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Home My WebLink About2023/05/30 REGULAR SESSION 10:00 AMImo,:" ,-,�. .1 . 1023 MAY 2 b P 3: 2 BRAZOS COUNTY B RYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON MAY 30, 2023 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COWBRAZOSC.OUNTYTX 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 - Commissioner Aid rich 2. Call -for Citizen input and/or concerns Consider and take action on agenda items: 3 - 23 3. Proclamation 23-024 declaring the month of June as ElderAbuse Prevention Awareness Month. 4. Resolution 23-015 authorizing the County Judge to execute the approval of Proposed Texas Statewide Opioid Settlement Agreements including the Texas Addendum. 5. Approval of the following Job Description: • a. Court Coordinator (272nd District Court) 2080 hours (Class Code 2523) 6. Approval requested from Constable Precinct 3 to.apply for the Safety Grant. 7. Approval requested from the Bryan/College Station M PO to apply for the Safe Streets 4 All 9 Vol. Pg. Grant. 8. Approval of Amendment #1 to the Mass Gathering Permit Application. Language updates were made to better reflect current County procedures. The original application form was approved in Commissioners Court on July 26, 2011. 9. Approval of Renewal Notice for Contract with Northpointe Suite-Equivant for June 1, 2023 through May 31, 2024.. 10. Approval of deductive Change Order to. CI P #22-638 Peach Creek Cutoff Road Reconstruction in the amount of $242,206.43 for unused contingency and bid line items for this project. 11. Approval of Amendment #2 to Contract #23-011 R Carpet Cleaning with ACC Texas Services for additional square footage of service from Brazos County Jail Administration, Juvenile Detention Center, and Ag Extension., 12. Approval of renewal Bid Contract #23-121 R Hydro -Mulch Seeding of County Rights of Way with Britten Hydroseeding. 13. Approval of Contract #23-127 Cementitious Slurry with Southern Cement Slurry, LLC. 14. Renewal of Contract #24-015R Grease Trap Pumping for the Brazos County Jail, Juvenile, Expo, and Brazos Centerwith Liquid Enviromental Solutions of. Texas, LLC. 15. Approval of the Final Plat of Coulter Business Park Phase 1; 23.388 Acres; Moses A Foster Survey, A-16; City of Bryan ETJ, Brazos County, Texas., Site is located in Precinct 2. 16. Approval of the Final Plat of Becker Subdivision Block 1 Lot 1 being a 4.004 Acre.Tract; Mary Lawrence Survey, Abstract 30; Brazos County, Texas. Site is located in Precinct 2. 17. Approval of Brazos County cash contribution to the Brazos County Health District for the 2nd and 3rd quarter of FY 2022-2023 in the amount of $119,507.25 per quarter for a total of $239,014.50. 18. Tax Refund Applications for the following: Overpayments • a. Lynette or Katlyn Croft - $26.95 • b. Teresa Posada - $96.89 19. Budget Amendments. • FY22/23 Budget Amendments 34.01 - 34.04 20. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 21. Payment of Claims. 22. Convene into Executive Session pursuant to Texas Government Code §551.074 to discuss, the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the General Manager - Exposition Complex & Brazos Valley Fair. 23. Consider and possible action on Executive Session. Vol. 399 Pg. 229 24. Acknowledgement of the Investment Report for Quarter Ending 3/31/2023. 25. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of May 24, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals as of May 24, 2023. 26. Acknowledgement of monthly reports submitted in May 2023 including one amended report. 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. Vol. pg. PUBLIC COMMENTS , Public Comment during the Commission Meeting may be for all matters, both on and off the agenda,.and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court; and in all actions -in the presence of the Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or,members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. % 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 LIVEAT FACEBOOK.COM/BRAZOS000NTYTXis 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. _ pg. 2 31 MINUTES MAY 30, 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 30, 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, Absent; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Aid rich 2. Call for Citizen input and/or concerns Lonny Masterson noted concerns regarding the potential of contracting with another County for Veterans Treatment Court services. Mr. Masterson advised on the difficulty that may ensue for Veterans traveling to receive counseling services, drug testing, etc., while also remaining gainfully employed. Gabriel. Martell introduced himself to the Court as an applicant for the Veteran Services Officer position. Vol. ___�_,� Pg. 3 2 Amy Cahill discussed the history of signage and maintenance on Greenelaf Lane. Ms. Cahill brought a visual aid to reflect the signage changes. She also notified the Court of citizens that allegedly witnessed County maintenance of the private portion of Greenleaf Lane on two occassions. ' Jonathan Cook spoke on road guidelines and developing roads to County standards. Mr. Cook stated that Rustic Oaks roads are not up to County standards and are still maintained by the County. Joe Hamiter requested that the County provide fair treatment in determining roads that it will maintain. He alleges that there are numerous roads that the County has begun maintaining that are not reflected in the Commissioner Court minutes. James Jones explained the difference between private roads and county roads. Mr. Jones believes that once the signage was moved the County abandoned Greenleaf Lane. He urged the County to maintain,the road for emergency purposes. Ryan VonGonten asked that the County aid the residents on Greenleaf Lane in applying for grant funding to fix the washed out culverts. Brian Cahill reminded the Court of the survey provided to them in a previous Commissioners Court meeting. According to Mr. Cahill, the surveyor opines that the County did imply acceptance of the private portion of Greenleaf Lane by allegedly maintaining the road in years prior. Mr. Cahill asked that the County work with the residents to resolve the culvert issues. General Counsel Bruce Erratt commented on the amount of time spent by County officials and staff in trying to find a legal means to help the residents of Greenleaf Lane. Mr. Erratt stated that while everyone can agree that it is an unfortunate situation, it would be illegal to use County taxpayer funds on private property. Judge Peters further added that years ago, an employee did some maintenance for a resident that was not legal. That employee was terminated and it was turned over to the District Attorney. Judge Peters stated that if maintenance was done past the point it should have been, it was illegal since it was never accepted in by the County. Consider and take action on agenda items: 3 - 23 3. Proclamation 23-024 declaring the month of June as ElderAbuse Prevention Awareness Month. The County Judge read aloud Proclamation 23-024 declaring the month of June as ElderAbuse Awareness Month. Adult Protective Services representative Markesha Lamar stated that their hope is to ensure safety and provide resources to the elderly and disabled adults by spreading awareness. A copy is attached Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. Vol, l✓g. 2 3 2 4. Resolution 23-015 authorizing the County Judge to execute the approval of Proposed Texas Statewide Opioid Settlement Agreements including the Texas Addendum. The Court voted unanimously to approve Resolution 23-015. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 5. Approval of the following Job Description: • a. Court Coordinator (272nd District Court) 2080 hours (Class Code 2523) A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 6. Approval requested from Constable Precinct 3 to apply for the Safety Grant. A copy of the grant application :is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 7. Approval requested from the Bryan/College Station MPO to apply for the Safe Streets 4 All Grant. A copy of the grant application is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 8. Approval of Amendment #1 to the Mass Gathering Permit Application. Language updates were made to better reflect current County procedures. The original application form was approved in Commissioners Court on July 26, 2011'. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 9. Approval of Renewal Notice for Contract with Northpointe Suite-Equivant for June 1, 2023 through May 31, 2024. A copy of the renewal of contract and is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. Vol. _ 3 '9 9 Y'g. 10. Approval of deductive Change Order to CI P #22-638 Peach Creek Cutoff Road Reconstruction in the amount of $242,206.43 for unused contingency and bid line items for this project. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 11. Approval of Amendment #2 to Contract #23-011 R Carpet Cleaning with ACC Texas Services for additional square footage of service from Brazos County Jail Administration, Juvenile Detention Center, and Ag Extension. A copy of the bid tabulation sheet and amended contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 12. Approval of renewal Bid Contract #23-121 R Hydro -Mulch Seeding of County Rights of Way with Britten Hydroseeding. ,A copy of the renewal of, contract and bid tabulation sheet is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 13. Approval of Contract #23-127 Cementitious Slurry with Southern Cement Slurry, LLC. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0., Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 14. Renewal of Contract #24-015R Grease Trap Pumping for the Brazos County Jail, Juvenile, Expo, and Brazos Center with Liquid Enviromental Solutions of Texas, LLC. A copy of the renewal of contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 15. Approval of the Final Plat of Coulter Business Park Phase 1; 23.388 Acres; Moses A Foster Surrey, A-16; City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. L oi. 9 9 Pg. 235 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 16. Approval of the Final Plat of Becker Subdivision Block 1 Lot 1 being a 4.004 Acre Tract; Mary Lawrence Survey, Abstract 30; Brazos County, Texas. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 17. Approval of Brazos County cash contribution to the Brazos County Health District for the 2nd and 3rd quarter of FY 2022-2023 in the amount of $119,507.25 per quarter for a total of $239,014.50. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 18. Tax Refund Applications for the following: Overpayments • a. Lynette or Katlyn Croft- $26.95 • b. Teresa Posada - $96.89 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 19. Budget Amendments. • FY 22/23 Budget Amendments 34.01 - 34.04 34.01 Transfer Contingency funds to 361 st District Court. 34.02 Transfer Contingency funds to Facility Services. 34.03 To recognize donation to Risk Management. 34.04 Transfer Contingency funds to Collections. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 20. Personnel Change of Status. Vocl. Pg. • 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 Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 21. Payment of Claims. Claims t 8122488 - 8122603 9007627 - 9007679 Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Bevy. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderia. 22. Convene into Executive Session pursuant to Texas Government Code §551.074 to discuss, the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the General Manager - Exposition. Complex & Brazos Valley Fair. At this point, the County Judge announced the Court would consider items 24 through 30 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:50 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.074 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 Jennifer Salazar, Human Resources Director 23. Consider and possible action on Executive Session. At 11:00 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. 24. Acknowledgement of the Investment Report for Quarter Ending 3/31 /2023. The Court acknowledged receipt of the Investment Report for quarter ending'March 31, 2023. A copy of which is attached to and made a part of these minutes. 25. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of May 24, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals, as of May 24, 2023. E3 9 9 �I'g. 2 3 7 The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of May 24, 2023. 26. Acknowledgement of monthly reports submitted in May 2023 including one amended report. The Court acknowledged receipt of the Extension Service reports submitted in May 2023 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk Constable Precinct 2 27. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 42 juveniles in the detention center, 27 are male and 15 are female, and 26 have electronic monitors. 28. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 713 inmates in jail, 609 inmates are male, 104 are female and 63 have electronic monitors. 29. Announcement of interest items and possible future agenda topics. Commissioner Aldrich thanked our local representatives for their work through the 88th Legislative Session. He noted the approval of House Bill 5 and discussed the benefits this bill could bring to economic development. Commissioner Aldrich requested that in the wake of the approval of House Bill 5, the County look to update the current subdivision regulations. 30. Call for Citizen input and/or concerns There was no Citizen input. 31. Adjourn. v©i. Pa. 2 3 8 The foregoing minutes of the Commissioners Court Meeting held May 30, 2023, have been examined and are approved in open Court this 6th day of June 2023, in Bryan, Brazos County, Texas. Duane Peters County Judge Chuck Konderla Commissioner, Precinct 2 Wanda J. Watsgqh Commissioner,(P cinct 4 Attest: kare'n,k4cQueen County Clerk, A -I - Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 Vol, ;,93:-9]- Pg -�- of q BRAZOS COUNTY COMMISSIONER'S COURT 30 l� DAY OF ., , 20 Z3 AM/PA4, Name (PLEASE PRINT) kle7j a, 6006�,j Organization (PLEASE PRINT) �r c� q ?, (0pir s �-Ps t2f�� --- & &E:ffVK4(-TLfS6SC (A � 'Pa�' Vol. 399 pg. � � Pg ',�- of y BRAZOS COUNTY COMMISSIONER'S COURT 3d' DAY Off' 0 , 20 d--5 1 0 '� l�D Al /PM, {lea; , ICU, - Name (PLEASE PRINT) 1 a !' L t*L— hn . �-2 Ir &&KA- ftWttl Oil, Organization (PLEASE PRINT) G' Y-e—e- 0pasi� u I-e- 0 �o u,r clwii�►�/ fig�il��-s► ►�.�-�C E � � � Pg 2-441-- Pg 3 of BRAZOS COUNTY COMMISSIONER'S COURT 3Z�' DAY OF , 20 D-3 1 0'vL0 A /PM, Name (PLEASE PRINT) 2El/�2 Z.4A1<,d o W,.j (�j Lololr- � VA,(\ VP GG iff \(- Move, La-vraVcv, S iv1 a C � � cal ��,�.r•ti &"g"" Organization (PLEASE PRINT) 13��0 s w✓ 4-�v�A�.� �c� aS Ir k S57 i c % (0, 3-it Jove., Vol. � — Pa. 242 Pg Q of Ll BRAZOS COUNTY COMMISSIONER'S COURT 3d' DAY OF O�-, 20 a-3 uC) Name (PLEASE PRINT) Mel � ssct '�xa�'S M C-e Organization (PLEASE PRINT) Va. _ pg 3 Proclamation ELDER ABUSE PREVENTION AWARENESS MONTH WHEREAS, people who are elderly or have disabilities have contributed to the general welfare of Brazos County by helping to preserve customs, convictions, and traditions of many people from diverse backgrounds; and WHEREAS, these residents are vital and integral members of our society and their wisdom and experience have enriched our lives; and WHEREAS, abuse of the elderly and people with disabilities in domestic and institutional settings is a wide -spread problem, affecting hundreds of thousands of people across the country; and WHEREAS, Texas APS In -Home Caseworkers in Brazos County have investigated 601 intakes of which 222 cases of Abuse, Neglect and/or Exploitation were confirmed against our elderly Texans or those with disabilities in 2022; WHEREAS, elder abuse is grossly underreported because the elderly who are being abused, find it very difficult to tell anyone and are usually ashamed and sometimes afraid; and WHEREAS, elder abusehappens to men and women of all income levels, all cultural and ethnic groups, whether they are in good health or incapacitated in some way, in poor neighborhoods and in suburbia; and WHEREAS, many of the cases investigated by Adult Protective Services in Texas involve self -neglect and it is our duty as citizens to reach out to people in need; THEREFORE, BE IT PROCLAIMED, the Brazos County Commissioners Court declares the month of June 2023 as Elder Abuse Prevention Month in Brazos County and urges all citizens to work together to help reduce abuse and neglect of people who are elderly or have disabilities. BE IT FURTHER PROCLAIMED, a copy of this Proclamation be made a permanent part of the minutes of the Commissioners Court. WITNESSED OUR Peters,,County Steve Aldrich, Commissioner Pet. 1 Via--c+ Nancy Berry, , eommissioner Pc of May 2023. THE STATE OF TEXAS § COUNTY OF BRAZOS § ORDER (RESOLUTION) AUTHORIZING APPROVAL OF PROPOSED TEXAS STATEWIDE OPIOID SETTLEMENT AGREEMENTS BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Brazos County, Texas, held on the 30 day of May, 2023, on motion made by Non e-d'rq Commissioner of Precinct %3 and seconded by Cl� Commissioner of Precinct l , the following Order (Resolution) was adopted: WIIEREAS, Brazos County obtained information indicating that certain drug companies and their corporate affiliates, parents, subsidiaries, and such other defendants as may be added to the litigation (collectively, "Defendants") have engaged in fraudulent and/or reckless marketing and/or distribution of opioids that have resulted in addictions and overdoses; and WHEREAS, these actions, conduct and misconduct have resulted in significant financial costs in the past to the County and will undoubtedly result in significant financial costs in the future; and WHEREAS, the County brought or has investigated claims against (1) Allergan Finance LLC and Allergan Limited ("Allergan Defendants"), and certain other defendants related to potentially released claims, and (2) other defendants in the opioid supply chain on behalf of the County in In Re: Texas Opioid Litigation, MDL No. 2018-63587, currently pending in the 152nd District Court of Harris County, Texas and/or removed pending remand; and WHEREAS, on May 10, 2023, the Allergan Defendants in the opioid litigation brought by the County, the State of Texas, through the Office of the Attorney General, and a negotiation group for Texas political subdivisions entered into an Agreement entitled Allergan Texas Statewide Opioid Settlement Agreement (the "Texas Addendum"); and WHEREAS, Special Counsel and the State of Texas have recommended that the Brazos County Commissioners Court support the adoption and approval of the Texas Addendum in its entirety; and � 1 Vol. � Pg.� WHEREAS, even though the payments from the settlements reflect partial compensation to Brazos County for the past damages it has suffered or the future damages it is likely to incur, given the risks of litigation, the fact that it is to the benefit of Texas and the County and its residents, and that it reduces the risks associated with protracted litigation; NOW, THEREFORE, BE IT RESOLVED that we, the Commissioners Court of Brazos County: 1. Support the adoption and approval the Texas Addendum; 2. Authorizes the County to execute the Texas Release for the Texas Addendum Subdivision Participation Form and Release; and 3. Finds as follows: a. There is a substantial need for repayment of past opioid-related expenditures and payment to help abate current and future opioid-related harms in and about Brazos County, Texas; and b. The County Commissioners Court supports in its entirety the Texas Addendum. The County Commissioners 'Court understands that the purpose of each Settlement is to effectuate resolution of the Opioid Litigation against the Allergan Defendants. We also understand that an additional purpose is to ensure the effective means of distributing any potential settlement funds obtained under settlements in Texas and under the jurisdiction of Texas Courts in a manner and means that would promote an effective and meaningful use of the funds in abating the opioid epidemic in this County and throughout Texas. The County is hereby authorized to approve and accept the Texas Addendum as set forth herein. The County Judge or designated official is hereby authorized to execute and deliver the settlement documents recommended for approval by Special Counsel in the above referenced case and to approve such terms and provisions for the full and final settlement of all matters -set forth therein. DONE IN OPEN COURT on this the 3 O day of May, 2023. ATTEST: c KAP lY1cQ County Clerk E M Tc.2S, County Judge 2 VOL 32 Pg. 746 Exhibit B TEXAS ADDENDUM SUBDIVISION PARTICIPATION FORM AND RELEASE Texas Political Subdivision: Brazos County State: Texas Authorized Official: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Texas Political Subdivision"), in order to obtain and in consideration for the benefits provided to the Texas Political Subdivision pursuant to the Allergan-Texas Statewide Opioid Settlement Addendum ("Allergan Texas Addendum"), and acting through the undersigned authorized official, hereby elects to participate in the Allergan Texas Addendum, release all Released Claims against all Released Entities, and agrees as follows. 1. The Texas Political Subdivision above is aware of and has reviewed the Allergan Texas Addendum, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Political Subdivision elects to participate in the Allergan Texas Addendum as provided therein. 2. The Texas Political Subdivision shall immediately cease any and all litigation __ activities as to the Released Entities and Released Claims and, within 14 days of executing this Participation Form, its counsel shall work with Allergan's counsel to dismiss with prejudice any Released Claims that it has filed against Released Entities. 3. The Texas Political Subdivision agrees to the terms of the Allergan Texas Addendum pertaining to Political Subdivisions as provided therein. 4. By agreeing to the terms of the Allergan Texas Addendum and becoming a Releasor, the Texas Political Subdivision is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date of the Release. 5. The Texas Political Subdivision agrees to use any monies it receives through the . Allergan Texas Addendum solely for the purposes provided therein. Vol. p9 2 4 7 6. The Texas Political Subdivision submits to the exclusive jurisdiction and authority of the Texas Consolidated Litigation Court as defined in the Allergan Texas Addendum. For the avoidance of doubt, nothing contained in this Participation Form, or the Allergan Texas Addendum constitutes consent to jurisdiction, express or implied, over the governmental entity or its selected counsel to the jurisdiction of any other court (including without limitation MDL 2804, the MDL 2804 Fee Panel, the MDL 2804 Enforcement Committee, or the Court in which any Texas Consent Judgment is filed) for any purpose whatsoever. 9 7. The Texas Political Subdivision has the right to enforce the Allergan Texas Addendum in the Texas Consolidated Litigation Court as provided therein. The Texas Political Subdivision, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Allergan Texas Addendum and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity whether elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Texas Political Subdivision hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Allergan Texas Addendum are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Texas Political Subdivision to release claims. The Allergan Texas Addendum shall be a complete bar to any Released Claim. 9. In connectionwith the releases provided for in the Allergan Texas Addendum, each Texas Political Subdivision expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing,the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Texas Political Subdivision hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know. or suspect to exist, Vol.jin, - Pg. 2 4 8 whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Texas Political Subdivision's decision to participate in the Allergan Texas Addendum. 10. The Texas Political Subdivision acknowledges, agrees, and understands that the Settlement Amount in the Section of the Allergan Texas Addendum entitled Base and Incentive Payments for the benefit of the Participating Texas Political Subdivision, is less than or equal to the amount, in the aggregate, of the Alleged Harms allegedly suffered by the governmental entity, constitutes restitution and remediation for damage or harm allegedly caused by Allergan in order to restore, in whole or part, the governmental entity to the same position or condition that it would be in had it not suffered the Alleged Harms; and constitutes restitution and remediation for damage or harm allegedly caused by the potential violation of a law and/or is an amount paid to come into compliance with the law. 11. Nothing herein is intended to modify in any way the terms of the Allergan Texas Addendum Agreement, to which the Texas Political Subdivision hereby agrees. To the extent this Election and Release is interpreted differently from the Allergan Texas Addendum, the Allergan Texas Addendum controls. I have all necessary power and authorization to execute this Election and Release on behalf of the Texas Political Subdivision. Signa Name Title: Date: VOL -Pg. 249 Brazos County Job Description Last Updated: May, 2023 Template Revision 1.2 08/15/2012 Class Number: 2523 Title: Court Coordinator, 272nd DC Pay Group: '21 Department: District Court FLSA Status: Non Exempt Reports To: District Judge Approved Date: EEOC Category: Paraprofessional General S The primary duties of the 272nd Court Coordinator are to manage, direct, coordinate and plan the operations of the Court; coordinate and maintain the Court's calendar and docket; coordinate with the various county office staff, case -related attorneys and staff, and pro se litigants in setting hearings, case'management, and timely disposition of cases; act as a liaison between the judge and other offices, county departments and the general public regardingAM alendar; and to assist the Judge in making certain decisions concerning case and court docket manageme t. 5�3��a3 Essential Duties: county nudge DOCKET MANAGEMENT •Maintains and controls the master docket for the 272nd Court, including the creating, setting and preparation of weekly and monthly dockets. • Schedules court proceedings and maintains court calendar, including resolving calendar conflicts for judge, attorneys, and litigants. *Maintain close contact with the district attorney's office to allow sufficient docket control of criminal docket. *Attend and assist court in calling dockets to get announcements and resetting cases for date and purpose certain. -Prepare and/or supervise notification to attorneys on case settings. •Prepare and/or supervise preparation, duplication, and distribution of all dockets for use by court personnel. •Work with the Judge to determine better and more efficient procedures on dockets and case flow to enable fair and speedy disposition in all court cases. *Supervise and evaluate data and records on case flow and time elements -involved in cases for planning and performance purposes. •Utilize electronic case management systems in order to track cases and determine if time limits set are being met. •Implement, maintain and/or supervise tickler system to ensure timely case flow. •Coordinate, inform and/or supervise court bailiff of defendants in custody and their scheduled dates and times for appearances in court. -Implement, maintain, and/or supervise a system to monitor the status of cases set for trial. •Keep the court informed of any changes in status of weekly and monthly dockets. TRIAL MANAGEMENT •Set trial dockets. •Compile, issue and distribute trial orders and instructions for criminal, juvenile, civil, family law jury trial dockets. •Plan, coordinate and supervise the mechanics of notice to all connected with trials. •Coordinate the availability of attorneys, parties, court personnel, and courtroom space. -Reset all cases not reached for trial. •Determine and coordinate the availability of visiting judges through the Regional Presiding Judge. •Make recommendations for improvements and procedures. DUTIES SPECIFIC TO THE 272ND COURT COORDINATOR POSITION: • Schedules court proceedings and maintains court calendar, including resolving calendar conflicts for judge; attorneys, and litigants with approval of court in Juvenile cases referred to the 272nd Court. • Liaison for Court and Information Technology Department in computer software -related matters. • Prepares paperwork for Judge as needed. • Responsible for entry of criminal case disposition and some juvenile dispositions in county software program. • Responsible for entering the required CJIS reporting for adult criminal and some juvenile charges. I vof. 33 9 9 eg. • Performs general clerical duties when court is not in session. • Performs duties of the Administrative Secretary in that person's absence. • May perform some duties of the Court Bailiff. • Assist Judge in State Jail Diligent Credit communications with TDCJ. • Assist Judge in TDCJ Pre -Release notifications. • Assist Judge in paperless procedures, processing documents in the Courtroom and in use of technological equipment in Courtroom. JURY MANAGEMENT • Plan and order at the proper time the summons of jurors adequate for the court trials, keeping in mind both economy and efficiency based on the court's schedule and docket. • Make recommendations for the comfort and convenience ofjurors awaiting assignment. • Triage or direct inquiries from respective jurors to the appropriate person/department. • Plan and coordinate juror security with the court bailiff and Sheriffs Office during regular hearings and/or the trial of major criminal cases. PERSONNEL MANAGEMENT • Assist the judge by screening, interviewing, and recommending persons for employment by the court. • Plan and supervise the initial training for court employees. • Assist in the review of personnel policies when required by the Court. RECORDS AND REPORTS • Supervise record keeping of all court functions and dockets. • Prepare periodic reports as requested by judges, the courts, and other departments. • Prepare an annual report of court work and cases processed. • Prepare and/or supervise the schedules, statistical reports, and other matters at the request of the judge, court, and general public. PROFESSIONAL DEVELOPMENT • Maintain awareness of developments in court administration. • Participate in continuing professional education programs. PUBLIC RELATIONS • Reply to inquiries from the public on court business and/or direct to the appropriate person. • Plan and arrange court tours for students and other groups. • Represent the court at various functions. • Make arrangements, as requested, for media representatives who attend court trials and conferences. • Act as liaison by representing the court on various matters before the administrative judicial regions and courts of other jurisdictions. RESEARCH AND RESOURCES • Acquire and maintain materials and contact with related professional disciplines. • Maintain special legal resource files. • Obtain and organize legal materials as requested byjudge. • Research specialized topics as assigned by judge. GENERAL ADMINISTRATION • Expedite all other non -routine administrative matters as they arise. • Prepare and recommend rule changes. • Evaluate and coordinate court schedules. • Prepare non -routine correspondence for Judge. • Develop procedures to merge documents to expedite routine correspondence such as pretrial notices, transmittal letters, and juror correspondence. • Assist with any administrative duties as requested or required by the judge. scq , FISCAL Assist in department budgeting. • Control budget spending upon request of Judge. Other Supervision Received: From District Judge Given: This is a non -supervisory position, However, provides direction to other court personnel. Education Required: High school graduation or its equivalent, plus at least two years of experience; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Working knowledge of Odyssey. Experience 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 with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: Meet the annual requirement for continuing education hours for per Section 74.105 of the Texas�Government Code and Rule 6 of the Rules of Judicial Education promulgated by the Court of Criminal Appeals Preferred: Demands The physical demands described here are representative of those that must be met 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. 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; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, colorvision, and ability to adjust focus. Typical: Court rules, procedures, and regulations; trial proceedings and orders, standard office practices and procedures; I and personal computers. Read and apply the law in preparing and organizing court's charges; operate computers, including word processing and spreadsheet software; type accurately; effectively manage case load; perform basic mathematical calculations; understand and follow instructions; write letters and memos; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers, judges, attorneys, and the general public. Sending and responding to numerous emails every day. Ability to E- File documents. Work Environment Typical: 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. The noise level In the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team to perform tedious, exacting work, and to work under time pressures to meet deadlines. The employee is frequently required to perform multiple tasks simultaneously, and to switch from one task to another. �'®i. 0 9 9 Pg 5 BRAZOS COUNTY, TEXAS GRANT APPLICATION APPROVAL FORM Date: 05-22-2023 :r__ •:Requesting Department: Brazos County Pct 3 Constables Office Grant Title: Safety Grant _ Granting Agency:.. Spirit of Blue Amount Requested: $ 6,239.08 . .. _Grant Term (Beg/End): _ Project Description: If awarded the funds will be used to purchase a Unit Precinct Patrol Kit, This training equipment is used for force on force sc( Will this grant fund salary & benefits? Yes ✓❑ No Is there County Match requirement? F Yes RiNo Are there financial reporting requirements? Yes No Who will do financial resorting? Are there programmatic reporting requirements? Yes �✓ No Who will do programmatic reporting? *Please include all available backup documentation with the approval form. All grants are contracts be zos County and the grantbig agency and should be approved by Co ' ners Court pno the application submission. Authorized Signature uu v z.;A roved by Conio4� on this day of 3 Commissioners Court -Approval Vol. r 9 i' BRA7 oQS-,C0UNTY0 TEXAS GRANT&PQ APPLICATION. 9equ6stingb. -g.ryas/College . Station MPO- qp4rtment: OmfingAgpney: U8. Ii.eWrtMent 0f'Ttah'Spoq@qorITqdoral.-H . i . OftbyAdministration Amount Requested: -,$,2.10j.000.00 Gkant.,Term (Beg/End): 01112023-4/30/2024 Ptoject D6tcki0flon: D .2evelopment of a cornorbh6nsive safetv action pkin thatidenfifiet .the most significant roadway s4fety.congerns-in Brazos QD0*. Will this grant:fund gal' -aryA bpnotis? yYesN Is thew county match requiretnent? No Are thproftancialYdocirting rgq iromdAisT Yes ❑ 110 Whowfil do fmandal 'repoffifig? Addltbrs- Office; Are there.programmatid reporting; Xequireinent Who Will:d( I programmatic, reporting? BEY2111C011egeStation MPO *Please -In4udd.all available -backup. documentation 'with the -form. All grants are con �betWM Brazos County --m4 -tho'granting .agen'cy,,oAO,gkgold'be,.iip.ptov by mission "-C rt prior to thd:ap plic4oja submission. ed f 'h by Coftuftnis ner VnOfls.-�30U.d4y oPj a 0 S 4y of COnImigsiDiIiii--Court APPZOV4'"'* P9 Vol.. P9. BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT. NUMBER: DATE OF COURT MEETING: 5/30/2023 W, ITEM: Approval of Amendment #1 to the Mass Gathering Permit Application. Language updates were made to better reflect current County procedures. The original application form was approved in Commissioners Court on July 26, 2011. TO: Commissioners Court DATE: 05/25/2023 FISCAL IMPACT- False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Mass Gathering Permit Application (Updated 5.25.2023)_pdf Mass Gathering Permit A, Backup Material 30.0133 Duane Peters Date County Judge , Vol. 399 pg. 255 0 BR.AZOS COUNTY BRYAN, TEXAS BRAZOS COUNTY MASS GATHERING PER UT APPLICATION Application must be filed and received at least 45 days prior to the planned mass gathering at the Brazos County Judge's Office at the third floor of the Brazos County Administration Building, Bryan, Texas. Mailing address is 200 South Texas Avenue, Suite 332, Bryan TX 77803. A pen -nit fee of $300.00 (non-refundable) must be paid at the time of filing of the application. A minimum fee of $250.00 for health inspection and a minimum fee of $250.00 for fire marshal inspection must also be paid at the time of filing of the application. All fees are payable to Brazos County by cashier's check, certified check, or money order. Applicanf is referred to Texas Health and Safety Code Section 751 for further guidance. Event Description Promoter's name: Promoter's address: Property owner's name: Property owner's address: Street address of event location: Property description of event location: Date(s) of mass gathering: Time of event: Maximum number of persons to be allowed to attend: Vol. 399 Pg. A hearing will be held no later than ten (10), days prior to the event and the following representative will be available to attend if necessary: Name: Contact information: Event Financial and Contractual Obligations: Attach the following documents: -- A certified copy of the agreement Between the promoter and the property owner. -- List of the name and address of each performer and of their agent who has agreed to appear at the mass gathering including a description of the terms of the agreement. -- Financial statement reflecting the funds being supplied to finance the mass gathering and each person supplying the -funds. Health & Sanitation Compliance: Follow the minimum standards of the Texas Administrative Code, Title 25, Section 265.3 (water supply, toilet facilities, vector control, solid waste facilities, noise control, food sanitation, medical and nursing care, and final site cleanup). Printed copies of this section are available upon request at the County Judge's office. Describe the steps taken to ensure that minimum standards of health and sanitation will be maintained during the gathering: Describe the steps taken to ensure the physical health/safety of the persons attending: Vol. �� Pg. �5`7 2 Describe the preparation taken to provide adequate medical and nursing care: Public Safety Compliance: Follow the minimum standards of the Texas Administrative Code, Title 37, Chapter 1, Stabchapter L, Sections 1.161-1.169. Printed copies of these sections are available upon request at the County Judge's office. Describe how attendance will be limited to the maximum number stated in the event description above: Describe the preparations you will take to provide traffic control: Describe the steps you will take to ensure that the mass gathering will be conducted in an orderly manner: Describe the preparations you will take to supervise minors who may attend the mass gathering: VOL � __._.Pg 258 58 3 Identify the location on the grounds where the promoter or a representative will be available at all times during the event: I , hereby acknowledge that by signing and submitting this application, I am giving consent to the Brazos County Sheriffs Office for the recording of drone footage of my event. Initial STATE OF TEXAS COUNTY OF BRAZOS I affirm that the information I have given in this document and its attachments are correct and I hereby set my hand this day of ,, 20_ Signature Printed Name RECEIVED at the Brazos County Judge's office on the . day of , 20e DUANE PETERS, County Judge 4 equivant NWrcarta nr richaq l.,wu Renewal Notice Cynthia Tomas Brazos County Sheriffs Office 1835 Sandy Point Road Bryan TX 77807 Software Renewal Support Period. June 1, 2023 through May 31, 2024 Software Northpointe Classification Management 6 bundles @ $1,751 per bundle Northpointe Suite Supervision 2 bundles @ $2,832.50 per bundle Northpointe Classification API Hosting Date: March 1, 2023 Client ID: BRAZOSSOTX Includes updates & enhancements, unlimited email & phone support for the 1 year commitment equivant will Issue an Invoice within 60 days Annual Amount $10,506.00 $5,665.00 $2,575.00 $6,180.00 Subtotal Maintenance $24,926.00 This annual renewal is pursuant to the agreement between the parties. Notice of terminatlon Is required If either party does not wish to renew. Northpointe software is proprietary property of Northpointe, Inc. d/b/a equivant and protected by law. Another party cannot alter, modify, change, manipulate or provide maintenance for this product without infringing upon equivant' s ownership rights. equivant is the sole source for software maintenance and services for its products. If you have questions regarding this renewal notice, please contact Susan Angelo at 330-470-4249 or email at susan.anaelo anequivant.com Accepted by. Name: C)LkA �l C�(2 S Title; Signature. te: Coc,J.0--n� JL-j- C>'C01F c3i3dla3 Vol. 3 99 pg. 2 6 0 Northpointe Federal Tax ID # 99-0365507 4825 Higbee Avenue NW, Suite 101, Canton, OH 44718 Phone: 330.470.4280 Fax: 330.494.2483 equivant Northpointe: Ina d/b/a equivant SOFTWARE LICENSE & MAINTENANCE AGREEMENT This Agreement is made and entered into as of June 1, 2022 (the °Effective Date") by and between Northpointe, Inc. d/b/a equivant, a Delaware Corporation, having its principal place of business at 1764 Forest Ridge Drive, Suite A, Traverse City, MI 49686 ("equivant") and Brazos County Sheriffs Office, herein referred to as "CUSTOMER" having its principal place of business at 1835 Sandy Point Road, Bryan, Texas 77803. Pursuant -to this Agreement, equivant �' is licensing its Northpointe Suite Software (hereafter "Software".) and providing related services to the CUSTOMER under the terms and conditions of this Agreement; 1. LICENSE AND USE 1.1 License. Subject to the terms and conditions of this Agreement, including without limitation the CUSTOMER's payment of all applicable annual License Fees (as defined below), equivant hereby ;grants to the CUSTOMER and the CUSTOMER hereby accepts from equivant a nonexclusive, nontransferable license, without the right to grant sublicenses, to use the Software, in executable code form only, for the number of users for which the CUSTOMER has paid the applicable annual License Fees, in accordance with this Agreement, the user manuals provided to the CUSTOMER with the Software in either electronic, online help files or hard copy format ("Documentation") .and with the limitations set forth in Exhibit A, if any, solely for the CUSTOMER's internal business purposes. 1.2 Restrictions. The CUSTOMER acknowledges that the Software and the structure, organization, and source code thereof constitute valuable.trade secrets of equivant. Accordingly, except as expressly permitted in Section 1.1 or as otherwise authorized by equivant in writing, the CUSTOMER will not, and will not permit any third party to (a) modify, adapt, alter, translate, or create derivative works from the Software; (b) sublicense, lease, rent, loan, sell, distribute, make available or otherwise transfer the Software to any third party, (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software; or (d) otherwise use or copy the Software except as expressly allowed under Section 1.1 above. The CUSTOMER may make one (1) copy of the Software solely as necessary for archival or backup purposes. 1.3 Additional 'Materials. Unless otherwise expressly agreed to by the parties, the CUSTOMER shall provide and obtain for itself all hardware, software, services and technology necessary to operate the Software not owned or provided by equivant. 2. DELIVERY, ACCEPTANCE AND INSTALLATION 2.1 Delivery and Acceptance. If equivant is not hosting the Software for the CUSTOMER as provided in Section 314, equivant will deliver the Software to the CUSTOMER in accordance with the CUSTOMER'S reasonable instructions. The Software will be deemed accepted upon delivery. 2018 v1 Vol. Pg. 261 equivant Northpointe Inc. d/4/3 equivant 3. 3.1 Maintenance and Support. equivant will provide the CUSTOMER with those maintenance and support services described on Exhibit B ("Maintenance and Support Services"). 3.2 Training. equivant will provide the CUSTOMER with training services related to the Software as described in the Statement of Work. Trained personnel from the Customer agency are authorized to train others within the CUSTOMER agency on the use of the Software, but are not authorized to train personnel from other agencies on the use of the software or the Decision Tree. 4. FEES AND PAYMENT SCHEDULE 4.1 Fees.' The CUSTOMER will pay equivant the fees set forth on Exhibit A, after receipt by CUSTOMER of complete access to all licenses specified in Exhibit A. All Fees are non-refundable. Fees' are due within thirty (30) calendar days of the Effective Date of this Agreement. 4.2 Payment. The CUSTOMER agrees to pay equivant within thirty (30) calendar days after the date of any invoice from equivant. Fees for any Services will be billed as set forth on ExhlbitA. Fees exclude, and the CUSTOMER will make all payments of fees to equivant free and clear of, all applicable sales, use, and other taxes and all applicable export and import fees, customs duties and similar charges. equivant may charge interest on all late payments equal to one and one-half percent (1'/%) per month or the maximum, rate permitted by applicable law, whichever is less, from the due date until paid." 4.3 Audit Rights.. Upon ten .(10)_days written prior notice, equivant will have the right to have an Independent audit firm inspect the CUSTOMER's records relating to the CUSTOMER's use of the Software, and access and query the CUSTOMER's equipment on which the Software is operating, Worder to verify the CUSTOMER's compliance with the terms and conditions of this Agreement. The audit will be performed during the CUSTOMER's normal business hours. The costs of the audit will be paid by equivant, unless the audit reveals that the CUSTOMER has (1) failed to strictly comply with the restrictions set forth in Section 1 or (11) underpaid the amounts owed to equivant by five percent (6%) or more, In which case the CUSTOMER will reimburse equivant for all reasonable costs and expenses incurred by equivant in connection with such audit. The CUSTOMER will promptly pay to equivant any amounts shown by any such audit to be owing plus Interest as provided in Section 4.2. Such audits will be conducted no more than once in any period of six (6) consecutive months, 5. TERM AND TERMINATION 5.1 Term. The initial term of this Agreement is for twelve months ("Initial Term"). After the. Initial term, this Agreement will automatically renew for one year periods unless terminated, in writing, in accordance with this Agreement. EITHER PARTY MAY 2018 v1 2 v01. 399 pg. 262 e u iva rat Northpointoinr- dlb/u equivant CHOOSE TO TERMINATE THE AGREEMENT FOR ANY REASON AT THE END OF A CONTRACT YEAR BY f -WING SIXTY DAYS PRIOR NOTICE OF SUCH INTENT. equivant shall provide CU�TQMER with forty-five (45) days written notice of renewal price prior to the end of,the contract year, provided however that such renewal price for license and maintenance, for the modules licensed in this agreement, shall not be, increased by more than 3% over the prior year's price. Further, parties may mutually agree on Additional Services at the time of renewal or such other times as mutually. agreed. The obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of this contract and any extensions and renewals. 5.2 Termination. Either party shall have the right to terminate this Agreement If the other party is in material default hereunder, which default.cannot be cured, or which being capable of cure has not been cured within sixty (60) calendar days of the non - breaching party's written notice of such, default or such additional cure period as the non -breaching party may authorize. 5.3 Effects of Termination. Upon termination or expiration of this Agreement for any reason, any amounts owed_to equivant under this Agreement before such termination or expiration will be immediately due and payable, all licensed rights granted in this Agreement will immediately cease to exist, and the CUSTOMER must promptly discontinue all use of the iSoftware, erase all copies of the Software from the CUSTOMER's computers, and return to equivant or destroy all copies of the Software, Documentation and other equivant Confidential Information in the CUSTOMER's possession or control. Sections 1.2, 3.2, 4.2, 4.3, 5.3, 6, 7.2, 8, 9, 10 and 11, together with any accrued payment obligations, will survive expiration or termination of this Agreement for any reason. 6. PROPRIETARY RIGHTS 6.1 equivant's Rights. The CUSTOMER acknowledges and agrees that the Software, Documentation and any Customization of the Software, and all worldwide copyrights, trademarks, service marks, trade secrets, patents, patent applications, know-how, moral rights, contract rights, and other proprietary rights therein, are the exclusive property of equivant and its suppliers and that this Agreement grants the CUSTOMER no title or right of ownership in the Software, Documentation and any Customization of the Software. All rights in and to the Software,. Documentation and any Customization of the Software not ,expressly granted to the CUSTOMER in this Agreement are reserved ;by equivant and its suppliers. The CUSTOMER agrees not to remove or destroy any proprietary markings or proprietary legends placed upon or contained within the Software, Documentation, any Customization of the Software, or any related materials. 6.2 CUSTOMER's Rights. The CUSTOMER retains all right, title and interest in and to the CUSTOMER Data, and equivant acknowledges and agrees that it neither owns nor acquires any additional rights in and to the CUSTOMER Data not expressly granted by this Agreement. "CUSTOMER Data" means the data and content provided by the 2018•v1 3. Vol. Pg. 2_6 3 equivant Northpomto Ines d/b/0 Nuinnt CUSTOMER in the cours of the CUSTOMER's use of the Software in accordance with this Agreement. 7. WARRANTY 7.1 Limited Warranty. equivant warrants for a period of ninety (90) days following the date of delivery of the Software to CUSTOMER that the Software will substantially operate according to the specifications set forth in the Documentation. if it is determined by CUSTOMER that the Software does not substantially operate according to such specifications, equivant may, at its option and expense, apply commercially reasonable efforts to designing, coding and implementing programming changes to the source code to correct reproducible errors or correcting misstatements and omissions'in the User Guide documentation. Licensee shall report all errors or other defects in the Software to equivant immediately upon their discovery. It is acknowledged that the Software is' inherently complex and may contain errors and equivant cannot and does not guarantee to correct all such errors. The remedies set forth in this Section 7 constitutes CUSTOMER's sole and exclusive remedy for breach of this Warranty. The Software contains third party assessments for use by the CUSTOMER. equivant has no proprietary claim on these assessments and therefore disclaims any and all liability, . including any express or implied warranties, whether oral or written, for such third party assessments. The customer acknowledges that no representations have been made. 7.2 No other Warranties. equivant makes no other warranties, whether express, implied, or statutory regarding or relating to the software or the documentation, or any materials or services. furnished or provided to customer under this agreement, including maintenance and support.,--equivant specifically disclaims all implied warranties of merchantability and fitness for a particular purpose with respect to the software, documentation and said other materials and services, and with respect to the use of any of the foregoing. 8. LIMITATION OF LIABILITY IN NO EVENT WILL • EQUIVANT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, OR FOR ANY LOST DATA, LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF' LIABILITY (INCLUDING NEGLIGENCE), EVEN IF EQUIVANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EQUIVANVS TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH , THIS AGREEMENT AND THE COMPAS SYSTEM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF FEES PAID TO EQUIVANT DURING THE, TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY. The CUSTOMER acknowledges thatthese limitations reflect the allocation of risk set forth in this Agreement and.that equivant would not enter into this Agreement without these limitations on its liability, and the CUSTOMER agrees that these limitations shall apply notwithstanding any failure of essential purpose of. any limited -,remedy. In addition, equivant disclaims all liability of any kind of equivant's licensors and suppliers. 2018v1 _ 399 244 4 Vol. Pg. E ' equivant Northpolnto tm dlbl3 equivant 9. INDEMNIFICATION 9.1 Indemnity by equivant. Equivant will defend at its own expense any action against the CUSTOMER brought by a third party to the extent that the action is based upon a claim that the Software infringes any U.S. patents or any copyrights or, misappropriates any trade secrets of a third party, and equivant will pay those costs and damages finally awarded against the CUSTOMER in any such action that are specifically attributable to such claim or those costs and damages agreed to In ,a monetary settlement of such action. The foregoing obligations are conditioned on the CUSTOMER (a) notifying equivant promptly in writing of such action, (b) giving equivant sole control of the defense thereof and any related settlement negotiations, and (c) cooperating and, at equivant's request and expense, assisting in such defense. If the Software becomes, or in equivant's opinion is likely to become, the subject of an infringement claim, equivant may, at its option and expense, either - (I) procure'for the CUSTOMER the right to continue using the Software, (ii) replace or modify the Software so that it becomes non -infringing, or (iii) accept return of the Software, terminate this. Agreement upon written notice to the CUSTOMER and refund the CUSTOMER the License Fees paid for the Software upon such termination, computed according to a thirty-six (36) month straight-line amortization schedule beginning on the Effective Date. Notwithstanding the foregoing, equivant Will have no obligation under this Section. or otherwise with respect to any infringement claim based upon (a) any use of the Software not in accordance with this Agreement or for purposes not intended by equivant, (b) any use `of the Software In combination with other products, equipment, software, or data not intended by equivant to be used with the Software (c) any use of any release of the Software other than the most current release made available to the CUSTOMER, or (d) any modification of the Software by any person other than equivant or its authorized agents or subcontractors. THIS SECTION STATES EQUIVAN rS ENTIRE LIABILITY AND THE CUSTOMER'S EXCLUSIVE REMEDY FOR INFRINGEMENT CLAIMS AND ACTIONS. 9.2 Indemnity by the CUSTOMER. The CUSTOMER agrees to indemnify, defend and hold. harmless equivant and ,its employees, directors, stockholders, officers and other affiliates, agents, representatives, successors and assigns, from and against any and all liabilities, losses, damages, costs, and other expenses (including attorneys' fees) arising from the CUSTOMER's use of the Software, or any information obtained thereby, any breach of this Agreement or any intentional misconduct or negligence of the CUSTOMER, its employees, officers, affiliates, agents, and representatives. 10. CONFIDENTIALITY 10.1 Confidential Information. Each party (the "Disclosing Party") may from time to time disclose to the other party (the "Receiving Party") certain information regarding the business of the Disclosing Party and its suppliers, including technical, marketing, financial, employee, planning, and other confidential or . proprietary information ("Confidential Information"). Any information that the Receiving Party knew or should 2018v1 Vol. 399 —pg. 265 5 t e q uivant Northpoinle Ina dibla ecMvant have known, under thecircumstances, was considered confidential or proprietary by the Disclosing Party will be considered Confidential Information of the Disclosing Party. The Software, including without limitation any routines, subroutines, directories, tools, progr ms, or any other technology included therein, shall be considered equivant's Confidential Information. 10.2 Protection of Confidential Information. The Receiving Party will not use any Confidential Information of the Disclosing Party for any. purpose not expressly permitted by this Agreement, and will disclose the Confidential Information of the Disclosing Party only to the employees or contractors,of the Receiving Party who have a need to know such Confidential Information for purposes of this Agreement -- and who are under a duty of confidentiality no less restrictive than the Receiving Party's duty hereunder. The Receiving Party will protect the Disclosing Party's Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or proprietary -information of a similar nature and with no less than reasonable care. 10.3 Exceptions. The Receiving Party's obligations under Section 10.2 with respect to any Confidential Information of the Disclosing Party will terminate if such information: (a) was already known ;to the Receiving Party at the time of disclosure by the Disclosing Party, (b) was disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public; or (d) was independently developed by the Receiving Party without access to, or use of, the Disclosing Party's Confidential Information. In addition, the Receiving Party will be"allowed to disclose Confidential Information of the Disclosing _Party to the extent that such disclosure is (1) approved In writing by the. Disclosing Party, (11) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (Ili) required by law or by the order of a court of similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such, required disclosure promptly and in writing and cooperates with the Disclosing Party; at the Disclosing Party's request and expense, -in any lawful action to contest or limit the scope of such required disclosure. 10.4 Return of Confidential Information. The Receiving Party, will return to the Disclosing Party or destroy all Confidential Information of the Disclosing Party in the Receiving Party's possession or control and permanently erase all electronic copies of such Confidential Information promptly upon the written request of the Disclosing Party upon the expiration or termination of this Agreement. Upon request from the Disclosing Party, the Receiving Party will certify in writing signed by an officer of the Receiving Party that, it hes fully.complied with its obligations under this Section 10.4. 10.5 Confidentiality of Agreement. Neither party will disclose any terms of this Agreement to anyone other than its attorneys, accountants, and other professional advisors'except (a) as required by law or (b) pursuant to a mutually agreeable press release or (c),in connection with a contemplated transfer of such party's business permitted by Section 11'.2 (provided that any third party to whom the terms of this Agreement is to be disclosed signs a confidentiality agreement reasonably satisfactoryto the other party). 2018v1 1 Vol. 399 YPg. 266 6 equivant Northgante hu. dl6/a aquimt 11. GENERAi_ PROVISIONS 11.1 Notices. All notices, requests, demands, or other communications required or permitted to be given her®under shall be in writing and shall be deemed to have been duly given when mailed 'by certified mail, return receipt requested, or delivered in person to whom it is to be given at the addresses set forth above or to such other addresses as a party may designate pursuant to this notice provision. Any notice given shall be deemed to have been received on the date on which it is delivered personally or if mailed, on the third business day following the mailing thereof. 11.2 Assignment. Neither the CUSTOMER nor equivant may assign or transfer, by operation of law or otherwise, any of its rights under this Agreement (including the license rights granted to the CUSTOMER to the Software), in whole or in part, to any third party, without prior written approval of the other party, which shall not unreasonably be withheld or delayed; except that equivant may assign this Agreement, without consent, to any successor to all or substantially all its business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise. Any attempted assignment or transfer in violation of the foregoing will be null and void. 11'.3 Entire Agreement. This Agreement and the exhibits and schedules attached hereto constitute the entire agreement of.. the parties with respect to the subject matter hereof, and this Agreement supersedes all previous agreements, whether written or oral and all negotiations as well as any previous agreements presently In effect between the Provider and the Customer relating .to the subject matter hereof. There shall be no modification,' rescission, waiver, release or amendment of any provision of this Agreement, except by an express written amendment to this Agreement signed by authorized representatives of each of the. parties hereto, and for the CUSTOMER by same person or persons, or their successors and/or expressly authorized designee(s), who signs the original Agreement. The terms of any purchase order or similar document submitted by the CUSTOMER'to equivant will have no effect. 11.4 Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Texas without regard to its principles of conflicts of law. 11.5 Dispute Resolution. The parties will seek a fair and prompt negotiated resolution within ten (10) days of the initial notice of the dispute ("Dispute"). if the Dispute has not been resolved after such time, the parties will escalate the issue to more senior levels. If the parties are unable to resolve any dispute at the senior management level, then any, controversy, claim, or Dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. Before commencing any, such arbitration, the parties agree to enter into negotiations to resolve the Dispute. if the parties are unable to resolve the Dispute by good faith negotiation, either party may refer the matter to arbitration. The arbitrator(s) shall be bound to follow the provisions of this Agreement in resolving the Dispute; and may not award any damages excluded by this Agreement. The decision of the arbitrator(s) shall be final and bindinb on the parties, and any award of the arbitrator(s) may be 2018 v1 r , 7 Vol. 3 9 9 pg. . i equivant Nortnpomte Inc. Wb/a equivant entered or enforced in a y court of competent jurisdiction. The prevailing party will be entitled to recover its reasonable attorneys' fees and costs, in addition to any other. relief ordered by the arbilirator(s). Such fees and costs will include those incurred in connection with the enforcement of any resulting judgment or order, and any post judgment order,will provide for the right to receive such attorneys' fees and costs. Any request for arbitration of a claim by either party against the other relating to this Agreement must be filed no later than six (6) months after the date on which equivant concludes performance under this Agreement. Nothing herein shall prevent either party from seeking a preliminary or permanent injunction to. preserve the status quo or prevent irreparable harm during the arbitration, process. 11.6 Compliance with laws. The CUSTOMER shall comply with all applicable export and import control laws and regulations concerning its use of the Software and, in particular, the CUSTOMER will not export or re-export the Software without all required government licenses and the CUSTOMER agrees to comply with the export laws, restrictions, national security controls and regulations of all applicable foreign agencies or authorities. The CUSTOMER and equivant agree to defend, indemnify, and hold harmless the other party from and against any violation of any applicable laws or regulations by the CUSTOMER or equivant or any of'their agents; officers, directors, or employees. i 11.7 Force Majeure. Except for any payment obligations, neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder for any cause,which is beyond the reasonable control of such party. 11.8 U.S. Government End Users. If the CUSTOMER is a branch or Customer of the United States Government, the following provision applies. The Software is comprised of "commercial computer software" -and "commercial computer software -documentation" as such terms are used in 48 C.F.R..12.212 and are provided to the Government (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set -forth In 48 C.F.R. 227.7202-1 and 227.7202-3. 11.9 Remedies. Except as provided in Section 9.1, the parties' rights and remedies under this Agreement are cumulative. The CUSTOMER acknowledges that the Software contains valuable trade, secrets and proprietary information of equivant, that any actual or threatened breach of Section 1 will constitute immediate, Irreparable harm to equivant for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. If any legal action is brought by equivant to enforce this Agreement, the prevailing party will be entitled to receive its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive. 11.10 Waivers. .All waivers -must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. 2018 v1 I Vol. P9 268 eq u iva nt Noraipanle Im d/b/a aquivanl 11,11 Severabllity. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will 'continue in full force and effect. 11.12 Construction. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used In this Agreement, the word "including" means "including but not limited to." l l [Signatures Appear On Following Page] 2018 v9 Vol. 3 9 9 Pg. 269 9 equivant Narthpointe 191c. WPM cgiovml IN WITNESS WHEREOF, the.equivant designated agent whose signatureappears below, hereby -warrants that he has Ibsen authorized to execute this Agreement on behalf of equivant and hereby accepts and binds equivant to the terms and conditions as of the Effective Date. 'equivant Name: Greg Eash Title: Chief Operating Officer Signature: Date:. May 11, 2022 CUSTOMER Name: Pup'Nt Title: VOu '�`' Zu U Cow Signature: Dater vl A q a� DQ Q aa— Please list the appropriate B11 in contact Information if different from above: Contact Name: Title: Address: Phone: Small: Please list the correct Frdiect Lead contact information•if different from above: Contact Name: Title: Address: Phone: Small: i �i 2018 v1 Vol. 3 9 9 pg.2 7 a 1 t - I uivan ` Northpouno Inc dPo/a equivant S EXHIBIT A ise, Maintenance and Support Fees . Software: The CUSTOMER shall belentitied to use the Software set forth below in accordance with the terms and conditions of the Agreement; including, without limitation, the restrictions indicated in this Exhibit. License Fees: The License Fees for the Software are annual fees that are payable per section 4.1 of the software license & maintenance agreement for each contract year and are listed below. The License Fees will be negotiated, each year based on the number of users and the; package of product modules provided, but shall not exceed 3% over the previous year's price per section 5.1 of the software license & maintenance agreement. r Maintenance and Support Fees: The Maintenance and Support Fees are annual fees that are payable in advance for each contract year in which Maintenance and Support Services are to be provided. The Maintenance and Support Fees will be negotiated each year based on the number of users and the package of product modules provided, but shall not exceed 3% over the previous year's price per section 5.1 of the software license & maintenance agreement. Additional Services: Additional Services are billed as delivered unless otherwise agreed. ' Expenses are billed at actual cost as' incurred. CONTRACT TERM: June 1, 2022•— May 31, 2023 ,ANNUAL SUBSCRIPTION& HOSTING FEES Northpointe Classification Management (1 bundle of 5 use licenses) 6 $1,700 $10,200 Northpointe suite Supervision 11 bundle of 5 use licenses) 2 $2,750 $5,500 Hosting -Ama20neavCloud 1 $6,000 $6,000 Northpointe Classification API 1 $2,500 $2,500 Subtotal, Annual Software Subsulptlon and Hosting $24,200 i a 2018 v1 i Vol. 399 pg. 271 1 i ' e uivant HNorthpptnte Ina dtb!a GgWvant EXHIBIT B Support Services 1.1 equivant, or its agents, shall provide support services as described in this Exhibit B ("Support Services") for the Software. The COUNTY will have access to equivant's support services during normal business hours (8:00 A.M. - 5:00 P.M., E.S.T.), Monday through Friday, excluding published holidays ("Support Hours"). The initial term for the provision of, Support Services will be .concurrent with the term of the equivant license as set forth on Exhibit A, unless the Agreement is terminated in accordance with its terms. Upon expiration of the initial term, and COUNTY agreement to negotiated Software Fees for the new term, the provision of Support Services will automatically renew for additional one (1) year renewal terms, unless the COUNTY provides equivant with written notice of the COUNTY's intent not to renew the Support Services no later than sixty (60) days prior to the next anniversary of the Effective Date. 1.2 equivant will provide the following Support Services to the COUNTY: 1.2.1 Correction of confirmed defects in the Software, based upon deviations from documented software.functionality; 1.2.2 Documentation updates via published Release Notes; 1.2.3 Assistance in resolving issues with Software. 1.3 Response Times and Availability. The Customer Care Department is the primary means of communication between the COUNTY and equivant regarding all equivant software issues. Customer Care provides the most efficient means to track, manage, and resolve all equivant software Issues. The following table provides information on equivant's categorization of issues. Uraent Issue results in broad disruption"or degradation of production environment services (not caused by the County's hardware or environment) causing a Extremely severe business impact to the County, and for which no acceptable Severe workaround exists, including where: Business • A core business function is prevented from being carried out; or Impact, • An issue results in a disruption or degradation for multiple core business functions that affect one or more of the County's business groups. I 2018 v1 Voi. 3 9 9 pg. 2 7 2 i equivant Northpotnte inc, dlbla equivant High An error or Software issue related to a core system or business function Serious that causes a serious business impact to the County by impeding the Business normal intended use of the software but allowing processing to continue in Impact a restricted manner, and forwhich there is no known system workaround. Normal A software operational error related to a core system or business function Moderate that causes a moderate to low business impact to the County but does Business not cause a serious impediment to the normal Intended use of the Impact software, and for which a system workaround may exist; or questions about how to use the application. Low System functionality is largely correct except for minor, display or Little or No cosmetic errors with non -core functions of the software that causes little or Business no business impact to the County. Includes requests for documentation Impact changes or corrections. 1.3.1 Response Time. equivant will respond as quickly as possible to each request, but uses the response time targets for Average First Reply Time, during the defined hours of operation, provided in the table below. First Reply Time is defined as the time it takes an equivant Customer Care Agent to respond to COUNTY'S request for -assistance. •�i.R�1'1�}:Ra,{'��,�;'i..��i!��L'4�S.�J +� �`?.h, �{)Fil f�.}�^j'�SY7 '•;k��...- � Z�f�Y � = li iN t �� :`3'�.y.t 1A��4 sAF J`'n} f f�^j, Eft 'v .]>� [ �%?� ��'F• •;F �T} C��t��y1i �4� S'r �j��F.a"�� hki��'3;�Vax�:ti; �� soon as possible, but no more than 24 hoursAs • • business hourshours48 (not including development or release time) 2 business days 2 bus Iness days Mutually agreed time or Scheduled for fu Irelease 1.3.2 Resolution Time. Resolution time will vary depending on the severity and complexity of the reported problem. Resolution time is defined as the time it takes equivant to sufficiently remedy the problem or return the system to operational status. Resolution may mean that a temporary fix has been provided to correct a problem until a permanent solution can be delivered. Average Resolution Time targets are provided in the table above. Elapsed time for development,effort is not included in Resolution time. 1.4 Exceptions. Vol. �' pg273. 2018 v1 equivant Northpointe Inc. ft/D equivant 1.4.1 Inquiries related to interpretation of results or configuration decisions based on COUNTY policies and 'or procedures are NOT included in the Support Services. 1.4.2 equivant will provide the Support Services only for the most current release and the immediately preceding major release of the Software. equivant may elect to cease supporting a platform ,upon twelve (12) months' notice to the COUNTY. equivant shall have no responsibility under this Agreement to fix any errors in the Software arising out of or related to the following causes: (a) the COUNTY's modification or combination of the Software (in whole or in part), (b) use of the Software in an environment other than any hardware and operating system platform which equivant supports for use with. the Software ('Supported Environment°); or (c) County owned hardware problems. 1.5 equivant will provide updates for the Software as and when developed for general release at equivant's sole discretion. 1.5.1 equivant hosted COUNTIES will request the software update to be performed and will approve the modifications necessary .to the active Test/Production environments when an update is required. equivant will perform the software update within its hosted environment upon approval. Documentation (Northpointe Suite. Release Notes) will be made available to inform the COUNTY of software modifications. 1.5.2 On -premise hosted COUNTIES will request the software update to be performed. equivant will build the software installation package necessary to update. the COUNTY'S active Test/Production environments. Each update will consist of a set of files made available electronically and will be accompanied by Documentation (Northpointe Suite Release Notes) adequate to inform the -COUNTY of software modifications. The COUNTY will be responsible for performing all on -premise software updates. 1.6 The COUNTY is responsible for undertaking the proper supervision, control and management of its use of the Software. �99 2018 v1 Vol. Pg. i I e uivant Nonnpamte Inc. dlbla aquivanl EXHIBIT C Northpointe, Inlc. (d/b/a equivant) Hosting Services equivant'utilizes the AWS GovCloud pi'atform for all hosted services. The general scope of services addressed by this Agreement includesfthe operation, maintenance, and support of the: Application and Database hosted under this agreement • Database security • Database Backup services, with retention • Data Center serer operation. Amazon Web Services Service Level Agreement Amazon Web Services (AWS) is the hosting provider for equivant's hosting services. AWS provides secured data centers within the United; States, server hardware, scheduled maintenance services, replication options, back-up utilities and service utilities needed for monitoring and penetration testing. AWS will use commercially reasonable efforts to make the.sdrvices available for each AWS region with a Monthly Uptime Percentage of at least 99.99%. This Service Commitment stipulates that major routing devices within the AWS operated data center and internal network are reachable from the United States Internet 99.99% of the time. AWS's hosting SIA includes' exclusions for scheduled maintenance, malicious atiacks, and legal actions that may impact network uptime. Amazon SLA Exclusions. The Service Commitment does not apply to any unavailability, suspension or termination an included service, or any other service performapce issues; (!).caused by factors outside of Amazon's . reasonable control, including any force rriajeure event or Internet access or related problems beyond the demarcation point of the applicable Included service; (ii) that result from any actions or inactions of COUNTY or any third party, including failure to acknowledge a recovery volume; (ill) that result from COUNTY'S equipment, software :or other technology and/or third party equipment, software or other technology (other than third party equipment within Amazon's direct control); or (iv) arising from our -suspension or termination of COUNTY'S'right to use the appiieabig service in accordance with this Agreement. If availability is iMpacted by factors other than those used in Amazon's Monthly Uptime Percentage calculation, then Amazon may issue a service credit considering such factors at their discretion. equivant Scope of Services All of the services, functions, processes, and activities described below will be collectively described as the "Hosting Services" for purposes of this Agreement. R • I. Application Application refers to the COUNTY'S software licensed from,equivant pursuant to the Software License Agreement.' The Application is hosted by equivant pursuant to this Agreement. 2018 v1 Vol. 3 9 9 pg. equivant i N"POnte lnG d/b/a equivant II. Support Software Support Software includes the. operating system, utilities, database software, monitoring services and necessary licenses required to operate the Application and Is provided by equivant as part of the scope. , • Monitoring includes Maintenance and Performance monitors on bandwidth access (connectivity), server up time and processing stability, unauthorized access, and back door attacks.. Ill. Backups The Production Database will be backed up two times per day: • Full back-up of Production and Test database files executed each Sunday:10:00 PM EST • Differential back-up of Production and Test database files executed nightly at 10:OOPM EST Transaction log back-up of,Production database files executed every 5 minutes. (Test databases are not configured for full transaction logs.) . • Backups are physically stored In the assigned AWS data center. • Backup files are retained for 14 calendar days. • An image of all data and backup drives are securely transferred daily at 6:100AM EST to an encrypted storage volume located in a second storage location within the assigned data center. • All backup files are stored 'electronically, on approved servers. No other media is used to backup, store, or secure offsite backups. IV. Maintenance Schedule Maintenance is scheduled and delivered by equivant technical engineers. Maintenance refers to the maintaining all equivant host servers that house application software and databases. Hosted servers may not be available to the COUNTY during regularly scheduled maintenance windows; maintenance activates are mandatory. The equivant. maintenance schedule is set as follows: f • The first Sunday of every month from 9PM to 12PM EST (Windows and Security Updates). Hours of System Operations . The Application will be accessible and: -available to the COUNTY and capable of normal operating functions 24 hours a day, seven days p week, except for periods of Scheduled Maintenance and previously approved outages communicated by the hosting provider. equivant will not be responsible for inaccessibility arising from communications problems occurring anywhere beyond the equivant production server side of the router resident at the AWS Data Center. Compliance Status AWS GovCloud (US) allows customers at the state, local and federal level to adhere to ITAR, FedRompiFISMA High and DoD SRG impact levels 2,4 and 5. All AWS published compliancy certifications can be referenced directly at: https:llaws.amazon.com/compliance/programs/ 2018 v1 Vol. � � 9 Pg. 276 2 i equivant Northpointo Ina ftia equivant Customer Responsibilities The COUNTY is responsible'for: • Assigning a primary and alternate COUNTY representative to coordinate all communications and activities related to equivant hosting services. These representatives should be authorized decision -makers with appropriate technical capabilities. • Providing user identification data and determining the appropriate security profile for each user account within the software application. COUNTY will control security at the Application level within all hosted environments. • All printing activities. No print job will prinf at the Data Center and all physical printing requirements will be handled by the COUNTY. This includes the purchase and installation of printers at COUNTY'S sited for the Application being utilized as defined in the Scope of Services. ' • Installing, operating and maintaining all workstation software (and COUNTY'S LAN, existing data communications configuration, hardware, or software required at the COUNTY'S site) except as otherwise stipulated'in the Scope of Services. equivant network and network responsibility includes the data. center hardware configuration (servers, routers) to the boundary of the COUNTY network. Internet bandwidth and uptime from the COUNTY'S entry point (physical location/s) is the responsibility of the COUNTY. • Requesting and scheduling all software release upgrades with equivant technical staff. This must be performed a minimum of once per contract year in order to maintain compliance with equivant's End of Life Software Policy. • Testing application upgrades and/or application fixes applied by equivant to Applications used by COUNTY. COUNTY will test all software release updates and fixes prior to their introduction to the COUNTY's Production environment within a mutually agreed upon time frame. Approval to alter the hosted test and production environments is required by the COUNTY. The following pertains to all COUNTY systems hosted by equivant: 1 1. Confidentiality, Integrity, Aval�ability (CIA) • equivant shall protect the Confidentiality, Integrity, and Availability (CIA) of all COUNTY Data ensuring extra levels of security. All COUNTY information must remain private and permit redaction of protected information before publication. Audit trails cannot be altered. 2. Breach Notification • equivant agrees that upon discovery of unauthorized access to COUNTY Data, equivant shall notify COUNTY both orally and In writing. In no event shall the notification be made more than forty-eight (48) hours after equivant knows or reasonably suspects unauthorized access has or may have occurred. in the event of a suspected unauthorized access, equivant agrees to reasonably coordinate with COUNTY to investigate the occurrence. 3. Data • All COUNTY data will. remain in the 48 contiguous states at all times. I 99 Vol. Pg. i r equivant Nprth"initl Inc. dlb/a 6gUNant SERVICES AGREEMENT This Agreement is made and entered into as of June 1, 2022 (the "Effective Date") by and between Northpointe, Inc. d/b/a equivant, a Delaware Corporation, having its principal place of business at 1764 Forest Ridge Drive, Suite A; Traverse City, Mi 49686 ("equivant") and Brazos County Sheriffs Office, having its principal place of business at 1835 Sandy Point Road, Bryan, Texas 77803 (Customer). 1. SERVICES. ; This Agreement shall apply each time Customer engages equivant to provide services. All services provided will be described in;an equivant quotation or a mutually agreed upon "Statement of Work" ("SOW") as applicable (hereinafter referred to as "Services"). 22. TERMS 2.1 Requests for Service, Quotes, and Orders. Customer shall sign and return this agreement for the initial order for Services. All subsequent orders for Services must specify equivant's quotation,(if any), and reference the Services requested and invoice address. All orders are subject to acceptance by equivant. 2.2 Prices. The prices charged for Services purchased under this Agreement will be equivant's then current charges for such services or as quoted by equivant. If the Services are being performed on a time and materials basis, any estimates provided by equivant are for planning purposes only. 2.3 Additional Fees; Taxes. Prices are exclusive of all country, provincial, state and local sales, use, value added, excise, privilege, franchise and similar taxes. Taxes imposed on equivant (other than taxes related to equivant's income) in connection with the Services purchased under this Agreement will be paid by Customer, unless tax exempt, and will appear is separate items on equivanes invoices. 2.4 Invoicing and Payment.; Customer's payment terms will be net thirty (30) days from the date of invoice. 2.5 Term. This Agreement will begin on the effective date stated above and will continue until terminated in accordance with its terms. Each SOW will continue for the term stated therein, unless otherwise terminated pursuant to this Agreement. 2.6 Termination. Either party may terminate this Agreement by providing at least thirty,(30) days prior written notice to the other. Termination of the Agreement will not terminate any outstanding SOWs and the terms of this Agreement will survive such termination to the extent that such terms are incorporated into any outstanding SOWs. Either party may terminate an individual SOW if the other party commits a material breach of such an agreement and the breach is not cured within thirty (30) days of receipt of written notice from the Injured party. Termination of one or more SOW will not terminate this Agreement. Upon termination, all rights and obligations of the parties under this Agreement will automatically terminate except for rights of action accruing 2018 v1 Vol. Pg. ` 4 equivant Northpatnte Into. d/b/a equivant prior to termination, payrpent obligations and implication are intended to survive termination. 3. PROPRIETARY RIGHTS any obligations that expressly or by equivant will retain exclusive ownership in all deliverables created by equivant hereunder and will own all intellectual property rights, title and interest in any Ideas, concepts, know how, documentation or techniques developed by equlvant under this Agreement. equivant will also retain all intellectual property rights with respect to the tools and/or software that equivant uses to deliver the Services. Subject to payment in full for the applicable Services, equivant grants Customer a perpetual, non-exclusive, non -transferable, royalty -free right to use the deliverables solely for Customer's internal use. 4 EXPORT; REGULATORY REQUIREMENTS Customer acknowledges that the Services sold under this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States ("U.S.") and may also be subject to the customs and export laws and regulations of the country in which the Services are rendered and/or received. Customer agrees to abide by those laws and regulations. Customer further represents that any software provided by Customer and used as part 'of the Services contains no encryption or, to the extent that it contains encryption, such software is approved for export without a license. If Customer cannot make the preceding representation, Customer agrees to provide equivant with all of the information needed ,for equivant to obtain export licenses from the United States. government and to provide equivant With such additional assistance as may be necessary to obtain such licenses. Notwithstanding the foregoing, Customer is solely responsible for obtaining any specific licenses relating to the export of software if a license Is needed. equivant may also require export certifications from Customer for Customer provided software. equivant's acceptance of any .order for Services is contingent upon the issuance of any applicable export license required by the. United States Government; equivant is not liable for delays or failure to deliver Services or a product resulting from Customer's failure to obtain such license or to provide such certification. 5. CUSTOMER RESPONSIBILITIES EQUIVANT WILL NOT BE RESPONSIBLE FOR LOSS OF OR DAMAGE TO DATA OR LOSS OF USE OF ANY COMPUTER OR NETWORK SYSTEMS. Customer acknowledges that equivant's performance and delivery of the Services are contingent upon: (I) Customer providing safe and hazard -free access to its personnel, 'facilities, equipment, hardware, software, network and information and (0) Customer's timely decision -making, notification of relevant issues or Information and granting of approvals and/or permission. Customer will promptly obtain and provide to equivant any required licenses, approvals or consents necessary for equivant's performance of the Services. Information disclosed by Customer pursuant to a separate Nondisclosure Agreement ("NDA") signed by both parties will be protected under the terms of the NDA. Customer acknowledges that any information or data'disclosed or sent to equivant that is not protected under a separate NDA is not confidential or proprietary to Customer. 2018 v1 Vol. g 09. 2 % 91 5 equivant Narthpo me Inc d/b/a Cqulvant 6.1 Limited Warranty. EQUIVANT WARRANTS THAT SERVICES WILL -BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY STATED IN THE PRECEDING SENTENCE, EQUIVANT MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY RELATING TO THIRD PARTY PRODUCTS OR THIRD PARTY SERVICES; ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONDUCTING SERVICES; ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES OR THE RESULTS OF ANY RECOMMENDATION EQUIVANT MAY MAKE; AND,ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, (MERCHANTABILITY, SUITABILITY, NON -INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DELIVERABLES OR OF ANY SYSTEM THAT MAY RESULT'FROM THE IMPLEMENTATION 'OF ANY RECOMMENDATION EQUIVANT MAY PROVIDE. 6.2 Limitation of Liability. NEITHER CUSTOMER,. EQUIVANT NOR_ EQUIVANT'S SUBCONTRACTORS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED BY EQUIVANT EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EQUIVANT SHALL NOT HAVE LIABILITY FOR (1) LOSS OF' INCOME, PROFIT, OR SAVINGS, WHETHER DIRECT OR INDIRECT, (II) LOST OR CORRUPTED DATA OR SOFTWARE, OR (111) PRODUCTS NOT BEING AVAILABLE FOR USE. EXCEPT FOR CLAIMS THAT THE SERVICES (EXCLUDING THIRD PARTY PRODUCTS) CAUSED BODILY INJURY (INCLUDING DEATH) DUE TO EQUIVANT'S NEGLIGENCE OR WILLFUL MISCONDUCT, EQUIVANT'S TOTAL LIABILITY ARISING OUT OF, OR 'IN CONNECTION WITH, ANY SERVICES PURCHASED PURSUANT TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SPECIFIC SERVICE($) GIVING RISE TO SUCH CLAIM DURING THE PRIOR TWELVE MONTH PERIOD. 7. INDEMNIFICATION Customer accepts responsibility for, and agrees to indemnify and hold equivant harmless from, any and all liability, damages, claims or proceedings arising out of (1) the failure of Customer to obtain the appropriate license, intellectual property rights, or any other permissions, regulatory certifications or approvals required to support any SOW or equivant's performance of the Services; or (ii) any Inaccurate representations regarding the existence of an export license. 8. MISCELLANEOUS ITEMS 8.1 Assignment; Subcontracting. Unless otherwise provided in the SOW, Customer may not assign this Agreement:without the prior written consent of equivant. equivant has the` right to hire subcontractors to perform the Services provided that equivant shall remain 1 2018 v1 VO4. 39S' Pg280 6 . equivant ► NortbpO WO Ina Wb/a equlvant responsible for the performance of Services under this Agreement, or to assign Services to its affiliates. 8.2 Entire Agreement; Severability. `This Agreement (with attachments) is the entire agreement .between equivant and Customer with respect to its subject matter and supersedes all prior oral and written understandings, communications or agreements between equivant and Customer. No amendment to or modification of this Agreement, in whole or in part, will be valid or binding unless it is in writing and executed by authorized representatives. of both parties. If any provision of this Agreement is void or unenforceable, the remainder of this Agreement will remain in full force and will not be terminated. 8.3 Independent Contractor. The parties are independent contractors. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. 8.4 Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes,. acts of God, war, governmental action, labor conditions, material shortages or any other cause which is beyond the reasonable control -of such party., 8.5 Dispute Resolution. The parties will seek a fair and prompt negotiated resolution within ten (10) days of the initial notice of the dispute. If the dispute has not been resolved after such time, the parties will escalate the issue to more senior levels: Nothing herein shall prevent either party from seeking a preliminary or permanent injunction to preserve the status quo or prevent irreparable harm during the negotiation process or diminish the respective rights of the parties to pursue any and all remedies available in law and/or equity at any time. i 8.6 Notices. To give notice under this Agreement, the notice must be in writing and sent by postage prepaid first-class mail, receipted courier 'service, facsimile telecommunication or electronic mail to the address which appears below each party's signature below or to such other address as any party shall specify by notice in writing to the other party and will be effective upon receipt. 8.7 Section Headings. The section headings contained in this Agreement are inserted for reference purposes only and shall not affect the meaning or interpretation of this Agreement. 8.8. Governing Law, Jurisdiction and language. The laws of the State of Texas will govern this Agreement. ; 8.9 Limitation Period: Neither party may institute any action in any form arising out of this Agreement more than two (2) years after the cause of action has arisen, or in the case of nonpayment, more than two (2) years from the date of last payment. 2018 v1 Vol. Pg.2 8 1 7 . I u iva n d Northpoinle Ina d/b/a equivant 8.10Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, bu't all such counterparts shall together constitute one and the same instrument. 8.11 Additional Services and, Expenses. If the Customer requests additional Services, these services will be on a chargeable basis to the Customer for actual time, plus travel expenses. , 9. SERVICE AGREEMENT PRICING PROFESSIONAL SERVICES � FIXED FEE Implementation Package $78,531 • Includes Travel Fees Subtotal, Professional Services $78,531 equivant Name: Greg Eash Title: Chief Operating Officer Signature: 0 X. Sae! Date: May 11, 2022 2018 v1 CUSTOMER Name: jl�k P6T0Z% le: VuLo a e Signature: Date: Y I A,( -2'�- Vol. Pg. � 8 j�-. • •r-- 1. _ �� ` �� 1 � .w 1 • =` fir• °t'r., rr-r ta�� ri {1•E2��1 .. �4'�� ,4LS IM Mir -t j.� • r, y 5�� cta , s= ; 3 Inv ori'.hpointe uite SECTION 1: Getting Started equivant is pleased to partner with the Brazos County Sheriffs Office (Customer). This Statement of Work (SOW) identifies the tasks required to Implement this project based on the software and services in the approved Price Proposal and equlvant's understanding of all requirements. equivant will utilize the total number of hours listed within this Statement of Work as needed for any of the estimated activities included herein. Identified hours in the Work Breakdown Structure may be moved between tasks as necessary to complete service delivery. equivant Responsibilities Upon execution of the contract, an equlvant Project Manager will be assigned. The equivant Operations Division will process the contract and prepare for project launch within two weeks of contract execution, dependent upon equivant service team availability. The equivant Project Manager will coordinate kick-off tasks and assign the equivant project team. Circumstances may necessitate changes to the tasks and/or time estimates, at which time equivant and the Customer will, in good faith, discuss these changes and any potential adjustments in tasks, time or costs per the approved change management process outlined herein. Customer Responsibilities The Customer will identify their Internal stakeholders and Include all management, end user and IT resources necessary to complete the software installation, configuration and training as outlined in this Statement of Work. The Customer will also be responsible for contacting and/or securing any third party resources required to build/test/implement interfaces to systems beyond the boundary of the Northpointe Suite application; equivant does not schedule or manage third party resources as part of this project scope. This includes all Customer technical personnel that may be assigned to interface development efforts, including the required JMS vendor efforts needed to complete this proiect. equivant will work directly with the Customer's appointed Project Managerfor resource coordination when necessary. Upon contract execution, the Customer will prepare for project launch by coordinating all stakeholders, scheduling the project kick-off call with the equivant Project Manager and reviewing the scope in detail. The Customer will be responsible for contacting and/or securing all third party resources required to build/test%implement interfaces to systems beyond the boundary of the Northpointe Suite software application; equivant does not schedule or manage third party resources as part of this project scope. Vol. 9 9 pg. 284 Page 2 1 Statement of Work www.equivant.com North: of to , uite SECTION 2: Work Brdakdown Structure i WBS 1.0 Professional Services - Project Management equivant will provide project management services and oversight to execute a project schedule for the project's requirements, including the management of applicable resources. These services will be delivered Incrementally over the life of the project. equivant will provide the following project management services: • Bost a kickoff conference call between the equivant team and the Customer to review the Services within the Statement of Work and discuss the project timeline. • Coordination of internal and external project resources and activities to ensure milestones are achieved as planned within the project schedule. • Coordinate project tasks to minimize implementation time and costs, while taking into consideration resource and time constraints. • Serve as the main point of contact for the Customer's Project Manager. • Provide project status updates. equivant requires that the Customer'appoint a Project Manager and identify all required resources that will be assigned on the Customer's Project Team, including the JMS vendor contact. The Customer's Project Manager will be responsible forthe Customer's personnel resources and deliverables within the project. This team must have the authority to make decisions regarding the scope and details of the project for design and implementation purposes. Change Management Process Any change or modification to this SOW and to the functionality or response of the software application will result in a Change Control and will be managed through the Change Management Process. The scope of a project is defined by this Statement of Work. Requests to change the scope of the project by adding or editing requirements will be represented within a specific Change Control Request form, regardless of the size or impact of the requested change. Although either parry may request a change, documenting the change will be overseen by the equivant project lead. Joint approval of the Change Control Requestform is required before work on the change can be scheduled and initiated. Changes to this contract or scope of work may only be approved on behalf of Brazos County, by the Brazos County Commissioners' Court. Deliverables far Project Management Services • Up to 92 hours of Project Management services va. 3 Pg. Page 3 1 Statement of Work �__ www.equlVant.com tQ +sif}l��%y �� jrw.,u+ '•'ilAlril9:< 'Nisi WBS 2.0 Professional Services ; Software Installation For hosted solutions, equivant will install the software agreed to within the software License and Maintenance Agreement. The Customer will ensure that all client machines meet the Minimum Client Requirements needed to access and work In the hosted web application. equivant requires that the Customer configure their network to allow all necessary client machines to communicate with the equivant Hosted web application over standard Internet protocols (HTTP and HTTPS). equivant will perform the software installation on the equivant hosted UAT and Production servers accordingly: ■ - The UAT application will be installed first, upon acceptance of this Statement of work. Building and utilizing a UAT server is a project requirement. This test environment will be used by the project teams for all service delivery tasks outlined within this Statement of Work. o When involved, any third -party vendor must provide access to their own UAT environment as required for testing purposes related to data exchanges of any kind. equivant will ensure that third party vendors working for the Customer can access the equivant UAT server as needed for system testing and full interface testing as defined within this Statement of Work. o equivant is not responsible for the setup or configuration of any third -party vendors' systems or network access. ■ equivant will duplicate the UAT environment, which will include the Customer's final software configuration setup, in order to create the Production application/database in a production environment. This will be accomplished prior to Go Live approval from the Customer. The Customer will provide the required operating software - including licenses, media, and documentation - for all client machines. equivant will not be responsible for Customer network infrastructure or client machine management. Minimum Client Requirements: Windows 7; Internet Explorer 11 or Chrome; Adobe Reader 9. Client Hardware Suggestions: System hardware should meet or exceed Microsoft minimums forthe operating system installed; Graphics card and monitor that will support 1024 by 768 pixels screen resolution. equivant Hosted System Testing Within each of the hosted environments, equivant will conduct a test to validate that the software is installed and will verify: • The application is accessible via approved browser connection • The ADMIT! user can login successfully • The creation of: (1) a scale set; and (2) a case plan • The ability to create and print: (1) an assessment and (2) an Alternative Screening • The ability to access the Ad Hoc Report Generator module. Deliverable for Software installation • Up to 12 hours for Software Installation: j o Delivery and Installation • of contracted Software Subscription in the UAT environment. t Page 4 1 Statement -of Work vol 3 9 9 Pg c 6 N www.equlvant.com Manual Data import equivant will provide assistance for one custom manual import to the Customer's production database in order to populate criminal and misconduct codes used by the Customer. This import will be performed using only Customer provided data (via equivant approved format: flat files or Excel files) and will be limited to one importtotal. Additional Import needs will be estimated for a Change Control, and all budget proposals will be submitted to the Customer for review/approval. Deliverables for Software Installation and Testing Up to 12 hours for Software installation and Testing: 0 1 manual database Import of criminal and misconduct codes (data file to be supplied by customer) o Delivery and Installation of Software License In UAT environment. WBS 3.0 Professional Services— Analysis Workflow analysis is Included in the scope of this project. This activity focuses on the Customer's business processes and the existing design of daily operations. equivant will review process design and the impact on the Northpointe Suite setup and implementation. in addition, equivant will review existing secondary screening tools within the software, and how they can be incorporated into daily work flow. equivant will meet with the Customer to discuss and define the Customer's Internal work processes. The Customer will be required to define organization structure, staff and security rules and detail policy related to decision making. This workflow analysis session will inform the software configuration efforts, and allow the team to Identify and find solutions to specific problem areas noted by the Customer. Deliverables forAnalysis Services o Up to 32 hours analysis: o 16 of Core (Assessments) process analysis: to be delivered on two consecutive days onsite o 16 hours of Classification process analysis: to be delivered Ina one -day session onsite WBS 4.0 Professional Services - Software Configuration The Northpointe Suite comes with many of the configurable fields pre -populated with common criminal justice default values. The configuration support work included in this Statement of Work provides the Customer with an overview of the configu ration options and assists with the key decisions required for Go Live. This includes data elements needed for the set-up of the system'such as Customer ID/Location and User Security Groups. Application and security settings are the foundation for the implementation. Software configuration is primarily the Customer's responsibility. L, System administrators will be the audience for this software configuration support, as it addresses system setup, configuration and system management. In addition, Customer personnel that will be responsible for the ongoing maintenance of the system should be included in all configuration planning. Deliverables for Software Configuration o Up to S6 hours of software configuration: o 28 hours of Supervision (Assessments) software configuration - Page 5 1 Statement of Work www.equivant.Gom Vol. 399 pg2 8 7 0!'Ir11�1 • i S ' 8 ■ 16 hours delivered onsite on two consecutive days ■ Remaining 12 hours to be delivered remotely. Sessions scheduled by Project Manager. o 28 hours of Classification software configuration - ■ 16 hours delivered onsite on two consecutive days ■ Remaining 12 hours to be delivered remotely. Sessions scheduled by Project Manager. WBS 6.0 Professional Services - Training This project will include deliverables that focus on user training for the following software modules: — Classification Supervision The Software Navigation and Ad Hoc Report training provides hands on software navigation and use training. Each training participant must have access to a computer with Internet access In order to access the Customer's UAT site for hands on training exercises. Software training services will not be provided by equivant until the Customer's consulting and software configuration activities are complete per this Statement of Work. The equivant training will: • Provide standard electronic training materials to the Customer for distribution as needed for participants. • Provide trainees with the basic navigation skills in the Northpointe Suite Classification module. • Provide trainees with the ability to complete the automated Classification and Reclassification process. • Guide interpretation of the classification and assessment outcomes, • Guide users in navigating the Ad Hoc Report Generator module: o Includes building a new report o Includes review of the "My Saved Reports" versus software standard reports. equivant training materials assume all users are familiar with a Windows environment —the equivant training will not include any Windows or remedial computer training. Deliverables for Training • Up to 48 hours of Training: • Up to 16 hours of training preparation (remote delivery): • Up to 16 hours of Classification Software Navigation Training (delivered on two consecutive days; onsite) • Up to 8 hours of Basic Risk & Needs Software Training (delivered in one session, onsite) • Up to 8 hours of System Administrator training (delivered onsite with another scheduled training) WBS 6.0 Professional Services -- Software Development and Quality Assurance . equivant will develop a new broker service to receive a one-way data push from the Agency's JMS vendor, Tyler. Northpofnte will receive a.flat file in DES Broker service. This flat file will contain the following columns related to an inmate: Page 6 1 Statement of Work _ B www.equivant.com •` Vol. 399 Pg. 288 BOOKING NO ARREST AGENCY ' LAST NAME FiRSTNAME MIDDLE _NAME ID —NO RACE SEX DATE OF BIRTH ARREST DATE BOOK DATE BOOK_TIME CHARGE MISD_FEL CHARGE_DESC i No data will be sent from the Northpointe Suite system'to the Tyler jail management system. If additional columns are required by the Agency to capture additional data elements, equivant may Issue a Change Control Request form outlining the additional time and cost associated with the requested change. equivant reserves the right to accept or deny any requested change/s to the existing Northpointe Suite data exchanges. The equivant Project Manager will schedule a Team Review meeting with the Agency/ JMS vendor to review the final specification, and define the data exchange frequency, • All outstanding questions or issues will be submitted by the Agency to the equivant Project Manager in writing for review. • If issues require changes to the, broker service, equivant willreview the requested scope change. No changes will be made to the broker without an approved Change Control Request allocating additional time and budget for the work. DEVELOP equivant will develop and test code within its system to receive one flat file from Tyler. Upon receipt of this file, the Northpointe Suite system will parse the data, and create a unique Person record within the system. The JMS vendor will commence development of the flat file as required forthe Jail Management System to create and send the flat file. Development will be done based on the approved data element list from above. The Agency will work to define and build the test datasets that are required in order to fully initiate system testing once development is complete. Deliverables for software Development and Quality Assurance 0 Up to 82 hours of software development and QA: o equivant to facilitate,one planning meeting with Agency and JMS vendor to finalize broker development o equivant to finalize Broker Specification document o equivant to develop the broker to receive flat file from JMS vendor o equivant to perform a maximum of three tests of data file from JMS vendor: Page 7 l Statement of Work Vol. Pg. 2 8 9, 8 www.equivant.com j =Nog-R.-Puffite uitie 1. data field parsing is correct in the Northpointe Suite 2. Person record successfully created in the Northpointe Suite upon receipt of flat file 3. Error handling logs are activated. ■ Customer will validate results of successful inputs and outputs based on the approved API Technical documentation. WBS 7.0 Professional Services — User Acceptance Testing The Northpointe Suite application is a COTS solution (commercial off the shelf). in order to ensure that the installed application meets the functional scope as defined by equivant in its software documentation, the Customer will perform user acceptance testing. equivant assumes that the Customer will schedule and complete this testing within two (2) consecutive business days. equivant will provide one (1) staff to support the UAT during this period. equivant will assist the Customer during the UAT period by answering questions regarding functionality or operation, and by investigating reported software application issues and by remediating any validated software defects. The Customer will be responsible for managing and conductingthe UAT, including the coordination of any third parties other than equivant if -.needed. The Customer -Mil develop a user acceptance test plan that will delineate the use cases to be tested, the data to be used in testing each use case, the expected outcome of each test and the pass/fail criterion for each test. The means by which the test cases will be -tracked and the outcomes reported will be in a mutually agreeable format. The fully completed user acceptance test plan must be provided to equivant prior to the startof user acceptance testing. equivant will review the test plan and provide feedback to the Customer regarding the scope and sufficiency of the test plan. During the UAT period, daily stand-up calls will be scheduled at a mutually agreeable time each business day to review the progress of the testing and the status of any open items. Once The Customer has successfully completed the User Acceptance Test the Software may be deployed to the production environment for production use. Deliverables for UAT • Up to 24 hours of user acceptance testing support (remote) o Attendance at Daily Stand-up Call WBS 8.0 Professional Services — Go Live Support As part of planning and preparing for go -live, equivant will conduct a planning meeting with the Customer to assess readiness, and discuss go -live and any cut -over activities. The Customer will also receive Customer Care support information and all Customer information will be set up in the equivant online Support Portal prior to Go Live. When the Customer commences live operations, equivant will schedule one (1) staff to provide remote "go five" assistancefor the first three business days of production use of the Software. Deliverables for Go Live Support Page 8 1 Statement of Work n o B www.equivant.corr Vol.. pg. �' 4 N' N'o poln S) e n �. Up to 16 hours of go -live support (remote) Travel Expenses All equivant travel expenses are included ,n the Fixed Fee project pricing. Travei charges include all related charges for airfare, lodging and transportdtion, meals and automobile expenses related to onsite Customer trips. If last minute travel change requests are made by/the Customer, the Customer will be responsible for reimbursing equivant for any related change fees or related expenses. 6 onsite trips are included In the scope of this project:, Classification Analysis (2 days) Trip 1 Supervision 'Analysis (2 days) Trip 2 Classification Configuration, Navigation Training (4 days) Trip 3 Supervision Configuration, UAT (3 days) Trip 4 Supervision Navigation Training (1 day) ti Trip 5 Classification Configuration, UAT (2 days)' Trip 6 All on -site trips must be scheduled at least three weeks in advance. SECTION 3: Project Pricing Pricing Summary The following table summarizes the Professional Services pricing for this engagement: PROFESSIONAL SERVICES— FIXED FEE implementation Package $78,531 • Includes Trovel Fees Subtotal, Professlonal Services $78,s31 1. All pricing excludes applicable taxes, which are the responsibility of the Customer, unless tax exempt. 2. If project is cancelled prior to completion, all effort and travel -related costs expenses through the' date of cancellation will be due and payable. Payment Milestones This project is a fixed fee engagement. Ail invoices for services delivered will be issued based upon pre- defined mllestones'outlined in this section. Page 9 1 statement of Work Vol. Pgiq- ewww.equivant.com l " N' rich • • m e Suite Upon milestone completion, equivant williissue an invoice'ln the amount assigned for the completed - milestone. Invoices will be sent to the Customer per equlvant's monthly billing cycle. Note that one to many milestones may be billed in one billing cycle. This project will use the following milestone payment schedule: ID Milestone Description Payment Due , Proj tyWOff Cbmpiefe ' 2.0 Software Install Complete - UAT _ $10,643 %C - %. �' bnsite: Classificatioy.I Andiysis Comp.' t,6d r `r' 7;80$• ' `'' _ `'i 4.0 Onsite Supervision Analysis Completed $5,308 !;5:0'w__LSoftwareCorifiguration;Completed;`a`: 6.0 1 Software Navigation Training Completed $9,212 •7.0; •.Systei•nAdrriinistratorTral'nirig�Cbmpleted; '°��''•• _ $�;712'' "_��'�i 8.0 i OAT Launched_ ; $14,212 9_af-�-_ Go.Liv!Comnlete .' ,: -, $2; I SECTION 4: Assumpt,ions General Assumptions 1. These services are priced on a fixed fee basis. Travel expenses are. included as outlined herein. . 2. equivant's scope of work does not Include installation and/or configuration of any computer hardware or peripheral equipment housed within the Customer's environment. The end user will be responsible for installing and configuring computer hardware and peripheral equipment and following all system requirement specifications. 3. Customer will purchase all hardware and software required for implementation based upon equivant's 'Minimum Client Requirements', including any and ail hardware and software needed for client machines and hosting environment. 4. Customer will have all of the necessary and appropriate personnel at the project meetings for the purpose of defining and approving the requirements of the project. 5. Customer is responsible forTCP/IP connectivity from all client workstations to the necessary servers. 6. Customer will appoint a single point of conta.ct.forthe duration of the project. This person should have project management responsibilities and decision -malting authority for the Customer. This person -will be the primary point of contact for equivant's Project Manager. 7. Customer will make appropriate technical resources available to equivant, Including but not limited to Customer administrators, supervisors, IT administrators/engineers and end users as needed. 8. equivant will provide on -site training to Customer in a ciassroom environment suitable for training. Customer will be responsible for providing and preparing the training facility to include a computer terminal with Internet access for every participant and the presenter, a projector and screen, flip charts and a white board. 9. The training noted in the Scope of Work does NOT certify participants as trainers unless explicitly noted in this SOW, equivant is the only entity that can certify trainers to train others. 10. For professional services or customizations not expressly included within this Statement of Work, equivant will issue a Change Control including work/budget estimates to accommodate the additional requirements. Page 10 1 Statement of Work ® www.equlvant.com VOL 3 9 pg. 2 9.2 i No . h of a Suite 11. This Statement of Work does not nclude any costs associated with 3rd party vendors or software that may requlre development to. complete the implementation of the work described herein. 12. Customer is responsible -for all manual data entry and/or data scrubbing related to production data sets. 13. This Statement of Work is valid fdr 120 days. Project Management and Risk Factor Assumptions 14. The Customer project manager will be responsible for obtaining all required approvals and/or signoffs by Customer related to project deliverables and project progression in a timeframe that is In alignment with the Project Schedule. Delays to this process, as well as any Customer tasks not completed within the Project Schedule timeframe, may be subject to the Change Order Management process. Delays will adversely impact targeted deadlines, and may include increased project fees Y- required to maintain baseline Project Schedule activities. 15. Any scheduled equivant resource that is unable to proceed with assigned tasks due to an Customer initiated delay (Le. lack of approvals, failure to engage Jail Management System vendor, interface development delays, etc.) will be reassigned to other work within the equivant queue. if equivant resources are reassigned to other projects, the Customer project will be placed on hold until additional resources become available. 16. Customer is fully responsible for all data exchange efforts not described within this Statement of Work. 17. If Customer approvals are delayed for more than 10 business days for no defined reason, egquivant will consider the project on hold and will invoice for services rendered to that time. Infrastructure Assumptions ` 18. Access to all working environments must be made available to the project team throughout the project, including technical UAT and production environments. 19. Acquisition, installation, testing, support, and tuning of any additional required application software, hardware, DBMS, other software, peripherals and communications infrastructure will be the responsibility of Customer. 20. Customer will be responsible for deploying access to the system and for providing all supporting software, hardware, and connectivity to the servers. Page 111 Statement of Work Vol. U0 Pg._�= www.equivant.com i i 'Mitejbf Jssuant,0; 05I2312423 CHANGE ORDER #1 Owner: Brazos_ County Road'& Bridge Contractor: Larry Young Paving Engineer's Ptoject No.: 21-b842 Project: Pi*iqh Creek-CukQWM44 lleqoristruttion Th . e Contract is modified asJollows upon execution of this Change Order: -Reduce contract price atthe.-erkd of theproleqt for unused. owner contingency, and -unused bid Items. The total worked completed is $4,266, - 502.57 including all. material overruns and underrunsg CHANGE IN CONTRACT PRICE 'CHANGE IN CONTRACT timiiS Original Contract Price. i Original CofitradtTIMLs:.200 days Substantial Completion: February 17,4023 -_$ 408109.00 Ready for Final Payment: March 19, 2023 :Change from previously approved -No, Change Orders, Change from previously approVed Change Orders No. 0 N/A to Nq._NJA - to No. 0:' Substantial Completibri: 0 0.00 Ready for Final Payment: '0 Contract Price p&rtathls Change Order: Contract Times prior to this Change Order: Subftantlal Compldtion: February 17,2623 4.W8,709.00 Ready for Final Payment:.. March 19, 2023 Increase of this Change order: Change -of this Change Order: Additional Weather Days: 26 days 'Substantial Completion:. March'15, 2023 142,266.43' ,Cciritract Price Incorporating this Change Order: Contract Times with.all approved Change Orders: 4,266,502.57 Substantial Completion: -Mafch'lS. 2023 Ready for final Payment: Avri W23 APP By: Owner {Authorized Signature] -ACCEPTED: By: ---.t—rtnr (Authorized Signature) True: C 0 kA o JL& Title: .Date-- 5 Date: -RECOMMENDED- By: Date: 05/23/2023 Title: -Project Manager. Vol. Pg. 294.1 23-011R Carpet Cleaning Bid Tabulation previously known as #22-009R, 21-00511, & 19-012 October 1, 2022 -September 30, 2023 Amendment #2 item # Location Estimated SQFT Asure Carpet Enviro USA Inc. UBM Enterprise, Inc. 1 Ag Extension 3,091 $900.00 $494.19 $520.00 2 Adult.Probabtion 11,500 $1,300.00 $1,725.15 - $1,035.00 3 Brazos Center 9,400 $1,400:00, $1,410.15 $1,128.00 4 Health Department 8,430 . $400.00 $1,282.50 $1,011.60 5 Juvenile Justice Center 32,138 $7,570.00 $2,212.50 $1,384.65 6 Road and Bridge 2,500 $280.00. $487.50 $500.00 7 Tax Office 6,000 $700.00 $922.50 $720.00 8 Maxwell Building 6,400 $640.00 $960.15 $768.00 9 1justice of the Peace Pct 3 2,700 $300.00 $513.19 $540.00 10 Courthouse 53,000 $4,770.00 $5,565.10 $4,240.00 11 Administration Building 47,300 $4,250'.00, $4,966.50 $3,784.00 12 Sheriffs Office 12,000 $1,300.00 . $1,440.12 $1,080.00 13 Exposition Complex 24,350 $2,400.00 $2,922.12 $21922-.00 14 Lily Building 2,944 $280.00 $577.50 $588.80 15 Constable Pct. 1 550 $'150.00 16 Jail Administration Building 9,327 $2;795.00 16 Cost per Square Foot for Spot Cleaning ° . $0.30 with, $45.00 Max, ° $0.27 $0.23 Totals $29,405.00. $25,479.17 $20,222.05 Notes: Withdrew bid, can't meet scope of work 3rd Renewal of 3 ACC Texas Services LLC pFeve by C mmissioner C rt on this day of V Y t lor-f 2023 by holding the position of ®t.�1'`��"`� �j t,LCG G" AMENDMENT #2 TO 23-011R CARPET CLEANING THIS AMENDMENT TO 23-011R also known as 19-012 Carpet Cleaning Services for ]Brazos County ("Amendment") is entered into and effective this May 9, 2023 ("Effective Date") through September 30, 2023 ("Expiration Date") by and between Brazos County ("Customer"), and ACC Texas Services ("Provider") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement (as defined below) unless otherwise stated herein. RECITALS 1 WHEREAS, the Parties entered into that certain original contract # .19-012 ("Agreement") for purposes of ACC Texas Services to provide of the service carpet cleaning for Brazos County-, and WHEREAS, the Parties desire to amend the pricing as set forth in original contract # 19-012. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and. sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Additional square footage of 9,327 of carpet cleaning for the Brazos County Jail Administration in the amount of $2,795.00. 2. Additional square footage of 16,753 of carpel cleaning for the Brazos County Juvenile Detention Center Addition in the amount of $3,870.00. 3. Additional square footage of 3,091 of carpet cleaning for the Ag Extension Building in the amount of $900.00. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in .counterparts, all of which taken together shall constitute one instTument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on .all Parties hereto. BRAZO�OUNTy Sig azure VL,_AWt Pe-reg_-S; NaEe OUN—C-4 �tcDCo Title6 ! 3olaoaa Date ACC TEXAS SERVICES Signature Na ne pa �r Y;'tle 57A— .1 Date - Val. 399 Pg `G CARPET CLEANING ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 IQ Request No.19-012 Bryan, Texas 77803 Page 1 of 9 Pages Telephone (979) 361-4294 GENERAL REQUIREMENT FOR CONTRACT !1!1, �A {\ iL�as a duly authorized representative oA-_,:;i 42 &Q& L-l'eC�nS 2C - "Contractor" willingly attest to perform (or deliver) as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. The County reserves the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the Bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an 'authorized representative of the firm. -Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Bidder agrees to provide Brazos County the "Certificate of Interested Parties", Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.state.tK.us/whatsnew/elf_ info_forml295.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Vol. � � � I'g. 22297 �(G IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 2 of 9 Pages CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non -response. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the- submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the Contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent Contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of -2E9] IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 3 of 9 Pages this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each deliveryt indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and/or services are required, the Contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the Contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as requited by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the Contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this contract shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further. advised that these E pg. `�99 IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 4 of 9 Pages requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the'offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code § 15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, if one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production -to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and Vol. 39 pg. 3 0 IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 5 of 9 Pages requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Emplovers Liability Insurance in the amount of $1,000,000. In the event any work -is sublet, the Contractor shall require the subcontractor similarly to provide -the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts 'of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without prior approval by the Commissioners Court/Risk Management. (3) Automobile Public Liability Insurance with a $500,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance fiunished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 dates prior written notice has been given to Brazos County. LEMHATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and `conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes;, limitations of periods to bring legal action; granting control of litigation or settlement to another ' party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and/or Pg. IQ request# 19-012 BRAZOS COUNTY, TEXAS Page 6 of 9 Pages equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 CONTRACTOR: Sales Contact am� g• Phone Number: Billing 1,. - irb-C\Ml , a� - �n�--4 4-74 fb Mn ri ASSIGNABILITY This contract may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. Vol. 400pg. '� . BRAZOS COUNTY, TEXAS ENTIRE CONTRACT IQ request# 19-012 Page 7 of 9 Pages This contract represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall, provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes- and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses, brought for ,or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his 'contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. Vol.© fig. 3 l IQ request# 19-012 BRAZOS COUNTY, TEXAS -Page 8 of 9 Pages ROUSE BILL 89 & DEBARMENT VERFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.saTn.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms that the company submitting this proposal, under the provisions of Subtitle F, Title 10, and Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Authorize Date-( Y �A2A.QCV+ LP. ep)- 0 l B Contract #: 17 ✓� - l� -ova c�� l�� } Vol. 400 Pg. _� BRAZOS COUNTY, TEXAS IQ request# 19-012 Page 9 of 9 Pages CERTIFICATION OF BID The undersigned further affirms the non -debarment statement above, that they are duly authorized execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents. of this bid have not been communicated to any other vendor prior to the official opening of this hi rl Signed By. �r Typed Name: an Company Name: Email Address: Mailing Address: Title: None r L r Employer Identification Number: Social Security Number: Aq -?,{o- 4[LjCQ . Crl':21- LCP(5 - Q4714 Zip d b ommissi a s' Court on this41 �' day ofa&z&b6-2018 by olding the position of LirGt vol. 4 0 0 pg. 5 EDIT "A" IQ 19-012 Carpet Cleaning Contract Term: October 1, 2018 — September 30, 2020 Fill out "Informal Quotes" form and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan. TX 77803 in a sealed envelope clearly marked "IQ 19-012, Carpet Cleaning". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing Department by 2:00p.m., Thursday, August 23, 2018 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered- to any other person or department other than previously specified, will not be considered responsive. Brazos County is soliciting quotations for carpet cleaning for all Brazos County buildings_ Some Brazos County buildings will have high traffic areas and/or low traffic areas. The Brazos County Building Maintenance Department cleans these buildings on a daily basis and may need assistance with occasional carpet spot cleaning and/or occasionally need an entire building's carpet cleaned. Carpet cleaning service will be on an "as needed basis". All other tools, implements, personnel, supervision, labor, supplies, equipment, vehicles, and all efforts necessary to carry out the services 'as required for this operation will be provided by the successful bidder. Prices quoted shall be for a two (2) year period, with an option for renewal for three (3) additional one (1) year periods beginning October 1, 2018 through September 30, 2020. A. SPECIFICATIONS 1. Vendor shall provide a truck mounted unit for all carpet cleaning done for Brazos County. 2. Vendor's truck mounted cleaning system must have suction of no less than 285 cfm. 3. Vendor shall dump all evacuated waste water from the cleaning of carpets into a sanitation system in accordance with EPA regulations. 4. When carpet cleaning is needed, the Brazos County Building Maintenance Department will schedule the service with vendor. 5. Vendor must be able to provide carpet cleaning service between the hours of 8:00am — 5:00pm Monday — Friday. 6. Vendor must receive a purchase order from the Building Maintenance department before starting any work. 7. Once service is completed, the vendor will send invoices to the Brazos County Building Maintenance Department located at 206 N. Washington Ave. Bryan, TX 77803 to the attention of Jeanine Scarmardo. Exhibit A Vol. 4 0 ® Pg• 6 Page 1 of 5 8. Vendor will provide the purchase order #, location that was cleaned, the square footage that was cleaned and the date of service on each invoice. 9. Vendor shall provide quotes for each location. Square footage is provided below. 10. Vendor must provide a quote per square footage for spot cleaning and treatments. 11. Quotes provided shall include any fuel charges, freight or other associated, miscellaneous cost not specified herein. B. INSURANCE REQUIREMENTS 1. Successful bidder must provide evidence of required insurance prior to award. Full description of insurance requirements are listed in the attached Contract. C. AWARD 1. The contract award shall be based on, but not necessarily limited to, the following factors: a) Cost b) Special needs and requirements of Brazos County c) Time needed to complete service d) Location of Contractor (distance that vehicles will travel for services) e) Contractor's past performance record with Brazos County 2. Although the cost of products to be provided is an essential part of the award, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Contractor considered to be the best value to Brazos County. D. AUSCELLANEOUS 1. Contractor must sign and agree to all terms and conditions of Brazos County Service Contract attached or quote submission will not be valid. 2. Contractor must submit and post all questions regarding this solicitation on the Brazos Valley Online Bidding System located at www.brazosbid.cstx.gov. Any questions received via email or phone call will not be answered. Exhibit A Vol. 400 pg. Page 2 of 5 / E. QUOTES 1. Fill out section below and hand deliver or mail to the Brazos County Purchasing Department, 200 South Texas Ave., Suite 352; Bryan, TX 77803 in a sealed envelope clearly marked "IQ 19-012 Carpet Cleaning". Include the signed Contract and a copy of the required insurance with the submission of quotes. The required Insurance is listed in the attached Contract. Quotes must be received by the Brazos County Purchasing DeQartrnent by 2.00p m Thursday August 23 2018 or they will not be considered. Brazos County will not accept any pricing if delivered via email or fax. Pricing proposals or IQ's delivered to any other person or department other than previously specified, will not be considered responsive. Location Estimated SQ FT Cost Ag Extension 2,600 3C.0 _QQ Adult Probation 11,500 i-6o o j .00 Brazos Center 9,400 dt 4,�-kco , ac) Health Department 8,430 t_. O-) cc Juvenilestice Center 15,385 $ Road and Bridge 2,500 Tax Office 6,000 - `7 aQ _C)(- Maxwell Building 6,400 ('0 qC) _ 00 Justice of the Peace 2,700 Pet. 3 Courthouse 53,000 �� `Z 0, a� Administration Building 47,300 1 Sheriffs Office 12,000 -loo .00 Exposition Complex 24,350 a d o . 00 Exhibit A Page 3 of 5 vol. 4 0 0 pg. Lily Building 2,944 Quote for Spot Cleaning Cost Per Square Foot '{ . �� ; -h �t�J tk TOTAL i J 1, Reliable contact information; please include name and phone# for scheduling. —1-1 P, -( . �-CAW -U-1 /-16oce NameCL_I,q _ `1 Li-74 Phone # Exhibit A r Page 4 of 5 Vol. 400 Pg 9 c The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid and,agrees to do so for the term of this contract. The bidder also agrees to all of the terms and a condition contained in this document and agrees to be held to them for the term of this contract. Name of Company: R-Sor,2� Tax ID #: Address: P �� Email: koce Telephone #: " 1 lC Printed Name: Signature of A 15" I s G>Llecae -1-1949 0.1 Pe- . CGrn j n-I - N --- r Exhibit A Vol.' Q Pg. Page 5 of 5 Bid # 23-121R Hydro -Mulch Seeding of County Rights of Way Previously known as 22-131,21-126R, 20-108 July 1, 2023 through June 30, 2024 Britten. Hydroseeding 1 Flat Fee(April 15 - Sept 15) 0.2000 Square Yards $950:00 2 Flat Fee (Sept 15 -April 15) 0-2000 Square Yards $1,000.'00 3 Unit Price (April 15 - Sept 15) 2001 Square Yards and Up $0.38' 4 Unit Price (Sept 15 -April 15) 2001 Square Yards and Up $0:39' 5 Unit Price for Watering Previously Hydro Mulched Area (Vendor. Provided Water): $0.20 6 Unit Price for Watering Previously Hydro Mulched Area (County Provided Water): Third Renewal of Three: Britten Hydroseeding A Con rm*ss)on C urt on this 30 day of � � A-- , 2023 by holding the position of a C) 0,11M-1,06Ah ��1� � {� Purchn"ing Department 20.0 SOUTH TEXAS "E.SUITE 352 BRYAN, TX.77803 PHONE (979) 3614290 FAX (979) 3614293 May 2; 2023 Britten Hydroseeding 5539 BurtRoad Bryan, TX 77807 Re: Renewal of Contract #23-121R for Hydro-i bjcl: ;Seeding for hrazos County. Brazos Comity appreciates the quality work your company has:provided and would like to exercise the renewal option for Bydro Mulch Seeding 23=12IR,previously known as 22-I31R,2I-126R,20-T08 All terms, conditions_, and'pricing shall remain the same. This renewal term will be for one year from July 1, 2023 to June 30, 2024. To accept the renewal option, please fill out the information .and sign below. Return the signed documents by email to onava@brazoscountytx.gov or fax to (979) 361-4291. Please then submit an updated Certificate of Insurance byemail or -mail to the address listed: above. Please return acceptance as soon as possible. If you; have any questions, I maybe reached at (979) 361-4492. ,t` Contact Name: (f �VhTt"A Title. E-Mail: _�/ ` l- C_'t7YYlTelephone:_�6.3 BRITTEN HYDROSEE DING t1kc. Authorized Signnture B OS UN . Duane Peters, County Judge 5) � 9-3 Date 5 ( 30`as Date Vol. 400 Pg. LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing —Blocking Property and Prohibiting Transactions With Persons Who Commit; Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the federal General Services Administration's Excluded Parties List System (E-PLS,'https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Conttol (OFAC) Specially Designated National (SDN) list. Respondent certifies thatthe responding entityand 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 proe'L ement and that Respondent is not listed on the federal government's terrorism•watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https:/1www.sam.gov.The undersigned affirms the non-debarmentstatement above;.that they are duly authorized -execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions ofSubtitle f, Title 10, Government Code Chapter 2271: 1. Does not boycottTsrael currently; and 2. Willnot boycott Israel during the term of the contract. Pursuant_ to Section 2270.001, and 2274.002 Texas Government Code: 1. `Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to :penalize, inflict economic harm on, or limit commercial .relations tspecifically with Israel, or with a person or entity doing businessin Israel or in an Israeli - controlled territory, but does not include an action.made or ordinary business puaposes;.and 2. "Company" 'means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership; or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate ofthose entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification puusuant to Section 2274.002 of the Texas Govemment�-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 verificuion pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies, that it (1) does not have a practice, policy, guidance, or directive that discriminates. against a firearm entity or firearm trade association and (2) will not discriminate during the term. of the contract against a firearm entity or firearm trade association. If Respondent does not make -that verification, Respondent must so indicate -in its Response and state why the verification is not required. Company Name Authorized Com 7qv L Contract, 13 _ 6 Vol. — - Pg. ---3— REQUEST FOR BID BID NO.20-108 HYDRO -MULCH SEEDING OF COUNTY RIGHTS OF WAY SEALED BIDS TO BE SUBMITTED BEFORE: Wednesday, May 27, 2020, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form. Company Name: By (Print): MM�}f�— 4 � Title: .-r Physical Address: 553q MA A Rc V OM,11 1-U Mailing Address: �' O �� %y o 1 1 k)( 11 ly o 4 Telephone:Mq$2w 401kP3 Fax:6N 220543 E-Mail: ,abN(AMQQ(j11 1 Vol. 4 0 0 Pg. 4 v Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 p.m., Tuesday, March 24, 2020 at which time bids will be publicly opened and read aloud. A. SCOPE OF BID 1. Bids are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this bid request for a one (1)-year period beginning July 1, 2020 through June 30, 2021, in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING 1. The following instructions apply to all bids and become apart of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All Respondent(s) are required to be informed of these terms and conditions and will be held responsible for having done so: 2. Definitions .- In order to simplify the language throughout this bid, the following definitions . shall apply: a. BRAZOS COUNTY — Same as County. b. COMMISSIONERS' COURT — The elected officials of Brazos. County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT — An agreement between the County and a Contractor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR — The successful Respondent(s) of this bid request.. e. COUNTY — The government of Brazos County, Texas and its authorized representative. f. SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in the bid request. g. RESPONDENT — Any Supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between -Brazos County and the Contractor for the period designated. 4. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the Respondent(s) must have the bid actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. . 2 Vol. 400 pg, 15 <r 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered. Respondent(s) with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace at hUs://brazosbid.ionwave.net. 7. Brazos County reserves ,the right to reject any bid that does not filly respond to each specified item.. 8. Respondent(s) must include Tax Identification Number for the bid to be valid. 9. Should there, be a change in ownership or management; the Contract shall be canceled ,unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. This Contract is nontransferable and may not be reassigned by either party. 10. The County may cancel this Contract at any time for any reason, provided a thirty -day written notice is given. 11. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit Price b. Extended price c. Special needs and requirements. of Brazos County d. Results,of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products bid h. Respondent's past performance record with Brazos County 12. Although the cost of products to be provided is an essential part of the bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be Made .by the County at the sole discretion of the Commissioners Court when all terms and conditions of the Contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. Vol. 4 0 0 3 Pg. � 6 15. This Contract shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of 'this Contract, when applicable. 16..Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Respondent(g) to secure better price or delivery is welcomed and may be given consideration provided that the bidder also, bids on the quantity specified. 17. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the'bid to be disregarded. Delivery time quoted will be given consideration in awarding a contract. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled, and the Contractor barred from bidding in future solicitations. 18. Bids cannot be altered after receiving time. No bid may be. withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. r 19. Bids must be submitted on this form and returned in a- sealed envelope clearly marked with Respondent Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or another means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids not received prior to the expressed date and time listed in this bid will be reiected or returned unopened to the Respondent(s). Bids submitted to any other Person or department other than the Brazos County Purchasing Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the bid document, attachments, questions -and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a• response to this solicitation, the Respondent(s) agrees to comply with HB 12957 Government Code 2252.909, if awarded a contract. Respondent(s) agrees to provide 4 Vol. 40 0 Pg. 1 "� Brazos County the "Certificate of Interested Parties, "Form 1295 as required, for renewals, amendments or extensions to the Contract. Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htm for more information. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will ,be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net) after bid award by Commissioner's Court. 23. Brazos County reserves the right to extend this Contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions; of this Contract, if agreed upon by both parties. 24. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 25. Three (3) references are to be provided by Respondent. Failure to submit references may result in disqualification of bid. Brazos County department references will not be accepted. 26. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 27. Any subcontracting must be approved prior to commencement of the Contract by Brazos County. 28. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 29. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the 5 Vol. 4 0 0P91 _ same active ingredients in the same percentages or quantity of the items listed in the bid. If notation of substitution in not made, it assumed the Respondent(s) is bidding the item specified. 30. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 31. In the event the Contractor is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this Contract to be canceled. 32. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided'by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. 33. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address; Brazos County ATTN: Auditors P.O. Box 914 Bryan, TX 77806 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 - days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or any other party. 34. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. 35. Upon award of Contract for any commodity or materials -purchased by Brazos County, the \_ Contractor agrees to protect the County from any claim involving patent right infringement, copyright infringement, sales franchise disputes. Val. 4 ®© pg. 6 36. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 37. This bid shall be governed by the laws of the State of Texas and Potential Respondent(s) and the subsequent Contractor(s) are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee ofthe County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 38. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 39. Respondent(s) understands, that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J; Chapter 552, Government -Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a' requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 40. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. C. SPECIAL PROVISIONS 1. Vendor will be required to notify the Brazos County Road & Bridge Office in the event of unforeseen delay arising in the delivery, of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time, Brazos County shall have the right to refuse acceptance of the order. 2. Vendor will be required to deliver to Brazos County Road & Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. Vol. 4 0 0 pg. � 7 3. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. 4. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). S. Any Vendor vehicles traveling on County roads will not exceed its legal gross weight. 6. Damage to any property, private or public, caused by the Contractor shall be the responsibility of the Contractor. 7. If samples or sample testing is required, Brazos County will perform test through a third party. Vendor will'be required to allow the third -party access to the facilities in order to acquire samples for testing. Failure to submit requested testing may disqualify bid. D. INSURANCE REQUIREMENTS 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: 3. Statutory Workmen's Compensation insurance with waiver of subrogation. 4. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each' occurrence with Brazos County named as an additional insured and waiver of subrogation. a. Commercial Automotive. Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability. b. Cargo Insurance to sufficiently cover materials transported. 5. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 6. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his g Vol. 400 pg. �� equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. Vol. 4 0 0 P g. 22 a E. REFERENCES Respondent(s) shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Respondent(s) are not allowed to use Brazos County as a reference. Company/Entity: Contact: Laa i \l No" Phone: � W ��- � Z CCU 91q 02.3 900,6 &I'Cj? Email: rA wkinuhn mwhn _ rn tv, Company/Entity. Contact: hCIr V- +D\ACO IEN Phone: °l-Ia 229 Z 13 5 Ce U 0119 —11 Lf 213 Company/Entity: Contact: Q�n prj 1 Ce Phone: 91q 616 r.920 C—M ciici —n 4 LA12�p off1cPi Email: m hce irri nain n @ amn i l . co EVOL 400 P-. 23 10 F. SPECMCATIONS 1. Description: a. The work covered by this section consists of furnishing all plant, labor, materials, equipment, supplies, supervision and tools, and performing all work necessary to seed, fertilize, water and maintain side slopes, all in accordance with these specifications. b. 'The hydro -mulch seeding operations, together with all necessary related work, shall conform to the requirements specified in this section. The area(s) to be hydro -mulch seeded shall be as shown on county provided maps. 2. Measurement and Payment: a. The unit ofineasurement for all work performed and materials furnished, as described herein, will be the square yard as indicated in the bid documents. Measurement shall be done upon completion of the work performed within the limits shown on the drawings and as described herein. The area measured for payment will be computed to the nearest square yard. b. Payment for hydro -mulch seeding will be made at the contract unit price per square yard and includes mulch, seed, fertilizer, watering, and maintenance. Additional payment shall not be made for those areas that are replanted due to,failure of product growth. 3. Materials: a. All seed must meet the requirements of the U.S. Department of Agriculture Rules & Regulations as set forth in the Federal Seed Act and the Texas Seed Law. b. Type of seed, purity, and germination requirements, rate of application and planting dates are as follows although the Brazos County has rights to change application type upon request as conditions warrant. Application Rate - Pounds Tvae Per Acre. Per Acre Hulled Common Bermuda Grass 98/88 40 April 15 to September 15 Unhulled Common Bermuda Grass 98/88 40 September 15 to April 15 Annual Rye Grass, including Gulf 1 50 September 15 to April. 15 c.' Fertilizer shall be water soluble with an analysis of 10% nitrogen, 20% phosphoric acid and' 10% potash. Rate of application shall be 500 pounds per acre, except during the period of April 15 through September 1, when the rate shall be reduced to 400 pounds per acre. The fertilizer shall be delivered to the site in bags or other convenient containers, each fully labeled, conforming to the applicable State Fertilizer Laws and bearing the name and warranty of the producer. 11 E 0 pg. 24 d. Mulch shall be virgin wood cellulose fiber made from whole wood chips. Within the fiber mulch material, at least 20% of the fibers will be 10.7mm in length and 0.27 mm in diameter. Rate of application shall be 2000 pounds per acre. Soil stabilizers such as Terra Type III (or pre -approved equal) shall be applied at the rate of 40 pounds per acre on side slopes and Terra Tack I (or pre -approved equal) shall be applied at a rate of 40 pounds per acre on flatter portions, as determined by Brazos County e. Wood cellulose fiber mulch, for use in the grass seed and fertilizer, shall be processed in such a manner "that it will not contain germination or growth inhibiting factors. It shall be dyed an appropriate color to allow visual metering of its application. The wood cellulose fibers shall have the property of becoming evenly dispersed and suspended when agitated in water. When sprayed uniformly on the surface of the soil, the fibers shall form a blotter -like ground cover, which readily absorbs water and allows infiltration to the underlying soil. Weight specifications from suppliers, shall refer only to the air-dry weight of the fiber. The much material shall be supplied in packages having a gross weight not in excess of 100 pounds and must be marked by the manufacturer to show the dry weight content. Suppliers shall be prepared to certify that laboratory and field testing of their product has been accomplished and that it meets all of the foregoing requirements. f. Water shall be free from oil, acid, alkali, salt, and other substances harmfal to the growth of grass. The water source shall be subject to approval, prior to use. t 4. Construction Methods: a. Application: The contractor shall obtain approval of hydro -mulch area preparation from the County prior to application. The Contractor should be able to apply approximately two (2) acres per day. Operators of hydro -mulching equipment shall be thoroughly experienced in this type of application. Apply the specified slurry mix in a motion to form a uniform mat at the specified rate. Operators shall keep the hydro -mulch within the areas designated and keep from contact with other plant material. Immediately after application, thoroughly was off any plant material, planting areas, or paved areas non -intended to receive slurry mix. Keep all paved and planting areas clean during maintenance operations. Contractor shall keep hydro -mulching within the areas designated and keep from contact with other plant material. If in the opinion'of the County, unplanted skips and areas are noted after hydro -mulching, the contractor shall be required to seed the unplanted areas with the grasses that were to have been planted at no additional cost to owner. 12 VOL 4 Pg. 25. b. Contractor's Maintenance & Guarantee Period: The hydro -mulch seeding shall be• adequately watered until established or twenty-one (21) calendar days, whichever comes first. Any areas that do not have an acceptable turf shall be redone to the satisfaction of the County. The Contractor shall guarantee growth and coverage of hydro -mulch planting under this contract to the effect that a minimum of 95% of the area planted will be covered with the specified planting after sixty (60) days. The Contractor shall Water the entire sodded and hydro -mulched areas to a saturated depth of one (1) inch at least once a week between the months of April to September and at least once a month between the months of October to March, if necessary to establish grass. The Contractor shall make a second application- of specified hydro -mulch planting those bare areas not meeting specified coverage as determined by the County. Such replanting -is to be performed within sixty (60) days of, initial application and upon notification by the County to replant. G. QUOTATIONS Fill in the blanks with the unit price that is firm for the contract period. Quotations are to be submitted using a per square yard application basis. Brazos County will contact the Contractor to mobilize and apply hydro -mulch to sites in the Brazos County. A purchase order must be received by the Contractor prior to work. Purchase Order will indicate the site and the correct pricing. Brazos County will provide all traffic control. 1. Flat Fee (Apr. 1.5 through Sept. 15-Y $ 61% 00 0-2000 square yards 2. Flat Fee (Sept. 15 through Apr. 15): $. 11000, 0 4 0-2000 square yards 3. Unit Price (Apr. 15 through Sept. 15): $ 3_U 2001 square yards and up 4. Unit 'rice (Sept. 15 through Apr. 15): $ Q ®aJ� 2001 square yards and up 5. Unit Price for Watering Previously Hydro Mulched Area (Vendor Provided Water): $ 0-20 YDz 6. Unit Price for WateringPreviously Hydro Mulched Area (County Provided Water): $ o 1l2 YDZ 26 13 !Vol. 400 pg H. HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, htips://www.sam.gov), which is inclusive of the United States Treasury's Office- of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity -and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch.list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sain.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this Contract. The company representative below further affirms, that the company submitting this bid, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the Contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to .penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Company Name: �� } i ��y (� r�See It n Authorized Company Representative: mAhtw .Address: .Man Signature: 4�G Date: 61 � 2 0 Contract#: Bld na. 2-0- tob 27 14 Vol. � ®© Pg. I. CERTIFICATION OF BID L, The undersigned affirms that they are duly authorized execute this Contract, that this bid has not been prepared in collusion with any other vendor and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: IjUUs 6 Typed Name:Title: Company Name: Phone:q101 S2ff qqV 3 Mailing Address: _ PO V jq 5 ' Email Address: bt I A}M[Nckro�ePd i na C�am�i 1- COY) Vendor Tax Identification Number: �J�J _ Z 413 0 � 9 END OF BID REQUEST NO.20-108 HYDRO -MULCH SEEDING OF COUNTY RIGHT OF WAYS By signing below, Brazos County agrees that this bid, 20-108 Hydro -Mulch Seeding of County Right of Ways, will be awarded as dictated on the associated bid tabulation sheet, to the Respondent whose name appears above and both parties agree to terms(and conditions contained By: Brazos County Commissioner's Court: Q '�(, i �■p( 1� i f n��hm , La�SX C Date: Attest; Brazos County Clerk: Y. &rt,0 %' l (q uun Vol. 4 0 0 p9- 2_ 15 Matthew Britten Britten HYDROseeding 5539 Burt Road Bryan, Texas 77807 (979) 324-4963 brittenhydroseeding@gmail.com Additional Attachment Hydromulch Seeding The planting seasons in correspondence -of seed types and rates. for hydromulch seeding pertaining to the Brazos,County Hydromulch Seeding Right of Ways, depending on the time of year is as follows: Planting Dates Seed Name Seed Rates (lh./ac.1 Apr. 15 to Sept. 15 Hulled Common Bermuda 40 lbs/acre Sept. 15 to .Apr. 15 Unhulled Common. Bermuda 401bs/acre Sept. 15 to Apr. 15 Annual Rye Grass 501bs/acre A 100% wood fiber hydromulch with a tackifier binding agent will be applied on the restored areas at a rate of 20001bs/acre. A fertilizer blend (10-20-10) will also be added to the slurry of hydromulch at a rate of approximately 5001bs/acre. The nature of this hydromulch material will allow for improved moisture retention from both the wood fiber and binding agent. This additional length of saturation upon watering events will produce accelerated rate of germination and growth duration of the seedlings. In addition, this wood fiber hydromulch will aid in stabilizing the surface of the soil; thus minimizing erosion following soil restoration. The polymer based-tackifier binding agent will also assist in reducing water runoff. The price for applying wood fiber tackifier hydromulch seeding to the County Right of Ways is exemplified in the pricing section within the Bid Documents of Bid No. 20-108. May , 2020 Vol. pg- Delivery oHvdromulch Application The lead times differ depending on season and project completions based on weather conditions. The typical delivery time is two to three days; however in some cases there could be non steady work periods or other project` delays that could warrant next day availability when the County makes known the readiness of the project needing hydromulch seeding. On the other hand, multiple projects that are completed in a timely manner which usually occurs during dry weather spells create busier work periods. Therefore, delivery time could require approximately one week when multiple projects during a similar time are ready for vegetation. The normal delivery time is two to three days; however there could be a potential of longer or lesser delivery time intervals based on the previously mentioned scenarios. Thank you, Vol. 400 pg. 3 0 May 24, 2020 CEMENTiTIOUS SLURRY FOR BRAZOS BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Bryan, Texas 77803 Telephone (979) 361-4292 Al Windward as a duly authorized r( Slurry LLC. "Contractor" willingly attest to perform (or I further agree to all of the provisions and specifications cot CONTRACT Contract No. 23-127 Page 1 of 12 Pages 30, 2023- May 29; 2024 ttive of Rotrthpm CjprnPnt as per ifthEbit A for Brazos County. s this contract. Brazos County is responsible for the preparation of the site prior t6 the application of slurry and mixture of shury after application to the site by the contractor. Contractor is responsible for all other items of Specifications in Exhibit A. The Brazos County agrees to the pricing in Exhibit A for the first year and will negotiate pricing beyond this. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer tins contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD ?IBrazos County reserves the right to award this contract on the basi of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any form pity or iaegularity, to make awards to more than one offeror, to reject any or all bids. The County the right to accept or reject in part or in whole, any IQs submitted, and to waive any technicalities for; a best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pa questions and responses, addenda, and special notices. The Cerk to include full firm name, mailing address, telephone number, a number and signed by an authorized representative of the fin Certification of Bid Form renders bid non -responsive. Failure to forms, including but not limited to the Reference Page, L Verification form, Questionnaires (when applicable), Addenda ( specified forms or documents may be grounds for rejection of ibis solicitation, the bidder agrees to comply with HB 1295,"Gov to provide Brazos County the "Certificate of Interested Parties", renewal, amended or extended contract. Visit https://ethics.state. for more information. In the event of a needed change in the understood that all the foregoing terms shall apply to the addends of the bid document, attachments, ttion of Bid Form must be completed d address, Vendor Tax Identification Failure to provide signature on the nplete the submission of all required .slative Certification & Debarment lading revised forms), and any other ire bid: By submitting a response to ment Code 2252908_ Bidder agrees an 1295 as required, Pending award, adwhatsnew/elf_ info_form1295.htm ecifications sent to the bidder, it is or.addenda. Pg. _si�— : Contract No. 23-127 BRAZOS COUNTY, TEXAS Page 2 of 11 Pages CONTRACT OBLIGATION 4 Brazos County Commissioners Court must award the contract and Brazos County Judge, or other person authorized by Brazos County Commissioners Court must sign the mntracfbefore it becomes binding on Brazos County or the offerors. Department heads are NOT authorized ito sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. } QUANTITIES I The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. HOLD HARliMESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or ;indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directl or indirectly from work performed under terms of this contract. Certification of such coverage musbe provided to Brazos County upon. request. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered anon -response. INSPECTIONS & TESTING r Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms end conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the. County actually accepts and takes, possession of the goods at the point or points of delivery. >. ADDITION/MODIFICATION OF LOCATIONS OR SERVICES • Brazos County reserves the right to add locations as these additional: locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. , In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated -by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract, a quotation will be solicited from the incumbent contractor in good standing for tl a group in which the new location is appropriately situated. s In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of i • i 1101. Pg• —3 2 BRA.ZOS COUNTY, TEXAS Contract No. 23-127 Page 3 of 11 Pages this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractoi written notice of such termination of locations a minimum of thirty (30) days in advance. SUBCONTRACTING i Any subcontracting must be approved prior to commencement of lecontf.act by Brazos County. INVOICES & PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for pnaterials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the co4.tractor -may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will. be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and fall payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This informatiofi must lie on file with Brazos County Auditor's office. Failure to provide this information may result ip a delay in payment and/or back-up withholding as required by the Internal Revenue Service. Itetainage of 5% will be withheld from each invoice for the duration of the contract until the County accepts the work as 100% complete and receives all warranties, manuals, releases of Item and other closeout documents. Upon final acceptance by the County, retainage will be released to the Contractor: PRICING Prices for all goods and/or services shall be firm for the duration �f this contract and shall be stated on the Pricing/Dehvery Information form. Prices shall be aIl inclusiye: No :price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such iterus. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local€ taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will -be ftumished upon written request to Brazos County Purchasing Agent. s Vol. 4 0 0 {gig. 33 BRAZOS COUNTY, TEXAS GOVERNING FORMS In the event of any conflict of interpretation of any part of i interpretation shall govern, In the event of a conflict between specifications of this contract and any other terms, conditions, prc the contractor; the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texa requirements of the County Purchasing Act, Texas Local Go, amended. Offerors shall comply with all applicable federal, Offeror is further advised that these requirements shall be fully Texas and that Brazos County may request and rely on advice, c General of Texas and Brazos County Attorney concerning and p vendors are advised they may have disclosure requirement pursu Chapter 176. This law requires persons desiring to do business w have an aggregate value in excess of $250.00 given to any empli the County Official's family members or employment of any err or the County Official's family members during the preceding tw questionnaire must be filed with the Brazos County Clerk, Rei Chapter 176 for the details of this law. Bidder understands that 1 to Texas State and Federal public information statutes. Venue s Texas, notwithstanding anything to the contrary. Contract No. 23-127 Page A of 11 Pages overall contract, Brazos County's terms, conditions, provisions, and ions, and specifications provided by specifically, the competitive bidding rnment' Code, §262.021 et seq., as ate and local laws and regulations. ;overned by the laws of the State of cisions 'and opinions of the Attorney lion of;these requirements. Potential it to Texas Local Government Code, I the County to disclose any gifts that ,ee of the County, County Official to ioyee of the County, County Official ve (12) month period. The disclosure to Teas Local Government Code, azos County is a government subject ill lie exclusively in Brazos County, COMPLIANCE WITH LAW j The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authokties having jurisdiction. The Contractor shall perform and require all subcontractors to lerform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas: and the United States and in compliance with OSHA and other laws , as- they apply • to its - employees. - In the event any of the conditions of the specifications violate the code for any industry, t4en such: code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, *unicipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, Brazos County certifies that the offeror has not violated the antitrc Business and Commerce Code § 15.01, et seq., as amended, or tt communicated directly or indirectly the bid made to any competite line of business. Any or all bids may be rejected if Brazos Count the offerors. Bids in which the prices are obviously unbalanced ms submitted bid or proposal are subject to the approval of the Purcha naterials, services, or equipment to .t laws of this state codified in Texas e federal antitrust laws, and has not or any.other person engaged in such believes that collusion exists among y be rejected. Requests to withdraw a ing Agent. Vol. 4 0 0 Pg,-— BRAZOS COUNTY, TEXAS SEVERA Burry If any. section, subsection, paragraph, sentence, clause, phrase o specifications shall be held invalid, such holding shall not aff requirements and the specifications and it is hereby declared that been included in these requirements and the specifications as 1 omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the al description concerning any point, shall be regarded as meaning th to prevail and that only material and workmanship of the interpretations of specifications shall be made on the basis of this this -contract shall be•new, unused of the latest product -in producti the highest quality as to materials used and workmanship. Mane experienced in design and construction of such items and shall be TERIVMATION Brazos County reserves the right to terminate the contract for defai therein, including warranties of offeror or if the offeror bee, bankruptcy. Such right of termination is in addition to and not Brazos County may have in law or equity. Default may be cons deliver the proper goods and/or services within the proper amour any and all services required to Brazos County's satisfaction an( requirements. Brazos County may terminate the contract withoi. notice POLICY REQUMMENTS FOR CERTIFICATE OF Contract No. 23-127 Page 5 of 11 Pages word of these requirements or the A the remaining portions of time uch remaining portions would have ough the invalid portion had been gent omission from it of a detailed only the best commercial practice is lest quality are to be used. All atemenit. The items furnished under rto commercial trade and shall be of surer ftunishing these items shall be established supplier of the item bid. if offeror breaches any of the terms aes insolvent or commits acts of 1 lieu of any other remedies which ied as; but not limited to, failure to of time, and/or to properly perform )r to meet all other obligations and cause upon thirty (30) days written CONTRACTOR'S INSURANCE � The contractors) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance' ompany or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos 'insurance licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows: (1) Statutory Workers- Compensation Insurance with Employers Liability Insurance M. me amount or S1.000,000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial-( eneral Liability Insurance with a $ 2,000,000 Combined Single Limit' The policy shall be on the Comprehensive General Liability 1986/9 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured., Waiver of subrogation is required. No claims made policies will be acceptable without (3) Automobile Public Liability Insurance with a $1,000,0001 Combined Single Limit, in all self- o1. 400 Pg. 35 f Y 'S 3 Contract No. 23-127 BRAZOS COUNTY, TEXAS page 6 of 11 Pages propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance famished to Brazos County shall cc such policies shall not be canceled or materially changed until at been given to Brazos County. LD TTA'TIONS The parties are aware that there are constitutional and statutory'. County to enter into certain terms and conditions of the coi authorizations of the placement of liens on Brazos County prc warranties; disclaimers and limitations of liability for damages; s legal rights, remedies, requirements and processes; limitations of control of litigation or settlement to another party; liability fc Payment of attorneys' fees; 'dispute resolution; indemnities; "Limitations'). Any contract terms and conditions related to tl Brazos County except to the extent authorized by the laws and Co; COVERAGESIWAGES Nothing in .this contract shall be construed as making Brazos C compensation and/or any benefits for contractor including heal compensation, disability, death, and dismemberment insurance equipment. ' Nothing in the contract shall be construed as making materials, logistical support, equipment, and related travel expens( SOVEREIGN DDIUNITY The parties understand that Brazos County does not waive or re behalf of itself, officers, employees, agents, and volunteers as a i and the performance of the covenants contained herein. Further, any civil liability that arises from any act or omission made withir The parties -understand and agree that Brazos County does not ass law for the actions of the contractor in providing services hereund( a provision that coverage under 30•daXs prior written notice has i tations on the authority of Brazos act, including, but not limited to, rty; disclaimers and limitations of ivers, disclaimers and limitations of :nods to bring legal action; granting acts of omissions of third parties; d confidentiality (collectively, the Limitations will not be binding on itutiori -of the State of Texas. mty responsible for the payment of , property, motor vehicle, workers' r the contractor's employees and/or razos County responsible for wages, incurred by the contractor. hquish -any immunity or defense on ;sult of :its execution of this contract Brazos County is not responsible for the course and scope of this contract me civil liability under any theory of NOTICES t Notices shall be mailed to the addresses designated herein or as pay be: designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: 36 VOL Pg• BRAZOS COUNTY, TEXAS CONTRACTOR: Sales Contract Name: BRA ZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County 200 South Texas Avenue, Sui Bryan, Texas 77803 lPhone Number: Contract No. 23-127 Page 7 of 11 Pages Billing Info: 'PO Box 80 Thompsons TX 77481 FISCAL FUNDING CLAUSE' Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition df this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations, representations, or contracts, either. written or oral. This contract may only be amended by written instrument approved and executed{by the parties. AVAILABILITY AND RETENTION OF RECORDS f All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be:conducted with respect to the contract. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be teiminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by See. 552.372(b) of the Texas Government Code. { ol. 400 Pg. 37 BRA.ZOS COUNTY, TEXAS AUDI'f' RlESPONSMELTY The contractor shall be responsible for receiving, replying to a by appropriate federal, state or local.audit directly related to the Contract No. 23-127 Page 8 of 11 Pages complying with any audit exception lion of this contract. The contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate metliod any inoney erroneously paid under this contract if evidence exists of less than full compliance with this. contract. DWEN NIPICATION The contractor shall defend, indemnify and, save. harmless ..Brazos employees from all suits, actions, or claims of any character, mar fees expenses brought for or on account of any injuries or damag or persons or property, by or from the said contractor or his eml negligence in safeguarding the work, or through the use of unacc work, or by or on account of any act of omission, the Worker ordinance, order or decree, and so much of the money due the sa contract as shall be considered necessary by Brazos County n County, or in case no money is due, his sureties. shall be held un or claims for injury or damages as aforesaid shall have been sE effect fuznished Brazos County. Contractor shall defend, indem its officers, agents and employees in accordance with this index the injury or damage is caused in part by Brazos County, its offzc ounty and all its officers, agents, and and description including attomey's received or sustained by any person yees or by or in consequence of any table materials in construction of the ompensation Law or any other law, contractor under and by virtue of his be retained for the use of Brazos suit or -suits, action or actions, claim led and satisfactory evidence to that y and save harmless Brazos County, ficatiori clause regardless of whether agents or employees. 00 Vol. Pg. 38 BRAZOS COUNTY, TEXAS V.T.C.A. LOCAL GOVERNMENT CODE §262.0276 TDIS SECTION MUST BE COMPLETED. ]FAILURE TO DISQUALIFY THE BID. Brazos County shall refuse to enter into a contract or other debt to the County per V.T.C.A, Local Government Code §2 a. This refusal to award a contract to or enter into a apparent low bidder or successful proposer that is it Contract No. 23-127 Page 9 of 11 Pages TBIS SECTION WILL with a person who owes a tion;with a person, pertains to an 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, of 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 flax 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 p oposal from the person with the debt shall be considered "non -responsive" and "not respongible", 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. r 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. t Name Summit Materials Title (Owner, Officer, Director, Manager, Etc,) t Owner i Al Woodward i Manager f 1 ' SS I , i i i V U cal. ®Q p9, Contract No. 23-127 BRAZOS COUNTY, TEXAS # Page 10 of 11 Pages LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (BO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prolfbiting 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 AdpaWstratibn's Excluded Parties List System (EPLS, https:/Iwww.sam.gov), which is inclusive of the United Stated Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certAes 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 an 'that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondenj is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam-gov.The undersigned affirms the non -debarment statement above, that they are duly authorized execute this eontract.The company representative below Ruther 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 Government Code: 1. `Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or',in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization) association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make apzofit. 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 derlificatidn 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 associatio4 and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. 5. Company Name: Southern Cement Slurry. LLC, t s Authorized Company Representative: AI Woodward r i Address: PO Box 80 Thompsons TX 77481_ Signature:��.f% BRAZOS COUNTY, TEXAS CERTIFICATION OF BID The undersigned further affirms the non -debarment statement execute this contract, that this bid has not been prepared in collu: contents of this bid have not been communicated to any other vej bid. Signed By: Typed Name: Al Woodward Company Name: Southern Cement Slurry, LLC. Email Address: n1 annraatGnuthPmgtahilizedrnm Contract No. 23-127 Page 11 of 11 Pages ve, that they are duly authorized with any other vendor, and that the priorto the official opening of this Manager 281-570-9640 Mailing Address: PO Box 80 Thompsons TX 77481 P.O. Box or Street City 'State Zip Employer Identification Number: 72-1571321 . Appr d b Commissio Court on this 30 $ day.of M A'4 2023 by g osition of C,O LLA" uu-c r c The following items. should be completed and included in your bid submission. Failure to include these items will disqualify your bid. ❑ V.T.C.A. Local Government Code §262.0276 for Tag Verification (PAGE 9) 0 Legislative Certification & Debarment Verification (PAGE 10) ❑ All Addendums (if applicable) ❑ Certification of Bid (PAGE 11) f Vol. ___.4 Pg. 41 EXHI��r � Southern Cement Slurry, LLC Quotation and Sales Co: Brazos County Road and Bridge Attn: Ms. Celina Nava Bid Subject to terms and conditions, we are pleased to quote the fc Job Name: Brazos County Road Various Road Recon Located at: Bryan TX Prices quoted are F.O.B: Job site -as needed-- dry tons x� Cement SuperSlurry Cem-Lime SuperSlun Job Specification: Slurry for base 1) The above prices are for the reference proje, 2) A fuel surcharge. tied to the Gulf Coast Ave For each $0.10 per gallon increase above $4.50 Please sign and return quotation within 30 days 3) Partial loads will be invoiced at full load fre 4) Southern Cement Slurry is not responsible f in full is due on the last day of the month Must be signed and returned for delivery of materiaL 3�Date: �0 0 ° By: the Southern Cement Slurry #1 Hallett Rd Porter TX 5/08/2023 for use in the construction of- $ 255.73 $ 255.73 only during normal working hours - :re Fuel Price Index (PADD3} applies. er gallon, a .05% surcharge will apply - it cost plus material cost. the mixing or compaction of the slurry. Of Cement Slurry Al Woodward Sams / Quality Control 281-354A446 Vol.. 400 Pg. 42 IQ 24-016R Grease Trap Pumping Previously known as 22-017 October 1, 2023 - Se tember 30, 2024 Liquid Environmental Solutions of Texas,_ LLC ; •, Tank Size by Cost per gallon, Cost Offtink Gallons mi u" ed, Brazos County Detention Facility 1000 $035 $350,00 Juvenile Justice Center 1900 $035 $665.00 Brazos Center 150 $0.'35 $52.50 Expo Center 7500.35 $262.50 Expo Center 20 $035 $7.00 Total: . $1,337.00 . Now Many days will Service be done after request for r A' 7 'Days service?: RECOMMEND-AWA : Liquid Environmental Soluitons of Texas, LLC /►approved b Co issione Court on this �0 day of . 2023 by /�` C0 U q Ji kC--<50 h Ing the position of Vol.—A-0-0—Pg.43 Brazos County purchasing Department 200 SOUMTMW AVE -SUM-S52-BRYANTX- 77903 3 "pHONF, (979) 3614290 FAX (979) 361-4293 May 1% 2023 Liquid Environmental Solutions of Tom$- LLC 1651 Esters Blvd, Suite.100 ding, TX 75063 Re.. Renewd of Contract # 22-017f0f Grease Trap Pumping far Brazos County. Brazos County appreciates the quality -work -Your company has provided -and would like to exercise.the renewal option for Grease Trap Pumping 24-015R, ppreviouslynsly known.05 V-017. All terms, conditions, and pricing shall remain the same. This renewal.tem will be for one year from October 1, 2023, to September 30, 2024. To -accept the renewal option;,i. please 'in out information and sign below. Return the signed documents by email to sdubec@brazoscoUntytx.gov.or fax to (979) 361-4293. Please then submit an upftted Certificate of Insurance by email or mail to the address listed -above. Please- retuft acceptance as soon as possible. If YOU i have any questions, I may, be reached at (979) 361-4294. contAct-WRM61. ne:. �C, LIQUID ENMOWNTAL SOLUTIONS:OF TF-XASLLC N. Authorized Signature RAZO Duane ftier% County Judge r- 0.5 Da te 51-3010-3 Date Vol. 400 Pg. REQUEST FOR INFORMAL QUOTE IQ NO.22-017 GREASE TRAP PUMPING INFORMAL QUOTES- TO BE SUBMITTED BEFORE: Tuesday, August 10, 2021 -'2:00pm CST ' _ - TO THE: BRAZOSCOUNTY PURCHASING DEPARTMENT 200. S. Texas Ave. Suite, 352 Bryan, TX 77803 Phone: (979) 361-4290 'Fax: (979) 361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following quote for furnishing the material and/or services listed on the attached quote form and agrees to deliver said items at the locations and for the prices set forth on the quote form. Company Name: Liquid Environmental Solutions of Texas, LLC Nick Torcoletti By (Print): Physical Address: Mailing Address: Title: Corporate Sales Manager 7651 Esters Blvd, Suite 200, Irving, TX 75063 PO Box 733372, Dallas, TX 75353 Telephone: 214/524 -6050 Fax: 866/779-8093 E-Mail:bids@liquidenviro.com Vol. Pg. 4 5 Quote Request No. 22-017 Page 2 of 13 Quotes 'will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas prior to 2:00 mm., Tuesday. August 10, 2021, at which time quotes will be publicly opened and read aloud. A. SCOPE OF QUOTE Quotes are solicited for furnishing the merchandise, supplies, service, and/or equipment set forth in this quote request for two (2) year period beginning October 1, 2021 through September 30, 2023 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING 1. The following instructions apply to all quotes and become a part of terms and conditions of any quote submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this quote request. All Respondent(s) are required to be' informed of these Terms and Conditions and will be held responsible for having done so: 2. Definitions: In order to simplify the language throughout this quote, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT- - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful bidder(s) of this quote request. i e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. , SUB -CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this quote request. g. SUPPLIER - Same as Contractor. 3. Upon acceptance and approval by the Commissioners' Court, this quote effects a working contract between Brazos County and the Contractor for the period designated. 4. Quotes must be received by the Purchasing Office prior to the time and date specified. The mere fact that the quote was dispatched will not be' considered; the Respondent(s) must have the quote actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any quotes submitted, and to waive any technicalities for the best interest of the County. 6. Brazos.. County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered. Contractors with questions regarding the quote 40© Vol. P9. —�— IQ No. 22-017 Page 3 of 13 should submit them in writing via the Brazos Valley e-Marketplace at hops://brazosbid.ionwave.net. 7. Brazos County reserves the right to reject any quote that does not fully respond to each specified item. 8. Respondent(s) must include Tax Identification Number for the quote to be valid. 9. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable and may not be reassigned by either party. 10. The County may cancel this contract at any time for any reason, provided a thirty -day written notice is given. 11. The quote award shall be based on, but not necessarily limited to, the following factors: a. 'Unit price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery f. References g. Brazos County's experience with products quoted h. Vendor's past performance record with Brazos County. 12. Although the cost of products to be provided is an essential part of the quote, Brazos County is not obligated to award a contract on the sole basis of cost but will award to vendor considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 15. This Contract shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement, when applicable. 16. Quotes must be submitted on quantities and units of measure specified by the quote documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Respondent(s) to secure better price or delivery is welcomed and may be given consideration provided that the Respondent(s) also quotes on the quantity specified. 17. Quotes must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be Vol. 4®© P "7 IQ No. 22-017 Page 4 of 13 considered reason enough to cause the quote to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the quote, the entire order or contract may be canceled, and the Contractor barred from bidding in future solicitations. 18. Quotes cannot be altered after receiving time. No quote may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 19. Quotes must be submitted on this form and returned in a sealed envelope clearly marked with Vendor Name and Quote Number to ensure proper recognition upon its arrival. Quotes will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a auote be considered if submitted to any other person or department other than specifically instructed. Quotes not received prior to the expressed date- and time listed in this quote will be rejected or returned unopened to the vendor. Quotes submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted._ 20. It is the Respondent's sole responsibility to print and review all pages of the quote document, attachments, questions and responses, addenda, and special notices. The Certification of Quote Form must be completed to include full firm name, mailing address, telephone number,'email address,'Vendor Tax Identification number and signed by an authorized representative of the fine. Failure to provide signature on the Certification of Quote Form renders quote non -responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 & Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire quote. By submitting a response to this solicitation, the bidder agrees to comply with HB 1295, Government Code 2252.908. Respondent(s) agrees to provide Brazos County the "Certificate of Interested Parties, "Form 1295 as required, pending award, renewal, amended or extended contract. Visit https://ethics.state.tx.us/whatsnew/elf info form12951tm for more information. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda. In the event of a needed change in the specifications sent to the bidder,, it is understood that all the foregoing terms shall apply to the addendum or addenda. ' 22. It is our policy not to furnish quote results over the phone. Informal Quote results and tabulation sheets will be posted on the Brazos Valley e-Marketplace (hgps://brazosbid.ionwave.net) after quote is awarded by Commissioner's Court. Vol. 4 0 0 Pg. --AL IQ No. 22-017 Page 5 of 13 23. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additionaI one (1) year .periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. 24. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County. 25. Three (3) references are to be provided by Respondent. Failure to submit references may result in disqualification of quote. Brazos County department references will not be accepted. 26. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 27. Any subcontracting must be approved prior to commencement of the contract by Brazos County. 28. Any variation from the specifications in this quote document must be indicated on the quote or on a separate attachment to the quote and labeled as such. 29. Any brand name, or manufacturer's reference used is considered to be descriptive — not restrictive — and is indicative of the type and quality the County desires to purchase. Quotes on similar items of like quality will be considered only if it .is noted in the quote documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages or quantity of the items listed in the quote. If notation of substitution in not made, it is assumed the vendor is quoting the item specified. 30. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the quote, they are estimated quantities used for calculating purposes only. 31. In the event the Contractor is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this contract to be canceled. 32. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required, to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This tern supersedes any contradicting terms throughout the contract and/or any attachments. 33. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address; IQ No. 22-017 Page 6 of 13 Brazos County ATTN: Auditors P.O. Box 914 Bryan, TX 77806 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or any other party. 34. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in quote prices. Tax Exemption Certificates can be obtained upon request from County. 35. Upon award of contract for any commodity or materials purchased by Brazos County, the Contractor agrees to protect the County from any claim involving patent right infringement, copyright infringement, sales franchise disputes. 36. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 37. This quote shall beg overned by the laws of the State of Texas and Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of '$250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve_ (12)' month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this Iaw. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 38. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 39. Respondent(s) understands that Brazos County is a government subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid,and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 40. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals -thereto., Vol. �0 0 pg. �� IQ No. 22-017 Page 7 of 13 41. The Contractor's work and materials shall comply ' with all state_ and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. 42. The Contract shall perform and require all - subcontractors to perform the work in accordance with applicable laws, codes, ordnances, and regulations of the State of Texas and the United States and in compliance with- OSHA and other laws.as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry, then such code conditions shall prevail. 43. The Contractor shall follow all applicable- state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment, control throughout the Project and warranty term. C. INSURANCE REQUIREMENTS 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management, The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. - b.General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each .occurrence with Brazos County named as an additional insured and waiver of subrogation. c.Commercial Automotive Liability with $1,000,000 CSL for Bodily Injury and Property Damage Liability. d.Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 4. The Contractor agrees to release and hold harmless Brazos County from any and all claims and .liability due to the acts of the vendor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the vendor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by', any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. Vol. ' 4 0 0 pg. 5 SPECIFICATIONS 1. Location of Grease Traps: a. Brazos County Detention Facility b. Juvenile Justice Center c. Brazos Center d. Exposition Center e. Exposition Center 1000 Gallon 1900 Gallon 150 Gallon 750 Gallon (X 3) 20 Gallon (X 7) IQ No. 22-017 Page 8 of 13 2. Departments will schedule pumps on an as needed basis only with the successful Contractor. I After notification by department, the Contractor will pump the tank(s) specified. 4. Once tank(s) have been pumped it is the Contractor's responsibility to dispose of all material pumped in accordance with all state and local laws and regulations. 5. Contractor is required to maintain current and valid licenses, permits, and certifications in order to be in compliance with all federal, state, and local rules and regulations. 6. Contractor will invoice the requesting department and provide a weight ticket at the time of invoicing to ensure proper payment can be made by Brazos County. 7. Contractor shall quote a price per gallon pumped in the section. provided below. 8. Contractor will specify how many days from receipt of request for time service can be completed. r. Vol. p9 52 IQ No. 22-017 Page 9 of 13 E. UO OTES The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. Cost for delivery must include total cost of shipping the products to the specified location to include but not limited to fuel, man hours, freight, etc. Average Cost/Gallon Location Gallon/Tank Loads per pumped Year Brazos County 1. Detention Center 1000 6 $0.35 price per 1835 Sandy Point Rd gallon 2' Juvenile Justice Center 1900 6 $0.35 price per 1904 West Hwy 21 gallon 3' Brazos Center 150 6 $0.35 price per 3232 Briarcrest Drive gallon 4' Exposition Center 750 6 $0.35 price per 5827 Leonard Road gallon 5. Exposition Center 20 6 $0.35 price per 5827 Leonard Road gallon 6. How many days from receipt of request for time service can be completed? 4-7 Vol. 0 0 �� 5 3 IQ No. 22-017 Page 10 of 13 F. Respondent(s) shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of quote. Respondent(s) are not allowed to use Brazos County as a reference. Company/Entity: University of Texas Medical Branch Contact: Mike Garcia Phone: 409/772-0339 Email: miagarci@utmb.edu '.rrl, �i'!ir'c?, `[ _tS'@T_ 4 .a • , ..t .. k i _1A Colorado Department of Corrections Company/Entity: Stephanie Diggs Contact: Phone: 719/579-95BO Email: stephanie.diggsestate.co.us `ck� s"u', sNa i. r,y� a.' v,4� i7#%t9 '�- t�..�� ,i. - ,*.7-.:k.bv Mr�; s,�h<x. n}��:j Company/Entity: Austin ISD Contact: Kim Scannell Phone: 512/414-2123 Email: kim.scannell®austinisd.org Vol. 4 0 0 leg. 5 S� IQ No. 22-017 Page 11 of 13 G. V.T.C.A. LOCAL GOVERNMENT CODE 4262.0276 Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code 4262.0276. 1. 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; 2. "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; 3. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. 4. 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. 5. 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. 6. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a "person" indebted to the County. PIease 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, Etc.) Jerry Sheridan Chief Executive officer James Marshall Chief Operating Officer Laurie Bergman Chief Financial Officer Troy Fee Chief Human Resources officer Peter Crane Executive Vice President of Customer Solution Brian Bidelspach Vice President of Expansion Operations vol. 4 0 0 P9. 5 5 V.T.C.A. Local Government Code 262.0276 (Continued)' Mike Urban Vice President of Information Technology Tom Hillstrom Vice President of Treatment and Recovery Fin Neve Vice President of Services and Solutions Kevin Rumbelow Vice President of Environmental Health and Safety Vol. 400 pg. IQ No. 22-017 Page 12 of 13 H. HOUSE BILL 89 & DEBARMENT VERIFICATION Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System (EPLS, https://www.sam.gov), which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate"in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov. The undersigned affirms the non -debarment statement above, that they are duly authorized execute this contract. The company representative below further affirms, that the company submitting this proposal, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001, Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made or ordinary business purposes; and 2. "Company" means a for -profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority -owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. Liquid Environmental Solutions of Texas, LLC Company Name: Authorized Company Representative: Nick Torcoletti Address: 7651 Esters Blvd, Suite 200 Irving, TX 75063 1 , Signature: Date: 8/e/21 Contract: Vol. 400Pg. r� c IQ No. 22-017 Page 13 of 13 I: CERTIFICATION OF QUOTE The undersigned affirms that they are duly authorized execute this Contract, that this quote has not been prepared in collusion with any other Respondent(s), and that the contents of this quote have not been communicated to any other Respondent(s) prior to the official opening of this quote. Signed By: Typed Name: Nick Torcoletti Title: Corporate Sales Manager Company Name' Liquid Environmental Solutions of Texas, LLC Phone: 214/524-6050 Mailing Address: PO Box 733372 Dallas, TX 75353 Email Address: bids@liquidenviro.com Vendor Tax Identification Number: 16 -1634 035 END OF INFORMAL QUOTE REQUEST NO.22-017 By signing below, Brazos County agrees that this quote, 22-017, will be awarded as dictated on the associated quote tabulation sheet, to the Contractor whose name appears above and both parties agree to the terms and conditions contained herein. 1 Brazos County Commissioner's Court t.— Q— ��i -� ►— a D A B Vol. Pg. 58 A� �® CERTIFICATE OF LIAB,ILITY INSURANCE DATE IYYYY) 12/15/202012020 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. Attn: dallas.certs@marsh.com CONTACT Chris Kato NAME: PHONExtI1 214-303-8047 ac No E-MAIL ADDRESS: 4400 Comerica Bank Tower 1717 Main Street Dallas, TX 75201-7357 INSURERS AFFORDING COVERAGE NAIC4 INSURER A: Ironshore Specialty Ins, Company 25445 CN102325451-STND-GAWU-20-21 INSURED Liquid Environmental Solutions Corp INSURER B : Arch Insurance Company 11150 7651 Esters Boulevard, Suite 200 INSURER C : Irving, TX 75063 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: HOU-003137600-13 REVISION NUMBER: 1 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. IINS LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE � OCCUR Contractors Pollution Llab IEPICB5KHN001 12/15/2020 12/15/2021 EACH OCCURRENCE S 1,000,000 DA A E TO RENTED PREMISES Ea occurrence) S 500,000 X MED EXP (Any one person) S 25,000 X Pollution Legal Liability PERSONAL & ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a jEC LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPlOPAGG S 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 41CAB1047500 12/16/2020 12/15/2021 COMBINED SINGLE LIMIT Ee accident $ 2,000,000 X BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTYDAMAGE Per accident S ComplColl Dad S See Acord 101 X UMBRELLA LIAB EXCESS LIAB X JOCCUR CLAIMS -MADE IEELCASB5KH0001 12/15/2020 12/15/2021 EACH OCCURRENCE S 5.000,000 AGGREGATE S 5,000,000 DED I X I RETENTIONS 10.000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A 44WC11047400 12/15/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Evidence of Insurance. GEKIIFIGAIk HOLDER CANCELLATION Liquid Environmental Solutions Corp 7651 Esters Boulevard, Suite 200 Irving, TX 75063 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 of Marsh USA Inc, Manashl Mukhedee @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD+� 0 © �� AC R L --' AGENCY CUSTOMER ID: CN102325451 LOC #: Dallas ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Marsh USA, Inc. NAMED INSURED Liquid Environmental Solutions Corp 7551 Esters Boulevard, Suite 200 Irving, TX 75063 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: NVYI 1 IWIIAP%L 9%G1V9fAnr%Q THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER- 25 FORM TITLE: Certificate of Liability Insurance Physical Damage DeduclibIn $2,500 Collislon&Comprehensive -private passengerf5ghttrucks $3,000 Collislon & Comprehensive - medium trucksltrallers $5,000 Collisfan & Comprehersive - heavylextra•heavy truchs/Vacrars Vol. 400 Pg. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Request for Taxpayer Give Form to the Form (Rev. October2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Irtemal Revenue Service 10, Go to www.1rs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. LIQUID ENVIRONMENTAL SOLUTIONS OF TEXAS, LLC 2 Business nameldisregarded entity name, if different from above �p M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check o my one of the 4 Exemptions (codes apply only to IM m following seven boxes. certain entities, not individuals; see a o ❑ Ind'widuallsole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): ai single member LLC Exempt payee code (f any) ❑� Limped liability company. Enter the tax classification (C--C corporation, S=S corporation, P=Partnership)1 C `o Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting H 'c E LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is LLC code (f any) n another that is not disregarded from the owner for U.S. federal tax purposes. OthervAse, a single -member LLC that w is disregarded from the owner should check the appropriate box for the tax classification of its owner. y ❑ Other (see instructions) ► fApgas r0a==1. MenWr.edGUWde OW US.) y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) CD rn PO BOX 733372 6 City, state, and ZIP code DALLASI TEXAS 75373.3372 7 Ust account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 tc avoid social security number backup withholding. For individuals, this is generally your social security number (SHowever, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TiN, later. or Note; If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. )—j—j Certification Under penalties of perjury, I certify that; 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (f any) indicating that I am'exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later. 5n, Signature of Here I U.S personl Philip StephensoY` Date► 05/2I/2020 General Instructions Section references are to the internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.1rs.gov/F6rmW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social -security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (E1N), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns Include, but are not limited to, the following. • Form 1099-iNT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X A , --' . nn W-9 (Rev.10-2018) Vol. 4 0 0 pg.b I Form W-9 (Rev.10-2018) Page 2 By signing the filled -out form, you: 1. Certify that the TiN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S, trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in,the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States. • In the case of a disregarded entity with a U.S. owner, the U.S, owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S, trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. if you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of Income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the instructions for Part II for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The iRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships, earlier. What is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. 6 Vol. 4 0 0 _ Pg 6 � Form W-9 (Rev.10-2018) Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. if you are providing Form W-9 to an FFI to document a joint account, each holder of the account that Is a U.S. person must provide a Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1 a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on fine 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is•required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3. Page 3 IF the entity/person on line 1 Is THEN check the box for ... a(n)... • Corporation Corporation • Individual Individual/sole proprietor or single- • Sale proprietorship, or member LLC • Single -member limited liability company (LLC) owned by an individual and disregarded for U.S. federal tax purposes. • LLC treated _as a partnership for Limited liability company and enter U.S. federal tax purposes, the appropriate tax classification. • LLC that has filed Form 8832 or (P= Partnership; C= C corporation; 2553 to be taxed as a corporation, or S= S corporation) or • LLC that is disregarded as an entity separate from Its owner but the owner is another LLC that is not disregarded for U.S, federal tax purposes. • Partnership Partnership • Trust/estate Trustlestate Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, onany of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the' United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A,real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 Vol. i pg. 6 3 Form W-9 (Rev.10-2018) The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 52 $5,000, Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions 1 See Form 1099-MISC. Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(% and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain If the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)@ F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) Page 4 M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Ester your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address Is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. if you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (17171N). Enter it in the social security number box. If you do not have an ITiN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EiN. If you are a single -member LLC that is disregarded as an entity separate from its owner, enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. if the LLC is classified as a corporation or partnership, enter the entity's EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TiN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at viww.SSA.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.ft.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part iI. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. Vol. Pg. 64 Form W-9 (Rev.10-2018) 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. if you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4.Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or, if account) other than an account combined funds, the first individual on maintained by an FFI the account 3. Two or more U.S. persons Each holder of the account Goint account maintained by an FFI) 4. Custodial account of a minor The minor (Uniform Gift to Minors Act) 5. a. The usual revocable savings trust The grantor -trustee (grantor is also trustee) b. So-called trust account that is not The actual owner' a legal or valid trust understate law 6. Sole proprietorship or disregarded The owner entity owned by an individual 7. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)() (A)) For this type of account: I Give name and EIN of: 8. Disregarded entity not owned by an individual 9. A valid trust, estate, or pension trust 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 11. Association, dub, religious, charitable, educational, or other tax- exempt organization 12. Partnership or multi -member LLC 13, A broker or registered nominee I he owner Legal entity` The corporation The organization The partnership The broker or nominee For this type of account: Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 15. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.6714(b)(2)@(E Page 5 Give name and EIN of: The public entity The trust ' List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or DBA name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN Of you have one), but the IRS encourages you to use your SSN. ° List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier. `Note: The grantor also must provide a Form W-9 to trustee of trust. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Pub. 5027, Identity Theft Information for Taxpayers. Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (fAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1-877-777-4778 or TTY/ MD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. . Pg. s � Form W-9 (Rev.10-2018) ' Page 6 The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at span@uce.gov or report them at www.ftc.gov/complaint You can contact the FTC at www.ffc gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityThefgov and Pub. 5027. Visit www.1rs.gov11denHfy7heft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt, or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your T1N whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. Vol. 400 66 P9. FR BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2023 Coulter Business Park Ph 1 Final Plat DATE OF COURT MEETING: 5/30/2023 ITEM: Approval. of the Final Plat of Coulter Business Park Phase 1; 23.388 Acres; Moses A Foster Survey, A-16; City of Bryan ETJ, Brazos County, Texas. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 05/17/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS, File Name Description Type Brazos County Plat Application (Signed),pdf Application for Development Backup Material 11110008-FP 2023-05-24.pof Plat Backup Material J APSRO D 3G� 3 Duane Peters Date County Judge Vol. 400 Pg. 6 7 Brazes Rdad Office 26I7 SH 21 Wqst Bryan; TX 77803" Telephone: (979).822-2127 ,F0x;.-.,(979776-,0456 Ema.ik p brazosWunty-M Q PLAT A0Pj_idAT_t0N ,;APPLICATION DATE*: 0 2dO23 -sbsmirmu- 1:1 YES 12. NO .01 RE , Park :PROJECT /:SUSDIVISION'NAME; COmit6r BL1S,1neSS :PROiE1bTAMRESSORLOCA`r1ON. E.14w-y;Z1,BrszQsQ%ir1i ty -.LEGAL DESCRIPTION: 40.51 acres out of the.M.A. FosterA-16 Survey :.IF RESUBMrrrAL, 'PROJECT FORMERLY KNQ W4A NUMBER OF LOTS: I"TQTALACREAGE. 23.388 Acres (Phase 1) 1.JuR1sbl0T1ON-.-.' ❑ CITY LIMITS M Bryan _.&j 11 601tibE ALL.61TY* LIMITS AND ETJt A Votl ays ol'Application p Ificatloh,W.ApplIcation q00p1letq-pe# W11I 1Q,d tdato. -All Incomplete..Ap l(c#tIqn i4ill'berelected, `This Application ihaillexptre ffV.w'(qy6ars from 1he Aplil . lcatlob,dalibf the project" WTiD MASTER PLAN El SIMPLIFIED PLAT P PRELIMINMVPLAN FINAL -PLAT 11 AMNtMb PLAT K] REPLAT, RISK ❑ MANUFACTURED 'HOME RESIDENTIAL �LC6MMU )H COMMERCIAL. 'RENTAL -COMMUNITY El OTHER (Pleilse:exp16iny' IS'ANY OFTHEP-ROPERTYLOWE61NAFLOODP.LAN-OFtFtdObl4AZARbAREA? 0 YES 19 tNO .AcKhdWedqfiWht: Thd,fibdd hazard. boldrifty ffihos,qpg qthq:�ood -ddla'.dsed by Brag County In evaluating flood 4W proposed �qqq to prop .. Developments'Ore consid6rdd,rea'sonable and accurateTorlieguldlory purposes.'and are based onthe best aivdiikk%clentlflw�ind engineering data, floodbel heights '49 . iubts -madeornaiuralmvoers. ssuance-QfaN6o.dp1W1n Pennt-In iic6rdsnce-vhth the -Bratot.,County Flood Whidge Prevebgoh Ofd.iftnide do94 not [001y t4t*PpVqtqgment 00t§Tdo-tho areas -of tpb6I5I flood hazard Will belree-from flo.odingor flood damage;; Issuance of a permit shall not create 116b* on the part of Brazos t6ty orint- . any. officer or piployep of Brazes CoLInly-iii.the event flooding -or flood damage does occur.: T � 4 Ri'G HTi. •tMbN-OWT.YDOT036H.T--O13 N(? voi. .4 0 pg. 6 8 APPLLC�IN;T I E0 MATI0N r a, 4a d 'i..n.. Lek. a. t ,h iJlra df•r t- . _ ..:.::�..:,E..v,.,. ,•� .. ,s_u. r , FIRM NAME: B/CS Leasing; Ina. CONTACT: Carey Smith ADDRESS: 1051 Innovation Dr CITY; Bryan STATE.', TX ZIP: 77808 PHONE: 07M00. 7711 FAX; EMAIL: •careysmith@texcon.nef 'PQPERTY QjjVJdER'INFORMA�ON i ..,,..,. sr;r,._ .,.,..N+ti"kcY`?. ..jli;a`rku.R�G:.. ,_ _..ti...$ra{ r„:, - D'. - +{4- Y.�"tz•,.'_ .W. .6,e ,J(n. FIRM NAME: SAME AS APPLICANT CONTACT: ADDRESS: CITY:, STATE: ZIP: PHONE: FAX: IL EMAIL: FIRM NAME: McClure & Browne Engineering/Surveying, Ind. CONTACT: Greg HopWs, RPL,S ADDRESS: 1008 Woodcreek Dr. Suite 103 CITY;. College Station STATE: TX ZIP; 77845 PHONE: (979)'693-3838' FAX: EMAIL:. greghgmc'clurebrow'ne.com QQ11THEF2 INFORN�pT{0�1. , •2.. - i'tx, dui" -air x�'�v"� Ir "; ` F a�ILJ'I f ,.y. - " �, * .. a. stAA FIRM NAME', CONTACT; ADDRESS. CITY: STATE: 'ZIP!' PHONE: RAj(; EMAIL: .IPR®P,ERiY;OII�IN R`GONSENT�1/1AGENli UTIFiRR-1 Vol. Pg 6 9 ley my signature, l.hereby affirm.that I.am the property Ownbrbf'rbcordi or if the Applipantip.ap Qrg4nizatlo.n or business e6tity,.thatauthorizat . Ion- .hds been_granted to: represent the Owner, organliz4flon. or business in this -Application. I cerlify4hat the preceding information is complete and. 'agrd'o ,accurate, and Ills 'Understood that I to the DevelopMpnUSubdiviision of this property. SIGNATU 'PRINTED NAME.,• 3V1(1Ae)q1q DATE: bi—) S SIGNATURE: PRINTED NAME*, 'o"m -DATE: 0 It a a 0 n 00 n proceedings s In acc 8 e with the process for By begin accordance e 0 `h 0 e me of the ed 8 405 Brazos signing. IS form;rop ' 'y to proc e ' O's "p property, 'm T Y "'Gri ' zo County e n of an Ap calion does not !n any way obligate 0 0 g 0 is C ok "'ed as that submission 1 Ic t d on one 11 ati - The 0 further0 t su pli ea oindicated' Application0 ae 0 A On he Owner e acknowledges IIn d g g p pager � !!recommendations C a 'certain regarding this Application, the County may make 2 1 a ugh o n t m a a a althoughif County th I to approve the Appcation and 'that staff to to t "t t tr .. mm h allo, h m ym, a decision e not h rsremmme dation. h, d d k final d n that do s n conform Commissioner's Court may not follow a a . au a 00z =Y :MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PREUMINARYP'LAN: .$1.50 + $10 per [at' FINAL'PLA:P Ubo + �26 Per,ldt AMENDING PLAT:- $100 REPLAT1 $200 DATE APPLICATION RECEIVED: .1./ 'DATE APPLICATION RECEIVED 1 REJ .. ECT . ED: I-1 SIGNATURE.' 81ONATURE: Receipt 'of this Application by Brazos County does. not provide conflin-failon or tddeptancO of a complete, Application,. nor ,does It waive riBq'uftementdfor iihydddltional,lnformpti,on not contained as part of this Application which rffay,also'be needed aga'patt of the review . W prod6ss, Application tio'h Chad - k List.! Copies of finished plat with corrections (if any): 0 Three (3) hard copies to Brazos- County El One (1)'.pdf copy to' Brazos County • One (1) dwg copy to Brazos County • One (1) -hard b(5p.y to Brazos County Health District El One (I ).hard copy'to 8.M2:0 Codhty 911 0 One (1,) hard copy to local Water District or Company Letters of approval (to be sent by the apprdvl'ng Institution directly to'Brazos County FrIgineerino):, .0 Letter from Brazos County -Health District" For ,On-sitesewage: evaluation. U Lbtter from Brazos County 911 - For Road name'. 11 Letter from Water District or Company. -Stating water availability, etc.. If property,is within an E*qterr1tqrJ6I Jurisdiction (ETJ)- of a City' .0 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 aftY attached 'are. true and factual. All Applicants. -are encouraged to review the County' Regulatibh8,prlorta any plat submittal. It. is understood that this Application is not '.finished or dated untl - I all documents I . ppts listed above are .filed. at the Brazos Cbunty Engineering Office and ail -applicable, blanks are filled'in the Application. above. Vol. pg. 7 iX ® BII h a1'mi,Tls q ra i�iA I Itl r� J L__-__ J '-S,oaa'I_- LmmT--- u it afra Lit R'•r L3�i■ ^ Ile [t. 10 I I ©� Y g1 I woo iA x t Al.,i Ik 1 i •alrxr I I ,a rAu� .ai` N faNu• r - aL.7e• � rip2 FI°'r. wltr� LRtis�7�' 1� ®ILrY[ P 4AYdp/ AOn a0G11W �� I��rn.rl�r«rrr�w,la xr CP/� NiOW mNR V xW0 Brm R W IIN.+YeI O� dye r !A1 br � 40oY �tr�trWTegby Ft�L mL6p}vX�.l b�•iw p�, � p lrll nirrbr wTi Y�L trr d Neu/ bvw IPM,Ta0nwma"Za NYISnall •.. w r Id rnFr �°r,'�P�� w .1�r w= PIS itm S4rl0tef- ISri IJ•---------- 1- PA ui Itl PLL y i I �I d I •la vut I I�AJc � ��T{ {] ION {f• ¢a p �M hi' •�� 777^yfff '177 �b b I M PiL]mf L---IL-Y----.JJ- N1k —i]omf —_—•I —_--J ---,m.n 4 s.ra'aY [ -Iona '��' �""d w nbrr • _ 1yTLr I� 17 II it i i .JI§3I I` Alt Ir Ir hli li Blocki I arAra s.�°ce w YI�i11. AIY Ilwwu v nY Im xariu AltlraL n n¢ On Rlllltl Ti1aYp Irler Nrar' MIN, ra ► N '1�'�p W rs rarY YWObYBT�wIr MIaIwN rrrm+a Lr a mllrl [uwnnolaa LpIF grYWW�gY a[� Fdu Wy,— I n H Ir k rIA l 1 Block 2 �© :._Bass �QC: aE mmullw n ni rvmw 4�LNI� O�INM L ,4.a PyW+ rNa6•I W nrwtw I,a, pa1� O. tm,. � Net ,<,r1 wa «, Iw N Irv. r mraal yn�N fm Mr �®�r�I,P!CAIYr U)iN[ NMl 611R (mHrc d bwal war b�a Y w �nwoneri. d•`10.ma0.a°�. fib.la� VICINITY MAP rr\� �Y� uMl 0aA d pON tl W !r9 od O+r .Lett F W YI>8 A InSIIn MNG. �q o„..� r®.reYw wnewr.e .mu ... T,wraov++FW ,e8 Nrra Aorrrr a Troa r.xrrq r m ler� d W WwN a nuA oA LwwM1ir A Tnwo Pamur IWq Tn.t b np ,Jp LLr, A Trw WF.I, woy MwT I .. 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I/l-OLr ti b vl b dti. r %) M��331•SY i I•r a lbr J LCi.T, bl b . ,/3-M �r�I rtd wl yr W «r eeM�.a/ Bann dy Pw lrrl �� b.4 •W Fn mO e,a N1ry,LgN « wg M r n3ID ram; �-NF Imm r ,nuHy O• e�P. ru/ r m. mM�.ppl�l � trlp lIL I 37.,• r r . rAvs r 10.Y rr1 r. i+.,..t lllnm a Orttlpl' ! rrr W cmnw br r Xr G 1 M mW .001. m. R�SO bd,.1 IIC L ux�6a, mW1 en nvNw un � mri d w � 3RY m� 3nW 6aL �4 Yc 1mC ,NQIa N am'.u' r atrr W ammn, a d ,tr Hatt W eYY .,..Y m. Iva 7rra 17n nm r w W mcd .nnl d. ar.u. eTc1 a . rr.a. r im � wbaa ..f�vA.lnm�`I"ra'°1a Iva ndwr r m,e r ve wat da rr. Im rr. ,..lmr a a.� lawn+ tn°iue�9n iv ,aa �bOedeYWA 3"il„r Y a em u� 'w Nm I.ole Ie�lu n�'a+ i ro [ Qro'IC r r . d,ar1 r YtIL ldr M nlrma m�a [ap0�io. N� Idr4 I GmN � W r�r..N � � � 4dr+l. LLo iN<I , oY it ,) N�.ro�r,Y.u�•O r, i �nraai W �a�imw soli/a I.rr�c~uc r� 1 od •u rd r 71 No=1YN• � Ir . W W Y HOST M b IM 1WI O tID/CY m% cWJiFp ILW UN£ WIT BNe TAB!£ u+a MA= OWN= IM ecllLla U9GNK u wArlriYc .LAa n i.rnm•r I 3L7r ua N raw rL Ln• mI r C' .�. 5/•r.bo {Ie��lw�.1� w tW N.s lw N.. M A,m is e ,m �Ir�r•«rr r...p Y o�N.eMr.......�.+r.r�F'.ru...r ,ate � ��,..J.=sh4 Wi17 Yr o.Y.o s.rr m Y arr_earrLr,arrr d.1wW!R ti w._Zr� .r�lr � ... II wit. 0pl COULTER BUSINESS PARK PHASE 1 LOTS 1-9, BLOCK 1 1075 ! Z ©LOCK 2 LOIS 1--4 BLOCK J 107S 2-4, BLOCK 4 2J.J88 ACRES Af0SESA /nSM? SURVEY, A-18 aw4s MUMY, 7a" ,P,Wi RY 2n2J SrAlE 1• . ton• _ �q Wr'A x,l Ot0 rmtr+��•nd� � W BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2023 Becker Subd Final Plat DATE OF COURT MEETING: 5/30/2023 ITEM: Approval of the Final Plat of Becker Subdivision Block 1 Lot 1 being a 4.004 Acre Tract; Mary Lawrence Survey, Abstract 30; Brazos County, Texas. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 06/24/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type County. Application Signed pdf Application for Development Backup Material Becker Subdivision - Plat Backup Material Fins Plat 052423.pdf A j3oJa3 Duane Peters Date County Judge Vol. Pg. 72 DocuSign Envelope ID:190CCCt6-03C6.4B1D-A4AC-E02C49735A76 J Brazos County Road & Bridge Office 2617 SH 21 West Bryan, TX 77803 Telephone: (979) 822-2127 Fax: (979 775-0456 Email: plats@brazoscountvtx.gov PLAT APPLICATION SUBJECT PROPERTY •- - APPLICATION DATE': 01 /30/23 RESUBMITTAL: ❑ YES NO PROJECT / SUBDIVISION NAME: Becker Subdivision PROJECT ADDRESS OR LOCATION: FM 974 LEGAL DESCRIPTION:A003000, MARY LAWRENCE, TRACT 5.2, 20.15 ACRES IF RESUBMITTAL, PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS:1 TOTAL ACREAGE 20.15 JURISDICTION: ❑ CITY LIMITS ❑ ETJ 9 OUTSIDE ALL CITY LIMITS AND ETJs * Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five (5) years from the Application date of the project, ❑ MASTER PLAN TYPE OF APPLICATION ❑ SIMPLIFIED PLAT 9 PRELIMINARY PLAN R FINAL PLAT ❑ AMENDING PLAT ❑. REPLAT APPLICATION PURPOSE ❑ RESIDENTIAL ❑ MANUFACTURED HOME ❑ COMMERCIAL RENTAL COMMUNITY ❑ OTHER (Please explain): IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES N 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 regulatorypurposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights maybe increased by man-made or natural causes. Issuance of a Floodplain Permit In accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County. In the event flooding or flood damage does occur. WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES S NO 400 Vol. Pg -'7 8 DocuSign Envelope ID: 190CCC66-0306-4B1D-A4AC-E02C49735A76 gPPU6ANT INFORI�VIATI 'N �, •� tom,.. s,, .. f-.�.. f _ .....�.,: f �.� ...... _asf,�`�� ,. r • FIRM NAME: Same as Owner CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: FIRM NAME: CONTACT: Joshua Ryan Kindt ADDRESS: PO BOX 5841 CITY: Bryan STATE: TX ZIP: 77805 PHONE: 979-450-3346 FAX: EMAIL: rkindt@yahoo.com b'� L bf3f .. qi�r-v} rih � YSv�. `� , d � 'N'Y�'r✓ "x. '? E4'' SG't�ri, ye }4'r. r A1k't.;t 5d7hr. ?... _. "1':.4 •��„ ;.. s�Y . Y _ss.. �� x . •+F''".. 6 . ro-��,S�... t _ _ ni r£ FIRM NAME: Carlomagno Surveying CONTACT: Crissy Carlomagno ADDRESS:2651 Boonville Rd Unit 140 CITY: Bryan STATE: TX ZIP: 77808 PHONE: (979) 775-2873 FAX: EMAIL: cs@carlomagnosurveying.com PROPERTY OWNER CONSENT ! AGENT AUTHORIZATION Vol. 400 Pg. DocuSign Envelope ID:190CCC66-03C6-4B1D-A4AC-E02C49735A76 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 DevelopmentlSubdivision of this property. o«„sro�atry: SIGNATURE: PRINTED NAME: Joshua Kindt DATE:1/30/2023 SIGNATURE: PRINTED NAME: DATE: By signing this form, the Owner of the property authorizes Brazos -County to begin proceedings in accordance with the process for this type of Application Indicated on page one of this Application. The owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not follow that recommendation and may make a final decision that does not confoim to the staffs recommendation. CALCULATIONS 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 DATE APPLICATION RECEIVED / REJECTED: / ! 11 SIGNATURE: I I SIGNATURE: I) 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): 0 Three (3) hard copies to Brazos County ❑ One (1) .pdf copy to Brazos County ❑ One (1) .dwg copy to Brazos County ❑ One (1) hard copy to Brazos County Health District ❑ One (1) hard copy to Brazos County 911 ❑ One (1) hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): ® Letter from Brazos County Health District - For On -site sewage evaluation. A 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. EVoll. � ©® �5 Pg. . PRRr-fMrNA r!Y PLAN FINAL PLAT W— ,4N b b wwr4pw v W fkwv 0— R4. W,W vw I+VrvM l HI HrIrN1 vNtl w¢ Ndw a•m ur L,mm ewN/ NWO G,1,IA lonmk W 44 wrM H Aa m-tlro v.ry, fvdLb (pTpYl Nw eemty HIL m4 mb O,4 mbimvm b1 l Ya ,r,luvaveu ,�p! Nr� �1 vptiv n 09Y 1[ma41• pa,,m��]1 Im-� wditlH iW i W y�y v,lm vvYv w,P 11 TW xl . = ww pa �v �y 0MNw60 vwmp W vagiy pNw4 m W NM J •x w�0.LNm mmWr! ado � TwY�I¢O v�l wioyC�o��ymY�t�� basYM W v HGmISIwEnLni _I Y; Q " fiW i9 Ypr�6W9pW my.oOv.,�O Lib loppv VIW4 l�mm 1!B[F Lvilw Saml IW vYnT � n6,muE m a,vb, N m W a I,n�rWun pa�Wy N bv. 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AWrylaunm]+Su q; AAunnJo ILLiNKLml7 hnJ aly :TtlJ ldn..Awf L"c=: /IT]ATx lAou. nI �l�1.1-C�'...ry� N/WdJVJ .WI4vmW'N�]*fTAvTlW � 1.YlJNU �,T�, VlNLNalHT YMl/t1H1J tarGFPM! r BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 5/30/2023 ITEM: Approval of Brazos County cash contribution to the Brazos County Health District for the 2nd and 3rd quarter of FY 2022-2023 in the amount of $119,507.25 per quarter for a total of $239,014.50. TO: Commissioners Court DATE: 05/23/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name , Description Type FY22 Health District invoice.pdf Invoice Backup Material CC 053023.pji Journal Entry Backup Material 120(,a2 Duane Peters bate County Judge E 4 © 0 pg. INVOICE Brazos County Attn: Brian Pratt 200 S. Texas Ave., Ste 218 Bryan, Texas 77803 ILi VOICE DATE: 11/8/2022 INVOICE NUMBER: BC0001-23 DESCRIPTION: Mail Remittance to: Brazos County Auditor 200 So. Texas Ave., Suite 218 Bryan, Texas 77803 Attn: Brian Pratt (979) 361-4355 Brazos County's annual contribution, for fiscal year 2022-2023, in accordance with the Brazos County Public Health District Cooperative Agreement. AMOUNT DUE: $478,029.00 (payable in 12 equal installments) 1J - A;(; cp . Please make check(s) payable to: Brazos County Health District S; __ _ - 7-8 . 5/23/23, 2:22 PM Edit Journal Journal Batch: CC 053023 (2) 1 show More Journal Q I Show More Journal Lines OO Manage Journals - Journals - Oracle Fusion Cloud Applications Journal Batch CC 053023 Description Expense 2nd and Third Quarter County Contribution to Health District Balance Type Actual * Accounting Period May-23 Attachments FY22 Health District Involoe.p Journal CC 053023 Description Expense 2nd and Third Quarter County Contribution to Health District * Ledger Brazos County Primary Ledger * Accounting Date 5123/2023 * Category Manual Source AutoCopy Approval Status Required Funds Status Not attempted Batch Status Unposted Completion Status Incomplete Currency USD US Dollar Conversion Date 5123/2023 Conversion Rate Type User Conversion Rate 1 Inverse Conversion Rate 1 l 1 Entered (USD) i E Line 1 * Account Account Description --- -- - - j-- --- — Description Debit 1 Credit '— I 11 91000-00000000.110052oo-oo00o-Oo00-000000 Health -County Health District -No Value -Depository Bank Account -No Value -No Value -No Value 239,014.50 Expense 2nd and Third Quarter County Contribution to He. .............. ............. _.._.._-..............__-_..---------........ ........ ,... ... ....................... .._.... .... ........... ............. ....._... ....... .... ..... ...... .... ......... ... .................. ...... .... ........_._,...._-- ...-..------._...._........:----- ..... _...... ......... I 2 91000-0000000043041200-00000-0000-000000 Health- County Health District -No Value -Participation -Brazos County -No Value -No Value -No Value _ 239.014.50 Expense 2nd and Third Quarter County Contribution to He: 3 0100041002000 73510000-00000.0000-000000 General Fund -Community Support -Health Division -County Support -No Value -No Value -No Value 239,014.50 Expense 2nd and Third Quarter County Contribution to He,. 4 01000-0000000041005200-00000-0000-000000 P. General Fund -No Value -Depository Bank Account -No Value -No Value -No Value 239,014.50 Expense 2nd and Third Quarter County Contribution to He: at 478,029.00 478,029.00 t - - ._ .- . ..-.-_.. .. 1 _•--__. ___. _,_n�n,�or_�lN_L_ul_�wl-J-r 414 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 05/23/2023 REQUESTOR LYNE17E OR KATLYN CROFT ADDRESS 564 CR 2284 CLEVELAND TX 77327 OWNER NAME LYNETTE OR KATLYN CROFT PROP ID# 349860 REFUND AMOUNT $26.95 REQUESTOR TERESA POSADA ADDRESS 1904 AVENUE D BRYAN TX 77803 OWNER NAME TERESA PAYTON & ESTELLA NEWTON PROP ID# 130231 REFUND AMOUNT $ 96.89 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 APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 41S1 County Park Court Bryan, Texas 77802 'Ph. 979-775-9930 OWNER'S NAME AND ADDRESS CROFT LYNETTE % CROFT KATLYN 122 SUNSET WAY COLLEGE STATION TX 77845-3466 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: SUNSET RIDGE, SPACE 122 SUNSET WAY, SER# CLW029361TX, HUD# HWC0403524 Address: 122 SUNSET WAY (PVT) , - -- — AccdUni:#'34.9860Y-`- __ _. .— - -------•-_.. _ .. -_ --=------- •------• - TAX PAYMENT INFORMATION' Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZREFUND 2022 10/28/2022 • $448.16 $26.95 Taxpayer's reason for refund: OP -Overpayment REFUND TO: CROFT LYNETTE % CROFT KATLYN 564 CR 2284 CLEVELAND, TX 77327 Sign below and return form to the Brazos County Tax Office. "I hereby applyfor the refund of the above -described taxes and certify that the information on this form is true and correct." igna r at a81__5a8__ 5�7 ILAM&M�+(Seqmd ( Phone # Ergail Address 1 if you make a false statement on this application, you could be found guiltyof a Class A misdemeanor or a state Jail felony under Texas Penal Code Section 37.10. TAX REFUND DETER TION The ax refun [ proved Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date 400 Vol. Pg. TAX REQEIRT 10/31/2022 01:OOPM KRISTEEN ROE, CTA PH* (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: CROFT LYNETTE % CROFT KATLYN 122 SUNSET WAY COLLEGE STATION, TX 77845-3466 Property ID'',ay ,:Geor - ^ r %;;,Legal 349860 :700000.0801-1220 r 0.6000 -. - ,; --: �• -�•- .� 'Legal Descripti6it - " :r r '='•' �;i �: 7 SUNSET RIDGE, SPACE 122 SUNSET' WAY, SER# CLW029361TX, `HUD#HWC0403524 .SItU$ t•' 1, '� f i•'t7i .c . v..e ' ' :� " , ;• �.:� µDBA Name:., 122SUNSETWAY(PVT) .�,:...... _:s•' .?..._. =`.`p^ �Receipf�IVumber.'=�•' •i . 3167625 Date;PR0904.?;;?,1 _10131120.22 Payment:7ype {; ;- -- P Payment•Code_:=:; ! Q%tgyRefund TctaatIR51d `Owner Name:and'Ad`dress' CROFT LYNETTE % CROFT KATLYN 122 SUNSET WAY COLLEGE STATION, TX 77845-3466 Entity? rYear,: _Rate, ;:4Tazable;Ualti'e ` Stmt.: _:;Vold"'=0ri inalTaz,`=_Discnts' ' P81`' AttFeesrOv"ra eAmountRd• Z REFUND ENTITY 2022 0.00000 0 145256� N 26.95 0.00 0.00- 0.00 0.00 26.95 EMG SVCS DIST#1 2022 0.02266 25,840 31517 N 5.83 0.00 0.00 0.00 0.00 5.83 BRAZOS COUNTY 2022 0.42241 25,840 31517 N 110.98 0.00 0.00 0.00 0.00 110.96 COLLEGE STATION ISO 2022 1.17810 25,840 31517 N 304.42 0.00 0.00 0.00 0.00 304.42 448.16 Balance Due As Of 10/3112022: -26.95 :.Amount Check _ l REPOST ` y i 2022 MH ESCROW K 448.16 448.16 •0'erato :'Batch-r •-r��;-T �• .•s:: �• `' � ,:E� - •'..;-, �; •,;.. -.., ._ ,.;,-•..--<; - P.Total Paid . .:!`i�ti':a'•" ... .. �Y��:i0.5 F. ... .•'Y`• ...,•3.1'.�:x+;.::: .,. •- •.r tom••<>'::;-.7e'..t •. ,• ._ -'•� ,u_bs tmoore 43099 (2022_-MH Escrow) f f � - - 448.15 Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code APPLICATION FOR TAX REFUND Collecting Once Name Brazos County Tax Office 41SI County Park Court Bryan, Texas 77802 Ph. 979-773-9930 OWNER'S NAME AND ADDRESS PAYTON TERESA & ESTELLA NEWTON 1904 AVENUE D BRYAN TX 77803-1207 PROPERTY DESCRIPTION Legal: JONES-BROCK, BLOCK H, LOT 3 Address: 1904 AVENUE D Account.#_ 30231 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: POSADA TERESA 1904AVENUE D BRYAN TX 77803-1207 Collecting Tax for. (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 04/30/2023 $250.00 $96.89 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." A4:0�� 73 S -- fir---- z-3- Signtu%re ia�j % Date 2 `� /_ Phone 0 Email Address If you make a false statement on this application, you could be found guilty of a Class Almisdameanor or a state jail felony under Texas Penal Code Sectiom37.10. TAX REFUND DETERMINATION The x refun ( A roved j Disapproved 5j3ola3 Authorized Officer Signature Date Authorized officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date EVo l. .400 pg. 3-- TAX RECEIPT 05/0112023 04:09PM i. KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR--�'-�-- 4151 COUNTY PARK CT �,_, R_e_celptNtirr�'tie�;F�;,,>,{ BRYAN TX- 77802 3260468 � SOtet , 04/3012023i Dd pa�mdnf=lyq@ P fi gntIC tle �" i ov r, efund� .• Tota1 Pig.,, PAID BY: POSADA TERESA 1904 AVE D - BRYAN, TX 77803 a '"'^'sr."•-Y^1 0.,,�• .:,s t -•��: �. r tR< < y ;, �..•: ; ( t..:. }. 1�Y" �-,(•��• , � Co' "T% r •.i �i, ;'�'+. f;� Prop�tty.�.I4rs;�.,,,,[.. . ,•,•b ..�r�rf�t ,. �5.9, 1•Y1i!:..4�+. . i��_ ^_ lE•..`'1'.•'i��C,•:L",egalgct$S`�h�. >4ti:�.r..:t . . v ,; . � x R@�9:1�1�.AYtdrgsS.,... ``J2:•, v '.v 30231 {362000-0008-0030 0 0000 PAYTON TERESA & ESTELLA NEWTON fsti-:.4 `j. •.,;,, "` a1 D�scri do is:.•� ::: w•-�..,:•;�,, r 11904 AVENUE D x +: , ram. :...Y,. 9 p�_.;. s . •r _, ::, b::•:_4.,. BRYAN, l7C 803. 771207 JONES-BLOCK, BLOCK H, LOT 3 ,'�:DBA'Nafie ^ y,�. ,,• �.s.. a f`r= :r I ! 1904AVENUED a- BRAZOS COUNTY 2022 OA2941 82,389 98997 N 36.13 0.00 3.97 0.00 0.00 40.10 CITY OF BRYAN 2022 0.62400 82,389 - 98997 N • 62.49 0.00 5.77 0.00 0.00 58.26 BRYAN ISD 2022 1.13960 42,389 98997 N 49.33 0.00 6.42 0.00 0.00. 54.75 260.00 Balance Due As Of 0413012023: -90.89 Tetjde[%rr `.h!`f1e i5.: �:.�1+� x:"� gi' a;�; Q s'ciptibn,::•,r- zsnr. r��r mount Money Order 28612133133 • • 250.00 250.00 v�. -A-U_._- Pg: ----- ;N; ;.---e.t•; ,--• ,.•�-- :l. !,, `{�; 777 .w .X • i� �" -?:^F;-,- ''""A:� /��era�p `9�tCl�; .,,r. � 5-:t. :b ...._ .k s. ,3• +�.m.''.n".'s^�.'s,.,�:,S..::�•1!tt:i.`:.-:.:iiLs:Gb� - '-• ...i'.•A.r%::e:.-.a�.•�t.,.•t TC}�a •�aifll . l+, , !fit :,,o-S�. µ �Ya;'!: '+:Gr: `•4 'Er�°.' '�' ,.�;,� � •.�•-'t�'i'.- z..�-^ i.�, lemerson 45931 (05012023_LE) 250_00 Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code rNeam, nbn,u . w BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 34.01— 34.04 On this the 301h day of May 2023 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Steve Aldrich, Commissioner, Precinct 1 C. Chuck Konderla, Commissioner, Precinct 2 D. Nancy Berry, Commissioner, Precinct 3 E. Wanda Watson, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 301h 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 G 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 3011, day of May 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget st BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 34.01 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Ex enditure 8,500.00 361st District Court - GenemlFund Administration Departmental Sunnort Fxnenditure R IMA An of funds to cover the cost for a NNP 4, —SM for 361st District 3 Vor dn Onl X �Tli - "v - -A FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 11001500 61130000 (8,500.00) Contingency 01000 22200100 61900000 8,500.00 Visiting Court Reporter VOL 4 0 0 Pg. 86 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 34.02 6/30/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION I ACCOUNT CATEGORY INCREASE DECREASE General Fund Contin2enev Departmental SunDort I Rynen(fitnrn I I I Facilities Services - —1 General Fund I Administration I Contractual Services Expenditure 40,899.001 Services of funds to replace a HVAC FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 11001500 61130000 (40,899.00) Contingency 01000 17000100 71206700 40,899.06 HVAC Control Contract . 400 87 Vol. Pig BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 34.03 5/30/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Risk Management - Administration Revenue 200.00 General Fund Risk Management - Administration Departmental Support Expenditure 200.00 Risk Management Recognize a donation of two 2) $100 Walmart gift cards from Wilton's Office Works t o ealth and SZ:zune 5, J023. .. •.��_.: County JuEfSe..._.,AF?Prd�al �;� ___ Q�te� t 'e�i 1"or QracleEritb`v.On _,.s _..;.._ '�E; tt �� w y FUND DIV ACCT Change in Budget . ACCOUNT NAME 01000 12500100 46023000 200.00 Donation - Other 01000 12500100 61235000 200.00 Donation - Other VOL Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 34.04 5/30/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Departmental Support Expenditure 1-759-00 Reallocation of funds to purchase a laptop to be use during Indigent Court "rA WOO F"k1W MIA FUND DIV ACCT Change in, Budget ACCOUNT NAME 01000 11001500 61130000 (1,759.00) Contingency 01000 11200200 60500000 1,759.00 Equipment& 1T Enhancement Vol. pg. 89 Personnel Change of Status (May 25,2023) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 05-30-202-3 Human Resources Consider and Take Action on Change Employment 1-0, 116, ?1 44, 1, - A -� 4r,Ud parftentNbffea -,Employee Name Juvenile Services - Detention Banas, Kald Juvenile Services - Detention Curtis Jr, Claude Juvenile Services - Detention Wilson, Winona Separations P n1. Sheriff Office - ]all Administration Lkon, Julie* Approved in Commissioners' Court: 05-30-20X N \ r County Judge's or Commissioher's Signature: (This Copy to be attached to minutes) V(A. 4 0.0- — pg. 9 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 05-30-2023 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Requests) Applies To County Agriculture Extension Sugg, Ashleigh Change of Status JuvenileServices— Administration Community Based Stroup, Evan Change of Status Approved in Commissioners' Court: 05-30-2 2 !a::, --- County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 400 Pg. 91 1