide such information in a:fime and manner. rcasonably agreed upon -or as designated by the -Secretary tifthe U.S. Department of Health and.Huinan Sdrvices, or .other federal or state law. 45 CFR 164.504(g)(2)(r(I). (Y) CONTRACTOR -wfll only- conduct secure transmissions •of Confidential Information tiYlietlier in paper,, oral or electronic form,) accordance:with:applicable-rules, .regulations and laws. A secure -transmission of electronic Confidential Information in »notion includes; but is not, limited ,to, `.Secure File Transfer Protocol. (SFTP) or Encrvntion Al an appropriate. level. If required by rule, regulation. or law,.HHS.Confidential' Information.at"rest xeq* s 'EngbYption W&0 ..thine is dtlier adequate administrative, technical, and physical 'security. ,All electronic data tiansfer.and communications of Confidential h&rmatiorrwiil'be through' securesystdh5s:P. roof of system, tnedia,ar device _seciirit .0&,.or Encryption iiiust.b,. .produced to HHS mo later than 48 hours after HHS's. written -request- in response 'to a coinpliance�irivesfz8ation, audit or'the Discovery of ah.Event or Breach. Otherivise, equested production ofsueh.proafwill be made as agreed upon by thcparties. De -identification ofl3HS 'Confidential Inforinatiog is- a means of security.' With -respect to de -identification of PHI, ''secure" means de-ldenti&ed according to HIPAA rivac ' standards and regulatory -guidance. 45 CF. R 164312; 16.4.530(d). _(Z) For each type of Confidential Information CONTRA J0R c pates, receives, ' iwntaius, uses; discloses; has access to, or transmits_iwthe performance of the Statement of 'Work, CONTRACTOR Wi11 comply with_ the following laws rt&s andregulations; only to the'exterit applicable and requited-by..Iaw,. Title 1,. Pact 10, Chapter 202, Subchapter B, Texas Administrative Code; HT'I5 Data Use Agreement TACCHO VERSION (Local City and,County 6ntitias)`:4oCober 23', 2019 Pagel of I5 Vol. pg._ 59_ The' Privacy' Act of 104; • OMIgMemorandurn 07-16; • TheFederal Information Security: Management Act of 2002;(FISMA); • The.:.HeAlth lit.ift.4 0-,PPr%bilitY- 4#d Ac000*4bility, Act 6_f 19.96 (HIPA-A) .as def1ned;iq.ffi6,D1J.Aj. • Infernal Revenue. Publication 1075— Tax Information Security GhideHmes -i�eddral-�.tgtd of' , . - Arid Local Asencids;. Nation ' ai Institute of Standards and Technology (MIST) Special Publication 800-66 Revision "I — An lhtroductory,Resdurce Guide,for linplementing the Health Insurance Portability -and Accountability Act (HIPAA) P AA) Security :Rule; • NIST Special Publiczftions:-800;-53 and'800-53A — Recommended S6cu'rity ',(oftir6ls for F.d. dfdl Information SY$WMs* and, Organizations,.7 as -cuffen , qY :revised; • NIST SpdciaFPiiblicdti6n '800-47 -- Security. Guide: 'for Intorcbmecting "thf I &mafion Technology Sys tems; • NIST Soccial'Publicafion 900-88, Guidelines for Media Sanitization; • NIST Special, Publication .800-1.11, Guide -to Storage of Encryption Tec11nologWs-,i, Ind User DeAces 06td'ififng PM; and Any other Stati or Federal law,.-reg.6lationi,or, administrativerule-relating to the -specific HHS prograin area that CONTRACTOR, supports on bqhalf,6f HHS. (AA) Notwithstanding ;anything to 'the contrary herein, CONTRACTOR wilt treat any Personil-Ideiidfyinglntoitiafioh.it creates, receives, "Maintains,.u§6s.,'tranginits, destf6y.9 a*V4 dis6l6s accordance with Texas. Business and -commerce Cd.de, Chapter 5-2 pDsin1:V41d ..other applicable sregulatory' standards -identified. in Section 3.01.0, -and 'Indhidually Idegfiflable.j4dalth Information CONTRACTOR 'brW ft receives, ,transmits,. maintains; uses. �ransn ts, destroys and/or :in accordance with -HEPAAand.other applicable fe$ulat6ry.stEWd Ard g Wen 00 ift'Sdcd6n4.6j(z)? ARTICLE 4. B"ACITNOTX01 Rk-P0' Ik-MG A '..* A -C 6RkE X !ON'T$ REO - 4.01 Br-ekh-,or'Livent-Nddfleation.toHHS. 45CFRI64.400.414. TiCiS Data Use Agreeiriefit TACCAO VERWR (LOcal,City and �County ti in , d . as . )0161, 6 � Prl 'Page 9'.0 15 3 PQ. Vol. 99 60 F(A —........... ... (A) ;CONTRACTOR will cooperate flitty-Nvi.ih,'I:AiSininvesti,-aii tnitgatingto. :t he -extent biattiedb1c,and issuing notificiti6tig.directed'by-HHS, for any,Event-of Breach of onfid6nii'al'.Iht6ni�iationtotbd'extb�ntand,in.ihemaimer.d - etqftnined �S -(B). -CONTRACTOR'S obligation b0gifis.-at theDiscove ofan.Event,or.Sreach -azldbqnl.inpeg as j6jig 4 relate'.. Rotivity, QOnOotws,:uh'ti.1 al I I effects of the'Ry ght-gre mitigated to..HHS'.s reasonable satisfaction.(the:" ncid`ent.response:period" ),. 45 C,FR X6 46-4.i .13feach Notice: 'ffl Initial Notice. (a) Fortederal itiformAti-on,iii6lu a withoutAirratation, Federal Tax lnform'a on t Socia8ccurikyAdn . �nlstration Data anMe' d di . caid,Client Information 'ivdthiri the. first, consecutive clock hour of biscove *.and —for .91.1 ofllQr typqs of Confidential dgn6l Information -iiot more. bgn 24 hours, after 'tin initially Discove - , 'or-inatim6fraffieotlierwise-"ap.prove.dbyHHS.in.wn g., .. a Teort 16 $4H81si TtivAcy -and -S'qOqritV Officers 'Via -email at: privacy @HF1SC.state.txus and to the , HHS divislofi--responsiblefor this DUA; aftd'IRS Publication 1 Q75; Privacy Act of .1974,, as hin6rided by the ComputerMatching and Privacy ivacv Protection Act of 198.g.j 5 U: s .-C..-g 551a;, OMB Wifiotandurn 07A6 as cited 'in HHSC-CMS,' 'Contracts :for information exchange. (b) Report, all information reasonably available to CONTRACTO about the of the privacy (it security of R a t th ConfidentiA.Triformaiion...45 CFR 16.4.41A. ro contact ihfOON00h 'to HH8 Na�me, and providefort CONTRA.C.TOR!s:single-,po int -of conta&who NAR communicate with HHS both on and.OiTbWifheissiWurs duiiti&'the,.'m'6idciitresponse period. (2)' Formal Notice: No'later than twID.busihess days after ihOnifW N..6iiqe Above, provide form4 notification. tb.privacy@ 1IHSC.statet&us and to tb6'*HHS' - division re4pon.sible• for this PUA, .including 411 reasonably available information about the Event or Breach, and CONTRACTOWs investigation, including without: limif44ori and to the t ifabli .. _Xtont.aVa . e--F#r(q).--(#i)fie1oM.45& 'The date the Event or Breach occurred!, .1 'The ' date- of CQ$T-MCC.TOWs 4.nA- if appjkgible,. Subcontract& s'*Discov6Kv;. (q) ..Abrief description o,fthe Event qtBr6aehi'4!i 't _,peludinglipwi occurred and -who is responsible (or-hypoitheses, if not yet -.determined); t'iIIS;Data'U,se Agreement i A,p6m v1;RS16i4 (Ls at City andCounty EOtwo). %cj 201.9 Page 9 of Is - Vol. 399 Pg. X n, (d)- Abrief d6ctiption of CONTRACTbR's investigation.and the, status ofthe iii "Nestiptioti; I . (e) A description of the types -and amount .of Confidential Jnformati6ft ihyolyqd; (f) Identification of and number of all Individuals reasonably belidyed.to b,.W-ected, stdridIaLstmin fthe individual and if , indl,44�g first Qo applicable the, Legally Authorized Representative,: last know.n.ad,dressi iage,.telephone riVinh6t, 'and einail -ad&6.�*;if it.i§'a'pjteterre'd.Oiitacttieftod, t6 the extent known -or can, be reasohkl�, defennitied by CONTRACTOR '' .1 . extent .. , . 1. can . . 1 .1 . 1 .1 ... . CTOR at thittime, (gO 60NMA6TOW9 initial, Ask assessment of the :.Event or 'Breach demonstrating whether individual, or other notices are required by appli64bje 4aw • o ' t thus DUA for $ :approval, ind . lWhig an analysis of whetherthere-is a low probability -of compromise of "the Confidential friffiftifdtion Of -,Vhdfh6r 4ny JbZat el(cqvo ohs to h6fifie6ti6ft apply; (h) 'C-'ONTRAC-TOR!S,TCCommcndafii)ri-forHHS,sapprova- as -to l the steps' kdfvldu99 and/or CONTRACTOR orf-:behalf : of Individuals. limitdq6n. CONITRACTOk's. provision of -notifications, credit protection, claims monitoring, 'and 4ay specifiopr.ptec-tions for a Legally Authorized .Representative to take on behalf -of aii.Individual ,frith special capai0ity or qixuinstances; ,(i). The -steps C ONTRACTOR bas taken to mitigate the hann or potential harm.caused (including without limitation the- pro-idlgioii of sufficjfenrtes�qr=- io vdtigat6); 3j) The -steps GQNTRACTOlk,has *.faken,or.will t6kot6,prev'piit or reducclhel&lilhood of 'recurrence ofa i m si 1 ktVenf-or L13tea6h-.. - I (k) Identify, desdribe or estimate the Persons,'Mrkforce, .Subcontractor. -or IhdMdUA&an4 any. b6inv6 . IV . -in -the Event or Breach; 0) A rP4s,0PAbt9 schedule -for . . 1 r CONTRACTOR to..'providexegulu updates, during normal'buginess hours :to the .foregoing Mi ' the -future for YeSP9nso, to t4d E2ka-of'.Bt6Aqh but jio'lqssthan 06-ory: 44o-(3) business days, or as othenvise.. directed by -UHS,, -including -informatiorL about risk ,9stjm:aii011 I s I x0poiting,votifidation, eartetiVeaption, toot :cause analysis -and when such activities-are,expected t.o'bo'complet:4- and Hlig-Data Use Agretmtnt fA(X1T0VERSION (,Loca1-Qty and County Entjties)-O,ci664A 2019 Page-10 of 15 Vol. pg . �tl (m) Any reasonably avaflab,l, 0,pettinimt inforin4on, documents or X-Oorts'r&ted to an Event or Breach. tbaf HHS -requesis following Discovery: 4.02 1hVestigation, Response and Mitigation. 45 ic-FR!64,3082.3110aird'31-2.;,164i530 (A) 'CONTRACTOR will ntrrieclately cqnd a full �Ud. poh*l�to.irwdst4ffi on, :respond to. the Event or :Breach, commit. necessary an, appropriate. staff . and resources to expeditiouslyand by IMS for iiicid6iff responseuT* oses r respond, Afid,rep as feqWred to and for purposes of -UHS's compliance:,,y4 report- and notification ::reqqirqrAe4ts, to -the - feasqiiftblk: Wigfttioxi of HHS. (B) -CONTRACTOR Vill complete OTparfiipat .ia risk ass e0smeot as directed by HIIS fbl!oNA,,jhg an Event .or Breach, ;and provide the final assessment, corrective.actions and mitigations to 11FIS for review and/ approval. (C) :CONTRACTOR will. .Rilly.cooperate:..wiih.HH8.,torespond. tQinquiries and/or px0ceedings -by,st.ate. and feAefat dutlio.jifts,'Petsbris AhWor Ihdividijals -kBqut the gyeA! or Breach.. (D) CONTRACTOR wil 1. fully dPop-dratO '-w.1th IIHN 6T-ort§ 10seek - -- - . appropriate :injunctive pfiate .iijihetiverelieforothenvise:prevent.or,curWlsuch'Eveniortieach,ortoreco or or protect iqny ConAdehtiaI'Infbrmat'00, icfudi�g6� Plyffig *ith Ydasonabl.6 .corrective action or measures, as specifed'by HHS in a.Cogeciive Achon''hu .jif-directed by!M$vmdorfhe-Base Contract. -4.03 Breath" fft Individuals and Reporting to Auth60 ri es. T6x. Bog. & _.�.qot . cat.loa.fo Indi - I ividp Comm. Code-§i21.1.053; 45' CFR 1'64.404 I (Individuals), 164.406 (Media),, '16440 (Authorities) (A) -HHS %may. :diredt CONTRACTOR -to, provide Brea6h -notification to :dpal 44M regulators or*td=o Os:$Pobified by HHS following n.Rre&h. :(B); :CONTRACTOR shall give 'HAS un opportunity to revie w and pro -Vide to; CONTRACTOR land :to -c6nfirm that. ,CONTRACTOR'S notice meets all t uire re regulatory requirements regarding the time, manner and -content of ..apy. notification - to `Individuals regulators or -any. notice.required"byy.--6ther state or. federal :5:iliall have tert(1 ''s' days to Q 0 dCh't , HH a 1 J, '1 business ,pxovi e'saiidleedbackto CONT tACTORNofice letters will bein CONTRACTOR'S h6ft* :and on CONTRACTOW-s -16fterhead, unless otherwise ;directed by and will contain .,, contact infonndtion." 'ludigg-the�jnAftitfdhd..iiticof.�.'.o t WC N T-RAd TOM2 representative; an ,dmAil Addi6ss and -a loll -free teldphone nurnber, '.if -required appli cable I icable lacy,rule, or .. regulation; for the Iridividual to -9titAit additional inffifihaitibn. (C) CONTRAC-TOR -wilIprovide'HHS with copies. of distributed. and -amoved HHS"Data Us&.Agre�enieht TACdff&VERW�z OC41" City and CoUnty bititie Page II of 15 Vol. Pg. 6 3 (D) CONTRACTOR vill have the burden of Aemonstrating to the. reasonable. sAtiflZictioft of HHS tbdt Aby,hotifidation zdquir,&d.byj.iqs.wjs timeiymgde. Ttthote---ard delays outside of CONTRACTO s,control, CONTRACTOR -vdll.proV-1dc written documentation of - the reasons for the delay. (E) if HHS delqgates- no&e requirements -to CONTRACTOR; HHS shaill, in the time and manner Teasofiably requested by CONTRACTOR, cooperate. -wi and assist: o0p .. th CONTRACTOXs informatidii rdqtq8ts'in order to•tnake:,,stfch notifications; and reports. ARTICLE 5. 'STATEMENT OF WORK "Statement of Work' r means the services and deliverables to be.p6r.formed -or provided by CONTRACTOR, or on Wialfof CONTRACTOR by its Subdbrittktors.oY agents. fb.r,8HS that are described in detail in the Base. Contract. The Statement of W6tk,, inc luding any future amendments thereto, is:incorpcirat(W by refereincc, in. this DUA tisif set out word-fQ.r-;word heroin. ARTICLE-6i GENERAL PROVISIONS 6,01 Oversight of C.6ftfldential -InformatiOn CONTRACTOR -dcknowledge'sAnd -agrees that HHS. is entitled to .oversee and monitor C CTOws-a;o8s to and creation, receipt, m aintengnqqx use, disclosure of the Confidential, -Information to confirm that CONTRACTOR is in compliance: with -this DUA. 6.02 and 0 bligations HHS will not -request CONTRACTOR to create,.-mairitaiql transmit; use:or disclose PF11 in ' under; zdiybi'Wigerth.at,vVol.ild,trot b�a-per.miss ib e� ind' applicable law if done.by'H.1H_S. 6,.03 HH&RI& te1uspectibn .At, any ft.ie *upon r6as.0,061e. fibt�de to. CON�MAQT. or if k 4S" determines `Ifte]s that CONTRACTOR JI dotehn 6 .Q!*4T,R�APTOR has -violated this DUA, .HHS, -directly or, through its agent, will have the right to ii�tb6tthe-facilitids,*systints, bo'6kg and records Of CONTRACTORtb hi6nitorcompliahce.,%ith-thig DUA. Ibrp'urpose�sdthis - subsection, f!HS'sagept(s) inclDde',:withoutluin'itation, the HHS Offic . e-of 41he.-Ifispedtbr Geheral or -the O'Ake of thd-Attom6y. General. of TOM, outside consultailts, or legal COUP.* qr--other designee: .6.04 Term;Termination T :D UA lhq.,daip executes thej-, UA, -and n on which CONT)3A4�T-01�- 'WilLte' ndt6 dpdh terniihation of'the�.Base Contiadt and.,a§ set fbith hefeijd. ffthe--Ba9*eCofitract is :extended.or amended, this DUA shall be extended or amended.concurrent with such.. -extension or amendment. ifl-IS Data Use'Agreement TAC'646 VERSION (Local'City and County EntlUes).0c.ibbe'ri 201.9 Page 12. of IS' I Vol. 399 P9_ -]Hju nigy fnirn'eidiately terminate this PUAand Base 06iftradupon a material violati6n-of1hig DUA. (B) :Te;i* tion-orExpiraiton of this DUA,,yj'U gptrelievq OONUAMI� of its oblig4tibii tb Mum or De-strov.'the-:Confidential Information as set. f6ith. in" this:DUA aid to 'C rd th6lCofifiderffidl information until such time as determinedymk (C) If-HHS.detemlines that CONTRACTOR --has violated a material-11enn of this oje- scre.. qn: Exercise any. of :its Oghts, indludijig 'but not 'lini.it-edl to reports', access aft& U DUA 0 QAIM e this Md/6rthe Ras ct;,of ,-(2) -Require CONTRACTOR to submit ,to a -Corrective- Action Plan, xnoriitbring'� and. plan tbf;��fdpdrti including a plan �r nb, as HIIS. hitiy d6terMine necessary to -maintain. compliance with'ifiis DUA; or '(3) !Ijj'4e: CONTRACTOR -With a reasonable; Oefiio4 :0. cure -the violatlonis.detertfiiied by jiftlor :(4) . Terminate the DUA:.andBase'.Coiitr.aet*iniiiidiat6lytilid §dOk,,,fdji6fjn A-000tbfcomp.etotj. ki. dWIti1on it. Teas: -More exercising any bf these .options, HHS vrill -provide. written .notice. 'to CONTRACT P describing _ . vio ..ibb,-the req4ested--Oireedti act on' 01IgT, A ;R . iftOg may take to. cure -the allege d violation inch the aefiofi 14HS intends ioIake if ihe alleged violakd. is-'h0t-.fiImdIy cured by.CONT-RACTOR. -(D), ftneither tq atfon nor m-is.feasible; ,-,HHS shallreport theMilation -th -a to e �ItVt��ffthe U.S. _Department 6f14dalth.add Hum4n,;S6MO&S. (E)_ The duties OfCONTRACTOR or its Subcontractor "the-,,e,tpm-ttondt.'teiiiiiiidt.tdri,6.f-'this.DUAuntil all the. 'Confidential lhfor&ati6his: Destroyed. • .0t returned ioM49AsT 6.05 Wr6nift. Law, tVehue.and: itigation (Qltlii�ftahiffe A). 'TIO-validity; -sbd TP di' bf"s.Nj �A --jind-1h Ipg ' _ ginbtgv ' the'Pafties.to iliis-15UA will be.-gove maby and-c6ristmed-in accorOanqq-oAfli the hjw - of OW SU16 of tegbis. (B) ThePdrfi6g agree that ihe:conirts-ofTexas; %-Vill-be the exclusive venw for -any 'ftatio ,,s .poc@or,oc.e4og-or-6thet-P"-r-o-Cdddiii' :bOW oird" tha h p eA .:nay t.d,,bbopght g CIS_ [b� -oranse out.ofj oriinconnecE"th, or byxeaso'n' of 'this DUA, InJA TAWHO VEASbNOIP: Page. IT of 1-5 F nr 9 Pg. 5 Vol.E. (A) CONTRACTOR -adknowledges and' agrees. that H14S may 8df t irreparable Injury if CONTRACTOR 'or its' S: ubc-6xitraddr fails to comply, with any, of the terms of this :lJtJA with respect to the. _Confidential Information,ot-apro-Visi;.Dn.ok-'t4tfAAor. other la',Wg.br regulations ,a P1Plic4le to C6heideritial 1fiformation. applicable (B) CONTRACTOR feather agrees that -nf6 .. ot -da[m.ages m!1yheinadeqqate:to ' ' 1" '''_n d.Qtnp6hs*.H-HS for CONTRACTOWs or its Subcontractor's.faiture to comply. Accordingly, CONTRACTOR agrees that RHS Will. in -addi66 to afiy!other remedies available toitat law or in -equity, be entitled to. seek -injunctive re ' lief without posting a bond and ' without ihi * )ut the. necessity of demonstrating -�cWaWgfn4ges,. to 9nfbr!z6 the ter"m'sof this DU*A'. 6.07 Responsibility, TO the zkt6nt p-ertitted by the Texas Constitution, 'laws -and -rules, and without waiving 'any immunities or defenses available toC CONTRACTOR as a govern tmen.al.etitity, "CON.TkACTOR shall bp solely .tbspqnsiblc for its.' own. acts and orhisMohs,and the acts and omissions of .its - employees, directors, off cers,.Subcontractors anal agents. shall be,solety responsible .for its own.acts and 6mi.sslpns. 6.08 Insurance (A) A's d goverimental entity, and in accordance with ihe 1. - imits of the Texas Tort Ttxa ivil Practice 6 -Claims Act,.Chapter 101 offfi....,d;Remedies -Code, CONTRACTOR Either .maintains ..commercial .-insurance or sel&insures with i mi policy' li' ts "n an, Uftoont stifficientto-i,-ovprCONTRACTOVsliabili arisitig,.underthis.-.DUA.CONTRACTORvrilI liability request that FIHS be named as an -additional insured. IMSC -reserves .ihe tight to consider alternative inotdis f6r CONTRACTOR - to satisfy CONTRACTOR!s - financial responsibility -under this DUA, Nothing herein Aball relieve CONTRACTOR of its, financial obligations, set forth in tfiJOVA if CONTRACTOR fails to, maintain insurance: UONTRACT k. will.provide [IRgwith tivtitte.nptb.o.tthat re4pfre.d.in'surance .coverage; is in dfedt, at flie.,re.'qucsf-oFHHS. �08 Fees an,4:00.sts Except as .6thei-wise.-speciiied. in this DUA. or the Base - Contract, if any .legal action or other -proceeding, is brought, for the 0orcem0iWof this DUA, .or because of an alleg ed dispute, .contract violation, Event, 'Brea ;,.default, or injunctive action, in connection with any, of. the provisions !?t0ji$ bIjA,,, each party' bear own legal and the other cost:ineurred -in.tfiat-alc 6onor proceeding.. p 6.09 Entirety' the Contract this.sDUAisilicorporated .by -reference- into the Base Contract as, AD. wocnOMPAL tbeteto and, ogeilier withAp Base Contract, c0fistitut6s,:tIie efifitie 'Agreement.between the -parties., No dhange,-Nwaiver, or discharge ofobligotions arising under-thog "aOctiffents, Will bb va lid unless in. writiria:and,execute"' d b the party agiiii gt',�ihom such ch change;,. -waiver, or discharge, is sought'to be. TTHS- Data We Agfdftelit TAW!a VtRSION- (Local. Olty7aiik'ouhtyEhtitibs qc�,gzow -Page 14 of 15. FVol. lo pg. dhfbic6& If any p ov" ': n of -the. tio sinclud.ing,ahy'General 'Provisions or. Uniform Term and Coiiditiks., conflicts with1his D-UAj,,jhisJ)IjA. eOgtroj�.. 4.10 A*Wk AVOO'diiiient aid lht6oretitioii i hafige, in any law and/or Confidential oradniinistratiVe,.. n.erprp a _,qn of'qiiy 4orifie'effeFdive data of JA -11 be deemed -to such change, this DU . - sha ` - have beenhut y"=!dMe.d' h t ted: d read'so that t, h erpr.6 an he.obI jgqtjpns jt4po$04 On HHS and/or CONTRACTOR remain in compliance wftfi,sWh dhafikds. Any drribiguity iri thi's-DUA,will I tear of a ineaning;thatpermffsHFIS and CON- �-C76R HIPAA ;onanylpilfer'haw appb-q4ble to: Cat Gderitial Information. Ili HHS Dafa tlie.'A-greem-ent TAC c Eritities):icbeT23;:2U19. -,Q�qcajI.'Cjt . y and Vol. 30-0 9 - Pg. m A w� 99 Ud 6ir—'-10A prio-T tIN V VZ'qOIQMIid- jjew3 -.4 auoqoal,? :sseippv lRlzIw f6b'Alld *9. 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Type(s) of teas HHS Conf%dental Information the HIPAA UIS IR01 CNiS Pil Applicant/Bidder will,create;.receive, maintain, use, - LSSA disclose or have:atcess toc Check all that apply) .. Other (Please List) Hedlth (risuronce Portbiiilfty and scour tablfiiy Aci; (H1PAA), 0afd s 0,inAdiJustice lnformation.Services(CHS) ddta internal"ReveraueSeryice federpl TQxanformation.(fRSFTlJ data < Cehters fordtil4care'& Medicaid Services. (CMs) • SodAl Secur fy AdniinistCatian (SSA) a Personallyldentf foible Information (PI(J ' �r�•c"i'e ",s'�`�.rF.''.:.r.:.:,M xirtt'Caerof, or!a a DeivrcesAfQ�'e¢¢..,,x;as Hf S;.C�nfidentr� Inform io �s c�e�ed.rnt �X�} �� 3 . ' i�" .. �i '`"`� xhsc!w?`� s, 'n`..Sf',x sf%r'"�." "�'+',s„ . i... f F"s".Y3,.'.•sse i ��w-tc .. c�':;<'> �xR,WN, l . �� ,T` }} � �� '< �4a.lr,�}�' E fifi as: e�m Data Agreement {QUA}) r r � ,,. ��><L , a 4 - 'c"it" �",.","#y..-.Pia ^'� :h°. 4 i�3ix.Nknk 4EA^�-��i :�.3..��•j�"A:+. �..... 5<<h.ir ...i )z,4C ucServ�.ces'�rn�+uolve.usiletworof�re_.ax-:, te5enrers h€►sted ori'ihe Internet:#o'storZ<" �- �y Y +Yri:4 �`: `` - �_'. )) 3#. v4�'y;S^ G_`Y. f4..s�LbeeaYt<{.� n�.3xR:'i: ,y. han k`01er�ver _ .a�h4`4r: 2-f, ' k rne�ge and, rocess=. aka Ei atl�er a ar a personal Cam uter > ,r� , 4 4-1§.�+�+i�'' ,�]vi'•>e�..yS'�i{& Y • ..-. l.,:1�'Cs�1x.i C E A Data{gelatraiiz care os►ta ,tee h�yrahysica o u ual 4fort stora e `= C T P� r R4 ` i r� t i A Et i.""Yi"w 'u 'Y Ez" 4.r �k 'YxebS r+}; sF { 4L�5 lea 7t yy� p �rEk is Ya Lr`::. 5+.�#t :... t =: /a �3:'.•.{�, .-.: ;'• rx M;u.F}�. R, .1::,..":rn':irdL-� rrranager"�►� en rnd data anc�i for anon or�bJa ized aro�ir�t��i P 3„1111 ww�ssen'MaLtian'q �4@Y fix"-`!k `-•++-r f'oy°i K: S kn?3uJedg oPealn�ngtq:apartrcu{aX,bisthessr �s �Lx s� t$xn f r�� y 6."r.. �"-dir'e$"'�'s w' x _._.f�3Y/;'.....- 3Se 3,..<.,,•4nlllvH>.sa.E�:3-a"4-.1:_�,.s.<�-,.';'4>R n�'.1......x:va.,J.._...�u".:.i�:�?.....(.,�tv,z ,. 5a.t..:. .e.`<.;:.{>_c%t'4..i � it;."�',`�v.n.:i!k R.:zCeT .\ip.__�1.2.&.:i a.: Devices. Number of persorial user computers; devices'or-drives,'m' 'hiding mbbi).e :devices and.mobile drives. G b.Serve'rs. Number of Servers•that;are not"in a da:ta.cente"r or using -Cloud Services. xc. Cloud;Se.rvices.'Number.of'Cloud Services in use. d: Data.Centers. Number Of. Data Centers in uCse1: p S� } " V Y: .5 .h> K. "i �'S' r' ?., .3" "' nv S'd`.-..}Yikf .R� "+'. t= i'< S �4 VQ rtrber o C�nduAircat cirrid�vad3uais,far ittnmApplrcant%l3rdder real nail x 'acts to ��_.p llQ V1 L.%4 taMIA; S ♦ ':- TeY Select,0 lion r�3' uh�r►tlte exas£� SCon�rdeI�formatron� ring n.i:. .:..D.. ,a. 499 individuals orless �. a. "b: ;500 to<999"individuals- b; c. 1,000 to 99,999 individuals C. .0 100;000 rndividuals or more da *�..,��. �'.e�s,� y> X� hf 't �.��kT,,Scr. e� '^yt"i.6 ^.. :«5 Y'y ::1.'.��'2"'s i. Y 'hak.^' T£4 r a x. t. +.�',. L "� w<"% .. .. ...a`".�. F"(_'� . xbr.... i.`l ...#. .°YweYd � . u f7 x.,Y``&''it r S J t. 3 < �� ~, A. Will Applicant/flitlder.use; disclose,. create,. receive; transmit or maintain protected Yes health nformatign on .behaifi of a HIPAA=covered. `exas .HHS ,ag.en " :for. a .HIPAA-- � No covered:fun`ctton. . Does Applicant/Bidder•have a Privacy —:Notice prominently -dlsplayed-on a Webpage:of .a Yes Public Office ;of:Applicz t eidd.er',5 busiiiess open to or that` serves the'puhljc?. (this is a No HIPAA requirement, Answer' "N/A" if not applicable; Such as for agencies .riot covered N/A by HIPAA.) Action Plan f6r:Comoliance with`a Tirnelinec Comdliance Date:: rfiSu dtrci<lr. Ifthe A iinY/8�id"doer res ohded �'Q'°ytoCcis l0 4 (IlekN �//..� .:��§'; �4✓�.4. des � �v �...esy�,e. �W r'v }� �•ha��Y v{q��.� .yam.; .,"P } sit ' ok�tractors} .:ch ck N - --: both a ,an f� , T� F r s g k��}i#'}:x +2'f„,sr>:.rt..3i'i.�S.+?#a..>bv'•Y'+s.Y.?'aezxfi'w.ri `+iara'�rnl�it'5n 9i4.3.S{1aF4t`.e ,.#d'P:�..�s2?XSI, M -F '',TJ'. ..l. JY T :J.<4yc�X>'-`i.: .._ ._.. _ :_.�_. .: h�Fii✓:, .. .. w:.. .<..aAr. ��.. .L�-.>. ,Y M�f�"�.�^: +?. ..0 rr;S-�..`z.,:A�.l. a . 00"es Applicant/Bidder require subcontractors to execute. the D.UA:Attachment 1 Q Yes subcontractor ;Agreemerit F rrri7 No I. N/A Action Plan for C-6g$liane6.'With a Timeline: °Corrioliance Date:.. SP] Version°2A- (0612018) 'T)(as',HHS SVAem = qai a.Use Agreement.., Attachmen 2: 13age-g�} SEQURIY•ANOARII/ACY1NQl1IRYWO va .� . pg. T;r t}i5 5-tw SxTe f r s;y.z f#R Sj -� ys7k Sr.�, � Will Applicantj6)dder agree 3o rewire sub'eontr'actors inrho '.will access Confiidential j Yes lnfo'rmatian to comply with the 'terms. of the DUA, 'not diclo$e anyohfideritial O No IlnforropOp l to..them pritll they:have:agreed in wei'ting;to. the sarne.safeguards and ,to N AIg.cbhtiriue thbir access to .the :Confidential Informat'idh' if they fai.l.'to comply (W jA Artinn.Plan fnr -mmnlianea with a.Timalina•' i h., Does AppiicahtjBidd& have any. Optiahal Insurance currently in place? Optional Inurar7C2 p(ovides coVsra�e for (1) .f�eiwork Security and Privacy; (2) Data Breach, (3) cyber° Liability (lost data,•los't use or. tleiay/suspension'in busiriess;:dehial of ervice with a ,business, the Internet, 0 •fVo networksa{ldiiormatiorialassts,suchasprivacy,'inteliecfual.property,:virustransmission,extorton, NfA sabotage or•web.activitfeg)� ( )'Electronic Media Liab{lity;'(5} Cr Mgftheft; (6) Advertisiri; ,{njuryand personal: .,Injury L{ability;;arj¢ (7):Cri is Mariager:�etit'and Nptfficatfon txpense.Coverage. Vol. 3 - Pg. 7_ Texas. H 4 5 SPl'Versiori 2:1. 064.0 ystem = Dafa;:Use Agreement - �lftachmenf 2: � ). � ;Rage:3 gf:18 SEGURITYAiVD'PftIVACY:iIVOU1Ftl ;(5PI) � � t #� y5�1 2{ jl�r t ' t J i PRIVACY RISK i i IS AND ASS[-SSMENT• • •b i • • C 7n';s ' .° .sir �i'irt.4 tndn . ,. '�; rea'' Y4;$,F` 'Is'...'xRSE d'"... FW "'�.'., d -t t^ ::. .' F• II 'f .a Mtn d1.al,'s. v�x' +•$ `` .. o aS'." t'YY'.T'��1} 3Gai n�±9 est!a s ansv ere vain;} ct A, i:f timl a„TttJ �(ine (� c+u ,i y� o: �,r C Rancce1fi : mq�te�d.� f. � 3s!s`3"'3 �' J+`'x �S'TN� 4� i.7A D'i= Y. .I ,�... r i''?Y'�••'• I _ $+' �. ;� gate ire l�e(oviifit a prrriestion a ime ne f r�, g�itlpiia ce :wjth (tPAA„ a fied' �`egi�i Te ' eb"ts t ;.. a' s,:... . '"':•'•` ''`�'` u:}„a.• '3.5 s , s - 8+4s Y.�i% i ";:. z r� �iQ " ; ,` �".'.'i safegiaa!nl Profiect+tl > h (formCs0 calendar da s frorith d teg�t>7ii. it saignet�w ��d� `�' ��:Fc -` 3v;?r ir.daJ.*". c�• a y�t��s;[Jr .n, 1,.::^ � �` X` }. .,�. ,�'� ''` +�,. s .fS' �.��. r � fL{ if.">"h' i :� A?W' .•Y £'�� !I! i� i� 5' �'��`' hTii ix ..L�:fit� ":+k � ',c n tmpl�ranc withr req item tseatedt+p Q he�,w'pes,aCot�fi erltilalytr(orrt�tiorstbe,�cont�rned ti,: m,..... rYY�b3£»^a„Y „�'.R' -• Writte ,a relies `zP.,r`cice s: D yes= . �. 'lie a' ' ' Brfd r pd�^t.r ...� a . ._ TM ApPnfn/ dei3,a e�ct7rrer�wr`i en privac. a�€es . r h� s1 9 l.•' y Y. x 2s I -"lti4X3"`�.' s. or Nay t 1... ,. y1.1: ? �.. .i ..,,.... .tt1Y! j� S%�!?'Ya "h{! •'� i�raS"y i esandxpro�].ueshat�at lrtinlm{tt.�l t" ' i}�II�r�(1� r r3 r1'S..�b-,. t; 'C ..7drx R." FniC all :' 44hy'vkli'F �1MC Yv i.:I1'S4,.ati{dd"1..�.w_'. �FaS <. ++ha';', E_-.''i'�•}?'..:.... � .La.....§�; i?r �'-`t.Y ':a'-^'_.,s5v Y.1: a�ki^' a. Does Appiicarit/Bidder. have current wr'ttern.'privacjr:and secdrity'policies and } Yes ,proced.ures that identify Authorized` Users and Authorized Purp'gse5'(as defined in the DUAj relatingto creation, receipt, maintenance, 'use, disclosure, access or transmission N& of TdRts.HHS.Coflfidential Information? Action' Plan for: Comoliance with'a Timeline:: Compliance Date• b. •Does.Appl caWBidder.have current written, privacy and security:pol'icies.and_ dyes procedures --that require:AppIicant/B'i'dder and its'GVorkforce..to'corriply with the applicable provisions Pf HIP..AA and other laws referenced in the i7UA, relating 0 No to creation, receipt, maintenance.. use; diisclosure, access•ortran5.tn'ission.of Texas HHS Confidential ;Information on behalf:of a Tetras HHS•'agericy?. Action Pig n:f6r'Cornt36nce=w1th a Timeline: Compilance`Date- c: Does•App,ticant/Bidderhave current written privacy -and security policies and procedures @Yes that l'imit,yse or disclosure of Texas.HHS Confidential information :to the minimum _thatis necessa f 'to fulfill the:Authorized Purposes?- � �o Action Pian.for Compliance whh,a Timeline: Compliance. Date:: d. Does Applicant/Bidder (iaVe cu'rrerit• written privacy and security policie's and. procedures 0Yes that respond to an'actual or-suspectied' breach of Togas HHS Confidential. information,:to include_at a minidiurri.{if ar y responses''ate'"No."•check."No" for alll;threej: lJ0 +: Imrned.i.ate breach riatification to the Texas HHS agency; regulatory autlioriti:es;,and other required Ind ividualssor Authorialties, in cdtdance with At i:cle 4 of the DUA;: ii. Following a docurriented:bteach-response plan', In..accordance kiththe DUA and applicable --law &' 115. Notifying Individuals,and'Reporting Authorities whose1exas.HHS Confidential Information has been..-breached,'dtAleeeted by t-46:Texas NHS'agency? Vol. Pg SPI Version 2.1 (06/2018) TexSs HH$.5ystein:- Data Use Agreerrient -'Attachment 2: Page d ofi T8 $ECURITPAND PRIVACY INQUIRY,(SPij q yg —I- Tuo q, t6i; P a.' ;AiN&i',I AdlanOlihlonCompliance IA4 a Tfmelln e:" MM"AlanceM 0, Dioes':Appjidaht/Bldder have current Written peivacy,6hd.securit olic-4 .,y.p , ies and -prpced-Pr s: Yes -that conduct, annual workforce training aril monitoring for a '� correction .0 e .0ndf-ah t0h aining delirig-LieldcleV lVo AdIon"PlainfortomoUnce with affnie1ine, Compliance Date fi.. Does :Applicant/Bidder .h twritten privacyand tpcQrityp .icies and.* . -perm- -it .1400640tes.thk or d'eny Individual rjghts:of.access, and, amendment .@Yes or corri5cti-bri, when agppp ...466h Plan far Compliance -with g-'timellne:. :Compliance Date: Qoes.App lic"ani/Bidde*r'ha.vo-cutrent,written privacy,and seaurity,poli,cies'and Owes. 'r ' ' Yes" that t-o Authod d permit mi only _�e.. Vsert-witkup=to-444 p-rijvacyan d secur iWlthalnin With-ateasbrijbie and dern6risti-We..nee'd to use, discl6se, create,-.reteiv frigin e, _tai.n, -access or -transmit the'lTeX50 H)4$ Cbn1fidAr Vdj Infofmatio .to carry 01 out.an.oblig"Ption under the�D'.UA'f,6t ah Auihorlied, Purposei, u.nlessI*0bp*sepr4?vein ! d noF bV.a 4p ... Ie xasHHS-;8gencO ,Actidn-!`Iaii L&CbMOance'W fh.a;,rgi4k`6: Coro6Iiaihde.bdtei, t)Bidd,.ee ve'6ulrr" ni-`"�I&n privac and sec6rit . p 1161gsand"Proce Does A00,11pari e w y ..y . q.. 40 res Yes that establish; l.rnplemqrftand maintain proof of appropriate.sancfiioris agalnst any -Wofkfoeteof, Subcontractors tVi ho fail to comply with 6nAuthprizqO Purpdse.,orv�ihojs 0 No not an,Atiffioetzed User, po use 0..or:distl Osed Tokat-HHS C66fidebtial Iriforniaition in vJ0la.0dnbf`t'he DUA, th..Basd, Cciritrad-or aP.0c-a*:.jaj4? Action Plan Mi• 1bbni6Mng .kith C . bmpfiariC6 .. Date: is Qoe's-Applitant/gldder haveturrept.-wAtteo P.My.acy-and se'gUr-itV)Idkjb§.and - Yes Yes proced UrOs c�a& 's,6nd:pja.' ..,follow" 'thai.require.Upd4tes to po lcjes�..pro e Ing major changes changes with use lordisc,66re ofTexas H Ith! 6 T� .HS e0tial InforM,4tion h 0 days :of identification of 4-hd6dfd'rUOdate? a Titnefine. Cotnpllafic6 Dater ,V-,01. pg. texa'HSSsn�,a'USeA r rbtht-_ d)Meh.SPI Mgitbh 2.1 (.06/2018.) Page s,EdUR&AND ,PRIVACY IN I py (SPI). ..e,:tiu e'w '^2 3- - '� L r�4 s ay �w� s,. .7 ; �S"h`, - _.r,a z S '!s' y 't `W+ a;:24' x5 '*•,� sSa.a^ .r•s xY. ... j Does Applicant/Bidder'h; ve: current written,privacy'and.seeurity.polieies and ;� Yes . procedures that restrict permissions or attempts to re -identify ar;further.ident fy No de -identified, Texas HHS Gohfidential IhfornW.on;,-or attempt -to contact any In..dividuals, whose:,records are corit4fne'd, in the,TexatHHS Confidential Infortriati4n, except:#oran. Authorized.purpose,: wit hbUr.- Xpress written authorization from a; Texas HHS,°agency or as -expressly permitted by the Base C,*Mt'ratt? .Acilon'Plan.f&6rpIiance with a Timeline: Compliance Date: k. if Applicant/bidder intends-'to:use, dis..closb;;,create, maintain, store ortransmit X,exas HHS' ®Yes Confidential' Information -outside of th.'e' United StateSl ',Will Applicant/Bidder obtalhWe O N° express prior written permission feom`the Texas HHS`agency and :pn hply with the Texas . HHS:agency conditions:for,safeguardirtg4offsh'oreTekas HHS Confidential Information? Action Plan for Compliance'uyith a Timeline: "' Compliance DaEe l; 6P .. Applicant/Bidder ha. e'currerit-written privacyand security,policies and procedures ® Yes.' that require cooperation with Texas yHS,agen 16e ;or federal regulatory ibspections, No audits or investigations related to dQfhpliance with,•the DUA or�ap,plicable law? :Action Plan -for 6mpliancewith a Timeline::. ..... Compliance Date: m.. Does ApplicantJBidder have current wr..itten_pr vacy.-and"security policies and Yes procedures that require appropriate. standards a.rid methods ao destroy..or dispase7 of No Texas HHS`CanfidenVal InformationI .Action Plan'foh;Compliance with a Timellne: Compliance Date: n. Does;,Appl.fIOn f/Bidder Have current written privacy and security policies"a.r1d procedures Yes :that prohibit disclosure;•iaf Applicant%6jdde "s' work product done on behalf of Texas HHS NO pursuant,ta fh'6 DUA, or=to publish Texas HHS: Confidential Information without dXpress prior. approval of the TeXa HHS•al;ency? '"' "" ' 'Actiori'RIai1 fbr•Comdliance Wft a Timeline: .1 Compliance Dater 2:::Does Applicanf/Bidder have. a current. Workforce; training: program?' Yes Tpaining,of Workfpr ce must oecur.at least once everyyear,, and within 30'days of date of hiring a new Confidential.informa'tion. No Workforce iriemb# wfiQ will h'anOle Texas,;HHS Training must include fit) prjvacy aril securit}rpollcies,:procedures; plans anrd applicable.rgvireinents for;:handling Texas H.HS onfideritial ::. . ,. lr rmatian, (t) a.�.equi errient to complete training b fore: access is given to Texas HH.S.Confidential (nformafion, and (3).Written proof.:of, 2ra'ining and a;p.rocedure formortitoring fimely completion of training., Vol. d' 7P9. —-- SPl 1(ersion 2.1. (06/2018) TexasHN5 System - ata. Use Agreement - Atta Hilt . nt 2: SECURil AN6.0AiVACY INQUIRY;(SPi) Page 6 of 18 -Action Man for Compliance iAr;it h* b, Timeline: .Compliance Date:� 3. Does Appjlkiatit/gidder haV6 Privacy Safegmbtftto, Pr6tdct Texas HHS'.Confiidential eYes lnformatioi� in oral, Pai r iqt(o�kfdrM.? pqr.ano/o electronic ONO "privacy. Saf6guards"" means protection of Texas HHs Confidential i4fiotmation by establishing,M 1 plqfiipfiting- and maintaining requited Administ.WN0, PhysicA iin# TkhfilcAl pollcies,-procedures processes and controls, rNuired by t.6 DU& HlPAA.(4StFk164.t36)j Social Security, doinistraitiooi.Me4itaid',4riq laws,.r`ules or regulations, as applicable. AdMlni;4fjtivega1`e&.4fds.l00qde adrMnistprotections,ive proions, policies:and . ptacbdqresfoffftib.tt6rs such as -training, provisionof . access,,termination, and review Jew of safeguards, ificiddfit .management, disaster recovery jq(ki%. and contract prqyisionis. Technical safeguardsinclude technical pirotectFqhs, policies and procedures; such as pp5swords, logdin&,.ernergencies;:howpaor is faxed or mailed, and electronic protections such as -encryption bf data. PIj9,Mcb1 safei(tards include physical protections, Policles; andprbtXdure , such as lbdks, keys; physical -access,. physical storage and trash. Action' Plan for Compliance %Wfh'a Timeline: Compliance DkeW 4-i Does App B 11,,i��ht�'ijdor.bnd'a'fl'.s'ubcontratt6r-t (if applicable) maint6in.amrrent"list Of Yes Authorized Us e*rs who have :access to TeXas- H-HS.Cobfidential I rifoftbatiory,-whether oral, -ONO written Of 0l0tro6ic.?- AcICion'Pla6far Compliance iwlth'a-Timeline: ' CornplianceaDat . e: S. Does Applicant/Bidder and aill'subcontractdr,$(if apoo6W monitor for and're 'o' m ve Y15S terminated employees 6'r-thbse no lotig'er*authorited.to'ha.ndle-Texps'HHS ONO ,Confidential Information from the fiSt6f.Adthdrizikd Usdfs7. ,-Action Planidr C66pliance.with a Timeline:. 'Ceirnpligincd DaW VO4. Pg. SPI Wrgiofi 2.1(0612018) TexasW.H_ S.5y$tqtn - Pittq-940 AKqetpeht—A0achment`-2: Pagd-7-018.. `SECURITYA.ND(.PRIVACY-INQUIRY..(Spl) S.EMON C': SECURITY RISK ANALYSIS AND ASSESSMENT (to be comploted by Applicant/Bidder) . _1t t-! 9 D t !Fy Tg A& que WO A Peqjn t ea a stion'— -;--�n NO - edjfU9Qg c a r,. glen, 1. Apes thp..App. ficant./Bidde'rensdre- that services which access, create, disclose, receive, eYes. tr.ansftVt e.n5lOtdih,. or store T6xds H HS. Confide ntia 1. Inform atfon.aremaln'ta ined IN the . 0 No United States (no offshoring),Unldss ALL-0if-the following -requirements are met? a. The data is encrypted With FIPS 1-407-2 validated encryption b. The*.Offsho(e Ordy'i.d6('dQes not havle.access.ko the encryption keys di The.Ap Olkzini/Blcldermaintains'fhd en6hypti6h key withinthe'United States d1i 'The ApplicatiOn/Bidder has obtained the express prior written permission of the Texas' HHS agendy Far in.are inform!Rtlan regarding FIP5 14d-2 * encryptibn products, please,refer to., t tp.zzcsrc. g*Ly ub lica do nsffips, Actiofi'Plari f6r.ComP1bncO_ Wfth;d Timeline: Compliance Date:: 2. Does Aoplicant/Bidder-utilize an IT'sec'ut'i't:yr'kppWledgO,4l le person or cqrhpa , hy to:,rriaintain Yes proversee the configurations of Applicant/Bidder's computing systems and devices? No Action Plan for Compliance wiffi-a"Pimetine- 0=01 . iance Date . 3. Does Applica nOidder monitor -and manage :access to Texas HHS Confidential 'Information 4bYes aJormal process exists for grantinge I access and validating the need for userslo access .(e.g., ce Texas HHt'Cbhfidentialthfotffatio*n,,anda,t' si�lliTilted..toAuthorized'Users)? ONo Aceian'Plan for Compliance V;fth, aiTimellnij: Compliance Date: 4. Poes APPHOWBidder a) have a -system. f6k ;changln& default passwords; b) requite user Yes password -changes at least, every .96 -Cale.Ocldr days,, 6hcl c) prohibit. the cfeation of -weak ' ONo Obssw6rd9Ae.. require a Minimum of8, characters with a corn 1 on ofugpeecate, 44hail .9 . , Lowercase, 'special characters, nurii&als, where possible) fdr -all computer systems that access de'ttore. Texas HHS Confl&:ritial Information. .',If yes, 00oh"re AtieA must Or6VIldeevidencesuch .as' af. screen shot:,or.,g;,tVstefn report. Action Plan forCoftlidnce with a-rime.Ifne: Compliance Date: Vol. Pg. 75 'N'Version 2.1. S Tgxas'HHSSystem -CiataQseAgrpement' achment2d SEC.UR)TYANO-PRIVACY INQUIgy(SPI) Pbge 8 df 18 S. Does each member of Appli'cAht/Bidder's;Workforc-e..W'hb will use, -disclose, create, x ei-cieilve, Yes transmit *or maintain Tidktit-.'HH� Confidential lhf&riIatlon have �,a ifniclye user name . 1. . " I ; .' . . No (account) .(�ctount)'and private password? Action Plan.for Compliance with a timeline: Compliance, Date, 6..Does Applicant/Bidder lo& thevassword -*.after a' certain number of failed attern' 4 An pt, - Yes .pfter 15 miiWtesof user it(;�4h�" in all tomp.Uting devices that access or-store'Texas: . ONo .H HS Confidential Informatioril Action Plan for Compliance-iAt6 a Timdine: CohWiance'Dati: . 7, Dc'es.Applicant/8i,dder securie,'manage avid eh.dVot remote access (MC41 . ding wirel u wireless Yet access) to campQter sVstems,.c*Onta'ining'Texas H14S Confidential-Informaticin? W.g., a formal No process process eAstsfor granting access -and validating the need for..usefsto remotely access Texas HHS.*Confidd6trial'infotma'iioh,.bnd remote access is limited t.oAuthorized Users).. Encryption krequired for dlIT&dsHHS•Cdof4dehtial-inforrhation. AdditlbhqflyFIP5240-2validated eaWp.t6 )s.reqtjired forfldolth insurance Portability and-Acca'untabilAyA& tiliPAdata, Crirrifnoilustice Iriforrna serviees,(VIS) data;. Internal RevenO 501ce Fkdeidl Tax'j#fqfrh0ttqp (19FTI) 4oiq, and Opt Services (CMS) data. -,gtsfbrA4edicare&Ajed(caId Fdr More info?indtlon fegoiding FIPS �494 encryption products,, please refer to: h6jolRsrcnlst.nov ublicationsl#ps - Action Plan far C&niollAncd vAt*fia Timeline: C&fipllake Date; 8,.aoesApplicant/bidder impfoi entcompUt(rttcLrit ton uMtions'Qrsettings for.411 @'Yes tdmput&$ and systems that access or store. Texas, H HS Confidential Information? Nd (e.g., non-esseriti[il feature a or -services h yg-be�en rerOved or disabled -to reduce the threat -of breach and to limit exploitation opportunities for -hackers, or intruders, etc.). in . Action Plah f&-.CdmpIiance'with aMrriefine: Compliance Date: 9-pass Ap0jit-aht/Bidder secu s 0. physical access to-computer,paper? orptsystems containing Texas, , HHS-ConfidehtiaJI Information, f . �om unauthorized 00sqilndl and theft 'Ioel4s;laptops 0 No Ooor.locks, cable aN'stpeed -in the -trunk of the -car instead of the Pbssefng0r.ardqj etc.)? Action Plan for Compliante, With a: Timeline: Conipliance-DAte Vol. Pg- 7 6 SPI Version 2.1 (0 612.018) Texat.HHS'Sygern - D.afa Aie Agreement -- Attachment 1� Page'9 pfl& SECURT17YAND ?R.I.VAqyjNQQjRyr (t , pi) 10..Does ApplicantJBidder use encryption, products to protect Texas HHS, Confidential f Yes Information .that is tronsmlffed over a public'network (e;g., the Internet; WiFi, etc.j? 0 No if yes, upon roquest must provide evidence such as a screen shot or a system report. Encryption, Is required for all HHS Confidential lnformdtlan.' Additionally,-FIP8140-2 validated encryption is requleed for H61th Ins&ionce Portability and AccountdbilityAct (HIPAA) data, Crlminal Justice lriformadon Services (015) data, Internal Revenue Service F,ederoi Tax lnfarmddon.(IRS F77) data, dhd Ceriteri for Medicare & -Medicaid 5Qri ces (CMS) data; Fofmo�e Inform atlon regarding FIPS 440-2 encryption products, please refer to: hfto:%/csrc. nlst nov/p ublica tions&s Action Plan'for Co'moliance with a Timeline:, Compliance Date:: 11. Does Applicant/Bidder use encryption products to protect Texas HHt Confidential Yes Information stored on end. iisbeclevices (e.g.,,. laptops',. external hard ®No drives, -desktops, etc°.)? If- yes, upon request must;provide evidence such as a'.screen shot 'or a system repose.. Encryption ls.required for all Texas HHS'EonfideArlallnfoematiori. Additionally,'FIPS 140-2 vblidated encryption is required , for Heolth lnsurance Portabilityand Accountability' Act'(HIPAA) data, CominoiJustice lnformotianServicds (PIS) data, Internal R6,eiibe'Seivice Federal TaxTnfoemation (IRSM) data, and centers for.Medicare.&:•Medicaid Services (CMS).dato. foimoie•inforthatlon regarding FlPS;146-,2 encryption praducts,?pleose refer to' hup:%/csranist.aavtaublicadons%t7as' Actioh'Plan for Cbftllance with a Timeline: Compliance Date: 12. Does.Appiicant/Bidder require -Workforce members to formally acknowledge rules outlining ®Yes their responsibilities.for prdtecting:Texas, HHS Confidential Information and associated No :systems containing HHS Corifidential' Information before their access.is provided? Action Plan for-Compliance-with.a Timeline: Compliance Date! I3M'l 'Applicant/Qtdder Wi Iling to,perfiorm or submit do a 'criminal background .check on Yes' Authorized Users? No Action Plan'W Compliance wiih,a-Timeline:, Compliance Date: 14.. Does Applicant/Bidder prohibit the access, creation, disclosure, reception, transrn.isslon,i} Yes ,maintenance, and storage,of?exas HHS Cdnfidential.lnformation:with a subcontractor ONO (e.g., cloud services, social media,. etc.) unless Texas HHS has approyed.the subcontractor agreement'wh ch must'' include,'compli4:n'ce and liability clauses wlth the same :requirOhients at the Applicaint/Bidder? Action Plan forcom liance with aTimeline: CotnPHance'Date:, SPI Version 2.1..(06(�018} Texas; HHS;Systein - Data Use Agreement SECURITY AND PRIVACY INQUIR04 P%ague to of`18 —Ta-�= 9•-°— IS. Does-A'pplic8nt/B.idder,kL-Op:turrent Qhsedurity updates/patches (including -firmware, Yles softWare,9nd applicationi)-for comgutilng sygems that Use disclose, access, -create, ftahsmit,maint.ain orst6t6-Te,xa.s.HHSConfideritiaI information? Action Plan for Complianceivith a Thellne:. Compliance Date: 16. Do ApplidariyBidder's com *611 lg,systp'niitkat�, u�e, disclose; e " p M closej';�cces create; transmit,maintain Yes or store Texas HHS. Cbrifidential Information contain :up-to-date anti-' 0 No rn-alwai-6 anda'ntivIrLisprotection' � Action'Plan-for t6mpl ancevth a timeline: Compliance dais:.17. Does the Appikant/Biddef review syAem security logs on:computingsystems that access ; Yes, ior*store Tex8s,14HS Contidept"61 Ifformation fdr:616horrrial.attivity or -security concerns on No 6 regular basis? Action . Plan for Comp-I1'ar-fce.With:a Timeline, Compliance Date- 118. Notwithstanding ttanOlng records retention requirements, - -d'oes Applicant/Bidder's disposal pot ' al Yes prqcesseslof Texas HHS-Qqofid6�ffti�al Inf4fthation ensure that Texas'HHS .Confidential Information is'destroyed so that it is unreadable or 0 hdecipherable? ONO Action Plari-for .Compliance .%4tth:atimeline: 'CdrhDIi2rjce Me: 19. l7oes the Applicant/Bidder dri d re -that all.'-001ic facing- w'ebsitias and mobile applications * containin Ti�xa S HH Confidential Information Meet security testing Yes standards set forth within, the Texas Government Code. (Tr -.?C-), Section: 2 54 516; -0 No including requirements for Imp'l6mentin'g vulnerability an&penetrafjon testing @n-d . addressing i'd*,knlifigo-.Vul'ndr6b!.Iiti"es . ? . ?*rqj4A.o6-rggardI4g T&,:Section:2054.5i6 DAM SECUR)TYPLAN-FOR ONLINE AN6MOSILE 8812017 Action Plan forr"Gompliance.with b Timeline: Compliance ELatd.-. Texas-HRS,tystem-- Data -Use Agreement:- Attachment Page 1.1, -18 'E(UR 6PR'1VACYJNqQ.'1k.V',- PPI).S. 1'(Y,'AN Vol. --a 9D Pg. J. 9Xy SECTION D: SIGNATURE AND SUBMISSION (to be completed by Applicant/Bidder) -1LJ'Ci2ttifV'th4t,al1 of the information provided in. this form,lstruthf6l and correct tothe best of my Xhowigog 1 0 . if I'leorn-th-it,any'suO information was.not Orrdet, 11,agied'to notify Texas HHS of thistimmiddlotelly, 2.S"naJaire Title Date. 19 vz� Tq$u'bm1.t the completed, signedform: Email the form -as an attaihmen . tto the. appropOke'Texas HH,S Cdhtract Kgnbgeds). 'Section E- To Be Completed by Texas HHS Agency Staff: Agericy(s): Re uestih `DePariffierit(s): DFP�: DSHS.. Legal 'Entity .Ta-xll.,dentiffca.ti6t.i,Nurin* q..(TIN)(l;p#-four C1n.ly): F.Q/Contracf(s):#,: Contract Manager; Contract Manager EmaifAddress: Contract Mah`dgd'rTdIbp Kohe Contract Managert Conirac,t Mariag6f Email Addrdss: Contract anager Telephone #: Co6tract Manager: C6ntrq#.Mar16gef Email Address.- 1;ojnfri30 Mahager T-elepho:ne 4: Contract Manager, Contract Ma'dig6r`Enr all Address: Contract Manager Telephone M Cbfitr4ct Manager, cohtr act Manager Email Addfets',' Cd.ntrkt'.M.6hdgdr Telephone.#: CoW4,ct Manager. Contract Manager Email Address; ConttA;t Manager Telep4oni? #; Contract Mahaker. ContradManager Email Address: Cc,ntraa,Manq&r-Tele0hqije do6teact Manager: Contract Email Address: - - — - ------ Cbntract Manager Tdqphqne#: Vol. Pg. 79 SPI'Version 2,11 -Page 12-of 1.4 0�,20 18) Texas.,H,"� SyAqrp - POtd " U*e.Agrbdme.r),t 4ttachment-1, SECURITY ANO PRNAdY INQUIRY ($PI) _�._�.� y.•1) e-e,.s may... Y yl. : _�•.2:.r' hC.a�r-,...�.. ^.fti,,,�.L'7, i,l tyl1,G:+.4,r .-•ta,;, INSTRUCTIONS FOR COMPLETING THE SECURITY'ANI) PRIVACY INQUIRY (SPI) Below are. instructlon's for Applicants, Bidders and Coniroetors for Texas Heolih and Human Services- requiring the Attachment Z. Security and Privacy' Inquiry (SPI) io the Data Use Agreement (WA). Insfrue_iron item numbers below correspond to sections on the SPI form. tf.you a're a bidder#or.-a new procittementjcontract, in or&r-k participate in:the 61ciding process; you musttiave'cotrected any "Na" responses (except Aga) prior to the -.contract award date. If you arecan applicant for an open enrollment, you must have corrected, -any "No" answers (except Ma -and A11) prior to performing any work on behalf of any Texas HHS agency, For any questions answered "No" .(except:A9a and A11), an Action. Plan for. Compliance with a 77meline,must. be docdmented in -the designated area below the question: The timelinefor cbMpiiance with HIPAA-related.requirements•forsafeguarding Protected He_ Iih, information is 30 calendar days from the date this form is signed. Compliance with requirements',related.to otMe types of Confidential IrifbOna.lon must be co_. firmed_ within 90 calendar days from .the date the form is signed. SECTION A. APPLiCAIVI'IMODER iNFORMATION Item 1#L Only contractors that access,, transmit, store, and/ormaintain Texas NHS Confrderjtidl information will carnplete and email this form -as on attachment -to the appropriate Texas HHS Contract Mahq'ger Item #2. Entity orApplicant/Bidder LegalName, Provide the,legal name of the -business (the name used far legal purposes, likefiling a federal or state taxform on behalf ofthebusiness, and is not trade:orassumed Warned "dba"), the legal tax }dent fcation numbl;r,(last four;numbers:only) of the entity or, applicant/bidder; fhe.address of ffie corporate orma}n:bronch of the business, the (61ephone number where the•bus}ness can be contacted regarding questions relgted:to the information on this form grid the website of the business,. }f a website exists: }tern #i3.IVeimber of Employees, at alllocations, in Applicant/8}dder.'s workfarce.:Provide:the total ndr'iberof Moiyiduals, fncluding volunteers,.subtoniractors, trainee's; and other persons who work for the business. if you arethe only employee, please answer- ".1.•" item #4.-Number of Subcontractors. Provide the -total number of stibcontractors working for, the business. If you hove none, please answer "O"zero. Item #S. Numbhr of unduplicatetl individuals for t,vhom Applicant/Bidder rebsonably expects; to Handle HHS conf dentidt Information during one year, Select -the radio button -that corresponds with'the hghjoer of c'}ients%onsuiners for- whom. you expect to handle Texas HHS Gonfidentigi lnforritat}on during a year.. Only count-dients/consumers once, no matter how many direct services the client rece}ves.during o_rear.. item #5. Name of Information Technology Security.Offlcial and Name of Privacy Official forA&Mcant/Bidder. As with all other fields on -to SPI, this is d required field. This may be:the same person and the owner of .the business if such person has the sedurity and privd0 krioriiedgeYlidtis read}red 10 implement -the requirements of the b" Aand respond to questions related to theSPI,'In 4,A.. provide the name, address,.telephone number, and email'oddress of the person whom you have desfgRated to answer;ony security yuestionsfgund in Secr}on; C bnd.in 4.B. provide'this information for the'person whom you have designated as the person to answerany privacy questions fO#bd�ln Section B, The business may contract out forth}s expertise; however, designated individualCsImust have kndivled je; of ;the busiaess's.devices, systeirs and methods for use, dlsclosure, creation, receipt, . . e.of Ttras md be willingto be thepo}nt of contact forprivocy bndtransmiss}on-and maintenanfi security questions: item#6. Type(s) of HHS;Conf deotial')nformattot1 the-ehtitydrAppliearit/BidderWIlCreate,.7ieceive,.Maintain, Use, biscloseor Nave Access to: Provide a cornplete•!}sting-of all Texas. HHS.Confrdent}al Inform t}on that the Contrac%rwl/l create, receive,, mo}ntain, use, disclose or have accessfo. The DIJA section-*ticje:2, Definitions, defines Texas, HHS Confidential information -as: ""Confldeptialanformatign'um,eansany communication. orrecord (whether oral, Written; gleetronicallystored or -transmitted, orin.any otherform)'provided to.or made available to CONTRACTOR or that CONTRACTOR maycreate,, receive, main_taln, use, disclose of hove acces.$,fvon behalf of Texas HHSahat. consists of or includes any oral! of -the following': (3) Client information; 12) Prbteeted.Health Informaton in anyform including without Iirn00tion,11ectronic Protected'Nealth information or -Unsecured Protected Health Information; (3) Sensitive Personal Information :defined by Texas. Business and CommerceCode Eh. 521; SPI V40sion 2.1. (Q612018). Texas.HHS System -Data Use Agreement Attachment 2:-, SECURMAND ,P90MYINQUIRY' 3 9 Vol. _ e� pg. ��. (4) Federal Tax Informatioh; (5) Personally identifiable Information; (5) Social SecurityAdrninistrgtion Data, including, without limitation, Medicaid information; (7)A11 privileged work product; (8) All information designated as -confidential under the constitution and laws of the State of Texas pnd .of the United States, including the. Texas Health & Safety Code and the Texas Public Information Act, Texas Goverhm' eot Cpde,;Chapter 552. Definitions for the following types.of confidential information can be found the following sitesr • Health insurance Portability and Accountability Act (HIPAA) - httb://www.hhs.cmov/hioaa/index.htm! ® Criminal Justice Information Services (CIIS) - httpsi%/www.fbi.aov/services/tits/tits security=nolicv-resource-center • Internal Revenue Service 196derof Tax lnforrrrotlori (IRS-FTI) - httos://wwiv.irs.aovlpu6/irs-Adf/p1075.'pdf ® Centers forMedicare-& Me,•dicoid Services (CMS) - httpsalwww.cros:Qov%Reoulations=and-Guidonce/Rec tilations-and - Guidante.htrnl • Socla!Security.Administrgtigri (SSA)..- httias: %yww.ssa.gov/reau!at!ons1 • Personallyidentifable-information(Pll)-,htip://csrc.nist.povlpublicatio'ns nnistpubs/800-122%stZ8o0=122 adf Item #Z Number. ofStorage devices for Texas.H.HS „Confidential •information.. The total number of -devices is automatically colcuiated.by exitinglhe fields- in.Unes'a-= d::Use the <Tab> key when exiting the field to prompt -calculation,. if itdoesn't.otherwise"sum cgrrectly. • Item 7a. Devices. Provide the nuinb& 9f personal us& computers, devices, and drives (including mobile devices, loptiops,. USS.•drives;'and external drives) on which your business stores or will store Texas HHS Confidential information. • .Item 7b. Servers; Provide the- number of servers not housed in.a data center or "in the cloud, ":on which Texas HHS Confidential Information is stored or will be stored. A server is a-dedicate'd computer that provides data arservices.to other computers. lt::may provide services. or data to systems 6h a local drea.network (LAN) or: a .wide area network (WAiU) over.the •Internet° -If none, answer "O" (zero). Item,7c. Cloud Services, Provide the.number of cloud services to which Texas. HHS Confidential information is stored. Cloud Services involve using o network of remote servers hosted on the internet`.to store, rrranage, and process data, rather than on a Local server or a personal computer. If none; answer "0" (zero.) • Item 7d. Data. Cen ters. Provide the number of data centers 1n which you'store Texas HHS Confidential Information. A Data Center a c' trdlized repository, either physlcaforvirtual, forthe•stdrage,.monagement, and dissemi ation_of data and information organized around.a particularbody:of knowledge or pgrtaini.'ng toa pgrticular business. If none, answer "0" (zero).. Item #8. Number of unduplicated individuals for: whom the Applicant/Bidder reasonably expects to handle Texas HHS' Confidential Information during one year: Select the radio button that corresponds with the number of clients/consumers>for whom, you expect fo hgndle .Co..nfidentio-I..lnformation during o year. Only count clients/consumers once, no matter how many direct services the. client'receives during -a year: Iten).A. HIPAA Business -Associate Agreement. • Item-#9a. Answer "Yes" if your business will use, disclose, create, receive, trahsnjit, orstore information relating to a client/consuffidKt healthcare on behalf of the.Department of State Health. Services; the• pepartment•of Disability and Aging Services, or the',Healih and Human Services Commission for treatment, payment, or operation -of Medicaid or Medicaid clients. ifYour contract does not include HIPAA• covered: information, respond "no." if "no,"a compliance plan is hot required. • Item A*. Answer "Yes" if your business has.a notice of privacy practices -(a document that exploits how you�protect and rise-a-client/,consumer's healthcare. information) displayed.eitheron a website (if one exists for your business) or in your p.oce of business (if that location !s open .to clients%onsumers or the public). if your -contract does.not-include-HIPAA -covered information, respond "'N/A." Item #10. Subcontractors. if your business responded "0" to question 4 (number of sgbcontractors),.Answer "N/A" to-Items.100 and lob to lndicate.noi applicable. • item #10a. Answer "Yes" if your business requires that all subcontractors. sign Attachment 1 of ihe'DUA. • Item.#104: -Answer "Yes" if your business obtains Texas HHS approval before. permitting subcontraetors:to.handle -Texas HHS Confidential information on.yourbusiness's behalf. Item #11. Optional insurance. Answer "yes" if applicant has.optionol insurance in place to provide coverage for a Breach or any Texas HHS System-- Data Use Agteement., :Attachment 2: SPI Version 2.1 (0612018) •SECURITY AND PRIVACY INQUIRY (SPI) Page 14 of 18 Vol. 329pa, g � othersituations -listed irr'this question. !f you dre not•required•• tb havethis optional coverage, answer"'N/A"A compliance plan is not required • SECTION Bo PRIVACY RISK ANALYSIS AND ASSESSMENT Reasonable and appropriate. written Privacy antLSecurity policies and procedbres.are required, evenfor sole proprietors who -are the• only employee; to,detnohstrate how your,buslness willsafeguard Texas HHS Confidential Informationrand..respond in the event of•a Breach of..Texas NHS Confidential informatibri, To -'ensure that your business is pirepared,•all of the items below must be addressed in your written Privacy -and Security'policies and'peocedures.• Item 91. •Answer "Yes" if you have wtitten policies`m place for each of'the.areas. • Item #3a,.Answer "yes" if your business has written•policies and. procedutes,that Wentify everyone,. -including subcontractors,�wiio are-authotlzed to use.Texas'HH5,Corifidential Information, The pofides.and procedures should also identify the reason why -these Authorized Users need to access the:Texas HHS Confidential Information and this reason must align with :the Authorized Purpose described in the Scope of Work or description of .services in the ease Contract with the Texas HHS agency. Item #1b. Answer "Yes" if your business has -written policies and procedures that requlre your employees (including yourself), your volunteers{ your trainees, and any other persons -whose work you direct, to comply with the requirements AA, of HIPif!applicable, and other conftdentialitylaws a$ they.relate to your handling of Texas HHS Conflde..ntia{ Information. Ref er."to the lams and rules that apply, including those referenced in the DOA antl Scope of Work .or description of services•'in the Base Contract. • Item 41c. Answer "Yes"',if your business has written• policies and procedures that limit the. Texas HHS.Confidential Jnforjnatipn 'ynu -disclose to:the minimum necessary for your workforce and ;sub.contractors '(if applicable) to perform the obligations' described'in the Scope of Work or service description in the Bd'se-Contract. (e.g., if. a client/consumer's Social Security Number is not regbired,for•a,workforce melnberao.perform the obligations.described in the Scope of Work or .service description in the Base:'Contract, then -the Social Security Numberwill not be.given to them.) If you,.are the only employee for your business,policies and procedure's must hot included request for; or use of; Texas HHS Confidential' Information that'is not required far performance -of the services. • Item #1d. Answer "Yes" if Vour'business has written policies and procedures that eXplain how your business would respond -to an actual or suspected breach :of Texas'HHS Confidential Information. The written policies and proceduresv ,at a minimum; must include the. ihree items below, 0--any response to the -three items below are no, answer "no." 0 Item #1di. Answer• "Yes" -if your,6dsiness has writtehp licies and, procedures that. -require your business to itnrriedfately notify-T61. s HHS, the Texas':HHS Agency, -regulatory authoeities,,or other required Indivtouals or Authorities'of a Breach;as described in Article 4,•-Section 4.of the DOA. Refer to. Article 4, Section 4.01. Initi'al'Notice of Breach.must be provided in accordance with.7exas HHSond DUA requirements. with..as much, information as possible about the Event/Breach and•o �nome and contact•who will serve as thesingle point of contact with HHS both -.on and off business hours. Time frames.:related to Initial Notice include: • within -.one hour of Discovery of an Event or Breach of Federol TaXanformdtion, Social Security Administration Do to, ormedicafd Client-!Ofoririadon • within 24 hours o-all'other types of TeXas•NHS Confidential Information 48-hourforrhal Notice must he provided no later thdn 48 hours after Discovery for prgtected'health•information, sensitive persona!'inforrnation or other non=public information and must incl ude!applicdble information ts.referenced ih Section 4.01(C) 2, bf the DUA, o item #1dii:•Answer "Yes" if your business;has written policies:and procedures require -you -to have and follow a written'breach response'pian as:descrftd in Article 4 Section 4.02 ofthe bUA. o Item 14100. Answer "Yes" if your business has written policies and procedures require you'to notify Reporting Authorities and lndividuals•whose Texas HHS Confide6tial,Information has been breached -as described in Article 4' Section 4,03 of the DUA. • Item #1e. Answer'`Yes" if your business has written policies and procedures, requiring annual training of your entire workforce on'triatters related to confidentiality, privacy,.and security, stressing the- importance of promptly reporting any Event or Breach, outlines, the, {process that you .W.111 use to require attendance and track completion for employees who failed to complete.,arinual training. •SPI Version•2,1' (061201.$) Texas'HHS System--Data.Use Agreement- Attac• SECURITY AND PRIVACY INQUIRY (SPI) -Paget !Vol. pg. 2 + Item ##if. Answer "Yes" if your business has written policies and procedures requiring you to allow'Individuals (ciients/consumers) to adces$`.their•individuai,record of Texas:HHS Confidential Information,, and allow them to amend or correct that information, if applicable.. Item #1g..Answer'"Yes" if your business has writtgd polidies and procedures restricting access ta'Texas HHS..Confidential Information to only persons who have been authigri4ed and trained on how to handle Texas HHS Confidential information •.Item #1h. Answer "Yes" if your business has written policies and procedures requirih&tanttioning of any subcontractor, :employee, trainee, volunteer; or anydrie whose. work you direct Wh-0n they.have accessed Texas'HHs Confidential Inf.ofmatioh but are not authorized to do so, and .that you -have a method of proving that you have -sanctioned, such an individuals; If you are.the only employee, you must demonstrate'how you will document the noncompliance, .update, .policies and. procedures if needed, and seek additional training or,education..tb prevent future occurrences- + Item.#I!. Answer "Yes" if your business, has written policies and procedures requiring you -.to. update your policies within. 60.days after you have made. changes to how you us6w disclose Texas HHS Confidential.lnforrhation. • Item #11, Answer "Yes" if your,business has'.writteo policies and procedures requiring you to restrict attempts to take de-identified,data and re -identity it or restrict any subcontractor, employee; trainee, volunteer, or anyone whose work you direct, from contacting any''ind'ividuals for whom you have Texas NHS Confidential Information except to perform .obligations• under the contract;, or with written permission from TexaS.H.HS, • Item ##ik. Answer "Yes" if }dour business has written policies and.procedures prohibitingwyou from using, disclosing, creating, maintaining, storing or transmitting Texas HHS Confidentia.l.information outside of the. United States. • :Item #11. Answer. "Yes".ifyour business has writtewpolicies and procedures. requiring your business to cooperate with HHS'agencies or federal regulatory entities far inspections; audits, or investigations related -to compliance with the DUA or appli,cabie law, • Item #1m. Answer "Yes"•lf'your business has written policies and procetl "re$ requiring your business.io use appropriate. standards and -methods to destroy -Pt dispose of Texas HHS Confidential Information. Policies and'proce,dures should comply with Texas HHS-requirements for retention of records and methods of disposal: • Item #1n, Answer "Yes" if'your business has'written ,policies and procedure's' prohibiting the. -publication of the work..you created or•performe,d.tih 6ehalf.ofTeXa3 HHS."pursuant to the QUA, or otherTexas HHS'Cohfidential Information, Without express prior written approval of the HHS agency. Item 0. Answer "Yes" if your.buslness has a .current training program that meets the requirements specified in the SPI for yo.u; your employees, you r.su bcontractors, your vol untee rs, your trainees, and any other persons under you direct supervision. Iteih-0. Answer'"Yes" if your- `business`lias privacy,safegua,rds to protect Texas°HHS Confidential'Inforination as described. in the SPI. Item,44.. Answer "Yes" if your business maintains current lists of persons in your workforce, ihcluding subcontractors. (if applicable), who are authorized.to access Texas HHS.Confidential lnformatian. If you are the.only persomwlth access to Texas HHS Confidential Information, please answer:"yes." Item #S..Answer "Yes" �if your business and subcbntractdr-s.(if applicable), monitor for and remove from the list.of Authorized Users,.tnerr V&e of the workforce. who are terminated or are no -longer authorized: to handle Texas•HHS -Confidential Information. if you are the only one with access to Texas HHS Cohfidential Information, please answer "Yes." SECTION C. SECURITY RISK AIt1ALYSIS.AN,p AS$ESSMEIVT This section is -about your electronic systems. If you DO NOT°store Texas HHS Confidential Information in electronic systems (e.g., laptop;.personal computer, mobile device, database,_server, etc.), select the "No Electronic 5yste.ms' -box and respo6d "Yes" for all questions in this,section. Iterh #1. Answer "Yes" if your business does not 'offshore" •or!use, disclose; create, receive,'trahs(nit or maintain Texas HHS Confidential Information outside of the. United States. If'you .are not certaln, contact.your provider of technologyservices (application, cloud, data center, network,. etc.) and request confirmation thatthey_do notoff- shore their data. .SPI Version -2;1 {06/20.18) Texas H. HSSystem•- Data UseAgreement•-Attachment:2: SECURIjY AANp PRIVACY IN SPI) 'ice: ' Item & Answer "Yes' if your business uses a.person or company who is knowledgeable in -IT 'security W maintain or oversee the configurations of your business's computing systems and devices. You may be that person, or you may hire someone who -can provide:that,service for you.. Item #3:. Answer "Yes" if your business monitors and manages access to Texas, HHS'Cob idential Information (Le., reviews' :systems to ensure. that access is lim.it'ed to Authorized Users;; has formal proce§ses for granting, validating, and reviews the need for remote, access to Authorized Users to`Texas HHS:Confidential Information, etc.). If you are -the. only employee; answer "Yes" if you have implemented a process to perlodreally evaluate the need for accessing. Texas HHS Confidential Information to fulfill your Authorized Purposes: Item #4. Answer "Yes" if your business has implemented a system for changing the password a system initially assigns to the', .user (also known as the default password), and requires users'ta change their.passwbrds at least every'9,Q days, and prohibits the 'creation, of weak passwords forrall.coinputef sy5terris1hat access or -store Texas, HHS Confidential Information Sp. g., a strong ,password has a minimum.of 8 characters with a.combination of uppercase,,lowercase, special characters, and nunibers,.where possible). If your business uses a Microsoft Windows system;. refer to. the Microsoft website on how to do this, see example:. Item #5. Answer "Yes" if your business assigns.a unique user name and private.password to each of your employees, your subcontractors; -your volunteers, your trainees and:any other persons under your direct control who will use, disclose; create, receive, transmit or ri dintain Texas.HHS Confidential Information. Item #6. Answer "Yes" if your business locks the access'after a certain number of failed attempts -to login and after 15 minutes of `user inactivity .on all computing deluges that access or -store Texas .H'H S Confidential Information. if .yo.ur b'usihess uses a Microsoft Windows system, refer to'the. Microsoft website on how to do this, See example; hops:Adots:mlcrosoR.com/en-uslWihdows/security/threat.peotection/security-policy-settings/account-lockout policy Item #f7.'Answer "Yes" if your business secures, manages,,and encrypts remote access, such as. -.us ing'Virtual Private Network(VPN) software -on your home computer to' access Texas. HHS Confitleritial Information'that resides on a computer system at a business. location -or, if you use wireless, ensuring'that the:Wireless is secured using a password code. If you do not access systems remotely, or over wireless; answer•"Yes:'. item #8. Answer "Yes"'If your business updates the computer security settings for -'all your.computers and electronic systems that.access or store Texas HHSConfidential Information to prevent,hacklhr or breaches (e:g,,.fidn-essential features or services have been rerrioved'or:disabied to reduce the threat of-breach'and to limit opportunities for hackers.or- intruders to access your system). ForeXample, Microsoft:.s'Wlindows security checklist: hops:/%dots. itticrosofttom/en-us/yirlrtdows%security/threat-protection/security-policy-settinaslhow=to-conffoure-security-bolicy-settings ltem'O. Answer "Yes" if your business. secures physical access to computer; paper,.or"other, systems containing Texas HHS Confidential. Information -from unauthorized personnel and .theft•(e:g.,.door locks, cable locks, laptops°are stored in the -trunk of the car instead of the passenger area, etc.). If yme andse these pra , euctices for your business, answer "Yes." Item'#10..Answer ".Yes" if your business;uses encryption products to protectT.exas HHS Confidential Information that.is- transmitted ober a public network (e:g., the Internet, WIFI; etc:) -or that is stored. on a computer'system that.is physically or electronically accessible to the pubiic'(FIPS 140-2 validated.encryption�is required for Health Irisurarice Portability and Accountability Act (HIPAA) data,•Crirriinal Justice:lriformation Services (CIS) data, Internal Revenue'Service Federal Tax Information (IRS FTI),data, sand Centers°for Medicare.& Medicaid Services (CMS) data.) Forrmore infdrmation,regardirig FIRS 140-2 encryption .products; pleaserefer to: http:jlcsrc:nlst aov/publicdtions%f bs). Item #11...Answer "Yes" if your business stores Texas HHS Confidential Inform ation.ori encrypted end -user electronic devices. (e:g., laptops; USBs; tablets,,smartphones; external' lard driVds,.desktops, etc-.) and can produce. evidence of the encryption', such as, a screen shot or a system repor_t (FiPS 14072 encryption,&required for Health insurance Portability and Accountability Act (HIPAA) data, Criminal Justice Information Services (.C11S) data, Internal Revenue Service Federal'Tax Information (IRS.FTI) data, and Centers'for Medicare-&. iv(edicaid Services (CMS) data), For more information regarding FIPS5146-2 validated encryption products, please refer to; http://csrc.nist.aov%publicationslfigsl: If you do not utilize end-.user'electronic devices for storing Texas 'HHS. Confidential Information; answer "Yes:` SPI Version 2.1 (0:612018.) texas HHS System - Data Use Agreement• -,Attachment 2, 5ECURITYAND PRIVACY INQUIRY'( PI) is vot. 399 pg. 8 hem #11. Answer" Yes" If your :boi business requires employees;v6lunteers, trainees and otherwqrkforw members. to sign a Offi, ent that .cle.aflyo o nsi,blilOds'for ftdtOdlh$ TOps-HHSOd outlines, t IhfQ1rm.btibhAhd associated Aysiems-coniaining,Texas--HHS:C;' fi'fidentlal-information'before.�ih.ey.can obtain.access. Ifyou.-arethe ohly-emi5loyee.answer "Yes" if you hbV&sIgn',qq eiror6WM - ffing..tqsignth requirements and i espon5ib lines_: Item #1*3. Answer "Yes", if your business is willing -io.perform a criminal 'background -check on.empjoyees,:subconiractor.s, youvovolunteers, or trainees whoess;Texas HHS-Co entia'Onform6tion.-If'you. are the on(y-q'mp`IioyeO,-answer "Yes" if y' are. willing to subffiit to a backgr600 check. Itern'#14, Answer `'"Yes""Jf y0pr bqslndss Orohibits tM'access, Creation, w6h, discl&djee ecdoti6n, ttahtin lssioin;.:Mainten6hce, and storage of -Texas HH5 Cbrifide"nikil. information on Cloud Servic6s or social media sites if. . you use such.services or sites, aridthere's b TeX8!s,'HhS'ap-proved'.,SUbcootrattpt...'agreqcnent that, intlud�!.t.tbmplighco-.and.litib*llity-clau,�e§.With:thi�-saffie 'td I qplheffi.dntsas thd Applitarit/Oidcle'r. If you do hofutillid ClbUd Servites or:Media Mteslor.stoeing- Texas HHS Cbrifide6tial Information, answer. "Yes," Item #15. Answer "Yes" if your business keeps-curreni on security updates/patches (includIN.-firmware, software and transmit; maintain or.Stote Te�ai HHSton .plicatlionsi)f0com computing systp"m's,thatluse disclose, create, trans fiden ial p 1 9 . . .$ 1. access; I... I . 1. Information. if you use a, M icrb� Windows ' stem, refeft6,the.Microsoft wdb�lte on how VqU� "stem is 4�ft SY SY aufomaticMly -updating-, see example- mmi-w lte #16._AnsWer"'.Yes'f'ifyour bqslil'OsS'scomputing pytteffis that use, dlsclosqs:accessw tsar smit,:ma stain or`store Texas HHS Cohfidentia.1 and ah#virijt Of6tedtidin.. IfyoU Pse:a Microsoft .Windows system,refer to the Microsoft website on how to ensure your system is automatically pdafing,,seeexamp! hL et tV h ��t4d eCjj 6g�,Ikdqs- M"I'dro-'s-oft-tomIR-WWi—-OsLiq Ud It r6t t 6 Item All. Ans'w6r."Yo" if your: business reviews system security logs. on computing systems that access or store Texas. HHS C6�nfldentkql-lnfotmptip!i.'fprt.abndrrn.al'.a4ttiV!ty p or security concerns on A regular. Itybo use a mictosoft.*-\inflows system' refer to the Microsoft website'.fofensuring y* tAr.sy'ste* m.is';.I.ogai.gsecur-lity*eVentsAeeexample: ltdi-hil& AnsWO'"Yes"If your business disposal processes for Texas HHS.`Confidehtial lnfo(rii'a-ti*,o'n.e'ns'ures.thatTex4s 14H'S,tonfid6niial'i4formaiion;.Is destrqyed so''.thai it is unreadable or undecipherable. 'Sim' g.data or formatilng. p n the llird'drive:is.,not,enough; ensure ,'you -usqprodqcts that perform a secu re disk. Wipe. Please see MIST SIR 800-.88 R1, '16ns-fqe._theinform6tioht' type. for further guidance.. Guldellhesfor' applicable. law§,,and �.egtilat u Item #19..Ahswee "Yes":ifybu*t. business pn§u(d�thbt till• 6ublic f6d6g.w*ebsite§mobile :pnd-M . applications containing H.HS: Co6fideiritiallrifo�,ffiatidn mheei 'sdqUrit;y`t,e,stIn.g' i6ndtlids" sd'f'f"brtli within '6066s Gpiv&n mient.tode (TGC)'Se "2b5-4.516 tkTIOND.51,6''NOORE" ANb-:SO6MM1ON 6 . O;jooe priat cjick00`the sigq r .6 � e, he fdeh� 0 On -?t6thmentt . "th Texas HH5Cq6t'ft'tc-t'9 ;'Mafi6 er'." -Texas RH§-S-ystern� bafa'use.Agreemeil'tTAitachment2-. :,901 yOWbn Pagq.iq Of.0 -SEtUAIT-Y..AN"D`PAiVACYIN4U Vol. 399 pg. IL Brazos County Job Description Last Updated: May 2023 Template Revision 1.2 08/1512012 Class Number: B2811 Title: Detention Counselor -Pay Group: 20 Department: Juvenile Services FLSA Status: Exempt Reports To: Deputy Director Approved Date: I I EEOC Category: Professional General Summary: Deliver counseling services, in Detention, Probation, and Academy to referred juveniles. Provide individual, family and group counseling for Juvenile Service's clients and families. Supervise Interns and Volunteers assigned to counseling duties. Abide by ethical standards to properly supervise clients. Essential Duties: Make professional recommendations on individual cases to the probation officer to be presented to court. Responds to emergency situations on a 24-hour call basis, subject to irregular work hours. Assists in planning, coordinating and implementing programs. Assists with and conducts staff training and development. Assists in developing and implementing new programs. Provide counseling services by utilizing in -home, office or group sessions. Develops written aftercare plans with juveniles prior to their release from counseling. Actively participate in weekly staff meeting providing recommendations for counseling services. Develops and assures treatment follows department, state, professional and national standards. Provide court testimony as directed. Provide 24-hour emergency crisis intervention for the detention center. Identify juvenile needs that cannot be addressed in-house and make appropriate referral recommendations. Provide crisis intervention for Academy as needed. Supervise Interns regarding ongoing assignments and duties. Maintain client confidentiality. Maintain applicable licensure(s). The Professional Counselor ' will provide administration and interpretation of psychological evaluations of youth at risk of suicide, or in need of specialized treatment services. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures, and practices of the department. Facilitates and participates in departmental programs. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other.Duties as assi ed. Education Required: The Professional Counselor will have a Master's degree in social work, counseling, or psychology. Preferred: Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Experience with clients in the criminal justice system desirable. Bilingual Spanish speaker preferred. 6 � pg. -- F\J01 . Certificates, Licenses, Required: Master's degree Level Counseling License. Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Preferred: Physical Demands Typical: Duties require daily standing, walking, sitting, talking, and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 20 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Typical: Foundational knowledge of youth emotional, cognitive, moral, and social development. Knowledge of facts, concepts, principles, and theories of human behavior related to justice -involved youth. Basic knowledge of community resources, assessments, interventions, and referral sources. Possess excellent verbal and written communication skills. Be able to write relevant documentation accurately. Computer, management, supervisory, and organizational skills. Ability to establish rapport with clients and family members. Possess well -developed interpersonal skills and ability to deal effectively with the public, other employees, and elected officials. Ability to complete assignments within tight deadlines. Typical: The noise level in the work environment is usually moderate. While performing the esseritial'duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines, and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazards and infections from exposure tdcommunicable diseases; physical harm as the result of confrontation. The-i iork environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. vol. 399 Pg. Brazos County Template Revision 1.208/1612012 o �'o Job Description OF Last Updated: May 2023 Class Number: B1890 Title: Psychologist Pay Group: 24 Department: Juvenile Services FLSA Status: Exempt ` Reports To: Deputy Director Approved Date: EEOC Category: Professional General Summa : Deliver counseling and mental health services for youth who are under supervision of the Brazos County Juvenile Services Department. Provide individual, family and group. counseling for justice involved youth and their families. Supervise Interns and Volunteers assigned to counseling duties. Abide by ethical standards to properly supervise clients. Essential Duties: Other duties may be assigned. Make professional recommendations on individual cases to the probation officer to be presented to court. Responds to emergency situations on a 24-hour call basis, subject to irregular work hours. Assists in planning; coordinating and implementing programs. Assists with and conducts staff training and development. Assists in developing and implementing new programs. Provide counseling services by utilizing in -home, office or group sessions. Develop written aftercare plans with juveniles prior to their release from counseling. Actively participate in weekly staff meetings providing recommendations for counseling services. Develops and assures treatment follows department, state, professional and national standards. Provide court testimony as directed. Provide 24-hour emergency crisis intervention for the detention center. Identify juvenile needs that cannot be addressed in-house and make appropriate referral recommendations. Provide crisis intervention for youth in the Academy School as needed. Supervise Interns regarding ongoing assignments and duties. Maintain client confidentiality. Maintain applicable licensure(s). The Professional Counselor will provide administration -and interpretation of psychological evaluations of youth at risk of suicide, or in need of specialized treatment services. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Facilitates and participates in departmental programs. The duties. listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. Received: I Deputy Director Given: I Not applicable Duane Peters Date Required: The Professional Counselor will have a Master's degree in social work, counseling, or psychology. Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Vol. 9 9 Pa. 8 8 Certificates, Required: Master's degree Level Counseling License. Valid Texas drivers license with appropri liability auto insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Preferred: Licensed Sex Offender Treatment Provider (LSOTP), or ability to obtain certification within one year of employment. Physical Demands Typical: Duties require daily standing, walking,- sitting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 50 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands'described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to -enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Typical: •A knowledge of juveniles regarding emotional, cognitive, moral, and social development. Knowledge of facts, concepts, principles and theories of human behavior related to juvenile offenders on probation, in detention,•or residential settings. Knowledge of counseling theories and interventions. Possess well developed listening and. communication skills to facilitate an effective counseling alliance.. Be able to write relevant documentation accurately. Computer, management, supervisory, and organizational skills: interpersonal skills and ability to deal effectively with the public, other employees, and elected officials; ability to complete assignments within tight deadlines. Must have physical ability to make arrests and perform restraint techniques. Work Environment Typical: The'noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and infection from•eXposure to communicable disease; physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. pets OP F. ' s / * Brazos County Template Revision 1.2 06115/2012 Job Description F Last Updated: May 2023 Class Number: B0325 Grant Writer Pay Group: B0325 _Title: Department: County Auditor FLSA Status: Non -Exempt Reports To: County Auditor Approved Date: EEOC Category: Professionals General Summary: Research and prepare grant proposals for multiple county functions. Grants could require collaboration with state or federal agencies as well as various county offices. Research needs and incorporate those needs into the grant proposal. Assist with implementation of awarded grants including program reporting and structure. Essential Duties: Research and identify new government, corporate, foundation and private funding prospects to match County priorities; Generate high quality proposals; narratives, applications and supporting documents in respond to solicitations consistent with policies and procedures of Brazos County, and the requirements and guidelines of the funding agencies; Maintains primary responsibility for grant program schedules and tracking grants; Serves as liaison to all funding agencies and organizations for program requirements; Works with appropriate personnel in other County offices to research, develop, write and submit letters of inquire, concept papers and grant proposals; Coordinates and follows -up on the progress of submitted proposals; Coordinates with colleagues in Auditor's office and Budget Office to create income and expenditure budgets for proposals; Responsible for communicating grant proposal to Commissioner's Court. Responsible for reviewing and complying with Uniform Grant Management Standards from the State of Texas as well as federal grant standards. Responds to requests and questions from Commissioners' Court, elected officials, department heads, vendors, and funding agencies; Remains up-to-date on current issues relative to grant proposals; Inform staff and answer questions regarding allowability of proposed expenditures related to specific grants; Gather and maintain data on various economic, demographic and functional topics and systems. Other Duties as assigned. 1.n Su envision Received: From County Auditor Given: This is a non -supervisory position, Duane Peters bate Education Required: Bachelor's degree, two to three years grant writing experience or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: `Vol pg. Experience Required: Preferred: Certificates, Licenses, Re istrations Required: Preferred' Technical writing experience Ph sical Demands -the The physical demands here are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 20 pounds, such as files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Knowledge, Skills, & ABilities Typical: Generally Accepted Accounting Principles (GAAP); state statutes governing the operations of county offices; financial management; governmental accounting standards; budgetary techniques; personnel policies.and procedures; standard office practices.To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Establish and maintain effective working relationships with county employees, representatives of governmental agencies, vendors, and the general public; communicate effectively, both orally and in writing; operate standard word processing and spreadsheet software; read and interpret standard policies and procedures; analyze and interpret data; deal with the public; mathematical aptitude; ability to work independently. Work Environment Typical: The work environment characteristics described here are representative of that an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee must frequently perform multiple tasks simultaneously, change tasks, perform tedious exacting work, and work closely with others as part of a team 11 Vol. 399 pg. 91 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 5/23/2023 ITEM: Request from the CountyAuditor for the following personnel change with effective date as of May27, 2023. Requested change has no effect on the County Auditor's FY2023 Budget. • Move Grant Writer -County Auditor, B0325-1, from Salary to Hourly TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ACTION REQUESTED OR ALTERNATIVES: Commissioners Court Nina Payne 05117/2023 False False $0.00 Request approval. ATTACHMENTS: File Name Description Me County Auditor 5.17.23.pdf Personnel Change Calculations Backup Material Duane Peters Date County Judge Vol. 3 Pg..-9-Iry BRAZOS COUNTY, TEXAS REQUESTED POSITION CONTROL CHANGES AFTER ADOPTION County Auditor- Prorated Cost For the Year Ending September 30, 2023 Letter Date: 5/17/2023 Effective Date: 5/27/2023 Increase/ Increase/ Agenda Date: 5/23/2023 (Decrease) (Dccreaso) Salary Fos. Budget Biweekly/ Total Depart. Title Job Code Grade Tyne Hours Hourly Rate Salary Salaries Total Benefits 1 Request: Move position from salary to hourly Froth County Auditor FY 23 Current Salary J 16000100 Grant Writer �B0325 1 _x�W `�F/T' 9 2692 31 rju;i4 231_;� To: County Auditor FY 23 Requested Chanee 16000100 Grant Writer _ RESULT: :lyo change �_...:.. .......`.r maw... ., NET RESULT: _ Additional Notes , _.-. Total Cost $ - M.Cfii & to the,FY 23 $udg t ..... a Signature -Department Head/Elected Official Date a BRAZOS COUNTY, TEXAS REQUESTED POSMON CONTROL CHANGES AFTER ADOPTION County Auditor- Annual Cost For the Year Ending September 30,2023 Letter Date: 5/17/2023 Effective Date: 5/27/2023 kcr=ef 1cm-asel Agenda Date: 5/23/2023 (De=ase) (De,--) Salary Pos. Budget Biweekly/ Total Depart. Tide Job Code Grade Type Hours Hourly Rate Salary Salaries Total Benefits Request: Move position from salary to hourly From: County Auditor FY 23 Current Salary ...... 16000100 Grant Writer .... To: County Auditor FY 23 Requested Change 16000100 Grant Writer RESULT - NET RESULT: U, Additional Notes: f Total Cost $ MIGAia Budget Signature - Department Head/Elected Official Date Vol. pg. 9 11. 77 Brazos County, Texas Weighted Average of 5 years For SSI, CPI and Brazos COLA Numbers represent percent change over previous year Supplemental Security Income 2019 2020 2021 2022 2023 2.8 1.6 1.3 5.9 8.7 20.3 1.6 1.3 5.9 8.7 17.5 1.3 5.9 8.7 15.9 5.9 8.7 14.6 8.7 8.7 _ 77 15 Weighted average SSI 5.133333 Consumer Price Index Average of May to April 18-19 19-20 26-21 21-22 22-23 2.3 1.7 1.6 7.3 7.3 20.2 1.7 1.6 7.3 7.3 17.9 1.6 7.3 7.3 16.2 7.3 7.3 14.6 7.3 7.3 76.2 15 Weighted average CPI 5.08 Brazos County Cost of Living Increases 2019 2020 2021 2022 2023 3 3 0 3 7.5 16.5 3 0 3 1.5 13.5 0 3 7.5 . 10.5 3 7.5 10.5 7.5 7.5 58.5 15 Weighted average Brazos COLA 3.900000 10 9 8 7 6 5 4 3 2 1 0 0 Brazos COLA vs CPI and SSI in Percentages 2019 2020 2021 2022 SSI CPI BC COLA 2023 Brazos County, Texas General Fund (01000) COLA Estimate - FY 24 Salary and Wages I I I ` I ;�,� 4 �, 4:5% -5% ` -� r _ sa% I 6 Budget 1% ,: 2%.. ,~' 3% 3 5% $ 54,424,504 $ 54,968,749 $ 55,512,994 $ 56,057,239 $ 56,329,362 $ 56,601,484 $ 56,873,607 $ 57,145,729 $ 57,417,852 $ 57,689,974 $ 57,962,097 $ 58,234,219 $ 544,245 $ 1,088,490 $ 1,632,735 $ 1,904,858 $ 2,176,980 $ 2,449,103 $ 2,721,225 $ 2,993,348 $ 3,265,470 $ 3,537,593 $ 3,809,715 Benefits Budget ": 1%, `= $ 13,875,855 $ 14,014,093 $ 14,152,331 $ 14,290,570 $ 14,359,689 $ 14,428,808 $ 14,497,927 $ 14,567,046 $ 14,636,165 $ 14,705,284 $ 14,774,404 $ 14,843,523 $ 138,238 $ 276,476 $ 414,715 $ 483,834 $ 552,953 $ 622,072 $ 691,191 $ 760,310 $ 829,429 $ 898,549 $ 967,668 General Fund Increase Based on COLA Estimates Estimate 3.5/0. . . ° 4% 4.50 5% Additional Salary & Benefits $ 682,483 $ 1,364,967 $ 2,047,450 $ 2,388,691 $ 2,729,933 -$ 3,071,175 $ 3,412,416 $ 3,753,658 $ 4,094,900 $ 4,436,141 $ 4,777,383 estimates include the Courthouse Security salary/benefits and the accrual for one day. F:\1- Budget Prep\2024 Budget\Salary Information\COLA Est. FY 24 g �'E Op T Brazos'county Purchasing Department or 200 South Texas Ave., Ste. 352 Bryan, TX 77803 - MEMORANDUM To: Commissioners Court From: Wm. Charles Wendt Date: May 23, 2023 Re: Sole Source Exemption- Southern Cement Slurry Requested Action/ Recommendation: Approval of exemption from competitive bidding requirements; for the purchase of cementitious slurry product from Southern Cement Slurry pursuant to Section 262.024 (a)(7)(A) of the Local Government Code. Background: The Road and Bridge department has requested the purchase of cementitious slurry product from Southern Cement Slurry for use by Brazos County Road & Bridge Department and provided the attached memorandum including, justification for this purchase. Based on the information included in this memo, Great Southern Stabilized, LLC. is the exclusive_ licensee and sole source provider of this product in this region and therefore this purchase can only be obtained from one - source. The approval of a sole source purchase meets the exemption requirements of Section 262.024 (a)(7) of the Local Government Code. This section provides for exemption based on purchasing items that can be obtained from only .one source. The exemption complies with Local Government Code for sole source purchases. Section 262.024 (c) requires that if an item exempted under Subsection (a) (7) is purchased, the commissioners court, after accepting a signed statement from the county official who makes purchases for the county as to the existence of only one source, must enter in its minutes a statement to that effect. This Memo complies with that requirement. II" _ az Wm. Charles Wendt Purchasing Age& Vol. 3 9 9 pg. 98 BRAZOS COUNTY ROAD AND BRIDGE DEPARTMENT Prarthana Banerji, PE, CF1MI, gountj) Engineer Memorandum Date: .May 5, 2023 To: Purchasing From: Prarthana Banerji This department is requesting approval to utilize Cem-Lune (Cement -Lime Mixture) Super Slurry and Cement Super Slurry. The products originate from Martin Marietta (formerly TX1 Materials) and Great Southern Stabilized is the exclusive licensee to provide the specified material in the Southeast Texas Region through May 5. 2023. We have marry roadways in a condition where routine maintenance procedures are ineffective and total roadway reconstruction is necessary. The usual reconstruction operation would involve reclamation of the roadway and stabilization of subgrade with 6% lime or 3% cement. We have found through previous use of the Super Slurry's that: A. The usual application of lime leads to a substantial amount of lime becoming airborne. Lime is an eye, skin and lung it while our workers are trained in the proper application of lime and take the necessary precautions when working with lime, there may be citizens Iiving in close proximity to the area where lime is being applied who could be exposed to irritants with normal lime stabilization methods. Delivery of stabilization with specified slurry applies the product directly to road materials with no risk of airborne exposure to county residents or county workers. B. A typical lime application requires the introduction of the lime material to the road subgrade and it is then blade mixed and compacted. Moisture is maintained for 3 days by truck watering until such time as the lime mellows and is then re -mixed and final compaction is achieved. The entire Normal" stabilization process for a section of road requires substantially more man hours and equipment hours than the method specified. Application of the slurry to a section of road will require intensive mixing, blading and compaction for.2 hours after initial application of the slurry, but then the subgrade work is complete (other than curing). The roadway is drivable for the adjacent residents near a project on day of application. Substantially less man hours and equipment hours are required using specified slurry. This department believes that we are paying minimally extra in materials and receiving superior stabilization results, plus added environmental benefits by elimination of airborne lime dust and added benefits due to reduction in fuel, equipment and man hours in utilizing the Super Slurry. Vol. pg. Martin Marietta 17 May 2023 Brazos County Purchasing Department 200 S. Texas Avenue, Suite 352 Bryan TX 77803 Attn: Ms. Kaitlyn Battles Martin Marietta has a product line called SuperSlurry which produces cementitious products. One product we produce using SuperSlurry technology is cement slurry. At significant cost to itself, Martin Marietta has developed the processes and components necessary to manufacture SuperSlurry through internal experimentation, expertise and inventiveness, However, because of the proprietary nature of the SuperSlurry products, manufacturing processes and delivery system, Martin Marietta is the sole supplier in the Dallas/Ft. Worth area that can provide you with SuperSlurry or its equivalent. . Martin Marietta will license the cement SuperSlurry production process so that cement SuperSlurry will be widely available wherever it is needed. Martin Marietta currently holds a patent on the SuperSlurry product, so we intend to protect the proprietary nature of the product and processes so that only licensed suppliers will be allowed to produce and sell the cement SuperSlurry product to the quality standards established by Martin Marietta. At the present time, Martin Marietta has licensed other manufacturers of cement SuperSlurry throughout Texas and various parts of The United States. Southern Cement Slurry is the sole source provider in the Southeast Texas region, including the greater Houston and Brazos County areas through December 315t, 2025. If you have any questions or need anything else, please contact us. Sincerely, Chris Moretti Cement Treated Materials P 10615 Spangler Road, Dallas, TX 7522 Vol. 9 t. (972) 409-3240 f. (972) 501-9304 -::o sUPERSLURRY- www.martinmarietta.com •°•-•��•n•wm n SOLE SOURCE I SINGLE SOURCE IN-0 SUBSTITUTE JUSTIFICATION Complete this form and submit to Purchasing for Sole Source purchases over $1000.00 REQUISITION# ITEM(S)t Cem-Lime Stabilization COST $ I. Check the category most applicable to your requirement: F-lSole Source. (No other known source or the only source meeting specifications.) [Z]Single Source. (Only the designated Supplier is acceptable due to territories, others may exist.) Other. Please Explain II. Check the description(s) most applicable to your requirement: Item has characteristics unique to a Single manufacturer essential to proposed use. Proprietary repair or replacement item. Designed into fabricated equipment. F—IRequired for test and evaluation. Emergency acquisition as defined in LGC 262 ❑other. III. Defining Item I Supplier uniqueness: A. What are the minimum use requirements (e.g., operating specs; dimensions; tolerances; accuracy; purity; reliability; useful life, etc.)? Native/Reclaimed materials tested to achieve strength reqmts. for subgrades B. How are these requirements critical -to your needs? Subgrade strength is essential to quality of the pavement C. What other suppliers were considered and why were they rejected? (Brand names and suppliers should be specified.) D. Why is this make, model, service, or supplier the only one acceptable? Prepared By: Prarthana Banerji Date: 5/17/2023 (Department Personnel) Approved By: a��G Date: 5/17/2023 (Department Head or Elected 0 cial) Fulebasing-Useftly Approved By: Date: []Denied By: Date: Reason: ORDER COMPETITIVE BIDDING REQUIREMENT EXEMPTION OF A CONTRACT FOR SOLE SOURCE MADE BY A COUNTY UNDER LOCAL GOVERNMENT CODE SECTION 262.024(A)(7)(A) The attached Agreement between Brazos County and Southern Cement Slurry, LLC. for the provision of goods and services described in the attached Customer Agreement constitutes a contract. The Brazos County Commissioners Court finds that this is a contract for goods and services for which competition is precluded due to limited availability by a sole source and is made by a county under V.T.C.A. Section 381.004(a)(10) and isexempt from competitive bidding. This Order is made pursuant to V.T.C.A. Local Government Code §262.024(a)(7)(A) and is to be entered into the Commissioners Court minutes. APPROVED (i�DISAPPROVED BY COMMCSSI NE OURT ON A\f , " � � (DATE) Duane Peters, County Judge Vol. a Pg• 10- 2 _ 5 of lssuaaee: :05/1112023 :CHANGE ORDER #1 13 County Road &'bridge' , .'' ;_ , Owner's Contract fVa:c CIR.22=640R CohtractorFuqua Construction ;' Engineer's Project:No,:-0842 Project Braios County_Bridge Scour.20Z1 ::.Jhe'Contract is, modified as follows upon execution.of•this Changg.Ordet.:.' - _ - • - DescriptioiuAJpdated substantial completion date due to`weathe'r, and added additional bid items for the ade itiooal scope at Ferrill Creek far the ti6o.e'ps4ing and:rock rip rap In addition, for the demolition required for the.rrietal bem.b aridge rail areshown belouv Quantity' Bid'Uriit ' . Bid Priee •. - Total - Bid Item 105';0emove Portion of steel C :• . Channel Bridge Curb 134 AF $ 4d:0A 55 360.00 .Bid Item X11 Q1 D50=15".Rock Rip --Rap - Additibnaj Upder Bridge„(Cgmptete in . > Rlacel ' ' 75 CY 00, 800:00 Bid item 117.4"'Concrete Sloped Paving (Complete in Place) " 119,33' SY $ 72.00 ;'8,591.76 Bid.item ffl: D50=f5" Rock -Rip $ap,,24" $ Deep'with-Geotextile°(Complete in "place) ', .48 ..CY. $224.00 VIA $4,D32 Ql1 �'• . zf -� i- fa `,,,#a• trI "4..•zx c r a. t 1.yc` '•?'ram i t :.le 'Yr�t s . �3 ai.i' �8`' hn `'i =. c^, e , b ,1� I<d^ °`r,. 4ai >� '- Z-tti _ , hange2Qr,.der? ncreae .. ota CHANGE. IN CONTRACT PRICE CHANGE IN CONTRACTTIMES FOR FERRIC CREEL( :riginal Contract Price: Original Contras# Times 5 days Substantial Completion,.Mav 8`'' '2023 $ 878 352 84 Ready for Final Payment: 'June 7u' . 2023 ti ''Change•fr_66previously approved Change Orders No... Change from previously,approved Change Orders No. 0' N A to No,, to No Substantial Completion:: 0 Ready foeFiriai Payment `0 V., :: ;Contracf Price. prior to tlils,;Change Qrder: Contract Times prior to this. Change Order:. i Substantial;Completion:.-May 8th . 2023 ' •'.• Y; 878 352.84 :: ` Ready for final 'Paymerit;..June Th 2023 Increase. ofthi's Change. Order: Change of this' Change Order: Additional,Days: 21 days Substantial Cpm,pletion: Nay Z9th , 2023 $34786.76. rF:. Ready for Finat'Paymentc-june'28u' 7023 "'; Contract Price incorporating this Change: Order: Contract Times with all approved Change Orders: Substant afCompletibii: Mav 29"'. Z023 913'Y39:60 - Rea fob Final Ra mentc Ju a 28' Ready Y. 2023 .. ;APPR VED::' :':: , .. :. ACCEPTEDc .: `-Owner-(Authorized Signature) C tra gr (Authorized Signature) = Title: '(?(;t .tJ'[ �( c� i/t. O� Tit —J ;�'16��►' • , =Date: _ �,S •�.3 : o�-Oot'� -... - - . - - •a;e: - - .. S.- RECOMMENDED: -BY: Title: Project Manager Date: 05/11/2023 L19 K P 7ag TLOL a Agreement for the Operation and Maintenance of The Brazos County Exposition Complex Concession This Agreement is effective on the date of signature by the Brazos County Judge hereto, after formal approval by the Brazos County Commissioners Court, and is made and entered into between Brazos County, a political subdivision of the state of Texas (hereinafter "County"), on behalf of the Brazos County Exposition Complex (hereinafter "Facility") and 'G & N Concessions, (hereinafter or "Concessionaire"). WHEREAS the County seeks a Concessionaire to undertake and provide services to the public which includes the selling of food and beverages at the Brazos County Exposition Complex; and, - WHEREAS, the County further finds G & N Concessions meets the criteria set forth in TEx. LOCAL Gov'T CODE ANN. §262.024; and, WHEREAS, the principal purpose of County in entering into this Agreement is to serve the public by providing concession service, subject to all legal requirements and obtaining all necessary permits; NOW, THEREFORE, in consideration of the Premises and of the terms, covenants and conditions hereinafter contained to be kept and performed by the respective parties, it is agreed as follows: SECTION 1. DEFINITIONS For the purpose of this Agreement, the following words and phrases are defined and shall be construed as hereinafter set forth: Agreement: This Agreement consisting of 16 pages. County: Brazos County Concessionaire: G & N Concessions Concession Services: The sale of all food and non-alcoholic beverages to the general public in attendance at an Exposition Complex sanctioned event and/or events but does not include meal/beverage catering. (*This contract is for concession services only and is not a contract to provide catering services.) SECTION 2. PERMISSION GRANTED For and in consideration of the payment of the fees and charges as hereinafter provided, and subject to all of the terms, covenants, and conditions of this Agreement, County hereby grants to Concessionaire, subject to all of the terms and conditions of this Agreement, the exclusive right and obligation within the Concession to: provide concession service, to include the sale of food and non- alcoholic beverages subject to all legal requirements and obtaining of all necessary permits; and not for any other purpose without the prior written consent of the County. The Concession right herein granted shall be carried on at the Brazos F:\Bids\2020\20-066 Concession Services for Expo\Jane 2020 Concessionaire Contract. docx Vol. � g � Pg- County Exposition Complex solely within the limits and confines of said areas designated as Premises .(Exhibit A) in This Agreement. No temporary stands or other places of operation shall be allowed at any other time without the express written permission of the County. The County shall have the right, at a maximum of four times per year, to authorize and permit concession food and beverage sales by other vendors in designated areas outside of permanent concession stands. For purposes of illustration, such events include, but are not necessarily limited, to the Brazos County Youth Livestock Show, a future regional/mid major fair or any other future major/mid major fair or festival. Concessionaire shall: Serve quality food and beverages; schedule and provide full maintenance of the Premises under its control; employ, train and supervise personnel with appropriate qualifications and experience to assist in such functions; perform or supervise employees in the performance of all other tasks related to the operation, maintenance and/or repair of the Premises; and pay for and obtain all licenses and permits necessary for the operation of the Concession _ granted. The Concession rights herein granted to Concessionaire are exclusive and shall include eight permanent concession stands in the Facility; the sale of food; the sale of non-alcoholic beverages; and a storage area in the Facility. Other temporary points of sale may be added as County and Concessionaire may agree. SECTION 3. PREMISES .The Premises subject to this Agreement are located at 5827 Leonard Road, Bryan, TX 77807. The Premises to be authorized for use by Concessionaire shall include the food services .and eight permanent concession stands ("Concession facilities") at the Facility. SECTION 4. TERM OF AGREEMENT The initial term of this Agreement shall be "twelve months (12) months, commencing ju tq -I. 2ozo , with two (2) one-year options to renew. Both parties must provide written notice to the other at least thirty (30) calendar days prior to the expiration date of this Agreement of the intent to renew this Agreement for the following year. Neither County, nor any officer, or employee thereof shall be liable in any manner to Concessionaire because of any action taken to revoke, decline to exercise an option or disapprove a renewal of the Agreement. SECTION 5. TIME OF EXECUTION Unless otherwise provided, this Agreement shall be deemed executed when (1) it, has been signed on behalf of the Concessionaire by .the person or persons authorized to bind the Concessionaire; (2) the Agreement has been approved by the Brazos County Commissioner's Court; and (3) it has been signed on behalf of the County by the County Judge or his delegate authorized to enter into the Agreement. FABids12020120-066 Concession Services for Ex o1p June 2Q2�P97__ Contract.docx 399 Page 2 Vol. SECTION 6. RENTAL FEE AND PAYMENT A. The Rental Fee and Payment contained in this section is waived for the first (6) months of this contract and will begin on January 1, 2021 and will continue for the remainder of the ' contract term and any subsequent renewals based on this contract. B. Monthly Rental Fee. As part of the consideration for County's granting the Concession rights herein above set forth, Concessionaire shall pay to County a monthly rental fee as follows: Ten percent (10%) of the gross receipts for all events, ticketed and non -ticketed, for all non-alcoholic beverages sales; and Ten percent (10%) of the gross receipts for all outside (ail Pavilions, all Arenas and all other outside space) ticketed events and Ten percent (10%) of the gross receipts for non -ticketed outside events and ticketed/non-ticketed inside (Exhibit Hall and Ballrooms) events produced by food sales each month; less applicable retail sales tax or other direct taxes imposed upon receipts collected from consumer sales for the time periods) under this Agreement. The sale of other items must be expressly permitted and approved in writing by the County. A percentage of gross receipts will apply and will be negotiated prior to approval of said items for sale. C. Payment Due. Said payment shall be due and payable by the fifteenth (15th) day of each calendar month based on the.gross receipts received in each previous month. Each monthly payment shall be accompanied by a monthly report showing concession sales during the preceding month with detail on gross sales by event. The payment and monthly rental report shall be addressed to: Brazos County Treasurer 200 South Texas Ave., Suite 240 Bryan, TX 77803 With a copy to: Sales Coordinator Brazos County Exposition Complex 5827 Leonard Road Bryan, TX 77807 D. Gross Receipts Defined. The term "gross receipts" is defined as the total amount charged for the sale of any goods or services (whether or not such services are performed as a part of or in connection with the sale of goods) provided in connection with this Concession,, but not including any of the. following: Cash discounts allowed or taken on sales; any sales taxes, use taxes, or excise taxes required by law to be included in or added to the purchase price and collected from the consumer or purchaser and paid by Concessionaire; receipts from the sale of waste or scrap materials resulting from the Concession operation; receipts from F:\Bids\2020\20-066 Concession Services for Expo\F20 Concessionaire Contract.docx 3 ge 3 pg. the sale of or the trade-in value of any furniture, fixtures, or equipment used in connection with the Concession and owned by Concessionaire. Concessionaire shall not reduce or increase the amount of gross receipts; as herein defined, as a result of any of the following: 1. Any error in cash handling by Concessionaire or Concessionaire's employees or agents; 2. Any losses resulting from bad checks received from the consumers or purchasers; or from dishonored credit, charge, or debit card payments: or any other dishonored payment to Concessionaire by customer or purchaser; 3. Any arrangement for a rebate, kickback, or hidden credit given or allowed to customer. E. Rental Reports. 1. Rental Reports by Event. For the first six months of operation, Concessionaire shall transmit,, at the completion of each event in which Concessionaire has conducted sales, an inventory rendition and statement of Gross Receipts and such other information as the County Auditor may by written memorandum require. 2. Monthly Rental Reports, Commencing in the seventh month of operations and thereafter, and with the written consent of the County Auditor, Concessionaire shall transmit a rental payment containing Monthly Gross Receipts and a Rent Report for each month in which rent is submitted. The completed form shall include a statement of the Gross Receipts by source of sales and such other information as the County Auditor may require. F. Late Payment Fee. In the event of late or delinquent payments by Concessionaire, the latter recognizes that County will incur oertain expenses as a result thereof, the amount of which is difficult to ascertain. Therefore, Concessionaire agrees to pay the County a late fee the of $150.00 for each month late plus interest calculated at the rate of eighteen percent (18%) per annum, assessed monthly, on the balance of the unpaid amount. Payments shall be considered past due if postmarked after the fifteenth (15th) day of the month in which payment is due. F. Annual Accounting Adjustment. At the end of the initial twelve (12) month period (and at the end of each twelve (12) month period of any renewal term thereafter), Concessionaire shall prepare and submit to the County Auditor a statement showing the total gross receipts for the said twelve (12) month period and the rental paid for the said twelve (12) months. F:\Bids12020120-066 Concession Services for Expo\June 2020 Concessionaire Contract.docx Page 4 Vol. 3 9 9 pg. � SECTION 7. HOURS AND DAYS OF OPERATION; A. Concessionaire must be open for business in the specific permanent locations, applicable to the event(s) visible to the public and the event clients. Concessionaire must be open for business during the hours agreed upon in advance with Expo management and each specific event client. Convenient concessions must be available in both the North and South Arenas or the appropriate combination of locations when there are two or more events happening at the same time. Hours of may not be changed without prior written approval of the County or the Expo management staff in charge at the time. Concessionaire may not arbitrarily close a concession location or cease operations while events are still in progress without appropriate Expo management approval. B. Any deviation from the hours specified shall be subject to prior written approval of the County. C. The Concession premises shall be open for all events according to the schedule provided by the County. SECTION 8. OPERATING RESPONSIBILITIES. Concessionaire shall, at all times during the term of the Agreement, comply with the following conditions: A. Cleanliness: Concessionaire shall, at its own expense, keep the Premises and the surrounding area [at least twenty-five (25) feet] clean and sanitary at all times. No offensive or refuse matter, nor any substance constituting an unnecessary, unreasonable, or unlawful fire hazard, nor any material detrimental to the public health, shall be permitted to remain thereon, and Concessionaire shall prevent any such matter or material from being or accumulating upon said Premises. If, as determined by the County, the Concession is deemed unclean, unsanitary, or does not meet the standards of the County or Brazos County Public Health Department, and after giving .ten (10) days written notice to correct such deficiencies, Concessionaire fails to correct such deficiencies by the end of the ten (10) days, then the County may, terminate the Agreement and all terms and conditions contained herein. Concessionaire, at its own expense, shall see that all garbage or refuse is collected, as often as necessary and in no case less than once a day and disposed of in the main dumpster. Concessionaire shall furnish all equipment and materials necessary. B. Conduct: Concessionaire and its representatives, agents, servants, and employees shall at all times conduct its business in an orderly manner to the satisfaction of the County. During an event, if there is any perceived issue, on the part of the concessionaire, with the public, vendors or Expo clients, the concessionaire or their representatives must provide specific information regarding the issue to the appropriate Expo staff member managing the event. In no circumstances shall the concessionaire address or discuss any issue with anyone other than the Expo staff member in charge at the time. The concessionaire shall never make direct contact regarding an issue with any guest. Any conduct less FA13ids12020120-066 Concession Services for Expo\June 2020 Concessionaire Contract.docx -- Page 5 Vol. 3 9 9 Pg. than a positive, professional attitude with and/or between the concessionaire or their representative and Expo management will not be tolerated and can be grounds for immediate termination of the current contractual Agreement. C. Disorderly Persons: Concessionaire shall use its best efforts to permit no intoxicated person(s), profane or indecent language, or boisterous or loud conduct in or about the Premises and shall not knowingly allow the use or possession of illegal drugs, narcotics, or controlled substances on the Premises. Concessionaire will call upon peace officers to assist in maintaining peaceful conditions. Any incident that occurs where first responders of any kind are called shall be reported to the County as soon as reasonably possible. D, Non-Discrimination/Equal Employment Practices/Affirmative Action. Concessionaire, in its Concession operations at the Facility, for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree that: (1) no. person on the grounds of race, color, national origin, religion, ancestry, sex, age, physical disability, or sexual orientation shall be excluded from participation, denied the benefits of or be otherwise subjected to unjust discrimination in access to or in the use of the facilities covered herein; (2) Concessionaire, during the term of the Agreement, agrees not to unjustly discriminate in its employment practices against any employee or applicant for employment because of the employees or applicant's race, color, religion, national origin, ancestry, sex, age, physical disability, or sexual orientation. All subcontracts entered into by Concessionaire shall be approved in advance by County and shall contain a like provision. E. Personnel: 1, Food Handler Certificate: For the Concession Food Manager and other applicable employees or agents, if any, required by statute, rule and ordinance, including the Texas Food Establishment rules and Bryan City Ordinance Ch 50 (sec 50-33), Concessionaire shall provide the County with proof of food handler certificates on applicable employees. 2. Qualified Personnel: Concessionaire will, in the operation of the Concession, employ or permit the employment of only such personnel as will assure a high standard of service to the public and cooperation with the County. All such personnel, while on or about the Premises, shall be neat in appearance and courteous at all times and shall be appropriately attired, with name badges or other suitable means of identification. No person employed by Concessionaire, while on or about the Premises, shall be under the influence of illegal drugs, controlled substances or alcohol, or use inappropriate language, or engage in inappropriate conduct for a work environment. In the event an employee is not satisfactory, the County may direct Concessionaire to remove that person from the Premises. - FABids12020120-066 Concession Services for Ex olJune 2020 CpncQssionaire Contract.docx f I Page 6 Vol. 399 Pg. 3. Concession Manager: Concessionaire shall appoint, subject to written approval by the County, a Concession Manager of Concessionaire's operations at the Facility. If Concessionaire elects to subcontract'the management of any or all of the Concession operations to a managing entity or entities, the provisions of -this section shall also apply to any such entity. Such person must be a qualified and experienced food service manager or supervisor of food service operations; vested with full power and authority to accept service of all notices provided for herein and regarding operation of the Concession, including the quality and prices of Concession goods and services, and the appearance, conduct, and demeanor of Concessionaire's agents, servants, and employees. The Concession Manager shall be available during regular business hours and, at all times during that person's absence, a responsible subordinate shall be in charge and available. 4. Approval of Employees, Volunteers and Subcontractors: County shall have the right to approve or disapprove, with cause, all employees, volunteers and subcontractors (including all employees and volunteers for any subcontractor) of Concessionaire. (*see section 14 regarding subcontracting) F. Price Schedules and Merchandise. 1. County agrees that Concessionaire's merchandise (other than the merchandise discussed below), including its prices for same, shall be within Concessionaire's discretion; subject, however, to disapproval by the County if the selection of items offered is inadequate, of inferior quality, or if any of said prices are excessively high or low in the sole opinion of the County. Such determination shall not be unreasonable and shall take into account the business considerations presented by Concessionaire. 2. All menu items and service, offered for sale and/or sold by .Concessionaire in said Premises, shall be of high quality and must be related to the ordinary business of the Concession. 3. The sale of alcoholic beverages is not permitted under the terms of this agreement. Should Concessionaire desire to provide for the sale of alcoholic beverages, Concessionaire will be required to negotiate an addendum to this agreement to provide for same and provide proof of obtaining necessary permits and compliance with all rules and regulations of the Texas Alcoholic Beverage Control Board. 4. The sale of specific non-alcoholic beverage products must be approved by the County and conform to the terms of any existing sponsorship agreement between the Facility and a specific designated company or from any similar successor sponsor. If, or when, an exclusive provider of non-alcoholic beverages ceases to be the exclusive provider at the Facility, the " County shall inform the Concessionaire of the termination of the sponsorship agreement with the company, and the terms of any new or successor agreement, if any. Concessionaire is obligated under the terms of this Agreement to purchase non-alcoholic beverages from any sponsor designated by the Facility. However,. if the Facility does not enter FA13ids12020120-066 Concession Services for Expo\June 2020 Concessionaire Contract.docx Vol 399 P9• 112 Page 7 into a sponsorship agreement with a bottler, the Concessionaire may purchase -its non-alcoholic beverages at its discretion, provided that the monthly rental fees for non -ticketed events are renegotiated, agreed upon and approved in advance by the County and the Concessionaire. G. Equipment, Furnishings, and Expendables: 1. All equipment, furnishings, and expendables required for said Concession. shall be purchased and installed, by Concessionaire at its sole expense. A refrigerator and freezer will be provided by the County. 2. County reserves, the right to replace any and all items of County -owned equipment at this Concession with functionally. equivalent equipment. 3. If County does not renew said Agreement, Concessionaire shall have the right to remove its own equipment, furnishings, and expendables, but not improvements, from the Premises and shall be allowed a period of thirty (30) calendar days to. complete such removal. If not removed within that period, said equipment, furnishings and expendables become the property of County. H. Maintenance of Equipment. Concessionaire shall, at all times and at its own expense, keep and maintain all equipment in the same condition as received by Concessionaire, except for normal wear and tear, whether owned and/or installed by Concessionaire or County. Maintenance of County owned equipment due to normal wear and tear shall be the responsibility of the County. I. Signs and Advertisements. 1. Concessionaire shall not erect, construct, or place any signs, banners, ads, or displays of any kind whatsoever upon any portion of County property without the prior written approval from the County. 2. Concessionaire shall not permit vendors to display wares inside or outside the building or on said property unless written permission is secured from the County in advance of installation. 3. Upon the expiration or termination of the Agreement, Concessionaire shall, at its own expense, remove or paint out, as County may direct, any and all of its signs and displays on the Premises. J. Mobile Food Cart: Concessionaire may, with the written consent of the County, provide a mobile food cart for food and beverage service with items stocked from the main Concession Premises. K. Safety: Concessionaire shall correct safety deficiencies, and violations of safety practices, immediately after the condition becomes known or the County notifies Concessionaire of said condition. Concessionaire shall cooperate fully in the investigation of accidents occurring on Concession Premises. F:\Bids\2020\20-066 Concession Services for Ex o\June 2020 Concessionaire Contract.docx Page 8 q� Vol. Pg. 113 SECTION 10. MAINTENANCE OF PREMISES. - During all periods that the Premises are used or are under the control of the Concessionaire for the uses, purposes, and occupancy aforesaid, Concessionaire shall be responsible for all necessary janitorial duties and damage and maintenance repairs, to the satisfaction of the County. A. Interior of Premises: 1. Areas to be Maintained by Concessionaire: Concessionaire shall, at its own expense, keep and maintain all the interior walls and surfaces of Concession Premises and all improvements, fixtures, and utility systems which may now or hereafter exist thereon, whether installed by County or Concessionaire. 2. Interior and Exterior of Common areas of the Premises and Common Passageways: County shall maintain the interior and exterior of all walls and surfaces of the facility, as well as all common passageways. SECTION 91. LIABILITY A. Indemnification. Except for_,the active negligence or willful misconduct or intentional conduct of County, Concessionaire undertakes and agrees to defend, indemnify and hold harmless County and any and all of County's Officers, Agents, and Employees from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage, or liability of any nature whatsoever, for death or injury to any person, including Concessionaire's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of, or incident to, the performance of this Agreement on the part of Concessionaire, its officers, agents, employees, or sub -contractor of any tier. B. Insurance: 1. General Conditions: Concessionaire shall obtain and keep in force during each term of this Agreement an insurance policy or policies which covers all operations conducted pursuant to this Agreement. Such insurance policy or policies must name the County as additional insured. Without limiting Concessionaire's indemnification of County, Concessionaire shall provide and maintain at its own expense during the entire term of the Agreement the following insurance having the limits as set forth and the .certificate of insurance must specify the following requirements: Commercial General Liability $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Products-Come/OSH Agency $1,000,000 Personal and Advertising Injury $ • 100,000 Fire Damage (any fire) Automobile Liability $ 100,000 Bodily Injury -Per Person $ 300,000 Bodily Injury -Each Accident $ 100,000 Property Damage -Each Incident F:1Bids12020120-066 Concession Services for Expo\June 2020 Concessionaire Contract.docx Page 9 Vol. 399 Pg. � � � a. Additional Insured: County, its Officers, Agents and Employees shall be included as additional insureds in all liability insurance policies except: Workers' Compensation Employer's Liability, -Professional Errors and Omissions and second -party Legal Liability coverages (such as Fire LegaI). County shall be named Loss Payee as Its Interest May Appear in all required property, fidelity or surety coverages. b. Primary Insurance: Such insurance shall be primary with respect to any insurance maintained by County and shall not call on County's insurance program for contributions. c. 30-Day Notice: With respect to the interest of County, such insurance shall not be canceled, materially reduced in coverage or limits or non -renewed except after thirty (30) days written notice by receipted delivery (e.g. certified mail -return receipt, courier) has been given to the County Risk Manager. d. Aggregate Limits/Blanket Coverage: If any of the required insurance coverages ` contain aggregate limits or apply to other operations or tenancy of Concessionaire outside this Agreement, Concessionaire shall give County prompt, written notice of any incident, occurrence, claim, settlement or judgment against such insurance which in Concessionaire's best judgment will diminish the protection such insurance affords County. SECTION 12. PROHIBITED ACTS Concessionaire shall not: 1. Place any additional lock of any kind upon any window or interior or exterior door in the Premises, or make any change in any existing door or window lock or the mechanism thereof, unless a key therefore is maintained -on the Premises, nor refuse, upon the expiration or sooner termination of the Agreement, to surrender to County any and all keys to the interior or exterior doors on the Premises, whether said keys were furnished to or otherwise procured by Concessionaire, and in the event of the loss of any keys furnished by the County, Concessionaire shall pay COUNTY, on demand, the cost for replacement thereof; 2. Do or permit to be done any act or thing upon the Premises which will invalidate, suspend or increase the rate of any insurance policy required under the Agreement, or carried by County, covering the Premises, or the buildings in which the same are located or which, in the opinion of the County, may constitute a hazardous condition that will increase the risks normally attendant upon the operations contemplated under the Agreement, provided, however, that nothing contained herein shall preclude Concessionaire from bringing, keeping or using on or about the Premises such materials, supplies, equipment and/or machinery as are appropriate or customary in carrying on its business, or from carrying on said business in all respects as is customary. F:IBids12020120-066 Concession Services for Expo\June 2020 Concessionaire Contract.docx Page 10 Vol. 3 9 9 pg. 115 3. No firearms, explosives devices or any illegal substances and/or items are allowed to be in the possession of the concessionaire and/or its employees while on county property. SECTION 13. INDEPENDENT CONTRACTORS -AND CONSULTANTS The Concessionaire is acting hereunder as an independent contractor and not as an agent or employee of the County. The Concessionaire shall not represent or otherwise hold itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the County. SECTION 14. TAXES. PERMITS. AND LICENSES A. Concessionaire shall obtain and maintain at its sole expense all approvals, permits, or licenses that may be required in connection with the operation of the Concession including, but not limited to, tax permits, business licenses, health permits, building permits, police and fire permits, etc. B. Concessionaire shall pay all taxes of whatever character that may be levied or charged upon the rights of Concessionaire to use the Premises, or upon Concessionaire's improvements, fixtures, equipment, or other property thereon or upon Concessionaire's operations hereunder. SECTION 15. ASSIGNMENT/SUBLEASE The Concessionaire may not, without prior written permission of the County, assign or otherwise alienate any of its rights hereunder, including the right to payment or delegate, subcontract, or transfer any of its duties hereunder. SECTION 16. BUSINESS RECORDS Concessionaire shall maintain during the term of the Agreement and for three (3) years thereafter, all of its books, ledgers, journals, and accounts wherein are kept all entries reflecting the gross receipts received or billed by it from the business transacted pursuant to the Agreement. Such books, ledgers, journals, accounts, and records shall be available for inspection and examination by the County Auditor, or a duly authorized representative, during ordinary business hours at any time during the term of this Agreement and for at least three (3) years thereafter. A. Cash and 'Record Handling Requirements: If requested by the County or the County Auditor, Concessionaire shall prepare a description of its, cash handling and sales recording systems and equipment to be used for operation of the Concession which shall be submitted to the County for, approval. Concessionaire shall be required to maintain a method of accounting of the Concession which shall correctly and accurately reflect the gross receipts and disbursements received or made by- Concessionaire from the operation of the Concession. The method of accounting, including bank account is, established for the Concession shall be separate from the accounting systems used for any ,other business operated by Concessionaire or for recording Concessionaire's personal financial affairs. Such method shall include the keeping of the following documents: FABids12020120-066 Concession Services for ExpolJune 2020 Concessionaire Contract.docx Page 11 Vol. Pg. 6 1. Regular books of accounting such as general ledgers. 2. Journals including supporting and underlying documents such as vouchers, checks, tickets, bank statements, etc. 3. State and Federal income tax returns and sales tax returns and checks and other documents proving payment of sums shown. 4. With the exception of a limited number of large events in which the Auditor has or may have granted Concessionaire prior written permission to utilize an inventory control system in lieu of cash registers, cash register tapes shall be retained so that day to day sales can be identified. A cash register must be used in public view which prints a dated double tape, indicating each sale and the daily total. Permission to utilize an inventory control system in lieu of cash registers must be given to and received by the Auditor and the Expo at least thirty days prior to a scheduled event. 5. Any other accounting records that County, in its sole discretion, deems necessary for proper reporting of receipts. B. Method of Recording Gross Receipts: Unless otherwise .specified in the Agreement, Concessionaire shall obtain and install a cash register(s) on which it shall record all gross sales. The cash register shall be non-resettable and sufficient to supply an accurate recording of all sales on tape. The purchase price, terms, make and/or model of such cash ,register shall be within the Concessionaire's discretion. However, Concessionaire shall not purchase or install the cash register before obtaining the County's written confirmation that the register to be purchased meets the requirements of this provision. All cash registers shall have a price display which is and shall remain at all times visible to the public. C. Annual Statement of Gross Receipts. and Expenses: Concessionaire shall transmit a Statement of Gross Receipts and Expenses (Profit and Loss Statement) for the Concession operations as specified in the Agreement, in a form acceptable to the County Auditor, on or before April 30th of each calendar year during each term of the Agreement. An extension may be granted in writing, prior to the April 30th due date, by the County Auditor, provided sufficient verification of the need for the extension is provided. County may also from time to time conduct an audit and re -audit of the books and business conducted by Concessionaire and observe the operation of the business. If the report of gross sales made by Concessionaire to County shall be found to be less than the amount of gross sales disclosed by such audit and observation, Concessionaire shall pay County within 30 days after billing any additional rentals disclosed by such audit. If discrepancy exceeds 2% and no reasonable explanation is given for such discrepancy, Concessionaire shall also pay the cost of the audit. FABids12020120-066 Concession Services for Expo\June 2020 Concessionaire Contract.docx — f age 12 Vol. 3 9 9 Pg. SECTION 17. REGULATIONS, INSPECTION, AND DIRECTIVES A. -The operations conducted by Concessionaire pursuant to the Agreement shall be subject to: 1. All rules, regulations, orders, and restrictions enacted by the County with respect to the operation of the Facility; 2. Any and all applicable laws, ordinances, statutes, rules, regulations, and of any governmental authority, federal, state or municipal, lawfully exercising authority over the Concessionaire's operations; and, B. Permissions: Any permission required by the Agreement shall be secured in writing by Concessionaire from County and any errors or omissions therefrom shall not relieve Concessionaire of its obligations to faithfully perform the conditions therein. Concessionaire shall immediately comply with any written request or order submitted to it by County. C. Right of Inspection: County, its authorized representatives, agents and employees shall have the right to enter upon the Concession Premises at any and all reasonable, times for the purpose of inspection, evaluation, and observation of Concessionaire's operation During these inspections, they shall have the right to photograph, film, or otherwise record conditions and events taking place upon the Premises. The inspections may be made by persons identified to Concessionaire as County Employees or may be made by independent contractors engaged by County. Inspections may be made for the purposes set forth below, and for any other"lawful purpose for which the County or another governmental entity with jurisdiction is authorized to perform inspections of the Premises: 1. To assess compliance with terms and conditions of the Agreement; or I 2. To observe transactions between, the Concessionaire and patrons to evaluate the quality of services provided or quality and quantities of items sold or dispensed. SECTION 18. TERMINATION A. By County: County shall have the right, via 30-day written notice, to terminate the Agreement in its entirety and all rights ensuing therefrom as provided by applicable law if any one or more of the following events occur: 1. Concessionaire fails to keep, perform and observe any promise, covenant and condition set forth in the Agreement on its part after receipt of written notice of default from County; 2. The interest of Concessionaire under the Agreement is assigned, transferred, passes to or devolves upon, by operation of law or otherwise, any other person, firm or corporation without the written consent of County; F:1Bids\2020\20-066 Concession Services for Expo\June 2020 Concessionaire Contract.docx Page 13 Vol. 399 r Pg. � � � 3. Concessionaire!becomes, without the prior, written approval of County a successor or merged corporation in a merger, a constituent corporation in a consolidation or a corporation in dissolution; 4. The levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which is not vacated, dismissed or set aside within a period of ten (10),- days and which does, or as a direct consequence of such process will, interfere with Concessionaire's use of the Premises or with its operations under the Agreement; 5. Concessionaire becomes insolvent, or takes the benefit of any present or future insolvency statute, or makes a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the arrangement for its reorganization, or the readjustment of its indebtedness under the federal bankruptcy laws or under, any other law or statute of the United States, or of any state law, or consents to the appointment of a receiver, trustee or liquidator of all or substantially all of its property or its property located within the Concession areas; 6. Cessation or deterioration of service for any period which, in the opinion of County, materially and adversely affects the operation or service required to be performed by Concessionaire under theAgreement; or B. County's Right of Reentry: County shall, as an additional remedy, upon the giving of written notice of termination as above provided, have the right to reenter the Premises and every part thereof on the effective date of termination without further notice of any kind, remove any and all persons therefrom and may regain and resume possession either with or without the institution of summary or legal proceedings or otherwise. Such reentry, however, shall not in any manner affect, alter or diminish any of the obligations of Concessionaire under the Agreement. C. Additional Rights of County: County, upon termination of the Agreement, or upon reentry, regaining, or resumption of possession of the Premises, may occupy said Premises and shall have the right to permit any person, firm or corporation to enter upon the Premises and use the same. Such occupation by others may be of only a part of the Premises, or the whole thereof or a part thereof together with other space, and for a period of time the same as or different from the balance of the term remaining hereunder, and on terms and conditions the same as or different from those set forth in the Agreement. D. Survival of Concessionaire's Obligations: In the event the Agreement is terminated by County, or in the event County reenters, ,regains, or resumes possession of the Premises, all of the obligations of Concessionaire hereunder shall survive and shall remain in full force and effect for the full term of the Agreement, subject to County's obligation to mitigate damages. By Concessionaire: F:IBids12020120-066 Concession Services for Ex-0 Contract.docx !lol. 399 Pg. Page 14 The Agreement may be terminated by Concessionaire, via 30-day written notice, upon the happening of one or more of the following events: 1. The permanent abandonment of the Facility; 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Facility or any substantial part thereof, in such manner as to materially restrict Concessionaire from operating thereon; 3. The complete destruction of all or a substantial portion of the Premises from a cause other than the negligence or omission to act of Concessionaire, its agents, officers, or employees, and the failure of County to repair or reconstruct said Premises; 4. Any exercise of authority under the Agreement which interferes with Concessionaire's use and enjoyment of the Premises as to constitute a termination, in whole or in part, of the Agreement by operation of law; or SECTION 19. FORCE MAJEURE Neither party hereto shall be liable to the other for any failure, delay, or interruption in the performance of any of the terms, covenants or conditions of the Agreement due to causes beyond the control of that party including, without limitation, strikes, boycotts, labor disputes, embargoes, shortage of material, acts of God, landslides, acts of the public enemy, acts of superior governmental authority, floods, riots, or any other circumstance for which such party is not responsible and which is not in its power to control. SECTION 20.. AGREEMENT BINDING UPON SUCCESSORS The Agreement shall be binding upon and shall inure to the benefit of the successors, heirs, executors, administrators, and assigns of the parties hereto. SECTION 21. LAW AND VENUE The Agreement shall be construed under the laws of the State of Texas and venue of any action brought under the Agreement shall lie in Brazos County. SECTION 22. ATTORNEY'S FEES If County shall, without any fault, be made a party to any litigation commenced by or against Concessionaire arising out of or related to Concessionaire's use or enjoyment of the Premises and as a result of which Concessionaire is finally adjudicated to be liable, then Concessionaire shall pay all costs and reasonable attorney's fees incurred by or imposed upon County in connection with such litigation. SECTION 23, NOTICES A. To County: Unless otherwise stated in the Agreement, written notices to County hereunder shall be addressed as follows: F:%Bids12020120-066 Concession Services for Ex ekimme 2920 GeReessle ' Contract.docx Vol P9� � ® age 15 • Brazos County Judge 200 So. Texas Ave., Suite 332 Bryan, Texas 77803 With a copy to: General Manager, Brazos County Expo Complex 5827 Leonard Road Bryan, Texas 77807 All such notices may either be delivered personally or may be deposited in the United States mail, properly addressed as aforesaid with postage fully prepaid for delivery by registered or certified mail. Service in such manner, --by registered or certified mail shall be effective upon receipt. County shall provide Concessionaire with written notice of any address change within thirty (30) days of the occurrence of said address change. B. To Concessionaire: Written notices to Concessionaire shall, be addressed to Concessionaire as follows:. G & N Concessions 3429 Hickory Leaf Ct Conroe, TX 77301 All such notices may either be delivered personally to the Concessionaire or to any officer or responsible employee of Concessionaire or may be deposited in the United States mail, properly addressed as aforesaid with postage fully prepaid for delivery by registered or certified mail. Service in such manner by registered or certified mail shall be effective upon receipt. Concessionaire shall provide County with written notice of any address change within thirty (30) days of the occurrence of said address change. SECTION 24. INTERPRETATION The language of the Agreement shall be construed according to its fair meaning and not strictly for or against either County or Concessionaire. The section headings appearing herein are for the convenience of the parties and shall not be deemed to govern, ,limit, modify or in any manner affect the scope, meaning or intent of the provisions of the Agreement. If any provision of the Agreement is determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision of the Agreement, and all such other provisions shall remain in full force and effect; and it is the intention of the parties hereto that if any provision of the Agreement is capable of two constructions, one of which render the provision void and the other of which would render the provision valid, then the provision shall have the meaning which renders it valid. FABids12020120-066 Concession Services for ExpoUune 2020 Concessionaire Contract.docx Page 16 Vol. 399 Pg. L 2 Q SECTION 26. AGREEMENT CONTAINS ENTIRE AGREEMENT The provisions of the Agreement contain the entire Agreement between the parties hereto and said Agreement may not be modified except by formal, written amendment fully executed by both County and Concessionaire. IN WITNESS WHEREOF, Brazos County has caused this Agreement to be executed and Concessionaire has executed the same as of the day and year herein below written. OS Duane Peters; County Judge Brazos Coun y Judge Date: is If If Attest: L� Karen McQueen Brazos County Clerk N (YONCESSIONS Eva'jNancy) Ward Proprietor Date: Z - Z � - ZOZO- Glenn Ward Proprietor Date: \a1- V10017 FABids12020120-066 Concession Services for �Qp CVO l. Contract.docx Page 17 .__ pg. Appendix C STATEMENT OF WORK Extended Cloud Services (ECS) Brazos County 6/1/2023 Vol. Contents 1. Confidentiality 2. Service Objectives 3. Scope 3.1 ECS Application Update Service 3.2 ECS Support Service 3.3 ECS Extension Service 4. Assumptions 5. Term 6. Cancellation 7. Deliverables 8. Pricing 9. Invoices 10. Deliverable Expectation Document 11. Scope Changes 12. Basic Safeguarding of Covered Contractor Information Systems .d Vol. 399 Pg 2 SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 1. Confidentiality This document contains confidential and proprietary information concerning PMCS Services and Highstreet. Receipt of this document constitutes acknowledgment that the pages marked "CONFIDENTIAL" contain trade secrets that are confidential and proprietary to PMCS Services and Highstreet. Recipients of this document will protect and not disclose the contents herein using the same procedures and requirements by which they protect their own proprietary and confidential information. Recipients shall not, in whole or in part, disclose any of the proprietary or confidential information to any person, firm, corporation, association or other entity for any reasons or purpose whatsoever, nor shall they make use. of any proprietary or confidential information for their -own purposes or benefit without the prior express written consent of PMCS Services and Highstreet. If Recipient is a governmental entity that must comply with requests to disclose this document in accordance with open record laws, Recipient shall, to the extent of such open records taws, allow PMCS Services and Highstreet the opportunity to redact information from this document that constitutes trade secrets or other exceptions from the applicable open records laws. SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 2. Service Objectives The Extended Cloud Services (ECS) is designed to support the ongoing needs of Brazos County ("County") Oracle Cloud domains. While Cloud SaaS solutions require dramatically less maintenance and upkeep, there are reoccurring tasks that need to be performed to keep the product technically current and up to date. Service activity is also required from the standpoint of provided functionality within the Cloud Service and based on the evolving needs of the business user. This service is designed to ensure that the impacts and benefits of Oracle Quarterly Patches are researched and addressed with minimal user impact. The County is executing this Statement of Work for Deliverables -Based IT Services (DBITS) for PMCS Services, Inc. ("PMCS") and subcontractor Highstreet IT (jointly referred to as "Consultants"), per PMCS State of Texas DBITS contract DIR-CPO-4959. . 3. Scope Consultants will provide ECS support for County's Oracle Cloud environment via the following support services: • ECS Application Update Service • ECS Support Service • ECS Extension Services The following Oracle Cloud pillars ("Supported Cloud Pillars") are included in the ECS services: • Human Capital Management (HCM) • Enterprise Resource Planning (ERP) including EPM. 3.1 ECS Application Update Service The ECS Application Update Service provides the County with a set of reports and tools that detail the changes to County's Oracle Cloud environment due to Oracle's updates. Each report is reviewed with the County to determine the plans and actions that are required to address the changes in the Oracle release. Consultants also test and implement the opt -in changes the County determines they want to use and tests auto -enabled changes in the release that pertain to the County's environment. The ECS Application Update Service includes the following services and reports: 6 Vol. --3-,U -- P'g. SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 Services o Consultants will create the reports and tools listed below and review them with the County so the County can determine which quarterly update opt -in changes they want to enable. o Consultants will enable and will unit test the opt -in changes selected by the County in the non -production environments. o Consultants will support the County during regression testing by assisting them in troubleshooting and resolving issues. For issues that require Oracle to resolve, Consultants will also create and manage Oracle service requests. o Once County has signed off on the non -production testing, Consultants will provide the documented steps to the County who will enable the opt -in changes in the production environment. Reports o ECS Quarterly Update, Business Process Report' This is a detailed report, unique to the County's environment. that outlines the specific business processes that will be impacted by the quarterly update. The report includes information on any changes between opt -in vs. auto -enabled features, where features set to opt -in in prior updates, may be configured to auto -enable in the current quarterly release. o ECS Quarterly Update, Test Recommendation Report This report provides recommended testing processes for new functionality provided by the quarterly -updates, specific to the County environment. o ECS Quarterly Update, Enhanced Functionality Report This report provides a detailed inventory of new functionality provided by the quarterly update, to include any new`features specific to County's industry segment, with all new features broken down by individual application and functionality within the cloud pillar. o ECS Quarterly Update, New Interface Report This report provides details on any new interfaces provided by quarterly updates along with guidelines on implementing the new interfaces. o ECS Quarterly Update, Test New Functionality Consultants will create test scripts and unit test new functionality provided by the quarterly update that the County has decided to implement. o ECS Quarterly Update, User Training Materials for New Functionality User training materials are provided that outline changes to the cloud and new functionality that is provided by the quarterly update. 3.2 ECS Support Service The ECS Support Service provides the County with a support team that responds to issues based on severity/impact on the County. These services are provided on a 240 basis for Critical items. The ECS Support Service is based on a ticket priority model for the Supported Cloud Pillars as follows. 1=Critical ; ' The Service Request is a business -critical service causing an organization wide :• impact not related to an Oracle Cloud outage. 8�2-High' `; The Service Request is making business -critical or normal business activities =v _ difficult to execute. _` 3=Medium.'• The Service Request has limited impact on normal business activities or has a „arJ. ._; : ,; I work -around. 7 Vol. ___��_�-�-- Pg• 127 SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 ServiceRequest Defntions,3L Priority �v� �.-.S.S.4�.n.. 0Th Requesthaving limited effect on non -critical business activities 3.3 ECS Extension Service The ECS Extension Service provides a block of development hours that can be used to modify or enhance the Cloud Supported Pillars. Consultants will work with the County to provide an estimate to complete the County's development requests. Once the development estimate is accepted by the County, then Consultants and County will agree on the timeline and implementation plan and complete their respective responsibilities. Development examples include extension of the existing system, building new integrations, enabling new reports, expanding functionality, or completing system upgrades. 4. Assumptions • County is responsible for possessing a valid subscription to Oracle Cloud for the Supported Cloud Pillars during the Term of this SOW. • County is responsible .for providing access to County Production and Non -Production environments. • County will grant permission for Consultants support teams to log Service Requests with Oracle on County's behalf. County will remain responsible for any costs incurred for Oracle Service Requests logged on their behalf to resolve support issues. • No travel is anticipated but if it is required, County will provide prior written approval for travel authorization. • County is responsible to perform end -to -end regression or other necessary testing and validation for the Oracle quarterly releases. • . If the changes in a quarterly release require additional development and there are not enough hours remaining in the ECS Extension Service budget, then Consultants will recommend to the County to execute a Change Order. 5. Term The initial term of this SOW (the "Initial Term") shall commence on June 1, 2023, and shall continue through May 31, 2024. Upon expiration of the Initial Term, the service shall be automatically extended -- on an annual basis ("Renewal Term") with a 3% annual fee increase, unless either party cancels in accordance with "Section 4. Cancellation" below. The Initial Term and all Renewal Terms are collectively referred to as the "Term." S. Cancellation County may cancel this SOW at any time during the Initial Term or a Renewal Term by providing ninety (90) days' prior written notice. In such an event, the County will be responsible for the sum of one hundred percent (100%) of all fees for the remainder of the Initial Term or Renewal Term. ("Cancellation Fee"). The Cancellation Fee will be due and payable within 30 days of the termination date. VOL 3 9 9 Pg. 12 8 SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 7. Deliverables The monthly Deliverable to be completed for this SOW will consist of a report that details the work activities for the prior month and upcoming plans. ECS Monthly Report • ECS Application Update Service — Previous and upcoming quarterly releases including outcomes, schedule, new features and action items. • ECS Support Service — Disposition of tickets including actions, owners, status, counts and trending. • ECS Extension Service — Plans, actions, status, and owners for agreed upon development efforts including hours budget balance. • Future Roadmap — Plans, actions, status, and owners for other future activities 8. Pricing The following table represents the invoicing schedule starting June 1st, 2023. Invoicing will be monthly in arrears, throughout the duration of this contract. The Deliverable and Payment Schedule fee structure is based on acceptance of the Deliverable, by County as documented in Section 10 and the following: 1. ECS Application Update Service 2. ECS Support Service • Eight (8) tickets per month across all Supported Cloud Pillars ;CS Unused tickets cannot be carried over to the next month. 3. Extension Service • 75 hours of development per quarter across all Supported Cloud Pillars. • Consultants will provide monthly accounting of used hours and the estimated hours for any agreed upon future work. • Unused hours expire at the end of each quarter and cannot be carried over to the next quarter. Deliverable Schedule (Monthly Arrears) Price Deliverable for Month 1 $18,983 Deliverable for Month 2 $18,983 Deliverable for Month 3 $18,983 Deliverable for Month 4 $18,983 Deliverable for Month 5 $18,983 Deliverable for Month 6 $18,983 9 Vol. 399 SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 Deliverable Schedule (Monthly Arrears) Price Deliverable for Month 7 $18,983 Deliverable for Month 8 $18,983 Deliverable for Month 9 $18,983 Deliverable for Month 10 $18,983 Deliverable for Month 11 $18,983 Deliverable for Month 12 $18,983 Total Fees for the Initial Term' $227,796 'Excludes any overages Optional Additional Services 1. ECS Support Service: Tickets in excess of the quantity provided in the ECS Support Service above will be invoiced based on the priority level set by Consultants per the amounts shown in the table below. The fee for tickets in excess of the monthly contracted amount noted above will be invoiced on the next monthly invoice. Priority Level PriceZ P1 $3,162 P2 $2,587 P3 $1,437 P4 $1,150 2. , ECS Extension Service: Hours in excess of the above will be invoiced by Consultants and paid by PMCS at the rates listed in the following table. The overage will be invoiced on the next quarterly invoice. Resource Type Price India Based $80 US Based $258 2 Rates increase by 3% beginning January 1 of each year during the term of the SOW 10 Vol. 3 9 9 Pcg. 13 0 SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 9. Invoices Payments. will be made in accordance with Appendix A of the Contract. 10. Deliverable Expectation Document Consultants will provide a status report deliverable to the County documenting.the progress of work throughout the duration of the services. The status reports would include the submission of the Status Report deliverable at the completion of each month's services. County would accept the deliverable as complete upon receipt of the Status Report containing the content described in this Deliverable Expectation Document (DED): Fee. EG MonthCeraDlyReviewtuelus `—�£-�-i 3acTi,�t' jt2 k[ciV rs7Y` 4Ra evx" - F ��Report S�Word� x to i�erable rn�aON .}Z2 kit ,..,VIM y �F4i'� ".",i.-,- -DO liverafj(eSbmtssIo A..V4 tr WM Del�verable��teview Perro�d• �� 4 x 74 �"��]'. •r-v.+i"rF.•'�`Y •" 4 .St �`" ,� ; � „y^z: ' t k. ,si 17elroerableCorp�etioneg .. ..� � '^-- %� kc' �� v � .� v, �""�.xZ ..e �;,�,. a. Bt�Y.�`sa`7.s+d��.. ��.rS._'��,.�'-.3�:�tx"�.'`. 'S'. {...._`��`�f-•''tea} + 4 '..1 a.;5t�t+' i Y a.+yP�'.'i' .•-t' S",. Delivecable ccepiance Criteria• '! <� g y„ `S.Kfryr-trys�4�'"; <3#1 3 ...� wGri' d yJ4tE �Fo month, the Can itanis hall submit a CS St tus Report. a rovide�County informa#�o a �_ aboutthe senJtces completed auringFth 4 � � x 3 t o1nth - 3 z� a i. ac'} e-.cgs'.?o=,:.: ._..:'v.-.�" _fir {s ,.;` i`4"f r'.r, °x.. �^ve?G; w"a_??^h`a's•jb+x..�.v.._...'#_ _..bi.. �`w" +�s�i�.F.�`�hixT.�{ ,Li. + County Check -off Specific Content of Clarifying Description of of Specific Deliverable , Deliverable Content Elements (for use during review Report of activities from Description of work activities ❑ Yes ❑ No the month accomplished during the month Metrics Report of key metrics representing work ❑Yes El completed during the month No Recommended work for Based upon the County's priorities, and El Yes El the next month Report of activities from the prior month, No recommendations to the County of work for the next month Issues and Risks Report of issues and/or risks identified ❑ Yes ❑ as a result of work during the sprint No 11.Scope Changes i t Vol. 3 9 9 pg. � 3 SOW between Brazos County and PMCS Services,lnc. Extended Cloud Service Date: June 1, 2023 Any and all changes in the cost, scope of services, deliverables, and their delivery dates shall be introduced as a written Change Order to this SOW that shall be executed by COUNTY and by Consultants before such changes are binding. If there is no such execution, such changes may be held to be invalid. 12 Vol. 3 9 9 pg. 132 SOW between Brazos County and FMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 12. Basic Safeguarding of Covered Contractor Information Systems Addendum 1- Basic Safeguarding of Covered Contractor Information Systems is attached to this SOW and incorporated herein by reference. 13 Vol. 3 9 9 pg. 3-3 SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 IN WITNESS WHEREOF, the parties have so agreed. Accepted By: Brazos County Accepted by: PMCS Services, Inc. Name: oI. A N E (DcT,�. Name: Andrew R Smetana Title: Cy U. 0 T,( 2LL D& t� Date: s ( a-? j a Title: Managing Director Date: 5/12/23 14 Vol.3 3 9 3. SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 Addendum 1 to STATEMENT OF WORK BASIC SAFEGUARDING OF COVERED CONSULTANTS INFORMATION SYSTEMS (A) Safeguarding requirements and procedures. (1) Consultants and County shall apply the following basic safeguarding requirements and procedures to protect County data as follows: The County will provide Consultants the necessary access to the County system. and limit information system access to users authorized by the County, and Consultants and its employees will follow County procedures as to such access. The County will provide Consultants the necessary access to the County system as to the types of transactions and functions that County authorized users are permitted to execute and. Consultants will follow County procedures as to such access. The County will verify, control/limit connections to and use of external information systems in its allowing Consultants access to the County system. (xiii) Provide protection from malicious code. (xiv) Update malicious code protection mechanisms when new releases are available. (xvi) All Consultants -employees that work with County data will need to take cyber security training at least yearly. (2) Data Breach. The Consultants must notify the County by telephone and email not later than 1 business day after Consultants become aware of a suspected breach of County data. In connection with such a suspected breach of which Consultants becomes aware, then the Consultants will cooperate with the County's request to investigate and resolve the incident in. a timely manner. (3) Consultants Agreement Breach. If a data breach results from Consultant's negligence, Consultants must: 1. Notify individuals, regulators and all others if required of Consultants by Identity Theft Enforcement and Protection Act in the Texas Business and Commerce Code Chapter 521 Unauthorized Use of Identifying Information or other applicable laws. 2. Send the County written findings and remedial measures taken by Consultants from the data breach. 6 Vol. 399 Pg 135 SOW between Brazos County and PMCS Services, Inc. Extended Cloud Service Date: June 1, 2023 (4) Other requirements. This clause does not relieve the Consultants of any other specific safeguarding requirements required by law. (B) Subcontracts. The Consultants shall include the substance of this clause, including this paragraph (c), iri subcontracts under this contract in which the subcontractor may have Federal contract information residing in or transiting through its information system. (C) Consultants Safeguarding Agreement. The Consultants shall apply basic safeguarding requirements and- procedures to protect County data not intended for public release, which is provided by or generated for the County. (D) Definitions. Definitions are found at https://www.law.comell.edu/cfr/text/48/52.204-21. Vol. 7 Brazos County l i Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 361-4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: May 1.8, 2023 RFQ NUMBER: 23-600 TITLE: Bond Related Engineering Design Services REQUESTING DEPARTMENT: Purchasing APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: W A-( Q,3 f Q d aZ? AGREEMENT BETWEEN COUNTY AND PLAN NORTH ARCHITECTURAL CO. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the day of AMY , 2023, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste, 332 Bryan, Texas 77803 and the PLAN NORTH ARCHITECTURAL CO. ,(Architect): 107 S. Baylor Street Brenham,TX 77833 for the following PROJECT: Brazos County to contract with an architectural firm to complete the design after the feasibility study with Architect for remodel of select areas of the Brazos County Administration Building, currently located at 200 S. Texas Ave., Bryan, Texas, in areas mentioned. below: Sanctuaiy area, creating training areas, for multiple spaces of different sizes to accommodate various group sizes with multi -levels for fixture build out. North Wing, creating new office space for the Human Resources Department, including offices, reception/entry waiting area, conference/training room. Elevator, adding an elevator to the atrium in already structural built space for additional support to the second and third floors. The COUNTY and (Architect) agreb as set forth below. ARTICLE I (Architect) RESPONSIBILITY LI (ARCHITECT)'S SERVICE 1.1.1 The (ARCHITECT)'S services consist of those services performed by the (ARCHITECT),. (ARCHITECT)'S employees and the (ARCHITECT)'S consultants as enumerated in Articles 2 and 3 of this Agreement, 1.1.2 The (ARCHITECT)'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The (ARCHITECT) shall submit for the COUNTY'S approval, a schedule for the performance of the (ARCHITECT)'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits Agreement B.chaeen County and (ARCHITECT) Pape I or I9 Vol. 399 Pg. 138 �� established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the (ARCHITECT) or the COUNTY. ARTICLE H SCOPE OF (ARCHITECT)'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The (ARCHITECT)'S Basic Services consist of those described in attached Exhibit "A' Feasibility Study of 21 Floor North Wing Alterations and Feasibility Study of Sanctuary Alterations and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY PLAN NORTH ARCHITECTURAL CO., TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL ' 3.1.1 The services described in attached Exhibit "1" as Additional Services are not included in the Basic Services. -It is expressly understood and agreed that (ARCHITECT) shall not furnish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2.1 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "I", shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "1". 3.1.2.2 It is expressly understood and agreed that the (ARCHITECT) shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria, 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the (ARCHITECT) in order to avoid unreasonable delay in the orderly and sequential progress of the (ARCHITECT)'S service. Agreement Between County and (ARCHITECT) _ Pnge?9 Vol. 399u Pg. 13 9 4.4 The COUNTY shall give prompt written notice to the (ARCHITECT) if the COUNTY becomes aware of any fault or defect in the Project or non-conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the (ARCHITECT), obtain advice of -an attorney, insurance Couinselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the (ARCHITECT). 4.6 The proposed language of certificates or certifications requested of the (ARCHITECT) or the (ARCHITECT)'S consultants shall be submitted to the (ARCHITECT) for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit I incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE (ARCHITECT). ARTICLE V PROJECT COST 5. i DEFINITION 5.1.1 The Project Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the (ARCHITECT). 5.1.2 The Project Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the (ARCHITECT), plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Project Cost does not include the compensation of the (ARCHITECT) and the (ARCHITECT)'S consultants, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILI.TY FOR PROJECT COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Project Cost and detailed estimates of Project Cost, if any, prepared by the (ARCHITECT), represent the (ARCHITECT)'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the (ARCHITECT) nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the (ARCHITECT) cannot and does not warrant or represent that bids or negotiated prices will not vary from the COUNTY'S Project budget or,from any estimate of Construction Cost or evaluation prepared or agreed to by the (ARCHITECT). Agreement Between County and (ARCHITECT) Pa e 3 or 19 Vol. 399 Pg. 140 ARTICLE VI USE OF (ARCHITECT)'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the (ARCHITECT) with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The (ARCHITECT) may retain one set of reproducible copies of the documents and these copies shall be for the (ARCHITECT)'S sole use in preparation of studies or reports for the COUNTY. The (ARCHITECT) is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the (ARCHITECT) pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the (ARCHITECT) for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the (ARCHITECT). Any such verification or adaptation will entitle the (ARCHITECT) to further compensation at rates to be agreed upon by the COUNTY and the (ARCHITECT). 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the (ARCHITECT)'S reserved rights. ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the (ARCHITECT) shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the (ARCHITECT) in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the (ARCHITECT) may terminate this Agreement by giving written notice. 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the (ARCHITECT) may, Agreement Between County and (ARCHrrECT) Page 4 of 19 Vol. 9 pg. 141 rp after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the (ARCHITECT) in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the (ARCHITECT) for services and expenses, the (ARCHITECT) may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the (ARCHITECT) receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the (ARCHITECT) shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the (ARCHITECT), the (ARCHITECT) shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. 7.8 TERMINATION BY THE OWNER FOR CAUSE 7.8.1 The Owner may terminate the Contract if the (ARCHITECT): 7.8.1.1 persistently or repeatedly refuses or fails to adhere to the schedule approved by Brazos County; 7.8.1.2 fails to malce prompt payment to Subcontractors in accordance with the respective agreement between the (ARCHITECT) and the Subcontractors; 7.8.1.3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or; 7.8.1.4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 7.8.2 When any of the above reasons exist and the Owner believes that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the (ARCHITECT) seven (7) days written notice, terminate employment of the (ARCHITECT) and may, subject to any prior rights of the surety: 7.8.2.1 take possession of any and all drawings, notes, plans, specifications, or other documents produced for this contract by the (ARCHITECT); 7.8.2.2 accept assignment of subcontracts pursuant to this contract; and 7.8.2.3 finish the Work by whatever reasonable method the Owner may deem expedient. 7.8.3 When the Owner terminates the Contract for one of these reasons stated, the (ARCHITECT) shall not be entitled to receive further payment until the Work is finished. 7.8.4 If the unpaid balance of the Contract Sum exceeds cost of finishing the Work, including compensation for the Engineer's services and expenses made necessary thereby, such excess shall be paid to the (ARCHITECT)., If such costs exceed the unpaid balance, the (ARCHITECT) shall pay the difference to the Owner. This obligation for payment -shall survive termination of the Contract. 7.9 SUSPENSION BY OWNER FOR CONVENIENCE 7.9.1 The Owner may, without cause, order the (ARCHITECT) in writing to suspend, delay, or interrupt the Work in whole or in part for such period of time as the Owner may determine. 7.9.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption as described in this contract. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent: Agreement Between County and (ARCHITECT) page 5 or i9 Vol. pg, 1412 re 7.9.2.1 that performance is, was, or would have been so suspended, delayed, or interrupted by another cause for which the (ARCHITECT) is responsible; or 7.9.2.2 that an equitable adjustment is made or denied under another provision of the Contract. 7.10 TERMINATION BY THE OWNER FOR CONVENIENCE 7.10.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. 7.10.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience, the (ARCHITECT) shall: 7.10.2.1 cease operations as directed by the Owner in the notice; 7.10.2.2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and 7.10.2.3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders, and enter into no further subcontracts and purchase orders. 7.10.3 In case of such termination for the Owner's convenience, the (ARCHITECT) shall be entitled to receive payment for Work executed and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Construction Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion of Construction. 8.3 The COUNTY and the (ARCHITECT), respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the (ARCHITECT) shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the (ARCHITECT) and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the (ARCHITECT). 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the (ARCHITECT). 8.7 The (ARCHITECT) shall have the right to include representations of the design of the Project, including photographs, among the (ARCHITECT)'S promotional professional Agreement Between County and (ARCHITECT) Page 6 of 19 Vol. � � � pg. 143 materials. The (ARCHITECT)'S materials shall not include the COUNTY'S confidential or proprietary 'information, if the COUNTY has previously advised the (ARCHITECT) in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The (ARCHITECT) agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto and shall use that degree of care and skill commensurate with the (ARCHITECT) profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the (ARCHITECT)'S performance. 8.9 INDEMNIFICATION: (ARCHITECT) shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the (ARCHITECT), its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the (ARCHITECT), or of any person employed by the (ARCHITECT). The (ARCHITECT) shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the (ARCHITECT), its agents or employees. 8.10 LIQUIDATED` DAMAGES: It is acknowledged that the (ARCHITECT)'s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the (ARCHITECT) agrees that liquidated damages may be assessed and recovered by the COUNTY as against (ARCHITECT) and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof, therefore (ARCHITECT) shall be liable to the COUNTY for payment of liquidated damages in the amount of one -hundred dollars ($100.00) for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for, time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and (ARCHITECT) shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. ARTICLE IX PAYMENTS TO THE (ARCHITECT) 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the (ARCHITECT)'S statement of services rendered, or expenses incurred,, payment on account of the Agreement Between County and (ARCHrrECT) Page 7 of 19 I Vol. i 9 9 p9. 4 4 (ARCHITECT)'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the (ARCHITECT)'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the (ARCHITECT) has been found to be liable. 9.4 (ARCHITECT)'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services }performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement; the (ARCHITECT) has been advised by the COUNTY and the (ARCHITECT) frilly understand and agrees, such understanding and agreement being of the absolute essence to -this Agreement, that the total maximum compensation that (ARCHITECT) may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the (ARCHITECT) hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The -COUNTY shall compensate the (ARCHITECT) from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For. Basic Services, as described in Article'2, Basic Compensation shall be computed as follows (In accordance with the attached Exhibit "1" incorporated by refcrcnce hereto, SCHEDULE OF FEES.): 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the (ARCHITECT), as described in Article 3, compensation shall be computed as follows (In accordance with the attached Exhibit "1" incorporated by reference hereto, SCHEDULE OF FEES.): 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the (ARCHITECT), as- described. in Article 3, compensation shall be computed as follows: (In accordance with the attached Exhibit "1" incorporated by reference hereto, SCHEDULE OF FEES.): 10.3.2 Payments shall be made by the COUNTY" in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the (ARCHITECT)'S invoice as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S. designee's approval of the same, provided -that the approval or payment of any such invoice shall -not be. considered to be evidence of performance by the (ARCHITECT) to the point indicated by Agreement Betmen County and (ARCHrrEC'I) Page 8 of r9 6 EVoll� . g such invoice -or of receipt or acceptance by the COUNTY of the work covered by such invoice. ARTICLE XI OTHER CONDITIONS OR SERVICES 11.1 INSURANCE 11.1.1 The (ARCHITECT) shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits. of One Million and No/100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No/100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) self -insured. Such Certificate shall bear the endorsement "Not to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The (ARCHITECT) shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The (ARCHITECT) shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The (ARCHITECT) shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form_ acceptable to the COUNTY. If the (ARCHITECT) has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the (ARCHITECT)'s fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE 11.2.1.1 The (ARCHITECT) shall begin work immediately upon receipt of the Notice -to - Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "I". The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the (ARCHITECT). 11.2.1.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the (ARCHITECT)'S services. Delays beyond the control of the (ARCHITECT) may be cause for extension of this period of service, in which case the (ARCHITECT) shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.2 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the (ARCHITECT)'S services shall be adjusted equitably. 11.3 STATEMENT OF CONFLICTS OF INTREST (IF ANY) 11.3.1 The (ARCHITECT) or key employees may have regarding these services, and a plan for mitigating the conflict(s). Note that Brazos County may in its sole discretion determine whether or not a conflict disqualifies a firm, and/or whether or not a conflict mitigation plan is acceptable. Agreement Between County and (ARCHITECT) Page 9 of 19 Vol. 9 9 P9. 146 1 11.4 SYSTEM FOR AWARD MANAGEMENT 11.4.1 (ARCHITECT) and its Principals shall not be debarred or suspended nor otherwise on the Excluded Partis List System (EPLS) as its principals are not Iisted (or not debarred) through the System for Award Management (wwnv.SAM.gov). 11.5 EQUAL EMPLOYEINIENT OPPORTUNITY (2 CFR 200 APPENDEX II (C) AND 41 CFR §60-1.4(b)) 11.5.1 Except as otherwise provided tinder 41 CRF Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Pant 60-1.3 must include the- equal opportunity clause provided under 41. CFR 60-4.1(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,12535, 2 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Oder 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, .Depatiment of Labor." 11.5.2 41 CFR 60-1.4 Equal opportunity clause. 11.5.2..1 (b) Federally assisted construction contracts. (1) Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contact, loan, insurance, or guarantee 'involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause: 11.5.2.1.1 During the performance of this contract, the (ARCHITECT) agrees as follows: 11.5.2.1.1.1 The (ARCHITECT) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative'action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual oricntation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion; or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the- provisions of this nondiscrimination clause. 11.5.2.1.1.2 The (ARCHITECT) will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. I1.5.2.1.1.3 The (ARCHITECT) will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or other employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an Agreement Betmen County and (ARCHITECT) Page 10 of 19 Vol. 399 Pg 1 4 7 investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 11.5.2.1.1.4 The (ARCHITECT) will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 11.5.2.1.1.5 The (ARCHITECT) will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 11.5.2.1.1.6 The (ARCHITECT) will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 11.5.2.1.1.7 In the event of the (ARCHITECT)'s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible • for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 11.5.2.1.1.8 The (ARCHITECT) will include the portion of the sentence immediately proceeding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 if Executive Order 11246 of September 24,.1965, so that such provisions will be binding upon each subcontractor or vendor. The (ARCHITECT) will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions; including sanctions for noncompliance: 11.5.2.1.1.8.1 Provided, however, that in the event a (ARCHITECT) becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 11.5.2.1.1.8.2 The (ARCHITECT) further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the (ARCHITECT) so participating is a State or local government, the above equal opportunity clause is not applicable to any agency instrumentality or subdivision of such government which does not participate in work on or under the contract. 11.5.2.1.1.8.3 The (ARCHITECT) agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the Agreement Between County and (ARCHrrECT) Page 1 l of 19 Vr,i. 3 9 9 Pg. 14 8 administering agency in the discharge of the agency's primary responsibility for securing compliance. 11.5.2.1.1.8.4 The (ARCHITECT) further agrees that it will refrain from entering into any contract or contract modification subject to Executive Oder 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the (ARCHITECT) agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the (ARCHITECT) under the program with respect to which the failure or refund occurred until satisfactory assurance of further compliance has been received from such (ARCHITECT); and refer to case to the Department of Justice for appropriate legal proceedings. 11.6 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701- 3708) (2 CFR 200 APPENDIX H (E)) 11.6.1 Where applicable, all contracts awarded by the non -Federal entity iri excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at the rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provided that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 11.7 RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (2 CFR 200 APPENDIX II (F)) 11.7.1 If the Federal -award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions. Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 11.8 CLEAN AIR ACT (42 U.S.C. 7401-7671Qq.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387), AS AMENDED (2 CFR 200 APPENDIX II (G)) 11.8.1 Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or Agreement Between County and (ARCHITECT) Page 12 of 19 VOL 3 9 9 Pg 9 4 9 01 I____ -___--...---_-- regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water- Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 11.9 DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689) (2 CFR 200 APPENDIX II (11)) 11.9.1 A contract award (see 2 CFR 180.220) must not be made to parties Iisted on the governmentwide exclusion in the System for Award Management (SAM), in accordance with the OMB guidelines a 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 11.10 BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. 1352) (2 CFR 200 APPENDIX II (1) AND 24 CFR §570.303) 11.10.1 (ARCHITECT)s that apply or bid for any award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. 11.11 SEE 2 CFR §200.323. (2 CFR 200 APPENDIX II (J)) 11.12 SEE 2 CFR §200.316. (2 CFR 200 APPENDIX II (K)) 11.13 SEE 2 CFR §200.322. (2 CFR 200 APPENDIX R (L)) 11.14 The Federal awarding agency must establish conflict of interest policies for Federal awards. The non -Federal entity must disclose in writing any potential conflict of interest to the Federal awarding agency or pass -through entity in accordance with applicable Federal awarding agency policy. (2 CFR 200.112) 11.15 The Federal awarding agency and the non -Federal entity should, whenever practicable, collect, transmit, and store Federal award -related information in open and machine- readable formats rather than in closed formats or on paper in accordance with applicable legislative requirements. A machine-readable format is a format in a standard computer language (not English text) that can be read automatically by a web browser or computer system. The Federal awarding agency or pass -through entity must always provide or accept paper versions of Federal award -related information to and from the non -Federal entity upon request. If paper copies are submitted, the Federal awarding agency or pass - through entity must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to Agreement Sehveen County and (ARCHITECT) Page I3 of 19 y, Vol. 3 9 9 pg. 150 �,�%% periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. (2 CFR 200.336) 11.16 CONTRACTING WITH HUB, SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. (2 CFR 200.321) 11.16.1 The non -Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 11.16.2 Affirmative steps must include: 11.16.2.1 Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 11.16.2.2 Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 11.16.2.3 Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 11.16.2.4 Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 11.16.2.5 Using the services and assistance as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and 11.16.2.6 Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i) through (v) of this section. 11.17 Financial records, supporting documents, statistical records, and all other non -Federal entity records pertinent to a Federal award must be retained for a period of three (3) years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass -through entities must not impose any other record retaining requirements upon non -Federal entities. (2 CFR 200.334) They only exceptions are the following: 11.17.1 If any'litigation, claim, or audit is started before the expiration of the three-year period, the records must be retained until all litigation, claims, or audit findings involved the records have been resolved and final action taken. 11.17.2 When the non -Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversite agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period. 11.17.3 Records for real property and equipment acquired with Federal Funds must be retained for three (3) years after final disposition. 11.17.4When records are transferred to or maintained by the Federal awarding agency or pass - through entity, the three-year retention requirements is not applicable to the non -Federal entity. 11.17.5 Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. 11. 17.6 Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate Agreement Between County and (ARCHrTECT) Page 14 of 19 E 39 Pg. computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 11.17.6.1 If submitted for negotiation. If the proposal, plan or other computation is required to be submitted to the Federal Government (or to the pass -through entity) to form the basis for negotiation of the rate, then the three-year retention period for its supporting records starts from the date of such submission. 11.17.6.2 If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass -through entity) for negotiation purposes, then the three-year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. 11.18 CONTRACTS WITH COMPANIES ENGAGED IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATION PROHIBITIED (TEXAS GOVERNMENT CODE 2252.152) 11.18.1 A governmental entity may not enter into a governmental contract with a company that is identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153. The term "foreign terrorist organization" in this paragraph has the meaning assigned to such a term in Section 2252.151(2) of the Texas Government Code. 11.19 PROVISION REQUIRED IN CONTRACT (TEXAS GOVERNMENT CODE 2271) 11.19.1 In between a governmental entity and a company with then (10)1or more full-time employees; and 11.19.2 Has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. 11.19.3A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: 11.19.3.1 Does not boycott Israel; and 11.19.3.2 Will not boycott Israel during the term of the contract 11.20 The contract award is contingent upon the receipt of ARP Act funds. If no such funds are awarded, the contract shall terminate. 11.21 Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. (42 U.S.C. 6201) 11.22 TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 11.22.1 The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. §2000d et seq) as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. Agreement BetweenCounty and (ARCHUECT) 39 Page 15 of 19 Vol. Pg. 11.23 THE FAIR HOUSING ACT, TITLE VIII OF THE CIVIL RIGHTS ACT OF 1968 (42 U.S.C. § 3601 ET SEQ.) 11.23.1 Which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. 11.24 AGE DISCRIMINIATION ACT OF 1975 11.24.1 The (ARCHITECT) shall comply with the Age Discrimination Act of 1975 which provides that no person in the United States shall on the basis of age be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 11.25 AMERICANS WITH DISABILITIES ACT 11.25.1 (ARCHITECT) shall not discriminate against a qualified individual with a disability and shall comply with the Americans with Disabilities Act, P.L. 101-336, 42 U.S.C. 12101 et seq. and any property promulgated rules and regulations related thereto. 11.26 CONFLICTS OF INTREST 11.26.1 GOVERNING BODY 11.26.1.1 No member of the governing body of the County and no other officer, employee, or agent of the County who exercises any functions or responsibilities in connection with administration,, construction, engineering, or implementation of award between the Department of Treasury and the County, shall have any personal financial interest, direct or indirect, in the (ARCHITECT) or this Contract; and the (ARCHITECT) shall take appropriate steps to assure compliance. 11.26.2 OTHER LOCAL PUBLIC OFFICIALS 11.26.2.1 No other public official, who exercises any functions or responsibilities in connection with the planning and carrying out of administration, construction, engineering, or implementation of the ARPA award between the Department of Treasury and the County, shall have any personal financial interest, direct or indirect, in the (ARCHITECT) or this Contract; and the (ARCHITECT) shall take appropriate steps to assure compliance. 11.26.3 THE (ARCHITECT) AND EMPLOYEES 11.26.3.1 The (ARCHITECT) warrants and represents that it has no conflict of interest associated with the ARPA award between the Department of Treasury and the County of this Contract. The (ARCHITECT) further warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may benefit from the ARPA ward between the Department of Treasury and the County or in any business, entity, organization, or person that may benefit from the award. The (ARCHITECT) further agrees that it will not employee an individual with a conflict of interest as described herein. 11.27 ACCESS TO RECORDS 11.27.1 The U.S. Department 'of Treasury, Inspectors General, the Comptroller General of the United States, and the Texas Division of Emergency Management and the County, or any of their authorized representatives, shall have access to any documents, papers, or other records of the (ARCHITECT) which are pertinent to the. ARPA award, in order to make audits, examinations, excerpts, and transcripts and to closeout the County's ARPA" contract with the Department of Treasury. Agreement Bebveen County and (ARCHITECT) Page 16 of 19 Vol. 399 Pg. 153 11.28 RETAINAGE OF RECORDS 11.28.1 Grantees or subgrantees must retain all required records for three (3) years after grantee or subgrantees make final payments and all other pending matters are closed. 11.29 TERMINATION FOR CAUSE 11.29.1 If the (ARCHITECT) fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the (ARCHITECT) violates any of the covenants, conditions, agreements, or stipulations of this Agreement, the County shall have the right to terminate this Agreement by giving written notice to the (ARCHITECT) of such termination and specifying the effective date thereof, which shall be at least fourteen (14) days before the effective date of such termination. In the even of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the (ARCHITECT) pursuant to this Agreement shall, at the option of the County, be turned over to the County and become the property of the County. In the even of termination for cause, the (ARCHITECT) shall be entitled to receive reasonable compensation for any necessary services actually and satisfactory performed prior to the date of termination. 11.29.2 Notwithstanding the above, the (ARCHITECT) shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of contract by the (ARCHITECT), and the County may set-off the damages in inedrred as a result of the (ARCHITECT)'s breach of contract from any amounts that might otherwise owe the (ARCHITECT). 11.30 ' TERMINATION FOR CONVENIENCE OF THE COUNTY 11.30.1 County may at any and for any reason terminate (ARCHITECT)'s services and work at County's convenience upon providing written notice to the (ARCHITECT) specifying the extent of termination and the effective date. Upon receipt of such notice, (ARCHITECT) shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities, and supplies in connection with the performance of this Agreement. 11.31 INCREASING SEAT BELT USE IN THE UNITED STATES 11.31.1 Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its (ARCHITECT) to adopt and enforce on -the job seat belt policies and programs for their employees when operating company -owned, rented, or personally owned vehicles. 11.32 REDUCING TEXT MESSAGING WHILE DRIVING 11.32.1 Pursuant to Executive Order 13513, 74 RF 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and (ARCHITECT) to adopt an enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 11.33 SECTION 504 OF THE REHABILIATION ACT OF 1973 11.33.1 As amended (29 U.S.C. §794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. Agreement Beween County and (ARCHITECT) Page 17 or! 9 Vol. ' l,9/y�, This Agreement entered into as of the day and year first wtitten above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on .behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. BRAzos Co ERAS Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: &CPeV'P%- Coc.t..IwSEL- (ARCHITECT) FIRM ri Pncipal �fY PWW"146 Principal Agreement Between County'and (ARCHITECT) Page is or C1 J Vol. 399 pg. f 5 5 ATTAC NT "A" ARCMTECT CONTRACT FOR BRAZOS COUNTY . ADME'USTRATION BUIILDIN(G, FOL L®WI1TG REQUEST FOR QUALIFICATIONS CILP 23-588 Agreement Between Coudty and. (ARCHITECT) Page 19 of 19 Vol. 399 Pcg� . PLAN NORTH ARCi-11*171:,CTURAL CO. Fee and Scope Proposal for Architectural Services for Brazos County RFQ NO. CIP 23-558 Administration Building Remodel Design Services Sanctuary Renovation Prepared May 16, 2023 THE FOLLOWING SERVICES ARE INCLUDED IN THE ARCHITECTURAL FEE FOR THE DESIGN OF THE PROJECT LOCATED AT'zoo South Texas Avenue in Bryan, Texas. The project consists of approximately 17,700 net square feet of existing demolition including the existing baptismal and mezzanine seating. Approximately 22,600 net square feet of new interior construction as well as a new elevator in the existing atrium area. t. During Schematic Design, the Architect's Team will: o Continue architectural work based on Feasibility and Statement of Probable Cost presented o Meet with Local Authorities -to confirm that the concepts are feasible for the city C Produce and present final design concepts o Interview and hold multi -disciplinary meetings with the team of Engineers to confirm that the concepts are feasible and meet code. Enter into contract with this specific team of Engineers on the County's.behalf. 2. During Design Development and Construction Documents; the Architect's Team will develop and coordinate a set of drawings which will include: o ' Architectural Floor Plans o Plan Details o Enlarged Plans for Special Areas o Building Sections as determined necessary by the AOR o Wall Sections as determined necessary by the AOR o Door Schedule/Frame Types A Window Schedule/Frame Types O Interior Elevations o Building Specifications o Interior specifications 3. During Design Development dnd Construction Documents, the Architect's Team will work with the team of Engineering Consultants to complete the set of drawings needed for permitting and construction: • Structural Engineering (included in the Architect's fee). ! Mechanical Engineering (included In the Architect's fee). • Electrical Engineering (included in the Architect's fee) o Plumbing.Engineering (included in the Architect's fee) 1 157 Vol. Pg. • Building and MEP Comcheck (This is a document regpired by law/local building authority to ensure'that the building envelope, Insulation and equipment meet energy code. This is included in the Architect's fee). • Civil engineering is EXCLUDED from this contract due to project needs. Should the scope change and civil engineering become required in order to complete the construction documents, fees for civil engineering is outside this agreement. • TDLR registration and inspections must be provided outside the scope of this agreement and are not included in the Architect's fees. • Asbestos abatement and inspections are outside the scope of this agreement and are not included in the Architect's fees. 4. During Estimating and Bidding periods, the Architect's Team will work with the County as follows: • Provide sealed construction documents for County's use. Documents will be a t00% completion drawing set and a project manual. • Architect's team will provide addenda and clarifications during bidding, as well as assist the County in pulling the building permit. 5. During Construction, the Architect's Team will work with the County as follows: • Monthly visits by Architect's Team to jobsite and at points integral to the progress of construction • Timely response (drawings, email) to questions/concerns • Engineering coordination as needed • Construction Administration (review building completion stages, approve contractor pay applications as requested by the County) 6. Post Construction, the Architect will: • Provide drawings in PDF format to the Owner • Facilitate state inspections for the Owner • Remain available to the owner as a member of their Facilities Team 7. Terms of this contract on all matters not explicitly addressed herein will be the AIA Standard Form of Agreement between Owner and Architect, AIA Document B101, 2017 Version. By signing this proposal, the Owner agrees to the terms In this agreement. Specifically, deliverables required by the Architect to the Owner are based on the AIA Document B1o1, 2017 Version. 8. Compensation for the Services and Products above will be based on the Architect's Statement of Probable Cost until a Guaranteed Maximum Price or Cost of the Work is provided by the contractor. Final compensation for the Architect's services will be adjusted to reflect the Cost of the Work. The Architect's fee as defined In this document will be a lump sum amount of $485,000.00 based on an approximate 7.75%fee of the preliminary estimated Cost of the Work. 9. The Architect's billing schedule is as follows: Schematic Design Phase 15% Design Development 25% Construction Drawings and Permitting 35% F.----.1-- 399 Pg. 15b Bidding/RFP PreparationfEvaluation 5% Construction Observation and Closeout zo% to. PlanNorth acknowledges that io% of the Architect's fee is considered profit. if. Services provided prior to contract execution will be billed hourly at the attached rates; re: Hourly Rates for PlanNorth Positions. Wo Ieted at the County's request prior to agreement signature will be billed to th County a rdingly. Signature: (� Printed Name: Du Aka c?F;-C—gz Representative, Owner. CU LA, N t ( TU' pC0 e) (sp-Aw5 Co u tJ i -{ Date: G 1 a3 j as a.3 Signature: r&" — Printed Name: Principal, PlanNorth: Date: 0,17 VOL 329 Pg .1 5 9 EXHIBIT A: Hourly Rates for PlanNorth Positions, 511612023* *Hourly rates are revised annually Position Rate Principal _(Architect) $275/hour Project Manager $1551hour Senior Project Architect $155/hour Architect $135/hour Designer $12o/hour Construction Services $go/hour Administrative $751hour r a B i 4 Vol. Pg. i - EXHIBIT B: Proposed Sanctuary Renovatlon,Schedule G�. �O I Vol. ___322—. Pg. — PLANNORTa AKCI-IITLCT'URA1. CO. PROJECT SCHEDULE r Existing Brazos County Administration Building - Sanctuary Alterations 2023-25 Feasibility Phase Kick-off rneetirr_-j (Architect field survey and M-bult clocurrtentati7n)_....__ _.._.._...___.__-..__..__ _._ inuary 25. 2023 AsIb-PStos Swvey...-----._._..._.._ .__...._..__ ___.._.... _ .___.._. _ ._..w....__..._ ___.._., .__._._.._._.__.._..._.._ _..__..Mal ch 24 2023 Space P,-opamr n4%i Program of Sees}._....___..._..—_- .::_. ..... ._........ ..... .__......__._._73, ruary 25, 2023 N-LP field ............ -._-_......_..____._.............. _...... _........ _. _.._.._._.__._.,_ ._..._.._..._.._...__. _......._....._February 9 2023 Stakelxk-Lis (r&,4ew 2,nd develop prelin-r ory plans, costs,,arrcl procjrzm of spa_es)._._..._. .......... —..-.-April 4 2023 Feasl_iilr cfxuments to Cotnty_._._._.-.._.:_............. _._._.........._......._._.__..,.__,.__....W.._..._.._.__...._.._... _...._.._.. lvLay II, 20'23 Present Feasi .`lily for Ccrvimissioners App •oval 23. 202 3 Schematic Desian Phase Conceptual Design Review (review and confirm general size and location)..,.._.. __._ _.._.-..__._ ___._.._June 30, 2023 Program of Requirements (develop space Architectural and MEPT systems) _ _.._ _ _._._June 30, 2023 Existing Floor Slab Coring Test/ Investigation (Facilitate Proposal to Ceunry)_.__.__.___..___.____..__.dune 30, 2023 Schematic Design Review Meeting (confirm PdR doctrment5)...._.__._.;__ ___.._..._.._ __._ .____. _..._July 18, 2023 Schematic Design Documents to County.._._,. _.._.__._ _.._......_._ ......... ._._._.._.._...._..__...._.,_._.._._August 3, 2023 Present -Schematic Design for Cammissieners Approval_........... ............ _._M........... _..__Aucyust 8, 2023 DeGen Development Phase Pre -Development Meetrrig w/ City of Bryan .___..._.__._.---_..._..._..._ ._......... _.__.__....__.._._..August 17, 2023 Departmental Review Meetings (in-depti-i meetings with end users)___.: _._ _..__.._.:_.._..__.:._.._August 17 24 2023 Program of Requirements, Cost and Schedule Revew..._._._.___._._..._._._._.._.._.._.____.._._.._..._._..._.._.._.. _August 24 2023 Audo-Visual & Technology meeting (w/ A/V consultant) ...._.___._.._._._._...._._..._...-..-..-;_-._..__......__._.August 31.2023 Security rand Safety Meeting (to discuss all related security design considerations) ............ -_.-._.._....August 31, 2023 MEPT Systems Meeting with County (Outline Specifications) .__......... _ _ .. __.__� _. .._._.__ __ ._.August 31, 2023 Existing Floor Slab Coring. Test/ Investigation (Complete},__: _ __ _._.___.___.._._..._._ ._._ .. ..._.__.___..August 31. 2022 Design Development Review Meebhq (confirm PoR documentsl....... _......... w.-_____.._..__-__._September T. 2023 Design Development Documents to County 28, 2023 Present Mign Development for Commissioners roval.____._.._.___.._.._.__..__.._._.._..__.__---..._..----Crcteber 3, 2023 Construction Documents_ Phase 501. Architectural Model - Send to Consultants .......... ._._.._._...� _._...___.....__._,__Crctober 27, 2023 50'/ Consultant Documents to Architect...,....... _ _...__. _ ___.._._. M November 27. 2028 50% Review Documents to 28.2023 50% Review Meeting (County pard*ants TBD)_._............. ._._ .._ ___.._._._..December 12, 2023 90% Architectural Model - Send to 25, 2024 90'1. Consultant Documents to ...... .... _...February 15. 2024 9W. Review Documents to ...... __..� .____....February 16. 2024 9W. Review Meeting (County Participants TBD)... ��_._. _.__..___..� _ _._ _.._,_.�. ___..March 12.1024 90•/. Review Meerno (multrdistciplme}__._____ ._.__. ___ __.._._ . _._.._ .. _ ____._ _.__ March 13, 2024 1000%-Architectural Model - Send to Constdtants.__._..____,__..,_...... _._._._..__.� _ ...�.__ ____.__�Apri 3,2624 10M. Consultants Issue for Proposal Documents to ArchitectA. 2024 Coordinate Advertisement in News 2024 Issue fu 8.2024 Brazos Canty sa-ctua<y Alwaton Last updated May 15, 2023 r Vol. 9 pg. r PLANNIORTH Aru:rlrrrc;riruAu. C.O. Bidding and Nectotlation Phase Dealer .for Permit to Giy of Bryan._..._._..___.w_.____...._._............ ............. 9.2024 Deliver for TAS ADA Plan Review ....... _�_.._...._._ __ _ __..Apr�7 9.2024 Pre -Proposal Conference fex Contractors _....... _.__._._._.._._.._..._.___._..__.__.._........... _...__..__ .._.._.. ..___ _April i$ 2024 Receive Prol�osals.._____.._._...._.__.._..__._....._..._._..._._..____._..__._........_._...._.__.... .__......_...._._....._ 42024 Proposal Evaluation & 5ecommendation Letter to County.._.... r.._� _._.._._.._..r._. _ ._ _. __ ._ �_..Nlay 7, 2024 Commissioners Approval of 21.2024 Construction Phase Pre-Constrxtion Conference ............... ..._..._._._............. ____ ...... ___..._._..__.____.............._._._...____ M_...]une 3.2024 Construction Duration (173, 2024 - November 14. 2025 Substantial Completiori Date._.._. _.___.._ ____..._..___._._.._.____._....... ___._.__.....__.......... __..... _........ ....... November 14, 2025 avner FF&E and Commissorirx3_._ ___._..._..___ ___...____.._.._...._ _._._....._ .._....._......_...__...__._.__December 18,. 2025 Brazos Cointy SanctuaryAheratim Last Updated May 15. 2023 Vol. `�.,'� P9- EXHIBIT C; Insurance vol. 3 9 9 pg. 6 ACORD® `..� CERTIFICATE OF LIABILITY INSURANCEC DATE (MMIDDIyyYI) 511512023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER Van Dyke Rankin & Company, Inc, 2118 Austin St Brenham TX 77833 CONTACT Amber Lamson PHONE Fax 69 979-6.5636 Arc N 979-836-5059 Eo RESS: amber vand kerankin.com INSURERS AFFORDING COVERAGE NAIC ri INSURER A: Travelers Indemni Co. of CT 25662 INSURED P ANNOR-01 PlanNorth, LLC dba PlanNorth Architectural Co. PO BOX 2468 I4suRER a-. Travelers Prop Cas Co. of America 25674 INSURER C :Underwriters At Lloyds London 15642 INSURER D: Brenham TX 77834 INSURER E INSURER F CnVFRAGES CERTIFICATE NUMBER: 458408718 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 AODL S SH POLICY NUMBER POLICY EFF MMIDO POLICY EXP MIDO LIMITS X COMMERCIAL GENERAL LIABILITY Y Y 600.31<503134.23A7 1/1312023 1H312024 EACH OCCURRENCE I $1.000000 rA CLAIMS -MADE X OCCUR DAM AGETO RENTED 1 SES Men=wCal_ $1,000.000 MED EXP (Any era parson) $ 5,000 PERSONAL & ADV INJURY s t.000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S2.CCC.000 POLICY 0 JERC LOC PRODUCTS-COMPIOP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIASIUTY 600.3K503134.23.47 1/13/2023 1930024 Ea IBIWE�Di1SINGLE LIMB aceld $ 1,000,000 BODILY INJURY (Per parson) $S� ANY AUTO BODILY INJURY (Per accident) $ IX ALLOED SCHEDULED UTOXAUTOS NON -OWNED NIRBD AUTOSAUTOS M PROPERTY DAMAGE a acc' e t $ 0 X UMBRELLA LIAO X OCCUR Y Y CUP•OOSK593548.2347 111312023 1113,2024 EACH OCCURRENCE $1.0m.000 AGGREGATE $1A00.000 EXCESS LIAR I CLAWSAIADE DED I X I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PRO RIETORBER EXCLUDED? ECUTIVE :] (Mandatory in NH) NIA sr-RTUTE I OTH- E.L. EACH ACCIDENT $ E.L. DISEASE. EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ Ors dossbaunder DESCRIPTION OF OPERATIONS below C Professional UabTly Proless anal UablRy ANE1957023.23 1113=23 111312024 Each Claim 81.0001000 All Ctalms Aggregate $2AOO.000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addlilonal Remarks Schedule, maybe attached Itmoranpaeo Is required) Project: Remodel of select areas of the Brazos County Administration Building, currently located at 200 S. Texas Ave., Bryan, Texas, In areas mentioned below: r Sanctuary area, creating training areas, for multiple spaces of different sizes to accommodate various group sizes with multi -levels for future build out. North Wing, creating new office space for the Human Resources Department, including offices, receptlonlenlry waiting area, conferenceltraining room, i Elevator, adding an elevator to the atrium in already structural built space for additional support to the second and third floors. See Atlached... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Brazos County, Texas 200 S. Texas Ave. Suite 352 AUTHORIZED REPRESENTATIVE Bryan TX 77803 r-j„ . ,N , A (J ISB8-2014 ACQRU GURF'URA I IUN. All rtgms reserved. ACORD 25 (2014101) The ACORD name and logo are ar of CORD__` Vol. 399 pg. 16 5 C \ ` 1 AGENCY CUSTOMER ID: PLANNOR-01 _ LOC #: AC40RD0 ® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Van Dyke Rankin & Company, Inc. PlanNorth, LLC dba PlanNorth Architectural Co. PO BOX 2468 POLICY NUMBER ,Brenham TX 77834 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 26 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The Owner and Program Manager, its officials, employees, and officers are Included as additional Insured as required by written contract on the General Liability and Umbrella Policies. Wavier of Subrogatlon Is Included as required by written contract on the General Liability and Umbrella Policies. "Not to be canceled without thirty (30) days prior notice to Brazos County, Texas." On the General Liability, Umbrella and Professional Liability Policies. ACORD 1011 (2008/01) I © 2008 ACORD CORPORATION. All riahts reserved. The ACORD name and logo are registered marks of ACORD Vol. �`� pg.� T (% A ORV CERTIFICATE OF LIABILITY INSURANCE DATE 12126/2022 2812 22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER cGONTTAOr Stonehenge Certificates Arthur J. Gallagher Risk Management Services, Inc, 250 Tequesta Odve Suite 308 Tequests. FL 33469 PHONE 5617965027 FAX A/C ,I, E'" Esse GGB.Tequesta.Certs@a)g.com INSURE S AF-FORDiNGCOVERAGE NAiCq INSURER A. -Safety National Casualty Corporation 15105 INSURED Bradford Holding Company, inc. dba UnlqueHR INSURER B : INSURER C : 4646 Corona, Ste. 1 U5 Corpus Chds9, TX 78411 INSURER D INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER:2EBGUNQU 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 RESPECTTO 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 LTR TYPE OF INSURANCE DD D vyUp POLICY NUMBER POLICY EFF DNYYY) POLICY EXP (MMMQPIYM LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCERtNILU S CLAIMS -MADE 7 OCCUR PRg41SES oximence S MED EXP (Anyone person) S PERSONAL SADVINJURY S GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S RPOLICY ❑ jERcOT- LOC PRODUCTS -COMPIOPAGG $ s OTHER, AUTOMOBILE LIABILITY COMB SING acddsnl BODILY INJURY (Per person) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Peraaident) S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE eraccident S S UMBRELLA LiAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLANS -MADE CEO I I RETENTIONS $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUiNE YIN OFPICERIMEMBEREXCLUDED? (Mandatory In NMI NIA SP4057877 12/3112022 IPJ3112023 X I PER OTH- EJ.EACHACg01M S 1,000,000 EJ..DISEASE-EA EMPLOYEE S 1,000,000 If yyeass,, descdbe under DESCRIPTIONOFOPERATIONS betaer ElDISEASE-POUCYLIMIr E 110001000 E S S S DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101,Additional Remarks Schedule, maybe afteched If more apace le required) Workers' Compensation Coverage Indicated above Is Excess of $2,000,000 Self Insured Retention. insured Is a CERTIFIED SELF INSURER In the State of Texas and a member of the Certified Self insurer Guaranty Association. Coverage Is provided to only those employees [eased to but not subtxmtracted to the Altemate Employer, Plan North, LLC. Giant Effective 6131118. Blanket Waiver of Subrogation Applies in Favor of the Certificate Holder as Required by Wdtten Contract. Informational Purposes Only Plan North, LLC 107 S. Baylor Street Brenham, TX 77833 ACORD 25 (2016103) SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITHTHE POLICY PROWSIONS. AUTHORIZED REPRESENTATIVE Page 1 of 5 8 2015-ACARQCCW--CW A1TICM i rI9 The ACORD name and logo are registers marks of ACORD IVol. Pg. S., �' 1838 01 1213 (XWC} ENDORSEMENT SPECIAL NOTICE OF CANCELLATION SERVICE TO SCHEDULED THIRD PARTIES Effebtive 12:01 A.M., Local Time, December 31, 2022 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, the following is hereby understood and agreed: As a special service to the EMPLOYER, the CORPORATION will mail a copy of any written notice of cancellation of this Agreement to the below specified individual(s) or entity(ies). Scheduled Indlvidual(Q_or Entity(les) As required by written contract If the CORPORATION is cancelling for any reason other than non-payment of premium, a copy of such notice of cancellation will be mailed within thirty (30) days prior to the effective date of cancellation. If the CORPORATION is cancelling due to non-payment of premium, such notice of cancellation will be mailed within ten (10) days prior to the effective date of cancellation Notice of cancellation of coverage provided to a certificate holder is a courtesy only. Failure to provide such notice will not extend the cancellation date, negate the cancellation of the Agreement, nor confer any rights or expectations upon the certificate holder, nor subject the CORPORATION, its agents or representatives to liability for failure to provide notice. All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4067877, issued by SAFETY NATIONAL CASUALTY CORPORATION of St Louis, Missouri to BRADFORD HOLDING COMPANY, INC., dated December 31, 2022. SAFETY NATIONAL CASUALTY CORPORATION President Secretary Page2ot5 Vol. Pg' �-- a BGUNQU pp 0324 02 0908 (XWC) ENDORSEMENT ALTERNATE EMPLOYER ENDORSEMENT Effective 12:01 A.M., Local Time, December31, 2022 in consideration of the payment of premium and adherence by both parties to the terms of this Agreement, It is hereby understood and agreed as follows: The insurance provided by the Agreement to which this endorsement Is attached applies to Loss sustained, as described In Section A, Coverage of Agreement, to an Employee of the EMPLOYER while that Employee is performing special or temporary employment with the alternate employer, and at the Location of. Special or Temporary Employment, as each are identified in the schedule below. Coverage for Losses sustained by an Employee of the EMPLOYER will apply as though the alternate employer is insured by the Agreement. The CORPORATION will reimburse the alternate employer for Loss sustained because of liability imposed by the Workers' Compensation Act and Employers' Liability Laws of the States . named in Item 2 of the Declaration in accordance with the limits, terms, and conditions of this Agreement. The insurance afforded by this endorsement is not intended to replace nor does it satisfy the duty of the alternate employer to secure Its obligations under the Workers' Compensation or Employers' Liability Laws. As described in Section M, Other Insurance, the insurance afforded by this endorsement shall apply in excess of and shall not contribute with any other insurance or reinsurance available to the alternate employer. The CORPORATION is not under any obligation to file evidence of this insurance on behalf of the alternate employee with any governments] agency. Remuneration paid to Employees of the EMPLOYER who are temporarily or specially employed by the alternate employer will be included in the determination of the premium paid by the EMPLOYER to the CORPORATION in accordance with Premium and Inspection and Audit Sections of the Agreement. This Agreement may be canceled with no obligation on behalf of the CORPORATION to send notice to the alternate employer. LOCATION OF SPECIAL ALTERNATE OR EMPLOYER ADDRESS TEMPORARY EMPLOYMENT Any person or organization for whom or'for which you may direct your employee, to work as a special or temporary employee, if your agreement with such person or organization specifies In writing that you must provide insurance as described in this endorsement to person or organization, You must keep a record of each such agreement and'fumish it to us when we examine and audit your records that relate to this policy. All work must take place and be completed within the State of Texas. This endorsement will expire on December 31, 2023. PAOe-vf E Page 3 of 5 Vol.J fig' ZE8GUNQU t�7 0324 02 0808 (XWC) ENDORSEMENT (CONTINUED) All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP, 4067877, Issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to BRADFORD HOLDING COMPANY, INC., dated December 31, 2022. Wf Secretary SAFETY NATIONAL CASUALTY CORPORATION President Page 2 of 2 Page 4of5 Vol. 399 pg. ZE8GUNQU 4 0456 00 0113 (XWC) ENDORSEMENT BLANKET WAIVER OF SUBROGATION Effective 12:01 A.M., Local Time, December 31, 2022 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it Is hereby understood and agreed that the Recovegr From Others section of this Agreement is amended to Include the following additional language: The CORPORATION has the right to pursue subrogation recoveries from anyone liable for an injury covered by this Agreement. The CORPORATION will not enforce its right against any person or organization for whom the EMPLOYER performs work under a written contract that requires the EMPLOYER to obtain this agreement from the CORPORATION. All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4067877, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to BRADFORD HOLDING COMPANY, INC., dated December 31, 2022. Endorsement No. 0456 00 0113 (XWC) SAFETY NATIONAL CASUALTY CORPORATION President Secretary Page 5 of a Vol. 399 Pg. 1.71 .►'i1 ZEBGUNQU VJ A 11CH 117EC'1'L' RA i. (-0. Fee and Scope Proposal for Architectural Services for Brazos County RFQ NO. CIP 23-558 Administration Building Remodel Design Services North Wing Prepared May 16, 2023 THE FOLLOWING SERVICES ARE INCLUDED IN THE ARCHITECTURAL FEE FOR THE DESIGN OF THE PROJECT LOCATED AT zoo South Texas Avenue in Bryan, Texas. The project consists of approximately 5,235 net square feet of interior demolition and new interior construction of existing space to allow for the relocation of the HR department. i. During Schematic Design, the Architect's Team will. o Continue architectural work based on Feasibility and Statement of Probable Cost presented m Meet with Local Authorities to confirm that the concepts are feasible for the city o Produce and present final design concepts o Interview and hold multi -disciplinary meetings with the team of Engineers to confirm that the concepts are feasible and meet code. Enter into contract with this specific team of Engineers on the County's behalf. 2. During Design Development dnd Construction Documents, the Architect's Team will develop and coordinate a set of drawings which will Include: o Architectural Floor Plans o Plan Details o Enlarged Plans for Special Areas o Building Sections as determined necessary by the AOR o Wall Sections'as determined necessary by the AO c Door Schedule/Frame Types o Window ScheduleJFrameTypes c Interior Elevations • Building Specifications a Interior specifications 3. During Design Development and Construction Documents, -the Architect's Team will work with the team of Engineering Consultants to complete the set of drawings needed for permitting and construction: • Structural Engineering (included in the Architect's fee). o Mechanical Engineering (included in the Architect's fee) Electrical Engineering (included in the Architect's fee) o Plumbing Engineering (included in the Architect's fee) Vol. 399 6 i g f72 • Building and MEP Comcheck (This is a document required by law/local building authority to ensure that the building envelope, insulation and equipment meet energy code. This is included in the Architect's fee). • Civil engineering is EXCLUDED from this contract due to project needs. Should the scope change and civil engineering become required in order to complete the construction documents, fees for civil engineering is outside this agreement. • TDLR registration and inspections must be provided outside the scope of this agreement and are not included in the Architect's fees. • Asbestos abatement and inspections are outside the scope of this agreement and are not included in the Architect's fees. g. During Estimating and Bidding periods, the Architect's Team will work with the County as follows: • Provide sealed construction documents for County's use. Documents will be a 100% completion drawing set and a project manual. • Architect's team will provide addenda and clarifications during bidding, as well as assist the County in pulling the building permit. 5. During Construction, the Architect's Team will work with the County as follows: • Monthly visits by Architect's Team to jobsite and at points integral to the progress of construction • Timely response (drawings, email) to questions/concerns • Engineering coordination as needed • Construction Administration (review building completion stages, approve contractor pay applications as requested by the County) 6. Post Construction, the Architect will: • Provide drawings in PDF format to the Owner • Facilitate state inspections for the Owner • Remain available to the owner as a member of their Facilities Team. 7. Terms of this contract on all matters not explicitly addressed herein will be the AIA Standard Form of Agreement between Owner and Architect, AIA Document 6101, 2017 Version. By signing this proposal, the Owner agrees to the terns in this agreement. Specifically, deliverables required by the Architect to the Owner are based on the AIA Document B1o1, 2017 Version. - 8. Compensation for the Services and Products above will be based on the Architect's Statement of Probable Cost until a Guaranteed Maximum Price or Cost of the Work is provided by the contractor. Final compensation for the Architect's services will be adjusted to reflect the Cost of the Work. The Architect's fee as defined in this document will be a lumisum amount of $100,000.0o based on an approximate 8.00% fee of the preliminary estimated Cost of the Work. 9. The Architect's billing schedule is as follows: Schematic Design Phase 15% Design Development 25% Construction Drawings and Permitting 35% Vol. �.0 V � 7 3 Pg. i Bidding/RFP Preparation/Evaluation 5% Construction Observation and Closeout 20% lo. PlanNorth acknowledges that lo% of the Architect's fee is considered profit. ti. Services provided prior to contract execution will be bil[ed hourly at the attached rates; re: Hourly Rates for PlanNorth Positions. or . feted at the County's request pr[orto, agreement signat a billed to the ounty acc _ ingly. Signature: Printed Name: �Ui A N (� 1� (� t--T-E Q� Representative, Owner: V�4i 6v�C�i �1/t.�Ji9 C 4✓2US W(,t�`S Date: a 3 Signature: y� Printed Name:' Principal, PlanNorth:/l/1111 /�//2�/` + G j�/i �G✓D%�! ! r Date: 7 �rl�✓ �� Vol. 399 �017A EXHIBIT A: Hourly Rates for PlanNorth Positions, 5/16/2023* *Hourly rates are revised annually Position Rate Principal (Architect) $275/hour Project Manager $1551hour Senior Project Architect $1551hour Architect $135/hour Designer $Tzo/hour Construction Services $9o/hour Administrative $75/hour a 399 vol. pg.175 I Em EXHIBIT B: Proposed North Wing Design Schedule l EVol. 399 pg. PL ANNOT�"'li ARCHITECTURAL Co. PROJECT SCHEDULE Existing Brazos County Administration Building - North Wing Alterations. 2023-24 Feasibility Phase Kick-off weerini j (Architect field surrey and As -built documentation) ........ -._. �,..��nuary 25, 2023 Asbestos ...... ... ............. ._._..................... . ........ 2A 2023 Space Prcgramrning (Workshop - Program of Spaces):.r......... ____.._-...___.__.__.. _,_._.:._...:....__w.....__ 3anuary 25, 2023 NlEP field Q 2023 Stakel-iobers (review and deve!op•preliminary plans, costs, and procjrz�m of s1:a_=es)............... .... _.____.__April 4. 2023 Feasikiky doctr 'ants. to County._._...,„..„„..;_...._.-......_.._._.� _,:.., ._._.,-_ .._..„..._.._ ...-....._...__.........-...._._... iv�a5� 11, 2073 Present Fe ,sb ity for Commissioners Approval ,._.._...__.......�.:..__..,_....._.__,............_.__._..,_._._..._.._._.. ,. ; . i .play 23. 2025 Schematic Design Phase Correptual Design Review (review, and confirm general .size andlocation)15, 2023 Program of Requirements (develop space firi:hitectural and MEPT 5ystxrr»s) __.., _.._...,. _..._r _..:_.._.June 15,. 2023 Schematic Design Review Meeting (confirm PcR documents)...„._....._._...,..: ........ 6,.2023 Schematic Design Documents to. County, 13, 2023 Present Sch natic Design for Comrriissionert Appravi3L..�_...___:.. _._....... ........ _:..... _...._...... .... _.......... July 27, 2023 Design Development Phase Pre -Development Meeting w/ City-ofBryan __.._.___........ _ _..„ _ _.._._.,_ __„. ,„....._._.______ ,_._-_...August 1Q 2023 Departmental Review Meetings (in-depth meetings Wtl-r end .._....... August 3, 2023 Program of Requirements, Cost and Schedule Review _._.......... 4, 2023 Audio -Visual & Technology meeting (w/ A/V col-isultant).::._...,._.__._._..__.._. - _.�._.__.._...� ,.::.._. August A2023 Security and Safety Ivteedr;g (to discuss -all related securiiy,..deslgn considerations).„._...__.__..__.._ August 16,2023 MEPT Systems. Meeting with County (Outline Specificatioias)_.....__:_....._.....__August 16, 2023 Design Development Review Meeting (confirm PcR documents)_.... „..,„....,._ _ _..__... _... ,_„„.August 30, 2023 Design Development Documents to County .,.._ .._....__ _,...-,.:_ _. „„,,.w.,.._......r...._::__September 5,.2023 Present Design Development for Cornmiss!aners 12, 2023 Construction Documents Phase •50% Architectural Model - Send to _,........_.._._..,..___.September 15, 2023 50'/. Consultant Documents to Architect_„._...,-....... 11, 2023 50% Review Documents to County....,........._._,__.._.-_ ........12, 2023 50'/ Review Meeting (County participants iBQ}._._._.._.__._._.._._. _ _ ____. _.. ,_...... _..... —,.-..-...October 19, 2023 90Y. Architectural Model -Send to ... ._.... :..Novernber 17, 2023 90Y. Cohn ltant Documents to Architect. .........._.._ .,.,.„.........____._... _........ Z, 2023 90% Review Documents to County____..„..._...... ..... 8, 2023 90% RevieW Meeting (County Participants `FBD, Interior cok)r selections finalised) _ _.._.__._.._...... _January 3.2022 90i Review Meeting (mufti discipG�._ _ . _ .. ._.._.__ _. ._ _ , .,--.�anuary 4, 2023 ion, Archtectural Model - Send to Consultants:.. 100% Consultants Issue for Proposal Documents to Arcl 'tect___.._._ .........__-.., :.:....._:,...February l 2024 Cocidi'rnate Advertisement in News 2024 Issue for Proposals ........ ....... _..._._..-..................... ..... ._................. _ _._._-._ _..._r.- ..._February 5', 2024 Bidding and Negotiation Phase, Brazos Cwniy. •sanctuary Altdadm .Last Updated Mw Q..2023 Vol. ; 3 9 9 p�' PLANORTH Aarfd1TRU19 [It Al. M Deliver for Permit to City of Bryan....._ ....... _._....._._.._.__._ ___._.._...,....._ _ ._...... _._._. _..February 6, 2024 Deliver for TAS-ADA Plan Review _._._...._................ _.._.._ _,_.._..,..,...,...._ ......._..__,_...._.._._..._._._._._... ..February 6, 2024 Pre -Proposal Conference for Contractors ............... __..._.........._..__..._._._.__�_.... _._.. w_ .w February 15.2024 Receive Proposals..........22.2024 Proposal Evaluation & Recommendation Letter to County. ...... _....... _ ___....___.._.._..._._........... ........ ._ N&--►rch 5, 2.024 Com-nissioners Approval of Owner -Contractor ........ __._......_...,......-.._....March 12, 2024 Construction Phase Pre -Construction ............... _ . _._,_.._. ,..._....... ..... .... .............._.March 26, 2024 Construction Duration (7-1/2 ....... _.. . __.._,_. March 26, 2024 - November X 2024 Substantial Con-j:)ledcn Date ._._.._.............___.._............ _...._....... . __�......._....._...__........___.___._._.._....._.._.._Noven�l�r 11, 2024 Owner FF&E and Commissioning......-.__.... --- ...._._........... ._._........... _...December 14, 2024 Vol. :� � � Pa. Brazos G u-,Ly C3rictusry A vazan Last Updated May 15, 2023 EXHIBIT C: Insurance FVol. 7399 Pg. �l `7 bi ACC EP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYYi 5/15/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE, DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polfcy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsemenL A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER Van Dyke Rankin & Company, Inc. 211 S Austin St Brenham TX 77833 CONTACT NA E: Amber Lamson PHONE FAX INC. No, Euti.. 979-836-5636 arc No : 979.836-5059 ADDRESS. amber vand erankin.com INSURER AFFORDING COVERAGE HAIL a INSURER A: Travelers Indemnity Co. of CT 25682 INSURED PLRMR-01 PlanNorth, LLC dba PlanNorth Architectural Co. PO BOX 2466 INSURER B : Travelers Prop Cas Co. of America 25674 INSURER C :Underwriters At Lloyds London 15642 wsURERD: Brenham TX 77834 INSURER E : INSURER F : COVERAGES CERTIFICATE NUM13ER458408718 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. ILTR TYPE OF INSURANCE A S BR mil POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MID MD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 680.3K503134 -2347 1/13/2023 1AT2024 EACH OCCURRENCE S 1,000.000 CLAIMS -MADE FX1 OCCUR DAMAJISES GE TO RENTEDacl g 000.000 MED EXA (Anyone person) $ 5,000 PERSONAL & ADV INJURY $ 1.000,000 ' GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000.000 PPOLICY1:1 JEGT LOG PRODUCTS - COMPIOP AGG $ 2,000,000 ' $ OTHER. A AUTOMOBILE LIABILITY 680-3K503134.23-47 111312023 111312024 007INED SINGLE LIMIT Ea eorlden1 $ 1 000 C00 BODILY INJURY (Per person) $ }( ANY AUTO BODILY INJURY (Per accident) $ ALLOWNED SCHEDULED AUTOS AUTOS PRO PEtirY DAMAGE $ X HIRED AUTOS N AUTOS $ B X UMBRELLA LIAB X OCCUR Y Y CUP-005K593M -23-47 1/13/2023 1113f4024 EACH OCCURRENCE S 1.000,000 AGGREGATE S 1,000,000 EXCESS LIAB CLALti!S-MADE DED I X I RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/O(ECUTIwE OFFICERIMEMSER EXCLUDED? (Mandatory In NH) N ! A ISPTEAHTUTE I ETH E.L.EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ E.LDISEASE-POLICYIWIT $ If yyes, describe under DESCRIPTIONOFOPERATIONS below C IProfessional LIablity ProfesslonalLiabiTay ANE1957023.23 in3/2023 1113024 Each Cfalm $1,000,000 AO Claims Aggregate $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101. Additional Remarks Schedule, maybe attached If more space Is mutrad) Project: Remodel of select areas of the Brazos County Administration Building, currently located at 200 S. Texas Ave., Bryan, Texas, In areas mentioned below: Sanctuary area, creating training areas, for multiple spaces of different sizes to accommodate various group sizes with multi -levels far future build out. North Wing, creating new office space for the Human Resources Department, including offices, receptionlentry waiting area, conferenceltraining room. Elevator, adding an elevator to the'atrium in already structural built space for additional support to the second and third floors. See Attached... Brazos County, Texas 200 S. Texas Ave. Suite 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. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Vol. ____-- Pg. _� �� ACO L----- AGENCY CUSTOMER ID: PLANNOR-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Van Dyke Rankin & Company, Inc. NAMED INSURED PlanNorth, LLC dba P1anNorth Architectural Co. PO BOX2468 Brenham TX 77834 POLICY NUMBER. CARRIER NAIL CODE EFFECTIVE GATE: ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE The Owner and Program Manager, its officials, employees, and officers are included as additional Insured as required by vmtten contract on the General Liability and Umbrella Policies. Wavier of Subrogation is Included as required by written contract on the General Liability and Umbrella Policies. 'Not to be canceled without thirty (30) days prior notice to Brazos County, Texas." on the General Liability, Umbrella and Professional Liability Policies. ACORD 101 (2008/01 0 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Vol. R 9 9 Pg. 1 C Ef�FTIFICATE OF LIABILETY ONSURANCE DA12.t12812022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) 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 confor rights to the certlficdto holder In lieu of such ondorsement s . PRODUCER ArthurJ. Gallagher Risk Management Services, [no. 250 Tequesta Drlva Suite 308fA Tequeste, F133469 CONE CT Storfehenge Certificates Pa c°NEE , 5617405027 Fe Y No EDo as: GGaTCquosle.Corts@ajg,com INSURER AFFORDING COVERAGE NAIC 0 INSURERA:Safe National Casualty Corporation 15105 INSURED Bradford Holding Company, Inc, dba UNqueHR 4646 Corona, Ste.105 Corpus Christi, TX78411 INSURER B : INSURER C : INSURER D: INSURER E INSURER F BMrROM'=Q CPRTIPIrATF NIIMRBR-7I3RGUN0U REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED 14AMEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, 1 TR TYPE OF INSURANCE INSn UBR WVn POLICYNU6SBER POLICY EFF MMIDn POLIC EXP MltUDD •LIMITS COMMERCIAL GEIERALLIABILnY EACH OCCURRENCE S CLAIMS -MADE OCCUR PREMISES Eaaaumnce $ MED EXP (Any one person) S PERSONAL & ADV INJURY $ GEN'LAGCREGATELI50TAPPLIES PEP. GENERAL AGGREGATE $ PROD JOTS-COMPIOPAGG $ POLICY ❑ PRO- LOC JECTS OTHER: AUTOMOBILE LIABILITY EoMaaetlldFenDIBINGLE LIMIT BODILY INJURY (Per Pusan) $ ANYAUTO OWNED SCHEOULED AUTOS ONLY AUTOS HIRED AUTOS ONLYHNUOTNOTWONAYD BODILY INJURY(Peracctdent) $ PRO DAMAGE Per a.edenl S $ UMBRELLA LIAB HOCCIUR EACH OCCURRENCE $ AGGREGATE S' EXCESSLIAD CLAIMS -MACE DED RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LtABlUTY ANY PROPRIETORMARTNERIEXECUTIVE a OFFICERIMEMBEREXCLUDED? (Mandatory In NH) NIA SP406TW 12J3112022 12I3112023 X PER E oTHUT- E.L.EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 EJ.OISlcA5E-POLICYLIMIT $ 11000,000 Ayes, desaibe under DESCRIPTION OF OPERATIONS below 5 S S 1$ $ DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, AddlUonal Remarko Sehodulo, may bo altachod If rrwro apace Is required) Workers' Compensation Coverage Indicated above Is Excess of $2,000,000 Self insured Retention. Insured Is a CERTIFIED SELF INSURER In the State of Texas and a member of the Certified Self Insurer Guaranty Association: Coverage is provided to only those employees leased to but not subcontracted to the Alternate Employer, Plan North, LLC. Client Effective 8/31118. Blanket Waiver of Subrogation Applies In Favor of the Certificate Holder as Required by Written Contract. CERTIFICATE HOLDER liNNIiCLLAI IUIV q SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WRHTHE POLICY PROVISIONS. Informational Purposes Only Plan North, LLC AUTHORIZED REPRESENTATIVE 107 S. Baylor Street i J' Brenham, TX 77833 Page 1 of 6 ©1988 2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marl Vol. .. P'g1. 8 2_ 1838 011213 (XWC) ENDORSEMENT SPECIAL NOTICE OF CANCELLATION SERVICE TO SCHEDULED THIRD PARTIES Effective 12:01 A.M., Local Time, December 31, 2022 In consideration of the payment of premium fand adherence by both parties to the terms of this Agreement, the following Is hereby understood and agreed: As a special service to the EMPLOYER, the CORPORATION will mail a copy of any written notice of cancellation of this Agreement to the below specified Individual(s) or entity(les). Scheduled Individual(g) or Entitya sl As required by written contract If the CORPORATION Is cancelling for any reason other than non-payment of premium, a copy of such notice of cancellation will be malted within thirty (30) days prior to the effective date of cancellation. If the CORPORATION is cancelling due to non-payment of premium, such notice of cancellation will be mailed within ten (10) days prior to the effective date of cancellation Notice of cancellation of coverage provided to a certificate holder Is a courtesy only. Failure to provide such notice will not extend the cancellation date, negate the cancellation of the Agreement, nor confer ` any rights or expectations upon the certificate holder, nor subject the CORPORATION, Its agents or representatives to liability for failure to provide notice. Ali other terms; conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4067877, Issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to BRADFORD HOLDING COMPANY, INC., dated December 31, 2022. SAFETY NATIONAL CASUALTY CORPORATION President Secretary 4 Page 2 of 5 Vol, P g' ZEBGUNQU 0324 02 0908 (XWC) ENDORSEMENT ALTERNATE EMPLOYER ENDORSEMENT Effective 12:01 A.M., Local Time, December 31, 2022 In consideration of the payment of premium and adherence by both parties to the terms of this Agreement, it Is hereby understood and agreed as follows: , The insurance provided by the Agreement to which this endorsement is attached applies to Loss sustained, as described In Section A, Coverage of Agreement, to an Employee of the EMPLOYER while that Employee Is performing special or temporary employment with the alternate employer, and at the Location of Special or Temporary Employment, as each are Identified In the schedule below. Coverage for Losses sustained by an Employee of the EMPLOYER will apply as though the alternate employer is Insured by the Agreement. The CORPORATION will reimburse the alternate employer for Loss sustained because of liability; imposed by the Workers' Compensation Act and Employers' Liability Laws of the States named in Item 2 of the Declaration In accordance with the limits, terms, and conditions of this Agreement. The insurance afforded by this endorsement is not intended to replace nor does it satisfy the duty of the alternate employer to secure its obligations under the Workers' Compensation or Employers' Liability Laws. As described in Section M,� Other Insurance, the insurance afforded by this endorsement shall apply In excess of and shall not contribute with any other insurance or reinsurance available to the alternate employer. The CORPORATION is not under any obligation to file evidence of this Insurance on behalf of the alternate employee with any governmental agency. Remuneration paid to Employees of the EMPLOYER who are temporarily or specially employed by the alternate employer will be Included in the determination of the premium paid by the EMPLOYER to the CORPORATION In accordance with Premium and Inspection and Audit Sections of the Agreement. This Agreement maybe canceled with no obligation on behalf of the CORPORATION to send notice to the alternate employer. 'LOCATION OF SPECIAL ALTERNATE' OR EMPLOYER ADDRESS TE RPORARY EMPLOYMENT MENN_T. Any person or organization for whom or for which you may direct your employee to work as a special or temporary employee, if your agreement with such person or organization specifies In writing that you must provide Insurance as described in this endorsement to person or organization. You must keep a record of each such agreement and furnish it to us when we examine and audit your records that relate to this policy. All work must take place and be completed within the State of Texas. This endorsement will ezplre on December 31, 2023. 9 Page 3 of 6 Vol' pg. -=x—� ZEBGUNQU 0324 02 0908 (XWC) - s ENDORSEMENT (CONTINUED) F i All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' Liability Insurance Agreement No. SP 4067877, Issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to BRADFORD HOLDING COMPANY, INC., dated December 31, 2022. SAFETY NATIONAL CASUALTY CORPORATION President Secretary 1 i Page 2 Page 4 of Vol.p,. 18 5 ZESGUNQU 0456 00 0113 (XWC) ENDORSEMENT BLANKET WAIVER OF SUBROGATION Effective 12:01 A.M., Local Time, December 31, 2022 In consideration of the payment of premium and adherence by both parties 'to the terms of this Agreement, It Is hereby understood and agreed that the Recovery From Others section of this Agreement is amended to include the following additional language: The CORPORATION has the right to pursue subrogation recoveries from anyone liable for an injury covered by this Agreement. The CORPORATION will not enforce its right against any person or organization for whom, the EMPLOYER performs work under a written contract that requires the EMPLOYER to obtain this agreement from the CORPORATION. All other terms, conditions, agreements and stipulations remain unchanged. Attached to and forming a part of Excess Workers' Compensation and Employers' L€ability.insurance Agreement No. SP 4067877, issued by SAFETY NATIONAL CASUALTY CORPORATION of St. Louis, Missouri to BRADFORD HOLDING COMPANY, INC., dated December 31, 2022. Endorsement No. 0456 00 0113 (XWC) SAFETY NATIONAL CASUALTY CORPORATION t-. President Secretary Vol. Pg. _ . Page 5 of 5 MG = I TAX VERIFICATION V.T.C.A.. LOCAL GOVERNME CODE §262.0276 Brazos County shall refuse to enter into a contract or other- transaction with a person wlro owes a debt to the County per V.T.C.A Local Government Code §262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e: Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid. or proposal from the person with the debt shall be considered "non -responsive" and "not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title (Owner, Officer, Director, Manager, fEtc.). W- Vol. � � '� Pg. � �� LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Outer 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://wwNv.sam.gov),,,vhich 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 https1/www.sarn.gov.Tlre 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 2271: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, and 2274.002 Texas Govenunent Code: I. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli - controlled territory, but does not include an action made or ordinary business purposes; and 2. `Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, uicluding a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a frrearrn entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. Company Name- :__ if �C/��%lL&W—nl vile. 41�il MA 1� "MA, 101 Or MOM IN Contract #: C4 V %;� (ea I CERTIF➢LATE OF WTERESTED PARTOES FORM 1295 loft Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2023-1022175 Plan North Architectural Ca. Brenham, TX United States Date Filed: 05/17/2023 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Brazos County, Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. CIP 23-649 Architectural Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Burch, Katie Brenham, TX United States X Burch, Ken Brenham, TX United States X Clements, Blake Brenham, TX United States X 5 Check only if there Is NO Interested Party. ❑ 6 UNSWORN DECLARATION Katie Burch July 2, 1980 My name is ,and my date of birth is My address is 107 S. Baylor Brenham TX 77833 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed In Washington county, State of TEXBS on the 17 day of May , 20 23 (month) (year) kfauthYfiziedd 2,1Wj?hb W44f Signature agent of -contracting Pusipess en ' (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca Vol. �; DocuSign Envelope ID: 887F64ED-31FE-463F-98D4-AEFEOC7CD67F MASTER SERVICEAGREEMENT Agency's Name: Brazos County Constable Pct. 2 (TX) Agency's Address: 200 Texas Ave #151 Bryan, Texas 77803 Attention: Summer Dubec Sales Rep: Blaine Smith Lexipol's Address: 2611 Internet Boulevard, Suite 100 Frisco, Texas 75034 Effective Date: (to be completed by Lexipol upon receipt of signed Agreement) This Master Service Agreement (the "Agreement") is entered into by and between Lexipoi, LLC, a Delaware limited liability company ("Lexipol"), and the department, entity, or organization referenced above ("Agency"). This Agreement consists of: (a) this Cover Sheet (b) Exhibit A - Selected Services and Associated Fees (c) Exhibit B - Terms and Conditions of Service Each individual signing below represents and warrants that they have full�and complete authority to bind the party on whose behalf they are signing -to all terms and conditions contained in this Agreement. Brazos County Pct. 2 ) Signature: Print Name: Q (AA IQ i' Title: CnuNT`( Ti-k c)(0e Date Signed: Jg l as ! a0,23 Lexipol, LLC oocu5igned 6y., ,�cun. �dbS Signature: EOSAE53CE26942A... Print Name: Jan Roos Title: Vice President & General Counsel Date Signed: 5/3/2023 v0I. 399 pg.-. L90 DocuSign Envelope ID: 887F64ED-31 FE-463F-98D4-AEFE0C7CD67F Exhibit'A SELECTED SERVICES AND ASSOCIATED FEES Agency is purchasing the following: •SC.J,�� DESCRiPtl qi"W, UN.IT.PRICE 11, USD 96.00 DISC USD 3.3 I USD 52.80 EXTENDED5 USD 1,483.20 16 Police0ne Academy Annual Rate Per User (12 Months) sd t, -.-T!b.t:a,.,...`,;:, -!�,-A'!O u b SIX 1,483 2 . 0--- INN, i;,i!,1 ;�.Aj IA 1dM. S : M� j;T P Discount: USD 52.80 TOTAL: USD 1,483.20 Initial Term 10/1/23 - 9/30/24 DocuSign Envelope ID: 887F64ED-31FE463F-98D4-AEFEOC7CD67F Exhibit B Terms and Conditions of Service These Terms and Conditions of Service (the `Terms") govern the rights and obligations of Lexipol and Agency under this Agreement. Lexipol and Agency may each be referred to herein as a "party" and collectively as the "parties." 1. Definitions. Each of the following capitalized terms Will have the meaning included in this Section 1. Other capitalized terms are defined within their respective sections, below. 1.1 "Agency" means the department, agency, office, organization, company, or other entity purchasing and/or otherwise subscribing to the Lexipol Services set forth in Exhibit A. 1.2 "Agency Data" means data, information, and content owned by Agency prior to the Effective Date, or which Agency provides during the Term of this Agreement for purposes of identifying authorized users, confirming agency or department information, or other purposes that are ancillary to receipt of the Service. 1.3 "Agreement" means the combination of the cover sheet (signature page); Exhibit A ("Selected Services and Associated Fees"); this Exhibit B; and any other documents attached hereto and expressly incorporated herein by reference. 1.4 "Effective Date" means the date specified on the cover sheet (signature page), or as otherwise expressly set forth and agreed upon by Lexipol and Agency in a writing and defined as the "Effective Date." 1.5 "Initial Term" means the period commencing on the Effective Date and continuing for the length of time indicated on Exhibit A. If not so indicated, the default Initial Term is one (1) year from the Effective Date. 1.6 "Lexipol Content" means all content in any format including but not limited to: written content, images, videos, data, information, and software multimedia provided by Lexipol and/or its licensors via the Services. 1.7 "Services" means all products and services, including but not limited to all software subscriptions, professional services, and ancillary support services, as may be offered by Lexipol and/or its affiliates from time to time. 2. Term; Renewal. This Agreement becomes enforceable upon signature by Agency's authorized representative, with an Effective Date as indicated on the cover page. Unless expressly stated in the "Custom Agreement Terms" section of Exhibit A, this Agreement shall automatically renew in successive one-year periods (each, a "Renewal Term") on the anniversary of the Effective Date unless a party provides written notice of non -renewal to the other party at least sixty (60) days prior to such renewal. The Initial Term and all Renewal Terms collectively comprise the "Term" of this Agreement. 3. Termination. 3.1 For Convenience; Non -Appropriation. This Agreement may be terminated at any time for convenience (including due to lack of appropriation of funds) upon sixty (60) days written notice.' 3.2 For Cause. This Agreement may be terminated by either party, effective immediately, (a) in the event the other party fails to discharge any obligation, including payment obligations, or remedy any default hereunder for a period of more than thirty (30) calendar days after it has been provided written notice of such failure or default; or (b) in the event that the other party makes an assignment for the.benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction. 3.3 Effect of Expiration or Termination. Upon the expiration or termination of this Agreement for any reason, Agency's access to Lexipol's Services shall immediately cease unless Lexipol has, in its sole discretion, provided for their limited continuation. Termination or expiration of this Agreement shall not, however, relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration, including payment obligations. 3 Note: fees paid for Online Services are not eligible for refund, proration, or offset in the event of Agency's termination for convenience as Online Services are delivered in full as of the Effective Date. Fees pre -paid for Professional Services are eligible for refund, proration, or offset to the extent such Services have not been delivered or utilized by Agency. Copyright © Lexipol, LLC 1995-2023 Rev.11 .1.2023 Fol.— Pg. DocuSign Envelope iD: 887F64ED-31FE-463F-98D4-AEFEOC7CD67F 4. Fees; Invoicing. Lexipol will invoice Agency at the commencement of the Initial Term and at the commencement of each Renewal Term. Agency agrees to remit payment within thirty (30) calendar days following receipt of Lexipol's invoice. Payments may be made electronically or by mailing a check to Lexipol at 2611 Internet Blvd, Ste. 100, Frisco, TX 75034 (Attn: Accounts Receivable). Lexipol reserves the right to increase fees for Renewal Terms. All fee amounts stated in Exhibit A are exclusive of taxes and similar fees now in force or enacted in the future. Agency is responsible for all third -party fees (e.g., wire fees, bank fees, credit card processing fees). Unless otherwise exempt, Agency is responsible for and will pay in full all taxes related to its receipt of Lexipol's Services, except for taxes based on Lexipol's net income. 5. Terms of Service. The following terms and conditions govern access to and use of Lexipol's Services: 5.1 Online Services. Lexipol's Online Services include all cloud -based services offered by Lexipol and its partners, affiliates, and licensors. Online Services include, without limitation, Lexipol's Knowledge Management System ("KMS") for policy, Learning Management System ("LMS")z, GrantFinder, and Cordico wellness applications (collectively, the "Online Services"). Lexipol's Online Services are proprietary and, where applicable, protected under U.S. copyright, trademark, patent, and/or other applicable laws. By subscribing to Lexipol's Online Services, Agency receives a personal, limited, non-sublicensable and non -assignable license to access and use such Services in conformity with these Terms. 5.2 Professional Services. Lexipol's Professional Services include all Services that are not part of Lexipol's Online Services, and which require the professional expertise of Lexipol personnel and/or contractors, including implementation support for policy manuals, technical support for online learning, accreditation -consulting, grant writing and consulting', and projects requiring regular input from Lexipol's subject matter experts (collectively; "Professional Services"). Lexipol shall provide all Professional Services in accordance with industry best practices. 5.3 Intellectual Property; License. Lexipol's Services and all Lexipol Content are the proprietary intellectual property of Lexipol and/or its licensors, and are protected where applicable by copyright, trademark, and patent laws. Nothing contained in this Agreement or these Terms shall be construed as conferring any right of ownership or use to Lexipol's Services or Lexipol Content. Notwithstanding the foregoing, Agency may, in limited circumstances (e.g. creation, modification, and updating of Agency's policy manuals) create Derivative Works based on Lexipol's Content and shall retain a personal, non-commercial, non-sublicensable and non -assignable license to use such Derivative Works, including beyond the expiration or termination of this Agreement. "Derivative Works" include all work product based on or which incorporates any Lexipol Content, including any revision, modification, abridgement, condensation, expansion, compilation, or any other form in which Lexipol Content, or any portion thereof, is recast, transformed, or adapted. Agency acknowledges and agrees that Lexipol shall have no responsibility to update Lexipol Content used by Agency beyond the Term of this Agreement and shall have no liability whatsoever for Agency's creation or use of Derivative Works. 5.4 Account Security. Access to Lexipol's Services is personal and unique to Agency. Agency shall not assign or otherwise transfer any such rights to any other person or entity. Except as set forth herein, Agency remains responsible for maintaining the security and confidentiality of Agency's usernames and passwords and the security of Agency's accounts. Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency's account or Agency's usernames and/or passwords. 5.5 Agency Data. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data. Lexipol's Services use the Secure Socket Layer (SSL) protocol, which encrypts information as it travels between Lexipol and Agency. However, data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits to or through Lexipol or the Services is 100% secure. Lexipol's use of Agency Data is limited to providing the Services, retaining records in the regular course of business, and complying with valid legal obligations. 6. Confidentiality. During the Term of this Agreement, each party may disclose information to the other party that would be reasonably considered confidential, including Agency Data (collectively, "Confidential Information"). The receiving party will: (a) limit disclosure of any such Confidential Information to the receiving party's authorized representatives; (b) advise its personnel and agents of the confidential nature of the Confidential Information and of the obligations set forth in this Agreement; and (c) not disclose any Confidential information to any third party unless expressly authorized by the disclosing party. A party may disclose Confidential Information pursuant to a valid governmental, judicial, or administrative order, subpoena, regulatory request, Freedom of 2 LMS Services include, but are not limited to: PoliceOne Academy, FireRescuel Academy, EMS1 Academy, Correetionsl Academy, and LocalGovU. ' Agency is responsible for submitting all information reasonably required by Lexipol's grant writing team in a timely manner and always at least five (5) days prior to each grant application submission date. Agency is responsible submissions of final grant applications by grant deadlines. Failure to timely submit required materials to Lexipol's grant writing team will result in rollover of project fees to next grant application cycle, not a refund of fees. Requests for cancellation of grant writing services which have already begun will result in a 50% fee of the total value of the service. Copyright © Lexipol, LLC 1995-2023 399 Rev.1.1.2023 Vol..Pg. 2 DocuSign Envelope ID: 887F64ED-31FE-463F-98D4-AEFE0C7CD67F Information Act (FOIA) request, Public Records Act (PRA) request, or equivalent, provided that the disclosing party promptly notifies, to the extent practicable, the other party in writing prior to such disclosure so that the other party may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of the Confidential Information. Each party shall be responsible for any breach of this section by any of such party's personnel or agents. The parties may also disclose the fact that they are working together, including for promotional purposes, and include each other's name and logo(s) for such purposes. 7. Warranty. LEXIPOL WARRANTS THAT ITS SERVICES ARE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH PREVAILING INDUSTRY STANDARDS, THATTHEY SHALL BE FiT FOR THE PURPOSES SET FORTH HEREIN, AND THAT SUCH SERVICES SHALL NOT INFRINGE THE RIGHTS OR INTELLECTUAL PROPERTY OF THIRD PARTIES. NOTWITHSTANDING THE FOREGOING, LEXIPOL'S SERVICES ARE PROVIDED "AS -IS" AND LEXIPOL DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, AS WELL AS ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. r" B. indemnification. Lexipol will indemnify, defend, and hold harmless Agency from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense arising directly and solely out of Lexipol's gross negligence or willful misconduct in providing'Services pursuant to this Agreement. Agency shall likewise indemnify, defend, and hold Lexipol harmless from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense arising out of acts or omissions by Agency, Agency's personnel, or any party acting on Agency's behalf. 9. Limitation of Liability. Each party's cumulative liability resulting from any claims, demands, or actions arising out of or relating to this Agreement, the Services, or the use of any Lexipol Content shall not exceed the larger of: the aggregate amount of fees paid to Lexipol by Agency during the twelve-month period immediately prior to the assertion of such claim, demand, or action; or $10,000.00. In no event shall either party be liable for any indirect, incidental, consequential, special, exemplary damages, or lost profits, even if such party has been advised of the possibility of such damages. 10. General Terms. 10.1 Entire Agreement. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by either party that is not embodied herein. Terms and conditions set forth in any purchase order or other document that are inconsistent with or in addition to the terms and conditions set forth in this Agreement are rejected in their entirety and void, regardless of when received, without further action. No amendment, modification, or supplement to this Agreement shall be binding unless it is made in writing and signed by both parties. 10.2 General Interpretation'. The terms of this Agreement have been chosen by the parties hereto to express their mutual intent. This Agreement shall be construed equally against each party without regard to any presumption or rule requiring construction against the party who drafted this Agreement or any portion thereof. 10.3 Invalidity of Provisions. Each provision contained in this Agreement is distinct and severable. A declaration of invalidity or unenforceability of any provision or portion thereof shall not affect the validity or enforceability of any other provision. Should any provision or portion thereof be held to be invalid or unenforceable, the parties agree that the reviewing authority should endeavor to give effect to the parties' intention as reflected in such provision to the maximum extent possible. 10.4 Compliance; Governing Law. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders relating to its obligations pursuant to this.Agreement. This Agreement shall be construed in accordance with, and governed by, the laws of the state in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply. 10.5 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other. Notwithstanding the foregoing, this Agreement may be assumed by a party's successor in interest through merger, acquisition, or consolidation without additional notice or consent. 10.6 Waiver. Either party's failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such right or remedy. 10.7 Notices. Any notice required hereunder shall be in writing and shall be made by certified mail (postage prepaid) to known, authorized recipients at such address as each party may indicate from time to time. In addition, electronic mail (email) to established and authorized recipients is acceptable when acknowledged by the receiving party. Copyright © Lexipol, LLC 1995-2023, Vol. Pg. Rev.1.1.2023 P BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT. Road and Bridge NUMBER: CC2023 Southern Pointe Section 111 Final Plat DATE OF COURT MEETING: 5/23/2023 ITEM: Approval of the Final Plat of Southern Pointe Subdivision Section 111, 5.424 Acres; Sterrett D. Smith Survey, A-210; City of College Station ET.I, Brazos County, Texas. Site is located in Precinct 1. TO: FROM: DATE: FISCAL IMPACT. BUDGETED: DOLLAR AMOUNT ATTACHMENTS: File Name 111 Final Plat piplicalton pdf SOUTHERN POINTE SECTION 111- FINAL PLAT SHEET 1 OF 2.pdf SOUTHERN POWTE SECTION 111 FINAL PLAT SHEET 2 OF 2.adf I Commissioners Court Karen Tyler 05/04/2023 False False $0.00 Description Application for Development Plat - Sheet 1 of 2 Plat - Sheet 2 of 2 Type Backup Material Backup Material Backup Material LAITR07 Duane Peters Date County Judge Vol. 99 Pg. I 9 Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 . Fax: (979 775-0456 Email: PI tsCo)_brazoscountvbc.Aov PLAT APPLICATION SUBJECT PROPERTYINFORMATION APPLICATION DATE':5/4/2023 RESUBMI•ITAL: ❑ YES _ ❑✓ NO PROJECT/ SUBDIVISION NAME:Southern Pointe Subdivision Section 111 PROJECT ADDRESS OR LOCATION:17565, SH-6 S TX LEGAL DESCRIPTION: Sterrett D. Smith League, A-210 IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: N/A NUMBER OF LOTS:0 TOTAL ACREAGE5,424 JURISDICTION: ❑ CITY LIMITS ❑✓ College Station ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs i 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. TYPE OF APPLICATION ❑ MASTER PLAN ❑ SIMPLIFIED PLAT [:]PRELIMINARY PLAN ❑✓ FINAL PLAT ❑ AMENDING PLAT ❑ REPLAT APPLICATION PURPOSE rl MANUFACTURED HOME RV RESIDENTIAL RENTAL COMMUNITY ❑COMMERCIAL ❑ OTHER (Please explain): IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? U YES I✓I NO 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 Fioodplaln 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. r TxDOT RIGHT OF + WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? [:]YES . ❑✓ NO Vol. Pg 9 6 I iRPLIGANTJNA-� FIRM NAME:Schutiz Engineering, LLC CONTACT:Ricky Flores, PE ADDRESS:91 1 Southwest Parkway E CITY:College Station STATE:TX zIP:77845 PHONE: 979,764.3900 FAX: EMAIL: eng@schultzeng -com xr NPA 'UN R 0 T1y rU FIRM NAME:[3V Southern Pointe, Inc. CONTACT:Wallace Phillips ADDRESS: 1140 Midtown Drive cry:College Station I STATE:TX 14[P:77845 PHONE: 979.265.4466 1 FAX: Ilips3@gmall.com A!A ENGINEERIN F, FIRM NAME:Schultz Engineering, LLC CONTAcT:Ricky Flores, PE ADDRESS:911 Southwest Parkway E CITY:College Station STATE:TX ZIP:77840 PHONE: 979-764-3900 FAx:979-764-391 0 EMAIL:eng@schultzeng.com Rh 0 �y �l kn 6 FIRM NAME:Kerr Surveying, LLC CONTACT:Brad Kerr ADDRESS'.409 N Texas Ave CITY: Bryan STATE:TX zIP:77803 PHONE: 979-268-3195 FAX: EMAIL:nathan@kerrsurveying.net FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ---Tzlp: PHONE: FAX EMAIL: PROPERTY OWNER CONSENT AGENT AUTHORIZATION Vol. 399 Pg. 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/Subdivislon of this property. SIGNATURE: Al/c�A TED NAMEMa l lace Phillips DATE: r,1A. 23 8426E4A2aeCD449... SIGNATURE: PRINTED NAME: DATE: i 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 st®ffs recommendation. CALCULATIONSOF MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150 + $10 per lot FINAL PLAT: $200 + $20 per lot. AMENDING PLAT: $100 REPLAT: $200 DATE APPLICATION RECEIVED: I I I DATE APPLICATION RECEIVED / REJECTED: / / SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (If any): ® Three (3) hard copies to Brazos County ® One (1) .pdf copy to Brazos County ® One (1) Awg 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 9 Pg. Every Simplified Plat shall include all of the following: 9 Title Block with the following information: • Name, address, telephone and email address of Subdivider, recorded Owner, Engineer and surveyor. e Proposed name of Subdivision. (Subdivision name & Street names will be approved through the Brazos County 911.) (Replats need to retain original Subdivision name.) • Date of preparation. (Include the date of any revisions on the plat.) • Engineer's scale in feet. • Total area intended to be developed. S Proposed number of Lots to be developed. ® Re -plat or Amending Plat, existing Lot and Block description or Abstract name and number. L North arrow. • Drawn on 24" x 36" sheet to scale of 100-feet per inch or -larger. • Subdivision boundary Indicated by heavy lines. Boundary must include all of Parent Tract. ® All horizontal control and vertical elevations depicted on the plat shall be tied to NAD83 and NAVD 1988 Datum. 19 A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plat. ® All adjacent property Owner's names, deed record, or Subdivision name, Block and Lot number, and existing use. ® All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plat drawing. • County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ® Road names and Right -of -Way width for all Roads. (Existing and proposed) e All existing and proposed plat boundary lines, phase/section lines, and Lot lines with bearings and dimensions. • Utility Services. (Water, wastewater, electrical, natural gas, cable, phone, etc.) L Pipelines: label company with volume and page. ® All certification language as found in Appendix C. • Easements and rights -of -way shall be dedicated to the public. The dedication of all Easements and rights -of -way shall be accomplished free of liens. The dedication shall be accompanied by the Certificate of Ownership and Dedication language found in Appendix C. The Owner's and any lien holder's dedication, and restrictions if any duly acknowledged in the manner required for acknowledgement of deeds, shall also be provided. ® All proposed Easements and existing Easements of record that have a designated route shall be shown on the plat with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. e Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an Extraterritorial Jurisdiction (ETJ), this may be shown on the drawing or Included as a plat note.. ® Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and Vol. 399 Pg. 199 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) A All Subdivision external corners, angle points, points of curvature and points of tangency shall be set by a Registered Professional Land Surveyor (RPLS) before the plat is recorded and shall be a TxDOT "Light Duty Setting" monument with an aluminum or bronze disk as specified in Appendix C of the TxDOT Survey Manual of April 2011. Alternately, 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. ® 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. PR 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. A 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. ® If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. ® A separate drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed),k and culverts (existing & proposed). ® The certification language as found in Appendix C for both the Commissioner's Court approval and the County Clerk's filing certificate shall be located on the face of the plat. These signatures shall be obtained after approval by the Brazos County Commissioner's Court. ® if any Lot within the ,plat will be served by a well or an On -site Sewage Facility (OSSF), a letter must be provided by the Brazos County Health District stating they have examined the plat and that it is in compliance with the Brazos County On -site Sewage Facility (OSSF) Regulations, Construction Standards for On -site Sewage Facility (OSSF) Regulations as published by the Texas Commission on Environmental Quality (TCEQ). This letter must be signed by a representative of the District prior to Final Plat approval. Vol. 399 Pg. 200 ® If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ® If rural route mailboxes are proposed, the plat note as found in Appendix G.2 for placement of such mailboxes shall be shown on the face of the plat. IN 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. 9 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.? on. 3 9 9 Pg 201 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". -' J' O North arrow. ` ❑ Drawn on 24" x 36" sheet to scale of 100-feet per inch or larger. ❑ Subdivision boundary indicated -by heavy lines. Boundary must include all of Parent Tract. ❑ All horizontal control and vertical elevations depicted on the plan shall be tied to NAD83 and NAVD 1988 Datum. ❑ A vicinity map, drawn at a scale appropriate to show all nearby major Roadways and sufficient in detail to identify the location of the proposed plan. ❑ All adjacent property Owner's names,, deed record, or Subdivision name, Block and Lot number, and existing use. ❑ All parcels within the boundary of the Subdivision shall have a Block and Lot number shown on the face of the plan drawing. ❑ County boundaries, City limits, Extraterritorial Jurisdiction (ETJ) boundaries, school district boundaries and Subdivision section and/or phase boundaries. ❑ Road names and Road designation (whether the Road will be public or privately owned), pavement width and Right -of -Way width for all proposed Roads within and all existing Roads abutting the plan. (Proposed and existing) ❑ All existing and proposed plan boundary lines, phase/section lines, and Lot lines with bearings and dimensions. ❑ Utility Services. (Water, wastewater, electrical, natural, gas, cable, phone, etc.) (Existing and proposed.) ❑ Pipelines: label company with volume and page. I Cl 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. El 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-wav shall be accomDiished free of liens. von. 399 pg. 202 ❑ All proposed Easements and existing Easements of record that have a designated route shall be shown on the plan with bearings and dimensions. The Owner shall be responsible for coordinating with all Utility Providers the location of all utility Easements that are shown on the Final Plat. ❑ Building Setback Lines for each proposed Lot as defined herein. For Subdivisions located within an ExtraterritoriarJurisdiction (ETJ), this may be shown on the drawing or included as a plan note. ❑ Metes and bounds description of the property to be subdivided shall be certified by a Registered Professional Land Surveyor (RPLS), describing a beginning point and reciting bearings and distances to a corner of the original land grant survey of which the Subdivision is a part, according to the best available data. (Shown on drawing; not separate description) ❑ Primary control points or descriptions and ties to such control points, to which, later, all dimensions, angles, bearings, Block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the surveyor tract, or an original corner of the original survey of which it is a part.. All boundaries shall be tied to a County control monument. ❑ The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. ❑ The On -site Sewage Facility (OSSF) setback as required by the Brazos County Health District. ❑ The location, zone classification and panel Effective Date of the 100-Year Floodplain as identified on the most current Brazos County Flood Insurance Rate Map (FIRM), published by the Federal Emergency Management Agency (FEMA). ❑ If there are any areas within the plat that Include a FEMA-mapped Floodplain with a Zone A classification, or if there exists within or adjacent to the plat any water courses whose upstream drainage basin is Larger than 64 acres, the plat shall also show the extent of the 100-Year Floodplain as determined by an engineering study under the seal of a Registered Professional Engineer. This study shall be sufficient in scope to determine and establish a °BFE for all points within the plat. ❑ BFE's shall be shown for all points within the plat, as determined by the results of an engineering study. For plats where a FEMA-mapped Floodplain with a Zone AE classification exists within the plat, the BFE established by the accompanying FEMA- published flood study may be substituted for the engineering study. ' ❑ A minimum lowest finished floor elevation (FFE) for Buildings shall be established for each Lot within the plat. This minimum FFE shall be 12-inches higher than the highest spot elevation that is located within five feet outside the perimeter of the Building, or two -feet above the BFE, whichever is higher. ❑ If any areas within the plat include a 100-Year Floodplain (as determined by the results of an engineering study or as established by FEMA), a benchmark shall be established by the Owner within or immediately adjacent to the boundary of the plat. The location, description and elevation of the benchmark are required to be identified on the face of the plat. The elevation of this benchmark shall utilize the same vertical datum as that used in the engineering study to determine the FFE. ❑ A drawing containing both existing and proposed topographic information at 2-FT contour intervals along with the plat boundaries, Easement locations (existing & proposed), and culverts (existing & proposed). ❑ If the plat contains a water well site, there shall be a depiction of the TCEQ separation requirements per Title 30, Part 1, Chapter 290, Subchapter D Rule §290.41. ❑ It is the responsibility of the Owner to assure that the proposed name of the Subdivision is not duplicated. Subdivisions with different sections are considered unique. The Owner shall check with the County Clerk's records for verification. ❑ The Owner shall provide a letter of serviceability from an entity or entities providing water service or a letter stating that no service is available within 300 feet of the Subdivision and certifying that the Lots are suitable for private wells. Vol. 3 9 9 pg.:To U O If entrances or driveways are proposed fronting Texas Department of Transportation (TxDOT) controlled highways, farm -to -market Roads, or others, copies of correspondence with TxDOT are required to be submitted with the Preliminary Plan stating that the general entrance or driveway configuration is within TxDOT's guidelines. Formal approval of the layout from TxDOT is required prior to approval of Final Plat. ❑ For Road widening and drainage purposes the Owner shall dedicate the Right -of -Way. In the case of drainage that is provided for the Lots, it shall be located outside of the Right -of -Way in a private drainage Easement In the case of drainage that is provided for the Roadway, it shall be located within the Right -of -Way. ❑ Indicate the centerline length of each Road in the proposed Subdivision and its design speed. ❑ If the Roads within the Subdivision will be privately maintained, Include the appropriate note(s) per the requirements of Article 8 of these Regulations. ❑ Locations of existing and proposed private alleys. ❑ Locations of existing and proposed public areas. ❑ Locations of other public Improvements, including but not limited to parks, schools and other public facilities. ❑ The location of proposed cluster mailboxes, as required. ❑ All proposed Off -site Easements for infrastructure construction must be shown on the Preliminary Plan. ❑ Proposed phasing. Each phase must be able to stand alone to meet requirements of these Regulations. ❑ Location and size of all existing.and proposed subsurface and surface water drainage facilities, including water bodies on or immediately adjacent to the subject property and detention basins, if needed. ❑ If the proposed Preliminary Plan is to be a .Private Subdivision (containing privately maintained Roads), the title of the plan shall contain the phrase, "A Private Subdivision". Refer to Article 8 for additional requirements. ❑ This check list along with the required copies of the plan shall be submitted to the County Engineer for approval. ❑ Include a description of contributing drainage to the proposed Subdivision. The submittal shall include the area, slope and type of Development in the contributing area. ❑ Drainage narrative in compliance with the BCEDG. ❑ Clearly indicate the method of sanitary sewage treatment and/or disposal such as, but not limited to, municipal sewer service, private sewage disposal system and On -site sewage facilities including the size and location of all proposed sewer mains and manholes. Preliminary grades for each main between manholes and the depth at each manhole shall also be shown. ❑ All existing and proposed water courses or manmade drainage channels shall be located within a Common Area to be maintained by Owner. Vol. 399 pg. 2 0 4 Every Final Plat must include all of the items provided on the Simplified Plat checklist as well as the following; S 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. e 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. e The plat note regarding Owner's responsibilities as found in Appendix G.4, if not contained in the Owner's dedication. S Indicate the centerline length of each Road in the proposed Subdivision and its design speed. e 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. e If the Roads within the Subdivision will be privately maintained, include the appropriate note(s) per the requirements of Article 8of these Regulations. IN Locations of existing and proposed private alleys. IN Locations of existing and proposed public areas. e Locations of other Public Improvements, including but not limited to parks, schools and other public facilities. • All Off -site Easements for infrastructure construction must be shown on the Final Plat with a volume and page listed to indicate where the separate instrument Easements were filed. Separate instrument Easements must be filed prior or concurrently with Final Plat. e 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. e 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. S 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. e 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. 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Dn r �DwliT ] PORIYOE OEGRMINO - _ ^ — _ _m amTDDa D®iND,DIDAu w,m f®iawu ® ea uuR FINAL PLAT ^' SOUTHERN POINTE SUBDIVISION SECTION I11 5.424 ACRES A w VOLUME 16264, PAGE 263 OPRECT SrAE W rEEF STERRETED.SMMI S11RVEY,A•310 COLLEGE Sl•ATION.ORAZOS, TEXAS APu4m], O,VNERR]EVI!I.nPER: SURVEYOR: ENGMER: ➢vxwalaPP �D•�D[vom. WC. �OO�P1n.i PNS?!L NaA,DPW� .APES N>aU1 N Da�11xA�[9r�R N` aiaDDw.Tm,Tr.iLv ,N'"inaT`a1R� lvY,lARm ••��•,�_�� aNPtTIOYx 'N.CI 1' rlYaL�NY4%a) Wminlma� 4I�N �)�ala4r[Yatt aII0 OI M n•MpII S nuNEaP •r9 pm[AnN .. 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IRAZOS.TIXAS stoic r.ry MALL. mL onNF.i�nvr:L��PERr SUISVRYOft: 1NOMFERI YV c......a m�m.yv,mLINL \/��'J,,L�yt 4N1aW Nnbn `d Km, RPL[N•. n11 IOKx•'IfYi vw.rglylu muuma�tw �L r�M4allla NAIN•im1 ,� �r«Nnmuw srirhnon 5116/23, 8:55 AM Item Coversheet H BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Risk Management NUMBER: DATE OF COURT MEETING: 5/23/2023 ITEM: - TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT. ATTACHMENTS: File Name FORM - PROPERTY ACCESS - ZAMORA DESIREE.pdf BROKEN LIMB 2.pdf BROKEN LIMB CLOSE UP.pdf BROKEN LIMB.pdf TREE BRANCH.pdf ZAMORA FENCE AND TREE.pdf Request permission to enter private property owned by Jeremy and Desiree Zamora at 3502 Pioneer Circle to remove tree branches that have fallen onto property. Site is located in Precinct 2. Commissioners Court Leslie Contreras 05116/2023 False . False $0.00 - Description Owner approval of access Pic 1 Pic 2 Pic 3 Pic 4 Pic 5 Type Backup Material Backup Material Backup Material Backup Material Backup Material Backup Material AMR Duane Peters date County Judge Vol. Pg. �1$ httpsJ/brazos.navusagenda.comlage ndaweb/CoverSheet.aspx?Item lD=27366 1/1 gS pK 6 O F T8 NrY Op ��F BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM E. Duane Peters Brazos County Judge Leslie Contreras, Risk Manager Brazos County Risk Management Dept. Steve Aldrich 200 S. Texas Ave., Suite 264 Commissioner Pct. 1 Bryan, Texas 77803 Office: 979-361-4246 Chuck Konderla , Commissioner Pct. 2 Nancy Berry Commissioner Pct. 3 I Wanda J. Watson Commissioner Pct, 4- I. OWNER(S): Jeremy & Desiree Zamora II. ADDRESS: 3502 Pioneer Circle Bryan, Texas 77808 III. LOCATION OF WORK: Property ID 93650, Austin's Colony PH 1, Block 1, Lot 10 - Fence line on the backside of the property bordering the Boonville Heritage Park and Cemetery. IV. DESCRIPTION OF WORK: Request permission to enter property to remove tree branch(s) that has fallen onto property.. This work is being done for the health and safety of the resident. Additional Comments: V. MAINTENANCE: Yes No X IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: N/A I' (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above -mentioned private property for tree removal purposes. Owner's Signature: Owner Printed Name: c�'�.C1�M nOr6s" Date: Vol. 399 Pg. 209 Pie a p io ot if r Y n - a. r �` mar 'i , � "ai }� yd � .. ♦ �` a�' Yi � • � mob. • x^•}.p s u ��• �• F KK V ( _ • �! - � s :�:�.-_ � _ •' fir, � • t � Y� a E -s ,S;a a •�^ f,a*� _ i it, M ngH 'k T 3r r 4_ +` � , � { t '• y �'.�� •4' ,� �, y? ,>.aU it a . u ��. ;�,'. ��ii %!'�{. A..44 �r ._'�•= '^^4. '�. r �'4.�r�5.,r w7'YM. �,,'S .� . + � �.�r F�$� , ,-v "� I!3 a.�{f:. x « ' $f 7 P -.r ,ar"`,•�, a �T�'e°r "• � #. 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' r,.. *_�,-c£ x M1 � � i ,� � rr . $� a -fir , � u ° �'fi � ;� y; ` � ma's -sr+ ., •... ` % Air ,3 -�.� : s.5e �c ,.��1' 4 �'Y,'F'd• � r r , • 1< , �r�i", ' � �Scf'.�> ` tF yx-C'i +�• * •. ,�s �a� � "�'- Yam-, �,� �s.� _� !t§+ 4 >. � y .. _ � +w_� 3k •. -♦ �, r�q'ii i e , i � ,� + ...� � 1 Sig � �''' �^„ � �� . �4.` M4• `r •'1 e Iw - �, - i.r. �"'i%.4 � „�'a �, 1F.. }ll Fi « • r r .fir � � • r r. � k�'�.. ,, k}, x �.. yt .� „. t .rrs °{ y :1 .y .t ��'` ' ''tA;+ d • „• - , s"a t P4 P cR �8��f�•�S'i• k' � �rt • M i, w 0 BRAZOS COUNTY BRYAN, TEXAS V DEPARTMENT. CC 2023 - Right of Way Acquisition Road and Bridge NUMBER: - Jones Road - Martha Ann Williams - 0.378 acre for right of way DATE OF COURT MEETING: 5123/2023 ITEM: Acceptance of a Special Warranty Deed for 0.378 acre of land from Martha Ann Williams to be used for improvements to Jones Road. Site is located in Precinct 4. TO: Commissioners Court FROM: Darrell Kolwes DATE: 05117/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type E:ighLgt_Way Acquisition - Jones Road - Right of Way Acquisition - Jones Road - Martha Ann _Martha Ann Williams! P Backu Material 0.378 acre for ri�htht of way=pdf Williams - 0.378 acre for right of way J AWRO Duane Peters Date 111 County Judge E3V 9 9 pg. 2_ 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 05/16/2023 REQUESTOR. SMITH BRTI-THEY ADDRESS 23210 FM 159 RD NAVASOTA TX 77868 OWNER NAME LEWIS MATTHEW T PROP ID# 395994 REFUND AMOUNT $30.43 REQUESTOR ADDRESS OWNER MAME 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 PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT ND AMOUNT Vol. P9. 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 LEWIS MATTHEW T 23210 FM 159 RD NAVASOTA TX 77868-7080 PROPERTY DESCRIPTION Legal: A004000, E MILLICAN, TRACT 21.44, 14.25 ACRES Address: 23210 FM 159 , Account# 395994 Collecting 'Tax 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 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid ZREFUND_ 2022 04/30/2023 $1719.04 Taxpayer's reason for refund: OP -Overpayment REFUND TO: SMITH BRITTNEY 23210 FM 159 RD A TX 77868-7080 Refund Amount Requested $30.43 bel w and return form to the Brazos County Tax Office. "I pply or the refund of the above -described taxes and certify that the information on this form is true and correct." ID Si ng atur Dat� �L Phone # Email Address If you make a false statement on this application, you could befound guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DEVEMWMATION The tax refun [ roved ]Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date VOL Pg. 21 TAX RECEIPT 05/10/2023 12:25PM ** DUPLICATE ** KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: SMITH BRITTNEY 23204 FM 159 NAVASOTA, TX 77868 �~ ___ReceiptNumba�.�,M�� 3260579 bate Po5 et d 04130/2023 aymentType P ayment Cade . Over/Refund otal Paid.• Property ID Geo _ _ _- i:e�al Acrds- _ � �~ - 'm Owner Name and Address 395994 1004000-0021-0044 14.2500 LEWIS MA17HEWT Legal.Descri tlon - -I 23210 FM 159 RD NAVASOTA TX 77868-7080 A004000, E MILLICAN, 7_FiACT 21._44,14.25 ACRES ______ 23210 FM 159 , [Entity^^ �� Yoar Rate -_ Taxable Value Stmt'# VoiJ' Original Tax- Dis'cnts �P&1 Fees • Overage Amount PdI Z REFUND ENTITY 2022 0.00000 _ -0 14639f N 30.43 _ 0.00 0.00 _Att 0.00 0.00 30.43 EMG SVCS DIST #1 2022 0.02266 108,249 76371 N 21.10 0.00 2.32 0.00 0.00 23.42 BRAZOS COUNTY 2022 0.42941 106,249 76371 N 401.49 0.00 44.16 0.00 0.00 446.66 NAVASOTAISO 2022 1.17509 108,249 76371 N 1,098.69 0.00 120.86 0.00 0.00 1,219.54 1,719.04 Balance Due As Of 0413012023: •30.43 TenderT'-ils _-~� �- - Description; a.. ; Aroount Credit Card CC X7-2305 Conv.Charge 0.00 1719.04 1719.04 Vol. t. P • MO id" Pa tmoore 45976 (CC PAYMENTS 51212023) 1.719.04 Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code TwAdW MUM BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 33.01— 33.06 On this the 23rd 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') E. Wanda Watson, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 23rd 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 23rd day of May 2023. THE CONMUSSIONER&CURT OF BRAZOS COUNTY, TEXAS. Lo Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget c Vol. 3 9 9 Pg. 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 33.01 5/23/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Purchasing Administration Departmental Support Expenditure 23,022.00 General Fund -Treasurer - Non Capital Departmental Support Expenditure 4,412.00 General Fund Expenditure 18,610.00 Capital Improvement Fund Revenue 18,610.00 Capital Improvement Fund District Attorney - Capital Capital Outlay Ex enditure 6,164.00 Capital Improvement Fund Sheriff Office -Jail -Capital Capital Outlay Expenditure 6,714.00 Capital Improvement Fund Road and Bridge - Capital Capital Outlay Expenditure 5,732.00 Purchasing Administration Reallocation of funds to purchase replacement copiers for the Treasurer, District Attorney, Jail and Road & Brid e. t� b NNP Date. 5/17/2023' .9c'k`E?'A'a'i' "'t .Sx. d txFtfi�'tF r`Y iount�r Judge ,Approval - ° >a+.�R .� X. �?, :� � 3 zi s�X"3.i�.�.o '�._.r.. ,r. FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 16500100 60500000 23,022.00) Equipment & 1T Enhancement 01000 12000006 60500000 4,412.00 Equipment & 1T Enhancement 01000 00000000 91110000 18,610.00 Transfer to Capital Ira r. Fund 45000 00000000 49028000 18,610.00 Transfer from General Fund 45000 63190001 80230000 6,164.00 Copiers - Capital 45000 63280021 80230000 6,714.00 Copiers - Capital 45000 63560001 80230000 5,732.00 Copiers - Capital Vol. 3 9 9 Pg Z BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23.33.02 5/23/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE 2023 Certificate of Obligation BISD Building Renovation Capital Outlay Ex enditure 9,367,741.00 2023 Certificate of Obligation North Wing Remodel Capital Outlay Expenditure ' 1,500,000.00 2023 Certificate of Obligation Revenue 10,867,741.00 General Fund Expenditure I0,867,741.00 General Fund American Rescue Plan Revenue Replacement General Government Discretionary Spending, Expenditure 10,867,741.00 2023 Certificates of Obligations and General Fund To reverse a portion of FY 2022-2023 Budget Amendment 24.02 in regard to the North Wing and BISD Renovation. unds no t be used from ARPA Revenue - Replacement. Gount6Approval +Date m. n Fof_brstctez.�a3"UuIY?�^.,s�.��;-�-,�' S - --fr "3-"LcfF �j tjl! �-� �,j��,..,� d ;i _ �''i[ +f.. M j*✓sy2'Ma'i Yi. 2+"4-`; YE — "r§ YS S 4.4i"' i yy a FUND DIV ACCT Change in Budget ACCOUNT NAME 43232 63432322 80101000 (9,367,741.00) BISD Remodel 43232 63432325 80101000 1,500,000.00) North Wing Remodel 43232 00000000 49028000 (10,867,741.00) Transfer from General Fund 01000 00000000 91123000 (10,867,741.00) Transfer to CO 2023 01000 116002 59100000 10,867,741.00 DDEA it Vol. 0399 Pg. ALL BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 33.03 5/23/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Purchasing Administration Departmental Support Expenditure 21,952.00 General Fund Veteran Services Departmental Support Expenditure 4,971.00 General Fund County Court at Law 1 -Non Capital Departmental Support Expenditure 4,421.00 General Fund Expenditure 12,560.00 Capital Improvement Fund Revenue 12,560.00 Capital Improvement Fund Commissioner's Court - Capital Capital Outlay Expenditure 6,632.00 Capital Improvement Fund Fleet Shop - Light - Capital Capital Outlay Expenditure 5,928.00 Purchasing Administration Reallocation of funds to purchase replacement copiers for Commissioner's Court, Veteran's Office, Fleet Services aid County C at Law #1. }�°rt} v- l�{iya�.,,1• - "�7 i .c � I {�'±'+f`S��Nx i,'f igg a� u�" �'i �yP 'i "}^"iW C `"'A h St �ji FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 16500I00 60500000 (21,952.00) Equipment & IT Enhancement 01000 10002000 60500000 4,971.00 Equipment & IT Enhancement 01000 23000006 60500000 4,421.00 Equipment & rT Enhancement 01000 00000000 91110000 12,560,00 Transfer to Capital Im r. Fund 45000 00000000 49028000 12,560.00 Transfer from General Fund 45000 63110001 80230000 6,632.00 Copiers - Capital 45000 63111000 80230000 5,928.00 Copiers - Capital Vol. 3.99 Pg. 2 2 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 33.04 6/23/2023 I FUND NAME I DEPARTMENT NAME I CLASS DESCRIPTION I ACCOUNT CATEGORY I INCREASE I DECREASE I Grant Fund I DVE Real Time Crime Center Grant Fund I DVE Real Time Crime Center DVE Real Time Crime Center Grant Reallocation of funds for the software FUND DIV ACCT Change In Budget ACCOUNT NAME 30000 283500 60211000 (5,500.00) Software 30000 283500 60500000 (6,940.00) Equipment& IT Enhancements 30000 283500 80212000 12,440.00 Software -Subscription Vol. 3 2.9 Pg* 2 2.3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 33.05 6/23/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund I Non -Departmental Professional Services Expenditure 1 376909.001 Court - Non funds to cover the annual renewal for the Texas Associate of Counties Risk Management Pool. VAA qp�g?nf ZN VIM4 FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 11000500 72590000 (376,909.00) Professional Fees 01000 11000500 61400000 376,909.00 Insurance 22 Vol. 3Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 33.06 5/23/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Capital Improvement Fund Commissioner's Court - Capital Departmental Support Expenditure 585,000.00 Capital Improvement Fund Expenditure 585,000.00 2023 Certificate of Obligation Revenue 585,000.00 2023 Certificate of Obligation Sanctuary Remodel Capital Outlay Expenditure. 485,000.00 2023 Certificate of Obligation North Wing Remodel Capital Outlay Expenditure 100,000.00 General Permanent Improvement Fund and 2023 Certificates of Obligation Reallocation of funds to cover the design phase of the Sanctuary and North Wing Remode NNP !Date: _ 5/18/2023 ._._._County_Judge Approval a_ _ Date W For Oracle Entry only FUND DIV ACCT Change in Budget ACCOUNT NAME 45000 63110001 61130000 (585,000.00) Contingency 45000 00000000 91123000 585,000.00 Transfer to CO Issue 2023 43232 00000000 49015000 585,000.00 Transfer from Capital Im rovement 43232 63432324 80101000 485,000.00 Sanctuy Remodel 43232 63432325 80101000 100,000.00 North Wing Remodel 225 Vol. �� Pg. Personnel Change of Status ( May 15, 2023 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 05-23-2023 Human Resources: Consider and Take Action on Change Employment ,a ^� • w artmenYName � r Employee tE P landscaping Smithey, Russell Sheriff Office - Jail Administration Venegas, Michael k * ��. t �15�'4 N� !!'RiS'$.g.�,� 5`�f�-d`b�� w`. .na C'T� k r _ 54h�. -. 1� li k kA.yiif L S q �.��1'�, �yl t S p =YG 3 Separations ��T� Department NameFj r- � �� mployee;Name a �r f� k; Brazos Center - Administration` Davis, Harry Juvenile Services - Detention Jutson, Brian Jail Medical Services White, Mark Approved in Commissioners' Court: 05-23-202 County Judge's or Commissionees'Signature: _ (This Copy to be attached to minutes) E. 3 9 9 �g. 226 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 05-23-2023 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Judge Mays, Spencyr Change of Status Stewart,.. Walter Sr Change of Status Sheriff Office —Jail Chesterfield, Cassie Change of Status Clark, Isaac Change of Status Tax Assessor — Collector Medeiros, Logan Change of Status Williams, De Ella Change of Status Armantrout, Stacey Harris, `Sireesha Mora, Jackelyne Williams, Lequnia TJJD — Pre & Post Adjudication — Detention Approved in Commissioners' Court: Change of Status Change of Status Change of Status.. Change of Status Johnson II, Reginald Change of Status County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 1l01. 399 Pg, 2 2 1