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Home My WebLink About2023/09/12 REGULAR SESSION 10:00AMBRAZOS COUNTY B RYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 12, 2023 AT 10-00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACE BOOK.CONUBRAZOSCOUNTYTX THIS MEETING WILL BE CONDUCTED BY VIDEO CONFERENCE WITH AT LEAST A QUORUM OF COMMISSIONERS COURT MEMBERS PARTICIPATING IN PERSON AT THE COUNTY ADMINISTRATION BUILDING IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 551.127 OF THE TEXAS GOVERNMENT CODE. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -25 3. Request approval of the proposed Road and Bridge 2024 Holiday Schedule which is equivalent to the standard approved (96-hour) 2024 County Holiday Schedule. 4. Approval of Section 4.03 Longevity Policy effective FY 2024, first payout under this policy will be November 2024. 5. Order 23-011 adopting the Tax Rate 6 percent for the Local Provider Participation Fund for fiscal year 2024, approving payment for administration costs to Brazos County and designating PNC Bank as the LPPF depository. 6. Approval of the I nterlocal Cooperative Agreement providing housing for prisoners from the City of Bryan, Texas in the Brazos County Jail. In 7. Requesting approval for the following contract - SAVNS: • a. Service Agreement Contract C-01008 with Appriss - FY 2024 SAVNS Grant Contract 8. Approval of the following Job Description: • a. Crime Analyst (2080 hours) Sheriff Office (B1418) 9. -Approval of Agreement #23-136 Clearview Search Database with vendor SHI for Sheriff's Office 10. Approval of Amendment #1 to raise daily rates from $100.00 to $150.00 for Contract #23-149 Short -Term Detention of Juvenile Offenders with Madison County. 11. Approval of Contract #23-165 with Rite of Passage for Secure Short -Term Detention Services for Juvenile. 12. Approval of Contract #23-166 for Secure Short -Term Detention of Juvenile Offenders with Walker County. 13. Approval of Contract #CI P 23-583 with Broaddus & Associates for Construction Management Services for the Medical Examiner's Facility. 14. Approval of CI P 23-603 License Plate Scan License and Investigative Data Subscription with Vigilant Solutions for Sheriff Office. 15. Approval of Amendment #1 to IQ #24-012 Grit Trap Pumping with G&L Wastewater Services, LLC to amend Workers Compensation Insurance and Employers Liability Insurance clause on current contract. 16. Award of Bid #24-013 for Carpet Cleaning. Recommended Vendor is Ambassador Services, LLC. 17. Approval of Contract #24-017 Copier Maintenance with Dahill Office Technology Corp dba Xerox Business Solutions. 18. Permission to Advertise Bid #24-023 for Landscape Maintenance. 19. Approval of the Treasurer Report for July 2023. 20. Tax Refund Applications for the following: Overpayments • a. Patricia Stroud - $100.00 • b. Corelogic - $64.21 • c. Corelogic - $91.65 • d. Corelogic - $46.29 • e. Corelogic - $93.57 • f. Corelogic - $67.05 21. Budget Amendments. • FY 22/23 Budget Amendments 47.01 - 47.04 22. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms 23. Payment of Claims. 24. Convene into Executive Session pursuant to Texas Government Code §551.087 for deliberation regarding economic development negotiations. 25. Consider and possible action on Executive Session. 26. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of September 6, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals by Fund as of September 6, 2023. 27. Juvenile director's report on detention population. 28. Sheriff's report on inmate population. 29. Announcement of interest items and possible future agenda topics. 30. Call for Citizen input and/or concerns 31. Adjourn. 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 Courfs presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOSCOUNTYTX is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. The foregoing minutes of the Commissioners Court Meeting held September 12, 2023, have been examined and are approved in open Court this 3rd day of October 2023, in Bryan, Brazos County, Texas. Duane P ers County Judge Chuck Konderla ' Commissioner, Precinct 2 Wanda J. Watso Commissioner, Ocinct 4 Attest: Karen'McQueen County Clerk Steve Aldrich Commissioner, Precinct 1 Nancy Berry Commissioner, Precinct 3 MINUTES SEPTEMBER 12, 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, September 12, 2023 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3, Present via Zoom; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. 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 Cynthia Wiley requested that the Court take into consideration the possibility of reverting to a voting precinct County with hand -counted paper ballots. Ms. Wiley shared information she obtained from a recent "Hand Count Road Shove' where the presenters encouraged hand counting of ballots for elections. Consider and take action on agenda items: 3 - 25 3. -Request approval of the proposed Road and Bridge 2024 Holiday Schedule which is . equivalent to the standard approved (96-hour) 2024 County Holiday Schedule. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 4. Approval of Section 4.03 Longevity Policy effective FY 2024, first payout under this policy will be November 2024. A copy of Section 4.03 Longevity Policy is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Order 23-011 adopting the Tax Rate 6 percent for the Local Provider Participation Fund for fiscal year 2024, approving payment for administration costs to Brazos County and designating PNC Bank as the LPPF depository. A copy of the Order is attached. Motion: Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of the I nterlocal Cooperative Agreement providing housing for prisoners from the City of Bryan, Texas in the Brazos County Jail. A copy of the I nterlocal Cooperative Agreement is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 7. Requesting approval for the following contract - SAVNS: • a. Service Agreement Contract C-01008 with Appriss - FY 2024 SAVNS Grant Contract A copy of the contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of the following Job Description: • a. Crime Analyst (2080 hours) Sheriff Office (B1418) A copy of the job description is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of Agreement #23-136 Clearview Search Database with vendor SHI for Sheriff's Office A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Kondera, Peters, Watson. 10. Approval of Amendment #1 to raise daily rates from $100.00 to $150.00 for Contract #23-149 Short -Term Detention of Juvenile Offenders with Madison County. A copy of the amended service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of Contract #23-165 with Rite of Passage for Secure Short -Term Detention Services for Juvenile. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Approval of Contract #23-166 for Secure Short -Term Detention of Juvenile Offenders with Walker County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Approval of Contract #CI P 23-583 with Broaddus & Associates for Construction Management Services for the Medical Examiner's Facility. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Approval of CIP 23-603 License Plate Scan License and Investigative Data Subscription with Vigilant Solutions for Sheriff Office. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Kondeda. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Approval of Amendment #1 to IQ #24-012 Grit Trap Pumping with G&L Wastewater Services, LLC to amend Workers Compensation Insurance and Employers Liability Insurance clause on current contract. A copy of the amended service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Award of Bid #24-013 for Carpet Cleaning. Recommended Vendor is Ambassador Services, LLC. The Court voted unanimously to accept the recommendation of the Purchasing Agent and awarded Bid #24-013 for Carpet Cleaning to Ambassador Services, LLC. A copy of the bid tabulation and quote is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 17. Approval of Contract #24-017 Copier Maintenance with Dahill Office Technology Corp dba Xerox Business Solutions. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. Permission to Advertise Bid #24-023 for Landscape Maintenance. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 19. Approval of the Treasurer Report for July 2023. The Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2023. A copy is attached and made a part of these minutes. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 20. Tax Refund Applications for the following: Overpayments • a. Patricia Stroud - $100.00 • b. Corelogic - $64.21 • c. Corelogic - $91.65 • d. Corelogic - $46.29 • e. Corelogic - $93.57 • f. Corelogic - $67.05 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 21. Budget Amendments. • FY 22/23 Budget Amendments 47.01 - 47.04 47.01 To recognize donation to Sheriff's Office -Administration. 47.02 Reallocate funds for Road and Bridge. 47.03 Reallocate funds for Sheriff's Office - Jail and Information Technology. 47.04 To recognize funding from Texas Indigent Defense Commission Grant. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 22. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms A copy of the Personnel Change of Status is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 23. Payment of Claims. Claims 8124516 - 8124651 9008452 - 9008513 Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 24. Convene into Executive Session pursuant to Texas Government Code §551.087 for deliberation regarding economic development negotiations. At this point, the County Judge announced the Court would consider items 26 through 30 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:20 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.087 as stated above: The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, Civil Counsel Katie Conner, Auditor Kimberly Roach, I ntergovemmental Liaison 25. Consider and possible action on Executive Session. At 10:50 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 26. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of September 6, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals by Fund as of September 6, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of September 6, 2023. 27. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 41 juveniles in the detention center, 31 are male and 10 are female, and 24 have electronic monitors. 28. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 714 inmates in jail, 604 inmates are male, 110 are female and 57 have electronic monitors. 29. Announcement of interest items and possible future agenda topics. Commissioner Aldrich invited employees and the public to attend the Justice of the Peace and Constable, Precinct 1 Building Open House on Friday, September 22, 2023 at 3:00 p.m. to 6:00 p.m. with a Chamber of Commerce Ribbon Cutting at 4:30 p.m. Commissioner Konderla commended the Brazos Valley Historical Commission and Historical Preservation Committee on pursuing the dedication of the College Station Cemetery as a state historical marker. Judge Peters announced the Annual County and District Clerks Association of Texas Conference is being held in College Station this week and asked that the community welcome the visitors. 30. Call for Citizen input and/or concerns There was no Citizen input. 31. Adjourn. Pg I of 3 BRAZOS COUNTY COMMISSIONER'S COURT �(3 DAY OF %tPtf MXC , 2093 10'.00 A)/PM, mx M c Name Hum .. IN .►� .� , Hil�u,_ �'j � n n R '( cue+ �v Organization (PLEASE PRINT) NmMmibow �1 PgQ of 3 BRAZOS COUNTY COMMISSIONER'S COURT DAY OF , 20 ,::;Z3 AM/PM,, � Name (PLEASE PRINT) bc' CALid L,JFl c /n e--_ Organization (PLEASE PRINT) 5� I� r YCJ6 I T-y 3c Pg 3 of 3 BRAZOS COUNTY COMMISSIONER'S COURT lad` DAY Name (PL SE PRINT) 20 Z 0'�00 PM, RmuAc,,uc.IJ�e��'lnc� Organization (PLEASE PRINT) ��I�� c+- BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2023 Proposed 2024 Road and Bridge Holiday Schedule DATE OF COURT MEETING: 9/12/2023 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name 2024 RB_Hoflday_Schedule.pdf Request approval of the proposed Road and Bridge 2024 Holiday Schedule which is equivalent to the standard approved (96-hour) 2024 County Holiday Schedule. Commissioners Court Karen Tyler 09/07/2023 False False $0.00 Descri tp ion Iy�_ 2024 RB Holiday Schedule Backup Material APR® Duane Peters ?ate County Judge Road & Bridge Department Holidav Schedule 2024 2024 Holidays Standard Holiday Hours R&B Holidays :Monday -Thursday Team..: R&B Holiday .. Tuesday -- FridayTeam'.. New Year's Day: January 1 (Monday) January 2 (Tuesday) 8 - = 10 Martin Luther King Dav: January 15 (Monday) January 16 (Tuesday) 8 - - 10 10 Good Friday: March 29 (Friday) 8 ::... 10 ... :, Memorial Day: May 27 Monday 8 Juneteenth: June 19 (Wednesday) 8 6 .:':. 6 Independence Day: Jul 4(Thursday) 8 : ,:: 10-1 10 Labor Day, September 2(Monday) 8 ;5 ' ' 10;,. ' Thanksgiving: November 28 (Thursday) November 29 (Friday) 8 8 10 . - 1. 10 10 Christmas: December 24 (Tuesday) December 25 (Wednesday) December 26 (Thursday) 8 8 8 - 10 : 10 10 .10 Holiday Totals 96 :';; . 96;;: 96 . BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 9/12/2023 ITEM: Approval of Section 4.03 Longevity Policy effective FY 2024, first payout under this policy will be November 2024. TO: Commissioners Court DATE: 09/07/2023 FISCAL IMPACT. False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name 15-escrip.9-o Iy� Section 4.03 Longetity_Policy_ Longevity Policy Backup Materlal Effective FY 24.doox Duane Peters Date • . County Judge BRAZOS COUNTY 4.03 POLICY ON LONGEVITY PAY 4.031 GENERAL: Brazos County has three types of longevity pay. The County longevity pay adopted by the Commissioners Court; State reimbursed longevity pay as authorized by the Government Code for Assistant Prosecutors; and Longevity pay for Commissioned Deputies as authorized by the Local Government Code. Longevity pay for purposes under the County Longevity Pay Policy is considered benefit pay, and is in addition to the regular salary approved by the Commissioners Court, and set by the employing official and/or department head. Longevity pay will be calculated based the number of year of service as of September 30t' of each year. For pay purposes, longevity pay will be distributed once a year with the first paycheck in November or upon separation from employment if eligible. 4.03.2 ELIGIBILITY: All full-time regular employees, to include elected officials and to exclude temporary and part-time employees, shall be eligible for the longevity pay benefit. Longevity pay will be based on the completion of years of employment as of September 30`h. Employees must be employed through September 30'to receive a distribution in the subsequent November. The incremental periods will begin with one year and end with thirty-five years. 112 BRAZOSCOUNTY 4.03 POLICY ON LONGEVITY PAY (continued) 4.03.3 PAYMENT: For pay purposes, longevity will be distributed to each eligible employee once a year with the first pay in November or upon separation from employment if eligible. Longevity pay will be paid based on the following schedule: 1 year $ 120 2 years $ 240 3 years $ 360 4 years $ 480 5 through 9 years $ 600 per yr. 10 through 14 years $ 1,200 per yr. 15 through 19 years $ 1,800 per yr. 20 through 24 years $ 2,400 per yr. 25 through 29 years $ 3,000 per yr. 30 through 34 years $ 3,600 per yr. 35 years and longer $ 4,200 per yr. An employee who terminates employment with the County is not entitled to prior service credit with the County should the employee choose to return to County employment at a later date. All previous prior service credits approved by the Commissioners Court will be grandfathered. It is the responsibility of the Commissioners Court to provide budget appropriations for each department's longevity requirement. 113 STATE OF TEXAS § E COUNTY OF BRAZOS § ORDER 23-011 ADOPTING THE LOCAL PROVIDER PARTICIPATION FUND (LPPF) MANDATORY PAYMENT TAX RATE AND DESIGNATING A DEPOSITORY WHEREAS, pursuant to Chapter 296 of the Texas Health and Safety Code, the Brazos County Commissioners Court created the Brazos County Local Provider Participation Fund; WHEREAS, the purpose of the Local Provider Participation Fund is to generate revenue to provide the nonfederal share of a Medicaid Supplemental Payment Program by requiring a mandatory payment from Institutional Healthcare Providers in Brazos County; WHEREAS, pursuant to Section 296.151(b) and (c) of the Texas Health and Safety Code, Brazos County can set the mandatory payment amount in an amount which is proportional, and which is not to exceed 6 percent of the aggregate net patient revenue of all paying hospitals in the County; WHEREAS, pursuant to Section 296.151(d) of the Texas Health and Safety Code, Brazos County can cover administrative expenses that are incurred from the County's activities under Chapter 296, which may not exceed the lesser of four percent of the total revenue generated from the mandatory payment or $20,000; WHEREAS, pursuant to Section 296.103 of the Texas Health and Safety Code, Brazos County shall designate one or more banks located in the County as the Depository for Mandatory Payments. NOW THEREFORE BE IT ORDERED, by the Brazos -County Commissioner's Court, that for FISCAL YEAR 2024, the Brazos County Local Provider Participation Fund; a. The Mandatory Payment Tax Rate be set at 6 percent; and b. Brazos County be paid twenty thousand dollars $20,000 from the fund to cover administrative expenses; and c. Brazos County designates PNC Bank to be its Depository for mandatory payments received by the county. Passed, Approved, Adopted and Ordered this 121h day of September 2023 by a vote of 5 ayes and 0 nays. Duane Peters 'County Judge r- Steven Aldrich Chuck Konderla County Commissioner, Precinct 1 County Commissioner, Precinct 2 a Nancy Berry County Commissioner, Precinct 3 ATTEST: Kare cQueen Brazos County,Clerk 13Ap1 4—'r-77 Wanda Watso County Comm sioner, Precinct 4 2021 Net Patient Revenue of Hospitals - Brazos County Annual and Quarterly Assessment Payments For Fiscal Year 2024 Facility System County Net Patient Revenue Recommended Rate Annual Assessment Qtrly Payments Baylor Scott & White Medical Center - College Station BSWH BRAZOS $ 254,857,622 6.00% $ 15,291,457.00 $ 3,822,864.25 CHI St Joseph Health - College Station Medical Center CHI BRAZOS $ 54,664,989 6.00% $ 3,279,899.00 $ 819,974.75 St, Joseph Regional Health Center CHI BRAZOS $ 295,172,614 6.00% $ 17,710,357.00 $ 4,427,589.25 CHI St Joseph Rehab Hospital, A Partnership with Healthsouth Encompass BRAZOS $ 27,286,849 6.00% $ 1,637,211.00 $ 409,302.75 The Physicians Centre Hospital Surgery Partners BRAZOS $ 20,965,904 6.00% $ 1,257,954.00 $ 314,488.50 Caprock Hospital Caprock BRAZOS $ 8,124,900 6,00% $ 487,494.00 $ 121,873.50 $ 661,072,878 39,664,372.00 9,916,093.00� Signature of Approval: Agenda Date: 9/12/2023 Date: C1 I l a r a's INTERLOCAL COOPERATIVE AGREEMENT PROVIDING FOR THE HOUSING OF PRISONERS FROM THE CITY OF BRYAN, TEXAS IN THE BRAZOS COUNTY JAIL THE STATE OF TEXAS § COUNTY OF BRAZOS § THIS INTERLOCAL AGREEMENT (Agreement) is between the City of Bryan, a Texas Home Rule Municipal Corporation (City) and the County of Brazos (County), a political subdivision of the State of Texas is made pursuant to the provisions of the Interlocal Cooperation Act, V.T.C.A., Government Code, Chapter 791 which authorizes all local governments to contract with each other to provide a governmental function or service that each party to the contract is authorized to perform individually and in which the contracting parties are mutually interested; WHEREAS, it has been found and determined by the County of Brazos, Texas Commissioners' Court, and by the Bryan City Council that utilizing only one jail facility to serve City law enforcement and the County shall result in increased efficiency and economy to County and City citizens; WHEREAS, the County Jail and its attendant facilities are adequate to serve all law enforcement agencies of the entire County; and WHEREAS, the County and the City desire to enter into an agreement by which the County will house in its County Jail, and offer care for, City Prisoners of according to the terms and conditions as set forth herein; NOW, THEREFORE, for and in consideration of the mutual covenants, agreements, and benefits to the parties herein named, it is agreed as follows: I. PURPOSE 1.01 The Agreement's purpose is to provide a method whereby City Prisoners are transported directly to the County Jail for confinement coordinate booking and dentition and for the expenses for feeding care, housing and upkeep of City Prisoners. II. TERM AND TERMINATION 2A1 Term. This Agreement commences on the Effective Date. The initial Agreement term is for one (1) year. After the initial term the Agreement will automatically renew for successive one (1) year terms, unless either party terminates. 2.02 Termination. The County may terminate this Agreement by giving the City at least ninety (90) days advanced written notice to the City Manager and Chief of Police. The City may terminate this Agreement by giving the County ninety (90) days advanced written notice to the County Judge. Such notice of termination notices must be sent by certified mail return receipt requested. Brazos County Class C Prisoner ILA Contract No Page 1 of 8 III. DEFINITIONS 301 City Prisoner means (a) a person arrested by a law enforcement officer either with or without a warrant for a Class C Misdemeanor filed in the City Municipal Court or any other person held solely at the request of City law enforcement and held in the County Jail before the issuance of a jail commitment order by a magistrate, or (b) a person arrested solely for violating of a City Ordinance or held on City convictions. 3M County Jail means The Brazos County Detention Center operated by the Sheriff located at 1835 Sandy Point Road, Bryan, Texas 77807. 3►03 Prisoner Day means the day of admission and any subsequent day beginning at 12:00 midnight when the prisoner is incarcerated longer than four (4) hours. 304 State Prisoner means a person arrested by a law enforcement officer either with or without a warrant for a Class A or B Misdemeanor or any Felony offense violating a state statute andheld in the County jail after the issuance of a jail commitment order by amagistrate. IV. PROVISION OF JAIL SPACE 4.01 The County agrees to accept the custody of any City Prisoner delivered at the County Jail by the City provided the prisoner does not require immediate medical attention before booking. 4.02 The County accepts City Prisoners who have an injury or illness after the City has obtained initial medical treatment for such prisoners, a fit for incarceration from a doctor or when a prisoner has refused medical treatment from a doctor, unless incarnation poses a significant health risk to the City Prisoner or others. The arresting officer before booking shall, furnish the Sheriff with reports showing any medical treatment, or that treatment was offered and refused by the City Prisoner. Further medical attention provisions are in Section VIII herein. 4.03 If applicable, the County agrees to give preference and priority accepting the City Prisoners pursuant to the County's agreements with various other political subdivisions of the State regarding housing their inmates. V. LIABILITY FOR EXPENSES 5.01 The County is liable for all expenses incurred while providing the safekeeping of prisoners confined in the County Jail pursuant to this Agreement and their personal effects, except as otherwise provided in the Agreement. Brazos County Class C Prisoner ILA Contract No Page 2 of 8 VI. PRISONER BOOKING AND DOCUMENT MAINTENANCE 601 The City will follow all existing County Jail booking policies and procedures and any changes by the County Sheriff after providing the City written notice of the changes. 60Z The Sheriff will photograph and fingerprint City Prisoners as is consistent with other County Jail inmates. City Prisoners' photographs and fingerprints must be maintained consistent with other County Jail prisoners. Copies of fingerprints and photographs are available to the City upon request and as available. 603 The City assumes responsibility for updating City Prisoner records through the Texas Department of Public Safety Crime Records Service and Federal Bureau of Investigation as is consistent with State and Federal policies. The County ensures appropriate reporting to State and Federal entities for State prisoners introduced by the City, with copies of "rap" sheets requested on behalf of the City. 604 The Sheriff will supply an electronic copy of an arraignment list to the City Municipal Court, Marshals and Police Department reflecting City Prisoners remaining in custody and in need of arraignment on each day by 8:00 a.m. *to allow for arraignment scheduling before the City Municipal Court Judge. 605 The City shall comply with all applicable laws under this Agreement, including timely bond determinations for City Prisoners. The City and County agree that the City's Presiding Municipal Court Judge and Associate Judges shall perform magistration duties for City Prisoners and shall set necessary bonds. The City agrees to magistrate City Prisoners within twenty-four (24) hours of a warrantless arrest. In addition, the City agrees to magistrate City Prisoners within forty-eight (48) hours of an arrest on a warrant. The Parties further agree that in the absence of timely magistration, the County shall release the prisoner on a cash or personal bond in accordance with, and in an amount set by, the then current standing orders issued by the City's Presiding Municipal Court Judge. VII. BONDS AND FINES COLLECTION 7.01 The County is not responsible for accepting bonds and payment of fines relating to offenses filed in City's Municipal Court. VIII. MEDICAL ATTENTION &01 If it is obvious that immediate medical or mental health attention is needed by any City Prisoner at the time of arrest, or while still in the custody of the arresting officer, the City is solely responsible for attempting to obtain satisfactory medical attention for such City Prisoner before delivering to the County Jail. Brazos County Class C Prisoner'ILA Contract No Page 3 of 8 8M The Sheriff offers all City Prisoners booked into the County Jail the same level of medical treatment received by -State Prisoners for routine medical treatment in the County Jail at no additional cost to the City. The City will be advised of any medical problem(s) that a City Prisoner may develop. If a City Prisoner develops a major medical problem, which requires immediate hospitalization or emergency room services, the County Jail physician will stabilize the patient affected to the extent it is practical to do what is necessary for stabilization before transfer to an appropriate medical facility, and the City will be notified. However, if the apparent condition of the patient -prisoner is such that it appears to the health care provider in the County Jail Infirmary to be an emergency and delay could be harmful or possibly life -threatening, immediate hospitalization will be deemed necessary and the transfer to an appropriate medical facility will be immediate.'The City will be notified as soon as practical under these circumstances; however, the City's consent for such transfer under these circumstances will be unnecessary and the City will be responsible for the medical services costs incurred by a City prisoner under such circumstances. 8M If any major medical problem of a City Prisoner as described in §8.02 is determined to have been caused by the act, omission, or negligence of the County of Brazos, its employees, or its agents, then the County of Brazos is solely responsible for paying any and all medical expenses related to such injury and release the City from any claims related to or arising out of the incident. 8.01 If a City Prisoner requires medical or mental health treatment services not provided by the County Jail or hospitalization for longer than three (3) hours, the City shall provide, at its expense, sufficient and appropriate personnel for prisoner supervision. The City shall provide the Sheriff contact information for the on -shift supervisor and an alternate contact. The contact person must be available 24 hours a day to notify the City of the need for medical or mental health treatment services. The City may authorize the release of the City prisoner in lieu of providing security. IX. RELEASE OF PRISONERS 9.01 City Prisoners are not to be released before serving their fines, including any credits allowed by law without the permission of the City Municipal Court Judge. X. COSTS IN1 The City agrees to pay the sum of SIXTY DOLLARS AND NO CENTS ($50.00) per prisoner day for each City Prisoner in consideration of which the Sheriff will operate and maintain a County Jail and assuming responsibility for the City Prisoners' incarceration consistent with applicable statutes of the State of Texas and the laws of the United States of America for detention. The Sheriff will send the City a detailed invoice for the previous month. The City will pay any undisputed invoices no later than thirty (30) days after receiving the invoices. 100Z The City will be billed for each prisoner day from admission until arraignment by a magistrate for State law municipal charges. City ordinance violations shall be billed per Prisoner Day until released by the City Municipal Court Judge. 10M Such costs may be audited by the County each August and may be readjusted by either an increase or decrease each year beginning on October 1st, based on the previous year's historical Brazos County Class C Prisoner ILA Contract No Page 4 of 8 data on the actual cost of holding prisoners. In any Agreement term the County may not increase the Agreement costs by ten percent (10%) per year. XI. INSPECTION OF BOOKS AND RECORDS 11.01 The County of Brazos will maintain complete books and records of all City Prisoners. Books and records may be inspected at any time during regular business hours. 1LO2 On or before the one -hundred -twentieth (120th) day after the end of the County of Brazos' fiscal year, the County of Brazos will supply, upon written request, the City an annual statement of all applicable bookings received at the Brazos County Jail on behalf of the City of Bryan during the preceding fiscal year. Such annual statements shall be prepared in such detail and on such forms as are determined to be mutually satisfactory to the County of Brazos and the City. The City by written notice to the Brazos County Auditor's Office, may request other financial or statistical reports from the County of Brazos from time to time. IM The County will keep available for a period of three (3) fiscal years after each year of operations, the County accounting records for such year and other pertinent information required by the provisions of this Agreement. Such records of account shall be accessible during usual business hours to the City or its duly authorized agents or auditors for the purpose of verifying the information set forth in any annual statement, as described herein, or for the purpose of verifying compliance by the County with the terms of this Agreement. 104 Upon written notice at any time within three (3) years after the end of any fiscal year of operations, the City of may cause, without cost to the County, an inspection and audit to"be made of the records of the County of Brazos relating to the operations on the City's behalf. Such audit will be made to determine the correctness of the computation of payments made in the annual statement for the preceding year. If, as a result of such inspection and audit, it is established that refunds are due the City, the County shall, upon written notice by the City, pay such refunds within thirty (30) days of such notice and the City will do the same if the computation is reverse. XII. GENERAL TERMS 1201 Interlocal Cooperation Act, Each Party to this Agreement is a local government as defined in the Interlocal Cooperation Act. Nothing in this Agreement will be construed as a waiver or relinquishment by either Party of its right to claim such exemptions, privileges, and immunities as may be provided by the Constitution and the Laws of the State of Texas. No separate legal entity is created by this Agreement. 1102 Amendment. The terms and conditions of this Agreement may be amended upon mutual consent of all Parties. Mutual consent will be demonstrated by approval of each governing body of each Party hereto. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing, duly approved and signed by the authorized representatives of both Parties. Brazos County Class C Prisoner ILA Contract No Page 5 of 8 M Hold Harmless. To the extent permitted by the Constitution and the laws of the State of Texas and subject to the limitations as to liability and damages in the Texas Tort Claims Act and without waiving its governmental immunity, each party agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused or asserted to have been caused directly or indirectly by any other party to this Agreement or any of its officers, agents or employees, or as the result of its performance under this Agreement. 1206 City Liability. The City shall be responsible for all suits, claims, damages, losses, or expenses, including reasonable attorney's fees, arising out of the City's performance or non- performance of the services and duties herein stated, but only in regard to transfer of prisoners by and duties herein assigned to the City and specifically excluding the actual incarceration of any prisoners by the County of Brazos. The City of Bryan retains full responsibility for each prisoner until that prisoner has been processed into the Brazos County Jail. 1?d16 County Liability. The County shall be responsible for all suits, claims, damages, losses and expenses, including reasonable attorney's fees, arising out of the County's performance or non-performance of the services and duties herein stated, buy only in regard to the actual holding and incarceration of prisoners by the County in the County Jail and specifically excluding the transfer of prisoners to and from the County Jail. W Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all prior agreements, arrangements, or understandings between the Parties relating to the subject matter of this Agreement. No oral understandings, statements, promises, or inducements contrary to the terms of this agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any Party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. M Venue and Choice of Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. Performance and all matters related thereto shall be in Brazos County, Texas, United States of America and venue shall be in any court having jurisdiction in Brazos County. 1209 Authority to Contract. Each Party has the full power and authority to enter into and perform this Agreement and the person signing this agreement on behalf of each Party has been properly authorized and empowered to enter into this Agreement. The persons executing this agreement hereby represent that they have 'authorization to sign on behalf of their respective governmental bodies 1210 Compliance with the Prison Rape Elimination Act. The Brazos County Jail as an operation of the Brazos County Office of Sheriff will comply with the Prison Rape Elimination Act (PREA). The Brazos County Jail has a Zero Tolerance Policy regarding sexual abuse and sexual harassment. The Detention Center will conduct a background investigation on all employees, volunteers, students, or other contractors that may have contact with inmates. Background checks will be conducted at least every five (5) years. The Sheriff shall ensure that all volunteers and contractors who have contact with inmates have been trained on their Brazos County Class C Prisoner ILA Contract No Page 6 of 8 responsibilities under the agency's sexual abuse and sexual harassment prevention, detection, and response policies and procedures. Any contractor or volunteer who engages in sexual abuse is prohibited from contact with inmates and shall be reported to law enforcement agencies and to relevant licensing bodies, unless the activity was clearly not criminal. The Sheriff will take appropriate remedial measures and prohibit further contact with inmates in the case of violation of sexual abuse or sexual harassment policies. The City has an affirmative duty to disclose any misconduct in violation of the sexual abuse and sexual harassment policy. Material omissions regarding such misconduct, or the provision of materially false information, are grounds for termination of this agreement W1 Waiver. Failure of any Party, at any time, to enforce the provision of this Agreement, shall in no way constitute a waiver of that provision, nor in any way affect the validity of this agreement, any part hereof, or the right of either Party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party claimed to have waived. Furthermore, any consent to or waiver -of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach M2 Savings Clause. If one or more provisions or terms contained in this Agreement shall, for any reason, be held invalid, illegal, or otherwise unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision or term hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision or term had never been contained herein. M3 Notice. Any official notices by one Party to another must be in writing sent by certified mail return receipt requested, properly addressed to the respective Parties- as stated below. Any other day to day communication by the Parties' staff may be by any other means of sufficient communication. CITY OF BRYAN, TEXAS: City Manager P.O. Box 1000 Bryan, Texas 77805 Chief of Police P.O. Box 1000 Bryan, Texas 77805 BRAZOS COUNTY, TEXAS: County Judge 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 1M4 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes 12.15 Effective Date. This Agreement is effective on October 1, 2023. Brazos County Class C Prisoner ILA Contract No Page 7 of 8 CITY OF B N BRAZOS COUNT Bob b utir Duarte Peters, County Judg e Date:�Date' 'q1 ial as ATTEST: Mary Lynn Stratta, City Secretary Date: J21 a �-- o) 3 NJ APPROVED AS TO FORM: Thomas Leeper, tto6ey Date: % z'L�, sa 23 Brazos County Class C Prisoner ILA Contract No ATTEST: are McQueen, County C rk Brice Erratt, Civil Counsel Date: q i Eat 02 3 Page 8 of 8 SAVNS MAINTENANCE GRANT CONTRACT OAG Contract No. C-oloos This grant contract ("Grant Contract") is executed between the Office of the Attorney General (OAG) and Brazos County (GRANTEE) for certain grant funds. The OAG and GRANTEE may be referred to in this Grant Contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The purpose of the OAG Statewide Automated Victim Notification Service (SAVNS) grant program is to assist Texas counties and other entities in maintaining a statewide system that will provide relevant offender release information, notification of relevant court settings or events to crime victims and other interested individuals, promote public safety, and support the rights of victims of crime. To ensure a standard statewide service to a variety of political subdivisions of the State of Texas, including counties, county Sheriffs, clerks and attorneys, district attorneys, and courts ("Participating Entities"), including GRANTEE, the OAG makes grant funds available for eligible expenses related to SAVNS services delivered to GRANTEE by the vendor certified by the OAG. The OAG published a Request for Offer (RFO) for Statewide Automated Victim Services May 11, 2019. After an evaluation of offers, the OAG identified, certified, and entered into a contract with a single vendor to provide statewide automated victim notification services ("SAVNS Services"). The initial term of the OAG Vendor Certification and Service Agreement ("OAG Certification Agreement") is/was from September 1, 2019, to August 31, 2020 ("Initial Term"). On August 28, 2023, OAG exercised its right to renew the OAG Certification Agreement with the renewal term to begin on September 1, 2023, and end on August 31, 2024 ("Fourth Renewal Term"). The vendor certified to provide the services is Appriss Insights, LLC, ("Certified Vendor"), a Kentucky corporation authorized to do business in Texas. SECTION 2. TERM OF THE CONTRACT This Grant Contract shall begin on September 1, 2023, and shall terminate August 31, 2024, unless it is terminated earlier in accordance with another provision of this Grant Contract. SECTION 3. GRANTEE'S CONTRACTUAL SERVICES 3.1. Grantee Participating Entity Service Contract. GRANTEE shall execute a service agreement with the Certified Vendor to provide services consistent with, and subject to the limitations contained in, the OAG Certification Agreement and documents incorporated therein. SAVNS Contract - FY 2024 Pagel of 23 Specifically, the Participating Entity Service Contract attached hereto as Exhibit B shall be used by GRANTEE in entering into a contractual relationship with the Certified Vendor. All grant funds provided under this Grant Contract shall be conditioned on the GRANTEE's use of the exemplar Participating Entity Service Contract, as attached hereto, and in addition to any requisite amendment, renewal, or extensions made or otherwise exercised by GRANTEE pursuant to Section 1 therein. GRANTEE further acknowledges and agrees that no changes or modifications may be made to the Participating Entity Service Contract or to any executed Participating Entity Service Contract between GRANTEE and the Certified Vendor, except as specifically authorized within this Grant Contract in Section 3.1.1 below, as otherwise separately authorized by the OAG in writing, or to accomplish an amendment, renewal, or extension made or otherwise exercised by GRANTEE pursuant to Section 1 therein. Notwithstanding the foregoing, GRANTEE is encouraged to negotiate and include additional terms and conditions individually tailored to meet the GRANTEE's unique needs related to the SAVNS program, only to the extent any such additional terms and conditions do not limit or otherwise conflict with the exemplar Participating Entity Service Contract as attached hereto as Exhibit B. 3.1.1 Authorized Modifications to the Participating Entity Service Agreement. GRANTEE is hereby authorized, without additional approval of the OAG, to include additional terms, conditions, or requirements related to the following sections of the Participating Entity Service Agreement as attached hereto as Exhibit B: a. Section 6 Additional Services: GRANTEE may require, negotiate, and include additional terms or conditions relating to the mutual agreement, provision, and payment for Additional Services that do not otherwise modify, impact, or limit the services required under the exemplar Participating Entity Service Agreement; b. Section 7.1 Performance Reports: GRANTEE may require reports relating to the performance standards and requirements of the SAVNS system under the exemplar Participating Entity Service Agreement; C. Section 7.2 Performance Remedies: GRANTEE may require additional terms or conditions relating to the calculation and withholding mechanism for Certified Vendor's failure to meet its performance requirements the exemplar Participating Entity Service Agreement; d. Sections 9.2(a) and 9.2(b)(iii) Standard of Care: GRANTEE may require Certified Vendor to comply with its own internal security standards, in addition to any security standards included in the exemplar Participating Entity Service Agreement, and incorporate such standards into the Participating Entity Service Agreement by reference; e. Sections 9.3(b), 9.3(c). and 9.3(d) Information Security: GRANTEE may require Certified Vendor to comply with its own internal security standards, in addition to any security standards included in the exemplar Participating Entity Service Agreement, and incorporate such standards into the Participating Entity Service Agreement by reference; f. Section 9.4(b)(iv) Security Breach Procedures: GRANTEE may require SAVNS Contract - FY 2024 Page 2 of 23 Certified Vendor to comply with its own internal security standards, in addition to any security standards included in the exemplar Participating Entity Service Agreement, and incorporate such standards into the Participating Entity Service Agreement by reference; g. Section 9.5 Oversight of Security Compliance: GRANTEE may require Certified Vendor to comply with its own internal security standards, in addition to any security standards included in the exemplar Participating Entity Service Agreement, and incorporate such standards into the Participating Entity Service Agreement by reference; h. Section 10.4 Exclusions: GRANTEE may require Certified Vendor to comply with its own internal security standards, in addition to any security standards included in the exemplar Participating Entity Service Agreement, and incorporate such standards into the Participating Entity Service Agreement by reference; i. Section 12.1 Limitation of Liability: The Certified Vendor may request a limitation of liability to be included. It is incumbent on the GRANTEE to determine if the proposed limitation is sufficient, permissible under applicable state and local law, and whether or not to include and incorporate such limitation into the Participating Entity Service Agreement; j. Section 12.2 Indemnification: GRANTEE may require, negotiate, and include additional or alternative indemnification provisions, to the extent such provisions are permissible under applicable state and local law, either in addition to or in lieu of those included within the Participating Entity Service Agreement; and k. Section 14.5 Dispute Resolution: GRANTEE may require specific dispute resolution provisions compliant with its local laws, regulations, and other policies applicable to the GRANTEE. 3.1.2 Executed Copy of Financial Participating Entity Service Contract Required. GRANTEE is hereby placed on immediate financial hold, consistent with Section 9.2 of this Grant Contract, and will remain on financial hold until OAG receives an executed copy of the Participating Service Contract along with any requisite amendment, renewal, or extensions made or otherwise exercised by GRANTEE pursuant to Section 1 therein in accordance with and as required by this section. To the extent the executed Participating Entity Service Contract includes any additional terms or conditions that limit or otherwise conflict with the exemplar Participating Entity Service Contract as attached here as Exhibit B, the GRANTEE will continue to remain on financial hold until GRANTEE provides OAG an executed Participating Service Contract in accordance with and as required by this section and consistent with the exemplar Participating Entity Service Contract as attached here as Exhibit B. 3.2 Grantee Maintenance Plan. GRANTEE agrees to establish and follow a "Maintenance Plan." The Maintenance Plan, at a minimum, will be designed to accomplish the following: make SAVNS Contract - FY 2024 Page 3 of 23 available offender information that is timely, accurate, and relevant to support the SAVNS Services; verify the Certified Vendor's performance according to the Participating Entity Service Contract; satisfactorily discharge GRANTEE's obligations as described in the Participating Entity Service Contract; and identify and dedicate GRANTEE staff, resources, and equipment necessary to maintain the SAVNS services in the Participating Entity Service Contract. 3.3 GRANTEE Service Levels. In addition to other service levels that the GRANTEE may impose, GRANTEE will inspect, monitor, and verify the performances required of the Certified Vendor as provided in the Participating Entity Service Contract as well as this Grant Contract. GRANTEE will execute a Participating Entity Service Contract with the Certified Vendor for the term of this Grant Contract. GRANTEE will verify that input data (the jail and court data elements used by the SAVNS system) is entered accurately and on a timely basis. GRANTEE will allow on -site monitoring visits to be conducted by OAG or its authorized representative. 3.4 Cooperation with Statewide Stakeholders. GRANTEE will reasonably cooperate with and participate in Statewide Stakeholder meetings and efforts to monitor and improve the SAVNS services on a statewide basis. GRANTEE may reasonably agree to designate third -parties to assist the OAG, GRANTEE, and the other Statewide Stakeholders in the overall monitoring, inspection, and verification of the Certified Vendor's performances. 3.5 Scope of Services. For the purpose of this Grant Contract, the requirements, duties, and obligations contained in Section 3 of this Grant Contract are collectively referred to as the "Scope of Services." As a condition of reimbursement, GRANTEE agrees to faithfully, timely, and in a good and workman -like manner implement and maintain the -services in compliance with the Scope of Services. GRANTEE shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of its SAVNS program. 3.6 Special Conditions. The OAG may, at its sole discretion, impose additional requirements not specifically provided for in this Grant Contract based on a need for information, ("Special Conditions") on GRANTEE, without notice and without amending this Grant Contract. The OAG, at its sole discretion, may supplement, amend, or adjust the Special Conditions of this Grant Contract. The imposition of any Special Conditions places GRANTEE on immediate financial hold, consistent with section 9.2, without further notice, until all Special Conditions are satisfied. SECTION 4. GRANTEE'S OBLIGATIONS AND REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG all applicable reports and forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless SAVNS Contract - FY 2024 Page 4 of23 filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit written notice to the OAG of any change in the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. Such notice shall be provided, when possible, in advance of such change, but in no event later than ten (10) business days after the effective date of such change. A change in GRANTEE's name requires an amendment to the Grant Contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with an original signature of someone with actual authority to act on behalf of GRANTEE. To change the grant contact, GRANTEE must submit a written request on GRANTEE's letterhead signed by an Authorized Official. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and programmatic management of the organization including financial and programmatic policies and procedures to ensure the integrity of the fiscal and programmatic management of the organization. Such fiscal and programmatic management shall include but is not limited to the following: accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and other applicable requirements; and correction of fiscal and program deficiencies identified through self -evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this Grant Contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems. The systems must include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements, including statements of financial position, activities, and cash flows, prepared on an accrual basis in accordance with Generally Accepted Accounting Principles or other recognized accounting principle. 4.1.5 Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal or state law, SAVNS Contract - FY 2024 Page 5 of 23 rules or regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.1.6 Public Information Act. Information, documentation, and other material in connection with this Grant Contract or the underlying grant may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act"). In accordance with Section 2252.907 of the Texas Government Code, GRANTEE is required to make any information created or exchanged with OAG, the State of Texas, or any state agency pursuant to the Grant Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to OAG, the State of Texas, or any state agency. 4.2 Programmatic Reports 4.2.1 Service Reports. GRANTEE shall submit service delivery reports, programmatic performance reports and other reports to the extent requested by OAG, in a format and on a timely basis, as established by the OAG. GRANTEE will submit other reports as requested by the OAG. 4.2.2 Written Explanation of Variance. GRANTEE shall provide a written explanation to the OAG on a quarterly basis to the extent that the performance of the SAVNS system, the Certified Vendor, or the GRANTEE varies from the projected performance thereof as provided in the Maintenance Plan required by Section 3.2 hereunder. In addition to the written explanation, GRANTEE shall promptly answer any questions from the OAG, whether in writing or otherwise, in connection with the quarterly and annual reports presented to the OAG. 4.2.3 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self -evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis and make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.2.4 "Problem Log." GRANTEE shall establish a "Problem Log" that records all problems noted with the SAVNS system, including, but not limited to, system down time, system outages, and equipment failure. The Problem Log will provide when the problem was identified, to whom the problem was referred, steps taken to resolve the problem, and when the problem was resolved. GRANTEE shall provide OAG with any and all Problem Logs at OAG's request. 4.3 Financial Matters 4.3.1 Annual Budgets. With regard to the use of funds pursuant to this Grant Contract, SAVNS Contract - FY 2024 Page 6 of 23 GRANTEE will immediately review the budget for the fiscal year and the allowable expenditures, as shown on Exhibit A. 4.3.2 Quarterly Requests for Reimbursement. OAG grant funds will be paid on a cost - reimbursement basis no more frequently than quarterly pursuant to the process below. The OAG shall only reimburse actual and allowable allocable costs incurred and paid by GRANTEE during the term of this Grant Contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination or expiration of this Grant Contract. Any payments made by the OAG shall not exceed the actual and allowable allocable costs of GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this Grant Contract. GRANTEE will submit to the OAG requests for reimbursement for the actual and allowable allocable costs incurred by GRANTEE to obtain services from the Certified Vendor for services within the "scope of services" of this Grant Contract. GRANTEE is responsible for submitting its invoices to the OAG in an accurate and timely manner. The requests for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. a. GRANTEE shall submit a request for reimbursement to the OAG for the prior quarter by the fifth (5th) of the next month following the end of each quarter. The four quarters for each fiscal year covered by the term of this Grant Contract end respectively on November 30, February 28, May 31, and August 31. b. GRANTEE shall include a verification with its request for reimbursement stating that the GRANTEE received the services from the Certified Vendor during the preceding quarter and incurred the actual and allowable allocable costs for which GRANTEE seeks reimbursement. C. If GRANTEE does not submit the required request for reimbursement and verification to the OAG within twenty (20) days of the next month following the end of any quarter, the OAG will determine what steps will be taken next, including placing the Grant Contract on financial hold or terminating the Grant Contract. -If an OAG Grant Contract is placed on financial hold or terminated, the GRANTEE remains responsible for any contractual obligation it has with Certified Vendor. The OAG will not be responsible for collection efforts on behalf of the Certified Vendor. 4.3.3 Limited Pre -Reimbursement Funding to GRANTEE. Notwithstanding Section 4.3.2 above, the OAG, may, at its sole discretion, provide limited pre -reimbursement funding for reimbursable expenses to GRANTEE. This limited funding is not preferred and may be allowed upon submission of the following written documentation supporting the request: a. A fully executed Participating Entity Services Agreement with the Certified Vendor for the time period covered by this Grant Contract; b. An invoice from the Certified Vendor which includes the dates covered under this Grant Contract; C. A completed OAG form "Verification of Continuing Production Record" which shall be provided by the OAG upon request; d. An invoice to the OAG that complies with the requirements of the OAG; and SAVNS Contract - FY 2024 Page 7 of 23 e. A written justification, signed by the Authorized Official or the Authorized Official's designee, explaining the need for pre -reimbursement funding. 4.3.4 Fiscal Year End Required Reports. GRANTEE shall submit fiscal year-end required reports that shall be received by the OAG on or before September 20 of each year covered by the term of this Grant Contract. The year-end reports shall include the following: a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year. b. Equipment Inventory Report. To the extent the purchase of equipment is authorized under this grant and GRANTEE purchases equipment is purchased with grant funds. GRANTEE will submit an Equipment Inventory Report which provides a record of the current inventory of items purchased, disposed of, replaced or transferred for any equipment that was purchased with grant funds. 4.3.5 Annual Independent Financial Audit Report. GRANTEES that are required to undergo a Single Audit o must complete and submit the Single Audit of the complete program and/or organization and management letter of the audit findings within nine months of the end of the fiscal year of the agency. The audit will meet Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2 CFR 200 and Texas Grant Management Standards (TxGMS) requirements. GRANTEES whose expenditures require the completion of a Single Audit, must submit a Single Audit to the OAG, an Annual Independent Financial Audit will not satisfy the audit requirement. GRANTEES that are required to undergo an Annual Independent Financial Audit by statute, regulation, or organizational policy must submit the Annual Financial Audit of the complete program and/or organization and management letter of the audit findings if requested by the OAG. GRANTEES who do not meet the expenditure threshold of the Single Audit and are not required by statute, regulation, or organizational policy to complete an Annual Audit, are not required to submit an Annual Audit to the OAG. 4.3.6 Close Out Invoice GRANTEE shall submit a final invoice not later than twenty (20) days after the earlier of (1) the termination of this Grant Contract; or (2) the end of each state fiscal year covered by the term of this Grant Contract. 4.3.7 Refunds and Deductions. If the OAG determines that an overpayment of grant funds under this Grant Contract has occurred, such as payments made inadvertently, pre -reimbursement payments that were not expended, or payments made but later determined not to be actual and allowable allocable costs, the OAG may seek a refiuid from GRANTEE and/or the Certified Vendor. The OAG, in its sole discretion, may offset and deduct the amount of the overpayment from any amount owed as a reimbursement under this Grant Contract, or may choose to require a payment directly from GRANTEE and/or the Certified Vendor rather than offset and deduct any amount. GRANTEE and/or the Certified Vendor shall promptly refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the SAVNS Contract - FY 2024 Page 8 of 23 OAG unless an alternate payment plan is specified by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this Grant Contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment, which shall be available to the OAG at all times upon request; however, as between the OAG and GRANTEE title for equipment will remain with GRANTEE. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds under this Grant Contract so as to ensure the full availability and usefulness of such equipment. in the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss or destruction of, or damage to, the equipment purchased under this Grant Contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. 4.3.10 Debts and Delinquencies. GRANTEE agrees that any payments due under the Grant Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 4.4 Notification of Change in Jail Management System and/or Court Management System. GRANTEE shall submit written notice to the OAG of any change in the following: Jail Management System and/or Court Management System Vendor, Jail Management System and/or Court Management System software or version of software, or any change in the hardware supporting these systems (router, hard drive, etc.) that may impact the transference of data to the SAVNS Vendor. Such notice for change in management vendors or software shall be provided at least sixty (60) days in advance of such change. Notice of change in hardware supporting the systems must occur as soon as possible after the issue occurred that caused the need for replacement but prior to replacement. SECTION 5. OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this Grant Contract. 5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the attached Exhibit A. Any change to the maximum liability is void unless supported by a written SAVNS Contract - FY 2024 Page 9 of 23 amendment to this Grant Contract executed between OAG and GRANTEE. 5.3 Payment of Authorized Costs. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this Grant Contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un- awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. Notwithstanding the foregoing, should GRANTEE wish to alter the scope of the grant or change the goals of the grant by adding or eliminating goals which were included in the GRANTEE's final "Scope of Services" included in Section 3 above, such alteration or change may only be achieved by a written, duly executed amendment to this Grant Contract. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this Grant Contract. The OAG and GRANTEE agree that any act, action or representation by either party, their agents or employees that purports to increase the maximum liability of the OAG is void, unless a written amendment to this Grant Contract is first executed. GRANTEE agrees that nothing in this Grant Contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this Grant Contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this Grant Contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this Grant Contract. GRANTEE agrees that notwithstanding any other provision of this Grant Contract, if the OAG is not appropriated the funds, or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this Grant Contract. SECTION 6. TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this Grant Contract, without recourse, liability or penalty, upon providing written notice to the other Party thirty (30) calendar days before the effective date of such termination. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions, and provisions of this contract, or if the OAG receives financial reporting which indicates high financial risk, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate all or any part of this contract. SAVNS Contract - FY 2024 Page 10 of 23 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy but will be in addition to any other rights and remedies provided in equity, by law, or under this Grant Contract. Termination of this Grant Contract for any reason or expiration of this Grant Contract shall not release the Parties from any liability or obligation set forth in this Grant Contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this Grant Contract: Sections 4, 5, 7, 11, and 12. 6.4 Refunds to OAG by GRANTEE. If the GRANTEE terminates for convenience under Section 6.1, or if the OAG terminates under Sections 6.1 or 6.2 before the purpose of this Grant Contract is accomplished, then the OAG may require the GRANTEE and/or the Certified Vendor to refund all or some of the grant funds paid under this Grant Contract. Such funds include those funds representing the number of months of SAWS services that were previously invoiced and paid by the OAG under this Grant Contract. 6.5 Notices to Certified Vendor. Any termination of this Grant Contract will also be forwarded by the terminating party to the Certified Vendor. SECTION 7. AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures. and requests for reimbursements related to this Grant Contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government, or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this Grant Contract. 7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven (7) years after the Grant Contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the Grant Contract or documents are resolved. The records include, but may not be limited to, the Grant Contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under the Grant Contract, any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. OAG may, at its discretion, direct GRANTEE to retain documents for a longer period of time or transfer certain grant records to OAG custody when it is determined the records possess longer term retention value. GRANTEE must include the substance of this clause in all subcontracts. SAWS Contract - FY 2024 Page 11 of 23 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursement. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this Grant Contract, compliance with applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving funds directly under this Grant Contract or through a subcontract under this Grant Contract to likewise permit access to, inspection of, and reproduction of all books, records, and other relevant information of the entity, person, or contractor(s) that pertain to this Grant Contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this Grant Contract, shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days' notice of any such examination or audit. 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this Grant Contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office may conduct an auditor investigation of GRANTEE or any other entity or person receiving funds from the State directly under this Grant Contract or indirectly through a subcontract under this Grant Contract. The acceptance of funds by GRANTEE or any other entity or person directly under this Grant Contract or indirectly through a subcontract under this Grant Contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this Grant Contract. GRANTEE also represents and warrants that it will comply with Section 321.022 of the Texas Government Code, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. SAVNS Contract - FY 2024 Page 12 of 23 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities, and office -related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this Grant Contract. SECTION 8. SUBMISSION OF INFORMATION TO THE OAG The OAG will designate the proper methods for the delivery of information to the OAG by GRANTEE. The OAG generally requires submission of information via email. Some reporting requirements must occur via the internet and/or a web -based data collection method. Accordingly, all reports required under this Grant Contract including but not limited to semi-annual statistical reports, annual performance reports, financial status reports, requests for reimbursement, Annual Compiled Financial Statement Report, and any other reports, notices or information must be submitted in the manner directed by the OAG. The manner of delivery may be subject to change during the term of the Grant Contract, in the sole discretion of the OAG. SECTION 9. CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate, and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies in GRANTEE's performance under this Grant Contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase of monitoring visits; require additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this Grant Contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, indicators of financial risk, or reports of conflict of interest or potential/actual fraud, waste, and abuse, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time GRANTEE was placed on financial hold. SAVNS Contract - FY 2024 Page 13 of 23 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this Grant Contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold, and/or sanctions, GRANTEE remains responsible for complying with the Grant Contract terms and conditions. Corrective action plans, financial hold, and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this Grant Contract. SECTION 10. GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, Code of Federal Regulations (CFR) and Other Relevant Authorities. GRANTEE agrees to comply with all applicable federal and state laws, rules and regulations, directives, guidelines, including 2 CFR Part 200, and any other authorities relevant to the performance of GRANTEE under this Grant Contract. In instances where multiple requirements apply to GRANTEE, the more restrictive requirement applies. 10.2 Uniform Grant Management Act, TxGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, executive orders, regulations and policies including Texas Government Code, Chapter 783, and the Texas Grant Management Standards (TxGMS), and any other applicable federal or state grant management standards or requirements. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances, which are incorporated herein by reference, including, but not limited to, the equal employment opportunity program certification, disclosure and certification regarding lobbying, non -procurement debarment certification, drug -free workplace certification, annual single audit certification, compliance with annual independent financial audit filing requirement, compliance with TxGMS and the applicable 2 CFR Part 200, return of grant funds in the event of loss or misuse, and conflict of interest. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. GRANTEE shall follow OAG fiscal management policies and procedures in processing and submitting requests for reimbursement and maintaining financial records related to this Grant Contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE represents and warrants that performance under the Grant Contract or grant will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. GRANTEE has not given, or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future SAVNS Contract - FY 2024 Page 14 of 23 employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this Grant Contract or in connection with this Grant Contract, except as allowed under relevant state or federal law. Further, GRANTEE represents and warrants that in the administration of the grant, it will comply with all conflict of interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change during the course of the Grant Contract or grant, GRANTEE shall promptly notify the OAG. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of a personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without an actual, potential or apparent conflict of interest with respect to its performance under this Grant Contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this Grant Contract. 10.5 Does Not Boycott Israel. To the extent required by Texas Government Code Section 2271.002, GRANTEE represents and warrants, that neither GRANTEE, nor any subcontractor, assignee, or sub -recipient of GRANTEE, currently boycotts Israel, or will boycott Israel during the term of this Grant Contract. GRANTEE agrees to take all necessary steps to ensure this certification remains true for any future subcontractor or assignee. For purposes of this provision, "Boycott Israel" shall have the meaning assigned by Texas Government Code, Sec. 808.001(1). 10.6 Law Enforcement Funding. To the extent applicable, GRANTEE acknowledges that, under article IX, section 4.01 of the General Appropriations Act for the term covered by this Grant Contract, funds may only be expended under this Grant Contract if GRANTEE is in compliance with all rules developed by the Commission on Law Enforcement or if the Commission on Law Enforcement has certified that GRANTEE is in the process of achieving compliance. 10.7 Restriction on Abortion Funding. GRANTEE acknowledges that, under article IX, section 6.24 of the General Appropriations Act for the term covered by this Grant Contract, and except as provided by that Act, funds may not be distributed under this Grant Contract to any individual or entity that: (1) performs an abortion procedure that is not reimbursable under the State's Medicaid program; (2) is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the State's Medicaid program; or (3) is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the State's Medicaid program. SECTION 11. SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor. Under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered a state employee, agent, servant, or partner of, or part of any joint venture or joint enterprise with, SAVNS Contract - FY 2024 Page 15 of 23 the OAG or the State of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, or partner of, or part of any joint venture or joint enterprise with the OAG or the State of Texas. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE's contractors shall be considered to be solely the employees' or agents of GRANTEE or GRANTEE's contractors. GRANTEE or GRANTEE's contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. GRANTEE or contractors are responsible for all types of claims whatsoever due to actions or performance under this Grant Contract, including, but not limited to, the use of automobiles or other transportation by its owners, incorporators, officers, directors, employees, volunteers or any third parties. TO THE EXTENT PERMISSIBLE UNDER THE TEXAS CONSTITUTION AND LAWS PROMULGATED THEREUNDER, GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARNELESS OAG AND THE STATE OF TEXAS, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEYS FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE GRANT CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE GRANT CONTRACT. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OAG WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OAG. OAG AND GRANTEE AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, social media posting, public service announcement, or public service disclosure relating to this Grant Contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. 11.3 Intellectual Property. GRANTEE understands and agrees that GRANTEE may copyright any original books, manuals, films, or other original material and intellectual property developed SAVNS Contract - FY 2024 Page 16 of 23 or produced out of funds obtained under this Grant Contract, subject to the royalty -free, non- exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or, where applicable, the State of Texas, or if federal funds are expended, the United States Government. GRANTEE hereby grants the OAG an unrestricted, royalty -free, non-exclusive, and irrevocable license to use, copy, modify, reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), at no additional cost to the OAG, in any manner the OAG deems appropriate in the exercise of its sole discretion, any component of such intellectual property. GRANTEE shall obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the GRANTEE's obligations to the OAG under this Grant Contract. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the OAG such rights, GRANTEE shall promptly bring such refusal to the attention of the OAG Program Manager for the Grant Contract and not proceed with the agreement in question without further authorization from the OAG. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this Grant Contract is considered program income. Unless otherwise required under the terms of this Grant Contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this Grant Contract term; program income not expended in this Grant Contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this Grant Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Grant Contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting, Assignment, or Delegation Without Prior Written Approval of OAG. GRANTEE may not subcontract, assign any of its rights, or delegate any of its duties under this Grant Contract without the prior written approval of the OAG. OAG shall maintain the complete and sole discretion to approve or deny any request to subcontract, assign any right, or delegate any duty under this Grant Contract, and the OAG may withhold its approval for any reason or no reason. In the event OAG approves subcontracting, assignment, or delegation by GRANTEE, GRANTEE.will ensure that its contracts with others shall require compliance with the provisions of this Grant Contract. GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this Grant Contract and that the OAG shall not SAVNS Contract - FY 2024 Page 17 of 23 be liable in any manner to GRANTEE's subcontractor(s). GRANTEE represents and warrants that it will maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. 11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this Grant Contract that it does not make contributions to campaigns for elective office or endorse candidates. 11.9 No Waiver of Sovereign Immunity. The Parties agree that no provision of this Grant Contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. 11.10 Governing Law; Venue. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute that directly names or otherwise identifies its applicability to the OAG. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above -named courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue of the suit, action or proceeding. 11.11 U.S. Department of Homeland Security's E-Verify System. GRANTEE will ensure that it utilizes the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of any new employee hired after the effective date of this Grant Contract who will be working on any matter covered by this Grant Contract. 11.12 No Use of Grant Money for Lobbying. GRANTEE shall not use any grant funds provided by OAG to GRANTEE to influence the passage or defeat of any legislative measure or election of any candidate for public office. GRANTEE represents and warrants that OAG' S payments to GRANTEE and GRANTEE'S receipt of appropriated or other funds under the contract or grant are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict lobbying expenditures. 11.13 Dispute Resolution Process. The dispute resolution process provided for in Chapter 2009 of the Texas Government Code shall be used to resolve any dispute arising under this Grant Contract including specifically any alleged breach of the Contract by OAG. 11.14 Child Support Obligation Affirmation. GRANTEE represents and warrants that it will include the following clause in the award documents for every subaward and subcontract and will require subrecipients and contractors to certify accordingly: "Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, SAVNS Contract - FY 2024 Page 18 of 23 bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application." 11.15 Excluded Parties. GRANTEE certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control. 11.16 Executive Head of a State Agency Affirmation. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with an executive head of a state agency, GRANTEE certifies that it is not (1) the executive head of the OAG, (2) a person who at any time during the four years before the date of the contract or grant was the executive head of the OAG, (3) a person who employs a current or former executive head of the OAG. 11.17 Political Polling Prohibition. GRANTEE represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. 11.18 Financial Participation Prohibited Affirmation. Under Section 2155.004(b) of the Texas Government Code, GRANTEE certifies that the individual or business entity named in this contract is not ineligible to receive the specified contract or grant funding and acknowledges that the contract may be terminated and all payments withheld if this certification is inaccurate. 11.19 Human Trafficking Prohibition. Under Section 2155.0061 of the Texas Government Code, the GRANTEE certifies that the individual or business entity named in this contract is not ineligible to receive the specified contract or grant funding and acknowledges that this contract may be terminated and all payments withheld if this certification is inaccurate. 11.20 Prior Disaster Relief Contract Violation. Under Sections 2155.006 and 2261.053 of the Texas Government Code, the GRANTEE certifies that the individual or business entity named in this contract is not ineligible to receive the specified contract or grant funding and acknowledges that this contract may be terminated and all payments withheld if this certification is inaccurate. 11.21 Cybersecurity Training Program. All GRANTEES must complete a cybersecurity training. If the GRANTEE is a local unit of government, GRANTEE represents and warrants its compliance with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. If the GRANTEE has access to any state computer system or database, GRANTEE shall complete cybersecurity training and verify completion of the training program to the Agency pursuant to and in accordance with Section 2054.5192 of the SAVNS Contract - FY 2024 Page 19 of 23 Government Code. 11.22 Debarment and Suspension. GRANTEE certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. 11.23 Disclosure Protections for Certain Charitable Organizations, Charitable Trusts, and Private Foundations. GRANTEE represents and warrants that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations. 11.24 Legal Authority. GRANTEE represents that it possesses legal authority to enter into this Grant Contract. A resolution, motion or similar action has been duly adopted or passed as an official act of the GRANTEE'S governing body, authorizing the execution of the Grant Contract, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or the designee of GRANTEE to act in connection with the Grant Contract and to provide such additional information as may be required. 11.25 Limitations on Grants to Units of Local Government. GRANTEE acknowledges and agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a unit of local government unless the terms of the grant or contract require that the funds received under the grant or contract will be expended subject to the limitations and reporting requirements similar to those provided by the following: a. Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; b. Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and c. Sections 2113.012 and 2113.101 of the Texas Government Code 11.26 Open Meetings. If the GRANTEE is a governmental entity, GRANTEE represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special or called meeting of a governmental body to be open to the public, except as otherwise provided by law. 11.27 COVID-19 Documentation. Pursuant to Texas Health and Safety Code, Section 161.0085(c), a business in this state may not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post -transmission recovery on entry to, to gain access to, or to receive service from the business. To the extent applicable, Grantee represents and warrants that it is in compliance with Texas Health and Safety Code, Section 161.0085 and is eligible, pursuant to that section, to receive a grant or otherwise enter into a contract payable with state funds. 11.28 Public Camping Ban. GRANTEE certifies that it has not received a final judicial SAVNS Contract - FY 2024 Page 20 of 23 determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Local Government Code § 364.003. if GRANTEE is currently being sued under the provisions of Local Government Code § 364.003, or is sued under this section at any point during the duration of this grant, GRANTEE must immediately disclose the lawsuit and its current posture to the OAG. 11.29 Disaster Recovery Plan. Upon request of OAG, GRANTEE shall provide the descriptions of its business continuity and disaster recovery plans. 11.30 Discrimination Prohibited. To the extent applicable, in accordance with Section 2105.004 of the Texas Government Code, GRANTEE represents and warrants that it will not use block grant funds in a manner that discriminates on the basis of race, color, national origin, sex, or religion. 11.31 Force Majeure. Neither GRANTEE nor OAG shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Grant Contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non -performing Party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, epidemics or pandemics, or other causes that are beyond the reasonable control of either Party and that by exercise of due foresight such Party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such Party is unable to overcome. SECTION 12. CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this Grant Contract. To the extent the terms and conditions of this Grant Contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this Grant Contract. 12.2 Entire Agreement, including All Exhibits. This Grant Contract, including all exhibits, reflects the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties related to such subject matter. By executing this Grant Contract, GRANTEE agrees to strictly comply with the requirements and obligations of this Grant Contract, including all exhibits. 12.3 Amendment. This Grant Contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this Grant Contract shall be binding upon the Parties and presumed to be supported by adequate consideration. SAVNS Contract - FY 2024 Page 21 of 23 12.4 Partial Invalidity. If any term or provision of this Grant Contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. It is the intent and agreement of the Parties to this Grant Contract that the resulting Grant Contract shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible, by substituting another provision that is valid, legal and enforceable and that achieves the same objective. All other provisions of the Grant Contract will continue in full force and effect. 12.5 Non -waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that Party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Grant Contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this Grant Contract. 12.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing, executing and performing this Grant Contract only in their official capacity. 12.7 Signature Authority. The undersigned Parties represent and warrant that the individuals submitting this document are authorized to sign such documents on behalf of the respective parties. 12.8 False Statements. GRANTEE agrees and acknowledges that if GRANTEE signs the Grant Contract with a false statement or it is subsequently determined that GRANTEE has violated any of the representations, warranties, guarantees, certifications, or affirmations included in the Grant Contract, or any documents submitted in connection with the Grant Contract, then GRANTEE will be in default under the Grant Contract and OAG may terminate or void the Grant Contract. IN WITNESS HEREOF, THE PARTIES HAVE SIGNED AND EXECUTED THIS CONTRACT. OFFICE OF THE ATTORNEY GENERAL Printed Name: Office of the Attorney General SAVNS Contract - FY 2024 Page 22 of 23 Brazos County Printed Name: Duane Peters Authorized Official Population Size: SAVNS MAINTENANCE GRANT CONTRACT Large FW4:I I:3 0II:1 OAG Contract No. C-01008 The total liability of the OAG for any type of liability directly or indirectly arising out of this Grant Contract and in consideration of GRANTEE'S full, satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and for reimbursement by the OAG for expenses, if any, as set forth in this Grant Contract or arising out of any performance herein shall not exceed the following: Annual Cost forNLAINIMUM Annual Cost for Jail Courts REIMBURSABLE COSTS $25,968.88 $4,316.38 $30,285.26 The annual costs listed above will be billed by the Vendor on a quarterly basis pursuant to the terms of Participating entity Service Agreement (Exhibit B). The OAG is not obligated to pay for services prior to the commencement or after the termination of this Grant Contract. SAVNS Contract - FY 2024 Page 23 of 23 EXHIBIT B FOURTH CONTRACT RENEWAL PARTICIPATING ENTITY SERVICES AGREEMENT FOR THE STATEWIDE AUTOMATED VicTim NOTIFICATION SERVICE (SAVNS) Contract No. WHEREAS, the Office of the Attorney General (OAG) is the Texas State agency tasked with certifying a statewide vendor to provide a Statewide Automated Victim Notification Service (SAVNS) to a variety of political subdivisions of the State of Texas, including counties, county Sheriffs, clerks and attorneys, district attorneys, and courts ("Participating Entities"); WHEREAS OAG certified and contracted with Appriss Insights, LLC. ("Vendor") as the statewide vendor to provide SAVNS to each of the Participating Entities ("OAG Certification Agreement"); WHEREAS [NAMED ENTITY] as a Participating Entity and VENDOR e d a Participating Services Agreement identified as Contract No. [INSERT CONTRACT NUMB A:4w VENDOR would provide SAVNS to [NAMED ENTITY] (the "Contract"); WHEREAS SECTION 1 of the Contract permitted the [NAMED ` I in its sole and absolute discretion, renew the Contract, for four (4) additional one (1) year rene rm each a "Renewal Term') to the extent the OAG Certification Agreement, remains in eff WHEREAS the OAG exercised its option to renew t tion Agreement, extending the term thereof to August 31, 2024; NOW, THEREFORE, THIS FOURTH CON T WAL is exercised by [NAMED ENTITY] as follows: Awk.- The Contract terminated on August 3 22 an as rTnewed through August 31, 2023. The Contract is hereby renewed, with this Fourth Contrac ne Te ("Fourth Renewal Term") to begin on September 1, 2023 and end of August 31, 2024. su , o S . ion 1 of the Contract, this Fourth Renewal Term and any subsequent renewals, shall be su ct to f ecifications and terms and conditions of the Contract, the OAG Certification Agreement, an 1, , , ed Documents as defined in Section 2 therein. [NAMED Signature Date Name Title Acknowledged by Appriss Insights, LLC. Signature Date Name Title DoM... cusigff CompletionCertificate Of - Envelope Id: 58691295B46443DABAPF5AEEr-7F3015A Status: Sent Subject: Please DocuSign: FY 2024 SAVNS Grant Contract Template ID: Template ID Usage Tracking: Division Designed Templates: Template ID Usage Tracking - List 2: Division Designed Templates - List 2: Source Envelope: Document Pages: 25 Certificate Pages: 6 AutoNav: Enabled Signatures: 0 Initials: 0 Envelopeld Stamping: Disabled Time Zone: (UTC-06:00) Central Time (US & Canada) Envelope Originator. Lauren Sellers PO Box 12548 Austin, TX 78711-2548 Lauren. Selters@oag.texas.gov IP Address: 204.64.24.2 77 P: Mdkin .. M, Status: Original Holder: Lauren Sellers Location: DocuSign 8/29/2023 11:40:54 AM Lauren.Sellers@oag.texas.gov 77-7�n 0 V 5 la 77 & Ilon g Signer a fe --.L Duane Peters Sent: 8/29/2023 11:41:14 AM dpeters@brazoscountytK.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/5/2023 8:23:37 AM ID: aciedcdl-304b-4b58-b7OO-Ol5e4caed6f8 Grants Administration Division Chief Signing Group: Grants Administration Division Chief Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Crime Victim Services - Director Signing Group: Crime Victim Services - Director Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign GCD Attorneys Signing Group: GCD Attorneys Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Budget Analysts (Non -CS) Signing Group: Budget Analysts (Non -CS) Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Viewed: 9/5/2023 8:23:37 AM Tim Signer ntsi. !g F, Ev,, estamp .:>:: i Not offered via DocuSign Deputy Attorney General for Criminal Justice Signing Group: Deputy Attorney General for Criminal Justice Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered Via DocuSign 0 Signer WWI. Time'911' agent Deltve Events Stattii, mest� t ntot*i$aTy tus -d Delivery Status_ Timp . 7�7 Accounting - DocuSign Contracts ACC—DocuSigrL.Contracts@oag.texas.gov Victoria Ojeda Victoria.Ojeda@oag.texas.gov Christina Cisneros Ch(istina.Cisneros@oag.texas.gov Signing Group: Accounting - DocuSign Contracts Inbox Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign GCD Contracts GCDContracts@oag.lexas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign GAD Contract Box GADContracts@oag.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign ALM riq P - 'dtaty Events - gnait - - - - - - - - - - - - :T imestamp _7 a U EnvelopeSummary,Events Envelope Sent Hashed/Encrypted 8129/2023 11:41:14 AM Payment Events : Status, ,, "JA: 6 njt:'P :a nafu -fiO ne" i ectr1*0 w kicotb' 'Ord-:3in" 641j) ckssu �' , :: :. Electronic Record and Signature Disclosure created on: 4/112018 4:34:18 PM Parties agreed to: Duane Peters CONSUMER DISCLOSURE From time to time, Office of the Attorney General (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the `I agree' button at the bottom of this document. Electronic signature An electronic signature is an electronic identifier, created by a computer, attached to or logically associated with an electronic record, executed or adopted by a person with the intent and with the actual authority to sign the record. 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Brazos County Job Description Last Updated: September 2023 Template Revision 1.2 0811512012 Class Number: B1418 Title: Crime Analyst , Pay Group: 18 Department: Sheriffs Office FLSA Status: Non -Exempt Reports To: Special Investigative Unit Sergeant Approved Date: EEOC Category: Professionals General Summary: Under general supervision, collects, reviews, and analyzes crime reporting information; interprets patterns and trends. Analysts keep a constant watch on calls for service that come Into the emergency dispatch center. As those calls come in they are reviewed for a combination of analytical viability and urgency. Analysts will access multiple commercial and government databases, review and link disparate data elements then rapidly deliver actionable intelligence data to deputies in the field. Performs professional work that Is somewhat challenging and varied in nature within general guidelines. Involves some originality and interpretations; situations outside parameters referred to management for clarification. Essential Duties: The intent of this job description is to provide a representative summary of the major duties and responsibilities performed by incumbents of this job. Incumbents may be requested to perform job -related tasks other than those specifically presented in this description. • Monitors and operates an integrated computer system that combines rive camera feeds, computer -aided dispatch, and the police radio system. • Identify activity or behavior that necessitates a police response, such as criminal activity in progress, crowd monitoring, and traffic accidents/congestion. • Observe in -progress calls for service to provide additional information, direct additional resources as needed, and track evolving situations, Identification of possible suspects, and suspect vehicles. locating fleeing suspects, and relaying information when on -scene personnel are unable to do so. • Perform technology -based Investigative work in real-time to support communications, dispatch of calls for service, and the response to those calls by public safety units; monitor camera systems and license plate readers relating to in -progress situations and communicate with police resources utilizing police radios, phones, and the computer -aided dispatch system. • Review archived camera feeds, license plate data, and other digital evidence to assist officers/investigators in solving crimes. • Collects relevant information and makes timely decisions central to police responses while working in a multifaceted technology -driven environment. • Provide court testimony when necessary. • Answers phone calls to assist with any Information or technical issues and questions. Maintains daily, weekly, or monthly operational reports. • Gathers, analyzes, and interprets data for preparing reports. • Performs other duties as assigned based on current workload and department needs. • Work requires knowledge necessary to understand basic operations, and technical, or oftceprrocesses. Knowledge is normally acquired through two years of college resulting in an associate degree or equivalent. Other Duties as assi ned. Supervision Received: This is a non -supervisory position. ' lad 5 RMA Date ' Given: Education Required: HS diploma plus 6-8 years directly related experience; OR any equivalent combination of education, experience, and training which provides the required knowledge, skills, and abilities to perform the job. Preferred: Bachelor's in Business Administration or appropriate specialized field of study plus 24 years directly related experience; OR Associates plus 4-6 years directly related experience; OR HS diploma plus 6-8 years directly related experience; OR any equivalent combination of education, experience, and training which provides the required knowledge, skills, and abilities to perform the job. Experience Required: Minimum of 2years experience In data collection, interpretation, analysis, and dissemination, as well as knowledge of principles, practices, methodologies, and techniques of crime analysis, crime prevention, law enforcement and police records processing. Preferred: Certificates, Licenses, Re isfrafions Required: Texas Class C driver's license with a good driving record as measured by the County's evaluation system. Preferred: Ph sica! Demands Typical: Physical demands Include but are not limited to: Sitting, talking, hearing, seeing, standing, walking, driving; use of hands and fingers to operate office equipment and machines; and occasionally lifting and/or moving objects up to and including 25 pounds. Knowledge, Skills, & Abilities Typical: • Knowledge of: ➢ Operations, services and activities of a crime analysis program. ➢ Principles of data collection and analysis. ➢ Recent developments, current literature and information related to crime analysis. ➢ Principles, practices, methodologies, and techniques of crime analysis, crime prevention, law enforcement and police records processing. ➢ Methods and techniques used to prepare composite drawings for oral description. ➢ Modern office equipment including computers and applicable software. ➢ Statistical and criminological theory. ➢ Principles and procedures of record keeping. ➢ Principles of business letter writing and basic report preparation. ➢ Pertinent Federal, State and local laws, codes and safety regulations. • Skills in: D Gathering, recording and organizing data. ➢ Critical thinking and problem -solving. ➢ Delivering presentations. D Research and data mining. • Ability to: ➢ Communicate clearly and effectively, both orally and in writing. ➢ Determine trends in criminal and other related activities. ➢ Collect and analyze statistical criminal data. ➢ Determine appropriate visual presentations of statistics or facts. ➢ Organize Information into clear and concise reports. ➢ Prepare facial composite drawings from oral description. ➢ Recognize trends, patterns, series, and offender associations relating to crime in reports. ➢ Perform a variety of research utilizing various data bases. ➢ Interpret and explain County policies and procedures. ➢ Maintain accurate and detailed records. ➢ Operate office equipment including computers and supporting word processing and spreadsheet applications. ➢ Establish and maintain effective working relationships. Work Environment Typical: Work is performed primarily in an office setting or well -lighted and temperature -controlled working environment. Work shall be performed with tools, appliances, and equipment approved by those agencies and bodies that 'have control, authority or approval of the design working ranges or limitations of those items; the employee has the responsibility to conform to those ranges and limitations. Ad, Clea_ivi.ew-ai _ TX. Brasos County .Sher�ff�s -Fice usr o - ,. Customer ' - TX - Bm=., Gouafy.Sherift s Otfice- Addresst _ �Sn Sandy Po*;.O. adBryan;7X7i867(979) 36b4800 " } Atithorized ReseOee 366attwina3autlet -' HI (732) 888-5979 I' -A IIINIST-IRATOR INIF-001"Y OPt TfteAdrrirnisfrbtor is �espanslble for'*Wtorrn>�,_mandglnq arty oYefseefng hte actrgiUes' o/the agency a4d_i(s users. Orily:o. 0 l - Adr?ilnlstrater.ls pemmrlttedpea :t?{Stomer accourrL 4 All NamknSteven White { TItle LteuYenant- E-rtra11; 979 36i 4984 stahite[brazoscouritytic gov UBSC}71RTIt?id T ;1?roduck ::. 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' I' ;P-ROD JCI WFC312MIUM- The fees far the P.roductsan8 Seiiiices outltA@d belatitir shall 4e palil by Use Customer to flte'Auttwrizerl: Reselfer pursuant Co a ' sepnn a agreementbeiviceen ft two if CWsfomet.falls:ta rem[tthe appUcable payme±rit to the Autharized.Resetler; Custanier understands .acknowledgei.-arid-agrees thaf �nslomPrs accessto the Seriiees and'Products'may be suspended unless'arid ..: ugtil psymeinas received=.by5uh'Asrthoilzei7;Resoil' r. . -.. . . -RECURRIN RE ':.:SERVICES .:..............:::.:........_ .4 iA . dh 5KU kTrry pr'appuc le) !CV?ClearAeSearcti-Pro 14. :ONE InME SERVICES QUANTirY (tfapplicakslrj: - - r t i Pl ,liFpl�rrf!nlatioit Serv�eP " f ID5� I�remfirm.l lelp Desk:Support nla N'f�91, tAo%ils Appu4tson.{Artd7sidi- MOB."ir`MoitUst App"6oh (Apple)" .. Onet'EoivtD 532260ti Fage tT BASIC SAFEGUARE . 1 a IN'GOF COVERED CONTRACTOR INFORMATION SYSTEMS .(A) Safeguarding -requirements and procedures.. -(1)The-Contractor shall apply -the following basic safeguarding requirements and procedures -to protett covered c0ritract.qr informatio'n syttbms. 'R6q.ufrt-Meo,ts a:rW: procedures -for basic safeguard`1n'g,.of-covere.d . i contractor informationinformation.systems. shall ift.diude, at a minimum,. the-followl"n g security -controls: - -Urnitiffar-Mation system.'ac'c'e's.s.to.aLithori*2,:ed Users, prtitesses acting on behalf of authorized- users,_ or devices'(includi'rig. other'in. formatio- n- systems)..- (H) Limit information system access to the types of transactions and: functions that authbdzed users are -permitted .to execute. (11111)'VerifTy 'aryd -control/limit connections. to and Use of external information systems. (iv) Control information posted or.. processed. on pubilcly -accessible information systems. CV) 'Identify 1606rMation system m use -es, processes acting on behalf -cif users.,� or devices. (vii) AUthL!,ntfci§te -(or verify) the identities -of those users, processes,- or -dev'ices,:as..a prerequisite -to allo-Wing.access to--d.trgar)izalfional- inforrnati!Dn systems. (vil) Sanftlie.or destroy ,1nf0r'rn- ationi:-.system -media- containing 1700:81,1 'Co . hiract -Ihf6r-M8tlbh Wore disposal --or release -for reuse.. -(vilt) Limit physical access to or . gonizationcll.'InforrhOti.bn,tysterhsI oluipment,.-and the respective- - operating environments to authorized indivfdUals. (ix) Escort visitors and monitor visitor activity-;_ maintain audit logs of physical access.; and control and'manage physical .a.!:des9 --devices. 00 Monitor, -cantrol,and protect organizational .communicaticns (Le, ifformat-iori -transmitted cir.received by o'rgani2atlon6'1 information systO-ms),a.t'th,o.exterhal.-boundaries.and key internaf-boundaries of -the Information systems. (A) --Implement subnetworks for p-ubliicly accessible Syg-ern components that.-grth, physi'cally or logically separated from internal netw-cirks. CAI) Identify, report, and Correct information and information system laws. in -a- timely mariner-. onefibw[05,322606 -'Page.317 -(kJ1,jprotection;.) Provide rom.m alicioLig code. at. appropriate.locations within -o rga.rii zatio n a I :information .s:ystems. ()t1v)UpAate--ma.1iCiou8 code protection 'mechanisms When -new -releases are available. (xv) Pefform periodic scans of the information system and real-time :scans of flies from'. external sources as Riesare clowrilpa�iciqd, opened, or executed. xv!) All Coh`tra,ctor employees work- with Cpunty data will heed to. take CYoer.secUti.t-y,,training ...at ldastyeprl,y,. (2) Data'Breach: Th.o. Cobtractor rhust notify the. County-by-tel`epbone and email not later -than 24 hours after a suspected data breach of the contractor's -network. If Co . unty data Is exposed in the. breach, then the Co.ntractor must: (1). -Coop efat6` with the Cbunty's request to-4h.Velstigate and, resolve the. incident ln:atimely manner. (11.). Promptly implement remedial :measures. (jjj r tzi -1bre'ch., Do.cumi.�nt.respo.d�.iV.t�.l.?i.ctions taken related to the da.. a. including. po . st-Incident-'review and actions taken.to'-reso]V.e the-source;of the bteach.' (iv) Maintain a notification cation cadence with the'County a rntnimurn of every bUsin.ess day.-, -�unt-ffboth parties agree to less toftien communications, (3): Corittait.t6e AgtOefn' t Breaith. If a data breach results; from C e, Contractor's brea.6 of.the,_.Cbnt.r.act o-r:Contr�ctor','.§,n,bg(lo.6ne'. C6ntr8:dtqr mutt... 1.: ee,arany,- costs associated with the investigation and resolution. ofthe. data- breach: 2. NOUN individuals, regu_ldtors'.and,'.all others required by-1dentity1hiA Enforcement and Protection. Act in the Texas Business and;Corn.merce Code Chapter 521 Unauthoriz.ed Use of Idehtffyi.ng Iriformation-. 3. Engage a 'credit rnonitdring service ,or identity protectlomservice ,foi,all County employees' and citlions th6.tha(d P11 expos6d. by the. breath-. :4. Publish a'w:ebs1te:.or toll -free number and call cen,terfor affe-tted 'Indi'v[duals as"N2quired.by. state dr fiederal law. S. Complete all corrective actions as: reasonably Oetermi . h- ed, based on: toot cause. drielloWID-.5322t-66 Paqo'4J7 6..- Send' the County written findings and -remedial measures from the -data breach. (4) Otherrequirementt. This.cla Use does not relieve -the Contractor of:-an'y other specific safegyarding:requi'rements specl,riedby Federa) agencies.a.nd departments relating. to covered cOntra,ttbr,inform8M'On -systems generally -or other Federal safeguarding. requirements -for controlled On-cla.0fled'Iffoerna I tion (CUI) as established b.y. Ex-dcutive-brdier 13556... (B.) Stibcontracts. TheContractorshall.Include the substance:.:'of this- clause,. in'cludiing thispatag!.r.80.0 (c)jh.8ubc . ntrbcts. under" -this contract. - (includingg-subcontracts forthe acquiisitibrn,of commercial items --other than commerclally,ava [able off th&!shelf ltoms), In whjch'thdsubcontractor may :have Federal• contract information -residing in or transiting through its i,hfo r'ma.tion.-s.Vstd m; (C) contractor SaPeguarc(Mg Agreement. The Contractor- shall apply basic ta gp�rd ng requirements and- procedures % fe I ueet to protect t the Contractor inf6rmation systems whenever the information systems store; °process or - tr8hs.mit-6hy irifort..nE.Iti.on.,.Mot..ihtended for public.release- which isp.rovided by or generated. for the.Countyi.:These requIrement's and procedures shall i'nrjude, at 6 minimum, thesecurity- doottpj, reqdir6n.iehts -'YeffectlVe,of Octi6n's'a prudent business. person would employ" which .are outlined Tn'the Fede' ' ral Acquisition Regula'tions FAR 52. 204-21(b) and, codified I.n, theCode of'F6dera*l Regulations at 48 C.F.R. §. 52,204-2-i(b).(.22016). (0)--D&initjo&s. Oefinitibnsare .-found at,https://wwsh.law.cor6L-11.gduItf�Lext/"4?152.204-21. Orieflo%4 ID 53 - 22666 `Page Pag el 517 Part1docints CLtARVIEVI Al, INC. Ulfted States lnfluencef DerN ery. c4annek:ffm.ii; f an6y cho Nate c�wc-mvvenur_ Officer - 6y'. Vto Wmn Influeaker. Kf4stih Ludano Tx - i3RAzos CNTY-United Stati?S -viewer NO Mi.ijt*ripz Chl.6fDoputy stev WhI fe en Lieuteflunt qLg(?v a3. Mazes-tounty Judge.- sdupecwtbrgzascOt Onefldw.101.;322 - 1�06 Pqq617 SHFu f! d States JON-1.0ith UwM Inside G ¥ Main r ma«A _ a6� p�Am� mm y7 �dS3?'t9�'fiLts 1t0�� _ F MOLE X— 1. fig ZEE '�S � .ir S ooZ- a � . quart t� _ "IitQ�t$i�..lb► X� 37.1P3333 QAi`d "I`XHS t3�THM- 30 Ha'3 `3.t"Idf2CIiF a3] f1�'l'iii� ` C 0z - -: _ : - •-. ` : . inn � - - a1Ii.LPUPS � - - - _ YAT.. �IA2i S 'ITN3AGlf. Z tiTOa am $. - OWP`tiarupua[u -slgio uognaaxap suua,.vIcdaaag:gig"5am�eui atrwa�s �o�uo��aaj� �uaumanc auv a�sucs% lays :rat�ia�ol ua et gaiyrsa 3q ��e j�edaa�trnc� m paanaaxa aq �ft3ur tuatxrp a1u 'Ar63A dip 3a ss;san[lgluasasd r . pazuiai;tne saga pau�3I aq o tuaYupuacuy sti> ; pasriea By rnaiar{ saw. artl. `.A® ti FiM- .SS''afI 3.I( : Idi uo�}ua�a�:uot�e pnfp t ao3'wl ��tt p Mau � �� 9'45C$ t�a�iia auto r aq -limp, xaprxo� aai iza� airy .t: % ntolta3 se tWall piiawe oa aelfu o3a caq saiuga a `tra�l��,iiou +Cgaeay a y ! �v �C�aa�at, ns pu>; a�'ayr `rraa#8rapssuat a;qgn� n Pq POP. . r0410 Pus.'sa�iuiaad=anoge t ��r`uorl p�suo�iu `3 0332i H.I, h1flN :.. 6bF-ii# 1PA 314d4pmojjo iits of aaisap sa�pe a%`5�3�J3H11 QS1xOoi ucor eas�urot saau►�ag uout#aiAnfpy d uo;iia�aQ ai�na�ur� �tjuno�:so 9 ayt sod. a� c step ate asaataU ,01 PIJAOJ eo e-p Ai-` b i7�1 Aire atq rang 4 ao dS PapCu606 aj�ua�►ttr Jo uauuaxaa .. a,L �iS nao sasfid and ..o uatuaatS a� #.%d d,;? b�1 £Z#x yuoa �sur9uo u raa �et�Ivo paia�ua sau�e�"ayi:'Sd�2i��Ct - ivaiag paz8ts ssa�un n�Q�aq.pauv s j. t atiraa �r aq� w se: wt gaui'au s:a wcupuaui� s�t�l ur siu�a� pazlatc ICvuauzaai ti avai }Qu o} uox�ua�tzi,s� o'ur m pies 3a uot} dxa. �ouds.4 lu,g�n� us�atpn a� .sgi�gov �daua �i�•�� curia#.r�ari {i_j quo_ _ - gae�sauaY t�jp3:tttwc aqs �T «sa�ued�, a se �C�anraio� pue Hd: u s�niaJa 4paua�ai agii uiatle :: ,tear i m a. Sea u . Q� a tuaan „ A4no >Qos� . ti 3 4 %:! d 1, , f } J .P . L11 Pug `(µraptnos aarntag„} }aautscdall saa�nx lira so�eag u2ahtla tiB r{ r p Q {�a3�Q.ciairen�n psi anlaa;}3 . pup, 01 pa K. K.W.M. duatuguaas [9gteea� aacd ` say`•Qa g .eo3 ;Rag"�r pub= a#a+ij curio aoslP9W'6�POZ- osrir b6i fD;l ,At 3+HQItI�&lit► SIHZ. u"a- gm:pgw OFT Bra= Cuanty JoveageJWdU Center Ddmum SWA= Age CONTRACT AND AGRHEM►n►rr cnr: SECC�A May l.202kA,tt 30, 20n DBTENMONOFRNIW SHORT TFR is PFENDBRS I;PACB AY —An -ABLE STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY JIJVffidlT.,g BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Services .. ✓c.ca.atyll 71.1' V1CeS -�• o+w QSLccurenn ror secure short-term detention of juvenile offenders is entered into by and between Madison County, acting by and through its duly authorized representative (hereinafter and the Brazos County juvenile Board, acting by and throe its dui authorized "Juvave Probation") � Y representative and County Judge, concerning detention residential services provided at the Brazos County juvenile justice Center (hereinafter "the Facility') by the Brazos County juvenile Services Department (hereinafter "Sermon Provider's Pursuant to Hcease granted by the Texas Juvenile Justice Department andr'm any other appropriate State agency with Hcensure or regulatory authority over this facility. PURPOSE 1.00 Whereas Madison County, in order to carry out and conduct its juvenile program in accordance with the Juvenile Justice Code, Title III of the Texas Family Code has need of the of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre.dispositional status by the Court The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is fixated at 1904 HWY 21 W., Bryan Texas 77803. TERM 2.00 The berm of this Agreement is for 12 months commencing May 1, 2MI - April 30, 202L It shall be automatically Ply notifies the other in writing, at least thirty (30) days prior to the expiration of srenewed for one (1) year berms thereafter, commencing May let and ending April 30h of each year, unless one not renew this Agreement aid berm, of its Intention to OVISIONS OF SERVICES 3.01 Service Provider will provide: room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment or hospitalization outside the Facility); an approved education program; recreation facilities, and crisis intervention to each child placed within the Facility. 3.02 If unaVarcy examination, EMS treatment health care treatment anus/or hospitalization outside the Facility ("Outside Treatment") is required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of juvenile Probation and agrees to indemnify and hold harmless Service Provider, its offices, directors, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. Brpn� camlyinew i=dee Cam, DeRaBm seniom Aymeaest bhy b aatj-Apol30, 2W 3.03 Children from Juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct hrdicating a need for supervision, as reflected in a Child in Need of Supervision Order (CINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official Children not released Within forty-eight (48) hours (excluding weekends and holidays) must have a detention County juvenile court in accordance with the Texas Family Code, Title III hearing in the Madison detained, a cerdfiM copy of the detention order must be delivered to the detention Facility EF the c to ordered Is admissionto 3.04 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility. 3.05 Acceptance of a child by the Fadility will be determined by Brazos County, kuventln Farad+., cba cam.:_ rasarp ilre right to refuse admission of any,deemed , child Tnaoernnriaw. U` :.6 o �uvemfe iusttce an ••• •,,•••�• ..........,.,.i„ru19 rvim tii 3 ii Delinquency Prevention Act or those juveniles who are charged with or has committed , offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such nor offenders as dependent or neglected children" Section 223(a) (12) (A), Juvenile Justice Delinquency Prevention Act. No child who Is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen, treated and released by a medical professional and given written medical clearance. 3.06 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the Other occupants of the Facility, then the Service provider shall notify juvenile probation of this determination. 3.07 The child shall immediately be removed from the Facility but in no event Ionger than twenty four (24) hours after notification It will be the responsibility of juvenile Probation, at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to Juvenile Probation and juvenile Probation will be charged the cost of staff, time and fuel for the transportation The daily rate of detention shall increase to $200.00 for any child not removed within the 24 hour period. 3.08 If a child is classified as being a High Risk Suicide and thus, per state standards, is required to be placed on one- on-one supervision, the daily rate of detention shall increase to $200.00 a day until the child no longer requires one-on-one supervision This rate includes any partial day(s). 3.09 Any damage to county property or juvenile facility fixtures will be paid for by the juvenile probation Department and charges will be filed against the juvenile with the Brazos County sheriffs Deparhnent 3.10 Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex or national origin. 3.12 It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility Shall be removed from the Facility by the appropriate authorities from Juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authozized by the mart order issued at the conclusion of the initial detention hearing e appropriate juvenile court unless a new order has g by the Judge of the been issued authorizing the continued detention, and a copy of the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver small be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the irdtial hearing and detention period. Bra= Cowry Juvence intQe C oMtw t MAY 1, 2021—A9030,2022 &12 It is further understood and agreed by the parties that, children may be released to the Probation Officer, or other appropriate authority of Juvenile Probation pursuant to: (a) item US (b) an Order of Release signed by the Judge(s) of the Juvenile Court of Madison County. 3.1 Se vice Provider shall be in compliance with all standards and requirements of the Texas juvenile Justice Department and all applicable State and Federal law. 314 Service Provider shall provide twenty (24) hour supervision for each chid, including the supervision by detention staff during sleeping hours in a Secure Facility. 3.15 Each p,�c�h,il�d��pllaac�eed in /t�h/e��Faa+c�ility shall be provided the opportunity to, complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by ti1P TPYAf jln,enye T.eH� ti administering: the MAYSi-2 Rhall hp '-"----"`� `""c-u. Fiauury..peraoiulei - ,- • • • ------ �.�. �ti .. u ,..••.i..,r.... •• "mq,i Nil,:.' tL' ' t 3.16 Each chid placed in the Facility shall be enrolled in an educational program Special steps shall be taken to r comply with requirements of Special Education students and their needs. ;. 3.27 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Juvenile Probation, its agents, servants, or employees any way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees In any mariner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Madison County shell control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. COMPENSATION 4.00 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $100A0 per day, the cost includes any duration during a 24 hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based an the projected actual cost of care for children in the facility. tM Beery child shall receive basic detention services. Additional services that require or request sperm accommodations, medications, including, but not limited to: psychological assessments, mental health care, medical treatmenq Chapter 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by the Department U2 Psychological services may be provided to the child on an as needed basis at the request of the Juvenile Probation Department and shall be paid for by the Department If any Brazos County staff is required to testify in any proceedings outside of Brazos County, the Department will reimburse Brazos County for any and all travel, lodging, meals, or other expenses related to testifying m court Additionally, the Department shall pay Brazos County $100/day for each day the staff is unable to report to work in Brazos County. The agreement to testify is at the sole discretion of Brazos County and upon Brazos County's ability to maintain adequate staffing. 4.03 Service Provider will submit an invoice for payment of services to juvenile Probation on a monthly basis. Said invoice shall be submitted wither ten (10) working days following the end of the invoiced month and shall Include information deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients If appropriate, date service was rendered, total daily rmsq and total monthly cost Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement Invoices submitted by Service Provider in proper form shall be paid by juvenile Probation in a timely manner. If payments are not rewived finely, acceptance of youth will be doled until full payment is rwdved 4 an 6e PI!� pagoesluo2 uo uopeuuo;ltil vosa 'uoFlagord alllmAnf Sq PaPIA� souo3 uo pM anbar Ad p � uoAego'zd anuannf o; aplAwd pqs mPlAmd a*%=S M-0 k mmu pautaap uagm umP" atp Pug mP=. M aalnsag io JPU Big w smanntopsanb;o uopuq-zFmpe �A Pm ASa1nIa;11F 'uoparado nF slues8osd;o uopenraego hwpWFeFA agar apnlaul Amu tuea9ard alp ;o uopenlee ptw uope mum mu 'Alton mad psooar sp mamas o; ro/ptm wnuaasSa sap ;o emsaa ra saalnras;o maaoid Wl BIMISna pue auauexa o; uo o a , nn nnsad Pun PepFA� Aeq sd fim f I, rtlm;F;etp saasSe rapinord aolusaS IO'9 'p OO2Id 30 NOLL sadosd e s 'S;unoo uooWM do Imo, alluanu f mV u013 uonrajoipne/sapm WB71 PV SI.pBd ay Sq Idla= uodn S;Fgoad a!p uF paadamp aq Sltw Ma PIIgo V Z0'9 K.=Anf Jo mm,40 pnpotpne �I$Pad m Sq Pa IaP palvap aq A m uopsgosd �i PAn 3o IuBmaooeFd 'aouWdao�e -TO; PauPP= sq I fm Plata rip amsua w'LIF[F�d A IPp ll�ie uopegoz<i a[}ttann['uoRUBM tin Iuautaaeld so; /IIIPed atll o; PLnP a SuprodsuoM o; mlyd To-S d'p SY1t?18L Zd OIJI Ma oI mI am 'etlloba samnias uoyegrxu 3o sisoa ay; Sad pegs sapred atp pula Imndslp atp agalpaul �P algWdaaoe Sllelgnut a asoolP nays lapsed arty ttopaapq so vopesllgse o;;sows lapsed ay; am;aq a°pBIP W pallltugns aq IR'Iis dslp atll 'Iwgvgaau Aq Panloeas aq Iouum a;ndslp a 3I '� >Cam a;ndSFp 1v u6qAOSBU ; aaz ou 'asFse Sem ;ey; Iossluoa sap o; palelar sayndsFp Sue anlmm o; Mp ue uF 1pla; P� uF WepoBau o; aas9e sapaed a!p pqu IBpFPnf Mama sKaas ptamaaa9V sail W eased a Ieyl Iualxa atp W Ida�x3 80'6 aPoJ SIlund swo.L,6q paslabat se spurt' a;WS an.a= aq S;nlgFSna;o uopeagpra, apinord ILIA► Japmold ao*' MS !A'4 s uaurSad;o suiFela An $nivada: samSolduta;uaugsedap �Ao IoWuw;ou II. rapinosd aolnap ra O I Id gaq sd atlWAnf w sagnds.p;uawAud Sue IoasFp ro immgad so; amelo a,= og saaag sapinord Wp aS god, 'aargelSPS'l sexa y atp Sq pagelsddsdda;ou an m algallena IOU am 6Pun3 g 'fed ul m alogm 14 IMP l4puad ;noyglm uopaulmsaq o; P*ns aq Iingg Pug " alWs m MMS 19lm Iced ul m apgm ul papun; sl I==aaV Sl1il;etp mPUaW aowag Sq poaaw Pug Noismptm Sl II So.t ' �' - •••• •,•:•••• �••�:• •_..•• -•tl ll 4lpuaaxa ageRo0;ddg o uo . -p .. + v--- -1* om ne Dail ; AWuamnaop . I %,t•,"•,,,• 3 P!a i 4.p aaxa m tsnoxa �••.--_ -C"• a o saun .i u ; I pug uopagOld au=An panFaaar spurt' a,%S ay; Isn SlMp III gaq=o= ally 'sPu . q usar; pFed grad ul m alatlelt ul uopegosd almm f uaoq panlaaar spurl;;o &rpunwae a;eredes a apy wd lid mPI40d aalAsa3 I'mA 4IPne aP Wno Ivnuue tin# upggo;ou Saop sapinord aMn laS II '003 reaS Pam$ atp;o pua MP 8ulmollo; L InI Sq uo Ivgozd al=Anf ol;lpne apMno i nmm atp;o MOD a psamso; lleys sapinosd a3lelsaS'9PuTtJ aIWS 30 exnlipuadxa pue adp= Sagloads Rxgm slseq AIMS a uo PaFeldmw lipne app;no ug eeq s3ppAwj aaWn;l Ito'i: Pug panlaoas s :(cI D) 0lWwd SugmomV pagdo=V Sllamua�,� 2ulmono3 ap $Wzggn PaP&m uwzj pansa,ar spy alWo Ws so; Sla wdas;un000e hags raplAOJd aWfnsaS 13es;ao3 slyl spun uoAvq alaraAnf PuA- 3o astylpuadxa pm 41war ayl m; Smmodas;urlom ilmis mpmord 20yjaS y0'y Tm bE N4V-IZOZ'I ilmo Mor "r-Ur Amo m49 sons Qtaoty innmW dmWlp Cuter 6.03 For purpose of evaluation, tsa-p4 �►l30. 2 mr _PmP on, inspection, auditing ar reproduction, Service provider a �� tak and make otitis authorized representatives of the State of Texas or Juvenile Probation any and all books, document, or Pertaining to the costs and expenses of this Agreement. 6.04 Service Provider will keep a record of services provided to juvenile probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regardinservices furnished as may be requested by Juvenile Probation. Service provider win maintain the g records (as referenced above) for seven (7) ,eats after the termination of this Agreement 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of finds. Service provthe Stele Auditar's Oiderce� efmather a r any successor agency, to conduct an audit or investigation in eormection with those 8�e to cooperate fully with time Site Auditors OfSce or its. successor in 0— conduct of the auditor im,ogMasti�n. t.._t..�n__ __._ _ .Yuu,� Y :uVY .o,.g .. records requested. Service -provider Wiy.�ne,;,.e ►l..t this clause Mnrorettn�....FL�hc_ CQNFIDEPMALITY OF RECO nS 7.00 Service provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Pmbation, and shell not disclose the information except as required to Provided pursuant to this Agreement, or as may be required by law. perform the services to be DUTY TO REPORT 8.01 Allegations Occurring Inside the Facility. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner: 8.011 For all allegations and incidents except sexual abuse and serious physical abuse: within twen"ur (24) hours from the time the allegation is made, to the following: Local law enforcement agency, and Texas Juvenile justice Department by submitting a TJjD Incident Report Form to facsiadle number 1. 512-424-6716 (or if unable to complete the form within 24 hours, then by calling csimile umbe86- 7263, followed by submitting the report within 24 hours of said call). In addition, for seriom>s incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile justice Department within 24 bonus of receipt; and With respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (936) 241-6231 and Service Provider shall contact Juvenile Probation by telephone at (936) 241-62M within 24 hours. 8.012 For allegations and incidents of sexual abuse or serious physical abuse: Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains.knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours from the tine a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 1-877 786-7263. Within 24 hours Brrame Canty Javeam JaIdaa CCU, Detention Saviea Agmemmt of the report by phone, the cam feted Mart rout-�13o,mu number 1512-424-6716 or by email at ab t ftd � � be submitted by facsimile With respect to children placed by Juvenile probation, the T)JD Incident Report Form shall also be sent to Juvenile probation within 24 hours at facsimile number (930 241.6231. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or writte statement from an alleged victim or other person with knowledge or who has a reasn onable belief to occurrence of alleged abuse, neglect, exploitation, death or other serious incident involto the ving a juvenile, but that is not alleged to involve an employee, intent, volunteer, contractor, or service provider of a program or facility, shall be immediately reported to law enforcement or to other appropriate governmental unirequired in t as Texas Family Code Chapter NJ. 8.03 As used wiffiii+ this o v.m...d... :'l A. WluNER mg, learning, or. receiving an oral or Written Statement from . an alleged victim or other person with reasonable belief or knowledge as to the occurrence of an alleged abuse, neglect;, exploitation, death. or other serious incident involiring a juvenile in a juvenile justice facility or juvenile justice program. 8.032 A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth-ort-youth Physical assault or youth sexual Conduct. SAM Sexual abuse is conduct committed by any person against a junvenile that includes sexual abase by contact Or sexual abuse by non -contact. 8A34 Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitationl, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. 8.035 A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenge board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that a w —es juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post- djudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile courtjurisdiction 8.036 A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that nerves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. 4-13 Lill s0-1is) . , aft 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interna, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to children in the facility or program. 9.02 Criminal history searches shall include the following B— C—ty Jawaae Judea Curter m� 21-Apra m, 2n2 9.021 Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. 9.022 Local law enforcement sex offender registration records check through the public Sex Offender Registry on the Texas Department of Public Safety website. 9.023 Federal Bureau of Investigation fingerprint -based criminal history background search at the -National Crime Information Center, intemet-based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting n►ubsegtrent Criminal activity shall be mstntairued for .. o"Itn?j . r%V k- "'`...'.C.f: _z ' ^-- ' ''o X __ •• vi uM IVUVYY1I1g OCC�•ID(P[:....: .. duration of thn ieviitriAnai!. .,....i,..,...s..r ..� W-� _e __ ��w. _ ••• _ i1. 9.04 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: 9.041 A felony conviction against the laws of this state, another state, or the United States within the past tent (10) years, 9.042 A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years, 9.043 A current felony deferred adjudication, probation or parole, 9.044 A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years, 9.045 A deterred adjudication fora jailable misdemeanor against the laws of this state, another state, or the Wilted States within the past five (5) years: 9.046 A current jailable misdemeanor deferred adjudication, probation or parole; or 9.047 The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at Inn one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 juvenile probation reserves the right, in its sole discretion, to prohibit any individual with a prior aiminal history from being placed to a position that involves direct unsupervised contact with children. B-= GbaatyaOM& Iudm Center i DISCLOSURE OF INFORMATION ntry, � �,, 7;2i 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees flint it shall have an ongoing affirmative duty under. this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: 10-Ml Any and all corrective action required by any of Service provider's licensing authorities; Any and all litigation filed against Service Provider, or against its employees, intents, volunteers, subcontractors, agents and/or consultants that have direct contact with children; 10.M2 Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; 7f.M0 •�. LJ:�_ cart_____ _ _ .. } � �...... _...• .r J. .r..."u.. ._. uw.srs ur w .•w.� .r•.•.• v nw w n ..n .. �� _ _.,4'.i _•....1,.�*rJ _.� ..............o..raa ....s....w.tau. wiuw t3mure+ was me auegea of oesignatea perpetrator, 30.M4 The identity of any of the Service Provides employees, inters, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders, and 10.M5 The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felorry or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile Justice program. HOUAL OPPORTUNITY 11.00 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin Service Provider shall abide by all applicable federal state and local laws and regulations. 12.00 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation 13.00 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or Indirect, in this Agreement or the proceeds thereof. B� CoeatyJareape Jrtla Cater i! � � IIA2 -qpN 30, IOa2t DEFAULT 14,00 juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances; 14.001 If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or 14.M2 If Service Provider fails to perform any of the other material provisions of this Agreement; including failure to achieve the defined pale, outcomes, and outputs, or so fails to prosecute the work as to endanger the performanoe of this Agreement in accordance with its term and in either of these two B.w rarrr;clg Wti& of deiauty SmVice Provider does not Bu � gttJailure.�Yitiiia.�,.' TERMINATION 15.01 This Agreement may be terminated for any reason: 15.011 By either party upon ten (10) days written notice to the other party of the intention to ierminste; or 15.012 Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. WAIVER OF SUBROGATION 16.00 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. 17.M Service Provider hereby represents and warrants the following. 170MI That it has all necessary right, title, Iicense and authority to enter into tiffs Agreement; 17.012 Tbat it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff oertlffrations to provide the type (a) of services being contracted for, that it is in compliance with all statutory and regulatory requirements for the operations of its business and that then: are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; 17.013 Brazos County will maintain in force policies of general liability insurance against loss to any person ($100 000.W) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for Bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished to Juvenile Probation, Furthermore Juvenile Probation shall be notified immediately upon arty changes in the status of the roan -ante policy and shall promptly furnish updated certificates of insurance to juvenile Probation. B-0 aomtrdawaQ.Judge t:smr 30,2022 17.0.14 That all of its 1 interne, volunteers, subcontractors, a May will ep� properly employees, gents and/or consultants will be Properly trained to report allegations or incidents of abuse, exploitation, neglect, death or serious incidents Involving a child under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents, and that, if it has employees, interns, volunteers, subcontractors, aganb and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it small prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to public Regarding Abuse, Neglect and Exploitation and Notice to Employes Regarag Abust; Neglect aid Exploitation. - �rvarecr ew�n �nmv ��•� -- j w. ..r ..... w we ycaauiumaae aa� ua�ve wuairy', a a xae. 19.00 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. LEGAL CONSTRUCTION 20.00 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or mnanforceable provision had never been contained therein. la- 21.00 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by Juvenile Probation for the children placed in the Facility by the Judge of Madison County having juvenile jurisdiction PRISON RAPS ELDVDNATION ACT 22.00 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordananm, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (AREA) which establishes a zero -tolerance standard against sexual abuse and sexual harassment of incarcerated persons, including juveniles, and addresses the detectim elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders. [AREA 6115314a)] Under PREA, Service Provider is complying with PREA standards [FREA 6115312(b)] and shall make available to the CJPO alI incident -based aggregated data reports of sexual abuse at its facility within 24-hours of the allegation, and all such data may be requested by the Department of Justice from the previous calendar year no later than june 30a IPREA 6115.387(e) and (f)] 10 ii EOWT9E-6LG "nd ZOT4-I9i.`6L6 MMU COOLLXL taaH ZEE •as'*uv MoZ •s OOZ �4=3 `=a==a -fMORO xv CIO IMM CKV �Ori KO auaOO SMOIssIMoaALuaoo SOZYM _QWW.M OAqUDWM MWO UDa* d ►roman mmumba tm Undv-tm=1iarm "-"rMMa 14om IMF maw ,"am In accordance with provisions of the Governor's Office, Criminal Justice D'nrisioii and TJJD, Brazos County Juvenile Probation (hereinafter called '"COUNTY), and Rite of Passage, Inc. (hereinafter called "SERVICE AGENT`), =by this Contract, and in consideration of the mutual promises set forth below, agree that: I. CONTRACT PERIOD 'The contract period will be effective from.September 1., 2023 through August.31, 2024. II. PURPOSE -The purpose of this Secure Short-term Detention Services Contract is to .provide the COUNTY with Short-term Detention Care for children. of juvenile age, who are referred to a. detention facility for acts) of delinquency or act(s) indicating a need for supervision, during pre-trial and pre-dispositional status: or in the post-dispositional treatment prescribed by the Court. The SERVICE AGENTS placement facility(hereinafter called "Facility') to be utilized is owned and operated by SERVICE AGENT and -the business address of SERVICE AGENT is located at 2560 Business Parkway, Suite A, Minden, NV, 89423. Contract Facility Name Address City / Statel Zia Lake Granbury Youth Services 1300 Crossland Road Granbury, TX 76048 Ill.- SERVICES The SERVICE AGENT is an educational, vocational and athletic program for at -risk youth, The. SERVICE AGENT agrees to provide the .foiloWing services, which shall be limited to .adjudicated juvenile offenders in licensed child care facilities as follows: A. Provide this juvenile -with Toom..and board, :supervision twenty-four hours per day, seven days a week; an approved education program; recreation facilities; case management, behavioral health services, including counseling and psychiatry services. B. Routine medical examination and treatment services within the Facility, which will be pre -approved by and paid for by the COUNTY_ G. If emergency examination, EMS treatment, health care treatment and /or :hospitalization outside the Facility ("Outside Treatment") is required for a juvenile placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatment at the expense of the COUNTY. The COUNTY agrees to indemnify and hold harmless SERVICE AGENT, its officers, directors, representatives, agents, shareholders, and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify the appropriate Treatment. The Administrator shall notify COUNTY of Outside Treatment within twenty-four (24) hours of its occurrence. D.. Juveniles from the COUNTY who are alleged to have engaged in delinquent conduct including -a need for supervision, as reflected in a Child in Need of Supervision Order (GINS) will be admitted -to the" Facility under the authority'of any J u v e n i l e C o. u r t having jurisdiction or its designated official. Juveniles not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the appropriate- Juvenile Court in accordance Page 1 of 9 Ritoof Pmgge,'Inc. BWos COUNTY JUVENILE PROBATION WYS Detenfion'Contact FY23-24 with the Texas Family -Code, Tifle ill (Section 54.01), If -the juvenile is ordered detained, .a -certified :copy of the Detention Order must be delivered to the Facility, prior to the juvenile's re -admission. E. Each juvenile placed in the Facility shall be required to follow the rules and regulations of conduct. as fixed and determined by the .Administrator and staff of the Facility.. F. If a juvenile is accepted by the Facility from the COUNTY and the juvenile thereafter is determined. to be, in the sole judgment of the Administrator, mentally unfit, dangerous, or unmanageable. or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the COUNTY of this determination. The juvenile shall immediately be removed from the Facility. It will be the responsibility of the COUNTY to provide for the transportation for the removal of the juvenile. G. SERVICE AGENT agreeathat the Facility. will accept any juvenile who qualifies, Without regard to such juvenile's religion, race, creed, sex or national origin. H. It is further understood and agreed by the parties that juveniles placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from the COUNTY, or its agents, servants or -employees at the conclusion of the ten (10) day working period authorized by the Court Order issued at the conclusion of the initial detention -hearing by the Judge of the appropriate Juvenile Court unless a new Order has been issued authorizing the continued detention, and a copy of -the new Order has been. delivered to the Facility, or unless a waiver of the ten (10) working d ay hearing has been executed and .a signed copy of the waiver is received by the Facility. A copy of the Order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and Contract between the parties exists with the exception that the court orders may -authorize detention for up to fifteen (15) working days after the initial hearing and detention period. 1. It is further understood and .agreed by :the parties that juveniles may be released to the Probation Officer or other appropriate authority of the COUNTY pursuant to: (a) paragraph E of this Contract, (b) an Order of Release signed by the Judge of the Juvenile Court of the COUNTY. - J. SERVICE AGENT shall be in compliance with all Standards and requirements of the Texas Juvenile Justice Department and all applicable 'State -and Federal law. K. SERVICE AGENT shall provide twenty (21 hour -supervision for the juvenile, including awake staff during sleeping hours in the Facility. .L.- Each juvenile placed in the Facility shall be provided the opportunity to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas Juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAY$I- 2 shall then be promptly provided to the Juvenile Probation Officer of the COUNTY. M.:Each juvenile placed in the Facility shall be enrolled in an educational program. Special - steps shall be taken to comply with requirements of Special Education students and their :needs. N. It is further understood and agreed .by the parties that nothing, in this .Contract shall be construed to permit the C O U N TY, its agents, servants, 'or employees in any way to manage, control, direct or instruct SERVICE AGENT, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility.. However, it is also understood Page Z of 9 Riter of Passage, Inc. BRAZOS.COUNTY JUVGNILF PROBATION L' GYS,'Detention "Contract FY23-24 that the COUNTY shall 'control the condition "and terms of detention supervision .as to a. .particular juvenile pursuant to the Texas Famiiy Code, Section 51.12. IV. COMPENSATION A. For and in consideration of ,the above -mentioned services, COUNTY .agrees to. pay the SERVICE AGENT -the sum of $275.00 per day -for each juvenile. The cost is based on the projected actual cost of .care for juveniles in the Facility. B. Psychiatric services will.be provided to the juvenile on an as needed basis. The initial psychiatric evaluation and follow-up evaluations will be paid for by COUNTY -at the current contracted rates. These services -.and fees,will be pre -authorized by the COUNTY. C. Education services are provided on -site through an accredited charter school. Should the COUNTY request GED preparation and/or testing, the COUNTY will be responsible for the rates and fees associated with those services. D. SERVICE AGENT will submit an invoice for payment of services to the COUNTY on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the. invoiced month and shall 'include information deemed necessary for adequate fiscal control, including but not limited to 'to be. attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by COUNTY in order to monitor SERVICE AGENT for financial compliance with this Contract. Invoices submitted by SERVICE .AGENT in proper form shall be paid by COUNTY in a timely manner. E. SERVICE AGENT shall account separately for the receipt and expenditure of any and all state funds received from 'COUNTY under this contract. SERVICE AGENT :shall account separately for state funds received and expended utilizing'the following Generally Accepted Accounting Practices (GAAP): A. SERVICE AGENT has -an outside audit completed on a yearly basis which specifies receipt and 'expenditure of 'State funds. Upon request, -SERVICE AGENT shall forward a copy of.the annual outside audit to COUNTY by June 1 following the end .of the fiscal Year. B. If SERVICE does not obtain an annual outside audit, then SERVICE AGENT .shall provide a separate accounting of funds received from COUNTY in whole or in part paid from state funds. The accounting shall clearly list the state funds received from the COUNTY and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to the COUNTY thirty (30) days prior to the renewal date of the contract.. F. 1tis understood and agreed by SERVICE AGENT that this Contract is funded in whole or in part with grant .or state funds and shall be. subject to termination without penalty, either in whole or in part, if funds are not available or are riot appropriated by the Texas Legislature. G..ln the event that State Reimbursement Rates are increased during the duration of the terms of this Contract, the new rates will become effective reflecting those of the increase. H. SERVICE AGENT- agrees to make claims "for payment or direct any payment .disputes to. COUNTY. SERVICE AGENT will not contact other.department employees regarding any claims -of payment. L SERVICE AGENT will provide certification of eligibility to. receive State funds as required by' Page 3 of Rite'ofPump, Inc. BRAZOS COUNTY JUVENILE PROBATION' LOYS Detention Contrrnct FY23-24 Texas Family I We •$ection 231406. J. Except 'to the extent that a party -to this Contract seeks emergency judicial relief, the parties agree to negotiate in• good faith in an effort to resolve any disputes related to this Contract that may arise, no matter when the dispute May arise. If a dispute .cannot be .resolved by negotiation, .the dispute shall be .submitted to mediation 'before the parties resort to arbitration or :litigation.. The parties shall choose- a mutually acceptable mediator to. mediate the dispute, and the parties shall pay the cost of mediation services equally. V. ADDITIONAL TERMS AND AGREEMENTS A. Prior to transporting a juvenile to the Facility for placement in Secure Short Term Detention, the official authorizing the placement shall call the SERVICE AGENT.to ensure that space is available. Placement of juveniles by authorized officers of COUNTY may be denied if space limitations require as determined by the .SERVICE AGENT. ,B. A juvenile will only be accepted in the Facility upon receipt by the Facility Administrator of a. proper -order /.Authorization for Detention from the COUNTY. C. .Itis understood and agreed that any juvenile placed in the Facility by the COUNTY shall be responsible for any damages caused by their juveniles. The SERVICE AGENT shall notify the C O U N TY of such damages and provide estimates / invoices as soon as they are available. Total cost of damages shall be placed on the normal monthly billing statement, when all costs of repairs have been received. D. Each juvenile placed In the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the SERVICE AGENT. E. This Contract, .terms and agreements are transferable only with the written consent of 'both parties. VI. EXAMINATION OF PROGRAM RECORDS A. :SERVICE AGENT agrees that it will permit COUNTY'to examine and evaluate its program of services provided under the terms of this Contract and / or to review its records periodically. This examination and .evaluation of the program .may include site visitation, observation of programs in operation, interview •and the administration of questionnaires to the staff of SERVICE AGENT and the juveniles when deemed necessary. B.. SERVICE AGENT shall provide to COUNTY such descriptive information on contracted juveniles as requested on. forms provided by COUNTY. C. For purpose of evaluation, inspection, auditing or reproduction, SERVICE AGENT agrees to maintain and make available to authorized representatives of the State of Texas or COUNTY any and all books, documents or other evidence pertaining to the costs and expenses of this Contract. D. SERVICE AGENT will. keep a record of all services provided to COUNTY' under this Contract, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by COUNTY. SERVICE AGENT will maintain, the records (as referenced above) for seven (7) years after .the termination of this Contract. E. SERVICE AGENT understands that acceptance of funds under this Contract acts a's Page 4 of 9 Rite of Passage, Inc. BRAZOS COUNTY JUVENILE PROBATION LGYS Detention. Contract FY23-24 acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit it or investigation in connection with those funds. SERVICE AGENT further agrees .to cooperate -fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records .requested. SERVICE AGENT will e n s u r e that this clause concerning the authority to audit funds received indirectly by subcontractors through the SERVICE AGENT and .the requirement to cooperate is included in any .subcontract it awards. VII. CONFIDENTIALITY OF RECORDS SERVICE AGENT shall maintain .strict confidentiality of all information and records relating to juveniles involved in COUNTY services and shall not re -disclose the information except as required to perform the services to be provided pursuant to this Contract, or as may be required by law. Vill. DUTY TO REPORT As required by §§261.101 and 261.406 of the Texas Family Code, SERVICE AGENT shall report any allegations or incident of abuse, exploitation or neglect of any juvenile (including but not limited to a juvenile that has been placed by COUNTY) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Granbury Police Department); B. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877- 786-7263, followed by submitting the report within 24 hours of said call); and C. COUNTY. W. DISCLOSURE OF INFORMATION SERVICE AGENT warrants that, prior to entering this Contract, it has verified and disclosed the following information to COUNTY, and agrees that.it shall have an ongoing affirmative duty under this Contract to promptly ascertain and disclose in sufficient detail this same information to COUNTY: A. Any and all corrective action required by any of SERVICE AGENT' S licensing authorities; B. Any and all litigation filed against the SERVICE AGENT, or against its employees, interns, volunteers, subcontractors, agents and / or -consultants that have direct conflict with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and /or consultant of the SERVICE AGENT that has direct contact with juventes; D. Any 'finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and /or consultant of the SERVICE AGENT that had direct contact with .juveniles was the alleged or designated perpetrator, E. - The identity of any of the SERVICE AGENT'S employees, interns, volunteers, subcontractors, agents and / or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the SERVICE AGENT'S employees, interns, volunteers, subcontractors, Page 5 of 9 Rite dPassage, Inc. BRAzog couNTY1UVENREPROBATIONLGYSDetention ContractFY23=24 agents and/or consultants that.have direct contact with juvenilesthat have a criminal history. For. the -purpose of this Contract, the term "criminal history" shall include; (1) current felony or misdemeanor probation .or parole; (2) a felony conviction or deferred adjudication wfithin the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. X. EQUAL OPPORTUNITY SERVICE AGENT agrees to respect and protect the civil and legal rights of " all juveniles and their parents. During the performance of this .Contract the SERVICE AGENT agrees it: a) Will not discriminate against any juvenile, childcare Agent, parent, employee or applicant for employment because of race, color, religion, sex or national origiri including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay-off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The SERVICE AGENT agrees to post.in conspicuous places, available to employees -and applicants for employment, notices to be -provided setting forth the provision of this non- discrimination, b) Will, in all solicitations or advertisement for employees placed by or on behalf of the SERVICE AGENT, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. c) Shall abide by all applicable federal, State and local laws and regulations. XI. OFFICIALS. NOT TO BENEFIT No officer, employee or agent- of COUNTY and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any :functions or responsibilities in the project, shall participate in any .decision relating to this Contract which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. XIi. DEFAULT, SANCTIONS, PENALTIES FOR BREACH OF CONTRACT COUNTY may, by .written notice of default to SERVICE AGENT, terminate the whole or any part of this Contract, as it deems appropriate, in any one of following circumstances: A. if SERVICE AGENT fails to, perform the work called for by this.Contract within the time specified herein or any extension thereof, or B. If SERVICE AGENT fails to perform any of the othet material provisions of this Contract, 'including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Contract in accordance with its terms, and in either of these two circumstances after receiving notice of default, SERVICE AGENT does not .cure such failure within a period of ten (10) days. C. Except to the extent that a party to this Contract seeks emergency judicial relief, the parties agree to negotiate in good :faith in an effort to resolve any disputes related to this Contract that may arise, no matter when .the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the patties resortto arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, :and the parties shall pay the costs of mediation services equally. Page 6 of 9 Rite of Passage, -Inc, BRA7.OS COUNTY JUVENILE PROBATION LAYS Detention Contract FY23 24 D. To the extent permitted by law and ordered. by the trial court, the prevailing party in any lawsuit arising out of this Contract will be enured to Attorney's fees from the other party, including actions for declaratory relief. E. Notices required under this Contract shall be sent by fax or by registered U.S. mail, return receipt requested, to the party at the addresses listed below. A,party must provide notice of a change of address during the term of this Contract. Unless specified otherwise, notice required 1n this Contract shall be deemed to have been received when received. Rite of Passage-LGYS BRAZOS COUNTY JUVENILE PROBATION 2560 Business Pkwy Ste A 1904 W SH 21 Minden, NV 89423 BRYAN, TX 77803-1217 Attn: Rusty Alexander Attn: Melissa White, Asst. Director F. Captions•in this•Contractare for convenience only and shall be deemed Irrelevant in construing the provisions of the Contract G. The parties intend that, in construing and enforcing the provisions of the Contract, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. 'if any court finds any provision of this Contract to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Contract I. -No express or implied waiver by any party of any right of that party under this -Contract in any specific.circumstance shall be considered to waive that right of the party in any other circumstance. J. The covenants and agreements in this Contract are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. XIII. TERMINATION The Initial term of this Contract shall be for a period of twelve months from the effective date. However, If either party feels in its judgment that the Contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified snail or personal delivery to its principal office, of its intention to terminate the contract thirty (30) calendar days from the date of the Notice of Termination. At 12:00 o'clock Midnight, thirty (30) calendar days after the date of the Notice of Termination, this Contract shall terminate, become null and void, and be of no further force or effect. Such termination shall not affect or diminish the 'COUNTY'S responsibility for payment of any amounts due and owing at the time of termination of the Contract. The COUNTY shall remove at its expense all juveniles placed in the Facility on or before the termination date. XIV. INDEMNIFICATION It is further agreed that SERVICE AGENT will indemnify and hold harmless the COUNTY, against any and all negligence, liability, loss, cost, claims or expenses arising out of wrongful and negligent act(s) of commission or omission by SERVICE AGENT, its agents, servants or employees arising from activities under this contract. SERVICE AGENT shall have no obligation to indemnify and hold harmless the COUNTY for any act(s) of commission or omission of the COUNTY or the COUNTY'S agents, servants, or employees arising from or related to this Contract for which a claim or other action is made. Page 7 of 9 Rite of [ AM."e, Inc. BRAZOS COUNTY JUVENILE PROBATION LGYS Dcicngon•Contract FY23-24 XV. REPRESENTATIONS & WARRANTIES -SERVICE AGENT hereby represents -and warrants the following: A. That it 'has all necessary right, title., license and .authority to enter into this Contract; B. That is qualified to do business 'in the State of Texas; that it holds -all necessary licenses and staff certifications to, provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements f o r the operations of its business; and that there are no taxes due and owing to the 'State of Texas, the County, or any political subdivision thereof; C: SERVICE AGENT will maintain in force policies of general liability insurance against loss to any person or :property occasioned by acts ,or .omissions of -SERVICE AGENT. Copies of original insurance policies. shall be furnished to COUNTY. 'Furthermore, the COUNTY shall be notified immediately upon any changes in the status of insurance policies and shall promptly furnish updated certificates of insurance to COUNTY. b. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect. of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. E. The SERVICE AGENT verifies that it does not boycott Israel and will not boycott Israel during the term of this Contract. The term °boycott Israel" is defined by the Texas Government Code Section 808.001, effective September 1, 2017. XVI. TEXAS LAW TO APPLY The Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in :Hood County, Texas. XVII. VENUE Exclusive venue for any litigation arising from this Contract shall be in Brazos -County, Texas. XVIII. LEGAL CONSTRUCTION In case any or more of the provisions contained in this Contract shall for any reason be held to be invalid, :illegal, or unenforceable in. any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Contract shall be construed as if such invalid, illegal or unenforceable provision had never.been contained therein. XIX. PRIOR AGREEMENTS SUPERSEDED This Contract constitutes the sole and only Contract of the parties hereto and supersedes any prior understandings or written or oral Contract between the parties ,respecting the within subject matter. XX.PRISON RAPE ELIMINATION ACT (PREA) A. SERVICE AGENT shall comply with all federal, state, county and city laws, ordinances, regulations and standards applicable to the provision: of services described herein and the'perfbrmance of all obligations undertaken pursuant to this contract, including the prison Rape Elimination Act of 2003 Page 8 of 9 Rite of Passage, Inc. BRAZO&COUNTY JUVENILE PROBATION LOYS _Detention Contract FY23.24 •(PREA) which establishes a zero -tolerance standard against sexual assault of incarcerated person, "including juveniles and addresses the detection, elimination, •prevention, and reporting of sexual assault in'facilities housing adult. and juvenile'offenders. B. Under PREA, SERVICE AGENT shall make available,'to the COUNTY all incident -based aggregated data°reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the 'Department of Justice form the previous calendar year no later than June 30t^ [PREA 115.387 (e) and (0]. b C. .All COUNTY employees and ./ or employees of other agencies that COUNTY send to the. Facility %shall have completed PREA training.. This Contract is executed with the • declared intention of the parties that this Contract 1s; a contract providing for the care of j u ve n 11 e.s who have allegedly committed a n act -of delinquency or an act indicating a need for supervision,, and payment for such care will be made by the COUNTY having juvenile jurisdiction for the juveniles ,placed in the Facility. Rite of Passage, .Inc. Signature. Print Name: Rusty Alexander Title: l3usiness Managing Director pate: 08/29/2023 BRAZOS COUNTY JUVENILE PROBATION Signature. Print Name: Linda Ricketson Title: Executive'Director 'Date: '08/29/2023 .Page 9 of 9 BRAZOS COUNTY COMMISSIONERS COURT -ON �� (gyp O1n e, tv- - , 20 a3 FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN -ORIGINAL. BY: DATE: ct t Duane Peters, County Judge 200 S. Texas Avenue, 'Ste. '332 Bryan, TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2o23—August31, 2024 SPACE AVAILABLE STATE OF TEXAS § COUNTY -OF BRAZOS § § BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE JUSTICE CENTER Detention Services September 1, 2023 - August 31, 2024 This contract and agreement -for secure short-term detention of juvenile offenders is entered into by and between Walker County, acting by and through its duly authorized representative (hereinafter "juvenile Probation") and the Brazos County Juvenile Board, acting by and through its duly authorized representative and County,judge, concerning detention residential services provided at the Brazos County juvenile justice Center (hereinafter "the Facility") by the Brazos County Juvenile Services Department (hereinafter "Service Provider") pursuant to Iicense granted by the Texas juvenile Justice Department and/or any other appropriate State .agency with Iicensure or regulatory authority over this facility. ARTICLE'I PURPOSE 1.01 Whereas Walker County, in order to carry out and conduct its juvenile program in accordance with the juvenile Justice Code, Title III of the Texas Family Code has need of the use of detention facilities to house and maintain children of juvenile age, who are referred to a detention facility for act(s) of delinquency or act(s) indicating a .need for supervision, during pre-trial and pre-dispositional status by the Court. The placement facility to be utilized is owned and operated by Brazos County and Service Provider, and is located at 1904 HWY 21 W., Bryan, Texas 77803. ARTICLE 11 TERM 2.01 The term of this Agreement is for 12 months commencing September 1, 2023 - August .31, 2024. It shall be automatically renewed for one (1) year terms, thereafter, commencing September 1st and ending August 31st of each year, unless one party notifies the other in writing, at .least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. ARTICLE III PROVISIONS OF SERVICES 3.01 A. Service Provider will provide room and board, supervision twenty-four hours per day, seven days a week; routine medical examination and treatment within the Facility (but shall not provide or pay for emergency examination, treatment, or hospitalization outside .the Facility); an approved education programs recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, health care treatment and/or hospitalization outside the Facility ("Outside Treatment') is required for a child placed in the Facility, the Administrator of the. Facility is authorized Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 to secure the Outside Treatment at the expense of juvenile Probation and agrees to indemnify and hold harmless Service Provider, its officers, directors, representatives, agents, shareholders and employees from any and an liability for charges -,for Outside Treatment. The Administrator shall notify the appropriate )juvenile Probation officials of Outside Treatment within twenty-four (24) hours of its occurrence. C. Children from juvenile Probation who are alleged to have engaged in delinquent conduct, or conduct indicating a need for supervision, as reflected in a Child in Need of Supervision Order (GINS) will be admitted to the facility under the authority of any juvenile court having jurisdiction or its designated official. Children not released within forty-eight (48) hours (excluding weekends and holidays) must have a detention hearing in the Walker County juvenile court in accordance with the Texas Family Code, Title III (Section 54.01). If the child is ordered detained, a certified copy of the detention order must be delivered to the detention Facility prior to the child's re -admission. D. Each chdd.placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility administrator and staff of the Facility, E. Acceptance of a child by the Facility will be determined by Brazos County Juvenile Facility Staff. Service Provider reserves the right to refuse admission of any child deemed inappropriate. Service Provider has resolved to operate the Facility in compliance with the Juvenile Justice and Delinquency Prevention Act, and therefore, Service Provider will not accept children whose detention would prevent the Facility from :complying with the .juvenile justice and Delinquency Prevention Act or those "juveniles who are charged with or has committed offenses that would not be criminal if committed by an adult or offenses which do not constitute violations of valid court order, or such non -offenders as dependent or neglected -children." Section 223(a) (12) (A), juvenile justice Delinquency Prevention Act. No child who is intoxicated or in need of immediate medical attention will be accepted under any circumstances without having been seen,,treated, and released by a medical professional and given written medical clearance. If a child is accepted by the Facility from juvenile Probation and the child -thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, unmanageable, unsuitable for the program or combination of such conditions or whose mental or physical conduct would or might endanger the other occupants .of the Facility, then the'Service Provider shall. notify juvenile Probation of this determination. The child. shall immediately be removed from the Facility but in no event longer than twenty-four (24) hours after notification. It will be the responsibility of juvenile Probation; at its expense, to provide for the transportation for the removal of the child. Any child not removed from the facility within 24 hours will be transported by Service Provider to Juvenile Probation and Juvenile Probation'will be charged the cost of staff, time and fuel for the transportation. The daily rate of :detention shall increase to $200.00 for any child not removed within the 24- hour period. Any damage to county property or juvenile facility fixtures will be paid for by the juvenile Probation Department and charges will be filed against the juvenile with the Brazos County Sheriffs Department. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such child's religion, race, creed, sex, or national origin. G. It is further understood and agreed by the parties that children placed in pre -adjudication care in the Facility shall be removed from the Facility by the appropriate authorities from juvenile Probation, or its agents, servants or employees at the conclusion of the ten (10) day working period authorized by the court order issued at the conclusion :of the initial detention hearing by the judge of the appropriate juvenile court unless a new order has been issued authorizing the continued detention, and a copy of .the new order has been delivered to the Facility, or unless a waiver of the ten (10) working day hearing has been executed and a signed copy of the waiver is received by the Facility. A copy of the order issued pursuant to the waiver shall be furnished to the Facility. The same understanding and agreement between the parties exists with the exception that court orders may authorize detention for up to fifteen (15) working days after the initial hearing and detention period. 01 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023 August 3.1, 20U24 H. It is further understood and agreed by the parties that, children may be. released to the Probation Officer or other appropriate authority of juvenile Probation pursuant to: (a) paragraph E of this Article, (b) an Order of Release signed by the judge of the juvenile Court of Walker County. 1. Service Provider shall be in compliance `with all standards and requirements of the Texas juvenile Justice Department and all applicable State and Federal law. J. Service Provider shall provide .twenty (24) hour supervision for each child, including the supervision by detention staff during sleeping hours in a Secure Facility. K. Each child placed in the Facility shall be provided the opportunity .to complete the Massachusetts Youth Screening Instrument (MAYSI-2) as required by the Texas juvenile Justice Department. Facility personnel administering the MAYSI-2 shall be properly trained, sign the warning page, and document time and date administered. The MAYSI-2 shall then be promptly provided to Juvenile Probation of the -detaining county. L. Each child placed in the Facility shall be enrolled in an educational program. Special steps shall be taken to comply with requirements of Special Education students and their needs. M. It is further understood and agreed by the parties that nothing in this contract shall be construed to permit juvenile Probation, its agents, servants, or employees any -way to manage, control, direct or instruct Service Provider, its directors, officers, employees, agents, shareholders and designees in any manner respecting its work, duties functions, or pertaining to the maintenance and operation of the Facility. 'However, it is also understood that the juvenile Court of Walker County shall control the conditions and terms of detention supervision as to a particular child pursuant to the Texas Family Code, Section 51.12. ARTICLE IV COMPENSATION 4.01 For and in consideration of the above -mentioned services, juvenile Probation agrees to pay Service Provider the sum of $150.00 per day, the cost includes any duration during a 24-hour period for each child. The daily rate shall be paid to Service Provider for each day a child is in detention. The cost is based on the projected actual cost of care for children in the facility. 4.02 Every child shall receive basic detention services. Additional services that require or request special accommodations, medications, including, but not limited to psychological assessments, mental health care, medical treatment, Chapter ' 55 evaluations (fitness to proceed), special accommodation services, interpreters, special dietary needs, will be paid for by juvenile Probation. 4.03_ Psychological services may be provided to the chilli on an as needed basis at the request of the juvenile Probation Department and shall be paid for by Juvenile Probation. 4.04 Service Provider will submit an invoice for payment of services to juvenile Probation on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but: not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost; and total monthly cost. Each invoice received for payment will be reviewed by juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile 'Probation in a timely manner. 4.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): A. If Service Provider has an outside audit completed on a yearly basis which specifies 3 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 receipt and expenditure of -State funds. Service Provider shall forward a copy of the annual outside audit to juvenile Probation by March 1 following the end of the fiscal year. B. If Service Provider does not.obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from juvenile Probation in whole or in part .paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the yeaf s .tax forms and documentation. The accounting shall be provided to juvenile Probation thirty (30) days prior to the renewal. date of the contract. 4.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination out penalty, either in whole or in part, if .funds are not available or are not appropriated by the Texas Legislature. 4.07 Service'Provider agrees to make claims for payment or direct any payment disputes to juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees .regarding any claims of payment. 4.08 . Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 4.09 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the -dispute may arise. If a dispute cannot be resolved by .negotiation, the dispute shall be submitted. to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. ARTICLE V ADDITIONAL TERMS & AGREEMENTS .5.01 Prior to transporting a child to the Facility for placement in detention, juvenile Probation shall call the Facility to ensure the child will be considered for acceptance. Placement of children by authorized officers of juvenile Probation may be denied as determined by the Facility. 5.02 A child will. only be accepted in the Facility upon receipt by the Facility Administrator of a proper order/authorization from the Juvenile Court of Walker County. ARTICLE VI EXAMINATION OF PROGRAM & RECORDS 6.01 Service Provider agrees that it will permit juvenile Probation to examine and evaluate its program of services provided under the terms of 'this agreement and/or to review its record periodically. This examination and valuation of the program. may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02. Service Provider shall provide to juvenile Probation such descriptive information on contracted children as requested on forms provided by juvenile Probation. 6.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider, agrees to maintain and make available to authorized representatives of the State of Texas or juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 4 Brazos County Juvenile Jus&e'Center Detention Services Agreement September 1, 2423—August 31, 2024 6.04 Service Provider will keep a tecord of services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested -by juvenile Probation. Service Provider will .maintain the records (as referenced above) for seven (7) years after the termination of this Agreement: 6.05 Service Provider understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in. connection with those funds. Service Provider further agrees to cooperate fully Kiththe State Auditor's Office or :its successor in the conduct of the audit or investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Service Provider and the requirement to cooperate is included in any subcontract it awards. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating -to children involved in Juvenile Probation and shall not disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law, ARTICLE VIR DUTY TO REPORT 8.01 Allegations Occurring inside the Facility. As required by Texas Family Code Chapter .261 and Title 37 Texas .Administrative Code Chapter 358, or successor provisions, Service Provider,and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a child in a juvenile justice facility or juvenile justice program in the following manner. A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty. -four (24) hours from the time the allegation is made, to the following: 1. Local law enforcement agency; and 2. Texas -Juvenile justice: Department by submitting a TJJD-Incident Report Form to facsimile number 1- 512-424-6716 (or if unable to complete the form within 24 hours, then by calling toll -free 1-877-786- 7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a -treatment discharge form or other medical documentation that contains. evidence of medical treatment .pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With- respect to juveniles placed by Juvenile Probation, the TJJD Incident Report Form shall also be sent to Juvenile Probation within 24 hours at facsimile number (936) 436-4997 and Service Provider shall contact juvenile Probation by telephone at (936) 436-4991 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department shall be notified immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 14877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512-424-6716 or by email at abusene Ig ecftd.texas.gov and 5 Brazos County Juvenile Justice Center Detention Services. Agreement September 1, 2023—August 31, 2024 3. With respect to children placed by juvenile Probation, the TjjD Incident Report Form shall also be sent to juvenile Probation within 24.hours at facsimile number (936) 436.4997. 8.02 Allegations Occurring Outside the Facility. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or .other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall 'be immediately reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape,, reportable injury, youth -on -youth physical assault or youth sexual conduct. C. Sexual abuse is. conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non -contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: •a•public or private juvenile post adjudication secure correctionalfacility required to be certified in accordance. with the Texas Family Code; and a public or private non -secure juvenile post -adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the -governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non-residential program that serves juvenile offenders while under .the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised. access to children in the facility or program. .9.02 Criminal history searches shall include the following: A. Texas criminal history fingerprint=based criminal history background search through the Texas Department of Public Safety. 0 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 B. Local law enforcement sex offender registration. records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search. at the National Crime Information Center; internet based searches shall not be used to conduct this background search. 9.03 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained .for Monitoring purposes for whichever .of the following occurs Iater: duration of the individual's employment or period of service; minimum of three (3) years; or until any- pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.04 As used within -this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten (10) years; B. A deferred adjudication for a felony against the laws of this state; another state, _or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole, D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (b) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.05 In addition to the criteria and time frames set forth in 'the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to children in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.06 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to children in a juvenile justice facility or a juvenile justice program. 9.07 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with children. ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that; prior to entering this contract, it has verified and disclosed the following information to juvenile Probation, and agrees that it shall have an ongoing affirmative. duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to juvenile Probation: A. Any and all corrective action required by any .of Service Provider's licensing authorities; 7 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 B. Any and all litigation filed against Service Provider, or- against .its employees, interns, -volunteers, subcontractors, agents and/or consultants that have direct contact with children; C. Any arrest of :any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with children; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service -Provider that has direct contact with children was the alleged or designated perpetrator; .E. The -identity of any of the Service -Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children that are registered sex offenders; and F. The identity of any of -Service Providers employees, interns, volunteers, subcontractors, -agents and/or consultants that have direct contact with children that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or .deferred adjudication within the past five years. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to juvenile Probation any and all of the foregoing information as to any individual, whether an existing employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against employee, prospective employee, child, childcare provider, or parent on the basis of race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and Local laws and -regulations. ARTICLE XIi ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of juvenile Probation. ARTICLE M OFFICIALS NOT TO BENEFIT ]3.01 No officer, employee or agent of juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 8 Brazos County Juvenile Justice Center Detention Services Agreement . September 1, 2023—August 31, 2024 ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, -by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. ARTICLE XV TERMINATION 15.01 This Agreement may be terminated for any reason: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02. If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, .or subcontractors against Juvenile Probation. Service Provider also waives any .rights it may have to indemnification from Juvenile Probation. ARTICLE XVII REPRESENTATIONS. & WARRANTIES 17.01 Service Provider'hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement, B. That it is qualified to do business in the State of Texas; that it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that itis in compliance with all statutory .and regulatory requirements for the operations of its business and that there _are no taxes due and owing to the State of Texas, the County of Brazos or any political subdivision thereof; C. Brazos County will maintain in 'force policies of general liability insurance against loss to any person .($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Service Provider providing limits of $300,000.00 per occurrence for bodily injury and $100,000.00 per occurrence of property damage. Certificate of Liability Insurance shall be- furnished to Juvenile Probation. Furthermore, juvenile Probation shall be notified - immediately upon any changes. in the status of the insurance policy and shall promptly furnish updated certificates of insurance to Juvenile Probation. D. That .all of its employees, interns,. volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation, neglect, death. or serious incidents involving a .9 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 child under the supervision of Juvenile Probation'M accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incidents; and that, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with children in a juvenile justice facility or juvenile justice program, then it shall prominently post in .all public and staff areas of any and .all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XVIII TEXAS LAW TO APPLY 18.01 This Agreement shall be construed under and in accordance with the Iaws of the State .of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XIX VENUE 19.01 Exclusive venue for any litigation. arising from this Agreement shaII be in Brazos County, Texas. ARTICLE XX LEGAL CONSTRUCTION 20.01 In case any one or -more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any .other provision thereof and this Agreement shall be construed as if such invalid, illegal .or unenforceable provision had never been contained therein. ARTICLE XXI PRIOR AGREEMENTS SUPERSEDED 21.01 This Agreement :constitutes the sole and only Agreement of the parties .hereto and supersedes any prior understandings or written or oral Agreement -between the parties respecting the'within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have allegedly committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by juvenile Probation for the children placed in the -Facility by the judge of Walker County having juvenile jurisdiction. ARTICLE XXII PRISON RAPE ELIMINATION ACT 22.01 Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable -to the provision of services described herein and the performance of all obligations undertaken ' pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero -tolerance standard against sexual abuse and sexual Harassment of .incarcerated persons, including juveniles, and .addresses the detection, elimination, prevention, and reporting of sexual abuse and sexual harassment in facilities housing adult and juvenile Offenders: [PREA §115.312(a)] Under PREA, Service Provider is complying with PREA standards [PREA §115.312(b)] and shall make available to the C]PO all incident -based aggregated data reports of sexual abuse at its facility within 24hours of the allegation, and all such data may be requested by .the Department of justice.,from the previous- calendar year no later than June 301h [PREA §115.387(e) and (f)] 10 'Walker County.Juvenile Probation -S Climouvenile Probation Officer Walker County Auftimm Official Draw Cm"y Juvenue Ju dee Center Detention Servim Agm ment September 1, M- August 31, M4 Bros County Juvenile Justice Center 7-41— Linda Ricketso% Executive Director BRAZOS COUNTY COMMISSIONERS. COURT ON � e V-1-1;�.4 ice� I Q- , 20 03 , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: Duane Peters, County J 7200 S. Texas Ave., Ste. Bryan, TX 77803 Phone: 979-3614102 Fax: 979-361-4503 11 AGREEMENT between BRAZOS COUNTY and BROADDUS & ASSOCIATES, INC. for OWNER'S REPRESENTATIVE PROJECT MANAGEMENT SERVICES RELATED TO THE MEDICAL EXAMINER'S OFFICE PROJECT THIS AGREEMENT is made as of September 7, 2023, between Brazos County (herein the "Owner") and Broaddus & Associates, Inc. (herein the "Owner's Representative") Whereas the Owner intends to contract with the Owner's Representative for Program Management (PM) Services related an 11-acre site located in Bryan, Texas (the "Project Site") Owner and Owner's Representative, in consideration of their mutual considerations as set forth herein, agree as follows: Article 1: Parties and Purpose 1.1. The Owner. Brazos County (the "Owner") is a political subdivision of the State of Texas having its county seat in Bryan, Texas. 1.2. The Owner's Representative. Broaddus & Associates (the "Owner's Representative") is a Texas corporation headquartered in Austin, Texas and registered with the Texas Board of Professional Engineers consisting of registered architects, engineers, and professional project managers that engages in the business of providing planning, project management and owner's representation services to facility owners. 1.3. Purpose. The Owner requires an independent architect or engineer consulting firm to provide Owner's Representative services to assist owner in developing and implementing the Owner's program for an 11-acre site, beginning with the Brazos County Medical Examiner's Office ("Project") using a Construction -Manager -at -Risk project delivery method. The Owner's Representative is to provide Project Management services related to the planning, design, construction, and consulting services for the Project mentioned above. The Owner reserves the right to amend the contract to include additional, follow-on services for future projects that may be implemented on the current, 11-acre site. 1.4. Relationship of the Parties. The Owner's Representative shall be the Owner's principal agent in providing the services described in this Agreement. The Owner's Representative and the Owner shall perform as stated in this Agreement. The owner's representative will act in the,best interest of and on behalf of the County Commissioner's Court in conducting their basic services. Article 2: Owner's Representative Basic Services 2.1. The Owner's Representative will provide basic services as described in "Exhibit A — Project Management Scope of Services Detail." A. Due to the diverse nature of program management, the services may not be limited to those cited in Exhibit A. B. As soon as practical after the date of this agreement, the Owner's Representative will develop a schedule of services for performance the Owner's Representative services to be approved by the Owner. C. The Owner's Representative will develop a master program schedule in conjunction with the Owner's staff. This master program schedule includes Owner activities over and above the Construction -Manager -at -Risk's construction schedule. A preliminary master schedule is included as Exhibit B. 2.2. The Owner's Representative will provide project management services to the Program and projects through assigned personnel from the Consultant as detailed in Exhibit C, the "Staffing Plan." A. The Owner and the Owner's Representative agree that the success of their contractual relationship will depend in large part on the individuals designated to represent the Owner and the Owner's Representative for the purposes of this Agreement. In order to further the team relationship contemplated by this Agreement, the Owner and the Owner's Representative agree that their respective representatives will be mutually agreeable and that these representatives will not be changed except upon written consent, which will not be unreasonably withheld. B. Nothing in this Agreement shall be construed to mean that the Owner's Representative assumes any of the responsibilities or duties of the Construction - Manager -at -Risk. The Construction -Manager -at -Risk (Contractor) will be solely responsible for construction means, methods, techniques, sequences, and procedures used in the construction of the Project and for the safety of its personnel, property, and its operations and for performing in accordance with the contract between the Owner and Contractor. The Construction -Manager -at -Risk is solely responsible for the design requirements and design criteria of the Project and shall perform in accordance with the Agreement between the Construction - Manager -at -Risk and the Owner. The Owner's Representative's services shall be rendered compatibly and in cooperation with the services provided by the Construction -Manager -at -Risk under the Agreement between the Owner and Construction -Manager -at -Risk. It is not intended that the services of the Construction -Manager -at -Risk and the Owner's Representative be competitive or duplicative, but complementary. The Owner's Representative will be entitled to rely upon the Construction -Manager -at -Risk for the proper performance of services undertaken by the Construction -Manager -at -Risk pursuant to the Agreement between Owner and the Designer. C. Services performed by the Owner's Representative during the construction of the Project are undertaken and performed by the Owner's Representative in the sole interest and for the exclusive benefit of the Owner. 2.3. Owner's Representative Additional Services. If authorized in advance and in writing by the Owner, the Owner's Representative shall perform or obtain from others (acceptable to Owner) additional Services of the types listed below. The Owner shall pay for additional services as indicated in Article 5.0- Payments to Owner's Representative. 2 2.4. Additional Services During Basic Services Phases A. Make surveys or measured drawings of or investigate existing conditions or facilities B. Perform services resulting from significant changes in project scope, extent, or character C. Undertake investigations and studies in addition to those specified in Basic Services (such as geotechnical, mechanical/electrical testing or waterproofing services to name a few.) D. Performance of services requiring out-of-town travel other than for visits to the Project Site and meeting with the Owner E. Project Commissioning F. Move Management G. Procurement and Management of Technology Installation 2.5. Other Additional Services A. Prepare to serve or serve as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. B. Serve as Owner's Representative or liaison between various government entities and the Owner for the purpose of representing the special interests of the Owner. Article 3: Owner's Responsibilities In addition to other responsibilities of the Owner as set forth in this Agreement, the Owner shall provide full information in a timely manner regarding requirements for the Project, including the Owner's Program requirements and other relevant information necessary for the Owner's Representative to provide its services. Owner shall: 3.1. Provide Owner's Representative with information as to Owner's requirements for the Project, including: A. Design objectives and constraints B. Space, capability, and performance requirements C. Security, data and phone infrastructure needs, system, and device selection D. Flexibility and expandability E. Budgetary limitations F. Surveys, plans and drawings to date, including existing site information 3.2. Furnish copies of design and construction standards that Owner will require to be included in the Request for Proposals ("RFP") (except public laws, codes, and/or ordinances applicable to the Project), if applicable. 3.3. Furnish copies of Owner's standard forms, conditions, and related documents for inclusion in the RFP, when applicable. 3.4. Furnish Owner's Representative any other available information pertinent to the Project, including any reports and data relative to previous design efforts, or investigations at or adjacent to the Project Site. 3 3.5. Furnish the services of other consultants and contractors in addition to those designated in this Agreement, or authorize the Consultant to furnish them as an Additional Service, when the Consultant requests such services and demonstrates that they are reasonably required by the scope of the Project. 3.6. Services provided by Owner's other consultants or contractors and the Construction - Manager -at -Risk, whether such services are performed directly by them or by their sub -consultants or subcontractors, shall be performed by qualified professionals licensed as may be required by applicable law to perform such services in the jurisdiction in which the Project is located. The Owner shall require that its other consultants and contractors, and the Construction -Manager -at -Risk maintain professional liability insurance as appropriate to the services provided. 3.7. The Owner's Representative shall not be responsible for nor liable to the Owner for any damages arising out of the failure of other persons providing services, work, or goods to the Owner to conduct the performance of their contracts with the Owner. 3.8. The Owner shall direct that communications related to this project with the Owner's direct contractors shall be through the Owner's Representative. 3.9. If the Owner becomes aware of any error, omission, or failure of the Owner's Representative to meet the requirements of this Agreement the Owner shall give prompt written notice to the Owner's Representative. Article 4: Times for Rendering Services 4.1. Owner's Representative services and compensation under this Agreement have been agreed to in anticipation of the orderly and reasonably continuous progress of the Projects through completion according to the mutually developed Master Program Schedule which will be delivered as part of the scope of services. 4.2. If Owner authorizes or requests significant changes in scope, extent, or character of the Projects, or if the Projects are significantly delayed at no fault of the Owner's Representative the time of performance of Owner's Representative's services shall be adjusted equitably. 4.3. This agreement shall commence on the date first noted above and shall continue thereafter until the Final Beneficial Occupancy Date (BOD) of the project, unless sooner terminated by either party. Article 5: Payments to Owner's Representative 5.1. Payment for Services. Compensation will be based on project -specific requirements for which the Owner's Representative will submit a Plan to the Owner in advance of performing services, which will be approved in writing by an authorized representative of the Owner. The Fixed Fee will be based on the approved staffing and scope of services. A. The Firm Fixed Fee paid to the Owner's Representative is a program management fee of an amount Not To Exceed $1,105,959.31 inclusive of all ordinarily reimbursable expenses per the ARPA Final Rule. 5.2. Schedule of Payment. Owner will pay the Owner's Representative the fee earned as a billed on a monthly basis according to the Payment of services approved in 5.1A above. The Owner's Representative will supply invoices detailing personnel rates and hours worked plus other costs (if) requested. 5.3. Additional Services. Owner shall pay Owner's Representative for Additional Services rendered under Section 2.5, with prior written approval by Owner, an amount equal to cumulative hours devoted to the Project by each position's Standard Hourly Rate as found in Exhibit C for each applicable billing for all Additional Services performed on the Project. 5.4. Other Provisions Concerning Payments A. Preparation of Invoices. Invoices will be prepared in a form mutually agreeable to the County Auditor and Owner's Representative and calculated on the basis set forth herein and submitted to Owner once per month. B. Payment of Invoices. Invoices are due and payable within 30 days of receipt. C. Disputed Invoices. In the event of a disputed or contested invoice, that portion so contested may be removed from the invoice, and the undisputed portion will be invoiced and paid. The disputed portion, if resolved, can be invoiced at a later date. D. Payment Upon Termination. In the event of any termination under this Agreement, except for cause or failure to cure a substandard failure as stated herein, Owner's Representative will be entitled to invoice Owner and will be paid for all services performed or furnished and Reimbursable Expenses incurred through the effective date of termination. E. If the Owner fails to make payments to the Owner's Representative in accordance with this Agreement, such failure shall be considered substantial non-performance and cause for termination or, at the Owner's Representative's option, cause for suspension of performance of services under this Agreement. Prior to suspension or termination of services, the Owner's Representative shall give thirty (30) days' written notice to the Owner. F. The Owner's Representative shall have no liability to the Owner for delay or damage caused to the Owner because of such suspension or termination of services. In the event of suspension of services and before resuming services, the Owner's Representative shall be paid for all sums due prior to suspension and any expenses included in the interruption and resumption of the Owner's Representative services. The Owner's Representative compensation and schedule for the remaining services shall be equitably adjusted. Article 6: General Conditions 6.1. Controlling Law. This Agreement is to be governed by the laws of the State of Texas and jurisdiction for any and all claims arising out of or related to this agreement shall be Bryan, Texas, or US District Court for Southern District of Texas Dallas -Division. 5 6.2. Indemnification. To the fullest extent permitted by law, Owner's Representative shall indemnify and hold harmless Owner, Owner's elected officials and officers, directors, partners, and employees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects , attorneys, and other professionals and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of Owner's Representative or Owner's Representative's officers, directors, partners, employees, and Owner's Representative's sub -consultants in the performance and furnishing of Owner's Representative's services under this Agreement. 6.3. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by certified mail (return receipt requested), by facsimile, or by commercial courier service. All notices shall be effective upon the date of receipt. 6.4. Survival and Severability A. All express representations, indemnification or limitations of liability made in or given in this Agreement will survive its completion or termination for any reason. B. Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Owner's Representative who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 6.5. Successors and Assigns. Owner and Owner's Representative respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Owner's Representative shall assign, sublet, or transfer any interest in this Agreement to any affiliated party provided that Owner shall nevertheless continue to be responsible for payment of all Basic Services and Additional Services incurred through the date of such assignment. 6.6 Federal Provisions (if applicable) Attached are the applicable Federal Contract provisions required by 2 CFR 200.237, which are attached hereto as Exhibit D and incorporated herein for all purposes. Article 7: Insurance 7.1. The Owner's Representative must provide the Owner with evidence of the following minimum insurance requirements. 7.2. Workers' Compensation and Employer's Liability A. Statutory Worker's Compensation to include all areas involved in operations covered under the contract 6 B. Employer's Liability with limit of $1,000,000 C. Must include waiver of subrogation rights against Owner 7.3. Commercial General Liability A. Commercial General Liability: Form providing coverage not less than that of the occurrence form ISO Standard Commercial General Liability Insurance, including but not limited to bodily injury, personal injury, environmental impairment, independent contractors' products - completed operations (construction risk only), Broad Form Property Damage (including Completed Operations for a period of not less than three (3) years - construction risk only) B. Contractual Liability: Blanket basis insuring the liability assumed under this contract C. Combined Limits of Liability: Bodily Injury, $500,000 each occurrence, $1,000,000 aggregate 7.4. Commercial Automobile Liability A. Commercial Automobile Liability form, including all Non -Owned and Hired Vehicles B. Limits of Liability: Combined limits of $1,000,000 per accident 7.5. Umbrella Liability A. Such insurance shall provide coverage within limits of not less than $5,000,000 per occurrence, $5,000,000 aggregate, in excess of the underlying coverage listed in Paragraphs A, B, and C above. Notwithstanding the foregoing, Owner's Representative agrees that at Owner's discretion and cost, one year from the effective date of this Agreement Owner may require Owner's Representative to increase umbrella liability coverage amounts provided herein. 7.6. Professional Liability A. Such insurance shall provide coverage with limits of not less than $1,000,000 per claim and $1,000,000 aggregate. 7.7. Other Insurance Provisions A. Owner shall be included as an Additional Insured on all coverage required to be furnished by Owner's Representative. B. All insurance coverage required as set forth herein shall be primary and at the sole cost and expense of Owner's Representative. Lack of compliance with these insurance requirements can result in unilateral termination of this contract by the Owner. Insurance coverage will be in a form and carrier acceptable to Owner with a minimum rating of A- VII or higher. C. Except where prohibited by law, insurance policies except professional liability shall contain provisions that the insurance companies waive the rights of recovery or subrogation against Owner, its agents, servants, invitees, employees, co -lessees, affiliated companies, and their insurers. D. A copy of the Certificate of Insurance must be presented to the County Auditor prior to commencement of the Work and 10 days prior to policy renewal. Article 8: Owner's Representative Standard of Care The Owner's Representative covenants with the Owner to furnish its services hereunder properly, in accordance with the standards of its profession, and in accordance with federal, state, and local laws and regulations specifically applicable to the performance of the services hereunder which are in effect on the date of this Agreement. 8.1. Miscellaneous Conditions A. Owner's Representative agree that no liability shall attain favor of Owner's Representative as against any officer, director, member, agent or employee of Owner and that Owner's Representative will look solely to the assets of Owner for the satisfaction of Owner's obligations, duties, and liabilities under this Agreement. B. Owner's Representative understands and agrees that duties and responsibilities under this Agreement are personal in nature and this Agreement shall not be assigned, transferred, or shared by Owner's Representative with any other person, firm or a corporation without prior written notification and approval of Owner. C. Owner's Representative shall provide its services and obligation in conformity with the standards of care and skill of its profession. D. Owner's Representative shall subordinate, and hereby does subordinate, any or all liens, rights, and interest (whether choate or inchoate and including, without limitation, all mechanics and materialmen's liens under the applicable state constitution or statues) owned, claimed, or held, or to be owned, claimed, or held by Owner's Representative in a to any part of the work or the property on which the work is performed. E. Owner's Representative agrees and shall include a provision in all its agreements to the effect that Owner is a third beneficiary of all agreements between Owner's Representative and its consultants for the performance of its services required by this Agreement. Nothing contained herein shall be deemed to impose any obligation on the Owner with respect to such agreements. F. Pursuant to Title 10, Subtitle F, Chapter 2271 of the Texas Government Code, Broadus & Associates, Inc., acknowledges that it does not currently, and shall not during the term of this contract, boycott Israel. Article 9: Defaults and Remedies 0.1. If one Party believes that any other Party is in default of any provision of this Agreement, such non -defaulting Party will give written notice to the other Parties, specifying the event of default and extending to the defaulting Party thirty (30) days to cure the default. If such default has not been cured within such 30-day period, any non -defaulting Party may assert any remedies, at law or in equity, available to the non -defaulting Parties due to such default in accordance with the procedures set forth in Section 9.2 below. A. The non -defaulting Parties must mitigate any direct or consequential damages arising from any default to the extent possible under the circumstances. The Parties agree that they will use good faith and reasonable efforts to resolve any dispute in accordance with the provisions of this Agreement. 9.2. Dispute Resolution Procedures A. Negotiation. The Parties will attempt in good faith to resolve promptly through negotiation any claim or controversy arising out of or relating to this Contract. If a controversy or claim should arise, the Parties agree to each select a representative (the "Representatives") and to have those Representatives meet at least once in good faith to resolve the dispute. 1. For such a purpose, any Party may request the others to meet within ten (10) days, at a mutually -agreed -upon time and place. 2. The Parties shall, within ten (10) days after the Effective Date of this Contract, each designate to the other their respective Representatives, who shall be an executive -level individual to lead discussions. 3. Each of the Parties may change the designation of its Representative, but shall maintain at all times during the term of this Contract a designated Representative and shall ensure that the other Parties are notified of any change in the designation of its Representative. B. Mediation. If the dispute has not been resolved within ninety (90) days after the first meeting of the designated Representatives (or such longer period of time as may be mutually agreed upon), any Party may refer the claim or controversy to non -binding mediation conducted by a mutually agreed -upon party qualified to perform mediation of disputes related to the subject matter of this Agreement (the "Mediator") by sending a written mediation request to the other party. In the event that such a request is made, the Parties agree to participate in the mediation process. The Parties and the Mediator may join in the mediation any other Parties necessary for a mutually acceptable resolution of the dispute. The mediation procedure shall be determined by the Mediator in consultation with the Parties. The mediation fees and expenses shall be borne equally by the Parties. Engaging in mediation is a condition precedent to litigation. C. Litigation. If the dispute is not resolved within thirty (30) days after the commencement of mediation, or if no mediation has been commenced within ninety (90) days after the first meeting between Representatives (or such longer period of time as may be mutually agreed upon), any of the Parties may commence litigation to resolve the dispute in any court of competent jurisdiction in, Brazos County, or in the United States District Court for the Northern District of Texas Dallas -Division to the extent said Court shall have jurisdiction over the matter. Article 10: Termination or Suspension The obligation to provide further services under this Agreement may be terminated: 10.1. For Cause. By either party, upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof 9 through no fault of the terminating party. However, this Agreement will not terminate as a result of such substantial failure if the party receiving such notice begins, within seven (7) days of receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty (30) days of receipt thereof, or as such period may be mutually extended. 10.2. By the Owner's Representative upon seven (7) days written notice if the Owner's Representative services for the Project are delayed or suspended for more than ninety (90) days for reasons beyond Owner's Representative's control. 10.3. By Owner without cause for convenience effective upon the receipt of notice of termination by Owner upon no less than seven (7) days' notice. 10.4. If the agreement is terminated, the Owner's Representative shall promptly furnish the Owner with all reports, drawings, specifications, and other work product prepared pursuant to this agreement. The "instruments of service" shall become the property of the Owner. In the event of termination not the fault of the Consultant, the Consultant shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due, and all expenses directly attributable to termination for which the Consultant is not otherwise compensated. 10.5. Any and all undisputed invoices existing or billable at the time of termination shall be paid by the Owner pursuant to Section 5.6, above. Article 11: Right to Audit 11.1. Owner shall, upon ten (10) days' written notice to Owner's Representative, have a right to inspect all receipts, invoices, proofs of purchase, records of employee activity, records of expenditures, and other relevant data related to the Project. 11.2. Owner shall have the same right under this Section to inspect subcontractor materials as it does Owner materials. This Section shall survive termination of this Agreement, and shall remain in effect for three (3) years from the Effective Date of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Broaddus & Associates Brazos County By: By: Name: Paul Webb, P.E. Name: Title: COO Title: C © u- (Jry Date: 7 Sep 2023 Date: 01. t t--L t a3 10 Exhibit A Scope of Services OADDUS RRssociATEs PROJECT MANAGEMENT SERVICES SCOPE OF SERVICES DETAIL Overall Functions for the Project 1 Broaddus & Associates shall provide the principal Project Manager (PM) and single point of contact for the Owner. Services include all general leadership and management functions required of a PM which include but are not limited to tracking budgets; monitoring schedules; overseeing quality of all aspects of the project; building and communicating with the project team; coordinating all issues, documentation, minutes, action items, and approvals to move the project through all its various phases; providing direct interface with the community, end -users and other stakeholders; and briefing executives as necessary. 2 Develop initial budget estimate for project. 3 Establish overall project budget including hard and soft costs. (i.e., construction, design, management, testing, furnishings; equipment, permittin connection fees contingency funds etc. 4 Develop a master schedule for project. 5 Develop communication protocols for the project. 6 Keep Owner executives, officials, and community representatives informed and communicate with end -users to keep scope aligned with project objectives. Present to County officials, the Core Team and/or Facilities Steering Committee, as required. 7 Establish lead and coordinate all project related meetings. 8 With County officials' concurrence, install the Broaddus & Associates Owner In-SiteTm Web -based Project Management System an Owner -oriented management informations stem that provides any project participant the ability to track and manage the 9 1 Coordinate with all external approval authorities. 10 Provide an necessary liaison in Austin with System Agency, as required. NIA for Brazos County MEOproject) 11 Provide Project Executive services as advisor to the Owner and PM. 12 Identify the need forspecial studies, surveys, investigations, etc., and implement contracts as directed by County officials. 13 Develop a filing and document controls stem for the project for hardcopy and electronic records. 14 If applicable, develop and monitor the Historically Underutilized Business HUB subcontracting program for project. 15 Manage all contracts Master Plan, Design, Construction Special Consultants, etc. related to the project. 16 Project cash -flows, monitor, and manage all payments to consultants and contractors, including compliance with all HUB plans. 17 If applicable, work with the Owner Finance Office and/or financial consultants to develop additional capital funding options, if necessary, and provide cash flow promections. 18 Work with County Team and Designer of Record (DOR) to assist in the evaluation and selection of CMAR firm. 19 Assist on other Owner requirements, as requested. Continued Next Pa e Brazos County MEO Page 1 of 5 8/31/2023 &BRDADDUS ASSOCIATES PROJECT MANAGEMENT SERVICES SCOPE OF SERVICES DETAIL Procurement: Selection & Contracting for•AIE"and Construction Services Note: The following process steps are followed, with some variation, for Design firms, CM firms, and other firms selected on a Qualifications (QBS) or Best Value Basis. The process maybe used several times during the project. It may include Solicitation Document Preparation, Proposal Evaluation, Selection Committee Facilitation, Negotiation with the Selected Firm, and Preparation of the Contract Documents and Associated Documents to Implement Award of the QBS/Best Value nt 1 Prepare Requests for Qualifications (RFQ's) and Requests for Proposals (RFP's), and guide committees through fair, objective, and equitable selection process that is appropriately documented as per governing regulations. Ensure that procurement o ion I s rvi s meets the specific re ' e f e ARP Act. 2 Specific activities for this phase typically include: • Develop RFQ's and RFD's documents • Draft Agreement/Contract • Organize the selection committee(s) • Establish selection criteria • Assist in advertising the Request for Qualifications (RFQ) • Receive and evaluate qualifications • Convene selection committee and develop a short list of the most qualified candidates • Request Proposals (RFP) from the short-list • Receive and evaluate proposals • Convene selection committee and discuss proposals • Conduct interviews of proposers in front of selection committee • Facilitate committee selection of best firm • Negotiate contract with selected firm (if possible, otherwise go to 2nd ranked firm) • Finalize contract and prepare presentation material for governing body and/or executive approval 3 Maintain- appropriate confidentiality and comply with the Open Records process. 4 Provide the Owner's draft Agreement/Contract to include in the RFP, in order to eliminate extended negotiation of terms after selection. 5 Guide the selection process consistent with a project management approach acceptable to Owner. 6 Negotiate financial & related issues to facilitate a finalized A reement/Contract with the selected firm. 7 Coordinate with the Owner's to insure all procedures are in compliance with statutes and regulations. 8 Provide follow-up and de-briefina sessions with non -selected firms. 9 Collect & process all required documents from contracted firms before proceeding with work. (i.e., bonds, insurance, etc.) 10 Issue Notices to Proceed on appropriate phases when all necessary requirements have been completed. 11 Carry out necessary contractual actions and transactions during the various contract phases. 12 With owner concurrence and if required, procure specialty consultants such as surveyor, geotechnical engineer, hazardous material & abatement firms, test & balance firm, commissioning agent, materials testing firms, independent design consultants Construction Contractor Specific Procurement 13 Review standard construction contract for billing, procurement, timelines, change orders, applications for payment and all processes required. 14 Assist Owner with contractor selection criteria and review of contractor qualifications and capability to perform scope of work and comply with schedule, programmina guidelines ands ecifications. 15 Assist Owner in negotiating with Contractors; re -bid or re -negotiate Project if lowest bid or proposal is greater than Project budget after selection of contractor by Owner. 16 After selection of contractor by Owner, assist Architect with transmitting standard procurement requirements to contractors and subcontractors. 17 Review information submitted by contractor to include insurance, employee pay scales, material suppliers, subcontractors list, bonds and financing. Continued Next Pa e Brazos County MEO Page 2 of 5 8/31/2023 41ROADDUS 4ssomns PROJECT MANAGEMENT SERVICES SCOPE OF SERVICES DETAIL Pre -Project Planning Phase (portions may be NIA for•Brazos County MEO) Engineering Design 1 Review all existing Owner baseline data and identify additional engineering and environmental information needed for master Nanninq and design. 2 Assist in the selecoon/procurementtcontracfin-q of consulting firms to perform the work. 3 Provide overall project management of each consultant and work task. 4 Evaluate engineering and environmental studies and apply results to the balance of the planning process. 5 Assist Owner in coordinating critical project issues with local governing a encigs and authorities having jurisdiction. Master Plan nin_q 6 Review e)dstng master plan scope of work documentation and make recommendations for refinement 7 Participate on Owner's behalf in selection/procurementtcontracting of campus master planner. 8 Provide overall project management of the master planning process to ensure that: • Master plan achieves Owner objectives • Cost effective designs are prepared • Design concepts address constructability concerns • Highest caliber design is developed • Issues are resolved in a timely manner • Identify critical design issues relating to campus site and Owner mission • Cost are monitored on an on -going basis 9 Participate in planning workshops and public meetings. 10 Review all draft master planning documentation, including campus site analysis, conceptual plan, precinct studies, and design standards. Make recommendations to enhance value alternatives and identify point of progress for master planner to proceed to develo ment of the final plan. 11 Review master plan development and provide input to Owner and campus master planner regarding implementation and phasing alteratives. Facility Programming 12 Prepare building specific facility space program document to define building specific design criteria and scope of work. 13 Conduct meetings with users and staff to identify and confirm the space program requirements, including but not limited to all required space, adiacencies stacidn-q diagrams, buildina layout, etc. 14 Identify building technical and engineering systems, such as communication systems, special equipment, particular utility o building support services and furniture needs. 15 Identify any special issues related to the site and off -site utilities not already addressed in campus master plan. 16 Prepare program to comply with campus master plan, incorporating standards and design guidelines. 17 Finalize program and facilitate transmission of data to building designer. 18 Transmit data to Designer. Other Pre -Pro "ect Planning Activities 19 Update & expand the master schedule for project. 20 Incorporate a technology & telecommunications Ian & budget into the project 21 Conduct first Project Definition Rating Index PDRI analysis. Best Practice 22 Develop conceptual construction cost estimate for project. 23 Update & refine overall Total Project Budget (TPC) including hard and soft costs. (i.e., construction, design, management, testing, furnishings, equipment permittin connection fees contingencV funds etc. 24 Prepare a Capital Improvement Program (C1P) Planning Tool and scope packages for selected projects, as requested. Documented report format includes: site visits and assessment; scope development for all disciplines; layout sketches and diagrams; cost estimating and budget development; project and procurement execution strategy. Continued Next Page Brazos County MEO Page 3 of 5 8/31/2023 BROADDUS �AssociAzF,s PROJECT MANAGEMENT SERVICES SCOPE OF SERVICES DETAIL Schematic Design Phase 1 I Conduct Partnering Best Practice and kickoff meeting with Owner Designer & others. 2 Communicate all pre -project planning information to Designer. 3 Conduct design meetings between Owner and Designer, document and resolve issues. 4 Prepare Schematic Design cost estimate, conduct reviews of Designer's cost estimate, reconcile, and take action to keep cost under control. 5 Review schedule and conduct schedule optimization sessions . Best Practice 6 Participate in drawing reviews for completeness, constructability, and cost savings. Coordinate, review, and evaluate ali Schematic Design documents submitted by Designers and consultant engineers for compliance with Owner's design guidelines, ace groararn needs and erfo ance ecifi ko 7 Conduct PDRI analysis. Best Practice 8 Provide a formal Constructability Program, complete with documented cost savings and value-added impacts. (Best Practice) 9 If applicable, manage the Historically Underutilized Business HUB subcontracting program for prcject 10 Initiate planning for Commissioning & Stan: -up. Begin this process early to define requirements, costs and achieve aggressive schedules. (Best Practice) 11 Work with County officials and DOR to develop CMAR solicitation, timing of CMAR pre -construction services, early release packages, etc. for inclusion in CMAR solicitation documents. Design Development Phase 1 Oversee Preparation of Design Development Documents addressing architectural, structural, mechanical & electrical systems, materials and other appropriate elements. 2 Conduct regular meetings between Owner & Designer to review and evaluate design documents for compliance with guidelines. 3 Conduct review of schedule. Conduct schedule optimization sessions . Best Practice 4 Provide preliminary design review for code compliance. 5 Prepare Design Development cost estimate, conduct reviews of Designer's cost estimate, reconcile, and take action to keep cost under control. 6 Participate in drawing reviews for completeness, constructability, and cost savings. Coordinate, review, and evaluate all Design Development documents submitted by Designer and its consultants for compliance with Owner's design guidelines, detailed ro r m needs and nerformanc sgecifigations. 7 Conduct PDRI analysis. Best Practice 8 Continue formal Constructabili Program. Best Practice 9 Prepare and present to the County Commissioners for Design Development approval package. 10 Mana a the Historically Underutilized Business HUB subcontracting program goals for roject. 11 Continue plannina for Commissionin & Start-u Best Practice Construction Documents Phase 11 Oversee preparation of Construction Documents addressing all project elements. 2 Conduct design review meetings and project management meetings with Owner to update on progress, financial status, construction issues and use of project contingencies. 3 Coordinate with government entities for any building or statutory reviews and other approvals. 4 Participate in drawing reviews for completeness, constructability, and cost savings. Coordinate, review, and evaluate all Construction Documents submitted by Designers and subconsultants for compliance with owner's design guidelines, detailed program needs and performance specifications before procurement of sub -contractors. (Recommend 30%, 50%, 95% and 0 5 Prepare Construction Documents cost estimate(s), conduct reviews of Designer's and/or CM -at -Risk's cost estimate(s), reconcile and take action to keep cost under control. 6 Review and analyze schedule updates, including major construction elements. Conduct schedule optimization session(s). (Best Practice 7 if CMAR project delivery method, receive Guaranteed Maximum Price (GMP) proposal, evaluate, negotiate, & recommend acceptance. Continued Next Pa e Brazos County MEO Page 4 of 5 8/31/2023 BROADDUS ASSOCIATES PROJECT MANAGEMENT SERVICES SCOPE OF SERVICES DETAIL Construction Documents Phase (Continued) 8 Continue Formal Constructabili Program. Best Practice 9 Implement a Change Management System to control scope creep. Best Practice 10 Manage the Historically Underutilized Business (HUB) subcontracting program outreach to achieve participation goals for project. 11 Plan for Commissioning & Start-up. Best Practice Construction Phase 1 Serve as the Owner's Point of Contact during construction. Conduct construction update meetings at construction sites on a weekly and as -needed basis. 2 Conduct Partnering sessions at beginning of the construction phase to include all subcontractors. Best Practice 3 Review required documents/outlines from Contractor including Quality Control Plan, Safety Plan, Environmental Compliance Plan, HUB Contracting plan, and Texas Architectural Barriers Plan (TAS/TDLR) and report to Contractor and Owner. 4 Review and participate in Construction Manager's buyout of subcontract packages; ensure scope analysis is complete and track ibudaettcontin.gency adiustments. 5 Manage the Historically Underutilized Business HUB subcontracting program for project construction. 6 Evaluate requests for proposed Change Orders and Construction Change Proposals and make recommendations. 7 Conduct site visits and inspections to review work in place and report In a standard format to Owner with reference to facilities standards/specifications, schedules and budgets. Monitor construction progress and advise Owner of any observations of non- conforming scope or quality workmanship. 8 Administer Construction Contract and General Conditions and serve as Owner's representative. 9 Review compliance with all plans. specifications and required terms and conditions and report to Owner on status. 10 Assist Owner in contracting with Independent Testing Firms and review testing program results. (Tests typically include geotechnical, concrete, welding, compaction, etc.) 11 Provide Field and Quali Assurance Oversight. 12 Provide on -sight construction inspection services. 13 Review approved submittals. Obtain Owner approvals needed. 14 Managing the overall information flow during construction including submittals, RFI's, daily reports, photos, & meeting minutes through the Broaddus & Associates Owner In -Site ® Web -based Pro'ect Mana ement System. 15 Continue the Change Management System into construction phase. (Best Practice) Analyze each potential change, estimate cost and schedule, assess its impact, and negotiate the change amount. Execute necessa contract modification documents. 16 If a CM -at -Risk project, track the GMP savings balance and plan for its use or recapture. 17 Monitor Requests For Information RFI's and Designer responsiveness. 18 Coordinate vendors under separate contract to owner, such as security, data telecom move management. 19 Review Contractor's Building Commissioning and Turnover Plan as a part of Planning for Start-up. Best Practice 20 Evaluate payment applications and make recommendations to owner on approval of requests for progress payments. 21 Perform final Inspections and review punch list work. Commissioning and Turnover Phase 1 Plan for furnishing procurement and building turnover. 2 Review the results of the HVAC Test and Balance for compliance with construction contract requirements. 3 Monitor all re -functional testing and check-out for compliance with commissioning Ian. 4 Oversee turnover of all certification documentation and submittals to propera encies on behalf of Owner. 5 Coordinatinqtrainina of facility maintenance staff for familiarization with all systems. Warranty and Occupancy 1 Review all contractual and warranty obligations for compliance including the Issuance of all documents such as operations and maintenance manuals. 2 Generate and deliver tickler file of all warranty deadlines for each project. 3 Coordinate reviews of warranty items after a 30 day and 6 month period. 4 Provide post -occupancy evaluation of facility prior to warranty expiration, typically 11-months following Substantial Completion. Brazos County MEO Page 5 of 5 8/31/2023 EXHIBIT B - SCHEDULE Brazos County - Medical Examiner's Office Program Planning Schedule ON ON •• o©oao�oo©n©no©�oa000n©neon©000©afl000©00000©ono Select Owner's Rep ■■■■■■■■ 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ■■■■■■■■■■■■■■ Interview/Select CMAR Team CMAR Contract / Negotiate PreCoManage ■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■I Design Process Design-Phases■■■■■■■m - - ■■■■■■■■■■■Negotiate ° � DD CD ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■ ■■ ■ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ GMP Price Construction -Early Site& Utilities Pkg. Construction -Building Commissioning & Start -Up Page 1 of 1 Proposed Team Role Pro ed EsocukvoI Personnel We Rate/Hour $ Pr rem manager Vince Yeager 235.00 Senor Project Manager No Project manager ate o t or uost kistannator a ue utl Schedule RovlowcF Brandon Wagner $ 114.00 Tachnot Coordinator Ran Moss $ 110.00 Congo / inspector TBD $ 130.00 Role Rate per Hour Program Manager rood anger Cost st orator Schedule Reviewer y Coordinator Ino oP "'odor, EXHIBIT C - Staffing Plan Fee Proposal v2 Annual Rate Increase 3% Total Hours 6.653 Total Foe f1 105 959.31 Estimated Totalm Budget 4,000,0W Fee % of toPra mm Bud cl4.5111. AnUd t Duration months 26 AverageMeng! "a $42 637 Base Cost/Month o Oct- Nov- o0 Total Hrs Amount r ont onth HrsJMonth Hrullvant 160 160 16D -ITS-- ours ours ours ours 40 2 10 10 80 S 18.860- so 80 0 0 0 10 10 1.1 0 1, '124,1 1091 - � 10 41 S $4 9J 1206611 az2,906 a22,5u5 a27,110 Role Role per Hour Jan-24Feb-24Mar-24 I A -24 M -21 I Jun-24 JUI-24 Aug,24 S.24 Oct-24 Nov.21 I Pao- 4 Total His Amount Hre/Month HmWonth HmMonth Hm(Month HmIManth HmlMonth HrwMonlh rs/Month Mra04onlh r1JMonth HralMonth Hr /Month 168 160 184 160 176 176 160 164 160 176 160 128 Ours ollla aura Hours aura ours oera Hours Hours ours Hours--Hours- Program Manager 2-42-OT 20 10 12 20 20 20 20 30 20 20 20 10 222 5 53,735 Project Manager $ 229.59 80 80 80 80 100 100 130 160 160 160 160 160 IA50 $ 333.051 Cost Estimator $ 128.75 20 20 20 60 6 7,725 Schedule Reviewer $ 117.42 15 15 15 15 15 15 15 105 $ 12,329 Tochnolo Coordinator $ 113.30 4 4 4 4 4 4 4 4 4 4 4 4 48 543B ConRe ns oUor 133.00 40 40 8o 60 80 8o 80 60 560 $ 74,984 -.--b,. '+. SETolalt q ,:::.;.i�i _ -101E Arse P& 1441 �..:rti"-:dGGY BFGeeli .124e n; ,�1,19f 1G/r: :7z. 24f a2T! , 1:1 4271 17 -7,11, 2.145' S 417'2G2 Ease uosumunin a27,o6v a AMA sa7aJ3 a20,Z44 a31,906 a23,619 a471627 a56,938 504,016 554,578 a54161U i52,Utw Role Rate per Hour Jon-25 Feb-25 Mar-25 -25 Ma -25 un-25 Jul-25 A -25 60 25 Oct-25 Total Hrs Amount TOTAL TOTALTOTAL FEE MM/Monlh Hrs(Month Hts/Month /M Hraanth Hm(Month Hm/Month HmManth HinwManth HmlMonlh Hrs/Month 176 168 166 1 B 1 60 1 6 176 60 184 Hours ours -Few-- muta ours arm eras ours Olse_71ours, Program Manager f 243.08 12 12 12 12 1 12 12 l2 12 14 122 $ 29.656 424.00 '102 150.86 Pro ad Mana or $ 230.72 160 180 160 160 160 160 100 160 160 160 1,800 $ 309,152 3.370.00 $773,562.50 Cost Estimator $ 129.7E 75.00 $O 600. Schedule Reviewer $ 118.45 15 15 15 15 15 15 15 105 $ 12437 220.00 126906.35 Tachnol Coordinalor $ 114.33 4 4 4 4 4 4 4 4 4 4 40 $ 4573 104.00 f11771..o Congo /Ins ctor $ 134.93 80 80 80 8o 80 80 80 Bo so a0 800 S 107,944 1,360.00 $162 9211.00 8+1; :: 1AP.'1TotalRr'-.r A'%•>4l 1:27,1Y ` r.. +4; 2671:± a„J�RT7! .:.•-1i;27a i"+-:�_?cF271 :; 1�-f271x ".:._i 171 ..e'25a .:. 25a 25a' 2jr"7. 4 52J 7i2" Base CosNMonOr 52,861 62,867 5T,861 552,861 f52,861 f52,861 f62,061 jr f57,OB1 51,570 HourstmonRr account for holidays and ChrlstmaslNew year break 0 MOTlOROLrA SOLUTIONS July 11, 2023 Re: License Plate Recognition Sole Source Justification To whom it may concern, I am providing this letter as -written confirmation of the ownership and market status of out license plate recognition (LPR) systems. 'Motorola Solutions is the sole manufacturer of our LPR products; Car - Detector Mobile, Car-Qetector Fixed, iSF (fixed), L5M (mobile), Reaper HD (fixed and -mobile), LSQ, and LSQ (quick deploy) camera systems. Additionally; It is the sole provider of our Commercial Data investigative platform, Law Enforcement Archival Reporting- Network. (LEARN), LEARN Mobile, Mobile Companion DOS and Androld App), and the Target Alert Service (TAS). We appreciate your. consideration of expanding your relationship with and use of -Motorola as your LPR provider. We are. pleased to present you with the following elements to support a sole source Justification for Motorola's LPR hardware and LEARN. Motorola developed, owns and maintains the world's single largest LPR data sharing initiative, known as LEARN. LEARN consists of over 40+ billion. plate detections and Is growing exponentially. This data consisMof commercially collected LPR data owned by Motorola (Commercial'Data), Private -businesses, and HOAs(Enterprise Data) and detections from fellow law enforcement customers. This data is exclusively available -for law enforcement customer investigations via LEARN. e Commercial Data is significant, with over 20+ billion detections. These detections are critical to law enforcement investigators and are only available through Motorola Solutions. a LEARN Is the only LPR database hosted in an Az6re.gov environment that is C1IS compliant. Of greater relevance, law enforcement'hotlist information, such as FBFNCIC data, that Is managed by Motorola law_enforcement customers, contains CJl as defined -in 4.i of the CAS Security Policy. Effective March 21, 2022, the U.S. Department of Justice determirled-that NCIC LPR data contains personally Identifiabloinformation'and meets the definition of Criminal Justice Information;(CJI).. For these.reascns, Motorola has voluntarily implemented CIIS security controls we belleve are necessary to comply With the relevant.sections. • LEARN features full auditing and reporting of all user and agency managertransactions within the LEARN system. Only agencies with an Originating Agency Identifier (ORI) number can access LEARN law enforcement data. Agency collected data access and retention policies are managed by the customer. UnliMited LPR data storage is offered at no additional cost to Motorola's Public Safety customers, with no retention limits within the legal bounds of the,respective state law., • Motorola offers full -data sharing ownershtp.and control to the individual. customer. Motorola will not use law enforcement customer data for any purpose. LE Data will never be sold to third - parties: a Oi11y Motorola offers in-app alerting in Mobile Companion. These include all hot4ist and Excesshre Plate detection. Motorola soluuons lam Sooty. Monroe st Chicago ll. 60661 t1riOrOROLA SOLUTIONS a Motorola's LPR hardware can only be accessed by utilizing the LEARN server. Third-party'LPR vendors cannot ingest our detections directly from our cameras. Conversely, we can consume competitors' LPR data directly from their cameras or API. a Motorola is the sole LPR provider to offer all of these Investigative analytic tools to assist In developing leads in a law enforcement investigation in one place; o QulckSearch- Full & Partial plate, Smart Wildcard, Vehicle Type, Body Class, Make, Model, Year, Color, Registration State, and VIN searching. Only Vigilant offers bIN searching. o Stakeout- Define locations on a map (up to 30) using geo-boundaries to create groupings of detections. The groupings can show site visits of individual LPR vehicles and theirdetectlohs. Stakeout will show duplicated vehicles across multiple locations in a Common Plate Report. With a known target plate, associated vehicles can be identified. o Locate Analysis- Provides a full analytical.workup of a vehicle based on location data. This analysis will provide location data and the most popular time the vehicle has been seen at the location. ' o Location Vehicles -Allows users to quickly view 50 vehicles that were scanned before and after this unique detection. The user can adjust the number of viewable vehicles to 250. o Associated Vehicles- Quickly identify vehicles scanned within 250 feet of the selected vehicle at three or more locations, where each of the locations was separa> ed by more than a mile. o Convoy Analysis- Quickly identify, vehicles that may be following the selected vehicle through three -or more fixed LPR locations and proactively create an alert if requested. Only Vigilant offers automatic alerting. • New detections can be cross-referenced against user -defined Federal (NCIC), State, and local hotlists, allowing users to receive near real-time alerts in andtoutslde their jurisdiction. Motorola is the only LPR provider whose hotllsts are directly shareable by the customer and have customizable hotlist user alerts. With Motorola, you can choose which users get what alerts. i I • Motorola is the sole LPR -provider that utilizes the Vulcan AI Engine to deWmine:Make, Model, Vehicle Type, and Color from new detections and analyze its existing database detections to create a comprehensive'data set of hundreds of millions unique plates. • Motorola is the sole LPR provider that offers free access to the Vigilant Solutions law Enforcement Academy (VSLEA) for LPR training. This training is being provided via!webinar, on - demand, or in -person. Motorola is the only LPR provider that offers CAROST and IADLEST certified LPR training classes. • Motorola is -the sole LPR providerto offer a complete.end-to-end LPR solution. Multi -tens, multi - sensor cameras (Reaper HD, LSM, and 1.517), single lens, single sensor, quick -deploy, solar cameras (L.SQ and L6Q), as well as purpose built LPR trailers. I Best regards, Nicole Talton i MSSSI Vice President I Motorola solutions Inc. 500 W. Monroe St i l Chicago IL 60661 � I www;mototolnsolutians.com ! l 0 V I G'l L A N T' 0 L U T 1 0 N S Attn: Rob Santarsiero R� rence: ve In'" t1dative Data Platform (IDP) ,- s g Quote By: Dede, Summerville Data: 08-30-23 k A F V1131LANT O'LUT IQ N S Vigilant Solutions, LLC RO Box 841001' Dallas, Texas 75202 (P) 925-398-2079 (F) 925.398.2113 Prepared For: Brazos County Sheriffs Office. -Attention: Rob 6antersiero Investigative Data Platform (!DP) 0 woroRoza sowrro1ve QUOTATION-- 0-S-QU07-02 IF DATE:08-30-23 _. PROJECT QUOTATION . We at tgilant Solutions, LLC are pleased to quote the following systems for the above referenced project., iDeliverables'l Materials ( Services .Qty Sell Price Amount Multi-Plate.Upgrade Single User License (with Vigilant Licensed Hardware) 5 $0,00 $0.00 VS-MC-MP-H Mobile Companion license Upgrade for one (1) User .Upgrade allows• unlimited use of multi -plate Scan feature Requires:eiAsting:Mobile:Companion License Priced Is per license billed annually as a Subscription InvestigaBve Data Platform -Annual Subscription for 51 to 100 Sworn - State 1 $11,260.00 $11,260,00 and local VS-IDP-01 Commercial LPR We access - For 51 to 100 Swam Access to all Vigllaat commercially acquired.•riational.vehicle location data Unlimited use by authorized agency personnel to complete suite of LEARN data analytics Includes full use of hosted/managed LPR server account via LEARN ComparlsonMenagerwith.publicmugshotgallery Access, For M to 100 Sworn Access to all agency/shared images and public mugshot gallery Unlimited use by authodzed-agency-personnet to all ComparisonManager tools Image gallery of up to 5,000 images i t 11 Page 1 of 9 0 Notes: 1. All prices are quoted in USD and will expire 90 days from the date.of the Quote. 2 This Quote will expire in 00. Days from the date of the Quote. 3. MSI's Mastet CustomerAgreement: hitpsJwAvwmotorolasolutionsicom/en_us/abbuUlegai.html (and all. applicable addenda) shall govern tiie'products- & services and is incotporated: herein by this reference. Any free services provided underthis offer are provided AS IS with no express or implied warranty Quoted by: Dede.Summerville -,Account Manager - 9,16-516-3671 -dede.sumrnerVilte@motorolasolutiotis.com i Page 2 of 3 1 , Contract Terms.Acknowledgement This Contract Terms Acknowledgement (this "Acknowledgement") is entered into between Vigilant Solutions, LLC, a Delaware corporation ("Vigilant") and the entity set forth in the signature block below ("Customer"). vigilant and :Customer will each be referred to herein as a "Party" and collectively as the "Parties". 1. Contract Terms Acknowledgement. Customer acknowledges that they have received Statements -of Work that describe the services provided on this Agreement. Parties acknowledge and agree that -the , terms'df the Master Customer Agreement ("MCA"), including all applicable Addenda, shall apply t the Services set forth In the accompanying Ordering Document. Vigilant's Terms and Conditions, available at https://www.motorolas;lutions.com/en_us/about/iegal.html, including:the Master Customer'Agreement, is incorporated herein by,this reference, By signing the,signature block below, Customer certifies that it has readand agrees to the provisions set forth in this Acknowledgement and the signatory to this Acknowledgement represents . and warrants that he or she has the requisite authority to ;bind Customer to this Acknowledgement. I 2. Entire Agreement. This Acknowledgement, including the accompanying Ordering Document, supplements'the terms of the MCA,. applicable Addenda, and Ordering Documents entered between the Parties and forms a part of the Parties' Agreement. i i 3. Disputes; Governing Law. Sections 12 — Disputes. Parties agree lo amend the Governing Law in Section 12— Disputes to the following: Texas Law will control this Agreement. The exdlusivd jurisdiction and venuetfor any and all actions arising out -of or brought under the Agrdemdht is in a.state cou of competent jurisdiction, situated -in the county in the State of Texas. t , Execution and Amendments. This Acknowledgement may be executed In multiple counterparts and will have the same legal force and effect as if the Parties had executed it as a sinkle document. The Parties may sign in writing or by electronic signature. An electronic signature, facsimile copy, or computer image of a signature will be treated, and will have the same effect as an original signature, and will have the same effect, as an original signed copy of this document. This Acknowledgement may be amended or modified only by a written instrument,signed by authorized representatives .of both Parties. Ii i The. Parties hereby enter into this Acknowledgement as of the last slgnature date below. Customer: 1✓� �St XrrY E Signature: I I Title: D LA_ 60—IL let bG oLLA, ud e G brazCsco h vnt �9 f Email: �� r Date: a a - Page 3 of 3 FIRST AMENDMENT TO GRIT TRAP PUMPING CONTRACT DATED SEPTEMBER 1, 2023 On September 1, 2023, Brazos County, Texas ("County") and G&L Wastewater, LLC ("G&L") entered contract for grit trap pumping. Subsequently, conditions have changed, and County and G&L have agreed to amend the contract as set forth below: 1. The following clause is deleted from the Contract: "Statutory Workers. Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011)." 2. The following section is added to the Contract immediately prior to the LMI TATIONS clause on page 5 of the contract. Agreement in lieu of workers compensation insurance: 1. G&L and its individual owners, Anita Jacobs and David B. Jacobs release County from any and all liability arising out of or related to the Contract, including but not limited to, personal injuries suffered by said individuals during the performance of the Contract. 2. G&L and its individual owners, Anita Jacobs and David B. Jacobs hereby certify that no other individuals, whether employees or subcontractors of S,,G&L, will be involved in the services provided by G&L under the Contract. Signed this day of c)40To 2023. Texas Honorable Duane Peters Brazos County Judge G&L LLC Anita Jacobs (/ Individually and Co -Owner of G&L At st• are cQueen D vid B. Jfb Brazos County .ler - Individualner of G&l., REQUEST FOR INFORMAL QUOTE IQ NO.24-012 Grit Trap Pumping INFORMAL QUOTES TO BE SUBMITTED BEFORE: Thursday, August 3, 2023 2:OOpm 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 informal quote from the issuing date of the solicitation until the date the Brazos County Commissioners Court meets to consider award of the quote. Any such contact will be grounds for rejection of the Respondent's quote. 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. r �. Company Nare: �� L &(v By (Print): `A-& - Title: Physical Address: Mailing Address: Telephone: II' . C.&Y Quote Request No. 24-012 Page 2 of 12 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., Thursday, August 3, 2023, at which time quotes will be publicly opened and read aloud. A. SCOPE OF QUOTE Brazos County is soliciting quotes for pumping of grit traps and disposal of the contents. Grit traps are to be pumped a minimum of four (4) times per year per contract period in addition to an "as needed" basis. To visually inspect the pump locations, please call Ernest Stutts at 979-361- 4460. 1. Locations of Grit Traps: a. Brazos County Exposition Complex: Fourteen (14) Grit Traps: Seven (7) traps with 750-gallon capacity, seven (7) with 500-gallons capacity b. Brazos County Fleet Services Building: One (1) Grit trap with 2000 gallons capacity c. Brazos County Juvenile Building: One (1) Grit trap with 500 gallons capacity Quotes are solicited for grit trap pumping services set forth in this quote request for a two (2) year period beginning October 1, 2023, through September 30, 2025, 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. CONMSSIONERS' 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. 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. RESPONDENT — Any supplier or vendor responding to the quote request. 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. IQ No. 24-012 Page 3 of 12 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 should submit them in writing via the Brazos Valley Online Bidding System at https://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 the 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. IQ No. 24-012 Page 4 of 12 15. This agreement 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 bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder 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 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 Respondent 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 quote 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 firm. 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 forml295.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 IQ No. 24-012 Page 5 of 12 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 Online Bidding System 0Ms://brazosbidJonwave.net) after quote 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 the 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 IQ No. 24-012 Page 6 of 12 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 200 South Texas Ave, Suite 218 Bryan, TX 77803 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 be governed 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 law. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 38. The Respondent(s) understands that Brazos County is a government subject to Texas State and Federal public information statutes. 39. 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.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 IQ No. 24-012 Page 7 of 12 unless otherwise negotiated and agreed by both parties. 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 or $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 $2,000,000 aggregate, $1,000,000 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. D. SPECIFICATIONS 1. Brazos County Department will schedule pump cleanings a minimum of four (4) times per year during a contract period in addition to an "as needed" basis. 2. It is the Contractors responsibility to dispose of all pumped material in accordance with all state and local laws, rules, and regulations. 3. Contractor is required to maintain current up to date licenses, permits, and certifications to be in compliance with all state and local laws, rules, and regulations. 4. Contractor will invoice the requesting department as well as provide a weight ticket at time of invoicing to ensure proper payment will be made by Brazos County. IQ No. 24-012 Page 8 of 12 E. QUOTATIONS The following is an estimate of our anticipated schedule grit trap pumps and will be used ONLY for tabulation purposes. The specif ed estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. Location Quantity Gallon/Tank Cost/Gallon Pumped 1 Exposition Center Seven (7) 750 - 8� GPX1�%5 5827 Leonard Road dl 11 2 Exposition Center Seven (7) 500 .e, � g� Calms r>0-r,�� 5827 Leonard Road a lLoyL' `�" 3 Fleet Services Facility One (1) 2000 C9-�-'� 1601 Louis St m� a l' O& 4 Juvenile Detention 1904 W State Hwy 21 One (1) 500 a a"MiS pl�r- t °(`?'MPS ,�1 5 How many days will service be done after request? !days M"n �-eS Name: _C `� VV 6 Contact Information for 10ate; d � A �' ` ) Service Request: ll Phone #: 9 —1A r IQ No. 24-012 Page 9 of 12 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: z Contact: J��(� 1 S �3 2,— L p `I - '�'I 6 (4 Phone: U _ 4 (0 ` "9%(0 Email: Company/Entity: Contact: T 6 !9m\-A— Phone: RIR-- ?LA �O - A aaa Email: ; :. x.....; r '•'�`, ''p#.,- --- -�- °a..' a 3i' R ol;daled -IS Contact: , ] C) f Ue-roa Phone: S�9\ --- �O I JI LD R , Email: - 1 ka-rko-nJe-ir- 0 n1 ce., ra A IQ No. 24-012 Page 10 of 12 G. CERTIFICATION OF QUOTE By signing the certification below, the Respondent verifies that all plans and specifications have been reviewed and are considered in the pricing attached. Prior to award, the Respondent also completes the Verification of No Delinquent Taxes or Fees form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certification Form, and the Disclosure of Interested Parties (1295). These are available on the Brazos County Purchasing website. The undersigned affirms that they are duly authorized execute this contract, that this quote. has not been prepared in collusion with any other vendor, and that the contents of this quote have not been communicated tgpny other venoct}prior to the official opening of this quote. Signed By: Typed Name: _ Company Name: Phone: q 6,�,L1 Title: CD ^ ow �� Vr &Ntces ' LLG Mailing Address: Email Address: 0� 1 Vendor Tax Identification Number: 6L,.1. ccsrv� 4 (Y— o"I D END OF INFORMAL QUOTE REQUEST NO.24-012 By signing below, Brazos County agrees that this quote, 24-012, will be awarded as dictated on the associated quote tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and co itions can wed herein. By:�— /� Brazos County Commissioner's Court: Pu r� P eTe-3 , lid (kiu-1.7-4 dam c Date: A lA-& i. s i cl , ` -0 a 3 Attest: Brazos County Clerk: Mc Q L&&x tj The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. L"References (Section F) ❑ All Addendums (if applicable) 0 Certification of Sid (Section I) Bid #24-013 Carpet Cleaning October 1, 2023 - September 30, 2025 Item # Location Estimated SQFT Asure Carpet Ambassador Services LLC Blackmon Mooring of Texas, LLC 1 Ag Extension 3,100 $700.00 $465.00 $930.00 2 Adult Probabtion 11,500 $2,300.00 $1,725.00 $2,875.00 3 1 Brazos Center 9,400 $400.00 $1,410.00 $2,350.00 4 Health Department 8,430 $800.00 $1,264.50 $2,107.00 5 Juvenile Justice Center 32,200 $7,500.00 $4,830.00 $7,084.00 6 Tax Office 6,000 $900.00 $900.00 $1,500.00 7 Maxwell Building 6,400 $900.00 $960.00 $1,500.00 8 Justice of the Peace Pct 3 2,700 $500.00 $405.00 $810.00 9 Courthouse 53,000 $8,500.00 $7,950.00 $10,600.00 10 Administration Building 47,300 $4,600.00 $7,095.00 $9,460.00 11 Sheriff's Office 12,000 $2,000.00 $1,800.00 $3,000.00 12 Exposition Complex 24,350 $3,500.00 $3,652.50 $5,357.00 13 Lily Building 2,950 $500.00 $442.50 $885.00 14 lConstable Pct. 1 365 $150.00 $91.25 $273.00 15 Jail Administration 9,400 $2,700.00 $1,410.00 $2,350.00 16 Cost per Square Foot for Spot Cleaning $100.00 minimun charge and additional $.50 sq ft. $0.15 $250.00 17 Cost per Chair Upholstery $14.50 $1.00 $30.00 Totals $36,064.50 $34,401.90 $51,361.00 Recommended Award: Ambassador Services LLC day of �� M't&3 by �777=o—lding the position of O U �T� J Lt c7 & REQUEST FOR:INVORMAL. QUOTE :..IQ NO.24-013 Carpet -Cleaning .INFORMAL QUOTES TO BE SUBMITTED BEFORE.: Thursday, August- 3, :2023 2:00pm -CST TO- THE : BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas: Ave. Suite 352 Bryan, TX 77803, Phone: (979) 3614290 Fax: (979) 361-4293 : Respondents, theii employees and/or representatives are prohibited from contacting any official or employee ' of Brazos -County, except the Purchasing Agent, • regarding this informal quote from the issuing date of the solicitation until the date the Brazos -County Commissioners Court meets to consider award of the quote. Any such contact will. be grounds for rejection of the Respondent's quote.. 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 price''. set forth on the quote form: Company Name: Ambassador Services, .LLC By.(Print): Amanda Grissom, Title: SalesA Marketing Coordinator Physical Address: 11710 North*Freeway; Suite 200; Houston, TX 77060:.. Mailing•Address: 11710 North Freeway, Suite 200, Houston, TX 7.7060 -Telephone: 281-727-0117 ' 1~ax:.281-727-0147 E-Mail: amanda.gdssom@ambassadorusa.com IQ .No.. 24-013 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 ».m., Thursd'ay; Ausust 3, 2023, at Which time, quotes will.be publicly: open6dand read aloud. :. A. SCOPE OF QUOTE Quotes are:solioited for carpet cleaning for all Brazos County buildings set forth in this quote. •• request -for a one (1) year period beginning: October 1, 2023 through Sentember30,.2025 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 Respondents) 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. COMMSSIONERS' 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. 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 ih:this quote request. ` - g. RESPONDENT — Any supplier or vendor responding to the quote request. 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 Respoiident(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.. - should submit them in writing -via:. the . Brazos Valley Online* Bidding: -System at _https:/Ibrazosbid.ion-wave.net. IQ No. 24-013 Page 3 of 11 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 the Respondent considered to be the best value to Brazos County. 13. Ai"rs@hMdjmasa?pr 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 agreement 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 bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder 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 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 - :.. IQ :No. 24-013 Page 4 of 11 reasonable time of the specified delivery. in the quote, the entire order or contract may be canceled, and. the Respondent 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 clegUI marked with Vendor Name and Quote Number• to ensure proper recognition upon its arriva Nl. Quotes will not•be considered if.subii tfed'by telephone, fax or any. other means of rapid dispatch; nor:will a quote 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 BrazosCounty Purchasing - Department will not be accepted: 20. It -is the Respondent'-s- sole_ responsibility to printand' review. all pages of -the- quote document, attachments, questions and responses,. addenda, and :special notices. - The Certification of Quote Form must be completed toAnclude- full firm name, mailing . address, telephone. number, email address,. Vendor Tax Identif cation number: and- signed by an authorized representative of the firm: Failure to provide signature on the Certif eatiori' �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 •agree s to comply. with: H_ B 1295, Government Code 2252.908. Respondent(•§) - agrees to provide Brazos County the `Certificate of Interested Parties, "Form 1295 as required, pending award,. renewal, amended or extended contract. = Y-isithtq)s://etliic§.*state.tx.us/whatsnew/elf. info form.1295.1itm 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 terns 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 furnigh'quote results over the phone. Informal -Quote results and tabulation sheets . will be : posted .on. the Brazos ;Valley Online Bidding System:,: (hops://brazosbid.ionwave.net) after quote :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. IQ No. 24-013 Page 5 of 11 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 the 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 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 200 South Texas Ave, Suite 218 Bryan, TX 77803 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 IQ No. 24-013 Page 6 of 11 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 be governed 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 law. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 38. The Respondent(s) understands that Brazos County is a government subject to Texas State and Federal public information statutes. 39. 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. 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 $2,000,000 aggregate, $1,000,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. IQ No. 24-013 Page 7 of 11 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. D. SPECIFICATIONS Brazos County is soliciting quotes 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 daily and may need an entire buildings carpet cleaned. Carpet cleaning service will be on an "as need basis". All other tools, implements, personnel, supervision, labor, supplies, equipment, vehicles, and all other efforts necessary to carry out the services as required for this operation will be provided by the successful respondent. E. SPECIAL PROVISIONS 1. Contractor shall provide a truck mounted unit for all carpet cleaning done for Brazos County. 2. Contractor's truck mounted cleaning system must have suction of no less than 285 cfin. 3. Contractor shall dump all evacuated wastewater from the cleaning of carpets into a sanitation system in accordance with EPA regulations. 4. When carpet, spot treatment, and/or upholstery cleaning is needed, the Brazos County Building Maintenance Department will schedule the service with the Contractor. 5. Contractor must be able to provide carpet cleaning services between the hours of 8:00 AM — 5:00 PM Monday -Friday. 6. Contractor must receive a purchase order from the Brazos County Building Maintenance department before starting any work. 7. Once service is completed, the Contractor will send all invoices to the Brazos County Building Maintenance department located at 206 N. Washington Ave. Bryan, Texas _1 77803 to the attention of Shelley Turek. IQ No. 24-013 Page 8 of 11 8. Contractor will provide the purchase order #, location, square footage, and date that was serviced on each invoice. 9. Contractor shall provide quotes for each location. Square footage is provided below. 10. Contractor must provide a quote per square footage for spot cleaning and treatments. 11. Quotes provided shall include any fuel charges, freight, and/or other associated miscellaneous cost nor specified herein. F. QUOTATIONS The following is an estimate of our anticipated carpet cleaning services 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. Installation of new equipment should be considered in your monthly price; no additional fee should be added. Location Estimated SQ FT Cost Ag Extension 3100 $ 465.00 Adult Probation 11,500 $ 1,725.00 Brazos Center 9,400 $ 1,410.00 Health Department 8,430 $1,264.50 Juvenile Justice 32,200 Center $4,830.00 Tax Office 6,000 $ 900.00 Maxwell Building 6,400 $ 960.00 Justice of the Peace 2,700 Pet. 3 $ 405.00 Courthouse 53,000 $ 7,950.00 Administration 47,300 Building $ 7,095.00 Sheriffs Office 12,000 $ 1,800.00 Exposition Complex 24,350 $ 3,652.50 IQ No. 24-013 Page 9 of 11 Lily Building 2,950 $ 442.50 Constable Pct .1 365 $ 91.25 Jail Administration 9,400 $ 1,410.00 Quote for Spot Cost Per Square Foot Cleaning $ 0.15 Quote for Chair Cost Per Chair Upholstery $1.00 Additional Fees if any TOTAL Fags $34,400.75 Contact Information for Respondent: NAME Amanda Grissom PHONE M 281-727-0117 EMAIL: amanda.grissom@ambassadorusa.com IQ No. 24-013 Page 10 of 11 G. 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 quote. Respondent(s) are not allowed to use Brazos County as a reference. Company/Entity: Landrys Contact: Steve Howe Phone: 832-647-8873 Email: showe@idry.com Company/Entity: City of Houston Contact: Kenneth Smith Phone: 832-393-5012 Email: kenneth.smith@houstontx.gov Company/Entity: City of Dallas Contact: Armando Rios Phone: 214-490-3630 Email: armando.dos@dallas.gov IQ No. 24-013 Page 11 of 11 H. CERTIFICATION OF QUOTE By signing the certification below, the Respondent verifies that all plans and specifications have been reviewed and are considered in the pricing attached. Prior to award, the Respondent also completes the Verification of No Delinquent Taxes or Fees form (V.T.C.A. LOCAL GOVERNMENT CODE §262.0276), Legislative Certification Form, and the Disclosure of Interested Parties (1295). These are,available on the Brazos County Purchasing website. 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: aAfY\(J\r%AJ t, -&-- 1 � - �-- Typed Name: Amanda Grissom Title: Company Name: Ambassador Services, LLC Phone: 281-727-0117 Mailing Address: 11710 Borth Freeway, Suite 200 Houston, TX 77060 Email Address: amanda.grissom@ambassadorusa.com Vendor Tax Identification Number: 74-3229588 Sales & Marketing Coordinator END OF INFORMAL QUOTE REQUEST NO.24-013 By signing below, Brazos County agrees that this quote, 24-013, will be awarded as dictated on the associated quote tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and conditions cen ame ein. _ By: pp Brazos County Commissioner's Court: Uk& A W E- P6 ' tMS' COU QTY Tu Db C Date: S+G �� la, 010 al3 e Brazos County Clerk: • The following items should be completed and included in your quote submission. Failure to include these items will disqualify your quote. ❑ References (Section G) ❑ All Addendums (if applicable) 11 Certification of Bid (Section .1) COPIER MAINTENANCE SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S. Texas Ave., Ste. 352 Contract No. 24-017 Bryan, Texas 77803 Page 1 of 11 Pages Telephone (979) 3614292 GENERAL REQUIREMENT FOR CONTRACT L Dana Daniels as a duly authorized representative of Dahill Office Technology Corporation dba XB$SW "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. TERM The term of this contract will be for one (1) year, beginning October 1, 2023 through September 30, 2024. PREVAILING WAGES RATES The Contractor shall be responsible for following all provisions of Chapter 2258 of the Government Code relating to the payment of prevailing wages. The wage rates to be used are included in Exhibit B attached. A Contractor or subcontractor who violates this section shall pay Brazos County $60 for each worker employed for each calendar day or part of the day the worker is paid less than the wage rates stipulated in Exhibit B. 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, Legislative Certification & 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 Contract No. 24-017 BRAZOS COUNTY, TEXAS Page 2 of 11 Pages 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.tx.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. 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. 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. Contract No. 24-017 BRAZOS COUNTY, TEXAS Page 3 of 11 Pages In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations a minimum of thirty (30) days in advance. SUBCONTRACTING Any subcontracting must be approved prior to commencement of the Contract 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 materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/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. Contract No. 24-017 BRAZOS COUNTY, TEXAS Page 4 of 11 Pages GOVERNING FORMS In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms, conditions, provisions, and specifications provided by the contractor; the terms of this contract shall supersede. GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically, the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal; state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 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. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. COMPLIANCE WITH LAW 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. The Contractor shall perform and require all subcontractors to perform 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, then such code conditions shall prevail. 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. 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. Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. Contract No. 24-017 BRAZOS COUNTY, TEXAS Page 5 of 11 Pages 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 requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. Waiver of subrogation is required. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a $ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without inior auproval by the Commissioners Court/Risk Management. BRAZOS COUNTY, TEXAS Contract No. 24-017 Page 6 of 11 Pages (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract, whether owned, non -owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. 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 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 BRAZOS COUNTY, TEXAS CONTRACTOR: Sales Contract Name: Phone Number: Contract No. 24-017 Page 7 of 11 Pages Billing Info: Copier Maintenance 210-805-8200 dahill.paymyinvoice@xerox.com ServiceContract FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 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 All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 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. Contract No. 24-017 BRAZOS COUNTY, TEXAS Page 8 of 11 Pages 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. INDEIVINIFICATION 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. BRAZOS COUNTY, TEXAS V.T.C.A. LOCAL GOVERNMENT CODE §262.0276 Contract No. 24-017 Page 9 of 11 Pages THIS SECTION MUST BE COMPLETED. FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE BID. Brazos County shall refuse to enter into a contract or other transaction with a person who owes _a debt to the County per V.T.C.A Local Government Code §262.0276. a. This. refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. ' "Person" includes ' an individual, sole proprietorship; corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising - from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non -responsive" and "not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by'a "person" indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title (Owner, Officer, Director, Manager, Etc.) Brad Rollins CEO and President Doug Vroegh VP of Finance Admin Tony Damaini Senior VP of Inventory BRAZOS COUNTY, TEXAS Contract No. 24-017 Page 10 of 11 Pages 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 (EPLS, https://www.sanLgov), 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 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 a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity -or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the verification is not required. Company Name: Dahill Office Technology Corporation dba Xerox Business Solutions Southwest Authorized Company Representative: Dana Daniels Address:8200 IH-10 West, Ste. 400 San Antonio, TX 78230 bona bani#& Signature: 9/5/2023 Contract M 24-017 BRAZOS COUNTY, TEXAS Contract No. 24-017 Page 11 of 11 Pages 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) ® Legislative Certification & Debarment Verification (PAGE 10) la Certification of Sid (PAGE 11) 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 bid. Signed By: baKa•baictefy Typed Name: Dana Daniels Company Name: Dahill Office Technology Corporation dba Xerox Business Solutions Southwest Email Address: Dana. Daniels@xerox.com Title: VP of Strategic Accounts Phone Number: 210-805-8200 Mailing Address: 8200 IH-10 West, Ste. 400, San Antonio, Texas 78230 P.O. Box or Street City Employer Identification Number: 58-2481442 State Zip p ed Commiss ers' Court on this + day ofSeft5Mg�023 by g the position of 60 bLVJT4 Z& D 6 t v3 XBS Southwest ("Company") DEALa. 511505 WERE= SALES AND SERVICE AGREEMENT • CUSTOMER NAME CUSTOMER NAME BRAZOS COUNTY BRAZOS COUNTY ADDRESS ADDRESS 200 S. TEXAS AVE SUITE 218 200 S. TEXAS AVE SUITE 218 / PO BOX 914 CITY, STATE, ZIP CITY, STATE, ZIP BRYAN, TX 77803 SILL TO CONTACT PERSON BILL TO PHONE NUMBER SHIP TO CONTACT PERSON SHIP TO PHONE 0 SUMMER DUBEC 979-361-4492 SUMMER DUBEC 979-361-4492 PILL TO EMAIL BILL TO FAX# SHIP TO EMAIL SHIP TO FAX 7 SDUBEC a@BRAZOSCOUNTYTX.GOV SDUBEC@BRAZOSCOUNTYTX.GOV TERMS OF PAYMENT: NET TEN b THIRTY 30 DAYS FROM DATE OF INVOICE • IF MORE THAN ONE "SHIP TO" LOCATION, SEE PRODUCT SCHEDULES SALES PERSON CUSTOMER PURCHASE ORDER NUMBER CONTRACT NEW QADD El REPLACE MARK HITi' _ CONTRACT PRODUCTS SEE PRODUCT SCHEDULE SEE PRODUCT SCHEDULE SEE PRODUCT SCHEDULE 31,620.00M.O. See Product Schedules SEE TRADE-IN EQUIPMENT/ LEASE RETURN FORM SUBTOTAL al,szaoomlo. ❑ ❑ SPECIAL SERVICES FEES NOTES IADJUSTMENTS DETAILS, OTHERADJUSTMENTS MAINTENANCE AGREEMENT ONLY,. CASHAMOUNT ::, Total Monthly $1.620.001MO. MAINTENANCE • ■ Payment CASH SALE RENTAL Term In Months: 12 Actual start date based on delivery or lease -.y ..�,�,.... , LEASE Q✓ MAINTENANCE ONLY Proposed Start Date: 10I1l2023 SELECT,QNE commencement • • bor, drums and supplies; excluding paper and staples From commencementof new lease agreemeg Customer Will have no further:.' L]ZIlabor, InGudirtg dims exdudinp auppues paper end staples otillmdSco on tease numbers (fi o e i tees"ortaxes wtll-be ]La.c er ndicate I' a .. R "` ;�; y r ',<� Invoiced ssparetelyl;by XBSS,W. • MODEU INCLUDED BLACK BLACK INCLUDED COLOR COLOR INCLUDED E)(TRA COLOR MONTHLY BILLING FREQUENCY POOL# VOLUMEOVERAGE • OVERAGE RATE RATE ■VOLUME RATE SILL MODELS 1e0,000 0.006 13,600 D.04 NA NA $1.620.00 Monthly Quarterly N/A N/A N/A N/A N/A N/A NIA WA WA WA METER AND SUPPLY TECHNOLOGY +XDA=M DEC NE.. " ' • TECHNOLOGY CONTACT PERSON TECH APP PHONES METER CONTACT PERSON MEMR PHONE # SUMMER DUBEC 979-361-4492 SUMMER DUBEC 979-361-4492 TECH EMAIL METER EMAIL METER FAX 0 SDUSECCBRAZOSCOUNTYTX.GOV SDUBEC@BRAZOSCOUNTYTX.GOV Compaq ryWiIIInstall,ansoptoaltomaticailycoqectdevlcemstsa,bOcontractb11lid indautomit•dsupplynplentshment. Company wig charts a fie per machine per bveradi bllllny cyeli should customer dsclln• meter and supplyCustomer hchnolopy app IrgtiRaition. QTY : NIODELIPRODUCT# SOFTWARE & DESCRIPTION 0 rEESQWLEaP—QEIAIL5 TOTAL PRICE A�CceptanCe By amaBnp M eareuneA I ad=w/•d a Mral I have read and rsta ft apr■•meM�and I ca*y th f authorbed lbancut■ this a9mament an baW of euctomsr. Authormed &Waft= acbxwAodges Wmloonaftns and a*baian dates ormeterre�gs. The a and an Mrs fie verse shb of lhh eDraemant wnwW sat IburN the entire egmemant behveerr pWW& AUTHORIZED CUSTOMER SIGNATURE: SIGNER'S NAME (printed) TITLE: 0(.L i .,! (.L * e Soles: !! . DATE: 4 1 a I &i DATE: pRouVCrS MrMf MN IMIRIM 11 all Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361-4290 FAX (979) 3614293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: September 12, 2023 BID NUMBER: 24-023 TITLE: Landscape Maintenance REQUESTING DEPARTMENT: APPROVAL SIGNATURE: Peters, County Judge DATE APPROVED: <E-eVt-M1 13EP— i a d aC) 0 9 •CASH-04LANCE INCOMING, 'INVESTED!' SUB-TqTAL DISBURSED CAS" BALANCE INVESTED CK,.A'Cl�r.Ba-' ;6/361i0l -;.INTEREST.-'Ju'I' Z�J3112023 =0� GENERAL FUND' 185,765,111.70. j079.87.4.00' :1 107,0044;61, 493,451,99011- 1-1860 525'24� I I -181,501,465.07. 136.300;381.37 iiCO:-'HOTEL OCCUPANCY TAX 5�382,117.19: .325,605;87. °5.-7071'723606' . 32.884".SS 5,674,08.51 8.51 1200-STATELATERAL ROAD. 219,06430- -20,560.39a 219,569.39 219.569.39 1309 - UNCLAIMED FUNDS --384.861.911. 'IZ667.92, 387.529.83 1 3B7529.83 387,529'83 T500 --LAWIUBRARY '108,30Z4S� 117j232PA6- 114,33127 114.333:27. 1800 = LEOSE RJFN)r RXO.S6- 'iso.68 69559-68 1900 -COUNTY.RECORDS MANAGEMENT� 0629tql, :.l 659859i72- , �09.ssq.n, 2000=COUN*r? CLERK KGWANO." j;Z79,664�46.L 15.957.22' 059S6 UML i,295,059�.96 2061 - COUNTY: CLERK ARCHIVAL FUND, 1,337.,lij.62. 25,831'07- 1ML9W59: 741833.71-- -1.288;j 77.88 1 !68,1.22.88 2200-COURTHOUSE �72B:i4 38.941�41' -7Y 220f -JUSTICE COURT SECURM FUND-f. 199,210:20 Z79iL32- -2-02,01-6-52 196 2300 =-MSMCT CLERK MANAGEMEWFUND .194303.50; `73A72- A98.643:22. 1;73 ;2,'4 ;7 1i75 196,22149 .221.49 2jDi,,DisMcrictERK.-AkOfNAL'F.UNDitf,i, ...2. Y47.54- '2,4 -71, d5f�45M6 1,363."18, 9.1 ISOM 8 20r-'CO.& OlST.GDUkffECl!NOL6GY,.FUND .1 ig 8 -".1-16'88W59 80Y.rSPEdAv-FbkrErMg.'WNp-z �115;Qii A04' 415 41,63T,63- 3 7 Mr 1606'-:Ei/A'HUrt,HEcK"coLfkcr-EtES, 4'.936'59 '41.35 4,947.97 --.?4,947.97. 4.947.-97 2700, DMLSOND�BOARD FEES: 105,529LOS . 3;jt- 105772-3. 195381 165;S76.09' .105.576.99 2600 -VOfER RMSTRATION ..( 275.6D) (275.'00) - (275.00) (275.021 -330,179.21; 2900 -VITINTERESr FUND ' 328,11i.60 -2FO67,.61 33D;17.9.21, - 330 179.21' 3bDb'- COUM-GRANM 0 9&2!q -29%760:19! '(150,469.30 :87,8 24.86 Q 40 �- (408,293.23) k110 -AMERICAN REkUE--PLAN -ACr -135.39S.74 22, W6423 6556423 93,931.84 22j298,802�4i; 11219 '40 27-195,926.01 22,116,355.13 69.564.83- 3460-D/ACRIME FUND 253,774.67 1,133.12- 254;867.79!: 3.128.77. 251759.02 251,7S9,02- 3560PRIMARY ELECTION -SERVICES 68,147.02 :.157.12- 68,304A4 200;86 68,103:28 68.103.28' - 3901 - BC HOUSING FINANCE CORP ,86 197.86 86'013.84 ;86.013.84. 86,013.84, 4317 -- 2017 cEKncATEs OF beuGATibN 1,085,231.01 1,085,231.01 4320-CO2620- 10.9 027723�� 2;�5192 47,23D.67 10.952;856.92 30,285-.41 10 -922;57151: 1OL469 470.57 .,4S3, --- '�ON' ml 43A- -SYSTE ROAD.'80ND-TXD0T. ' '862' '7(lr .10, ��t6v - 5;716'61. :.. 29.6011363P -19.908,J6131 43 D V.- OF, SYSTEM RJOAd 66w., -..10,23%57069 `165 57, A l0ag165.63� 7 165:63 `10 - - 43n2,-'-2023,CERTIFICATES.OF.OBUGATIONS" 10,007,779.27 23,'07468. -`10,036,8SMS 25,687;50' -10,005;166A5 10;0051bb.45 45M GERPERMANENT IMPV. -6,9 34, • --�,�26;301.74. !.'063,874.08 '16'. 2,168,898. 4;834 .91s*.92 4,834i975.92 5000 HEALTH& 13FEINSURANCE, 40 091-452."07 L768,77849 11,860,230.76 -2519;31834= 9;134�0'912- . . :9; 40.912-42! . .. .... ..... ------ 5800 - COUNW a7 bOZRI(7905�FUND' .67,775.59 SA61�4 .. - tiS9. .... -68,225;59. . .... 66h.44YROLL -2-,03 D .. . S;235,90:01 T '�% Jji!3, 3.79 .. .-51725- :89- ..167A64:14 1, 1' 5 4 9, " 17 2-.'�l 0 - kd&- HEALTH OEPATHWif'. 2tAii'li L-4=§D 64 362,447.91 2,416,584.61.- 2,4i6,SA.61 9300 - REGIONAL MouLaVAuTHoRay -28,769X5 18,80.131 1, 166. '9 -4' V.646.10: 17,M&A9. 9 1 700 -commuNiTy supERvisioN 1;151j410.34. 233.'694.97. .,.1,385,665.31 309,851;56 1,075,813.75. 1,075,613.75 293,509.0OXMVK-MS40125"af V�&�Y-'Xz748,167=', 54M,* ti285 22Z37317; 11'679 904.22 Y . 1%BBGj207,lZ. ,16,336,1166.7 4100 m GEKOBLId-DEBT5VC� -10,932:03, .4,6 9 A16.3i , 5 �487.91 .-.LbCAL PR bEkPAFrhdPATIDN. %2'0i-.,S03:4& L.:2630107527. 26 -07177 -26303 075: 7j I m -I 1P 5 �fi 11 IT• V -. T 1 789,779.63 7 Rm -4113;20SAS3.86. 1.78,li .43 145,094,73 1 TOTAL 328,037,934.78 18,93i2;693-89 347i'i90,40B30 24,575,054-44 ffi)s' report Is subniltted-a-s"e,afid correct tor ComwfiLss'ionersCdurfbv'4:la�l rz�- Brazd.siCountVTri!asureron. -11?:tZOZ3 The State of Texas, County of BRAZOS We,, the undersigned, as County Commissioners within andlor Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Cristian Villarreal, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this day of 56P G A.D. 2023 ' Karen McQueen,��, County Clerk, County of BRAZOS, State of Texa Examined and approved in open Commissioners' Court this �- day of Steve Aldrich, Commi sioner Precinct #1 Chuck Konderla, Commissioner Precinct #2 Nancy Berry, Commissioner Precinct #3 AA4 Wanda J. Watson, #missioner Precinct #4 Treasurer's Report for the MONTH JULY 2023 Kristeen Roe, CTA, PCC Brazos.CounttV Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 09 0 2023 REQUESTOR PATRICIA STROUD ADDRESS 1012 ARBOLES CIR COLLEGE STATION TX 77840 OWNER NAME PATRIIA STROUD PROP ID# REFUND AMOUNT 42378 1$100.00 REQUESTOR CORELOGIC ADDRESS PO BOX 9202 COPPELLTX 75019 OWNER NAME CRYSTAL & DANTE KING PROP ID# 435269 REFUND AMOUNT 1$64.21 REQUESTOR CORELOGIC ADDRESS PO BOX 9202 COPPELL TX 75019 OWNER NAME RICHARD LEE HALL PROP ID# 48297 REFUND AMOUNT $ 91.65 REQUESTOR CORELOGIC. ADDRESS PO BOX 9202 COPPELL TX 75019 OWNER NAME BLANCA AREGULLIN PROP ID# 41187 REFUND AMOUNT 46.29 REQUESTOR CORELOGIC ADDRESS PO BOX 9202 COPPELL TX 75019 OWNER NAME JANE E DQNKEN PROP ID# 95428 REFUND AMOUNT 1$93.57 REQUESTOR CORELOGIC ADDRESS PO BOX 9202 COPPELL TX 75019 OWNER NAME DONNA JEANNE MaIMRE PROP ID# 441781 REFUND AMOUNT $ 67.05 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROPID# REFUND AMOUNT APP :�Mltl' );tI%X�RrE�t�9.1�[�' Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS STROUD PATRICIA 1012 ARBOLES CIR COLLEGE STATION TX 77840-4817 PROPERTY DESCRIPTION , Legal: SOUTHWOOD PH 10, BLOCK 1, LOT 3 Address: 1904 COMAL CIR , Account # 42378 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayees reason for refund: OP -Overpayment REFUND TO: STROUD PATRICIA 1012 ARBOLES CIR COLLEGE STATION TX 77840-4817 Collecting Taxfor: (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 01/31/2023 $1219.38 $100.00 Sign below and return form to the Brazos County Tax Office. "1 hereby -apply for the refund of the above -described taxes and certify that the information on this form is true and correct." i./{j ••J' �. Imo. ✓ ( J Phone # Email Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION 17 �ls,� ( ]Disapproved Authorized Officer Signature Date Authorized officer of taxing unit for refund applications over amount required under Section 32.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 02/06/202312:24PM AISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: STROUD PATRICIA 1012 ARBOLES CIR COLLEGE STATION, TX 77840-4817 Property ID Geo Legal Acres 42378 582400-1001-0030 0.0000 Legal Description SOUTHWOOD PH 10, BLOCK 1, LOT 3 Situs DBA Name 1904 COMAL CIR , Entity Year Rate Taxable Value Stmt 0 Vold Z REFUND ENTITY 20M 0.00000 0 146182 N BRAZOS COUNTY 2022 0.42941 52,500 124588 N CITY OF COLL STAT. 2022 0.52461 52,500 124588 N COLLEGE STATION ISD 2022 1.17810 52,600 124588 N Tender Check 0 Operator Batch lmoore 44666 (02/06/2023TM) Details 1947 Receipt Number 3241190 Date Posted 0113112023 Payment Type P Payment Code Over/Retund Total Paid $1,219.38 Owner Name and Address STROUD PATRICIA 1012 ARBOLES CIR COLLEGE STATION, TX 77840-4817 Original Tax Discnts P&I Aft Fees Overage Amount Pd 100.00 0.00 0.00 0.00 0.00 100.00 225A4 0.00 0.00 0.00 0.00 226.44 275A3 0.00 0.00 0.00 0.00 275A3 618.51 0.00 0.00 0.00 0.00 518.51 1.219.38 Balance Due As Of 0113112023: -100.00 Description Amount 1219.38 1219.38 Total Paid 1,219.38 Page:1 Receipt issued in Accordance with Section 31.D75 of the Texas Property Tax Code TMM=Q5W.mo. r APPLICATION FOR TAX REFUND CoNectfng OffJCe !Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 778M Ph. 979 77'5-9930 OWNER'S NAME ARID ADQRE$S KING CRYSTAL & DANTE 8000 ATLAS PEAR DR APT 7212 BRYAN TX 77807-1S00 PROPERTY DESCRIPTION Legal: MISSION RANCH PH 402, BLOCK 23, LOT 9 Address: 36S1 HARDIN HILLS (PVT) DR Account # 435269 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZRSFUND 2022 TmgMees reason for refund: OP -Overpayment REFUND TO: CORELOGIC ATTN; REFUND DEPT PO BOX 9202 COPPELL TX 735269 Collecdng rox for: (taxng entities) Brazos County, Clty of Bryan, City of College Station Bryan ISD, College Statlon ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Pald Refund Amount Requested 04/80/2023 $M6.68 $64.21 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above -described taxes and cerft that the information on this form is true and correct., EEO 864-968-9517 'Phone# . 8/29/23 Wig sstokes@corelogic.com Email Address If you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 87.10. TAX REFUND DETER ' ION . The is [�p roved [ Disapproved ta Author>Yed OfSeer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorlmd Officer Signature Date TAX RECEIPT 05/03/2023 01:27PM KRISTEEN ROE, CTA PH# (979) 775 9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: CORELOGIC ATTN: REFUNDS DEPT PO BOX 9202 COPPELL, TX 75019 Property ID Geo legal A_cies 435269 419600-4223-0090 �0.0000 Legal Description - MISSION RANCH PH 402, BLOCK 23, LOT 9 Situs 13BA Name 3551 HARDIN HILLS (PVT) DR , Receipt Number 3260629 Date Pasted 04/30/2023 Mment Type P Payment Code Over/Refund Total Paid $3,626.68 - ~ Owner Name and Address KING CRYSTAL & DANTE 8000 ATLAS PEAR DR APT 7212 BRYAN, TX 77807-1500 Entity Year _Rate Taxable Value Stint # Void _' Original Tax Dis_cnts P8I Aft Fees Oirerage Amount Pd _ Z REFUND ENTITY 2022 0.00000 0 146394 N 64.21 0.00 0.00 0.00 0.00 64.21 BRAZOS COUNTY 2022 0.42941 157,053 W18 N 674.40 0.00 74.18 0.00 0.00 748.58 CRY OF COLL. STAT. 2022 0,52461 152.944 12518 N 802.37 0:00 88.20 0.00 0.00 890.53 COLLEGE STATION ISD 2022 1.17810 147,074 12518 N 1,732.B7 0.00 190.59 0.00 0.00 1,923.26 3,626.68 Balance Due As Of 0413012023: -64.21 Tender Detatls Description Amount: Check 71120460 3626.68 3626.68 Operator Batch tmoore 45972'(0510 M23TM Page:1 Receipt Issued in Accardance with Section 31.075 of the Texas Property Tax Code Total Paid 3.626.88 nwkmcasa�e,a APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77902 Ph. 979;7754930 OWNER`S NAME AND ADDRESS HALL RICHARD LEE 506 SHIRE DR COLLEGE STATION TX 77845-8187 Legal: WHEELER RIDGE PH 5, BLOCK 21, LOT 29 Address: 3904 SIERRA CT , Account# 48297 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZRMND 2022 Taxpayer's reason for refund: OP -Overpayment REfUND TO: CORELOGIC PO BOX 9202 COPPELL TX 75019 Collecting Tax for: (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISO, College Station ISD, F1, F2, F3, M. City of Kurten, Navasota ISD Payment Data Amount Paid Refund Amount Requested MAO/= $5088.11 . $91.65 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." AMIN, Si`*s M9 864-968-9517 Phone q 8129/23 sstokes@corelo-gle.com Email Address If you maize a false statement on this application, you could be found guilty of a Class A misdemeanor cr a state jail Many under'rexas Penal Code Section 37.10. TAX REFUND DETERMI e tax re nd is [ A proved ]Disapproved f a . 1f Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 9=1 Tax Code Authorized Officer Signature Date TAX -RECEIPT 03/30/2023 02:58PM KRISTEEN ROE, CTA PH# (979) 776-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Receipt Number ; 4151 COUNTY PARK CT -' 3248576 BRYAN, TX 77802 Date Posted - _-03l3Q►2623 Payment Type P Payment Cade Over/Refund Total Paid $5,088.11 PAID BY: CORELOGIC 3001 HACKBERRY ROAD , IRVING, TX 75063 Property 1Q _Geo _ _ - -Legal Acres _ Owner Name and Address - - 48297 654000-0511-0290 0.0000- ' TUGGLE PATRICK COOPER & HAYLEY B t _ _ __ _ . _ 3904 SIERRA CT Legal Description BRYAN, TX 77802-3549 WHEELER R83GE_ PH 5,'BLOCK 11, LOT 29 Sltus DBA Name 3904 SIERRA CT , _ _ • • _ __ -- Entity Year Rate Taxable Value SWdg Void Original Tax discnts _ P&1 Att Fees' Overage Amount Pd Z.REFUND ENTffY _ 2022 0.00000 0 146335 N 91.65 0.do 0.00 0.00 0.00 91.65 BRAZOS COUNTY 2022 0.42941 209,023 54737 N 897.57 0.00 80.79 0.00 0.00 978.36 CITY OF BRYAN 2022 0.62400 209,023 54737 N 1,304.31 0.00 117.39 0.00 0.00 1,421.70 BRYAN ISO 2022 1.13960 209.023 54737 N 2,387-02 0.00 214.38 0.00 0.00 2,696.40 5,080.11 Balance Due As Of 03130l2023: -91.65 Tender Details b_ ascription - _ - A_ mount Check 676749 5088.11 6088.11 Operator Batcii tmoore 45507 (03130/M023TI14) paw. Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code Total,Paid- 5,088.11 i r„cara�aa�c 9 APPUCATION FOR TAX REFUND Collecting'Offl%e NOW Collecting Toxfor4taxing entltfes) Brazos County Tax Office Brazos County, City of Bryan, Gilt' of College Station 41,S1 County Park Court Bryan ISD, CollegeStabn ISD, F1, F2,,F3, F4, ryan,Vexas 77802 Ph. 979 77e-9930 •'�'°� "�- City of'Kurten, "sot Neltl NAME AND ADDRESS • AREGULiiM tLANCA 4562 ROCK PRAIRIE RD W • , COLLEGE STATION TX 77845-5021 , PROPER TV DESCRIPTION Legal: SHERWOOD HEIGHTS PH 1, BLOCK 2, LOT 1S Address: 4567 ROCK PRAIRIE 8D W , Account # 41187 JAX PAYMENT INF_PI ATION Name of Taxing Unit Tax Year of Refund. Payment Date Amdunt Paid Refund Amount Requested ZREMD 2022 04/30/2023 $2W.64 $4&29 Taxpayees reason for refund: OP Overpayment - 110UND'CO: BANK OF AMERICA CORELOGIC INC REFUND DEPARTMENT PO BOX 9202 COPPELL, TX 75M9 . Sign bblow and return form to thb Brazos County Tax Ofilce. 61 hereby applyfor the refund of the above -described taxes and certify that the information on thisform is true and corretV &Mh0/t stokes 8/29/23 864--968-9517 sstakes@corelogic.com Phone # Email Address . if you matte a false statement on thls app(taatton, you could be found gulity of a Class A misdemeanoror a statelallfeloay under Texas Penal Cdde section 37.10. • • •• TAX REFUND DEC TION • e tax re is j Approved j Disapproved' 'Authorized Officer at Date Authorized Officer of taxing unit for refund applIcations over amountrequ!md under Section S1.11 Tax Code' • Date Authorized Officer Signature - TAX RECEIPT 05/01/2023 04:18PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR ittecel ` 'Nuin�_e, r 4151 COUNTY PARK CT 3250475 - BRYAN, TX 77802 " 3 t0a0e:Pasted_�— p�e�+Ty�ei. P1 Paym*enf Code: Over/Refund .. - . . .: TCtal?Raia•�a;'` u:.a�`s 51,6'15.64• PAID BY: " BANK OF AMERICA CORELOGIC INC. 3001 HACKBERRY ROAD 1RVING, TX 75063 , . ^ ;.. v am" a t. 41i87 570000-0102-Ot50 0.0000 1 AREGULLIN BLANCA 1 4562 ROCK PRAIRIE. RD W - ; ` _ �"' '> ;: `� " _ clega D_escript on' S:_: COLLEGE STATION, TX 77845-5021 •.W:, ERWOOD HEIGHTS PH 1, BLOCK 2, LOT 15 "Siius � Al _ DB_ A:Naiiie 4652 ROCK PRAIRIE RD W , -EnG °;__'� �-�.:`�=-1Gea� te_ �'�t�axatiJe� .aliie-,.�`Strri' ��'YoT � r'•Y"OFiglna'Ta'z t©iscrits�=.�=; •_P�li: `tt:Feesy.iOVei'a nt'Pi3 Z REFUND ENTITY 2022 0.00000 0 146385 N 46.29 0.00 0.00 0,00 0.00 46.29 EMG SVCS DIST91 2022 0.02256 311,515 4977 N 35.32 0.00 3.89 0.00 0.00 39.21 BRAZOS COUNTY 2022 0.42941 311,615 4977 N .672.13 0.00 73.93. 0.00 0.00 746.06 COLLEGE STATION ISD 2022 1.17810 271.615 4977 N 1,607.29 0. W6.79 0.00 0.00 1,784.08' Balance Due As Of 0413012023' 46.29 . elpdei��:.��`ia�;Defails�•= ;;:� n.x�ri• �-�•, ^.rk r..4D•,escri o_ .�,. x� 4 - `�moirn r Clheck 46087196 - 2314.74 Check 46087197 300.90 2615.64- --5---•V:- .. ,, :. V.•3-rc�-e-.:=-,--:--rb��. F . „y .- ..7.,.+ �� .> s=-:-arc-_r_•,� r: y?•,. '-"'_"_��j.•� '." 1'.O�]9rdtOr . Batckr:.r.y. a. • . �..�_�"�rS t } .tom: r`.S':. Y C• t . v 7 P+ :� L_ .� ;r9."''. �t�=(laLrPati3 1r lemerson ~ 45931 (050iZ023_LEj 2,6t5.64z Page:1 Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Code tnaa m me I APPLICATION FOR TAX REFUND Collecting Office Name collecting Tax for. (taxing entitles) Brazos County Taos Office Brazos County, City of Bryan, City of College Station 41s1 County Park Court Bryan ISO, College Station ISO, F1, F2, F3, ,, F4!,. Bryan; Texas 77892 Ph. 979 775-9930' = ' • "'" • City ogkurtW, Nar eb*.MD •; `'� ` - ' • r OWNER'S NAME AND ADDRESS DEMEN JANE E 2401 CARTER CREEK PKWY BRYAN TX 77802-2416 PROPERTY DESCRItMiM Legal: CAT HOLLOW PH 1, BLOCK 1, LOT 9 Address: 1704 SERVAL LN , Account # 9542$ TAX PAYMENT INFORMAITION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid ZMFUND 2022 04IM12623 $3297.73 Taxpayees reason for refund: OP -Overpayment BEEVND TO: CORELOGIC . . ATYIV:.REFUNDS DEPT PO BOX 92d COPPE .4 TX 75019 ' Refund Amount Requested $93M Sign below and return form to th0 Draws County'rax OfNce. 9 hereby apply for the rdfund of the above -described taxes and certify that the information on this form is true and correct -" ?KO/? cSi°Ot'fP� 8/29/23 864-968-9517 sstok"@c arelog1c.gcm Phone 0 Email Addrdss if you make a false statement on this application, you could he found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DETER I ON �J Appr vad [ • isapproved Authorized Officer Signature Date Authorized QM" cer of taxing unit for refund ai0cations over amount required underSection 31.11 Tax Code Authorhed Officer Signature Date TAX RECEIPT 05/02/2023 08:08AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4161 COUNTY PARK CT BRYAN, TX 77802 'PAID BY: ' COReLOGIC 3001. HACKBERRY ROAD IRVING, TX 75063 3250489 "� ky�oBt'edr' a a§�0413012D231 pw.int7yip@�a;�t PEA ._. ......_ .ayhieerlRefuodi 7$ ., U - .73� i �R[Q � �D�r.".''•<�C'J@H;'l.+t•.r,ht�.•ti 1l S•FY��t �� +�: .s al ram Saar••: _.yt5. 'S. 5!`+: �''. .�'^'�3 F �Nlriei: _ Q�@nd�A_ r2SS'.� <. a: 95428 184500-0001-0090 0.0000 DEINKEN JANE E ?'''' :' �` _ 'Le fil;Desc tib� •<�1 » :•" :� r , y. 2401.CARTER CREEK PKWY -' :F: �.,, c '; . r "-.. _ m•..".::t :-x1s �. _+ti".:''��' ::x _ ;: - BRYAN, TX .77802 2416 CAT HOLLOW PH 1, BLOCK 1, LOT 9 .I i '$�t'l� a1,; . � �`•"?t+= 3.'•✓ ,'� � , �.:�; i ry�t �.. DB�C' Blilet^<: J �a Y ;.%,�'Cz.�S`=,_'�� •�,_^�t.dl. 3 1704 SERVAL LN Z REFUND ENTITY 2022 0.00000 0 146388 N 93.67 0.00 0.00 0.00 0.00 M67 BRAZOS COUNTY 2022 0.42941 247,874 34688 N 843.08 ' 0.00 92.74 0.00 0.00 935.82 CITY OF COLL STAT. 2022 0,52461 276,348 34688 N 990.21 0.00 108.92 0.00 0.00 1,099.13 COLLEGE STATION ISD 2022 1.17810 261,874 34688 N 2.846.14 0.00 313.07 0.00 0.00 3,159.21 5,287.73 Balance Due As Of 0413012023: -93.57 �ei'de_rt�� : � s`D"etalls•..� =: "�'��',�.r� ��,°� ':�`:��:�• -�• --, �•:{::D' cri �--^ � `�-�.L:.�io Check 411732091 �.t 5287.73 6287.73 1 O ®Xa�Ori BBtFif1'- , :."- 7 -r- r - .'� r'c r -� 3" <-^ -r-�- - �^ s-r31`, - '�-s--.- �• .� - --+ -- -r .'�•:.f. �'.ai��r� .0 8r •�• �, c. i�-•• f.ae....: "� •i�a':r,. "' a �• %i.�.,�;�c'.�;.-� ,'rata1.P•sid� ....,.r a:.�.3:tl'2.t? °v.F" ';.�_a�.cJ..r'+'.�:L..�.za.a �c....G�'�a..s:,..aa`.S$::.v.,uiv.,.-i�.i>..�.s_.»1:iJfi.:.iiekL:h�::fa - ....��.•d!."�.'4..r:..w. . �s lemerson 46955 (08022023_W 5.287.731 Page:1 Receipt Issued in Accordance with Section 31.076 of the Texas Properly Tax Code Tme Am=Uwlea APPLICATION FOR TAX REFUND Collecting Off ice Name Brazos County Tax Office • 4151 County Park Court . Bryan, Texas 77802 Ph. 979 775.9930 • OWNER'S NAME AND ADDRESS MCINTIRE DONNA 1EANNE 2002 SPRING CRK COLLEGE' STATION -TX 77845-4605 Collecting Taxfor. (foxing entities) Brazos County, City of Bryan, City of College Station Bryan LSD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION ' Legal: EMERALD FOREST PH 9, BLOCK 14, LOT 2, Undivided Interest 50.000000000040 Address: 2002 SPRING CREEK , Account # 441781 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment bate Amount Paid Refund Amount Requested ZREFUND 2022 05/32/2023 $3855A9 $67.05 Taxpayer's reason for refund: OP -Overpayment . REFUND TO: CORELOGIC ATTN: REFUNDS PO BOX 9202 COPPELL TX 75019 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." &Whon s �� i natu 864-968-9617 Phone 0 8/29123 Mat sstokes corelo ic.com Email Address If you make a false statement on this application, you could be found gu9ty of a Class A misdemeanor or a state Jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION treItw l APP ad I Isapproved Authorize Officer Signature �c�I�ja3 - Date Authorized Officer of taxing unit for refund applications oiler amount required under Section 31.11 Tax Code Authorized Officer Signature , Date r TAX RECEIPT 06/05/202312:45PM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: CORELOGIC 3001 HACKBERRY ROAD IRVING, TX 75063 •• Recelpt.Numher�' 3254506 Pawl Posted 0513112023' Payment-fype I-- - P, Payment Code :_— Ov_erlRefund, TotalPald Oro perty► Ib_ dio _ - - - - r Legal Acres - - �- Oiune_r Name_ and_Address• •r - f 441781 _ :249000-0914-0022 - -r �• - �r0.0000 �- ' Y -- } MCINTIRE DONNA JEANNE - - .__- - _ _ .. -- _ _• ..- •— 2002 SPRING CRK i .--L- Legal Description _ COLLEGE STATION, TX 7764 4W5 ;EMERALD FOREST PH 9, BLOCK ' - 14, LOT 2, Undivided Interest 50.0000066000% - - Situs DEFA Name I 12002 SFPRING CREEK _----- i I Entity Year Pate ' Taxable Value Stint #_ _ Void _ _ I Origl_nal Tax Disc_rits • _ _P&I _ A- tt_es _ Overage Amount Pd Z. REFUND ENTITY _ _ 2022 _ 0.00000 0 146428 N 87Ati 0.00 0.00 O.OD 0.00 67.06 BRAZOS COUNTY 2022 0.42941 234,059 85127 N 576.02 0.00 74.88 0.00 0.00 650.90 CITY OF COLL STAT. 2022 0.52461 242,991 85127 N 724.76 0.00 24M 0.00 0.00 818.97 COLLEGE STATION ISD 2022 1.17810 244,069 85127 N 2,051.47 0.00 266.70 0.00 0.00 2,318.17 3,855.09 Balance Due As Of 0513112023t .67.06 Tender Details _ _.� ._Description_-_ _-_ rr •Amount; Check 41260808 3855.09 3855.09 _...— tmoore _ 46405 (a6105120hTW)' •- _----- - ._ _ _ Page:1 Receipt Issued In Accordance with Section $1.075 of the Texas Property Tax Code M •y: Total Paid, _4,855.09; , j :I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS) FOR THE 2022-2023 BUDGET YEAR NO.22/23 47.01— 47.04 On this the 121h day of September 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 120, day of September 2023 the Court heard and approved a budget amendment(s) for the 2022-2023 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 6 September 2022, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 12fl' day of September 2023. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 47.01 9/12►2n23 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Sheriffs Office: Administration Revenue 3,625.42 General Fund Sheriffs Office: Administration Supplies and. Other Charges Expenditure 3,625.42 Sheriffs Office: Administration Recognize a donation of $3,625.42 from TAC RMP Employee Safety Equipment Program tpoue ted in FY 2022 but items were received in FY 2023 Date` ��,9R/2023 �_ '� �Courity Judge; .AQp .. -.._.._. i Y .T.. ,iCYV "s'.A$'c �q �-„"" ��,�>�� . � .�,�s;- Ind,n.8'.'' 'YFiY'3_ l+k� INN �,.��W,�*..H .,.�..�� ,�...��a �-�� s4..:...� 4i �03 .�„.�-'a"�,..�< FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 28000100 46023000 3,625.42 01000 28000100 60010000 3,625.42 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 .47.02 9/1212023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Road and Bridge - General Fund Administration Contractual Services Expenditure 199,192.00 Road and Bridge - General Fund Administration Repair and Maintenance I Expenditure 199,192.00 and of funds to the correct of lane striDine and 7" 4. FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 56001000 71025000 (199,192.00) 01000 56001000 65670000 199,192.00 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 47.03 91121203 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Permanent Improvement Fund Sheriff Office - Jail - Capital Capital Outlay Expenditure 13,837.81 General Permanent Improvemeat Fund Information Technology - Capital Capital Outlay Expenditure 799.06 General Permanent Improvement Fund Expenditure 14,636.87 General Fund Revenue 14 636.87 General Fund Sheriff Office - Jail - Non Capital Supplies and Other Charges Expenditure 13,837.81 General Fund Information Technology - Non Capital Supplies and Other Charges Expenditure 799.06 General Permanent Improvement Fund Reallocation of funds to the correct accounts for axonequipment that was installed into trol units. FUND DN ACCT Change in Budget ACCOUNT NAME 45000 63280021 80890000 13,837.81 45000 63140001 80286000 (799.0 45000 00000000 91300000 14,636.87 01000 00000000 49015000 14,636.87 01000 28002006 60500000 13 837.81 01000 14000006 60500000 799.06 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22123 - 47.04 9/1212023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund Texas Indigent Defense Commission Grant Revenue 64,566.00 Grant Fund Texas Indigent Defense Commission Grant Salary and Wages Expenditure 64,566.00 Texas Indigent Defense Commission Grant To recognize additional funding for the public defender grant as approved by the Texa digent De a Commission. 7. i,WE s t£ !`ti FUND DN ACCT Change in Budget ACCOUNT NAME 30000 272200 48037100 64,566.00 30000 272200 51300000 64 566.00 Personnel Change of Status ( Sep 6, 2023 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 09-12-2023 Human Resources Consider and Take Action on Change Employment t r * 6epatfinent lNa r "' -i3"*' Em�tsyee Name' Exposition Center - Administration Glyn, Garrison Road & Bridge - Administration Wallin, John �i' ,( 3t _ S c• - 3`45 Tia! jl (}, ? • .1 -izi� Separations epartmentNameyloyeaNarR$$' `t L S$ , 5 NSF_ District Clerk - Administration Alexander, Jeri Sheriff Office - Administration Reyes, Daniel - -- •'� ' i ,iFs {'g a t z i �". s Approved in Commissioners' Court: 09-12-202 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 09-12-2023 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To District Clerk Bergeron, Joan Martinez, Jessica Ocph, John Anthony Perez, Cynthia Pineda, Jessica Change of Status Change of Status Change of Status Change of Status Change of Status Human Resources Mendez, Mary Change of Status Tax Assessor Armantrout, Stacey Change of Status Manchaca, Kristi Change of Status Sikes, Rebecca Change of Status Approved In Commissioners' Court: 09-12-2023: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes)