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2023/09/26 REGULAR SESSION 10:00AM
10Z3 SEP 22 P 3: 23 gipp, 'i.l, J i1Lvi't 17, : • i I �!'St, t i . °.l,? BRAZOS COUNTY BRYAN, T EXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 26, 2023 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COWBRAZOSCOUNTYTX 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 31 3. Proclamation 23-028 designating October 1-7, 2023 as National 4-H Week in Brazos County. 4. Request approval from Constable Pct. 2 for the acceptance of 3 ballistic shields in the amount $16,506.00 from the 100 Club. 5. Approval to release previously earmarked American Rescue Plan Act funds for HVAC/Air purification systems totaling $1.5 million. Funds will remain in the general fund to use for previously identified projects. 6. Approval of the earmark of $500,000 of the revenue replacement funds through the American Rescue Plan Act to be reallocated to Wickson Creek SUD for the purchase ..of emergency, generators. _ 7. Approval of the following Job Descriptions: • 1. 472nd District Court - B2540 - District Judge • 2. 472nd District Court - B2541 - Court Reporter • 3. 472nd District Court - B2542 - Court Coordinator • 4. 472nd District Court - B2544 - Bailiff • 5. 472nd District Court- B2546 -Administrative Secretary • 6. Associate Court#1 - B2201 - Misdemeanor Associate Judge • 7. Associate Judge #2 - B2207 - Court Reporter- Family Law Associate Judge • 8. Associate Judge #2 - B2208 - Bailiff - Family LawAssociate Judge • 9. Associate Judge #2 - B2209 - Court Coordinator- Family LawAssociate Judge • 10. Brazos Center- B0819 - Building Event Worker • 11. Commissioners Court - B0117 - Receptionist • 12. County Agriculture Extension - B7120 - County Extension Agent -Agriculture • 13. County Agriculture Extension - B7122- County Extension Agent - Family and Community • 14. County Agriculture Extension - B7126 - County Extension Agent - 4-H • 15. County Agriculture Extension - B7130 -Program Assistant - 4-H and Youth • 16. County Attorney- B0522 - Receptionist • 17. County Auditor- B0320 - First Assistant CountyAuditor • 18. County Auditor- B0328 - Budget Analyst I • 19. County Auditor- B0329 - Budget Analyst! I • 20. County Clerk Records Management - B1334 -Records Retention Clerk • 21. County Court at Law 2 - B0916 - Court Reporter • 22. County Treasurer- B1003 - Chief Deputy Treasurer I nvestments • 23. County Treasurer - B1004 -Assistant Chief Deputy Treasurer • 24. District Attorney - B0403 -1 st Assistant • 25. District Attorney - B0429- Front Office Assistant • 26. District Attorney - B0433 - Clerk - Temp • 27. District Clerk - B 1717 - Clerk • 28. District Clerk Records Management - B 1715 - Clerk - Temp 29. Elections Administrator - B0168 - Clerk. • 30. Exposition Complex - B0829 - Receptionist • 31. Exposition Complex - B0832 - Temporary Attendants • 32. Exposition Complex - B0833 -Attendants • 33. Exposition Complex - B0856 - Manager • 34. Facilities Services - B0703 - Supervisor I I - Custodians • 35. Facilities Services = B0704 - Building Caretaker • 36. Facilities Services - B0705 - Custodian • 37. Facilities Services - B0706 - Supervisor I - Custodians • 38. Fair Administration - B0846 - Manager • 39. Fleet Service - B2702 -Assistant Director • 40. Health & Wellness Clinic - B0283 - Nurse Practitioner - PA - Three - Quarter - Time • 41. Hotel Occupancy Tax - B0851- Sales Manager • 42. Information Technology - B1212 - Support Specialist • 43.1 nformation Technology - B 1217 - Security Analyst • 44. Information Technology- B1224 - Web C ontent Administrator • 45.1 nformation Technology - B 1235 - Audio Video Specialist • 4.6. J JAE P-Community Based - B1852 - Secretary I • 47. Juvenile Administration - B1801 - Director • 48. Juvenile Administration - B2803 - Assistant Director • 49. Juvenile Court Referee - B2206 - Felony Associate Judge • 50. Juvenile Court Referee - B2906 - Court Coordinator- Juvenile Referee Court Certified I nterpreier • 51. Juvenile Services -Administration Community. Based Mental Health - B1810 - Professional Counselor • 52. Juvenile Services--B1836 - Cook • 53. Juvenile Services - B1846 -Custodian -Part Time • 54. Juvenile Services - B1848 - Custodian • 55. Juvenile Services - B1861 - Secretary I • 56. Juvenile Services - B1873 - Control Booth Operator • 57. Juvenile Services - B2865 - Secretary- Juvenile TYC • 58. Juvenile Services Court- B2807 - Deputybirector • 59. Landscaping - B0751 - Crew Leader • 60. Landscaping - B0752 - Grounds Maintenance Worker I I I • 61. Landscaping - B0753 - Grounds Maintenance Worker I I • 62. Landscaping - B0754 - Grounds Maintenance Worker I • 63. MPO - B2006 -Administrative Assistant • 64. American Rescue Plan Revenue Replacement - B0251 - R U Ok Coordinator • 65. Non -Departmental - B0221 - Transition Training • 66. County Records Management - B8109 - Clerk and Scanner • 67. Risk Management - B2215 - Risk & Safety Coordinator • 68. Road and Bridge - B2664 - Cleric • 69. Road and Bridge - B2665 - Flagger/Laborer • 70. Road and Bridge - B2623 - Sign Installation Helper • 71. Tax Assessor - B2351 - I nformation and. Supply Clerk • 72. Tax Assessor - B2353 - Clerk - Part'Time • 73. Texas Indigent Defense Commission Grant- B0131 - Public Defender II • 74. Texas Indigent Defense Commission Grant- B0132 - Public Defender I • 75. Texas Indigent Defense Commission Grant- B0134 -Case Worker. • 76. Texas Indigent Defense Commission Grant - B0135 - Juvenile Public Defender • 77. Texas Indigent Defense Commission Grant- B0136 - Office Manager • 78. Texas Indigent Defense Commission Grant- B0138 -Administrative Clerk • 79. TJJD - SA Mental Health Services - B1890 - Professional Counselor • 80. TJJD Basic Court- B2817 -Juvenile Probation Officer • 81. TJJD State Aid - 131877 -Juvenile Parole Officer • 82. TJJD State Aid - 131887 -Juvenile Probation Officer Title IV • 83. TJJD State Aid - B2819 - Juvenile Probation Officer 8. Approval of Third Restatement of the I nterlocal Agreement for the Construction, Acquisition, Implementation, Operation, and Maintenance of the Brazos Valley Wide Area Communications System (BVWACS), and updated BVWACS Managing Entity I LA. 9. Approval of Brazos County Interlocal Agreement for Emergency Medical Service between the City of Bryan and Brazos County, 2023-2024. 10. Approval of Brazos County Interlocal Agreement for Emergency Medical Service between the City. of College Station and Brazos County, FY2024 - FY2026. 11. Approval of User Agreement between Brazos County and the Department of Public Safety of the State of Texas for Driver Records or Driver Record Monitoring Services under Texas Transportation Code Chapters 521 and 730. 12. Approval requested from Risk Management for payment to Lloyd Wasserman in the amount of $184.00 for water line and plumbing damages. The water line was damaged by County equipment during road construction. 13. Approval requested from Risk Management for payment -to the City of College Station in the amount of $265.89 for tire repairs. Tires were damaged by County equipment. 14. ' Approval requested from the Purchasing Department to declare a list of surplus property as salvage in accordance with Local Government Code 263.152 and authorize destruction or other means of disposal. 15. Approval of the Contract Renewal OAG.#20222344900-319-01 associated with Contract #23-167 with Appriss Insights, LLC - Participating Entity Services Agreement for the Statewide Automated Victim Notification Service (SAVNS). Renewal period is September 1, 2023 -August 31, 2024. 16. Approval of Amendment #1 to Master Contract #18-134 Electronic Bidding System with lonwave Technologies to extend current. contract date terms to September 30, 2028. 17. Approval of Amendment #1 to raise daily rates from $100.00 to $150.00 for Contract #22-147 Short -Term Detention of Juvenile Offenders with Kaufman County. 18. Approval of Change Orderto CIP 22-515 Brazos County Security Upgrades with Aggieland Construction for $22,668.38 for additional project materials. 19. Approval of Deductive Change Orderto CIP 22-640 Brazos County Bridge Scourwith Fuqua Construction for $24,029.55 for unused contingency. 20. Approval of Contract #23-168 Short -Term Detention of Juvenile Offenders with Austin County. 21. Approval of Contract#24-026 Renewal for Legal Representation of Indigent Juveniles with Gendron & Thibodeaux. 22. Approval of Contract 24-034 WebEOC Software Support with ES Acquisition Inc/Juvare. 23. Request from the Sweetwater Subdivision Home Owners Association for approval to reduce the current roadway speed limit on Sweetwater Drive to 30 mph for public health and safety reasons. Copy of signed petition is attached. Site is located in Precinct 1. 24. Request permission to enter private property owned by Michael Moreno located at 4980 Schehin Road to install rock riprap at culvert crossing to help prevent erosion. Site is located in Precinct 1. 25. Request permission from the Emmanuel Baptist Church to enter private property to store equipment, replace driveway culvert and grade ditches for better drainage on Steep Hollow Road. Site is located in Precinct 2. 26. Consider and take action on the Wickson Creek SUD utility permit to construct a bore for a 1 inch water line crossing under Marino Road located 2,055 feet northwest of SH 21. Site is located in Precinct 2. 27. Approval of expenditure journal entry for Brazos County FY22-23 June 2023 -August 2023 cash contribution of $48,470.13 to CSCD Specialty Court program. 28. Tax Refund Applications for the following: Overpayments • a. Championship Title of Texas - $21.69 • b. Summer Haze - $90.00 • c. Brett & Pamela Dansby- $15.81 • d. HUD Compu-Link Corporation - $129.48 • e. Ray Sheetal - $7,941.87 29. Budget Amendments. • FY22/23 Budget Amendments 49.01 30. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms • c. Personnel Action Forms 31. Payment of Claims. 32. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of September 20, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals by Fund as of September 20, 2023. 33. Acknowledgement of monthly reports submitted in September 2023. 34. Juvenile director's report on detention population. 35. Sheriffs report on inmate population. 36. Announcement of interest items and possible future agenda topics. 37. Call for Citizen input and/or concerns 38. 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 Courts Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. it is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Courts presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions; 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and/or 4. such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section 561.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the Invocation and such decision will have no impact on their.right to actively participate in the business of the Court. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave:, Suite 106, Bryan, TX77803, THE PUBLIC MAY WATCH THE MEETING LIVEAT FACEBOOK.COWBRAZOS000NTYTX 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 26, 2023, have been examined and are approved in open Court this 3rd day of October 2023, in Bryan, Brazos County, Texas. County Judge Steve Aldrich Commissioner, Precinct 1 Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner, Precinct 3 Attest: Karen McQueen County Clerk MINUTES SEPTEMBER 26, 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 26, 2023 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns Cathy Viens posed two questions to the Commissioners Court. She asked about three positions included in the amendments for the FY2024 Budget. Ms. Viens then inquired about unfilled positions. Judge Peters stated that the Court is unable to have dialogue during the Citizen input portion of the meeting. Cynthia Wiley asked the Court to reconsider its position on Electronic Voting Machines. Ms. Wiley raised concerns about the Elections Administrator and the security of the machines being used. Cagan Baldree, Program Manager for the Brazos Valley Council of Governments Public Safety Planning Team, announced the upcoming Active Attacker training course that will be offered to elected officials and Emergency Management personnel at the Brazos Center on October 9, 2023. Consider and take action on agenda items: 3 - 31 3. Proclamation 23-028 designating October 1-7, 2023 as National 4-H Week in Brazos County. The County Judge read aloud Proclamation 23-028 designating the week of October 1 through 7, 2023 as "National 4-H Week" in Texas. The Court commends the 4-H youth and thanked them for providing breakfast. County Extension Agent Matt Pfeiffer stated that this week is a way to promote and celebrate 4-H across the nation. Officers of the 4- H County Council introduced themselves to the Court. The County Judge then presented the proclamation to the 4-H members. A copy of the proclamation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 4. Request approval from Constable Pct. 2 for the acceptance of 3 ballistic shields in the amount $16,506.00 from the 100 Club. A copy of the donation form is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 5. Approval to release previously earmarked American Rescue Plan Act funds for HVAC/Air purification systems totaling $1.5 million. Funds will remain in the general fund to use for previously identified projects. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of the earmark of $500,000 of the revenue replacement funds through the American Rescue Plan Act to be reallocated to Wickson Creek SUD for the purchase of emergency generators. Commissioner Aldrich commented that he is glad to see the funds allocated to Wickson Creek SUD. Commissioner Konderla concurred. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 7. Approval of the following Job Descriptions: • 1. 472nd District Court - B2540 - District Judge • 2. 472nd District Court - B2541 - Court Reporter • 3. 472nd District Court - B2542 - Court Coordinator • 4. 472nd District Court - B2544 - Bailiff • 5. 472nd District Court - B2546 -Administrative Secretary • 6. Associate Court #1 - B2201 - Misdemeanor Associate Judge • 7. Associate Judge #2 - B2207 - Court Reporter - Family Law Associate Judge • 8. Associate Judge #2 - B2208 - Bailiff - Family Law Associate Judge • 9. Associate Judge #2 - B2209 - Court Coordinator- Family Law Associate Judge • 10. Brazos Center - B0819 - Building Event Worker • 11. Commissioners Court - B0117 - Receptionist • 12. County Agriculture Extension - B7120 - County Extension Agent -Agriculture • 13. County Agriculture Extension - B7122- County Extension Agent - Family and Community • 14. County Agriculture Extension - B7126 - County Extension Agent - 4-H • 15. County Agriculture Extension - B7130 - Program Assistant - 4-H and Youth • 16. County Attorney - B0522 - Receptionist • 17. CountyAuditor- B0320 - First Assistant County Auditor • 18. County Auditor - B0328 - Budget Analyst • 19. County Auditor - B0329 - Budget Analyst 11 • 20. County Clerk Records Management - B1334 -Records Retention Clerk • 21. County Court at Law 2 - B0916 - Court Reporter • 22. County Treasurer - B 1003 - Chief Deputy Treasurer Investments • 23. County Treasurer - B 1004 - Assistant Chief Deputy Treasurer • 24. District Attorney - B0403 -1 st Assistant • 25. District Attorney - B0429- Front Office Assistant • 26. District Attorney - B0433 - Clerk - Temp • 27. District Clerk - B1717 - Clerk • 28. District Clerk Records Management - B 1715 - Clerk - Temp • 29. Elections Administrator - B0168 -Clerk • 30. Exposition Complex - B0829 - Receptionist • 31. Exposition Complex - B0832 - Temporary Attendants • 32. Exposition Complex - B0833 - Attendants • 33. Exposition Complex - B0856 - Manager • 34. Facilities Services - B0703 - Supervisor I I - Custodians • 35. Facilities Services - B0704 - Building Caretaker • 36. Facilities Services - B0705 - Custodian • 37. Facilities Services - B0706 - Supervisor I - Custodians • 38. Fair Administration - B0846 - Manager • 39. Fleet Service - B2702 -Assistant Director • 40. Health & Wellness Clinic - B0283 - Nurse Practitioner - PA - Three - Quarter - Time • 41. Hotel Occupancy Tax - B0851- Sales Manager • 42. Information Technology- B1212 - Support Specialist • 43. Information Technology - B 1217 - Security Analyst • 44. Information Technology - B 1224 - Web Content Administrator • 45. 1 nformation Technology - B 1235 - Audio Video Specialist • 46. JJAEP-Community Based - B1852 - Secretary I • 47. Juvenile Administration - B1801 - Director • 48. Juvenile Administration - B2803 -Assistant Director • 49. Juvenile Court Referee - B2206 - Felony Associate Judge • 50. Juvenile Court Referee - B2906 - Court Coordinator- Juvenile Referee Court Certified Interpreter • 51. Juvenile Services - Administration Community Based Mental Health - B 1810 - Professional Counselor • 52. Juvenile Services - B1836 - Cook • 53. Juvenile Services - B1846 - Custodian - Part Time • 54. Juvenile Services - B1848 - Custodian • 55. Juvenile Services - B1861 - Secretary 1 • 56. Juvenile Services - B1873 - Control Booth Operator • 57. Juvenile Services - B2865 - Secretary- Juvenile TYC • 58. Juvenile Services Court- B2807 - Deputy Director • 59. Landscaping - B0751 - Crew Leader • 60. Landscaping - B0752 - Grounds Maintenance Worker I I I • 61. Landscaping - B0753 - Grounds Maintenance Worker I I • 62. Landscaping - B0754 - Grounds Maintenance Worker 1 • 63. MPO - B2006 -Administrative Assistant • 64. American Rescue Plan Revenue Replacement - B0251 - R U Ok Coordinator • 65. Non -Departmental - B0221 - Transition Training • 66. County Records Management - B8109 - Clerk and Scanner • 67. Risk Management - B2215 - Risk & Safety Coordinator • 68. Road and Bridge - B2664 - Clerk • 69. Road and Bridge - B2665 - Flagger/Laborer • 70. Road and Bridge - B2623 - Sign Installation Helper • 71. Tax Assessor - B2351 - Information and Supply Clerk • 72. Tax Assessor - B2353 - Clerk - Part Time • 73. Texas Indigent Defense Commission Grant - B0131 - Public Defender 11 • 74. Texas Indigent Defense Commission Grant - B0132 - Public Defender I • 75. Texas Indigent Defense Commission Grant - B0134 - Case Worker • 76. Texas Indigent Defense Commission Grant - B0135 - Juvenile Public Defender • 77. Texas Indigent Defense Commission Grant - B0136 - Office Manager • 78. Texas Indigent Defense Commission Grant- B0138 -Administrative Clerk • 79. TJJD - SA Mental Health Services - B1890 - Professional Counselor • 80. TJJD Basic Court - B2817 - Juvenile Probation Officer • 81. TJ J D State Aid - B 1877 - J uvenile Parole Officer • 82. TJ J D State Aid - B 1887 - J uvenile Probation Officer Title I V • 83. TJJD State Aid - B2819 - Juvenile Probation Officer A copy of the job descriptions is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of Third Restatement of the I nterlocal Agreement for the Construction, Acquisition, Implementation, Operation, and Maintenance of the Brazos Valley Wide Area Communications System (BVWACS), and updated BVWACS Managing Entity I LA. A copy of the I nterlocal Agreement is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of Brazos County I nterlocal Agreement for Emergency Medical Service between the City of Bryan and Brazos County, 2023-2024. A copy of the I nterlocal Agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 10. Approval of Brazos County I nterlocal Agreement for Emergency Medical Service between the City of College Station and Brazos County, FY 2024 - FY 2026. A copy of the I nterlocal Agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 11. Approval of User Agreement between Brazos County and the Department of Public Safety of the State of Texas for Driver Records or Driver Record Monitoring Services under Texas Transportation Code Chapters 521 and 730. A copy of the User Agreement is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 12. Approval requested from Risk Management for payment to Lloyd Wasserman in the amount of $184.00 for water line and plumbing damages. The water line was damaged by County equipment during road construction. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 13. Approval requested from Risk Management for payment to the City of College Station in the amount of $265.89 for tire repairs. Tires were damaged by County equipment. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 14. Approval requested from the Purchasing Department to declare a list of surplus property as salvage in accordance with Local Government Code 263.152 and authorize destruction or other means of disposal. A copy of the surplus property is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderia. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 15. Approval of the Contract Renewal OAG #20222344900-319-01 associated with . Contract #23-167 with Appriss Insights, LLC - Participating Entity Services Agreement for the Statewide Automated Victim Notification Service (SAVNS). Renewal period is September 1, 2023 -August 31, 2024. A copy of the renewal of contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 16. Approval of Amendment #1 to Master Contract #18-134 Electronic Bidding System with I onwave Technologies to extend current contract date terms to September 30, 2028. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Bevy, Konderia, Peters, Watson. 17. Approval of Amendment #1 to raise daily rates from $100.00 to $150.00 for Contract #22-147 Short -Term Detention of Juvenile Offenders with Kaufman County. A copy of the amended contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 18. Approval of Change Order to CIP 22-515 Brazos County Security Upgrades with Aggieland Construction for $22,668.38 for additional project materials. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 19. Approval of Deductive Change Order to CIP 22-640 Brazos County Bridge Scour with Fuqua Construction for $24,029.55 for unused contingency. A copy of the change order is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 20. Approval of Contract #23-168 Short -Term Detention of Juvenile Offenders with Austin County. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 21. Approval of Contract #24-026 Renewal for Legal Representation of Indigent Juveniles with Gendron & Thibodeaux. A copy of the renewal of contract and bid tabulation is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 22. Approval of Contract 24-034 WebEOC Software Support with ESI Acquisition nc/J uvare. A copy of the service contract is attached. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 23. Request from the Sweetwater Subdivision Home Owners Association for approval to reduce the current roadway speed limit on Sweetwater Drive to 30 mph for public health and safety reasons. Copy of signed petition is attached. Site is located in Precinct 1. A copy of the signed petition is attached. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 24. Request permission to enter private property owned by Michael Moreno located at 4980 Schehin Road to install rock riprap at culvert crossing to help prevent erosion. Site is located in Precinct 1. Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 25. Request permission from the Emmanuel Baptist Church to enter private property to store equipment, replace driveway culvert and grade ditches for better drainage on Steep Hollow Road. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 26. Consider and take action on the Wickson Creek SUD utility permit to construct a bore for a 1 inch water line crossing under Marino Road located 2,055 feet northwest of SH 21. Site is located in Precinct 2. Motion: Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 27. Approval of expenditure journal entry for Brazos County FY22-23 June 2023 -August 2023 cash contribution of $48,470.13 to CSCD Specialty Court program. A copy is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 28. Tax Refund Applications for the following: Overpayments • a. Championship Title of Texas - $21.69 • b. Summer Haze - $90.00 • c. Brett & Pamela Dansby - $15.81 • d. HUD Compu-Link Corporation - $129.48 • e. Ray Sheetal - $7,941.87 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 29. Budget Amendments. • FY22/23 Budget Amendments 49.01 49.01 Reallocate Brazos Valley Human Trafficking Task Force Grant funds. Motion: Approve, Moved by Commissioner Nancy Bevy, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 30. Personnel Change of Status. • a. Employment & Separations • b. Personnel Action Forms • c. Personnel Action Forms A copy of the Personnel Change of Status is attached. Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 31. Payment of Claims. Claims 8124800 — 8124932 9008589 — 9008641 Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes: Aldrich, Berry, Konderla, Peters, Watson. 32. Acknowledgement of FY 2022-2023 Budget to Actuals by Fund as of September 20, 2023. Acknowledgement of FY 2022-2023 Contingency Budget to Actuals by Fund as of September 20, 2023. The Court acknowledged receipt of the 2022-2023 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of September 20, 2023. 33. Acknowledgement of monthly reports submitted in September 2023. The Court acknowledged receipt of the Extension Service reports submitted in September 2023 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk Constable, Precinct 2 34. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 38 juveniles in the detention center, 33 are male and 5 are female, and 26 have electronic monitors. 35. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 711 inmates in jail, 599 inmates are male, 112 are female and 57 have electronic monitors. 36. Announcement of interest items and possible future agenda topics. There were no announcements. 37. Call for Citizen input and/or concerns There was no citizen input. 38. Adjourn. Pg I of W BRAZOS COUNTY COMMISSIONER'S COURT DAY OF i 1 l Name (PLEASE PRINT) . . 4tpt k&00w?J - Organization (PLEASE PRINT) d9k ,t i r Lbyy) M A) Q c.5c) m f;J60& % F JF-A . -Fay- WZ C , Pg Z of . BR.AZOS COUNTY COMMISSIONER'S COURT Name" (PLEASE PRINT) d Known z I AI l ke S�cp-&- r� OF ,J� 1 AMMM,Lr� Organization (PLEASE PRINT) C- rTl 14-t.6 co -s149• SCIT T 8,T n 7J- Pg3—of �, BRAZOS COUNTY COMMISSIONER'S COURT cuA DAY lal ev Name (PLEASE PRINT) A -,ft. Arl, 1- r/ �l CLI [4M v. E-Vcxq a r COGP'e1Y Syw 1 �1'J -r OF �c�cc� 20�3 Organization (PLEASE PRINT) bC�oS C � . (a co �..�- �►� -ewc� C) Uvv Qra7as r e/-. z- us CO Lq 1 �✓iZ� '�S Cb � - I '� . Pg—cof BRAZOS COUNTY COMMISSIONER'S COURT SAY OF .- 20.623, lot-ioc) AMM-W-9 Name (PLEASE PRINT) t�. ri4,,, V l -r A v,-V< ! `YA e' Organization ' (PLEASE PRINT) C L Dr. Mike Clumpner is a 32-year veteran of public safety, including 31 years in the fire service, 28 years as a paramedic, and 14 years in law enforcement special operations. Mike is currently a fire battalion chief with the Charlotte Fire Department where he commands one of the busiest of the eight battalions in the city. Mike also spent nine years as a flight paramedic on a helicopter based at Spartanburg Regional Medical Center, a Level I trauma center. Mike is a 14-year veteran with the Richland County (SC) Sheriff's Department, where he is assigned to the full-time SWAT tecun as an operator/senior tactical. paramedic. Mike is also distinguished faculty at the University of Maryland and New York University. Mike has served for seven vears as contract instructor for the Department of Justice teachuig multiple classes in Quantico, Virginia and various field offices. Mike currently serves in leadership roles on numerous local, state, and federal active shooter work groups. Mike also currently serves as a senior counter -terrorism advisor for the Department of Defense and NATO Tier 1 counter -terrorism teams. Mike has three undergraduate degrees, a master's degree, and a PhD in homeland security policy. Mike's dissertation research focused on integrated law enforcement, fire, and. EMS response to active shooter events. Since 2005, Mike has accumulated more than 35,000 hours researching active shooter and terrorist attacks. In 2019, Mike served as the deputy incident commander at a university active shooter event. Mike has Lectured at more than 400 conferences on four continents and authored or co-authored 10 textbooks. Mike has trained more than 150,000 responders on active assailant events. Mike is the President and CEO at Threat Suppression, Incorporated. TIMAI WPI' SIOW www: ]FhreitSul pression.com infoOThreatSuppression.com 01 W HE 0 Since 2009, active shooter events have increased 600% and the number, of victims. killed at each incident has increased 200%. Recent active assailant events have required public safety agencies small and large to analyze :their ability to effectively respond to these types of events: This powerful, fast -paced lecture will discuss many facets of active assailant response across the spectnun of public safety, including law enforcement, fire, EMS, and 9-1-1 .response. This course will also present response "best practices" from public safety agencies around the country. This is not a "typical" active shooter/active assailant lecture. This presentation does not focus on one aspect of response. Instead, this presentation looks at the totality of the event from many different perspectives. Firmly grounded in more than 50,000 hours of Threat Suppression research, this presentation utilizes more than 400 references. The instructor for this course has led 75 large- scale active shooter exercises and commanded an active shooter event. This course will provide decision -makers the right questions to ask so that an optimal active shooter response plan can be created in their community. • The evolution of the active shooter perpetrator • The active assailant and variety of hostile events • Psychology and "profile" of khe school shooter, the adult active shooter, and terrorism -motivated shooter • The concept of "threat leakage" and prevention of active shooter events • Previous active shooter response tactics and the need for change • Law enforcement, fire, and EMS response priorities and considerations at active assailant events • Asymmetric attack tactics used by active shooters, including fire - as -a -weapon, explosives, vehicle -as -a -weapon, denial -of -entry tactics, and chemical munitions • The dynamics of complex, coordinated terrorist events • Different Rescue Task Force models • Research on preventable deaths at active shooter events • Hostile event prehospital medical best practices • Transitioning between active shooter and hostage/barricade • General considerations for public safety response including, 91.1 response, media affairs, and post -event actions • NFPA 3000 and the implications for response agencies • Lessons learned from multiple active shooter events _THREAT SU[?I'RESSION'" ;,_ -- Active Shooter Course Led by Threat Suppression Hosted and Sponsored by BVRAC THREAT SUPPRESSION INCORPORATED October 9th • "School Administrator Response to the Active Shooter/Active Assailant" (8 AM - 4- hrs. • "Joint Public Safety Response to Fire -as -a -Weapon" (1 PM - 4 hrs.) October 10th • "Joint Public Safety Response to the Active Shooter/Active Assailant" (8 AM - 8 hrs.) October iith • "Hospital Response to the Active Shooter/Active Assailant" (8 AM - 4 hrs.) PZ0S A� ADVISOR'S00 :rr.�: National 4=H Week Proclamation WHEREAS, The Brazos County Commissioners Court is proud to honor the Texas 4-H Youth Development Program of the Texas A&M AgriLife Extension Service for 115 years of providing experience -based education to youth throughout the Lone State State; and WHEREAS, This admirable program, which seeks to provide a learning experience for all youth through their head, heart, hands, and health, helps young Texans to acquire knowledge, develop life skills, and form attitudes to enable them to become self -directed, productive, and contributing members of our society; and WHEREAS, The program's more than 550,000 urban, suburban, and rural youth participants, ranging in age from eight to eighteen, come from diverse ethnic and socioeconomic backgrounds and truly represent a cross-section of the state; and WHEREAS, The program undoubtedly could not have achieved the success that it has today were it not for the service of its' more than 30,000 volunteers, who have given generously of their time, talents, energies, and resources to the youth of Texas; and WHEREAS, Throughout its proud history, the 4-H program has developed positive role models for countless Texans through its innovative and inspiring programs, and continues to build character and instill the values that have made our state strong. Now, therefore, be it RESOLVED, The Brazos County Commissioners Court, hereby designate October 1-7, 2023, as National 4-H Week in Texas, and commend the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service and the many men -and -women who 4aveTnade-the program a success. Countv Judge Commissioner Precinct 1 nz;�6t��2� Commissioner Precinct 3 r Commissio r Precinct 2 Co 'issioner Precinct 4 Srcp-FCYrilit'(Z— o2&t a0a-3 Date BRAZOS COUNTY, TEXAS ACCEPTANCE OF DONATED/AWARDED PROPERTY DONATION OF COUNTY PROPERTY Date: 9/18/2023 Acceptance of Donated/Awarded Property Donation of County Property (Awarded property requires signed court documentation) Acceptance of Donated Inmate Property (Requires signed inmate documentation — NO VALUE ASSESSED) Item Description: Ballistic Shields Please provide allinformation requested below as applicable to the property being accepted or donated. Forms containing any blank fields will be returned for completion. Make: Baker Shields Model: mmaps level 3+ year: 2023 �✓ Functional 0 Non -Functional. Explain if Non -Functional SNNIN #: 230216117, 230216118, 230216119 Additional Description/Information: MRA.PS level III ++ Ballistic Shields The 100 Club bought three ballistic shields from Baker Ballistics. $5502.00 each. Estimated Value: $ 5,502.00 I)L 3 = * lb 50b 0'3 Check box for Capital Asset (value/initial cost is over $5000) Check the appropriate account based on estimated value of property being accepted: 61235000 (Donation - Other)* 60010000 (Minor Property - $1 - $4999) 80010000 (Capital Property - Over $5000) Check the appropriate entity property being donated to: Government Entity: Other (Due to Statuatory requirements prior approval is required by Purchasing: Constable Pct. 2 Organization Name Organization Name *Donation — Other account 61235000 is to be used ONLYfor cash/check funds donated to Brazos County. I certify that the above -mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or reject the donation will be trade at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating, maintenance, and insurance costs. Requesting Department: Constable Pct. 2 Department Name Authorized'Signature Organization Receiving Donated Property: i Authors ed Signature Approved by Comm' sione C urton thisa(O day of S-C-P"[`t E2 O QaS Commissioners Court Approval DEPARTMENT - DATE OF COURT MEETING ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name MAttachmentsA'Ataue BRAZOS COUNTY BRYAN, TEXAS NUMBER: 9/26/2023 Approval to release previously earmarked American Rescue Plan Act funds for HVAC/Air purification systems totaling $1.5 million. Funds will remain in the general fund to use for previously identified projects. Commissioners Court 09/18/2023 False False $0.00 Descri to ion . Tvne AP9QR0 7_'-� f:3 Duane Peters Date County Judge Ei DEPARTMENT: DATE OF COURT MEETI NG: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name nbAtt=t,nwbAudable BRAZOS COUNTY BRYAN, TEXAS NUMBER: 9/26/2023 Approval of the earmark of $500,000 of the revenue replacement funds through the American Rescue Plan Act to be reallocated to Wickson Creek SUD for the purchase of emergency generators. Commissioners Court 09/18/2023 False False $0.00 Description Tvoe R07 2�(Lo l� Duane Peters Date County Judge Brazos County Job Description Last Updated: October 2023 Template Revision 12 0578-17 Class Number: B2540 Title: District Judge 472nd District Court Pay Group: DJ Department: 472nd District Court FLSA Status: NIA Reports to: NIA Approved Date: 09/26/23 EEOC Category: Officials and Administrators General Summa : A District Judge presides over a District Court, which is a trial court of general subject matter jurisdiction under the Texas Constitution. District Courts have general original jurisdiction over all causes of action for which a remedy or jurisdiction is not otherwise provided by law or by the constitution and have the power to issue various writs to enforce their jurisdiction. District Judges also have some county administrative responsibilities. Essential Duties: Presides over a District Court which is required by law to give preference to civil, family law and juvenile matters; Presides over hearings, jury trials, and non jury trials related to the following: tax cases in Brazos County; felorry criminal cases and all misdemeanor cases in addition to those involving official misconduct; divorce cases; suits for title to land and enforcement of liens on land; contested elections; suits for slander or defamation; suits on behalf of the state for escheat; and family law matters and civil matters where the amount in controversy meets specific statutory amounts; Issues writs of habeas corpus, mandamus, injunction, certiorari, sequestration, attachment, gamishment, or other writs necessary to enforce the District Court's jurisdiction; Impanels a Grand Jury, receives indictments from Grand Juries, and tries the person(s) accused in the indictment; In conjunction with other District Judges in Brazos County, oversees the operations of the County Auditor and Community Supervision & Corrections departments, including appointing and removing the County Auditor and the Chief Adult Probation Officer, Conducts legal research and prepares legal rulings; Supervises personnel assigned to a District Court; Attends continuing legal education courses as necessary; May serve on various boards such as the Juvenile Board and the Adult Probation Department; May be assigned to hear cases in other counties and regions; and performs other duties as specified by state law or the state constitution. Each District Judge is elected to a four-year term. Other Duties as assigned. Supervision Received: �D Given: Duane Peters a Education ounty fudge Required: Law Degree Preferred: ppqnence Required: A candidate for District Judge must be at least 25 years of age, a practicing attorney or a judge of a court in the State of Texas for four years, a resident of the district in which he/she seeks election, and a citizen of the United States. Preferred: Certfficates, Required: Preferred: of Texas to practice law in the state of Texas Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/1512012 Class Number: B2541 Title: Court Reporter, 472nd District Court Pay Group: 27 Department: 472"d District Court FLSA Status: Exempt Reports To: District Judge Approved Date: 09/26/23 EEOC Category: Office and Clerical General Summary: Records and accurately transcribes all court proceedings. Essential Duties: Attends all sessions of the assigned district court and makes full record of evidence, objections, rulings, voir dire of jury duty, and arguments; Takes full shorthand notes (by machine) of closing arguments, If requested to do so by the attorney of a party to the case, Including objections to the arguments, court rulings and remarks on the objections, and exceptions to the rulings; Takes full shorthand notes (by machine) of oral testimony offered before the court, Including objections made to the admissibility of evidence, court rulings and remarks on the objections, and exceptions to the rulings; Preserves all shorthand or machine notes taken in court for three years from the date taken for future use, and prepares accurate transcripts of court proceedings for appeals or future court use as instructed; Marks and files with the court exhibits introduced into evidence during trials or hearings, and Indexes and files notes taken in court; Locates and reads testimony adduced in court for court or jury assistance; Prepares appeals and. transcripts requests; Prepares monthly reports to Appeals Courts; May conduct deposition of witnesses, receive, execute, and return commissions, and make a certificate of the proceedings in any county that is included in the judicial district of the court; May prepare jury charges in civil cases; May call court to order in absence of Bailiff; "IPR And may perform secretarial services which assist in the administrative functions of the cc Other Duties as assigned. - - UllAne PPtP.rc ile+e SUjJerVlSlon Comity Judge Received: From District Judge Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent, graduation from court reporting school; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least two years of experience Preferred: Brazos County ' Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B2542 Title: Court Coordinator, 472nd District Court Pay Group: 21 Department: 472nd District Court FLSA Status: Non -Exempt Reports To: District Judge Approved Date: 09/26/23 EEOC Category: Paraprofessional General Summa : Coordinates and maintains the court's calendar and docket for District judge, and acts as a liaison between the judge and general public regarding the court calendar, schedule of settings. Essential Duties: Acts as liaison between Judge and general public regarding court calendar, schedule of settings and jury management; Schedules court proceedings and maintains court calendar, including resolving calendar conflicts for Judge, attorneys and litigants with approval of court; Coordinates the availability of lawyers, parties, and court personnel in setting the docket; Sets and supervises movement of cases and various proceedings; Posts and distributes copies of dockets to appropriate offices; Maintains awareness of developments in court activities and reports all delays in case movement; Notifies parties for their appearance at proceedings; "PRO Notifies defendants to appear In court; Types and prepares paperwork for setting of cases; �r 3 Mails all appropriate paperwork to all parties; �P Duane Peters Date Performs general clerical duties when court is not in session; County Judge Provides assistance to the public, including directing people to the appropriate offices; Performs duties of the Administrative Secretary in that person's absence; May perform some duties of the court Bailiff, and May assist with the maintenance of a variety of records on court activities. Other Duties as assigned. Supervision Received: From District Judge Given: This Is a non -supervisory position. However, provides direction to other court personnel. Education Required: High school graduation or Its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least two years of experience. Preferred: Brazos County Job Description Last Updated: October 20203 Template Revision 1.2 08115/2012 Class Number: B2544 Title: Bailiff, 472nd District Court Pay Group: 17 Department: 472nd District Court FLSA Status: Non -Exempt Reports To: District Judge Approved Date: 9/26/23 EEOC Category: Protective Service Workers General Summary: Serves as judge's personal security officer; and assists the judge in administering courtroom procedure and in maintaining order in the courtroom. Essential Duties: Other duties may be assigned. Provides protection to the judge, jury, inmates, and people in the courtroom. Prepares the courtroom for various legal proceedings including setting up the courtroom for jury trial seating of jurors. During jury trial juror selection, assists Jury Services personnel in seating jury panel, issues parking passes to the panel, keeps an accurate log of panel and members being excused, and prepares the final list of chosen jurors. Assists judge in preparing for legal proceedings, including pulling case files, calling agencies to arrange for court appearances, and scheduling proceedings. Returns files from courtroom to the district and/or county clerk's offices. Maintains order in the courtroom, including warning, removing, and/or restraining individuals whose behavior is disruptive to the proceedings. Transports and supervises jail inmates to and from the Courthouse holding cells. Calls witnesses to give testimony in court. Supervises jury in the course of a jury trial, including providing security for and escorting to jurors. Performs searches of persons as needed. Prepares affidavits of non-appearance for bond forfeitures. Secures courtroom and offices of the court at the end of the day. May maintain daily log of court accomplishments. May perform the duties of Administrative Secretary. May perform the courtroom duties of the Court Coordinator to include setting up the courtroom for ZOOM/SKYPE testimony and setting up ZOOM/SKYPE participants for testimony. May disinfect courtroom surfaces prior to hearings, between hearings, and at the end of the day. May dispose of criminal cases and CJIS reporting as needed. Maintains in good working order all inmate restraining devices such as handcuffs, ankle shackles, and inmate transport chains. Maintains a fresh inventory of soft drinks, bottled water, coffee, and coffee supplies for the jury; other duties as assigned by the judge. APPRO Other Duties as assigned. "M6 Supervision Received: From District Judge Duane Peters •� Given: This is a non -supervisory position. County Judge Education Required: High school graduation or its equivalent, plus at least two years of experience; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Re /strations Required: Basic certification as a jailer by the Texas Commission on Law Enforcement (TCOLE), licensed Texas Peace Officer is preferred, but not required. Hold and maintain the Court Security Specialist Certification with the Texas Commission on Law Enforcement (TCOLE). Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 0811512012 Class Number: B2546 Title: Administrative Secretary, 472nd District Court Pay Group: 16 Department: 472nd District Court FLSA Status: Non -Exempt Reports To: District Judge Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summary: Provides secretarial assistance to the District Court, including assisting visitors and callers, typing various legal documents, maintaining a variety of records, and performing office management functions. Essential Duties: Assists with the preparation of legal documents and briefs; Provides assistance to the public, including directing people to the appropriate offices; Responds to routine inquiries about cases; Performs office management functions, including maintaining inventory of supplies, preparing Judge's travel expense reimbursements, preparing budget and equipment needs for the court, and maintaining records on salaries and leave time: Monitors court expenditures and compares against budget; Reviews court budget and recommends changes to Judge; Supervises incoming mail and mail distribution activities; Types and prepares paperwork for setting of cases; Mails all appropriate paperwork to all parties; Types a variety of documents including letters, statements, memoranda, reports, and legal forms; Maintains a variety of records on court activities; APPROVED Assists with maintaining time reports of court personnel and preparing payroll; 1 l Secures appointment of visiting Judges when requested by the presiding Judge; { o2iplO Maintains internal correspondence files and court's library; Duane Peters Date Performs duties of the Court Coordinator in that person's absence; COUntY Judge Assists with the preparation of the court budget; and Assists the Court Coordinator when requested. Other Duties as assigned. Su envision Received: From District Judge Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: ►3 Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/1512012 Class Number: B2201 Title: Misdemeanor Associate Judge Pay Group: B2201 Department: Associate Court #1 FLSA Status: Exempt Reports To: District/County Court at Law Judges Approved Date: 9/26/23 EEOC Category: Professional General Summary: The Associate Court 9 Judge presides over bench trials, rules on the admissibility of evidence, monitors the testimony of witnesses, and settles disputes between prosecutors/petitioners and defense attorneys/respondents. When standard procedures do not already exist, the judge establishes new rules based on his/her own knowledge of the law. Judge must ensure that all proceedings are fair and protect the legal rights of everyone Involved. Associate Court Judges are appointed by the District and County Court at Law Judges with approval from the Commissioners Court. Essential Duties: Perform all duties as set forth in the Texas Government Code Section 54A, et A and Brazos County Local Rules; Maintains compliance with the Brazos County Indigent Defense Plan; Oversees compliance with Brazos County Electronic Monitoring Program and Serve Time Defendants. ,IRO Other Duties as assigned. Dm a Pf✓telS Supervision County -Judge Received: Given: This is a supervisory position, which includes supervision of the court coordinator and bailiff. Education Required: Doctorate of Jurisprudence Preferred: Required: Resident of Brazos County, Texas; licensed to practice law in Texas for at least four years; Must not have been removed from office by impeachment, by the supreme court, by the governor or address to the legislature, by a tribunal reviewing a recommendation of the State Commission on Judicial Conduct, or by the legislature's abolition of the judge's court; and Not have resigned from office after having received notice that formal proceedings by the State Commission on Judicial Conduct had been instituted as provided by Section 33.022 and before final disposition of the proceedings. Preferred: Cerfifrcates, Licenses, Registrations Required: Licensed attorney Preferred: Z3 Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B2207 Title: Court Reporter — Family Law Associate Judge Pay Group: 27 Department: Associate Judge #2 FLSA Status: Non -Exempt Reports To: Family Law Associate Judge Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summary: Records and accurately transcribes all court proceedings. Essential Duties: Attends all sessions of the assigned associate court and makes full record of evidence, objections, rulings, voir dire of jury duty, and arguments; Takes full shorthand notes (by machine) of closing arguments, if requested to do so by the attorney of a party to the case, including objections to the arguments, court rulings and remarks on the objections, and exceptions to the rulings; Takes full shorthand notes (by machine) of oral testimony offered before the court, including objections made to the admissibility of evidence, court rulings and remarks on the objections, and exceptions to the rulings; Preserves all shorthand notes pursuant to Texas Rules of Appellate Procedure and the Texas Government Code and prepares accurate transcripts of court proceedings for appeals or future court use as requested; Marks and files with the District Clerk exhibits introduced into evidence during trials or hearings. i Locates and reads testimony adduced in court for court or jury assistance; Prepares appeals: Prepares monthly reports to Appeals Courts; May conduct deposition of witnesses, receive, execute, and return commissions, and make a certificate of the proceedings in any county that is included in the judicial district of the court; May prepare jury charges in civil cases; May call court to order in absence of Bailiff; May perform secretarial services which assist in the administrative functions of the court. May assist jury in absence of bailiff. Other Duties as Supervision Received: Family Law Associate Judge a(�� Given: Duane Peter Dato This is a non -supervisory position. County Judge Education Required: High school graduation or Its equivalent, graduation from court reporting school or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: Preferred: At least two years of experience. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/1512012 Class Number; B2208 Title: Bailiff, Family Law Associate Judge Pay Group: 17 Department: Associate Judge #2 FLSA Status: Non -Exempt Reports To: Family Law Associate Judge Approved Date: 9/26/23 EEOC Category: Protective Service Workers General Summary: Serves as Judge's personal security officer; and assist the Judge in administering courtroom procedure and in maintaining order in the courtroom. Essential Duties: Provides protection to the Judge, jury and people in the courtroom. Prepares the courtroom for various legal proceedings. Supervises jury in the course of a jury trial, including providing security for and escorting to jurors; Returns files from courtroom to the District and/or County Clerk's offices. Maintains order in the courtroom, including warning, removing and/or restraining individuals whose behavior is disruptive to the proceedings. Transports and supervises jail inmates to and from the County jail. Calls witnesses to give testimony in court. Performs searches of persons as needed. Secures courtroom and offices of the court at the end of the day. Maintains docket statistics for Family Law Associate Court. Performs all other duties as requested by Judge. May perform the duties of Administrative Secretary and courtroom duties of the Court Coordinator, �O Some Clerical — organizing detailed exhibits, shredding documents, etc. Supervision Received: Family Law Associate Judge Duane Peters Date �ounty�udg Given: This is a non -supervisory position. Education Required: High School graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least two years of experience. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B2209 Title: Court Coordinator, Family Law Associate Judge Pay Group: 21 Department: Associate Judge #2 FLSA Status: Non -Exempt Reports To: Family Law Associate Judge Approved Date: 9/26/23 EEOC Category: Paraprofessional General Summa : Coordinates and maintains the court's calendar and docket for Family Law Associate Judge, and acts as a liaison between the Judge and general public regarding the court calendar, schedule of settings. Monitors Inmates for attorney status Felony Associate Judge. Essential Duties: Acts as liaison between Judge and general public regarding court calendar and schedule of settings. Schedules court proceedings and maintains court calendar, Including resolving calendar conflicts for Judge, Attorneys and litigants with approval of court. Coordinates the availability of lawyers, parties, and court personnel in setting the docket. Sets and supervises movement of cases and various proceedings. Posts and distributes copies of dockets to appropriate offices. Maintains awareness of developments in court activities and reports all delays in case movement. Notifies parties for their appearance at proceedings. Types and prepares paperwork for setting of cases. Mails all appropriate paperwork to all parties. `C2 Performs general clerical duties when court is not in session. Duane Peters bate Provides assistance to the public, including directing people to the appropriate offices. County Judge Performs duties of the Administrative Secretary. May perform some duties of the court Balliff and may assist with the maintenance of a variety of records on court activities. Other Duties as assigned. Supervision Received: Family Law Associate Judge Given: This Is a non -supervisory position. However, provides direction to other court personnel. Education Required: High School graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: Experience Required: At least two years of experience. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B0819 Title: Building Event Worker Pay Group: 11 Department: Brazos Center FLSA Status: Non -Exempt Reports To: Director and Event Coordinator Approved Date: 9/26/23 EEOC Category: Service/Maintenance General Summa : This is a temporary part time position that involves being responsible for the safety of the customers, setting up the rooms as specified in the layout book, overseeing the cleanliness of the building and grounds, and must meet the customer's expectations as far as courtesy and prompt response to their requests. Essential Duties: Cleaning the restroom floors with wet mops and disinfectant and vacuuming mats at the beginning of each shift. Restock the paper towels, hand soap and tollet paper. Cleaning the floors with wet mops for spills and food. Dust, mop the concourse, assembly rooms and hallways regularly to remove excess dirt. Autoscrub assembly room floors before setting up the tables and chairs. Empty all trash containers at the end of the eventlevening. Before the event seek out the person in charge and introduce yourself and tell them where you can be found throughout the event. Make sure sound levels are appropriate for each group. During events you should be visible and available. Check restrooms every 30 minutes. Lock rooms that are not being used. Lock office when you are not In It and leave it locked at the end of the night. Check the areas the caterer or bartender use for cleanliness before they leave. When an event is coming to an end you are to be present In the room. Before leaving for the night, check all rest rooms, clean and restock as needed. Vacuum mats in front of doors and in restrooms. AM� Turn off all Interior lights in the building. Store equipment and supplies appropriately. Make sure all exterior doors are locked. Duane Peters. late Close overhead door completely. vacuum office every evening. County Judge Priorities are, Safety, Customer Service, Rules enforcement and Cleanliness Other Duties as assigned. Supervision Received: From Director and Event Coordinator Given: This is a non -supervisory position. Education Required: High School graduation or its equivalent. Brazos County Job Description Last Updated: October 2023 Template Revision 12 0811612012 Class Number: B0117 Title: Receptionist Pay Group: 13 Department: Commissioners Court FLSA Status: Non -Exempt Reports To: Executive Assistant Approved Date: 9/26123 EEOC Category: Office/Clerical General Summary., Performs receptionist duties, including answering phones and greeting the public. Receives, processes, and distributes mall and other correspondence. Assists Commissioners, Executive Assistant and Administrative Assistant in the daily operations of the office. Essential Duties: Performs receptionist duties including answering phones and greeting public Performs secretarial duties for Commissioners, Executive Assistant and Administrative Assistant Receives and distributes mail and other correspondence Maintains calendars and schedules appointments for Commissioners Communicate effectively both in writing and orally Preforms various office duties such as making copies, scanning, and generating court packets Maintains county phone list Prepares various correspondence, including letters, memos, and other documents Monitors inventory of all office supplies and ordering of supplies Monitors office equipment and scheduling of repairs Must be able to multitask, maintain confidentiali and have an effective working relationship with co-workers Other Duties as assigned. Supervision Received: Given: This is a non -supervisory position and is supervised by the Executive Assistant and Commissioners Education Required: High School graduation, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: Must be able to perform each essential duty satisfactorily. Preferred: Certificates, Licenses, Re istrations Required: None Duane -Peters Date - County Judge Brazos County Job Description Last Updated: October 2023 Template RevW*n 1.2 08/1512012 Class Number: B7120 Title: County Extension Agent - Agriculture Pay Group: B7120 Department: County Agriculture Extension FLSA Status: Exempt Reports To: D9 Admin/BCCC Approved Date: 9/26/23 EEOC Category: Administrative Support General Summary: Provide outcomebased educational programming in the area of agriculture and natural resources based on local stakeholder input. Serve as the County Coordinator and Extension Department Head based upon the recommendations of the District Extension Administrator. Essential Duties: Provides leadership for an effective educational program that supports the food and fiber industry, agriculture, and natural resources. Responsible for planning, implementing, and evaluating an effective outcome -based program that supports identified issues in Brazos County; responsible for effectively reporting, marketing, and interpreting results of programming efforts. Develops and works With stakeholder -based committees that provide direction for Extension programs supporting agriculture and natural resources. Works with agribusiness and community -based organizations to effectively link Extension and agriculture to the community. Other Duties as assigned. Supervision Received: Reports directlly to the District Extension Administrator. Given: Oversee support staff. Education Required: Bachelor's degree. Preferred: Master's Degree in agriculture and natural resources. Experience Required: Planning, implementing, and evaluating outcome based -educational programming. Preferred: Prior experience in Extension education. LAP Certificates, Licenses, Registrations Required: ` Duane peters Date Preferred: County Judge Physical Demands Typical: Sitting, standing, lifting up to 50+ pounds, working long irregular hours in various conditions. Knowledge, Skills, & Abilities Typical: Livestock, pasture, field crops, agricultural economics, water quality, conservation, natural resource managemnt. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/16/2012 Class Number: B7122 Title: County Extension Agent - Family and Community Pay Group: B7122 Department: County Agriculture Extension FLSA Status: Exempt Reports To: D9 Extension Admin, BCCC Approved Date: 9/26/23 EEOC Category: Administrative Support General Summary: Provide outcome based educational programming in the area of food and consumer sciences based on local stakeholder Input. Essential Duties: Provides leadership for an effective educational program that supports family and community health. Responsible for planning, Implementing, and evaluating an effective outcome -based program that supports Identified issues in Brazos County; responsible for effectively reporting, marketing, and interpreting results of programming efforts. Develops and works with stakeholder -based committees that provide direction for Extension programs supporting FCH. Works with schools and community -based organizations to effectively link Extension with family and community health. Assists with Implementation of the 4-H youth development programs as assigned. Other Duties as assigned. Supervision Received: Reports directlly to the District Extension Administrator. Given: Oversee support staff. Education Required: Master's degree in appropriate field or bachelor's degree with an 8 year agreement to obtain Masters Preferred: Graduate degree in family and community health or related field Experience Required: Foods and nutrition knowledge/skills, 5 years post Bachelors work experience Preferred: Demonstrated professional & technical competencies in food safety,,FCS econ, elder care, health ed. APPR� Certificates, Licenses, Re istrations Required: Computer competencies required Duane Peters Date Preferred: Count h L Eh sica/ Demands Typical: Light, sitting, standing, lifting up to 20 pounds, working long Irregular hours, typically 40 plus.. Knowledge, Skills, & Abilities Typical: Strong service ethic and willingness to work with all audiences; ability to communicate effectively Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B7126 Title: County Extension Agent —4-H Pay Group: B7126 Department: County Agriculture Extension FLSA Status: Exempt Reports To: D9 Extension Admin, BCCC Approved Date: 9/26/23 EEOC Category: Administrative Support General Summary: Provide outcome based educational programming in the area of 4-H and Youth Development based on local stakeholder input. Essential Duties: Provides leadership for an effective educational program that supports 4-H and Youth development. Responsible for planning, implementing, and evaluating an effective outcome -based program that supports identified issues in Brazos County; responsible for effectively reporting, marketing, and interpreting results of programming efforts. Develops and works with stakeholder -based committees that provide direction for Extension programs supporting 4-H and youth development. Works with schools and community -based organizations to effectively link Extension and 4-H to the community. APPROVED Other Duties as assigned. Duane -Peters 1-10rA Su ervision untY age Received: Reports directlly to the District Extension Administrator. Given: Coordinates various 4-H committees and project areas. Oversees support staff. Education Required: Bachelor's degree in related field Preferred: Masters or Graduate degree in YD, EDU, early childhood, sociology, AG, FCS or related field Experience Required: Experience working with youth Preferred: Prior experience in Extension education. Experience in program/project coordination & planning Certificates, Licenses, Registrations Required: Computer competencies required, Texas drivers license Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B7130 Title: Program Assistant - 4-H and Youth Pay Group: 11 Department: County Agriculture Extension FLSA Status: Non - Exempt Reports To: CC, BCCC, 4-H Agen Approved Date: 9/26/23 EEOC Category: Administrative Support General Summary: Provides leadership for the Brazos County 4-H & Youth Development Program under direction of the 4-H Agent. Assists in planning, implementing, training, and evaluating an effective outcome -based youth program. Essential Duties: Develops and coordinates committees that provide direction for Extension programs supporting 4-H. Provides training for committees, other program volunteers, and 4-H youth to enhance program and develop youth life skills. Works with schools and community -based organ Other Duties as assigned. Experience ----County Judge Required: Experience in working with youth Preferred: Demonstrated professional & technical competencies in related areas Certificates, Licenses, Re isirations Required: Texas Driver's License Preferred: Demands Typical: I Light, sitting, standing, lifting up to 20 pounds; work some evenings and weekends. Knowledge, Skills, & Abilities Typical: Microsoft Office (Word, Excel, PowerPoint, Outlook); strong service ethic; communicate effectively, organize people, and meet deadlines Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/1512012 Class Number: B0522 Title: Receptionist Pay Group: 14 Department: County Attorney FLSA Status: Non — Exempt Reports To: Administrative Assistant Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summary. Answers telephones for County Attorneys Office; assists walk-in victims; assists defense attorneys by providing them with information pertaining to cases; distributes office mail, performs filing functions for the office; makes copies of documents; and gathers information from the District Clerk's and judges' offices. Essential Duties: Answers the telephones for the County Attorey's Office, including transferring calls and taking messages; Assists walk-in victims, including assisting them in filling out the appropriate paperwork and discussing their complaint with them; Maintains a log of Office staffs' availability throughout the workday; Logs filed cases, attorney motions for active cases, and cases from the Probation department; Assists citizens and public agencies with basic questions about the County Attomey's Office and specific cases, including retrieving relevant information from the computer; and makes appropriate referrals to other public and private organizations when necessary; Assists with filing case cards and information; Assists defense attorneys, including providing them with information relating to cases and DWI tapes; Makes copies of offense reports and other materials as needed; and Gather necessary paperwork from District Clerk's Office and judges' offices Other Duties as assigned. Supervision Received: Given: This is a non -supervisory position. ane PPte>•s - *� Education Required: High school graduation or its equivalent. County Judge Preferred: Experience Required: Preferred: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Certificates, Licenses, Regisfrations Required: Preferred: .3 Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/1512012 Class Number: B0320 Title: First Assistant County Auditor Pay Group: B0320 Department: County Auditor FLSA Status: Exempt Reports To: County Auditor Approved Date: 9/26/23 EEOC Category: Professionals General Summary: Second in command to the County Auditor, reports directly to the County Auditor; responsible for ensuring that all assets of the county are protected; responsible for developing the accounting and internal control procedures to be followed by the county; responsible for approving for payment all claims made against the county before submission to Commissioners' Court; responsible for monitoring the financial status of the county and reporting to the Commissioners' Court. Essential Duties: Responsible for hiring and training all employees. Responsible for general oversight at all levels of accounting records i.e.: receipts, disbursements, revenues and expenditures. Responsible for assisting all offices in the development of internal control procedures to ensure that the assets of the county are protected at all times. Responsible for establishing accounting procedures to be used by the county. Responsible for general oversight of all transactions of the county relating to the accounts of original entry, contracts, payroll, indebtedness, receipts, and disbursements. Responsible for approving all claims made against the county, prior to the bills being presented to the Commissioners' Court. Responsible for the preparation and certification of the annual revenue budget for the county. Responsible for assisting the county budget officer in the preparation of the annual budget Responsible for ensuring that the county is maintaining strict adherence to statutory financial compliance; reviewing all internal audits performed by staff. Responsible for establishing general oversight of a set of complex systems used for financial accounting. Responsible for the preparation and delivery of the Comprehensive Annual Financial Report Responsible for making periodic reports on the financial condition of the county in aggregate. the�Coommissioners' Court and District Judges, and such other data as may be requested; and, �'j' Responsible to act as the fiscal officer for all grant contracts entered into by the co Other Duties as assigned. Supervision Duane Peters Date Received: County Judge Given: Supervise all department employees, including assigning and reviewing work, conducting performance evaluations, and recommending personnel or payroll adjustments to the District Judges. Education ` Required: A certified public accountant, bachelor's degree in accounting; complete understanding of governmental accounting, four years of accounting experience, at least two years of which required supervision of personnel; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Brazos County Job Description Last Updated: October 2023 Template ReNsion 1.2 08/1512012 Class Number: B0328 Title: Budget Analyst I Pay Group: B0328 Department: County Auditor FLSA Status: Non -Exempt Reports To: County Auditor Approved Date: 9/26/23 EEOC Category: Professionals General Summa : Under the direction of the County Auditor, assists with planning, organizing, development, & monitoring of the County's annual budget. Performs financial & statistical analysis needed to support decision making by elected officials and department heads. Essential Duties: Assists with the monitoring of the county's annual budget and Capital Improvement Program (CIP). Analyzes submittals from departments for conformance with instructions and objectives. Performs fiscal analysis on a variety of Issues in support of and to facilitate budgetary decision making. Analyzes actual operating results of each department through the year and compares to projected performance. Responds to special requests for financial data and analysis on current and proposed projects. Assists with the coordination and production of the County budget with emphasis on personnel budgets. Prepares detailed budget charts, tables, and spreadsheets, as needed. APPROVE Other Duties as assigned. r(p Su envision v me-yi✓ ers Date Received: Under the direction of the County Auditor County Judge Given: None Education Required: Graduation from a standard high school or equivalent. Preferred: Bachelor's degree In finance, accounting, public administration, or related field equivalent. Experience Required: 3 Year of accounting, auditing, finance, or budget preparation and analysis, and data trends reporting Preferred: 5 Year of accounting, auditing, finance, or budget preparation and analysis, and data trends reporting Certificates, Licenses, Re istrations Required: None Preferred: Physical Demands Typical: Work requires sustained posture in a seated position, attentiveness to computer use, occasional lifting. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 0811512012 Class Number: B0329 Title: Budget Analyst II Pay Group: B0329 Department: County Auditor FLSA Status: Exempt Reports To: County Auditor Approved Date: 9/26123 EEOC Category: I Professionals General Summa : Under the direction of the County Auditor, assists with planning, organizing, development, implementation & monitoring of the County's annual budget Performs financial & statistical analysis needed to support decision making by elected officials and department heads. Essential Duties: Collects, analyzes, and reports data that supports alternative solutions to budget and management problems. Reviews financial and operating budget reports for accuracy and identifies areas in which more appropriate use of funds can be made. Develops and evaluates performance and workload measures. Examines operating budgets to determine whether funds have been appropriately allocated. Maintains trend data and prepares graphs, reports, and forecasts. Prepares or assists in the preparation of reports on data trends. Prepares or assists in the preparation of operating budgets. Prepares or assists in the preparation of budgets to provide management with expenditure data, trends, and recommendations. Assist with holding departmental budget meetings. Maintenance of the Adopted Budget throughout the fiscal year processing of Budget Amendments; process of Intra-Departmental Operating Transfers. Assist with preparing and distribution of Budget Documents: Proposed Budget, Adopted Budget, Capital Improvement Plan "PRO' Other Duties as assigned. Education Required: Graduation from a standard high school or equivalent. Preferred: Bachelor's degree in finance, accounting, public administration, or related field equivalent. Experience Required: 3 Year of accounting, auditing, finance, or budget preparation and analysis, and data trends reporting Preferred: 5 Year of accounting, auditing, finance, or budget preparation and analysis, and data trends reporting Certificates, Licenses, Registrations Brazos County Job Description Last Updated: October 2023 Templata Revision 12 08115MI2 Class Number. 131334 Title: Records Retention Clerk Pay Group: 14 Department: County Clerk FLSA Status: Non - Exempt Reports To: County Clerk Approved Date: 9/26/23 EEOC Category: Administrative Support General Summary: Performs a variety of clerical, cashier, and customer service activities related to the processing of county licenses, permits, certifications, bonds and other legal documents. Essential Duties: Other duties may be assigned. Responsible for the monitoring of the County Clerk's records retention schedule; Updating• the records retention schedule through the Texas State Library and Archives Commission; Maintaining list of records belonging to the County Clerk's Office; Maintaining list of records destroyed according to the County Clerk's records retention schedule; Acting liaisons between the County Clerk's Office and the Texas State Library and Archives Commission; Maintains files for Probate, Civil, Civil Condemnation, Mentally III, Criminal and others; Other duties as assigned by the County Clerk. APPR 0 a� Other Duties as assigned. rs uu �. Supervision Received: From County Clerk Given: This job requires the supervision of department personnel Education Required: High school graduation or its equivalent, plus at least five years of experience; or any equivalent combination of education and experience which provides the required knowledge, skills and abilities. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: None Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/1512012 Class Number: B0916 Title: Court Reporter Pay Group: 27 Department: County Court at Law 2 FLSA Status: Non -Exempt Reports To: County Court at Law Judge #2 Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summary: Records and accurately transcribes all court proceedings. Essential Duties: Attends all sessions of the assigned county court -at -law and makes full record of evidence, objections, rulings, voir dire of jury duty, and arguments; Takes full shorthand notes (by hand or by machine) of closing arguments, If requested to do so by the attorney of a party to the case, including objections to the arguments, court rulings and remarks on the objections, and exceptions to the rulings; Takes full shorthand notes (by hand or by machine) of oral testimony offered before the court, including objections made to the admissibility of evidence, court rulings and remarks on the objections, and exceptions to the rulings; Preserves all shorthand or machine notes taken In court for three years from the date taken for future use and prepares accurate transcripts of court proceedings for appeals or future court use as instructed; Marks and files with the court exhibits Introduced into evidence during trials or hearings, and Indexes and files notes taken in court; Locates and reads testimony adduced in court for court or jury assistance; Handles all evidence presented in Court; May provide assistance to the public, including directing people to the appropriate offices; May perform secretarial services which assist in the adminlstrative functions of the court; and Performs such other duties as may be assigned. A"R0 Other Duties as assigned. J \ 1� l LA Supervision Duane -Peters Da Received: County Judge Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent, plus graduation from court reporting school; plus, experience is desired; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 12 08115/2012 Class Number: B1003 Title: Chief Deputy Treasurer Investments Pay Group: 23 Department: County Treasurer FLSA Status: Exempt Reports To: County Treasurer Approved Date: J9/26/23 EEOC Category: Office and Clerical General Summary: Receives county funds and disburses them to proper accounts: assists in investing and managing county funds; prepares various monthly, quarterly, and yearly reports; and acts as liaison to bankers and brokers. Essential Duties: Handles daily cash receipts, including entering information into the computer, creating batches, and preparing and distributing reports; Reconciles all credit card payments and transfers funds to appropriate accounts daily. Transfers funds between accounts and does necessary wire transfers outside of the county. Assists County Treasurer in investing county funds, including entering data into the computer, maintaining account records, determining the amount of funds available for investment, selecting brokers, and determining dates of maturity, monitors the investments, including tracking the amount invested with each broker, calculating earned interest, market values, net asset values, and average interest rates, and preparing monthly and quarterly reports; Serves as liaison to bankers and brokers to monitor and ensure that funds are available for financial obligations and that enough collateral has been pledged against the funds. Assists with reconciling different bank accounts, including receiving and posting checks, making deposits, and ensuring that fund balances match Auditor's reports; Prepares various reports, including quarterly report on arrest fee and court costs and monthly judicial reports; Conducts research on receipts and disbursements as needed; and Performs various administrative duties, such as filing, answering telephones, greeting and assisting the general public, and responding to questions from other departments Other Duties as assigned. Education From County Treasurer Given: I This is a non -supervisory position; however, this position reviews the work of Assistant County Treasurers, and may act as supervisor in the County Treasurer's absence'. Required: Preferred: Associate's degree in accounting, or equivalent Duane Peters bate 9�n u "g Experience Required: Plus at least two years of experience; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Certificates, Licenses, Registrations Required: Must receive at least 15 hours of approved continuing education for investment purposes. Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/1512012 Class Number: B1004 Title: Assistant Chief Deputy Treasurer Pay Group: 18 Department: County Treasurer FLEA Status: Non -Exempt Reports To: County Treasurer Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summary: Assists in investing and managing county funds; Prepares various monthly, quarterly, and yearly reports: Receives County funds and disburses them to proper accounts; Reconciles bank accounts; Assists the Chief Deputy in all aspects of the job. Essential Duties: Assists County Treasurer In investing county funds in compliance with the Texas Public Funds Investment Act and Brazos County Investment Policy, including maintaining all investment records, determining the amount of funds available for Investment, selecting brokers, determining dates of maturity, updating Investment Policy and Strategies; Monitors investments, including tracking the amount invested with each broker and Investment Pools, calculating earned and accrued interest, calculating Weighted Average Maturity, preparing monthly and quarterly Investment Reports; Reconciles all credit card payments and transfers funds to appropriate bank accounts daily; Assists with reconciling various bank accounts within ERP software and ensuring that fund balances match County Auditor's reports; Transfers funds between Internal bank accounts; Assists in reconciling Bail Bond Collateral; Prepares various reports, including quarterly State Fee Reports utilizing departments' monthly reports on arrest fees and court costs; Assists In collection and reconciliation of Hotel Occupancy Tax; Assists with daily cash recelpting, including entering receipts into correct revenue accounts In ERP software, matching invoices to payments, and preparing and distributing daily cash reports; Conducts research on receipts and disbursements as needed; Creates and maintains spreadsheets for various duties listed above; Assists other Assistant County Treasurers as needed; Performs various administrative duties, such as filing, scanning, answering telephones, greeting and assisting the general public, and responding to questions from other departments Other Duties as assigned. Supervision Received: From County Treasurer Given: This is a non -supervisory position; however, this position reviews the work of Assistant County Treasurers Education Required: Associate degree In accounting, or equivalent. _ "aua3 Duane Peters Date Preferred: %, W "j c J "%.La / Experience Required: At least two years of experience; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Certificates, Licenses, Re isfrations Required: County Investment Academy Certification (can be acquired during first year of employment); Must receive at least 15 hours of approved continuing education for investment purposes annually. Preferred: Ep sical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B0403 Title: 1st Assistant Pay Group: B0403 Department: District Attorney FLSA Status: Exempt Reports To: District Attorney Approved Date: 9/26/23 EEOC Category: Professionals General Summary: Acts as District Attorney in that person's absence; supervises Assistant District Attorneys, including assigning and reviewing their work, conducting performance evaluations, and recommending personnel actions; handles all post -conviction matters including appeals, writs of habeas corpus, writs of mandamus, motions for DNA testing; prepares paperwork required for court proceedings; assists law enforcement agencies, by answering questions of law, drafting search warrants, and drafting forms for use by the agencies; and assists the public with questions or complaints regarding the District Attorney's office Essential Duties: Serves as District Attorney in that person's absence; Supervises Assistant District Attorneys and secretaries, Including assigning and reviewing their work, and conducting performance evaluations; Performs legal research regarding the offense and issues surrounding a case, including preparing memorandums for the court on legal issues that arises in the course of a trial Prepares orders for the trial court on pretrial matters, such as suggested findings of fact and conclusions of law; Prosecutes guilty pleas before the court, including preparing instructions for all plea papers; Trains trial attorneys in law and county and departmental trial procedures; and Assists various law enforcement agencies of Brazos County by answering questions of law, and drafting forms for use by the agencies; Prosecutes appellate matters including the filing of any State's appeal; answering motions for new trial, Including the preparation and prosecution contested hearings; preparing the State's response on direct appeaVmotion for rehearing/petition for discretionary review; arguing an appeal before any courts of appeal and the Court of Criminal Appeals; after mandate, Issue capias/confirm that defendant is serving sentence; Prosecutes post -conviction writs of habeas corpus under Chapter 11 of the Code of Criminal Procedure including the preparation for evidentiary hearings, filing of the State's answer to the application and the State's proposed findings of fact and conclusions of law; Reviews, files and prosecutes cases involving the seizure of money or property pursuant to Chapter 59 of the Coe of Criminal Procedure, Including the preparation for and prosecution of contested hearings; Prosecutes bond forfeitures for defendant's failure to appear at any proceeding requiring his/her presence including receiving payment for bonds forfeited on felony cases from bail bondsmen, Including the preparation for and prosecution of contested hearings; Prosecutes post -conviction motions for DNA testing, Including the filing of any motion, preparing any responsive affidavit(s) and the prosecution of any contested hearing; Assists various law enforcement agencies of Brazos County in the disposition of evidencelproperty after a case is finally disposed, including the filing of any motion and prosecution of any contested hearing; Assists other Brazos County departments by answering questions of law or procedure; Authorizes payment authorizations for seized funds that will be dispersed to the parties involved and authorizes personnel action forms. .EPROM Other Duties as assigned. Supervision~ate Received: From District Attomey Duane Peters Date Given: County Judge Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/1512012 Class Number: B0429 Title: Front Office Assistant Pay Group: 11 Department: District Attorney FLSA Status: Non -Exempt Reports To: Asst. District Attorney Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summary: Answering a multiple line phone system, assist anyone that enters our office and perform basic secretarial duties. Essential Duties: Answering a multi -line phone system, transfer calls appropriately, assist anyone that comes into the office, answer any questions they may have and direct them to appropriate people; Responsible for dispersing all outgoing mail and interoffice mail, retrieving all incoming mail and Interoffice mall and making sure it gets to appropriate people, distribute any paperwork that is dropped off in our office to the appropriate people; Responsible for all incoming faxes and dispersing to appropriate people; Keep all office phone lists updated with current information, Including defense attorney phone list, document all vacation notices in the binder, and post all office information on the bulletin board; Keep all supplies stocked in front area If something needs to be ordered notify the office manager, keep coffee and condiments stocked; Maintains calendar for grand Jury room scheduling; Keep front lobby neat; Fax or email PC statements to defense attorneys as requested; Assist anyone who calls regarding hot checks in the amount of $1500 or more, give them the packet and explain the process; Receive misdemeanor files from CA's Office when the defendant also has a felony case, make a new file with green card, document in master event log and give new file to appropriate court secretary. Other Duties as assigned. Supervision Received: From Asst. District Attorney Given: This is a non -supervisory position Education Required: High school graduation or Its equivalent; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: APPROVED N r Experience Required: At least one year of experience. Preferred: Duane�-Peters Date County Judge Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class (dumber: B0433 Title: Clerk - Temp Pay Group: 11 Department: District Attorney Crime Fund FLSA Status: Non -Exempt Reports To: Asst. District Attorney Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summary: Will aid office staff and prosecutors in daily projects, such as downloading evidence, sharing discovery, shredding, case formation, legal research, and special projects as needed. Essential Duties: Assist prosecutors with organization for upcoming trials. Conducting legal research and analysis for prosecutors on pending cases. Assist legal secretaries in their daily job duties. Assist the office in special projects (file conversions, system transfers, etc.). Aiding the prosecutors in helping to meet with victims and witnesses. Making phone calls to aid the prosecutor in plea negotiations. "PRO Other Duties as assigned. Supervision - uane-Feters late Received: ountY�tT Given: This is a non supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: Preferred: Certificates, Licenses, Registrations Required: None. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B1717 Title: Clerk Pay Group: 11 Department: District Clerk FLSA Status: Non - Exempt Reports To: Supervisor & District Clerk Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summary: Scans documents into the imaging system. Essential Duties: Scan both active and disposed paperwork and files. File documents and files after scanning. Assist the public and other employees, as needed, or requested, with records search which may include microfilm search and making of copies. Assist other employees, as needed, or requested, with answering telephone calls, answering questions, and directing to proper person according to office procedures. Perform all other duties assigned with fall within the general scope and ability level of the job. Assist with the reconciliations of the investment accounts In the registry of the court. Other Duties as assigned. Supervision Received: From Supervisor and District Clerk APPROVM Given: This is a non -supervisory position. ac��a i Education - uarte-reters Required: High school graduation or Its equivalent. county U ge Preferred: Experience Required: To perform this job successfully, an Individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Required: Preferred: Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/15/2012 Class Plumber: B1715 Title: Clerk - Temp Pay Group: 11 Department: District Clerk Records Management Fund FLSA Status: Non — Exempt Reports To: Supervisor & District Clerk Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summa : Scans documents into the imaging system. Essential Duties: Scan both active and disposed paperwork and files. File documents and files after scanning. Assist the public and other employees, as needed, or requested, with records search which may include microfilm search and making of copies. Assist other employees, as needed, or requested, with answering telephone calls, answering questions, and directing to proper person according to office procedures. Perform,all other duties assigned with fall within the general scope and ability level of the job. Other Duties as assigned. Education Wane FeterA Date r Required: High school graduation or its equivalent. County Judge! Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Preferred: Certificates, Required: Brazos County Job Description Last Updated: September 2023 Template Revision 1.2 08/1=012 Class Number: B0168 Title: Clerk Pay Group: 11 Department: Elections Administrator FLSA Status: Non -Exempt Reports To: Election Administrator Approved Date: 9/26/23 EEOC Category: Administrative/Clerical General Summary: Performs a variety of clerical duties for the Elections Administrator Office. Essential Duties: Other duties may be assigned. Assists the public in person, by telephone, and by mail concerning department Information, researching records, filling out forms, and resolving relevant problems; Performs general clerical duties as required, including filing, scanning, indexing, recording Information, and making copies. Processing of Ballot by Mail requests. APPR®VW Other Duties as assigned. a�„ f �v —1 V6k` I UG Supervision uane-,FeteY8 Date Received: County Judge Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent, plus at least six months of office experience, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Ex erience Required: To perform this job successfully, and Individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certfficates, Licenses, Re istrations Required: None Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/1512012 Class Number: B0829 Title: Receptionist Pay Group: 13 Department: Exposition Complex FLSA Status: Non -Exempt Reports To: General Manager, Exposition Complex and Brazos Valley Fair & Exposition Approved Date: 9/26/23 EEOC Category: Office and Clerical General Summary: Performs various administrative functions, including answering telephones, greeting the public, making copies, receiving, and signing for deliveries, handling, and distributing mail, assisting clients during events; maintain employee information, maintain, and update informational binders; occasional assistance with set up, maintain office cleanliness. Essential Duties: Performs various administrative functions, including answering the telephone, handling multiple phone lines, and taking and delivering messages; Greets public and directs them to the appropriate person or office with a positive attitude. Creating and copying documents, making signs, distributing, and printing documents and filing; Processes incoming mail, including sorting and distributing; submits and maintains work orders; maintains and updates accident and Incident reports; maintains and updates Laserfiche files; maintain inventory and hand out supplies. Maintains departmental calendar/schedule. Assist with distributing Information to employees as well as other departments in the county. Occasional assistance with events, directing customers during events and provide event details as part of customer service and other duties as assigned. Occasional on call, nights or weekends may be required. Other Duties as assigned. Supervision Received: General Manager, Exposition Complex and Brazos Valley Fair & Exposition and other Managers Given: This is a non -supervisory position, however, may assign and review the work of temporary or volunteer personnel. Education • Required • High school graduation, or its equivalent; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: At least one year of secretarial or related experience in an administrative professional role is preferred. Experience Required: Two years of administrative experience at an in -office environment. Preferred: Cerfificates, Licenses, Registrations �PR�� Required: None tl�; „— �' _), =�' 3 Preferred: Duane Peters bate L;ounty .ruage Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B0832 Title: Temporary Attendants Pay Group: 11 Department: Exposition Complex FLSA Status: Non -Exempt Reports To: Event Coordinator & All Managers Approved Date: 9/26/23 EEOC Category: Service / Maintenance General Summa : Performs and monitors daily operational responsibilities Including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex including setting -up, cleaning, and tearing -down events. Essential Duties: Cleans meeting and event rooms, including sweeping, vacuuming, and taking out trash; Cleans restrooms, including using commercial chemicals to remove stains/odors and keeps them free of litter. Strips, waxes, buffs, and scrubs floors as needed and instructed. Keeps all floors dusted, mopped, and vacuumed; Assist In painting and other maintenance projects as necessary; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps janitorial and storage areas clean and organized; Must be willing to work various hours as needed including nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in Inventory control Including equipment and consumables; Sets up/tears down meeting and event rooms, including stages, dance floors, pipe & drape, tables, chairs and equipment and assists setup and/or tear down; Ability to operate light to moderate equipment such as tractors with implements, forklifts and skid steer loaders Is a plus; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; clean stands and bleachers; experience operating a cash register is a plus. Other Duties as assigned. Supervision Received: Event Coordinator/Facilitator & All Managers Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least one year of related work experience. Preferred: Some experience In operating a tractor and/or related equipment is preferred. APPROV01 Certificates, Licenses, , Re istrations Required: None. 1 Duane Peters �7�te Preferred: County Judge Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; Requires full range of body motion including manual and finger dexterity and eye -hand coordination. Requires standing and walking for extensive periods of time. Use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of bedding, mulch, and rocks. Specific vision abilities required for this job Include close vision, distance vision, and the ability to adjust focus, N Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 9f1/21 Class Number: B0833 Title: Attendants Pay Group: 11 Department: Exposition Complex FLSA Status: Non -Exempt Reports To: Event Coordinator & All Managers Approved Date: 9/26/23 EEOC Category: Service / Maintenance General Summa : Performs and monitors daily operational responsibilities including janitorial duties, responsibilities and maintenance of the Brazos County Exposition Complex Including setting -up, cleaning, and tearing -down events. Essential Duties: Cleans meeting and event rooms, including sweeping, vacuuming, and taking out trash; Cleans restrooms, Including using commercial chemicals to remove stains/odors and keeps them free of litter. Strips, waxes, buffs, and scrubs floors as needed and instructed: Keeps all floors dusted, mopped, and vacuumed; Assist in painting and other maintenance projects as necessary; Operates a vacuum cleaner and hand cleaning materials, supplies and equipment; Cleans windows, doors, floors, water fountains, and furniture; Empties and cleans waste receptacles and properly disposes of trash; Assists visitors in a polite manner during events at the Exposition Complex; Keeps Janitorial and storage areas clean and organized; Must be willing to work various hours as needed including nights, weekends, holidays, etc.; Communicates with Exposition Complex administrative assistant/secretary regarding janitorial supply inventory; Assists as necessary in inventory control including equipment and consumables; Sets up/tears down meeting and event rooms, including stages, dance floors, pipe & drape, tables, chairs and equipment and assists setup and/or tear down; Ability to operate light to moderate equipment such as tractors with Implements, forklifts and skid steer loaders is a plus; Sets up/tears down rodeo equipment, horse stalls, cattle ties, panels and pens; clean stands and bleachers; experience operating a cash register is a plus. Other Duties as assigned. Supervision Received: Event Coordinator/Facilitator & All Managers Given: This Is a non -supervisory position. Education Required: High school graduation or Its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least one year of related work experience. Preferred: Some experience in operating a tractor and/or related equipment Is preferred. AMTA�anXrl'"I% aaa Un r'Lv 7 iLLd - Certificates, Licenses, Re lstratlons Required: � •- None. Preferred: anyPet a e County Judge Ph sica/ Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; Requires full range of body motion including manual and finger dexterity and eye -hand coordination. Requires standing and walking for extensive periods of time. Use hand to finger, handle, or to feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as bags of bedding, mulch, and rocks. Specific vision abilities required for this job include close vision, distance vision, and the ability to adjust focus. Brazos County Job Description Last Updated: October 2023 Template Revision 12 OB/152012 Class Number: B0856 Title: Manager Pay Group: 26 Department: Exposition Complex FLSA Status: Exempt Reports To•' General Manager, Exposition Complex and Brazos Valley Fair & Exposition Approved Date: 1 9/26/23 EEOC Category: I Officials and Administrators General Summary: Primarily responsible for managing all events (main focus outside events) at the Brazos County Exposition Complex. Also, assists in marketing events as needed for all facilities at the Exposition Complex. Manage event coordination from contract phase through and including the event preparation and post event activities. Assists the General Manager in day -today operation of the Expo and Fair. Along with assisting in special projects. Maintain equipment and Complex grounds. Essential Duties: Performs event coordination functions for the Exposition Complex including serving as a primary team member in event planning, management and evaluation; Is responsible for assisting Managers such as the Sales Managers for Events as needed in primarily sales for all outside facilities at the Exposition Complex; Is responsible for serving as a primary contact person for assigned outside event clients including the execution of the contract through the post event evaluation meeting; Assists customers as needed on the telephone and in person with planning events to be held in all facilities at the Exposition Complex, including explaining all policies, procedures, and contract requirements; Assists the Sales Manager in coordinating and maintaining the master schedule of all events to be held at the Exposition Complex in the outside facilities; Works with and supervises the full-time and part-time/temporary Facility Operations Assistants and Buildings and Grounds Attendants in coordinating set-up and tear -down activities for all events; Distributes Complex event information to local, public and private organizations: Assists in maintaining records of all assigned events held at the Expo Complex facilities; Assists the Sales Manager for Events in performing bookkeeping functions, including posting fees, and deposits to the accounts receivable ledger, and preparing various monthly, and semi-annual financial reports; Confers with General Manager concerning event scheduling, requirements and procedures; Assists General Manager with complex projects; Manages overall maintenance of complex, grounds, and equipment; Exercises discretion and independent judgment as necessary in performing professional responsibilities; Must be willing to work various hours as needed including nights, weekends, holidays, etc.; Other Duties as assigned. Supervision Received: General Manager, Exposition Complex and Brazos Valley Fair & Exposition Given: Assists in supervising event personnel and building and grounds personnel, including assigning and reviewing work and recommending personnel actions. Education Required: A Bachelor of Science degree in a related field; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: Ability to operate tractor, skid steer loaders, and forklifts. Preferred: Preferred two to three years of professional experience. Certificates, Licenses, Registrations _ Required: None. ? ace Preferred: Duane Peters Date ounty Judg Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08I15r2012 Class Number: B0703 Title: Supervisor II - Custodians Grade: 15 Department: Facilities Services - Administration FLSA Status: Non -Exempt Reports To: Director Approved Date: 9/26/23 EEOC Category: Service / Maintenance Workers General Summary: Performs and monitors daily custodial and maintenance of the County Courthouse, Tax Office, Health Department, Annex, and the Building Maintenance Office of the Constable, Precinct 4; supervises crew of Janitors/Custodians, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions. Essential Duties: Other duties may be assigned. Supervises crew of Janitors/Custodians, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions; Monitors the safety and productivity of the work crew; Ensures appropriate supply of supplies and equipment; Cleans the Maintenance Building office; and Performs various public information and security functions including monitoring traffic in and out of buildings; directing visitors to the appropriate county office and location; ensuring that employees leave the buildings safely; and locking the buildings. To perform this job successfully, an individual, must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Other Duties as assigned. Supervision Received: Director of Facilities Services Given: Supervises crew of Janitors/Custodians and Supervisor I. Education Required: High school graduation or its equivalent. Preferred: Experience Required: At least four years of experience; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities Preferred: APPROVED Certificates, Licenses, Re istrations(e Required: None. Duane Peters Date Preferred: County Judge Ph sical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. P Brazos County Job Description Last Updated: October 2023 Template Revislon 12 08/1512012 Class. Number: B0704 Title: Building Caretaker Pay Group: 13 Department: Facilities Services FLSA Status: Non -Exempt Reports To: Director Approved Date: 9/26/23 EEOC Category: Service/Maintenance General Summa : Conducts Inventory and stores supplies received at the Courthouse. Performs daily custodial and maintenance operations of county buildings. Essential Duties: Include the following. Other duties may be assigned. Deliver paper goods and cleansing supplies to janitorial closets and outside offices. Cleans offices, Including sweeping, vacuuming, and taking out trash. Cleans bathrooms, including using commercial chemicals to remove stalns. Cleans windows. Locks and unlocks doors to county offices. APPRO _ D�_ Other Duties as assigned. Duane-PetersDat Supervision County Judge Received: From Director Given: This is a non -supervisory position Education Required: High school graduation or Its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities Preferred: Experience Required: At least one year of experience. Preferred: Certificates, Licenses, Registrations Required: Texas Driver's License Preferred: Brazos County Job Description Last Updated: October 2023 Template Revislon 1.2 08/15/2012 Class Number: B0705 Title: Custodian Pay Group: 12 Department: Facilities Services FLSA Status: Non -Exempt Reports To: Supervisor I - Custodians Approved Date: 9/26/23 EEOC Category: Service/Maintenance General Summa : Perform daily custodial duties Essential Duties: Duties included but not limited to cleaning of offices, sweeping, and vacuuming and trash removal. Cleaning of carpet, mops floors, clean windows and office furniture. Responsible for floor finishes and including stripping, waxing, and buffing hard floor surfaces. APPRO 7-____V Other Duties as assigned. f,_f Su ervision nesters ^� 7) t Received' From Supervisor, Janitor/Custodian County Judge Given: Non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least one year of experience. Preferred: tes, Required: Preferred: Po skeil Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, lie down, and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as tools, equipment, files, and boxes. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/1512012 Class Number: B0706 Title: Supervisor I - Custodians Grade: 14 Department: Facilities Services FLSA Status: Non -Exempt Reports To: Director, Building Maintenance Approved Date: 9/26/23 EEOC Category: Service/Maintenance General Summa : Performs and monitors daily custodial and maintenance of the County Courthouse, Tax Office, Health Department, Annex, and the Building Maintenance Office of the Constable, Precinct 4; supervises crew of Janitors/Custodians, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions. Essential Duties: Other duties may be assigned. Supervises crew of Janitors/Custodians, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions; Monitors the safety and productivity of the work crew; Ensures appropriate supply of supplies and equipment. Cleans the Maintenance Building office; and Performs various public information and security functions including monitoring traffic in and out of buildings; directing visitors to the appropriate county office and location; ensuring that employees leave the buildings safely; and locking the buildings. Other Duties as assigned. Supervision Received: Director of Facilities Services Given: Supervises crew of Janitors/Custodians, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions Education Required: High school graduation or its equivalent, plus at least four years of experience; or Preferred: E erience Required: Any equivalent combination of education and experience that provides the required knowledge, skills, and abilities, Preferred: Certificates, Licenses, Q oZ.� Registrations Required: None. wane eters Date Preferred: unty Jud Ph sical Demands Typical' The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, Ile down, and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as tools and equipment. Specific vision abilities required by this job include close vision and ability to adjust focus. 3 Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08115/2012 Class Number: B0846 Title: Manager Pay Group: 26 Department: Fair Administration FLSA Status: Exempt Reports To: General Manager, Exposition Complex and Brazos Valley Fair & Exposition Approved Date: 9/26/23 EEOC Category: I Administrative Support General Summa : This position is responsible for assisting the General Manager, staff, and volunteers in planning, organizing, establishing, developing, and successfully managing/operating the Brazos Valley Fair & Exposition. It is responsible for assisting the General Manager in providing the overall direction and leadership required to accomplish the mission and goals established for the organization/event. Essential Duties: 1. Assist in being the senior staff member under the General Manager, managing the Brazos Valley Fair & Exposition and providing the direction and leadership needed to develop and grow the organization/event into a nationally recognized mid major or regional fair. 2. Assist in being a mentor and providing leadership/direction to the Assistant Manager and Coordinator of the Brazos Valley Fair & Exposition. 3. Assist in performing all necessary duties/responsibilities required to successfully organize, plan, and manage the Brazos Valley Fair & Exposition each year. 4. Provide leadership in all facets of managing a mid -major fair including an open/junlor livestock show, a rodeo, commercial exhibits, educational exhibits, attractions, carnival operations, entertainment, food/beverage operations, marketing, and sponsorships. 5. Assist in developing and administering fair policies and procedures and setting goals and objectives including the development of creativerinnovative methods or ways to make the Brazos Valley Fair & Exposition a recognized leader In the fair industry. 6. Assist in supervising, training, and evaluating employees and volunteers of the Brazos Valley Fair & Exposition. 7. Assist the General Manager in developing and monitoring the annual budget for the Brazos Valley Fair & Exposition. 8. Assist in identifying and negotiating all sponsorships, donations, contracts, and grants for the Brazos Valley Fair & Exposition. 9. Assist In marketing and promoting the Brazos Valley Fair & Exposition. 10. Assist as necessary in marketing/promoting the Brazos County Expo Complex. 11, Assist as needed with select events at the Brazos County Expo Complex. Other Duties as assigned. Supervision Received: General Manager, Exposition Complex and Brazos Valley Fair & Exposition Given: Responsible for the direct supervision of all personnel and volunteers of the Brazos Valley Fair & Exposition. Education Required: A four-year university/college degree is required. Preferred: Degree in related topic and advanced degrees are preferred. Experience Required: Minimum of three years' experience in a mid -management or upper -level management position with a recognized county, regional/mid major or major fair Is required. Preferred: Experience with the livestock/horse industry and specifically the livestock show industry is desired. Certificates, Licenses, Registrations AM Required: None Preferred: None 02� Duane Peters Date County Judge Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08115=12 Class Number: B2702 Title: Assistant Director Pay Group: 28 Department: Fleet Service FLSA Status: Exempt Reports To: Fleet Service Director Approved Date: 9/26/23 EEOC Category: Officials and Administrators General Summary: Will assist Fleet Director oversee and administer preventive and corrective maintenance on county vehicles and equipment; and supervises the work performance of the Resource specialists, Mechanics, the Mechanics' Helper, and the Parts Manager. Manages Brazos County Fleet and Personnel to do so. Essential Duties: Supervises Mechanics, Resource Specialists, the Mechanics' Helper, and the Parts Manager, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions; Coordinates corrective and preventive maintenance of county vehicles and equipment; Selects qualified and cost-effective vendors to perform some vehicle and equipment service; Reviews vendor's service work; Prepares reports relating to parts and services; Maintains inventories and orders and purchases materials, parts, and office supplies needed for the maintenance and repair of county vehicles and equipment; Prepares and submits specifications for the purchase of new equipment and vehicles, and meets with vendors to obtain best price; Oversees corrective maintenance on county's vehicles and equipment, including performing engine rebuilds and repairs of hydraulic, electrical, cooling, and fuel systems, drive trains, and body work; Oversees scheduled maintenance on vehicles and equipment, including tune-ups, oil and filter changes, grease jobs, battery checks, tire and lubrication checks, and other preventive maintenance; Provides maintenance expertise to mechanics as needed; and Oversees the cleaning and maintenance of tools, diagnostic equipment, and the county garage in an orderly manner. Other Duties as assigned. Supervision Received: From Fleet Service Director Given: Supervises Resources Specialists, Mechanics, the Mechanics' Helper, and the Parts Manager, including assigning and reviewing work, conducting performance reviews, and recommending personnel actions. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least six years of experience. a� Preferred: ae-Fete ate County Judge Certificates, Licenses, Re istrations Required: Class C Driver's Ucense. 4-8 years of automotive mechanical diagnosis, problem solving and repair experience. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ASE Certifications Preferred: M APPROVED Brazos County Template Revision 1.2 08115/2012 Job Description �IOA3 Last Updated: October 2023 Duane Peters Date County Judge Class Number: B0283 Title: Nurse Practitioner - PA - Three - Quarter -Time Pay Group: B0283 Department: Health & Wellness Clinic FLSA Status: Exempt Reports To: Clinic Director, Medical Director & County Judge Approved Date: 9/26/23 EEOC Category: Professionals General Summary: To provide healthcare and promote wellness to the employees of Brazos County and their families as well as provide healthcare to residents of the Brazos County Detention Center, Brazos County Juvenile Detention Center, and contracted sites The Nurse Practitioner/Physician Assistant may work in any setting that is within the scope of his or her supervising physician's practice. The supervising physician's scope of practice shall be defined for the purpose of this section as those tasks and procedures which the supervising physician is qualified by training or expertise to perform. (Essential Duties: Perform complete, detailed, and accurate histories, review patient records to develop comprehensive medical status reports, and order laboratory, radiological and diagnostic studies appropriate for complaint, age, race, sex and physical condition of the patient. Complete,physical examinations and record pertinent. data in electronic medical record in a timely manner. Make medical diagnoses and institute therapy -or referrals of patients to the appropriate health care facilities, agencies, other resources of the community, or other physicians. Institute emergency measures and emergency treatment or appropriate stabilization measures in situations such as cardiac arrest, shock, hemorrhage, and convulsions. Interpret and evaluate patient data to determine patient management and treatment. Provide instructions and guidance regarding medical care matters and laboratory or imaging results to patients. Oversee the clinical functions of staff in providing quality patient care. Perform simple minor surgical procedures such as suturing, wound debridement, incision and drainage of abscess, and simple biopsies, Perform and assist in routine laboratory medical techniques and routine therapeutic procedures within level of training and experience including but not limited to phlebotomy, collection of cultures, injections, immunizations, and wound management. Acts as a patient advocate, coordinator and liaison for BCHWC in dealing with the community. Supports the "team" concept of healthcare and act as a liaison between the Health and Wellness Clinic and Brazos County employees. Contribute to the timely flow of the Brazos County Health and Wellness Clinic by examining, evaluating and treating its patient population in an efficient, effective and timely fashion. Assist in the timely ordering of clinic supplies and vaccines. Present educational lectures on medical topics to the staff and patient population. Assist in maintaining a safe, clean clinic and protecting the confidentiality of each patient by maintaining HIPAA Compliance. Maintain professional and technical competence by staying up to date in all the aspects of general/ family practice by regular continuing education. Inform and consult with the supervising physician about any problems or discrepancies that might arise. Cultivate a climate of trust and compassion with the patients. Comply strictly with medical standards of care and safety standards & regulations. Other Duties as assigned. Supervision Received: Medical: Brazos County Medical Director/Supervising physician Administrative: Clinic Director Given: Clinical Staff of the Brazos County Health and Wellness Clinic Education Required: Graduated college and obtained an undergraduate degree. Post graduate training leading to either a NP or PA degree. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revislon 1.2 08/15/2012 Class Number: B0851 Title: Sales Manager Pay Group: 26 Department: H.O.T. Fund - Exposition Complex FLSA Status: Exempt Reports To: General Manager, Exposition Complex and Brazos Valley Fair & Exposition Approved Date: 9/26/23 EEOC Category: Officials and Admin. General Summary: Responsible for all aspects of sales and marketing/communl cations of all Inside/Outside Exposition Complex facilities. Sales focus may be specified. Works closely with all Managers as well as with Event Facilitators/Coordinators to reach potential customers on a local, regional, state, and national level with a target message for each specific audience. Provide support and data for Sales & Marketing Plan to grow business and increase awareness of the Expo as a premiere event facility in Texas. Essential Duties; Develop and maintain tools necessary to support marketing and sales needs, including but not limited to: Manage and create content for social media profiles including Facebook, Twitter & YouTube; Manage, create, and edit content for website including blog posts, photos, and event details; Manage and track website statistics through Google Analytics; Write, edit, and distribute press releases and upcoming inside/outside event Information to media contacts and online community calendars; Build and maintain relationships with media contacts in local and external markets, promoting awareness of activities and events at the Expo; Manage and assist Event Facilitators/Coordinators with maintaining contact database; APR® D Assist other Managers as needed such as Sales and Operations; Take photographs during select inside/outside Expo events and maintain digital photo library; a W Represent the Expo with booth display at local and external Industry trade shows; Duane Peters bate Assist in publishing the quarterly e-newsletter, adding content and distributing to list; County Judge Assist in researching Information for, creating and distributing quarterly marketing/sales reports;, Research projects and plan for annual marketing budget; Assist In planning and implementing the annual economic Impact analysis Including the initial process of surveying attendees of select events; Periodically make live appearances to discuss upcoming Expo events at local television and radio stations; Occasionally travels to targeted out of county events to market Expo facilities to potential new Clients; Provide marketing/communication assistance when available for the Brazos Valley Fair staff including website, marketing collateral, social media, advertising, etc. Serves as the manager of the team responsible for coordinating inside/outside sales, scheduling and event planning for the Exposition Complex; Assists in coordinating and maintaining the master schedule of all events to be held at the Exposition Complex facilities; Is responsible for the contract development process for all Inside/outside events; Works with the Event Facilitators/Coordlnators in planning and coordinating set-up requirements for events; Assists with set-up, tear down, maintaining, and cleaning of the complex as needed; Maintains records of all events held at the Complex; Performs bookkeeping functions, including posting all fees, and deposits to accounts receivable ledger, and preparing various monthly, and semi- annual financial reports; Exercises discretion and independent judgment as necessary in performing professional responsibilities; Must be willing to work various hours as needed Including some nights, weekends, holidays, etc. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number:. B1212 Title: Support Specialist Pay Group: 20 Department: Information Technology FLSA Status: Non -Exempt Reports To: Senior Support Specialist Approved Date: 9/26/23 EEOC Category: Professionals General Summary: Assists Senior Support Specialist in providing technical assistance and support for incoming queries and Issues related to computer systems, software, and hardware. Essential Duties: Accept, troubleshoot, log, update, route, and maintain accurate logs of all support calls received from various county departments. Support calls will include assistance with desktop hardware, operating systems, Microsoft office productivity suites, Odyssey Courts & Justice software, Pentamation financial software, Laserfiche document imaging software, other third party software, and in-house developed software. Responsible for follow-up procedures for incidents and requested Items to ensure end user's satisfaction. Will also assist the training staff in Instructing end -users in PC usage skills and correct usage of software. Must demonstrate ability to handle simultaneous tasks and to meet deadlines in a timely manner. May be on -call and some overtime and/or weekend/holiday work may be required. Perform other duties as assigned. I Other Duties as assigned. Supervision Received: General instruction, task assignment and prioritization, and periodic employee performance evaluations. Given: This Is a non -supervisory position. Education Required: BA or BS in Computer Science, Comp Engr., MIS or related field or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: 1 year + experience in related field PROVED Certificates, Licenses, Re istrations `�,� o'Z(y oZ.� Required: None required. Duane Peters Date Preferred: -Ounty4udge Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to type; reach with hands and arms; and talk and hear. The employee frequently Is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 40 pounds, such as computers, printers, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B1217 Title: Security Analyst Pay Group: 23 Department: Information Technology FLSA Status: Non - Exempt Reports To: Chief Information Security Officer Approved Date: 9/26/23 EEOC Category: Professionals General Summary: Under•direction of the Chief Information Security Officer, works to improve the security of information resources, and ensures compliance with regulatory mandates. Essential Duties: • Monitoring security advisories and threat briefings from MS-iSAC, DHS, and other sources • Identifying and appropriately addressing vulnerabilities • Creating and conducting a threat awareness and education campaign • Support preparation of incident response plans • Updating and maintaining security policies • Ensuring compliance with FBI CJIS, HIPP& PC] and other security policies • Monitoring security systems to identify and respond to security events • Participating in incident response and recovery efforts in the event of a security incident • Providing recommendations for the improvement of security systems and processes to enhance the overall security posture of the County Other. Duties as assigned. . T Supervision Received: Given: General instruction and periodic review Duane Peters Date None. `) dg Education Required: Bachelor's or Associate's degree in Computer Science, Cyber Security, or related field or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Ex rience Required: Two (2) years of work experience as a student worker or full-time in cyber security, network management or related field, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Four (4) years or more of related work experience. Certificates, Licenses, Re istrations Required: Valid driver's license Preferred: Security+, CEH, Network+, other network or cyber related certifications Brazos County Job Description Last Updated: October 2023 Template Revislon 1.2 08/15/2012 Class Number: 131224 Title: Web Content Administrator Pay Group: 27 Department: Information Technology FLSA Status: Exempt Reports To: Senior Systems Analyst Approved Date: 9/26/23 EEOC Category: Professionals General Summa : Under general supervision, the Web Content Administrator manages the County's Intranet and public -facing websites, publishes content, maintains brand standards, monitors performance, and adheres to best practices. This role requires previous experience working with a content management system, preferably Drupal and SharePoint. Must be proficient with Adobe Photoshop and Adobe Acrobat Pro. Additional experience in front-end website (e.g., HTML, CSS, JavaScript) is required. A sample of your work Is required. • Dally review of County's website pages, providing feedback, ensuring ADA compliance, correcting Issues, and publishing content • Build new sites, pages, and content, and create engaging, effective graphics as requested for strategic County objectives • Implement search engine optimization tactics to promote website presence and increase web traffic • Monitor analytics and provide performance reports • Apply SSL certificates on schedule • Work with supervisor to plan for, test, and Implement CMS and related product updates • Provide CMS training and additional website support as needed Essential Duties: The Web Content Administrator is responsible for managing and developing Brazos County's intranet and public -facing websites, publishing content, maintaining brand standards, monitoring performance, and adhering to best practices. The Web Content Administrator is the primary creator and maintainer of County websites and as such, is the primary contact for all maintenance Issues and activities, Including developing and delivering end - user CMS training, monitoring analytics, and providing performance reports. The Web Content Administrator ensures the County's web presence is stable, well designed, accessible, effective, up-to-date, and properly maintained. Essential Duties and Responsibilities: • Publish content as requested by due date and time • Monitor sites for errors and correct promptly • Ensure websites are ADA compliant • Work with team members to ensure website SSL certificates are renewed and applied before expiration date • Develop and maintain fellable forms • Create graphics suitable for County's websites • Evaluate, test, and recommend CMS Modules and Themes for new websites and site redesigns as needed • Design, test, and, upon approval, implement new features for websites • Provide support and basic CMS training for content managers in County departments • Create How To knowledge articles about common CMS tasks for content managers In County departments as needed • Work with supervisor to plan for, test, and implement CMS and related product updates • Create knowledge articles related to area of responsibility for IT team as needed • Adhere to County's change management procedures • Monitor analytics and make recommendations to increase traffic to County websites and improve navigation/usability • Search engine optimization, where appropriate • Resolve website-related technical issues promptly • Comply with best practices for maintaining website security • Monitor and report industry -standards and other developments relating to web design and Implementation Other Duties May Include • Attending meetings, training, and conferences • Evaluating tools and services needed for managing and/or improving County's web assets The Web Content Administrator will on an on -call rotation with other department employees. Some overtime and/or weekend/holiday work may be required periodically. Other Duties as assigned. e�ly�m`��na+1e► Supervision Received:''. Given: This is a non -supervisory position. Duane Peters Date County Judgo, Education Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B1235 Title: Audio Video Specialist Pay Group: 22 Department: Information Technology FLSA Status: Exempt Reports To: Senior Audio Video Specialist Approved Date: 9/26/23 EEOC Category: Professionals General Summary: Responsible for documenting, installing, operating, and maintaining systems used to capture, playback, display, or otherwise exhibit audio, video, photos, slideshows, presentations or other media in courtrooms, patrol vehicles, IP surveillance cameras, video conferencing and remote magistration systems, court docket and information displays, and Integration of video into access control systems. Essential Duties: Will install, integrate, operate, monitor, adjust, repair and maintain audio, video, and presentation equipment to regulate sound volume and ensure quality video capture and playback; calibrate equipment to specified performance levels; monitor and optimize video storage space usage, and assist departments to develop and adhere to appropriate retention schedules; assist departments with video processing and preparation for presentation or playback; assist with creation and finalization of CDs, DVDs, and other storage and distribution media; assist with the creation, setup, and programming of LED, flat panel, and other digital signage displays; assist with video on conferencing systems, webcams, Skype, and mobile devices; make recommendations for system expansion and/or consolidation. Design, install, and manage AV projects and construction projects as needed. Systems supported include Crestron; Polycom; OnSSI; Identiv Velocity; and Arbitrator. Other Duties as assigned. Supervision Received: General instruction, task assignment and prioritization, and periodic employee performance evaluations. Given: This is a non -supervisory position. Education Required: BA or BS in Computer Science, Comp Engr., MIS or related field or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: MS in Computer Engineering, Computer Science, MIS, or related field. Experience Required: Two years of experience in integration, operation, and support of audio/video systems. Preferred: Five years of experience in Integration, operation, support of audio/video systems, and a general understanding of networking. NMI Certificates, Licenses, Registrations Required: None Duane Peters L)ate Preferred: Network+ Certified Professional, Microsoft Certified Professi(@dunty Judge Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the dutles of this job, the employee is regularly required to sit; use hands to type; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 40 pounds, such as computers, printers, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B1852 Title: Secretary I Pay Group: 11 Department: JJAEP- Community Based FLSA Status: Non -Exempt Reports To: Administrative Services Manager/Deputy Director Approved Date: 9/26/23 EEOC Category: I Administrative Support General Summary: To proVlde efficient secretarial services to the department. Essential Duties: Perform general clerical duties, including typing of letters and other correspondence, making copies, faxing documents, receiving payments, and issuing receipts. Serve as Receptionist. Receive and receipt probationer's payments of fees. Process and distribute in -coming daily mail. Assist probation officers/counselors with reports and chronological entries. Maintain the departmental filing system. Process copying/binding assignments. Travel to main courthouse building in moming/afternoon to make deliveries. Input referral data into the Juvenile Case Management System. Follow established policies, procedures, and practices of the department. Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. Supervision Received: Administrative Services Manager/Deputy Director Given: None Education ThanePeters Date Required: High school diploma or Its equivalent. County Judge Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Certificates, Licenses, Registrations Required: Notary public and surety bond. Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be met within 30 days If employee recently moved from another state). Preferred: Physical Demands Typical' Duties require daily standing, walking, sitting, talking, and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 20 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Brazos County ,� _� jac��a3 Template Revision l.2oB11612012 Job Description Duane Peters Date Last Updated: October 2023 County Judge 1 Class Number: B1801 Title: Director Pay Group: B1801 Department: Juvenile Administration FLSA Status: Exempt Reports To: Juvenile Board Approved Date: 9/26/23 EEOC Category: Officials and Administration General Summary: Provides direction and management for Probation and Detention Departments through program, design, Implementation, and monitoring. Participates in planning of programs, policies or objectives for the department. Essential Duties: Other duties may be assigned. Will ensure that all money appropriated for the use of the Juvenile Service Department will be spent in a manner conducive to the needs of the county/community. Will ensure that the Juvenile Service Department addresses the issue of public safety by designing and Implementing programs and probation services targeting those juveniles deemed In need of rehabilitation. Will be directly Involved in the process of implementing programs and services that will serve the community. The Executive Director will develop and utilize the various department divisions to adequately address Juvenile delinquency and prevention Issues. Maintain 80 hours bl-annually of approved training to maintain JPO certification. Provide overall leadership and management of the department. Formulate departmental policy, directs its execution, and evaluates work accomplished. Direct the fiscal, personnel, budget and other administrative functions of the department. Maintain and evaluate annually the department's policy and procedure manual. Direct research and planning programs related to the Improvement of operations and procedures of the department. Seek alternative sources for funding of programs operated by the department. Maintain 80 hours biannually of approved training to maintain JPO and JSO certification. On call 24 hours a day, subject to irregular work hours. The duties listed above are Intended only as Illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. Supervision Received: Juvenile Board Given: Provides leadership and supervision to all aspects and personnel of Brazos County Juvenile Services. Education Required: Master's degree in behavioral sciences, public administration, or related field, plus five years progressively responsible experience In criminal justice; or Bachelor's degree in behavioral sciences, public administration, or related field, plus 10 years progressively responsible experience in criminal justice; and must have at least one year of management experience in criminal justice, knowledge of supervisory techniques, and ability to apply budget control. Preferred: Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: Certificates, Licenses, Re istrations Required: Valid Texas driver's license with appropriate liability auto Insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which Includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof (on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: APPROVED Brazos County Template Revision 1.2 W1512012 Job Description 1Q3 Last Updated: October 2023 Duane Pettus Date County Judge Class Number: B2803 Title: Assistant Director Pay Group: 30 Department: Juvenile Administration FLSA Status: Exempt Reports To: Director Approved Date: 9/26123 EEOC Category: Officials and Administration General Summary: Supervises and directs staff and manages daily operation of Probation, Parole, Detention, Health Services, Medical Services, Quality Assurance, Academy/JJAEP, Community Services, and Administrative Services divisions to ensure effective and efficient compliance with established policies and procedures, and standards of care. Oversees the planning of programs, policies, and objectives for the department. Essential Duties: Other duties may be assigned. Assists the Executive Director with the overall leadership and management of the day to day operations of the Juvenile Services Department. Prepares statistical and other reports on activities as required. Responds to inquiries from other agencies, and the media. Work to enhance media coverage of positive programs and services. Prepares written communications, including letters of support for grants, as required. Seek alternative funding opportunities for the department including the identification and submission of various local, state, and federal grant opportunities. SupervisesField/Court/ISP/Parolee/Placement/Academy/JJAEP/Detention/Health Services/ Quality Assurance/Community Services operations through probation Deputy Directors and managers. Assist on the annual procurement of services, including contract management and renewals. Assumes duties of Executive Director when required. Sits on all staff interview panels and recommends to Executive Director selection of new employees, employee transfers/promotions, disciplining/discharging and salary increases. Develops and implements evidence -based recruitment strategies to ensure an effective and knowledgeable workforce. Will directly assist the Executive Director in all aspects of this department. Provide in-house and community trainings/presentations to new hires and current staff on an ongoing basis. Maintain 80 hours biannually of approved training to maintain JPO and JSO certification. Assists Director in preparation and administration of annual budgets and grants; ensuring all money appropriated for the use of the Juvenile Services Department will be spent in a manner conducive to the needs of the county and community. Prepares appropriate documentation and assists Director, as requested, in preparing for and/or making presentations at board meetings. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Departments Code of Ethics. Maintain security and confidentiality of all case information, files and chronological notes as required by the Texas Family Code Serve as liaison between the Juvenile Department and all other entities and agencies including the TJJD with responsibility for completing requested surveys, reports, requests for information, grant and budgetary adjustment requests, and other information as requested or required. Serves as Audit Manager for the Juvenile Department overseeing and managing all aspects of audit preparation and standards compliance for all units within the Juvenile Department, including the Prison Rape Elimination Act (PREA) audit readiness. Serves to develop, edit, and revise Department policy and procedure as needed and to ensure staff members are trained appropriately on changes and additions. Serves as liaison between the Juvenile Department and the Human Resources Department serving as Personnel Coordinator for the Juvenile Department; tracking and managing matters involving workers compensation claims, Family Medical Leave occurrences, extended employee absences, compensatory time accumulation, overtime expenditures, employee disciplinary actions, and modified work -duty assignments. Serves as liaison between the Juvenile Department and Risk Management. Serve as liaison between the Juvenile Department and the County Facilities and Information Technology Departments assisting, coordinating, and tracking all projects performed by either entity at the Juvenile Department. Serve as liaison between the Juvenile Department and the community, working to enhance community involvement and wraparound services for youth and families. Provide oversight for Institutional population management for pre -adjudication and private placements. Assist the Executive Director in research and planning programs related to the improvement of operations and procedures of the department. Participates in strategic planning for the department In anticipation of future needs. Monitor and track demographic changes with juvenile population to ensure programs and services effectively address and meet the unique needs of the juveniles we serve in ways that are gender and culturally appropriate- Monitor changes in law and or other legislative mandates ensuring compliance and adherence to such changes. Conduct research on bestlpractices in juvenile justice ensuring programs and practices of the department meet or exceed national best practices. Conduct program evaluation on a regular basis ensuring effective programs and services. Oversee the Implementation and management of alternatives to detention Initiatives working to effectively manage the population of the detention center while at the same time ensuring public safety.: Serve on local, state, and national juvenile justice related boards, associations, and committees working to enhance services for the Brazos County Juvenile Services Department and helping to ensure Brazos County Juvenile Services maintains a leadership role in Texas Juvenile Justice. Coordinate and manage other projects and programs as assigned by the Executive Director. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position If the work is related or a logical assignment to the position. Other Duties as assigned. Supervision Received: Director Given: Provides leadership and supervision to all aspects and personnel of Brazos County Juvenile Services. Brazos County Job Description Last Updated: October 2023 Template Revlslon 1.2 08/15/2012 Class Number: B2206 Title: Felony Associate Judge Pay Group: B2206 Department: Juvenile Court Referee FLSA Status: Not Covered Reports To: Juvenile Board/County Commissioners Court Approved Date: 9/26/23 EEOC Category: Professional General Summa : Juvenile Referee appointed by the Juvenile Board and County Commissioners Court. Essential Duties: Conduct hearings for the Juvenile Judge and at the conclusion of the hearing to make findings of fact and recommendation to the Judge. The Juvenile Referee conducts detention, adjudication, disposition, modification, and probable cause hearings. APPROVED � : - -- - -- a Duane Peters. Date County Judge Other Duties as assigned. Supervision Received: Given: This is a supervisory position, which includes supervision of the Juvenile court coordinator. Education Required: Doctorate of Jurisprudence Preferred: Ex erience Required: Attorney at Law Preferred: Certificates, Licenses, Re istrations Required: Licensed attorney Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B2906 Title: Court Coordinator - Juvenile Referee Court Certified Interpreter Pay Group: 21 Department: Juvenile Court Referee FLSA Status: Non -Exempt Reports To: Juvenile Magistrate Judge Approved Date: 9/26/23 EEOC Category: Administrative Support General Summa : Directs court staff, including assigning and reviewing work; coordinates and maintains the courCs calendar and docket for Juvenile court; acts as a liaison between the judge and general public regarding the court calendar, schedule of settings; records and files various documents; and assists county personnel and the general public. Essential Duties: Directs court staff, including assigning and reviewing work; Schedules court proceedings and maintains court calendar, including resolving calendar conflicts for judge, attorneys and litigants with approval of court; Acts as a liaison between the judge and general public regarding the court calendar and schedule of settings; Coordinates the availability of lawyers, parties, and court personnel in setting the docket; Sets and supervises movement of cases and various proceedings; Posts and distributes copies of dockets to appropriate offices; Maintains awareness of developments in court activities and reports all delays in case movement; Notlfles parties to ensure their appearance at proceedings; Types and prepares paperwork for setting of cases; Mails all appropriate paperwork to all parties; Manages office budget; Performs general clerical duties when court Is not In session; Secures appointment of visiting judges In absence of judge; Administrative Secretary and may perform some duties of the court Bailiff. Interpreting for all Courts hearings (Spanish translation). APPROVED a o a.3 Duane Peters Date Other Duties as assigned. �un�d ge Supervision Received: From Juvenile Court Referee/Associate Judge Given: This Is a non -supervisory position. However, provides direction to other court personnel. Education Required: High school graduation or its equivalent, plus at least four years of experience; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: Texas Licensed Court Interpreter (maintain certification) Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.208115/2012 Class Number: B1810 Title: Professional Counselor Pay Group: 22 Department: Juvenile Services - Administration Community Based Mental Health FLSA Status: Exempt Reports To: Deputy Director Approved Date: 9/26/23 EEOC Category: Professional General Summary: Deliver counseling services in Detention, Probation, and Academy to referred juveniles. Provide individual, family and group counseling for Juvenile Service's clients and families. Supervise Interns and Volunteers assigned to counseling duties. Abide by ethical standards to properly supervise clients. Essential Duties: Make professional recommendations on individual cases to the probation officer to be presented to court. Responds to emergency situations on a 24-hour call basis, subject to irregular work hours. Assists in planning, coordinating and implementing programs. Assists with and conducts staff training and development. Assists in developing and implementing new programs. Provide counseling services by utilizing in -home, office or group sessions. Develops written aftercare plans with juveniles prior to their release from counseling. Actively participate in weekly staff meeting providing recommendations for counseling services. Develops and assures treatment follows department, state, professional and national standards. Provide court testimony as directed. Provide 24-hour emergency crisis intervention for the detention center. Identify juvenile needs that cannot be addressed in-house and make appropriate referral recommendations. Provide crisis intervention for Academy as' needed. Supervise Interns regarding ongoing assignments and duties. Maintain client confidentiality. Maintain applicable licensure(s). The Professional Counselor will provide administration and interpretation of psychological evaluations of youth at risk of suicide, or in need of specialized treatment services. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Facilitates and participates in departmental programs. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. "PROVED Other Duties as assigned. \ \ ),.---- Su ervision(p CS Received: Deputy Director Duane Peters ]Date Given: Not applicable County Judge Education Required: The Professional Counselor will have a master's degree in social work, counseling, or psychology. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Experience with clients in the criminal justice system desirable. Bilingual Spanish speaker preferred. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08115/2012 Class Number: 81836 Title: Cook Pay Group: 11 Department: Juvenile Services FLSA Status: Non -Exempt Reports To: Assistant Superintendent Approved Date: 9126/23 EEOC Category: Service/Maintenance General Summary: To provide food service preparation and kitchen management which meet all local, state and federal nutritional requirements. Essential Duties: Process and receive food orders from appropriate vendors and maintain an internal audit control of food and supplies; Preparation of daily food services within the Detention Center kitchen; Properly prepare, cook, and serve meals as instructed by the Assistant Superintendent; Properly maintain and clean all kitchen equipment, utensils, serving trays, floors, etc., each day; Attend relevant trainings as they relate to food service handling and the "National School Lunch and Breakfast School Programs"; Follow all health code policies set forth by this County and be responsible for all health inspections and audits that are conducted during the year. Follow established policies, procedures, and practices of the department; The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other duties may be assigned. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. Supervision Received: Assistant Superintendent or designee Given: ii �LIOI Education Duane Peters Date Required: High School Diploma or its' equivalent County Judge Preferred: Biperience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age or older. This position Is considered essential staff. Preferred: Certificates, Licenses, Required: I Brazos County Food Handler's Card (to be obtained within 30 days of employment). Valid Texas Driver's license with appropriate liability auto insurance coverage (driver's license requirement must be met within 30 days if employee recently moved from another state). Preferred: I Food Service Managers Certification preferred or ability to obtain within one year of Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/15=12 Class Number: 131846 Title: Custodian - Part Time Pay Group: 11 Department: Juvenile Services FLSA Status: Non -Exempt Reports To: Detention Supervisor Approved Date: 9/26/23 EEOC Category: Service/ Maintenance General Summary: Performs custodial duties within the entire Juvenile Detention Center. Essential Duties: Sweep and mop detention facility daily. Properly clean and wash mops after each use. On a daily basis, perform the following: clean bathrooms, vacuum detention areas, clean windows, clean control booth, dean kitchen, dean education areas and take out all trash from offices, control booth, restrooms, intake, and staff break room and locker areas. Clean walls weekly. Wax and buff detention floors. Strip detention floors monthly. Keep adequate inventory of cleaning supplies. Maintain and keep an orderly and'dean supply closet(s). Obtain awareness and knowledge of which cleaning chemicals to use for specific surfaces to avoid damage. Communicate maintenance concerns to the detention supervisor. Be able to work a non-traditional work schedule, to include nights and weekends as the position is subject to irregular work hours. Attend trainings as needed and required by the department including Prison Rape Elimination Act (PREA) training requirements. Participate in preparing facility for health inspections, tours, and Audits. Keep confidential everything seen and heard in the facility as it relates to juveniles due of their right to confidentiality (Texas Family Code, Chapter 58). The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. Education Received: I Detention Given: I Not applicable Required: High school diploma or its equivalent. Preferred: One (1) year of working experience with youth -oriented services or programs preferred, but not required. Experience Required: To perform.this job successfully, an individual must be able to perform each essential duties satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Certificates, Licenses, Registrations Required: Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Non -disqualifying criminal history/sex offender registration background check. Preferred: Brazos County Job Description Last Updated: October 2023 Template ReAslon 1.2 0811612012 Class Number: 61848 Title: Custodian Pay Group: 11 Department: Juvenile Services FLSA Status: Non -Exempt Reports To: Detention Supervisor Approved Date: 9/26/23 EEOC Category: Protective Service Worker General Summa : Performs custodial duties within the entire Juvenile Detention Center. Essential Duties: Sweep and mop detention facility daily. Properly clean and wash mops after each use. On a daily basis, perform the following: Clean bathrooms, vacuum detention areas, clean windows, clean control booth, dean kitchen, dean education areas and take out all trash from offices, control booth, restrooms, intake, and staff break room and locker areas. Clean walls weekly. Wax and buff detention floors. Strip detention floors monthly. Keep adequate inventory of cleaning supplies. Maintain and keep an orderly and clean supply closet(s). Obtain awareness and knowledge of which cleaning chemicals to use for specific surfaces to avoid damage. Communicate maintenance concerns to the detention supervisor. Be able to work a non-traditional work schedule, to include nights and weekends as the position is subject to irregular work hours. Attend trainings as needed and required by the department including Prison Rape Elimination Act (PREA) training requirements. Participate in preparing facility for health Inspections, tours, and Audits. Keep confidential everything seen and heard in the facility as it relates to juveniles due of their right to confidentiality (Texas Family Code, Chapter 58). The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. .0 Si! eNrslOn Received: Not applicable a�j a Given: Not applicable i>>IranQ peters ��t Education County iudg6 Required. High school diploma or Its equivalent. Preferred: One (1) year of working experience with youth -oriented services or programs preferred, but not required. Experience Required: To perform this job successfully, an individual must be able to perform each essential duties satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Certificates, Licenses, Re istrations Required: Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Non -disqualifying criminal history/sex offender registration background check. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08115/2012 Class Number: 61861 Title: Secretary I Pay Group: 11 Department: Juvenile Services FLSA Status: Non -Exempt Reports To: Administrative Services Manager/Deputy Director Approved Date: 9/26/23 EEOC Category: Administrative Support General Summary: To provide efficient secretarial services to the department. Essential Duties: Perform general clerical duties, including typing of letters and other correspondence, making copies, faxing documents, receiving payments, and issuing receipts. Serve as Receptionist. Receive and receipt probationer's payments of fees. Process and distribute in -coming daily mail. Assist probation officers/counselors with reports and chronological entries. Maintain the departmental filing system. Process copying/binding assignments. Travel to main courthouse building in morning/afternoon to make deliveries. Input referral data Into the Juvenile Case Management System. Follow established policies, procedures, and practices of the department. Maintain security and confidentiality of all case Information, files and chronos as required by the Texas Family Code. The duties listed above are intended only as illustrations of the various types of work that may be performed. Thd omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. Supervision Received: Administrative Services Manager/Deputy Director Given: . l Nonelot _ t I_ �;Up Education Duane Peters Date Required: High school diploma or its equivalent. County Judge Preferred: Experience Required: To perform this Job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Certificates, licenses, Registrations Required: Notary public and surety bond. Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Preferred: Demands Typical: Duties require daily standing, walking, sitting, talking, and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 20 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/1612012 Class Number: B1873 Title: Control Booth Operator Pay Group: 11 Department: Juvenile Detention FLSA Status: Non -Exempt Reports To: Detention Supervisor/Manager Approved Date: 9/26/23 EEOC Category: Protective Service Worker General Summa : To maintain a secure detention center environment by maintaining appropriate electronic access for staff and juveniles. Essential Duties: Work a flexible schedule based on the needs of the institution. Maintains care, custody, and control of residents in accordance with established procedures. Provides safe living environment for residents. Completes necessary paperwork. Assists in orientating newly employed officers and relief officers In all phases of detention duties. Ensure cleanliness and sanitation of facility. Operate the electronic security access control panel and security cameras. Answer control booth telephone. Monitor numerous electronic TV surveillance screens. Serve as dispatcher for the Detention two- way radio system. Maintain a daily shift log of detention activities. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures, and practices of the department. Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. Other Duties as assigned. Supervision Received: Detention Supervisor/Manager / Given: None. c��6 ane_P_etem l�atP r'nnr4t, Tni7r'e Education Required: High school diploma or its equivalent. Preferred: One (1) year of working experience with youth -oriented services or programs preferred, but not required. Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Certificates, Licenses, Registrations Required: Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be met.within 30 days if employee recently moved from another state). Preferred: Ph sica/ Demands Typical: Duties require daily standing, walking, sitting, talking, and listening; frequent use of hands and/or fingers to grasp, handle, pick-up, pinch, type or feel: frequent reaching with hands or arms and lifting of objects over 25 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08 15J2012 Class Number: B2865 Title: Secretary — Juvenile TYC Pay Group: 11 Department: Juvenile Administration FLSA Status: Non -Exempt Reports To: Administrative Services Manager Approved Date: 9/26/23 EEOC Category: Administrative Support General Summary: To provide efficient reception services to the department. Essential Duties: Serve as the department's primary receptionist and telephone switchboard operator. Receive and receipt probationer's payment of fees. Monitor the flow of the general public into the justice center and observe the operation of the metal detector. Process and distribute in -coming mail. Secure the main building entrance at the close of normal business hours. Perform data entry as assigned by administrative services manager. Follow established policies, procedures, and practices of the department. Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work Is related or a logical assignment to the position. Other Duties as assigned. Supervision Received: Administrative Servies Manager Given: Not applicable. a(013 v& u Education County .T Required: High school diploma or its equivalent. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: Certificates, Licenses, Re istrations Required: Surety bond and valid Texas driver's license with appropriate liability auto Insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/1512012 Class Number: B2807 Title: Deputy Director Pay Group: 26 Department: Juvenile Services Court FLSA Status: Exempt Reports To: Assistant Director Approved Date: 9/26/23 EEOC Category: 1 Officials and Administration General Summary: This position shall oversee, manage, and supervise probation units, programs and services as designated; in accordance with departmental policies and procedures, directives of the Court and applicable state and federal statutes. Essential Duties: Assists with the planning and coordination of services and budgetary needs of the department. Oversees and coordinates the personnel, programs, equipment, facilities, and budget of divisions under supervision. Evaluates the services and personnel of the department's divisions. Assists with the hiring, training, supervision and disciplining of employees, subject to confirmation by the Executive Director. Assists with the development of policy and ensures compliance. Maintains current knowledge of laws, regulations, actions, and events which could affect the department and interprets same to employees. Approves and monitors personnel matters (evaluations, payroll, vacations, sick leave, attendance etc.). Conduct random caseload audits. Assist in the professional development of this department. Attend administrative staff meetings and training when required. Conducts department wide training as needed. Submits monthly reports on each unit to the Assistant Director. Oversees and facilitates records, subpoenas, sealing of records, and restricted access requests. Coordinate grants and produce required reports. Serve as the department's Safety Manager and Facility Maintenance Manager, coordinate emergency response trainings. Establish and maintain community collaborations to ensure appropriate services for youth and families. Serve as Program Manager: recruits volunteer, helps facilitate MOUs, contracts, and programing for the entire department, including detention and working to ensure program fidelity. Oversee media relations and open records requests for the department. Participates in audit preparations and ensures compliance with all audit requirements. Provide oversight of vehicle key assignment system. Oversee Service Learning and Community Service Restitution Programs. Serve as the disability rights advocate and the handling of dual status (CPS and probation involved) youth. Make arrests and perform restraint techniques. Maintain 80 hours biannually of approved training to maintain JPO and JSO certification. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures, and practices of the department. Abide by the Texas Juvenile Justice Department's code of ethics, maintain security and confidentiality of all case information, files, and chronological notes as required by the Texas Family Code. Facilitates and participates in departmental programs. Other duties may be assigned. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. Supervision D-deters ]date Received: Assistant Director County Judge Given: Provides supervision, advice and leadership for all personnel assigned to position. This includes training of new officers and staff, conducting performance reviews, and recommending personnel actions. Conduct regular staff meetings regarding policies, procedures, problem solving, program planning, and in-service training. Review and approve time sheets and time off requests. Education Required: Bachelor's degree in behavioral sciences, public administration, or related field, plus five years progressively responsible experience in criminal justice; and must have at least one year of management experience in criminal justice, knowledge of supervisory techniques, and ability to apply budget control. Preferred: Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B0751 Title: Crew Leader Pay Group: 15 Department: Landscaping FLSA Status: Non - Exempt Reports To: Landscape Manager Approved Date: 9/26/23 EEOC Category: Service / Maintenance General Summary: Working supervisory position, performs and monitors daily landscaping duties Essential Duties: Supervises and works alongside landscape crew Mows grass and performs trimming work around sidewalks, curbs, and trees or bushes; Waters lawns, groundcovers, trees, shrubs, and flowers; Trims trees and bushes as needed, properly disposing of trimmings and leaves; Assist in planting plants, flowers, shrubs and trees; Drives grounds maintenance vehicles, Including hauling trailer with equipment, to and from grounds projects; Keeps all grounds free of litter; Performs maintenance of grounds and maintenance of equipment; Cleans and maintains tools and grounds maintenance shop In an orderly manner; Responsible for inventory control and procurement and assist with the maintenance of ground maintenance vehicles. Other Duties as assigned. Supervision Received: From Landscape Manager Given: Carries out managers direction Education Required: High school graduation or its equivalent; or any equivalent combination and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: Al least three years' experience. APgR0 Preferred: Certificates, Licenses, Registrations Duane Peters Date Required: Valid Texas Drivers License. County Judge Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/1512012 Class Number: B0752 Title: Grounds Maintenance Worker III Pay Group: 14 Department: Landscaping FLSA Status: Non -Exempt Reports To: Landscape Manager or Landscape Crew Leader Approved Date: 9/26/23 EEOC Category: Service / Maintenance General Summary: Performs daily landscaping duties and maintains county owned irrigation systems. Essential Duties: Responsible for service and repair of county owned irrigation systems; Mows grass and performs trimming work around sidewalks, curbs, and trees or bushes; Waters lawns, groundcovers, trees, shrubs, and flowers; Trims trees and bushes as needed, properly disposing of trimmings and leaves; Assist in planting plants, flowers, shrubs and trees; Drives grounds maintenance vehicles, including hauling trailer with equipment, to and from grounds projects; Keeps all grounds free of litter; Performs maintenance of grounds and maintenance of equipment; Cleans and maintains tools and grounds maintenance shop in an orderly manner; Responsible for inventory control and procurement and assist with the maintenance of ground maintenance vehicles. Other Duties as assigned. Supervision - - Received: From Landscape Manager or Landscape Crew Leader Given: None Education Required: High school graduation or its equivalent; or any equivalent combination and experience that provides the required knowledge, skills, and.abilities. Preferred: Certificates, Licenses, Registrations ae 07- County Judge Required: Valid Texas Drivers License. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/1512012 Class Number: B0753 Title: Grounds Maintenance Worker II Pay Group: 13 Department: Landscaping FLSA Status: Non - Exempt Reports To: Landscape Manager or Landscape Crew Leader Approved Date: 9/26/23 EEOC Category: Service / Maintenance General Summary: Performs daily landscaping duties. Essential Duties: Mows grass and performs trimming work around sidewalks, curbs, and trees or bushes; Waters lawns, groundcovers, trees, shrubs, and flowers; Trims trees and bushes as needed, properly disposing of trimmings and leaves; Assist in planting plants, flowers, shrubs and trees; Drives grounds maintenance vehicles, including hauling trailer with equipment, to and from grounds projects; Keeps all grounds free of litter; Performs maintenance of grounds and maintenance of equipment; Cleans and maintains tools and grounds maintenance shop in an orderly manner; Responsible for inventory control and procurement and assist with the maintenance of ground maintenance vehicles. Other Duties as assigned. Su ervision Received: From Landscape Manager or Landscape Crew Leader Given: None Education Required: High school graduation or its equivalent; or any equivalent combination and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: Al least three years' experience. �� Preferred: Q' ato a3 Certificates, Licenses, Registrations We e ers Date County Judge Required: Valid Texas Drivers License. Preferred: Template Revision 1.2 08/15/2012 Job Description Last Updated: October 2023 Class Number: B0754 Title: Grounds Maintenance Worker I Pay Group: 12 Department: Landscaping FLSA Status: Non -Exempt Reports To: Director, Facilities Services Approved Date: 09/26/23 EEOC Category: Service/Maintenance General Summary: Performs daily maintenance of Brazos County grounds. Essential Duties: APPRO�' Mows grass and performs trimming around sidewalks, curbs, trees, and shrubs. Other Duties as assigned. _ a Supervision Vaailu, UL rb Date - Received: From Director County Judge Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent, plus at least three years of experience; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: Texas Driver's License Preferred: Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee Is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, lie down, and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as tools and equipment. Specific vlslon abilities required by this Job include close vision and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Methods, practices, and equipment used In grounds maintenance. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level In the work environment is usually moderate. The employee is frequently required to work closely with others as a part of a team; to perform multiple tasks simultaneously, and to switch from one task to another. The employee is occasionally required to work under time pressures to meet deadlines. t3 Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 5/22/2023 Class Number: B2006 Title: Administrative Assistant Pay Group: 14 Department: MPO FLSA Status: Exempt Reports To: MPO Director Approved Date: 09/26/23 EEOC Category: Office and Clerical General Summary: Performs a variety of secretarial and administrative support work. May work independently or with other planners and/or outside groups. Work requires contact with middle and high-level executives, officials and the public. Exercises independent judgment and initiative. Essential Duties: Hired and supervised by the MPO Director. Provides administrative support to the director and staff to ensure efficient operation of the office. Serves as the primary contact for the public, other agencies, and grantees, forwarding comments/concerns to appropriate staff member or agency. Maintains all records, files, and property inventories, both electronic and physical. Types and edits materials for the director's signature; reviews documents for consistency with accepted MPO, TxDOT, and Brazos County (where applicable) policies. Processes all incoming and outgoing correspondence. Prepares monthly billings/TxDOT claims, requisitions for reimbursement, audits, and general MPO accounting. Serves as back-up for payroll preparation. Monitors budget and makes recommendations regarding budget adjustments/amendments. Assists director in budget analysis and preparation. Serves as webmaster for the department by adding/updating content and fixing broken links. Maintains supply inventory by checking stock, anticipated needed supplies, and placing and expediting orders. Ensures operation of equipment by completing preventative maintenance requirements, calling for repairs, and evaluating new equipment. Coordinates and attends staff, committee, and board meetings. Records, transcribes, and files meeting minutes. Any other duties as assigned. Must have working knowledge of the theories and practice of transportation planning, understand computer applications for work processing and spreadsheet applications; strong ability to communicate effectively; be dependable, innovative, and have professional judgment. Other Duties as assigned. If& Supervision Received: MPO DirectorCi Given: This is a non -supervisory position. Brune -Peters ate County Judge Education Required: High School Diploma or equivalent Preferred: Bachelor's degree from an accredited four-year college or university is preferred Experience Required: Five years of progressively responsible experience with a High School Equivalent Preferred: Two years of progressively responsible experience with a Bachelor's Degree Certificates, Licenses, Registrations Required: Valid Texas Class C driver's license Preferred: None Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 0811512012 Class Number: B0251 Title: R U OK Coordinator - American Rescue Plan Revenue Replacement Pay Group: 14 Department: Sheriff's Office FLSA Status: Non -Exempt Reports To: Lieutenant Support Services Approved Date: 9/26/23 EEOC Category: Clerical General Summary: The Volunteer Coordinator promotes and creates programs directed toward senior citizens and other community outreach programs through the use of volunteers. Assist with the Brazos County Sheriffs Office RUOK? program to check on the welfare of senior adults in the community. Provides a central coordinating point for effective volunteer management within the Office, and to direct and assist efforts to jointly provide more productive volunteer services. Work with seniors In preventing them from becoming victims of crime. Essential Duties: Receive and process applications for the RUOK? program and other community programs. Answer all questions and promote various programs at the direction of the Sheriffs Office. Be prepared to make calls on Senior programs. Perform a variety of record keeping, filing, indexing and other general clerical work. Prepare reports and provide them to Command Staff.and other partner agencies as requested. Recruiting and selecting volunteers. Coordinate and conduct training of volunteers for the RUOK? and other community outreach programs. Maintain records for each volunteer. Establishing and maintaining a volunteer roster. Tracking and evaluating the contributions of volunteers. Maintaining a record of volunteer schedules and work hours, Maintaining volunteer orientation and training materials and outlining expectations, policies, and responsibilities for all volunteers. Perform duties in support of other operations and programs with the department. Supervision Received: Form Lieutenant Support Services Given: This Is a non -supervisory position. Education Required: High school diploma or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Associates Degree or higher. R Experience Required: None -. IPN Preferred: Experience in public relations. Creation, implementation, and management of programs. Duane Peters DO rt_____. _ T 1 Certificates, Licenses, Registrations uzny auug Required: None. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B0221 Title: Transition Training Pay Group: B0221 Department: Non -Departmental FLSA Status: Non -Exempt Reports To: Human Resources Director Approved Date: 09/26/23 EEOC Category: Office and Clerical General Summary: This position works on special projects as needed. Essential Duties: Other Duties as a: Supervision Received: Given: This is a non -supervisory position. Education Required: Preferred: Ex erlence Required: Preferred: Certificates, Licenses, Required: I None. Preferred: Physical Demands Typical: Knowledge, Skills, & Abilities APPROVED Typical: (�-� I\""- _)I - J IE !-40 Work Environment Typical: `-7:''^- uaCIe-Peter a e County Judge Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B8109 Title: Clerk and Scanner` Pay Group: 11 Department: Records Management FLSA Status: Non -Exempt Reports To: Records Manager Approved Date: 09/26/23 EEOC Category: Office and Clerical General Summary: • Convert hard copy documents into electronic images via a scan process including all peripheral support and obligations. • Ability to use and assist other with the use of Laserfiche software. • Convert Microfiche film Into digital documents Essential Duties: • Prepare and scan hard copy documents. • Audit and track production. • Complete special projects as assigned to facilitate the management of county records. • Move boxes from 35 to 50 pounds. • Fully experienced in computer applications. ' • Other duties as assigned. Under direct supervision, this position is responsible for accurately scanning a high volume of pages to convert printed material into digital images. • Responsible for transferring of paper records to an electronic version. • Covert Microfiche film into digital documents to be stored. • Prepares the paper records for scanning by removing all staples, paperclips, and non -scannable Items. • Operates the electronic scanning equipment to produce computerized images of the original. Set scanner parameters as Identified for each job to ensure accurate handling per client specifications. • Audit completed process for accuracy. • Document production activity as required. • Responsible for the timeliness, completeness, consistency, accuracy, and security of the documents. • Will maintain the confidentiality of each client by adhering to all State and Federal confidentiality laws as well as protect the confidentiality of client information in accordance with company policies and legal requirements. • Communicate with The Director and other team members to ensure accuracy and completeness of all responsibilities. • Assist other team members with document preparation and all other duties as assigned by supervisor. • Train internal clients on scanner usage. • Special projects to facilitate the management of county records Other Duties as assigned. Supervision Received: 9 From Records Management Director. • N/A a Given: +1 .+uaav i %ILVLD 1 ISiiA Education Coun Required: • High School Diploma or GED. Preferred: 0 N/A APPROVED Brazos County Template Revision 1.2 08/1512012 Job Description Last Updated: October 2q?§A11e Nteyg Date County -11adp Class Number: B2215 Title: Risk & Safety Coordinator Pay Group: 19 Department: Risk Management FLSA Status: Exempt Reports To: Risk Manager Approved Date: 09/26/23 EEOC Category: Administrative Support General Summary: Under supervisor of the Risk Manager, the Risk -Safety Specialist assists in coordinating Brazos County's occupational safety activities for County employees. Provide professional level support to Risk Manager in areas of training, claims administration, loss prevention, safety inspections and insurance policy management. Provide supervisory decision making to departments on incident management and drug and alcohol testing. i, Essential Duties: Inspect facilities, identify and document job hazards, prepare assessment reports and recommend preventive and corrective measures. Monitor and manage claim activities. Analyze job safety trends and loss history to measure Safety Program effectiveness, prepare reports and maintain records for internal use and local, state and federal agency reporting. Plans, develops, collects, and adapts instructional materials for safety and health programs, and coordinates and conducts county -wide safety and health training and assists supervisors and department heads with training on request; Conducts field inspections to identify hazardous conditions and procedures arising out of county operations; Investigates and analyzes work related incidents to identify causes, contributing factors, and potential hazards, and makes recommendations for improvements to reduce exposure; Researches federal, state, and local occupational and health directives to assure that policies and procedures are in compliance, and assist in developing policies and procedures for approval that conform to regulations; and maintains records of loss control training programs, federal and state record keeping, and other related documentation. Perform other duties as assigned. Supervision Received: General Instruction and supervision given by Risk Manager and periodic performance review. Given: Provide general instruction and supervision to Risk Management staff and general instruction and supervision for incident management to other County departments regarding drug and alcohol testing when required. Education Required: Bachelor's Degree or an equivalency of 4 years' experience of in safety management; office administration with Insurance management, insurance management; worker's compensation; liability statutes of currently accepted risk management and control practices; investigative methods; current trends and developments in the area of risk management and safety; DOT and or OSHA safety standards and other industry standards. Experience in training multiple people in the classroom setting or on an individual basis Preferred: 2 or more years' experience in the field of Occupational Safety; Knowledge of County government organization and services Experience Required: At least two (2) years must have been in an administrative capacity. Any equivalent combination of experience and education, which provides the required knowledge, skills and abilities. Preferred: Two or more years' experience as Occupational Safety & Health professional for which the position's primary responsibility was occupational safety. Demonstrated ability to develop and maintain an Occupational Safety and Training Program. Certificates, Licenses, Registrations Required: valid Texas motor vehicle's license, OSHA 30-hour course completed within 3 months of employment Preferred: Certificate in Safety Management (CSM), Certified Safety Professional (CSP), OSHA 30 Ply sica/ Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 40lbs, such as stacks of records, containers, or other similar objects. Employee must occasionally drive to offsite locations. Brazos County Job Description Last Updated: October 2023 Template Revision 12 08M512012 Class Number: B2664 Title: Clerk Pay Group: 11 Department: Road & Bridge FLSA Status: Non -Exempt Reports To: County Engineer Approved Date: 09/26/23 EEOC Category: Office and Clerical General Summa : Provides administrative and bookkeeping assistance to Road and Bridge department, Including issuing oversize and overweight permits to trucking companies; maintains databases of trucking permits, vehicle and equipment work orders, and Road and Bridge work crew daily time reports; and performs secretarial duties. Essential Duties: Issues oversize and overweight permits to trucking companies working in Brazos county; Receives payment for oversize and overweight permits and completes and files daily cash reconciliation reports; Deposits payments for oversize and overweight permits; Maintains oversize and overweight permit ledger; Enters Texas Department of Transportation permit information into computer database; Prints list of trucking and oil companies that have state or county road permits; Enters county vehicle and equipment work order information into computer database; Processes and maintains departmental purchase order payment reports; Enters Road and Bridge work crew daily time reports into computer database; Orders supplies and equipment for department as necessary; Generates monthly reports on the computer; Types letters, reports, forms, memos, and other documents: Answers telephone, including answering questions and taking messages; Assists persons on the phone and in person with their questions about county road and bridge projects; Answers the two-way radio and assists callers with needed information; Proofreads and edits Secretary's correspondence and reports as requested; Maintains file of news clippings regarding county road and bridge projects; and May coordinate the approval and submission of purchase orders for county road and bridge supplies, equipment, and vehicles. Other Duties as assigned. Supervision Received: From County Engineer Given: This is a non -supervisory position. Education. Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Experience Required: At least one year of experience. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: APPR0 N9D__,,,., Certificates, Licenses, Registrations oZ�L Required: None. Duane Peters Date Preferred: rt-1Ud Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently Ilft and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include dose vision, distance vision, and ability to adjust focus. Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/1512012 Class Number: B2665 Title: Flagger/Laborer Pay Group: 11 Department: Road & Bridge FLSA Status: Non -Exempt Reports To: Area Supervisor Approved Date: 09/26/23 EEOC Category: Skilled Craft Workers General Summa : Flag traffic and other duties; operates and maintains equipment used for road maintenance: and assists in the construction and repair of county roads and bridges. Essential Duties: Other duties may be assigned. Operates various types of equipment for county road maintenance and construction projects, including steel roller, pneumatic roller, boom mower and tractor. Maintains equipment, including checking oil, water, fuel tires and hydraulic system, and making appropriate adjustments; Smooths road surfaces; Clears ditches and culverts; Mows ditches and right of way as needed; Assists with basic maintenance of fences and bridges; Performs work with hand tools, including digging trenches, cutting down trees and brush, and removing driftwood and debris from culverts and right of way; Directs traffic at work sites as needed; Assists with patching, tamping, packing, and leveling cold mix, dirt, or other materials during road repair; and Loads standard had tools. Must be able to communicate allowable traffic movements to motoring public. APPROVED Other Duties as assigned. Supervision _ Received'' From Area Supervisor Duane Peters ]Date Given' This is a non -supervisory position. county Judge Education Required: High school graduation or its equivalent; or any combination of equivalent education and experience that provides the required knowledge, skills and abilities. Preferred: Experience Required: At least one year of experience. To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: Class C Driver's License (valid). Preferred' Class A or B Commercial Driver's License with Tanker endorsement. Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat and walk. The employee must frequently lift and/or move objects weighing up to 100 pounds, such as tools and equipment. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, and ability to adjust focus. Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/1512012 Class Number: B2623 Title: Sign Installation Helper Pay Group: 11 Department: Road and Bridge FLSA Status: Non Exempt Reports To: Capital Projects Manager Approved Date: 09/26/23 EEOC Category: Skilled Craft Workers General Summary. Assesses the condition of county traffic signs; installs and repairs traffic signs. Essential Duties: Inspects roadways for damaged and stolen signs and delineators, and replaces or repairs them; Performs night inspections of signs and delineators; Operates various types of equipment for county traffic sign maintenance and construction, including haul truck, gas operated post driver, cutting torch, and power drill. Performs welding and cutting to repair sign supports; Installs signs and delineators in new locations for public safety; Installs mailbox supports on county roads for the public; Installs construction signs in sign installation work area; Performs preventive maintenance of sign truck; Assists roadway maintenance crew; May trim trees and brush to improve visibility of signs; May perform sign inventory; and Documents various daily reports Other Duties as assigned. Supervision Received: From Capital Projects Manager Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. Preferred: Ex efience Required: At least one year of experience. Preferred: L LLLLLIV 1 VLVA yaw Certificates, Licenses, Registrations County Judge Required: Class C Driver's License Preferred: Class A or B Commercial Driver's License with Tanker endorsement. Ph s/cal Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions: While performing the duties of this job, the employee is regularly required to stand; use hands to finger, handle, or feel; reach with hands and arms; and talk and hear. The employee must frequently bend, stoop, squat, and walk. The employee must frequently lift and/or move objects weighing up to 70 pounds, such as tools and equipment. The employee must be able to operate powerful equipment that also causes vibrations. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, and ability to adjust focus. 90%u of the time doing physical labor, 10% of the time doing paper and computer work. Brazos County Job Description Last Updated October 2023 Template Revision 1.2 08/1512012 Class Number: B2351 Title: Information and Supply Clerk Pay Group: 11 Department: Tax Assessor/ Collector FLSA Status: Non -Exempt Reports To: Tax Assessor/ Collector Approved Date: 09/26/23 EEOC Category: Office and Clerical General Summary: Performs a variety of clerical duties along with primary responsibility of receiving and documenting incoming calls to the Tax Office. Assists customers with check -in procedures and general questions. Essential Duties: Other duties may be assigned. NOTE: All Tax Office Employees report to the Tax Assessor/Collector through the Chief Deputy. Please refer to Tax Office Organizational Chart. Assists the public in person, by telephone, and by mail concerning department information, researching records, filling out forms, and resolving relevant problems. Assists Office Manager in monitoring office supply levels. Oversees mail services and documentation of receipt of mail and drop box submissions for the Brazos County Tax Office. Performs general clerical duties as required, including filing, scanning, indexing, recording information, and making copies. i Other Duties as assigned. Supervision Received: Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent, plus at least six months of office experience, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, and individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: None ate I to r'a Preferred: County Judge Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. Specific vision abilities required by this job include close vision, distance vision, and ability to adjust focus. Brazos County Job Description Last Updated: October 2023 Template Revision 12 0811=12 Class Number: B2353 Title: Clerk — Part Time Pay Group: 11 Department: Tax Assessor/ Collector FLSA Status: Non -Exempt Reports To: Tax Assessor/ Collector Approved Date: 09/26/23 EEOC Category: Office and Clerical General Summary: Performs a variety of clerical and cashier duties for the Tax/Assessor Collector's Office. Essential Duties: Other duties may be assigned. NOTE: All Tax Office Employees report to the Tax Assessor/Collector through the Chief Deputy. Please refer to Tax Office Organizational Chart. Assists the public in person, by telephone, and by mail concerning department information, researching records, filling out forms, and resolving relevant problems; Performs general clerical duties as required, including filing, scanning, indexing, recording information, and making copies. i Property Tax Clerk Receives and processes property tax payments in person, and through mail. Assists taxpayers with questions and general information on payment of taxes, homestead eligibility, trust/payment agreements and processes requests for tax certificates. Must assist with refund/overpayment documentation. Assists with beer and liquor license renewals by verifying tax information. Assists bookkeeping department with cash balancing duties. Balances cash drawer with work on a daily basis. Assists Supervisors with balancing and reporting duties for various taxing jurisdictions. Must maintain a current knowledge of Texas Property Tax Code. Motor Vehicle Clerk Processes vehicle registration applications, including receiving payments and issuing sticker/receipts. Processes vehicle fitie transfers, including assisting customers with required documentation and examination of title paperwork for accuracy and completion. Processes various permit applications. Assists with processing beer and liquor license renewals, including receiving payments and issuing receipts. Assists bookkeeping department with cash balancing duties. Must maintain current knowledge of Texas Transportation Code as it affects registration and title processes. Other Duties as assigned. L'A ff. .k- %A s._.—. Supervision Received: Daimmue Date County Judge Given: This is a non -supervisory position. Education Required: High school graduation or its equivalent, plus at least six months of office experience, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Egaerience Required: To perform this job successfully, and individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B0131 Title: Public Defender II Pay Group: 130131 Department: Texas Indigent Defense Commission Grant FL.SA Status: Exempt Reports To: Chief Public Defender Approved Date: 09/26/23 EEOC Category: Professionals General Summa : This position provides a full range of legal services to indigent defendants in the assigned felony and misdemeanor cases. Primary responsibility to handle the felony case load. Additional responsibilities to assist in misdemeanor caseload, trial preparation and trials, as directed. Essential Duties: Under the supervision of the Chief Public Defender, this position will provide legal representation to clients appointed to the Public Defender's Office. • Obtain and review discovery and documents provided by the prosecution. • Research and investigate issues and cases. • Meet with clients as necessary. • Return all telephone calls and other communication from or on behalf of clients. , } • Prepare and file pleadings for trial. • Maintain written correspondence with clients during pretrial, trial, and post -trial process. • Prioritize and organize workload to meet deadlines. • Maintain awareness of new court decisions, laws, rules, and regulations. Duane Peterg date • Meet with investlgator(s) to monitor the progress of investigations. • Screen cases for potential conflicts. County Judge • Assist in the training of new and less experienced attorneys. • Prepare cases for court and conduct trials as assigned. • Provide narrative and descriptive entries in client flies of opinions, Impressions and facts collected. • Negotiate with prosecutors and others involved in the court process. • Advise clients on plea offers, options and potential for success at trial or other dispositions of cases. • Advise clients of constitutional rights waived by pleading guilty and the potential direct and collateral consequences of a guilty plea. • Select juries, examine, and cross examine witnesses, draft and argue jury instructions and argue cases to the jury. • Advise non -citizen clients of the specific immigration consequences of criminal convictions. • Attend conferences and stay current on legal updates. Other Duties as assigned. Supervision Received: Will be supervised by the Chief Public Defender. Given: Will assist in the training and supervision of less experienced attorneys. Education Required: Jurls doctor degree from accredited law school. Preferred: Experience Required: • Five or more years of experience involving criminal representation in state courts • Ten or more felony criminal jury trials taken to a verdict as first chair Preferred: Certificates, Licenses, Registrations Required:- • Member in good standing of the State Bar of Texas • Valid driver's license Preferred: a Board certification in Criminal Law Brazos County Job Description Last Updated: October 2023 Template Revision 12 0/1115/2012 Class Number: B0132 Title: Public Defender I Pay Group: B0132 Department: Texas Indigent Defense Commission Grant FLSA Status: Exempt Reports To: Chief Public Defender Approved Date: 09/26/23 EEOC Category: Professionals General Summa : This position provides a full range of legal services to Indigent defendants in the assigned felony and misdemeanor cases. Primary responsibility to handle the misdemeanor case load and potentially felony -level controlled substance cases. Additional responsibilities to assist in felony caseload, trial preparation and trials, as directed. Essential Duties: • Legal Representation: The Public Defender I provides legal representation to clients who are unable to afford private attorneys. This involves handling a caseload of criminal cases, including misdemeanors and possibly some lower -level felonies. They conduct client Interviews, review evidence, research legal issues, develop defense strategies, negotiate with prosecutors, and represent clients in court proceedings, such as arraignments, hearings, and trials. • Case Management Public defenders are responsible for managing their caseload effectively and that does not exceed the Texas Indigent Defense Commission's Guidelines for Indigent Defense Caseloads. This includes organizing case files, tracking court dates and deadlines, and ensuring that necessary documentation and evidence are obtained and properly filed. A Public Defender 1 may work closely with case workers, investigators, and support staff to gather information, coordinate Investigations, and prepare for court appearances. • Client Communication and Counseling: Public defenders establish and maintain regular communication with their clients. This involves In - person meetings with clients In ]all, In the office, and sometimes at other locations. Public defenders explain legal processes, advise clients on their rights and options, and help manage expectations. A Public Defender i may provide counseling to clients, address their concerns, and make referrals to address any emotional or psychological needs related to their legal situation. • Legal Research and Writing: A Public Defender I conducts legal research to stay informed about relevant law, regulations, and legal precedents. They analyze cases, statutes, and legal opinions to develop effective defense strategies. Public defenders also draft legal motions, memoranda, and briefs to present arguments and advocate for their clients' rights and interests. • Courtroom Advocacy: Public defenders represent clients in court proceedings and advocate for their best interests. A Public Defender I may handle various court appearances, including arraignments, ball hearings, pretrial conferences, motions hearings, and trials. They present evidence, examine witnesses, cross-examine the prosecution's witnesses, make legal arguments, and deliver persuasive oral arguments to support their clients' defense. • Negotiations and Plea Bargaining: Public defenders engage in negotiations with prosecutors to reach plea agreements on behalf of their clients. A Public Defender I assesses the strength of the prosecution's case, evaluates potential defenses, and negotiates with the goal of securing favorable outcomes for their clients. They may engage in plea bargaining to obtain reduced charges, lower sentences, or alternative dispositions when appropriate. • Professional Development and Continuing Education: A Public Defender I engages in ongoing professional development and education to enhance their legal skills and knowledge. This may involve attending training programs, workshops, and seminars related to criminal law, trial advocacy, and defense strategies. They stay updated on changes in laws, legal procedures, and best practices to provide effective representation to their clients. AMRO Other Duties as assigned. Su ervision Received: Will be supervised by the Chief Public Defender. Duane Peters bate Given: County Mudge Education - Required: Juds doctor degree from accredited law school. Law school graduates awaiting bar examination results will be considered but must have a supervised practice card, i.e., 3L bar card. Preferred: Experience Required: This position is a potential entry level position for a new attorney. Applicants applying out of law school should be able to demonstrate an interest in criminal law, community service, and/or providing legal services to the poor. Applicants should highlight criminal law courses, practice clinics, mock trial, and moot court experience. Preferred: a 2 or more years of experience involving criminal representation in state courts 0 First chair trial experience in at least one criminal jury trial taken to a verdict Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/16/2012 Class Number: B0134 Title: Case Worker Pay Group: 21 Department: Texas Indigent Defense Commission Grant FLSA Status: Non -Exempt Reports To: Chief Public Defender Approved Date: 09/26/23- EEOC Category: Professionals General Summary. The Case Worker determines client eligibility and referrals for a variety of social services and provides other social services and provides short-term case management. This position researches and establishes connections with service providers in the region on behalf of the Brazos County Public Defender Office. Essential Duties: Case workers In a public defender's office play a vital role in providing support and assistance to attorneys and clients throughout the legal process. Their primary functions include: • Client Intake and Assessment: Case workers are responsible for conducting initial client interviews and Intake assessments. They gather relevant information about the client's background, personal history, and the circumstances of the case. This helps in determining the appropriate course of action and identifying any specific needs or resources required for the client's defense. • Case Management: Case workers assist in managing the administrative aspects of cases. They assist In organizing and maintaining case files, Including relevant documents, evidence, and correspondence. They track court dates, deadlines, and other important events to ensure timely and accurate case progression. Case workers also coordinate with external agencies, such as social service providers or treatment programs, to address clients' specific needs. • Client Support and Communication: Case workers serve as a point of contact for clients, providing them with regular updates on their cases, court appearances, and legal proceedings. They answer client inquiries, address concerns, and provide emotional support throughout the legal process. • Referrals and Resource Coordination: Case workers connect clients with community resources and services that may be beneficial to their overall well-being and their case. They maintain a network of referral sources, Including social services, mental health providers, substance abuse treatment programs, and housing assistance organizations. Case workers help clients access these resources and coordinate their involvement in the client's defense plan. • Court Preparation and Support: Case workers assist attorneys in preparing for court appearances, including arranging client transportation, coordinating witness appearances, and ensuring all necessary documents and evidence are available. They may also provide support during court proceedings, such as organizing exhibits, taking notes, and assisting with the presentation of evidence. • Collaboration and Teamwork: Case workers collaborate closely with public defenders, Investigators, and other members of the defense team. They participate in team meetings, case reviews, and strategy discussions to ensure a coordinated approach to holistic client representation. Case workers provide valuable insights and perspectives based on their knowledge of the clients and their cases. • Advocacy and Support Services: Case workers advocate for clients' needs and rights within the criminal justice system. They may assist in securing appropriate accommodations, such as language interpretation services or disability accommodations, to ensure clients can effectively participate in their defense. Case workers also provide referrals for support services such as counseling, substance abuse treatment, or job training to address clients' underlying needs and facilitate successful reintegration into the community. Other Duties as assigned. // Supervision Q _ �t Received: Will be supervised by the Chief Public Defender. Duane P ers ]Date Given: County Judge Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 OW15=12 Class Number: B0135 Title: Juvenile Public Defender Pay Group: B0135 Department: Public Defender Office FLSA Status: Exempt Reports To: Chief Public Defender Approved Date: 09/26/23 EEOC Category: Professionals General Summa : This position provides a full range of legal services to indigent defendants in the assigned felony and misdemeanor cases. Primary responsibility to handle the felony case load. Additional responsibilities to assist in misdemeanor caseload, trial preparation and trials, as directed. Essential Duties: The essential duties of a Juvenile defender in a public defender's office Involve providing legal representation and advocacy for juvenile clients throughout the legal process. Here are some key duties: Legal Representation: Juvenile defenders are responsible for providing competent and zealous legal representation to juvenile clients. This includes conducting Interviews, gathering information, and assessing the legal and factual aspects of the case. Case Assessment: Juvenile defenders assess the strengths and weaknesses of each case, Including examining the evidence, reviewing police reports, and identifying potential legal defenses. They analyze the specific needs and circumstances of each juvenile client and develop appropriate legal strategies. Courtroom Advocacy: Juvenile defenders represent their clients in court proceedings, including detention hearings, adjudication hearings, disposition hearings, and any other relevant court appearances. They present arguments, question witnesses, introduce evidence, and advocate for the best interests of their clients. Collaborative Work: Juvenile defenders often work closely with other professionals involved in the juvenile justice system, such as probation officers, social workers, and mental health professionals. They collaborate to develop comprehensive defense strategies that address the unique needs and circumstances of each juvenile client. Client Counseling and Guidance: Juvenile defenders provide guidance and support to their clients, explaining the legal process, potential consequences, and available options. They help clients understand their rights and make informed decisions regarding their case. Rehabilitation and Treatment Advocacy: Juvenile defenders advocate for appropriate rehabilitation and treatment services for their clients. They may work to secure access to educational programs, mental health services, substance abuse treatment, counseling, or other Interventions aimed at addressing underlying Issues and promoting positive development. Record Sealing and Expungement: Juvenile defenders assist clients in navigating the process of sealing or expunging their juvenile records when applicable. They advocate for their clients' rights to have a fresh start and access to future opportunities. Client Support: Juvenile defenders provide emotional support and guidance to their clients, understanding the unique challenges and vulnerabilities that juveniles may face In the legal system. They strive to ensure that their clients' voices are heard and that their rights are protected. Other Duties as assigned. Su rvislon Received: Will be supervised by the Chief Public Defender. Given: Will assist in the training and supervision of less experiencedAMI r� —1 Education Required: Juds doctor degree from accredited law school. Preferred: t>a11e Peters ate County Judge Experience Required: Five or more years of experience involving representation of juvenile clients In state courts Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class (dumber: B0136 Title: Office Manager Pay Group; 22 Department: Texas Indigent Defense Commission Grant FLSA Status: Non -Exempt Reports To: Chief Public Defender Approved Date: 09/26/23 EEOC Category: Administrative Support General Summary The newly created Brazos County Public Defender Office is seeking an Office Manager to assist the office in representing indigent and marginalized individuals charged with a misdemeanor or felony criminal offense in Brazos County. The position begins January 3, 2023, in Bryan, Texas. Compensation ranges from $59,000 to $65,000 per year, plus benefits of employment with Brazos County including health care and retirement. The Office Manager position administers fiscal processes including budget preparation and management, office automation, procurement, personnel management; and applies a comprehensive knowledge of administrative management principles, practices, methods, and techniques; as well as supervising all employees as to office policies and procedures. Essential Duties: • Administrative Oversight: The office manager is responsible for overseeing the day -today administrative operations of the BCPDO. This includes managing office supplies (including research materials and publications), coordinating office maintenance, and ensuring efficient workflow within the office. • Personnel Management: The office manager may be involved in various human resources tasks such as recruiting and hiring staff, managing employee records, coordinating employee benefits with other county departments, and facilitating employee training and development • Financial Management: The office manager assists the Chief Public Defender in managing the BCPDO's financial activities, such as fiscal process, budget preparation and budget management • Technology and Information Management: The office manager plays a crucial role in managing the BCPDO's technology infrastructure and information systems. This includes coordinating with the IT Department concerning software licenses, data security, and implementing efficient document management systems. • Communication and Coordination: Effective communication and coordination are essential for a smooth -running law firm. The office manager acts as a liaison between attorneys, staff, clients, and external stakeholders. They me schedule meetings, coordinate calendars, manage correspondence, and facilitate internal communication channels. Other Duties as assigned. Su envision ters Duane -Re at b Received' Will be supervised by the Chief Public Defender. bounty Judge Given: Will directly supervise non-attomey employees in the office and assist in supervising attorney employees. Education Required: Graduation from a standard high school or equivalent preferred: Bachelor's degree from accredited college or university. Experience Required: 3+ years' experience handling office management or legal assistance work in a law firm or public office. Preferred: 5+ years of experience handling office management or legal assistance work in a law firm or public office. Certfcates, Licenses, Required: Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/1512012 Class Number: 80138 Title: Administrative Clerk Pay Group: 15 Department: Texas Indigent Defense Commission Grant Fl-SA Status: Non -Exempt Reports To: Chief Public Defender Approved Date: 09/26/23 EEOC Category: Administrative Support General Summary: The Administrative Clerk position provides support to the Public Defender Office, the public and other county departments to ensure effective, efficient and productive workflow. This work is often confidential in nature and requires the use of problem -solving skills and independent decision - making. This individual will also participate in planning of programs, policies or objectives for the PDO. Essential Duties: The duties of an administrative clerk in a public defender's office may vary depending on the circumstances and needs of the office. However, here are some important duties that are required of this position: • Document Preparation: Administrative clerks assist in the preparation, organization, and filing of legal documents such as motions, briefs, pleadings, and discovery requests. They ensure that all necessary documentation is complete, accurate, and filed in a timely manner. • Case Management: They help manage the administrative aspects of cases, including maintaining case files, tracking court dates, and ensuring deadlines are met. They may also assist with scheduling and coordinating appointments and meetings related to the cases. • Research and Investigation: Administrative clerk may conduct research on legal issues, case law, and relevant statutes to support the defense team's strategies. They may also assist with investigations by gathering and organizing evidence, interviewing witnesses, and documenting relevant information. • Client Communication: They serve as a point of contact for clients, providing information, answering questions, and ensuring that clients are kept informed about their case status and court proceedings. They may also assist in scheduling client meetings and maintaining regular communication with clients. • Courtroom Support Administrative clerks may provide support during court proceedings, including attending hearings and trials, preparing exhibits, and assisting with courtroom logistics. They may also assist with the preparation of witnesses and coordinate with other members of the defense team. • Legal Database and Records Management They help maintain and update legal databases, case management systems, and other records related to the cases. This includes organizing and indexing documents, ensuring data accuracy, and generating reports as needed. • Administrative Support Administrative clerks may assist with general administrative tasks, such as managing correspondence, coordinating meetings, maintaining calendars, and handling office logistics. They provide overall support to the public defender's office to ensure smooth operations. These duties are crucial in supporting the work of public defenders and ensuring effective and efficient representation of clients. Its important to note that the specific responsibilities of an administrative clerk may vary depending on the current caseload needs of the public defender's office. Other Duties as assigned. Supervision Received: Will be supervised by the Chief Public Defender and the O Given: None. Education Required: Graduation from a standard high school or equivalent. Duane Peters Date County Judge Brazos County Job Description Last Updated: October 2023 Template Revislon 1.2 08/15/2012 Class Number: B1890 Title: Professional Counselor Pay Group: 24 Department: TJJD State Aid . FLSA Status: Exempt Reports To: Deputy Director Approved Date: 09/26/23 EEOC Category: Professionals General Summa : Deliver counseling and mental health services for youth who are under supervision of the Brazos County Juvenile Services Department. Provide individual, family and group counseling for justice involved youth and their families. Supervise Interns and Volunteers assigned to counseling duties. Abide by ethical standards to properly supervise clients. Essential Duties: Other duties may be assigned. Make professional recommendations on Individual cases to the probation officer to be presented to court. Responds to emergency situations on a 24-hour call basis, subject to irregular work hours. Assists in planning, coordinating and implementing programs. Assists with and conducts staff training and development. Assists in developing and implementing new programs. Provide counseling services by utilizing in -home, office or group sessions. Develop written aftercare plans with juveniles prior to their release from counseling. Actively participate in weekly staff meetings providing recommendations for counseling services. Develops and assures treatment follows department, state, professional and national standards. Provide court testimony as directed. Provide 24-hour emergency crisis intervention for the detention center. Identify juvenile needs that cannot be addressed in-house and make appropriate referral recommendations. Provide crisis intervention for youth in the Academy School as needed. Supervise Interns regarding ongoing assignments and duties. Maintain client confidentiality. Maintain applicable licensure(s). The Professional Counselor will provide administration and interpretation of psychological evaluations of youth at risk of suicide, or in need of specialized treatment services. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Facilitates and participates in departmental programs. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from'the position if the work is related or a logical assignment to the position. Other Duties as assigned. Su ervision Received: _ Deputy Director aia Given: Not applicable PeIexe ate County Judge Education Required: The Professional Counselor will have a master's degree In social work, counseling, or psychology. Preferred: Experience. Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older. Preferred: 14 Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08/15/2012 Class Number: B2817 Title: Juvenile Probation Officer Pay Group: 18 Department: Juvenile, TJJD Basic Court FLSA Status: Non -Exempt Reports To: Probation Supervisor Approved Date: 09/26/23 EEOC Category: Professionals General Summa : To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court and testify when necessary; and prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. Take urine samples from clients. Interview and counsel children and their families. Prepare case plans, case plan reviews and exit plans. Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques. Maintain 80 hours biannually of approved training to maintain JPO and JSO certification. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics. Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code. Facilitates and participates in departmental programs. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description Is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. Supervision _ _ _ Probation Supervisor c� Received: T)uane- Peters Dat Given: Not applicable County Judge Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in juvenile correctional work or social services. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: Certificates, Licenses, Required: Valid Texas driver's license with appropriate liability auto Insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof (on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 12 0811MO12 Class Number: B1877 Title: Juvenile Parole Officer Pay Group: 18 Department: TJJD State Aid FLSA Status: Non -Exempt Reports To: Probation Supervisor Approved Date: 09/26/23 EEOC Category: I Professionals General Summary: To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court and testify when necessary; and prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. Take urine samples from clients. Interview and counsel children and their families. Prepare case plans, case plan reviews, and exit plans. Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department Make arrests and perform restraint techniques. Maintain 80 hours biannually of approved training to maintain JPO and JSO certification. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures, and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics. Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code. Facilitates and participates in departmental programs. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. AR-9 Other Duties as assigned. Supervision Received: Probation Supervisor Duane Peters bate Given: Not applicable County Judge Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations maybe made to enable individuals to perform the essential functions. Must be 21 yearsof age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: Certificates, Licenses, Registrations Required: Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof (on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 1.2 08115/2012 Class Number: B1887 Title: Juvenile Probation Officer Title IV Pay Group: 18 Department: TJJD State Aid FLSA Status: Non -Exempt Reports To: Probation Supervisor Approved Date: 09/26/23 EEOC Category: Professionals General Summa : To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court, and testify when necessary; and prepare conditions for which Juvenile may be released when necessary. Transport juveniles to various locations. Take urine samples from clients. Interview and counsel children and their families. Prepare case plans, case plan reviews, and exit plans. Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department. Make arrests and perform restraint techniques. Maintain 80 hours biannually of approved training to maintain JPO and JSO certification. On call 24 hours a day, subject to Irregular work hours. Follow established policies, procedures, and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics. Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code. Facilitates and participates in departmental programs. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment. The Job description is subject to change by the employer as the needs of the employer and requirements of the job change. APPR.® Other Duties as assigned. Supervision Received: Probation Supervisor Duane Peters ]Date Given: Not applicable County Judge Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a Juvenile correctional work or social services. Preferred: Experience Required: To perform this job,successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable Individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: Certificates, Licenses, Registrations Required: Valid Texas driver's license with appropriate liability auto Insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof (on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: Brazos County Job Description Last Updated: October 2023 Template Revision 12 08/1512012 Class Number: B2819 Title: Juvenile Probation Officer Pay Group: 18 Department: TJJD State Aid FLSA Status: Non -Exempt Reports To: Probation Supervisor Approved Date: 09/26/23 EEOC Category: Professionals General Summary: To provide efficient and effective casework services for those children who are diverted or who are under the jurisdiction of the Juvenile Court of Brazos County. Essential Duties: Other duties may be assigned. Secure data regarding physical, psychological, and social factors contributing to juvenile's situation, and prepare social history investigations and other reports for the Juvenile Court. Arrange and participate in detention hearings. Accompany juveniles to Court and testify when necessary; and prepare conditions for which juvenile may be released when necessary. Transport juveniles to various locations. Take urine samples from clients. Interview and counsel children and their families. Prepare case plans, case plan reviews, and exit plans. Conduct placement visits, home visits and school visits. Comply with all case management standards as defined by Texas Juvenile Justice Department Make arrests and perform restraint techniques. Maintain 80 hours biannually of approved training to maintain JPO and JSO certification. On call 24 hours a day, subject to irregular work hours. Follow established policies, procedures, and practices of the department. Abide by the Texas Juvenile Justice Department Code of Ethics. Maintain security and confidentiality of all case information, files and chronos as required by the Texas Family Code. Facilitates and participates in departmental programs. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is related or a logical assignment to the position. This job description does not constitute an offer of employment The job description is subject to change by the employer as the needs of the employer and requirements of the job change. Other Duties as assigned. XA Supervision Received: Probation Supervisor�� eane-Peter-s fte Given: Not applicable County Judge Education Required: Bachelor's degree in Criminal Justice or a related field, plus one (1) year of responsible, paid experience in a juvenile correctional work or social services. Preferred: Experience Required: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Probation Officer and Juvenile Supervision Officer through TJJD. Preferred: Certificates, Licenses, Re istratfons Required: Valid Texas driver's license with appropriate liability auto insurance coverage (Driver's license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria .for certification as a probation officer through TJJD which includes a certified copy of transcript with written proof of accreditation of your college or university as well as written proof (on employer's letterhead) of required work experience from previous employer (which should include dates of employment and description of job duties and performance), non -disqualifying criminal history/sex offender registration background check. Preferred: THIRD RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE BRAZOS VALLEY WIDE AREA COMMUNICATIONS SYSTEM (BVWACS) STATE OF TEXAS E COUNTIES OF BRAZOS, WASHINGTON, MADISON, BURLESON, AND GRIMES § This Agreement is by and among the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, Burleson County, Madison County, Grimes County, and Texas A & M University. RECITALS A. The BVWACS Parties are combining their resources and desire to jointly operate and maintain the Brazos Valley Wide Area Communications System to improve the ability of public safety and public service radio communications internally and among themselves, and to allow direct access to, and exchange of data. B. The BVWACS Parties desire to continue to join their Wide Area Communications System with the regional communications system of Harris County, Texas, and to create a mechanism to effectively administrate this endeavor pursuant to a separate agreement with Harris County in a manner consistent with this Agreement. C. The BVWACS Parties desire to provide for the organizational structure and funding support for the construction, acquisition, implementation, operation and maintenance of the Wide Area Communications System. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein, the BVWACS Parties agree as follows: 1. Definitions. A. Annual Assessment means a BVWACS Parry's proportionate share of the annual Capital Costs and Operating Costs for the upcoming fiscal year based on the approved BVWACS budget and determined by that BVWACS Party's participation percentage as described in Sections 93 and 9.0 of -this Agreement. B. Brazos County means the corporate and political body of the state of Texas known as Brazos County. C. Brenham means the City of Brenham. D. Bryan means the City of Bryan. E. Burleson County means the corporate and political body of the state of Texas known as Burleson County. F. BVWACS Associates means those entities that are sponsored by a BVWACS Party that are eligible to use the licensed frequencies under FCC rules and regulations, that are using the BVWACS and that are not BVWACS Parties pursuant to the terms of this Agreement. G. BVWACS Managing means the Brazos Valley Council of Governments contracted to supervise the performance of this Agreement or any other BVWACS Party or third party entity designated to perform this function pursuant to the terms of this Agreement and pursuant to Section 791.013 Texas Government Code. H. BVWACS Parties means the state political subdivisions that have entered into this Agreement for the construction, acquisition, implementation, operation and maintenance of the BVWACS, including Bryan, College Station, Brenham, Brazos County, Washington County, Burleson County, Madison County, Grimes County, Page 2 and Texas A & M University. Additional parties may be added from time to time pursuant to the terms of this Agreement. I. BVWACS Manager means the Employee of the Managing Entity unless designated by the Governing Board otherwise tasked to perform services for BVWACS as set forth in this Agreement. J. BVWACS Support Vendor means any of the one or more vendors selected to provide maintenance, repair, troubleshooting, and related services for the Brazos Valley Wide Area Communications System. K. BVWACS Value means the undivided interest of a BVWACS Party in the BVWACS Infrastructure, Improvements and real property. L. College Station means the City of College Station. M. Commencement Date means the date on. which this Agreement has been duly approved by all BVWACS parties. N. Costs include Capital Costs and Operating Costs as defined below: 1) Capital Costs means all costs incurred for the constriction, acquisition and implementation of the BVWACS in accordance with the terms of this Agreement. Capital Costs includes expenditures for the construction, acquisition and implementation of any and all Improvements, Infrastructure, additions, replacements, upgrades and enhancements to the BVWACS; land acquisition costs, including appraisals, legal fees, surveys, and other costs associated thereto; the procurement of any hardware or software relating to the construction and implementation of any and all Improvements, Infrastructure, additions, replacements, upgrades and enhancements to the BVWACS; engineering studies, consulting reports, analysis, design and planning; auditing and compliance with accounting principles and the fiscal and legal expenses relating thereto, and any and all other costs and expenses relating to the foregoing. The BVWACS System Architecture is attached hereto and made a part hereof labeled Exhibit A. Notwithstanding any of the above, Capital Costs shall be processed in accordance with GASB 34 and GAAP Accounting Principles. Page 3 2) Operating Costs means all costs not specifically identified as Capital Costs and includes all fixed and variable costs and expenses incurred, directly or indirectly, in the operation and maintenance of the BVWACS consisting of, without limit, the direct purchase of goods and services, such as photographic supplies, developing and printing; educational materials, books, office supplies, postage, computer supplies, computer software, small tools and minor equipment, and minor computer hardware, office space or the value thereof; costs associated with contracts to supply goods and services, such as support contracts, rental of copy machines, vehicle maintenance and fuel costs, tower site and infrastructure insurance, building maintenance, computer hardware and software maintenance, printing and binding; personnel costs incurred by all entities for Employees approved in the Budget to support the BVWACS including, without limitation, wages, benefits, insurance, employment related taxes, employers' retirement contributions, phone allowances, pagers, education and seminar fees, travel for training, mileage reimbursement, and parking costs; and further including ongoing utility costs, security, and the normal, periodic maintenance, tuning, servicing, inspecting, parts replacement and repair and other similar activities that are intended to keep the BVWACS functioning efficiently and to maintain the useful life of the assets and reduce the probability of failures. The term includes all other items or expenses of a like or different nature reasonably required or desirable for the efficient maintenance and operation of the BVWACS in full compliance with all current and fixture regulatory requirements and the performance of the provisions of this Agreement; the provision of liability and other insurance in amounts and types determined necessary for the proper operation of BVWACS; assumption of legal liability of the BVWACS Parties to pay money to satisfy an arbitration award, administrative decision, settlement agreement, or court decision creating a judgment against one or more of the BVWACS Parties as a result of a third party claim arising out of or incident to the terms of this Agreement, including reasonable attorneys' fees and costs incurred in defending against same; and costs incurred in enforcing or defending the provisions of this Agreement, Page 4 including reasonable attorneys' fees. Notwithstanding any of the above, Operating Costs shall be processed in accordance with GASB 34 and GAAP Accounting Principles. O. Day_ unless otherwise described, means calendar day. P. Employees means the person(s) employed by one or more of the Parties or by the Managing Entity, devoted exclusively to the construction, acquisition, implementation, operation and maintenance of the BVWACS as set forth in this Agreement. Q. FCC means the Federal Communications Commission. R. Fiscal Year means the fiscal year agreed upon by the entities signing this Agreement. The Fiscal Year in effect as of the execution of this Agreement commences on October 1st of each year and ends the following September 30th. S. Grimes County means the corporate and political body of the State of Texas known as Grimes County. T. Madison County means the corporate and political body of the State of Texas known as Madison County. U. Improvements means any structure, facility, addition, replacement, upgrades and enhancements to the BVWACS including, without limitation, hardware, software, equipment and real property acquired for increasing functionality, range or capacity of the Wide Area Communications System. V. Infrastructure means collectively all Improvements, additions, replacements, upgrades and enhancements to real property or personalty, real property acquisition, and all system hardware and software procurement necessary for the normal operation of the BVWACS and excluding Subscriber Equipment. The twenty-one radio consoles implemented in the system initial phase are included as system infrastructure. W. Initial Phase means that first phase of Infrastructure and Improvements, including the Capital Costs relating thereto, for the Parties to utilize the BVWACS within the designated portions of the Service Area all as shown on Exhibit B. As proposed herein, the Initial Phase shall include radio voice communications but not data transmission. Page 5 X. Quarterly Assessment means a BVWACS Parry's proportionate share of the Capital Costs and Operating Costs that are projected to be incurred and the amount of money projected to be expended during the next fiscal quarter as presented in an itemized schedule prepared by the Managing Entity, with the proportionate share determined in accordance with the participation percentages of the BVWACS Party, in accordance with Sections 9.B. and 9.C. Y. RemainingParties means those BVWACS Parties to this Agreement who remain committed to this Agreement if one or more BVWACS Parties withdraw from this Agreement or is terminated pursuant to the terms of this Agreement. Z. Service Area means that geographical area designed to serve the Parties for the BVWACS as same may, from time to time, be amended through approval by the Governing Board. A map of the Service Area is attached hereto as Exhibit B. 1 AA. Standard Terms and Conditions means the terms and conditions listed in Exhibit C that must be included in all BVWACS Associate Interlocal Cooperation Agreements. BB. Subscriber Equipment means the portable radios, mobile radios, control station radios, radio consoles, excluding the original 21 radio consoles installed or made operational as part of the Initial Phase, and other equipment operated by BVWACS Parties and BVWACS Associates accessing BVWACS. CC. Terminated Party means a BVWACS Party who has received a notice of termination and whose participation in the BVWACS Agreement has been terminated for default, after it failed to cure the default in a timely manner. DD. Termination Date means twelve (12) months from the date of the notice of withdrawal when a BVWACS Party gives notice of its intention to withdraw from this Agreement and terminate its participation in BVWACS. EE. Washington County means the corporate and political body of the state of Texas known as Washington County. FF. Wide Area Communications System or BVWACS means the Regional Voice and Data Radio System serving the Brazos County, Grimes County and Washington County, Texas areas as shown on a Service Area map attached as Exhibit B as same may from time to time be amended as provided in this Agreement, implemented by Page 6 Parties for public safety and public service purposes in accordance with the terms herein and pursuant to applicable law for such type of public communications system. GG. Withdrawing Party_ means a BVWACS Party who gives notice of its intention to withdraw from this Agreement and terminate its participation in BVWACS. HH. RF Site means the equipment located within the equipment shelter at a given location, the radio tower or structure upon which antennas are mounted at a given location, and any miscellaneous hardware, equipment racks, or utilities necessary for the equipment at a given location to function in support of radio subscriber equipment users in the field. II. Console site means the equipment located within a dispatch facility at a given location, including computer equipment, servers and server racks, console furniture, and any miscellaneous hardware or utilities necessary for that equipment to function in support of dispatch operations between telecommunicators and radio subscriber equipment users in the field. JJ. RNI means Radio Network Infrastructure, or the data network which connects all RF and Console sites to the Master Sites in Conroe, TX and Tomball, TX. 2. Term of Agreement. The term of this Agreement shall be effective when this Agreement has been duly approved by all BVWACS Parties (termed the Effective Date), subject to the BVWACS Parties' rights of termination in this Agreement. The term of this Agreement is from the Effective Date to September 30, 2028. Nothing in this Agreement will prevent the BVWACS Parties from entering into a separate Agreement with another group or entity providing similar radio services provided such Party continues to adhere to the terms and conditions of this Agreement. 3. Purpose. The purpose of this Agreement is to establish an organizational and management structure for the construction, acquisition, implementation, ongoing administration, operation, and maintenance of the BVWACS by the Parties, including establishing a budget proposal process, a funding process, and the allocation of Costs associated with the construction, Page 7 acquisition, implementation, operation, maintenance, and Improvements to the Wide Area Communications System. The BVWACS Parties have developed initial objectives, attached as Exhibit D, and evaluation factors, attached as Exhibit E. 4. Governing Board. A. Purpose. The Governing Board shall set policy for the BVWACS, direct and approve the operating policies and procedures of the Operating Board, adopt a draft budget annually, and carry out any and all other appropriate tasks necessary for the proper functioning of the BVWACS. The Governing Board may exercise such powers and duties as authorized under this. Agreement. B. Composition. The Governing Board shall consist of one member from each of the BVWACS Parties. Governing Board Members should be public officials or senior executive level employees of their respective BVWACS Party. Governing Board Members may designate in writing an individual within their entity to act in their place. The governing body of a BVWACS Party may designate in writing a change in that BVWACS Party's Governing Board Member. C. Officers. The Governing Board shall elect a chair, vice -chair, and other officers annually. The BVWACS Managing Entity shall provide secretarial services and other administrative support services to the Governing Board. D. Meeting Requirements. The Governing Board shall meet annually or as -needed, but special meetings may be called by the request of one (1) or more Governing Board Members. These meetings shall be held in compliance with the Texas Open Meetings Act. These meetings shall be publicly posted 72 hours before the meeting by the Chair of the Governing Board. Meeting notices and meeting agenda shall be sent to members of the Governing Board at least 72 hours before the meeting. E. BVWACS improvements. The Governing Board may develop agreements defining the roles and responsibilities of the BVWACS Parties for BVWACS Improvements at the time the BVWACS Improvements are approved by the BVWACS Parties. The funding for these BVWACS Improvements shall be included in these agreements. Unless otherwise Page 8 agreed by the BVWACS Parties in writing, Minding for the cost of BVWACS Improvements that are constricted or acquired to benefit one (1) or more individual BVWACS Parties shall be paid only by the BVWACS Parties benefiting from such BVWACS Improvements. F. Quorum and Voting. No action may be taken by the Governing Board unless a quorum is present. A quorum shall consist of a majority of members. Unless expressly stipulated otherwise in this Agreement or unless required differently pursuant to applicable law, the affirmative vote of a majority of members is required for the Governing Board to adopt any resolution or take any action. Each member of the Governing Board shall have one vote. 5. Operating Board. A. Purpose. The management and technical operation of the BVWACS is overseen by an Operating Board which ensures that the policies set by the BVWACS Governing Board are carried out and which provides overall BVWACS advice as to the construction, acquisition, implementation, operation and maintenance of the BVWACS and provides advice to the BVWACS Managing Entity. B. Composition. The Operating Board consists of one member appointed by each of the BVWACS Parties. In addition, each BVWACS Party may designate in writing an alternate ("Alternate") to act in place of its appointed Operating Board member. Notice of a change in designated Board Members or Alternate by a BVWACS Party may be made by sending written notice of the newly designated Board Member(s) or Alternate to the Chair of the Operating Board, with a copy to the BVWACS Managing Entity. The composition of the Operating Board is shown in Exhibit F. C. Duties. The Operating Board shall meet quarterly or as -needed. The Operating Board shall examine the apportionment of BVWACS Capital Costs and Operating Costs among the BVWACS Parties and recommend any adjustments needed to the Governing Board. The Operating Board shall annually submit a draft Operating and Capital Program budget for presentation to the Governing Board by March 1 of each year unless -directed otherwise by the Governing Board regarding funds needed to improve, operate, maintain, and use the BVWACS. The Operating Board shall review and recommend the operating policies and Page 9 procedures for the BVWACS, including policies related but not limited to system security, fleetmap management, capacity management, and interoperability with other radio systems and equipment. The Operating Board shall regularly review the evaluation factors for the BVWACS as described in Exhibit E of this Agreement and take needed actions to ensure reliable BVWACS performance. The BVWACS Managing Entity, together with the Operating Board, shall develop and recommend to the Governing Board BVWACS Improvements as needed to ensure optimal BVWACS functionality and performance. The Operating Board shall consider the impact of proposed BVWACS Associates and proposed new Parties to this Agreement on the capacity of the BVWACS and recommend approval or denial of requests to sponsor an entity as an Associate or to add an additional party to this Agreement. In addition, the Operating Board annually provides input to the Governing Board and to the BVWACS Managing Entity on the performance of the BVWACS Systems Manager. D. Terms. The term of each Board Member shall be determined by the appointing BVWACS Party. All Board Members serve at the pleasure of their appointing BVWACS Party. E. Attendance Requirements. Either a Board Member or Alternate shall attend all meetings. If a BVWACS Party has no representation at more than 25% of the meetings during any calendar year, the BVWACS Party shall appoint new Board Member(s) and new Alternate(s). Operating Board meetings are scheduled by the Operating Board Chair. F. Chair, Vice -Chair, and Secretary. The Operating Board Members elect the Chair, Vice - Chair, and Secretary in the first month of each Fiscal Year. The Chair is responsible for scheduling meetings and providing Operating Board members with meeting notices. One of the duties of the Secretary shall be to record and track attendance of Board Members and Alternates. The BVWACS Managing Entity provides or arranges staff support to make written minutes of each Operating Board meeting and provides other needed logistical support for the Operating Board. G. Procedures at Meeting. The Chair presides at the meetings and the Vice -Chair acts in the absence of the Chair. No action may be taken by the Operating Board unless a quorum of Board Members is present. A quorum shall consist of a majority of Board Members. The Chair shall provide the Board Members with at least 20 days' notice of proposed dates for regular meetings. Any Board Member may place items on the Operating Board's meeting Page 10 agenda by submitting the item to the Chair at least ten days before the next meeting. The Chair shall submit the agenda to the Board Members no later than seven days before the meeting. Each Board Member shall have one vote. The affirmative vote of more than 50 percent of all the members of the Operating Board is required to adopt any resolution or take any action. Voting by proxy or delegate is permitted. H. Actions of Operating_ Board. The Operating Board may not take any action that would violate any applicable statute, law, regulation, court order, ordinance, commissioners' court order, city charter provision, articles of incorporation or other governing document. If any such action is taken, it is null and void. I. Special Meetings. The BVWACS Managing Entity may call meetings upon 72 hours written notice to the Board Members to conduct regular business matters or to address budget related items, which may require action by the Parties' governing bodies to increase or decrease currently budgeted expenditures. The Chair or a majority of the Board Members may also call special meetings of the Operating Board. In the event of an emergency, the notice provision herein shall be suspended. 6. Amendments to Agreement. Any BVWACS Party may propose an amendment to this Agreement to the Operating Board. The Operating Board considers the amendment and makes a recommendation to the Governing Board for consideration. The Governing Board shall review amendments to this Agreement and may recommend approval of the amendment to the governing bodies of the BVWACS Parties. An amendment to this Agreement shall be effective when approved by three fourths of the governing bodies of the BVWACS Parties. A BVWACS Party whose governing body does not approve an amendment to this Agreement adopted as provided above, may withdraw from participation in the BVWACS as described in Section 17 A. of this Agreement. 7. Construction, Acquisition and Implementation of BVWACS. A. Initial Phase. The Initial Phase of the BVWACS shall be comprised of current Infrastructure and Improvements owned by one or more of the Parties hereto plus additional Infrastructure and hmprovements to be constructed or acquired. Exhibit A sets Page 11 out the Infrastructure, Improvements and real property currently owned by one or more of the Parties as well as the additional proposed BVWACS Infrastructure and BVWACS Improvements that will comprise the Initial Phase. The Parties agree that the Initial Phase of the BVWACS shall be as set forth in Exhibit A. B. Ownership and Permission. Ownership of Infrastructure and Improvements currently owned by the Parties shall remain the property of such Party. Permission for all BVWACS Parties, BVWACS Associates, the BVWACS Managing Entity and its respective agents and representatives to access and use such Infrastructure and Improvements as part of the BVWACS in accordance with this Agreement is herein granted. New BVWACS Improvements and BVWACS Infrastructure shall be owned as tenants in common among the Parties then in existence at the time funding was provided for such BVWACS Improvements or BVWACS Infrastructure. 8. Staffing and Operations. A. Designation of Managing Entity. The Governing Board shall designate one of the BVWACS Parties or a mutually agreed upon third party as the Managing Entity for the BVWACS. B. BVWACS Systems Manager. The Managing Entity is responsible for providing the BVWACS Systems Manager. This may be a full time Employee or, with the approval of the Governing Board, contracted third party devoted to managing the construction, acquisition, implementation, operation and maintenance of the BVWACS under the direction of the Managing Entity. The Operating Board will serve in an advisory capacity to the BVWACS Systems Manager on behalf of the Governing Board. The BVWACS Systems Manager shall be an Employee of the Managing Entity unless the Governing Board designates otherwise. As its Employee, the Managing Entity shall be responsible for the hiring, firing, performance review, training and education, provision of health and retirement benefits and all other costs associated with this position as well as costs associated with being an Employee of the Managing Entity, subject to reimbursement by the Parties through adoption of the annual BVWACS Budget which shall include the costs of all Employees. The Managing Entity shall obtain input from the Governing Board before Page 12 taking any formal action regarding performance, including annual reviews, with respect to such Employee. C. Management Duties of the BVWACS Managing E The BVWACS Managing Entity will manage the BVWACS on a day-to-day basis. Responsibilities include the following plus any other duties as determined by the Governing Board: 1) Management. Perform ongoing management of the construction, acquisition, implementation, operation and maintenance of the BVWACS; 2) Coordination with other radios sty Serve as principal coordinator with other radio systems as determined by the Governing Board; 3) Minutes. Maintain minutes of the Governing Board and Operating Board meetings; 4) Recommendations. Make recommendations to the Operating Board regarding proper performance of the BVWACS tinder the terms of this Agreement; 5) Supervision. Supervise additional Employees as applicable; 6) Dispute Resolution. Assist in the administrative dispute process as set out elsewhere in this Agreement; 7) Agreement Copy. Maintain and make available at all reasonable times to the Operating Board and to the Governing Board a current copy of this Agreement, including any amendments and the most current version of all Exhibits together with copies of the most current versions of any subsequently developed operating procedures, policies or standards; 8) Financial Responsibilities. Reconcile the budget on a quarterly basis or as requested by the Governing Board. Prepare draft budget, coordinate purchasing, conduct inventories, assist with any audits and handle such other fiscal matters as may be directed by the Governing Board; 9) Reports. Provide such performance reports, projection reports and other reports regarding the technical, operational, fiscal and other aspects of the BVWACS as required by the Governing Board or Operating Board; Page 13 10) Record KeoinL. Maintain and keep current all records, legal documents, contracts, manuals, warranties, etc. relating to the BVWACS and make same available for review by any of the Parties upon request; 11) Contract Administration. Administer all contracts for the constriction, acquisition, implementation, operation and maintenance of the BVWACS; 12) Project Management. Oversee the management of all projects relating to the construction, acquisition and implementation of Infrastructure and Improvements to the BVWACS; 13) Standard Operating Procedures. Develop, distribute and keep current standard operating procedures for the BVWACS as directed by the Operating Board; 14) BVWACS Availability. Ensure operational and technical availability of the BVWACS features to the Parties and Associates in accordance with the goals and objectives set forth herein and that support interaction and communications with other public safety radio systems; 15) Grant Administration. Oversee the application, administration and financial management of grant funding programs available for the construction, acquisition, implementation, operation and maintenance of the BVWACS. This includes performing as a recipient or sub -recipient for the BVWACS Parties in relation to such grant programs. D. Staffing. There may be such other Employees as may, from time to time, be budgeted and approved by the Governing Board. The BVWACS Parties through action of the Governing Board may elect to contract out some or all services relating to the construction, acquisition, implementation, operation and maintenance of the BVWACS. The initial number and types of Employees to be provided or funded by the BVWACS Parties are shown in Exhibit G. Notwithstanding anything herein to the contrary, personnel provided by one or more of the Parties to support the BVWACS are, and shall exclusively remain, employees of their respective entity, subject to all of the employment rules and personnel policies of that entity. The personnel costs necessary to support the BVWACS are included in each year's draft budget submitted to the Parties, subject to the provisions in Section 9. Budget and Section 18. Effect of Breach and Default. Page 14 E. Operating Procedures. The BVWACS Managing Entity shall ensure that standard operating procedures are prepared to govern the day-to-day management and operation of the BVWACS and BVWACS staff ("Standard Operating Procedures") as may be directed by the Governing Board, and shall submit such Standard Operating Procedures to the Operating Board for review and approval. Standard Operating Procedures shall be annually reviewed by the Operating Board and updated as needed. The BVWACS Managing Entity also monitors the implementation of and compliance with the Standard Operating Procedures. If there is any conflict between the Standard Operating Procedures and the employment rules and personnel policies of the entities, then the employment rules and personnel policies of the entities control as they impact that entities' staff supporting the BVWACS. The Operating Board shall also oversee the development and implementation of corrective measures policies. F. Roles and Responsibilities. The BVWACS Parties shall use the BVWACS in a manner consistent with the Standard Operating Procedures, directives of the Governing Board and in compliance with applicable FCC riles and regulations. The BVWACS Parties shall follow the established Standard Operating Procedures and Governing Board directives regarding the programming and addition of Subscriber Equipment to the BVWACS. The BVWACS Parties are encouraged to utilize and improve the interoperation capabilities of the BVWACS. BVWACS Parties shall utilize the BVWACS Managing Entity as their primary point of contact for requests for BVWACS Improvements when dealing with problems, or to answer questions. BVWACS Parties shall work in good faith with the BVWACS Managing Entity to help resolve problems. Using Standard Operating Procedures or other directives from the Governing Board, BVWACS Parties shall have access to system reports including, but not limited to, system usage, utilization and performance. A BVWACS Party is financially responsible for any FCC penalties, fines or other financial encumbrance caused by the actions of that BVWACS Party and any BVWACS Associate sponsored by it. G. Capacily Management. The BVWACS Managing Entity may develop a policy for capacity management and submit the policy to the Operating Board for review and approval. This policy shall be reviewed annually by the Operating Board, and updated as needed to ensure Page 1s appropriateness and applicability with cm -rent BVWACS needs and industry standards and practices. H. Withdrawal of Managing Eg ntity_. In the event the current entity ceases to be the BVWACS Managing Entity and the BVWACS Managing Entity is not a BVWACS Party subject to the provisions of Section 173 herein, the Governing Board Members representing three - fourths of the BVWACS Parties shall appoint a replacement BVWACS Managing Entity. Within ten (10) days after receipt of notice of the identity of the replacement BVWACS Managing Entity, the current BVWACS Managing Entity shall: 1) Possession. Transfer control and possession of all BVWACS Infrastructure, BVWACS Improvements including BVWACS real property owned as tenants in common pursuant to this Agreement to the replacement BVWACS Managing Entity; 2) Conveyance of Real Property. Transfer any and all ownership rights it may have to real property acquired pursuant to the terms of this Agreement to the BVWACS Parties; 3) Evidence of Ownership. Provide evidence and documentation adequate to prove ownership of the BVWACS Infrastructure, BVWACS Improvements or real property, including, wherever applicable, transferring all rights, title and interests, including proprietary and intellectual property rights, to enable the replacement BVWACS Managing Entity to manage, upgrade, update, maintain, and operate or to sell, convey or otherwise dispose of the BVWACS Infrastructure, BVWACS Improvements or real property if or when the BVWACS Parties determine that this is appropriate; and 4) Operations and Legal Documents. Transfer the originals of all deeds, 9. Budget. operations manuals, warranties, bills of sale, licenses, leases, titles and other legal documents related to BVWACS Infrastructure, BVWACS Improvements or BVWACS real property to the replacement BVWACS Managing Entity. Page 16 A. Budget Adoption. The Governing Board shall annually approve a draft BVWACS Budget upon the approval of three -fourths of its members in accordance with the timeframes set forth herein and recommend approval of the Budget to the governing bodies of the BVWACS Parties, including approval to appropriate their proportionate share of the BVWACS Budget. All Operating Costs must be included in each annual BVWACS Budget as well as any Capital Costs. The Budget shall include any and all costs relating to employees in implementing and maintaining the BVWACS. If any BVWACS Party does not agree with the draft BVWACS Budget as presented, it must provide the Governing Board with a detailed explanation of its issues with the draft Budget within 34 days after receipt of it. Each member of the Governing Board shall consult with its governing body or appropriate budget review personnel before voting to approve any Budget. B. Annual Operating Costs Budget. The annual Operating Costs shall be allocated among the BVWACS Parties. Participation percentages for contribution to the Operating Costs will be calculated on an annual basis according to the number of registered radio counts each BVWACS Party has on the BVWACS as a percentage of all units on the BVWACS. By January 31st of each calendar year, the BVWACS Manager shall provide a full detailed list of all radios registered in the BVWACS and its associated BVWACS Party. Allocation percentages shall be calculated based solely on each Party's total BVWACS registered radio counts, as maintained by the BVWACS Manager. The BVWACS Manager shall provide preliminary counts of all radios registered in the BVWACS and its associated BVWACS Party to each Party by December 31st of each calendar year. Parties can use the preliminary BVWACS system counts as an opportunity to reconcile and true -up BVWACS registered radio counts prior to the January 31st unit final count. Each year the BVWACS Managing Entity, following and abiding by its budgeting and accounting practices, shall prepare an annual Operating Costs budget ("Operating Budget") on a fiscal year basis and submit this budget to the Operating Board. The Operating Budget must provide for all Operating Costs. The Operating Board shall review and adjust, as needed, the Operating Budget and then submit its recommendation to the Governing Board. The Governing Board shall, no later than May 1st of each year, approve a draft budget and recommend approval of the Page 17 Operating Budget by each BVWACS Party and appropriation of their proportionate share of the Operating Budget in their next Fiscal Year's budget. If budgeted amounts exceed actual expenditures, the Governing Board by majority vote may move the unexpended balances into the BVWACS Capital Fund, or credit the unexpended balances against the budgeted expenditure amounts in the Operating Budget for the next Fiscal Year at each Parties then -current participation level, unless refunded to the Party at such Parry's request. From time to time, participation percentages shall be re-evaluated upon request of a Party using the same procedure set forth herein of recommendation by the Operating Board and determination by the Governing Board as Infrastructure or Improvements are made to BVWACS, as use of the BVWACS changes, or when new information affecting BVWACS becomes available. A BVWACS Party may use its share of BVWACS capacity for its own purposes or may allocate a portion of that share through a BVWACS Associate Interlocal Cooperation Agreement. C. Annual Capital Costs Budget. A Capital Costs budget shall be prepared annually using the same process for adoption as the Annual Operating Costs Budget except that while the Capital Costs budget is prepared annually, the planning period for Capital Costs is five (5) years. Unless otherwise agreed by the BVWACS Parties, Capital Costs shall be shared according to the participation percentages described in Section 9.B.; provided, however, that the Capital Costs that are incurred to benefit only one or more individual BVWACS Parties shall be paid by the BVWACS Parties benefiting from such BVWACS Improvements and Infrastructure. D. - Budgeted Expenditures. After the Budget has been approved and funded by the BVWACS Parties, the BVWACS Managing Entity is authorized to incur costs in accordance with the Budget. Any costs to be incurred in excess of the approved and funded Operating Costs or Capital Costs Budget amounts require additional budget approval and funding, or re- allocation of existing fiends, by the BVWACS Governing Board. The BVWACS Governing Board may approve transfer of funds from the BVWACS Capital Fund to the' Capital Budget to meet an urgent need that was not addressed during the Budget process. Such approval requires the vote of three -fourths of the members of the Governing Board. Page 18 E. Other BVWACS Fees. Fees payable by BVWACS Associates are determined by the terms of their BVWACS Associate Interlocal Cooperation Agreement. Funds received by new Parties are determined in accordance with this Agreement. F. _ Funding Transfers to the Managing Entity. Once each BVWACS Party appropriates its portion of the BVWACS Budget in its annual budgetary process, the Managing Entity shall provide timely and accurate invoices to facilitate the transfer of funds by each BVWACS Party to the Managing Entity, and the Parties shall each comply with the following procedures to facilitate payment by the Managing Entity to the BVWACS vendors and contractors: 1) Quarterly Assessment. At least 60 days prior to the beginning of each Quarter of the Fiscal Year, the BVWACS Managing Entity shall give the Operating Board, for its review, an itemized schedule of the Capital Costs and Operating Costs that are projected to be incurred, and the amount of money projected to be expended, during the next quarter. At least 30 days prior to the beginning of each Quarter, the Managing Entity shall send each BVWACS Party an invoice for its Quarterly Assessment. 2) Approval. Each BVWACS Party must approve or dispute its Quarterly Assessment and provide written notice of any dispute to the BVWACS Managing Entity within 15 business days after receipt of the invoice for the Quarterly Assessment. If a dispute concerning the Quarterly Assessment is not resolved by the time the BVWACS Party is required to remit payment, the matter shall be resolved in accordance with the procedures set forth in Section 21, Dispute Resolution. 3) Payment Instructions. The Managing Entity must provide payment instructions to each BVWACS Party for the transfer of BVWACS Party funds to the Managing Entity. 4) BVWACS Party Funds. Each BVWACS Party must pay its Quarterly Assessment to the Managing Entity no later than 60 calendar days after receipt of an invoice in accordance with the resolution of any dispute about the Quarterly Assessment. Page 19 5) BVWACS Find. The Managing Entity shall establish a separate fiend for BVWACS in its accounting records ("BVWACS Fund") that is dedicated to the administration of the BVWACS. All funds received from BVWACS Parties and other BVWACS revenues, including the capital fund and any interest earned, shall be credited to the BVWACS Fund. All BVWACS obligations shall be debited from the BVWACS Fund. The records for the BVWACS Fund shall be maintained in compliance with generally accepted accounting principles. 6) Accounting. The BVWACS Fund is managed by the Managing Entity in the same manner as the Managing Entity manages fiends held in its depository accounts. Funds associated with the BVWACS, including accrued interest, shall be accounted for separately by the Managing Entity for the benefit of the BVWACS Parties, unless otherwise required by law or this Agreement. 7) Statements. The BVWACS Managing Entity is responsible for providing quarterly statements showing the credits to and debits from the BVWACS Fund, including any income earned, to each Party on or before the 20th day of the first month following the end of such quarter. 8) Pam. Subject to the availability of sufficient funds in the BVWACS Fund, the Managing Entity shall pay BVWACS contractors and vendors in compliance with the Texas Prompt Payment Act. 9) Reports. The BVWACS Managing Entity is responsible for providing each BVWACS Party with a quarterly written financial report on the Budget, including current BVWACS Cost projections for the succeeding quarter. G. Fes. The BVWACS Parties specifically acknowledge that funding for each BVWACS Party's share of the BVWACS Operating Budget and Capital Costs Budget goes through that BVWACS Party's normal budgeting process; and upon approval by its governing body, is payable from current revenue available to each funding BVWACS Party. Purchase, operation and maintenance costs of Subscriber Equipment are the responsibility of each BVWACS Party. Page 20 H. Failure to Appropriate. The failure of a BVWACS Party to appropriate its proportionate share of the BVWACS Budget by the first day of the Fiscal Year for which the Operating Budget and Capital Costs Budget is applicable shall be a material default of such BVWACS Party under this Agreement, and the BVWACS Parties shall follow the procedures for termination of a BVWACS Party set out in this Agreement addressing the effect of breach and default. I. Partial Funding. If any BVWACS Party appropriates less than its proportionate share of Operating Budget and Capital Costs budget for any year, or if any BVWACS Party fails to pay its Quarterly Assessment, (herein called the "Underfunding Party") the other BVWACS Parties, acting through the Governing Board may take one or more of the C- following actions: 1) Suspension of Representation. Remove the Governing Board representation and voting rights for the Underfunding Party. 2) Service Reduction. Reduce the BVWACS 'services being provided to the Underfunding Party. 3) Notice of Underfiinding. Send the Underfunding Party a notice stating the amount of underpayment, which is the difference in the Underfunding Parry's Quarterly Assessment and the amount of funding provided by the Underfunding Party ("Deficiency"). Said Deficiency is an obligation of such Underfunding Party subject to the Prompt Payment Act. Each Underfunding Party agrees that its future right to participate in the BVWACS is dependent upon fully paying its Quarterly Assessments. The Underfunding Party must appropriate and pay the Deficiency and its entire Quarterly Assessment for the remainder of that Fiscal Year. 4) Budget Revision. Amend the BVWACS Operating Budget and Capital Costs budget by reducing costs and/or increasing the amounts paid by the other BVWACS Parties. 5) Termination of Participation. Terminate the Underfunding Party's participation in this Agreement by following the procedure for termination of a BVWACS Party, if the level of funding is deemed by the other BVWACS Parties to be substantially a failure to fund. Page 21 6) Asset Management BVWACS Infrastructure shall be tracked in accordance with standard operating procedures approved by the Operating Board. . These procedures must be consistent with generally accepted accounting principles for property held as tenants in common for one or more of the BVWACS Parties. If any BVWACS Infrastructure needs to be retired, the BVWACS Managing Entity will provide this information to the Operating Board for approval prior to removal. At a minimum, the BVWACS Managing Entity shall provide the asset serial number, asset ID tag (if any), location from which it is to be removed and description of the asset. The asset to be retired shall be disposed as directed by the Governing Board upon receiving the recommendation of the Operating Board. Any funds received from the disposal of the asset shall be credited as revenue in the BVWACS Fund and shown in the next BVWACS Capital budget. These funds are managed in accordance with the provisions of this Agreement. With respect to Infrastructure, Improvements and real property owned by only one or some of the Parties and that is not listed as BVWACS Infrastructure, BVWACS Improvements, or BVWACS real property, right of access, license and use is herein granted by such Parties to all Parties and to the BVWACS Managing Entity as necessary for BVWACS purposes as determined by the Governing Board. With respect to future Infrastructure, Improvements and real property owned by only one or some of the Parties, such Parties agree that all rights of access, use or licenses required to make same apart of the BVWACS shall be granted. No Infrastructure, Improvement or real property owned by only one or some of the Parties may be conveyed to a third party, destroyed or otherwise removed from the BVWACS without giving at least 12 months advance notice. Failure to do so shall be considered a failure to perform substantially such Party or Parties' material obligations under this Agreement, and the provisions of Section 18. (Effect of Breach and Default) shall apply. The Governing Board may determine to file Certificates of Memorandums in the deed records of the county where an asset owned by one or more Parties is located notifying the public regarding BVWACS rights associated with such asset. Page 22 10. A. BVWACS Associates. Procedure for Becoming BVWACS Associate. To use the BVWACS, an entity must be either a BVWACS Party or BVWACS Associate unless special access is granted by three - fourths vote of the members of the Governing Board. Additionally, the Texas Department of Public Safety is hereby granted special access. To become a BVWACS Associate, a BVWACS Party must sponsor the entity. A BVWACS Party may only sponsor BVWACS Associates to the extent that it has a portion of its share of BVWACS capacity that is unused and therefore available to assign. A BVWACS Party may not sponsor any entity unless the entity is eligible to use the BVWACS licensed radio frequencies under FCC rules, regulations and practices.' A BVWACS Party may sponsor one or more entities as BVWACS Associates. BVWACS Parties shall use the following procedure for sponsoring an entity: 1) Share of Capacity. Determine the extent of the BVWACS Parry's share of the BVWACS capacity that is available for assignment to the entity based upon most recent participation level determined using the true -up provisions set forth in Section 93 2) Anticipated Usage. Determine the anticipated usage of the entity to be sponsored based on talk time if available, the number of radios used by the entity and other relevant information as determined by the Governing Board. 3) Compatibility. Determine the compatibility of the Subscriber Equipment used by the entity with the system and the impact of their inclusion in the system based on voice traffic, talk -group needs, and functionality. 4) Associate Agreement ement. Negotiate a BVWACS Associate Interlocai Cooperation Agreement with the prospective BVWACS Associate that includes the Standard Terms and Conditions as well as any other terms and conditions related to payment, term of agreement, nature of the services to be provided, curtailment of services or termination of the authority to continue use of the BVWACS for breach, withdrawal by the entity, and other matters that they desire as long as they are not contrary to or more Page 23 expansive than the Standard Terms and Conditions or the terms and conditions of this Agreement. 5) Report to Board. Present a report to the Operating Board that includes the anticipated usage of the entity, the number of radios or equipment used by the entity, the compatibility of the radios or equipment used by the entity with the system, the number of talkgroups needed and any other information relevant to whether the addition of the entity is likely to cause the BVWACS Party to exceed its share of the BVWACS capacity. 6) Board Approval of Draft Agreement. Present a draft copy of the proposed BVWACS Associate Interlocal Cooperation Agreement to the Operating Board so that it can verify that the agreement contains the Standard Terms and Conditions and is consistent with the terms and conditions of this Agreement. 7) Parties Approval of Associate Agreement. Obtain approval of the BVWACS Associate Interlocal Cooperation Agreement by the governing bodies of the sponsoring Party and the prospective BVWACS Associate to the agreement. B. Operating Board Duties. The Operating Board shall review the report of the BVWACS Party asking to sponsor an entity as a BVWACS Associate and evaluate the following: 1) Impact on current and future BVWACS voice traffic capacity. 2) Impact on current and future BVWACS talkgroup capacity. 3) Impact on overall current and future BVWACS functionality. The Operating Board shall review the proposed BVWACS Associate Interlocal Cooperation Agreement to be entered into by the BVWACS Party asking to sponsor an entity as a BVWACS Associate and determine whether it includes the Standard Terms and Conditions. If the impact on these three aspects of the BVWACS capacity is not likely to result in that BVWACS Party's exceeding its share of the BVWACS capacity or to detrimentally affect the overall current and future functionality of the BVWACS, and the proposed BVWACS Associate Interlocal Cooperation Agreement includes the Standard Terms and Conditions, Page 24 the Operating Board may recommend approval of the request to sponsor the entity to the Governing Board. C. Association Interlocal Cooperation Agreements Approval. The Governing Board must approve all BVWACS Association Interlocal Cooperation Agreements before such prospective BVWACS Associate may access or use the BVWACS. D. Capacity for Sponsoring BVWACS_ Associates. Initially, a BVWACS Party's share of the capacity of the BVWACS is based on the participation percentages calculated as described inSection 9.B. Two years after system acceptance of the BVWACS or when adequate information is available, whichever occurs first, BVWACS capacity is based on the capacity management process recommended by the Operating Board and approved by the Governing Board. The share of capacity used may be adjusted as Infrastructure or Improvements are made to BVWACS. A BVWACS Party may use its share of BVWACS capacity for its own purposes or'may allocate a portion of that share through a BVWACS Associate Interlocal Cooperation Agreement. In no event shall sponsoring a BVWACS Associate cause alteration to the Participation Table set forth in Exhibit A, if and as amended as described in Section 9.B. E. Financial Effect of Sponsoring BVWACS Associate. When a BVWACS Party. authorizes another entity to use a portion of its share of BVWACS capacity, that BVWACS Party remains responsible for full payment of its entire cost share of the BVWACS. F. Sponsor's Control of BVWACS Associate's Access to BVWACS. If a BVWACS Party requests that the BVWACS System Manager disable all or part of the services available to a BVWACS Associate sponsored by that BVWACS Party, the BVWACS System Manager shall comply with these requests and disable the portion of the services available to a BVWACS Associate requested by the BVWACS Party as soon as practicable. G. Responsibility for Subscriber Equipment. BVWACS Associates are responsible for purchasing and providing their own Subscriber Equipment to be used on the BVWACS. The purchase of Subscriber Equipment shall be coordinated with the BVWACS Managing Entity. H. Additional Units. BVWACS Associates are not allowed to add units to the BVWACS without approval from their sponsoring BVWACS Party. Page 25 I. Changes to Operations. Each BVWACS Party that has sponsored BVWACS Associates is responsible for informing the BVWACS Associates of changes in BVWACS Standard Operating Procedures. 11. New BVWACS Parties. A. New Parties to BVWACS. From time to time, entities may join the BVWACS as full Parties. Entities desiring to join the BVWACS as full Parties shall petition the current Parties for membership in accordance with the terms herein. B. Contents of Petition. An entity desiring to join BVWACS shall submit a petition. At a minimum, a petition to join BVWACS as a Party shall include the following: 1) Area to be Served. A description of the area to be covered and a description of how the Service Area will be affected; 2) Proposed Subscriber Equipment. The type of Subscriber Equipment proposed to use the BVWACS, including the approximate number of units to be added, talk groups and talk time; 3) Infrastnucture, Improvements, Funds and Real Property. A description of any Infrastructure, Improvements, funds or real property that will be made available to the BVWACS to offset costs associated with system expansion; and a description of how this will affect the BVWACS and the current Service Area; and 4) Share of Capacity. Provide an estimate of the requested capacity desired, including the anticipated type and amount of usage based on talk time, talk group needs and other relevant factors as determined by the Governing Board. C. Procedure. The following procedure shall be followed when petitioning to become a Party. 1) Submit Petition. An entity desiring to become a Party to the BVWACS shall petition the Governing Board through the BVWACS Managing Entity who will then review such petition for completeness as well as content. The BVWACS Managing Entity shall forward the petition to the Operating Board for recommendation by the Operating Board within 30 days from submission of such petition. Page 26 E. 2) Operating Board. The Operating Board shall review the petition of the submitting entity and make its recommendation to the Governing Board within 60 days from the date of submission of such petition. The Operating Board shall evaluate the petition based upon the following: a. Whether the addition of petitioner as a Parry will have an adverse impact on the current and future needs of the existing Parties, on the Service Area and on BVWACS as a whole; and b. Whether the addition of petitioner as a Party is consistent with the goals and objectives of BVWACS as set forth in this Agreement. 3) Governing Board. The petitioner may negotiate an amendment to this Agreement relating to its inclusion as a Parry. The Governing Board will consider the request and the recommendation of the Operating Board within ninety (90) days from the date of submission of the petition and approve, deny or request additional information needed to consider the -request. Adding a new Party to this Agreement shall be considered an amendment subject to the terms and conditions for approval of amendments set forth in Section 6 above. The Governing Board will also determine if the petitioner will be required to make a capital contribution towards construction or improvement to the system. Such contribution may be in the form of a reimbursement for prospective construction or improvements to the system. D. Participation Level. A BVWACS Parry's share of the capacity of the BVWACS is , based on the participation percentages calculated as described in Section 9.B.. Addition of new Parties will require reevaluation and possible alteration of the participation percentages. The Operating Board will provide preliminary recommended participation percentages based on the new Party joining BVWACS at the time it reviews the petition. The Governing Board shall then review such recommendation and determine whether such participation percentages should be modified. Such determination must be approved by three -fourth of the members of . the Governing Board. Obligations of New BVWACS Parties. When a new BVWACS Party is authorized by the Governing Board, the participation percentages determined above will establish the Annual Page 27 ..1 Assessment for the new Party. Once the new Party is approved for membership, that Party assumes responsibility for its Annual Assessment and all other obligations as a Party to this Agreement. New BVWACS Parties are responsible for purchasing and providing their own Subscriber Equipment to be used on the BVWACS. The purchase of Subscriber Equipment shall be coordinated with the BVWACS Managing Entity. 12. Accounting Records. The BVWACS Managing Entity maintains accounting records in accordance with generally accepted accounting standards applicable to governmental entities, including compliance with federal guidelines for spending federal fiords or bond proceeds. The BVWACS Managing Entity shall ensure that records pertaining to the BVWACS shall be kept in accordance with the records retention policy of the Managing Entity and in accordance with the Open Records Act. At any reasonable time, upon three (3) business days prior written notice, any BVWACS Party may inspect, copy, examine, and/or audit the BVWACS records, at that BVWACS Party's expense, at the office of the BVWACS Managing Entity, or any other mutually acceptable location. 13. Contracting Authority. Except for real estate transactions, the BVWACS Parties hereby grant such BVWACS Managing Entity the authority to contract on behalf of the BVWACS Parties for acquisitions and services that have been approved in the annual BVWACS Budget or as otherwise approved by the Governing Board, so long as the contracted amount is within the budgeted amount and the payments are made from available funds, using the BVWACS Managing Entity's standard purchasing processes, unless expenditure of federal funds or bond proceeds requires use of additional procedures or guidelines. Procurements shall be made in accordance with the laws applicable to such entity. These contracts shall be administered by the BVWACS Managing Entity. 14. Federal Funds and Bond Funds. Page 28 If a BVWACS Party utilizes federal funds, grant funds, or bond funds to meet a portion of their financial commitment under this Agreement, the BVWACS Parties agree to conduct all procurements, maintain all records and otherwise conduct their activities in furtherance of this Agreement so as to comply with all applicable statutes, regulations, policies and grant contract provisions necessary to qualify the BVWACS expenditures contemplated for federal or grant program reimbursement and to avoid arbitrage penalties. Further, the BVWACS Parties agree to cooperate with each other in the application for and administration of federal funds, grant funds, or bond; funds to maximize funding participation in the operation and maintenance of the BVWACS. By October 1 of each year each BVWACS Party using federal funds, grant funds, or bond funds to meet a portion of its annual financial commitment shall notify the BVWACS Managing Entity. 15. BVWACS Performance. The Operating Board shall take such action as may be necessary for assuring that Subscriber Equipment configuration changes or additions do not adversely affect the performance of the BVWACS. The Operating Board may utilize the system assessment services of the BVWACS Support Vendor or other qualified contractor to determine the impact of adding Subscriber Equipment to the BVWACS. The Operating Board may develop policies involving the BVWACS Support Vendor that provide a review process prior to implementing any Subscriber Equipment system configuration changes requested or made by BVWACS Parties. BVWACS Parties shall not take any action that is known or ought to be known to affect the operation of the BVWACS adversely and shall reverse any action taken that affects the operation of the BVWACS adversely. BVWACS Parties shall not change the configuration of their program or template in a way that is kriown or ought to be known to affect the operation of the BVWACS adversely and shall reverse any change in the configuration of their program or template that affects the operation of the BVWACS adversely. 16. Dissolution of BVWACS. A. Dissolution of BVWACS. This Agreement may be voluntarily dissolved before the end of the term if three -fourths of the governing bodies of the BVWACS Parties agree in writing to provide for a dissolution date. The dissolution date shall not be less than twelve (12) Page 29 months after these BVWACS Parties have executed the agreement to dissolve the BVWACS unless all BVWACS Parties agree to an earlier dissolution date. B. Distribution of Assets. If the BVWACS is dissolved either by agreement or at the end of the final term, the assets of the BVWACS shall be equitably distributed among the BVWACS Parties. The BVWACS Parties shall agree on which BVWACS Party receives which assets in the distribution. An agreement for distribution of assets of the BVWACS shall be effective after approval by three -fourths of the governing bodies of the BVWACS Parties. The manner of distribution shall consider and be consistent with -the following factors: 1) Participation Level. The BVWACS Party's share of the Capital Costs for Infrastructure and Improvements to the BVWACS and the BVWACS Parry's participation level as stated in Exhibit A, if and as amended as described in Section 9.B.; 2) Asset Value. The value of the assets on the dissolution date; 3) Manner of Acquisition. The basis on which the asset was acquired, whether the asset a. Was already owned by a Party; b. Was acquired jointly by all BVWACS Parties or c. Was acquired by only one or some of the BVWACS Parties; 4) Early Termination. Whether and, if so, when the BVWACS Party terminated its participation in BVWACS before the dissolution of the BVWACS; and 5) Utility of Asset. The usefulness of the asset to the BVWACS Party receiving it. C. The BVWACS Party to which an asset is distributed shall also be provided evidence and documentation adequate to prove ownership of that asset, including, wherever applicable, transfer of all rights, title and interests, including proprietary and intellectual property rights, to enable that BVWACS Party to upgrade, update, operate, and maintain it or to sell, convey or otherwise dispose of it and the originals of all operations manuals, warranties, bills of sale, licenses, leases, titles and other legal documents related to that asset. Page 30 17. Withdrawal of a BVWACS Party. A. Notice of Withdrawal. A BVWACS Party may withdraw from this Agreement and terminate its participation in BVWACS at any time by giving at least twelve (12) months prior written notice to the Remaining Parties. The Termination Date shall not be earlier than twelve months after notice is given unless three -fourths of the members of the Remaining Parties agree otherwise. The Withdrawing Party must continue to fund its Annual Assessment through the Termination Date, and if it does so, the Withdrawing Party may continue to participate in the BVWACS until its Termination Date. The portion of the Budget allocated to a Withdrawing Party after receipt of the notice of withdrawal may be reduced by the agreement of three -fourths of the members of the Remaining Parties. B. Withdrawal of Managing Entity. In the event the BVWACS Managing Entity is a party to this Agreement and such Party withdraws from the BVWACS, the Governing Board Members representing three -fourths of the members of the Remaining Parties shall appoint a replacement BVWACS Managing Entity. Within ten (10) days after receipt of notice of the identity of the replacement BVWACS Managing Entity, the Withdrawing BVWACS Party that is the BVWACS Managing Entity shall: 1) Possession. Transfer control and possession of all BVWACS Infrastructure, BVWACS Improvements including BVWACS real property owned as tenants in common pursuant to this Agreement to the replacement BVWACS Managing Entity. 2) Conveyance of Real Property. Transfer any and all ownership rights it may have to real property acquired pursuant to the terms of this Agreement to the Remaining Parries. 3) Evidence of Ownership. Provide evidence and documentation adequate to prove ownership of the BVWACS Infrastructure, BVWACS Improvements or real property, including, wherever applicable, transferring all rights, title and interests, including proprietary and intellectual property rights, to enable the replacement BVWACS Managing Entity to manage, upgrade, update, maintain, and operate or to sell, convey or otherwise dispose of the BVWACS Infrastructure, BVWACS Improvements or real property if or when the Remaining Parties determine that this is appropriate, and Page 31 4) Operations and Legal_ Documents. Transfer the originals of all deeds, operations manuals, warranties, bills of sale, licenses, leases, titles and other legal documents related to BVWACS Infrastructure, BVWACS Improvements or BVWACS real property to the replacement BVWACS Managing Entity. C. Disposition of BVWACS Value of Withdrawing_Party_. All right, title, and interest in and to the Withdrawing Party's BVWACS Value may be dealt with in one of two ways: 1) sale and assignment by Withdrawing Party; or 2) determination of valuation and disposition of Withdrawing Parry's BVWACS Value by Remaining Parties. In either event, all rights of access, licenses and use to such Withdrawing Parry's assets comprising a part of the BVWACS remain in place during the withdrawal process. 1) Sale and Assignment by Withdrawing Party. The Withdrawing Party shall offer its BVWACS Value to the Remaining Parties. If none of the Remaining Parties accept the offer within sixty (60) days after receipt of the offer, the Withdrawing Party may sell its BVWACS Value to one or more entities approved by all of the Remaining Parties if the entity or entities enter into an assignment of this Agreement from the Withdrawing Party and accept the duties and obligations of the Withdrawing Party under this Agreement as its or their own duties and obligations. The assignee, if other than a Remaining Party, shall also obtain the rights of the Withdrawing Party under the BVWACS Agreement, including one representative on the Governing Board and one representative on the Operating Board. After the assignment, the BVWACS Agreement shall be construed as if the assignee were listed in the definition of BVWACS Parties. If the Withdrawing Party has an offer to purchase its BVWACS Value from an entity but all of the Remaining Parties do not approve that entity as a reasonable replacement for the Withdrawing Party, the Remaining Parties shall compensate the Withdrawing Party for its BVWACS Value in proportion to their Annual Assessment of BVWACS and obtain a proportionate share of the Withdrawing Parry's BVWACS Value. Page 32 2) Determination of Value by Remaining Parties. If the Withdrawing Party does not give the Remaining Parties notice that, it is exercising its rights under 17.C.1. at least six (6) months before the Termination Date, no later than the Termination Date the Remaining Parties must fairly determine what the Withdrawing Party's BVWACS Value is at the Termination Date. If the Withdrawing Parry and the Remaining Parties are unable to agree on the BVWACS Value, an accounting shall be performed by a panel of three persons. The Remaining Parties shall select one person to represent them on the panel. The Withdrawing Party shall select another person to represent it on the panel. The two persons selected shall select a third person to complete the panel and the accounting. If an accounting is performed, it shall be the basis for determining BVWACS Value for the Withdrawing Party. One-half of the cost of this panel shall be borne by the Withdrawing Party and one-half of the cost of this panel shall be borne by theRemaining Parties. 3) Disposition by Remaining Parties. When the BVWACS Value is determined, the Remaining Parties shall determine how to disburse the ownership of the BVWACS Value of the Withdrawing Party. The. Remaining Parties shall consider at least the following options: a. New Party. Find another entity to compensate the Withdrawing Party for its BVWACS Value, assume ownership of the Withdrawing Party's BVWACS Value and assume its obligations and rights under the BVWACS Agreement; b. Share Value. Divide the Withdrawing Party's BVWACS Value proportionally among the Remaining Parties, compensate the Withdrawing Party for its BVWACS Value, and provide for a proportional increase in Annual Assessment; c. Single or some of BVWACS Parties. Allow one or only some of the Remaining Parties to compensate the Withdrawing Party for its BVWACS Value, assume ownership of the Withdrawing Party's Page 33 BVWACS Value with a corresponding increase in Annual Assessment; or d. Ownership without Use. Require the Withdrawing Party to retain ownership of its BVWACS Value but forfeit its use of the BVWACS and representation on the Governing Board and Operating Board unless and until the Withdrawing Party pays what its accrued share of the systems operations costs from the Termination Date to the end of the then current Budget Year would have been if it had not withdrawn. D. Exclusion of Withdrawing Party's Votes. The Withdrawing Party and its vote on the Governing Board shall be excluded in determining the votes needed for the Remaining Parties to make a decision about the disposition of the Withdrawing Parry's BVWACS Value after the Termination Date. E. Disposition of BVWACS Value by Remaining Parties. If the Remaining Parties select the ownership alternative in 17.C.3.b, or 17.C.3.c the Remaining Parties shall provide for payment of the Withdrawing Party's BVWACS Value in the fiscal year following the fiscal year of the Termination Date. F. Effect of Disposition on Membership in Governing. If the Remaining Parties select the option in 17.C.2 or 17.C.3.3 and Withdrawing Party's BVWACS Value is divided among the Remaining Parties or assumed by one or only some of the Remaining Parties, the representation of these BVWACS Parties on the Governing Board shall not be increased. G. Depreciation of BVWACS Value. If the Withdrawing Party retains its BVWACS Value, the portion of the value that relates to depreciable assets shall be reduced annually on a declining balance method over the useable life of the asset as long as the depreciable assets that form part of the BVWACS Value are owned by one or more of the Remaining Parties. The portion of the BVWACS Value that relates to non -depreciable assets shall remain unchanged. 1.8. Effect of Breach and Default. A. Events of Breach. Breach results from any of the following: Page 34 1) Payment. A BVWACS Party's failure to appropriate or pay its Annual Assessment timely; 2) FCC Rules. Violation of FCC rules and regulations by a BVWACS Party or any BVWACS Associate with which it has entered into a BVWACS Associate Interlocal Cooperation Agreement; 3) Policies and Procedures. Individual or repeated violations of approved written policies and procedures by a BVWACS Party or any BVWACS Associate with which it has entered into a BVWACS Associate Interlocal Cooperation Agreement; 4) In=ropriate Use. Inappropriate use of the BVWACS by a BVWACS Party or any BVWACS Associate with which it has entered into a BVWACS Associate Interlocal Cooperation Agreement; 5) Penalty Payment. Failure to pay FCC penalties or fines resulting from the actions of a BVWACS Party or any BVWACS Associate with which it has entered into a BVWACS Associate Interlocal Cooperation Agreement; 6) Improper Disposition of Assets or Interest. Disposing of assets owned by only one or some of the Parties in contravention of the provisions of this Agreement, or failure to follow the required process set forth in this Agreement of divesting a Party's interest in a BVWACS Improvement, BVWACS Infrastructure or BVWACS real property; 7) Adverse Impact. Any other action or omission that has a material adverse impact on the operation and maintenance of BVWACS; or 8) Substantial Performance. Failure to perform substantially its material obligations other than failure to appropriate or timely pay its Annual Assessment. B. Breach for Non -Payment. The decision to exercise rights granted by this subsection 183. shall be made by the Governing Board. If any BVWACS Party commits the breach described in 18.A.1, the Governing Board may determine to deliver a written notice of breach to the BVWACS Party that specifies the nature of the breach and indicates that unless the breach is cured within thirty (34) days, additional steps shall be taken. A breach described in 18.A.1 can only be cured by paying that Annual Assessment. If the breaching Page 35 BVWACS Party does not cure that breach within thirty (30) days of receiving the written notice of breach, the breaching BVWACS Party is in default and the Governing Board shall deliver a written notice of default to the BVWACS Party that specifies the fallowing: 1) The nature of the default; 2) The date of the notice of breach; 3) The failure of the breaching BVWACS Party to cure timely; and 4) The BVWACS Party's interest in the BVWACS is terminated no later than 60 days from the date of the written notice of breach if the termination is approved by all of the BVWACS Remaining Parties unless the default is cured by the defaulting BVWACS Party paying that Annual Assessment within an additional thirty (30) days from the date of default as referenced in 1 S.A.1 above for a total of sixty (60) days from the date of default unless the Governing Board approves a longer timeframe. C. Suspension for Other Breaches. If any BVWACS Party commits a breach described in 18.A.2 through 18.A.8 or a breach described in 18.A.2 through 18.A.8 involving use of any radio or other equipment accessing the BVWACS under the authority of a BVWACS Party, the Governing Board may suspend the right of that BVWACS Party to use the BVWACS for that radio or equipment or for any other radio or equipment for a period of time adequate to cure the breach and determine whether additional remedies are needed. D. Notice of Breach, Default, and Termination For Other Breaches. The decision to exercise rights granted by this subsection 18.D. shall be made by the Governing Board. If any BVWACS Party commits a breach described in 18.A.2 through 18.A.8, the Governing Board may deliver a written notice of breach to the BVWACS Party that specifies the nature of the breach and indicates that unless the breach is cured within thirty (30) days, additional steps shall be taken. If the breaching BVWACS Party begins to cure the breach within the thirty (30) day period, the thirty (30) day cure period is extended as long as the breaching BVWACS Party continues to prosecute a cure diligently to completion and is making a good faith effort to cure the breach. If the breaching BVWACS Party does not cure the breach within thirty (30) days of receiving the written notice of breach or additional period as extended by diligent prosecution of a good faith effort to cure the Page 36 E. breach, the breaching BVWACS Party is in default and the Governing Board shall deliver a written notice of default to the BVWACS Party which specifies the following: 1) The nature of the default; 2) The date of the notice of breach; 3) The failure of the breaching BVWACS Parry to cure timely; and 4) The BVWACS Party's interest in the BVWACS is terminated on the effective date stated in the notice if the termination is approved by all of the BVWACS Remaining Parties unless the default is cured within thirty (30) days of the notice of default. Disposition of BVWACS Value. The Remaining Parties shall determine as to how the Terminated Party's BVWACS Value shall be disposed. The Remaining Parties have ninety (90) days after the date that termination is effective to determine the value and disposition of the Terminated Party's BVWACS Value. The Remaining Parties may seek an agreement with the Terminated Party about its BVWACS Value. If the Terminated Party and the Remaining Parties are unable to agree on the Terminated Party's BVWACS Value, they shall use the method for determination of value in section 17.C. as if the Terminated Party were a Withdrawing Party. When the BVWACS Value is determined, the Remaining Parties shall determine how the ownership of the BVWACS Values is to be disposed. The Remaining Parties shall consider at least the following ownership alternatives for the BVWACS Value of the Terminated Party: 1} New Party. Find another entity to compensate the Terminated Party for its BVWACS Value, assume the ownership of the Terminated Party's BVWACS Value, and assume its obligations and rights under the BVWACS Agreement; 2) Share Value. Divide the Terminated Party's BVWACS Value proportionally among the Remaining Parties so that the Remaining Parties can each compensate the Terminated Party for their share of the BVWACS Value and pay a proportional increase in Annual Assessment in the fiscal year following the fiscal year in which the default last occurred; 3) One or More BVWACS Parties. Allow one or more Remaining Parties to compensate the Terminated Party for its BVWACS Value and assume Page 37 ownership of the Terminated Party's BVWACS Value with a corresponding increase in Annual Assessment; or 4) Ownership without Use. Require the Terminated Party to retain the ownership of its BVWACS Value but forfeit its use of the BVWACS and representation on the Governing Board and Operating Board and annually reduce its BVWACS Value by twenty per cent (20%) of the original BVWACS Value so that the Terminated Party has no BVWACS Value remaining after five (5) years. The Terminated Party would transfer the reduction in value among the Remaining Parties each of such five (5) years proportionally based on the Remaining Parties' respective participation level during the year such distribution is made. F. Exclusion of Terminated Party's Votes. The Terminated Party and its vote on the Governing Board shall be excluded in determining the votes needed for the BVWACS Remaining Parties to make a decision about the disposition of the Terminated Party's BVWACS Value after the date that termination is effective. G. Effect of Termination on Representation on Governing Board. If the Terminated Party's BVWACS Value is divided among the Remaining Parties or assumed by only one or some of the Remaining Parties, the representation of these BVWACS Parties on the Governing Board shall not be increased. 19. Effect of Withdrawal or Termination on Remaining Parties. Termination or withdrawal of a BVWACS Party has no effect on a Remaining Party's rights to participate in the BVWACS other than the specific rights and duties set out in this Agreement, and the continuing duty of all Remaining Parties to pay their Annual Assessment. 20. FCC Licenses. Termination or withdrawal of any Party from the BVWACS shall include the surrender to the Remaining Parties any and all of that BVWACS Party's radio frequency licenses that were licensed for the purpose of implementing the BVWACS. The Remaining Parties shall determine whether to request reassignment of the license to another BVWACS Party or surrender these licenses to the Federal Communications Commission (FCC). The Remaining Parties are Page 38 responsible for complying with all rules and regulations of the FCC related to reassignment and surrender of these licenses. Notwithstanding the above, licenses held, managed and owned by only one or some of the Parties as the exclusive license of such Party or Parties at the time of termination or withdrawal are not subject to the provisions of this section. 21. Dispute Resolution Process. A. Cooperation. All BVWACS Parties are encouraged to work together to resolve all disputes prior to invoking the dispute resolution process set forth herein. B. Hearing by Operating Board. Any BVWACS Party that has an issue or dispute relating to the BVWACS may request a hearing before the Operating Board. The Operating Board shall hear such matter after requesting information regarding such dispute or issue from such BVWACS Party and from the BVWACS Managing Entity. The Operating Board shall then hold a hearing and render its decision in writing. C. Appeal to Governing Board. A BVWACS Party that is adversely affected by the Operating Board's decision may appeal such decision to the Governing Board, which may elect to hear the appeal or refer the matter to mediation. D. Withdrawal of Dispute. A dispute may be withdrawn at any time during the Dispute Resolution process. E. Timeframes: 1) Initial Dispute Hearing. Any BVWACS Party may bring an issue or dispute to the Chair of the Operating Board. The Chair must schedule a meeting of the Operating Board within (15) fifteen business days of receipt of the notice and provide a written determination to the appropriate BVWACS Parties and to the BVWACS Managing Entity within (5) five business days after the hearing. Any appeal of the decision or recommendation of the Operating Board is to the Governing Board. 2) Appeal to Governing Board. Any appeal from the decision of the Operating Board must be made by delivery of written notice of appeal to the BVWACS Managing Entity and Governing Board within (15) fifteen business days after receipt of the Operating Board's decision or recommendation. The Governing Board may meet to hear the appeal or Page 39 may elect to send the appeal to mediation. The Governing Board, assisted by the BVWACS Managing Entity, either schedules a hearing or sends the appeal to mediation within (25) twenty-five business days of receipt of the notice of the appeal. Any appeal from the Governing Board's recommendation is to a mediator as described below. 3) Mediation. If the Governing Board refers a dispute to mediation, the parties to the dispute shall select, within thirty (30) days, a mediator trained in mediation skills to assist with resolution of the dispute. The parties to the dispute agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Agreement prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) days after the Governing Board refers the dispute to mediation, the mediator shall be selected by mutual agreement. If that is not possible, by the Dispute Resolution Center of the Brazos Valley or a mutually agreeable mediation center. The parties agree to participate in mediation sessions in good faith for a period of up to thirty (30) days from the date of the first mediation session. Notice of the date, time, and location of the mediation shall be given to the BVWACS Managing Entity, which may attend. The parties to the dispute shall share the costs of mediation equally. If efforts to mediate the dispute are unsuccessful, the parties to the dispute shall then be free to exercise all available rights and remedies under this Agreement, or at law or in equity. 4) Application of Government Code, chapter 2260. To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement, is not inconsistent with the process set forth above, and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used in disputes involving Texas A & M University that cannot be resolved in the ordinary course of business. The designated Page 40 officers of Texas A & M University, as applicable, shall examine the claim and any counterclaim and negotiate with the claimant in an effort to resolve such claims. The BVWACS Parties specifically agree that a. Neither the execution of this Agreement by Texas A & M University nor any other conduct, action or inaction of any representative of Texas A & M University relating to this Agreement constitutes or is intended to constitute a waiver of Texas A & M University's or the state's sovereign immunity to suit; and b. Texas A & M University has not waived its right to seek redress in the courts. 22. Miscellaneous. A. Interlocal Agreement. This Agreement is an Interlocal Agreement authorized and governed by the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. Each BVWACS Party agrees that in the performance of its respective obligations as set forth in this Agreement, it is carrying out a duly authorized governmental function, which it is authorized to perform individually under the applicable statutes of the State of Texas and/or its charter. Each BVWACS Party agrees that the compensation to be made to the other BVWACS Parties as set forth in this Agreement is in an amount intended to fairly compensate each performing BVWACS Party for the services or functions it provides hereunder, and is made from current revenues available to the paying BVWACS Party. Where applicable, this Interlocal Agreement shall be administered in accordance with the laws applicable to a home -rule municipality. B. Immunity as a Defense. No BVWACS Party has agreed to waive any defense, right, immunity, or other protection under law including any statutory provision, by entering into this Agreement or otherwise participating in the BVWACS. C. Retention of Defenses. The Parties agree that neither this Agreement nor the operation or use of the BVWACS by the BVWACS Parties affect, impair, or limit their respective Page 41 immunities and limitations of liability to the claims of third parties, including claims predicated on premises defects. D. Notices. Notices required under this Agreement must be in writing and delivered personally or sent by certified US Mail, postage prepaid, addressed to such BVWACS Party at the following respective addresses: City: City of Bryan Attention: City Manager, with a copy to the City Attorney P. O. Box 1000 Bryan, TX 77805 City: City of College Station Attention: City Manager, with a copy to the City Attorney PO Box 9960 College Station, TX 77842 City: City of Brenham Attention: City Manager, with a copy to the City Attorney 200 West Vulcan Street PO Box 1059 Brenham, TX 77834 County: Brazos County Attention: County Judge, with a copy to County Attorney 200 S. Texas Avenue Suite 332 Bryan, TX 77803 County: Burleson County Attention: County Judge, with a copy to County Attorney 100 W. Buck #306 Caldwell TX 77836 County: Madison County Attention: County Judge, with a copy to County Attorney Page 42 I 103 West Trinity, Suite 113 Madisonville TX 77864 County: Washington County Attention: County Judge, with a copy to County Attorney 100 East Main Street Suite 104 Brenham, TX 77833 County: Grimes County Attention: County Judge, with a copy to County Attorney 100 Main Street Anderson, TX 77830 Texas A & M University: Texas A & M University Attention: Vice President and Associate Provost For Information Technology and Chief Information Officer 1365 TAMU College Station, TX 77843-1365 All notices so given are deemed given on the date so delivered or so deposited in the US Mail. All BVWACS Parties may change their address by sending written notice of such change to the other Parties in the manner provided for above. E. Assignment. This Agreement being based upon the special qualifications of each BVWACS Party, any assignment or other transfer of this Agreement or any part hereof without the express consent in writing of the other Parties is void and has no effect, which consent shall not be unreasonably withheld. F. Entire Agreement. The entire agreement among the BVWACS Parties is contained herein and no change in or modification, termination, or discharge of this Agreement in any form whatsoever is valid or enforceable unless it is in writing and signed by duly authorized representatives of all Parties. G. Prior Agreements. This Agreement supersedes any and all prior agreements regarding this subject that may have previously been made. The subject of this Agreement is the construction, acquisition, implementation, operation and maintenance of the BVWACS. Page 43 H. Severability. If any term or provision of this Agreement is, to any extent, rendered invalid or unenforceable, the remainder of this Agreement is not affected, and each other term and provision of this Agreement remains valid and enforceable to the fullest extent permitted by law. I. Non -waiver. Failure of a BVWACS Party to exercise any right or remedy for a breach or default of any other BVWACS Party does not waive such right or remedy for that breach or default or in the event of a subsequent breach or default. J. Authority of Signatories. Each BVWACS Party represents to all the other BVWACS Parties that the representative signing this Agreement on any BVWACS Party's behalf has been duly authorized by the governing body of that BVWACS Party in compliance with Texas law. K. Further Assurances. Each BVWACS Party agrees to perform all other acts and execute and deliver all other documents as may be necessary or appropriate to carry out the intent and purposes of this Agreement. L. Exhibits. The Exhibits, which are attached hereto and described below, are incorporated herein and made a part hereof for all purposes. M. Counterparts and Multiple Orin This Agreement is effective as of the Effective Date set forth in this Agreement. This Agreement may be executed simultaneously in one or several counterparts, each of which is deemed to be an original and all of which together constitute one and the same instnument. The terms of this Agreement become binding upon each BVWACS Party from and after the time that it is executed by all BVWACS Parties. The' counterparts may be signed in multiple originals to allow each BVWACS Party to have an originally signed counterpart for each BVWACS Party. The Agreement has been executed in multiple originals, each having equal force and effect, on behalf of the Parties. Exhibit List: Exhibit A — BVWACS Architecture Exhibit B — Service Area map Exhibit C — BVWACS Associate Standard Terms and Conditions Exhibit D — Goals and Objectives Exhibit E = Monthly, Quarterly, and Annual Evaluation Factors Page 44 Exhibit F — Governance, Operation, and Maintenance Flow Chart and Distribution of Board Membership Exhibit G —Staffing for BVWACS Program Page .45 GRIMMS COUNTY County Judge Page 46 Date: BURLESON COUNTY County Judge Page 47 Date: MADISON COUNTY County Judge Page 48 Date: CITY OF BRYAN ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney Page 49 Date: Date: Date: CITY OF COLLEGE STATION Mayor ATTEST: Date: Date: City Secretary APPROVED: Date: City Manager Date: City Attorney Date: Assistant City Manager / CFO Page 50 CITY OF BRENHAM ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney Page 51 Date: Date: Date: BRAZOS COUNTY COMMISSIONERS COURT ATTEST County Judge County Clerk Date: C' I a L0 r °& Date: aU t @Z-3 APPRQVED AST ORM Date: vcmeP L- CouWrEL Page 52 WASHINGTON COUNTY County Judge Page 53 Date: TEXAS A & M UNIVERSITY Executive Vice President and Chief Financial Officer Page 54 Date: THIRD RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM BVWACS Architecture Exhibit A Each of the BVWACS parties will continue to contribute existing infrastructure, and real property currently owned or leased by the parties for the purpose set forth in the Agreement. The infrastructure and real property contributed by each of the parties at the execution of the Agreement is as follows: City of College Station Access to RF Site at 2700 Switch Station Rd in College Station TX Access to Console Site 800 Krenek Tap Rd in College Station TX Access to Console Site at 1601 GrahamlRd in College Station TX Network connectivity for the following RF and Console Sites to the RNI College Station RF Site College Station Console Site City of Bryan Access to secure 31d floor equipment space at 101 Regent Street for RF and Console Site Network connectivity for the following RF and Console Sites to the RNI Millican RF Site Verizon RF Site Bryan Console Site City of Bryan Fire Station #4 Brazos County Access to RF Site at 21550 Kathy Fleming Rd in Millican TX Access to RF Site at 8538 Deep Well Road in Brazos County, including tower lease Page 55 Texas A&M University Access to RF Site at 570 Floriculture Rd in College Station TX Access to Console Site at 1111 Research Pkwy in College Station TX Access to Console Site at 311 Houston Street in College Station TX Network connectivity for the following RF and Console.Sites to the RNI Hensel Park RF Site TAMU Console Site City of Brenham Access to RF Site at 1802 Longwood Dr in Brenham TX Network connectivity for the following RF and Console Sites to the RNI Brenham RF Site Brenham (Washington County) Console Site (Via City Network) Washington County Access to RF Site at 3610 FM 1697 in Burton TX Access to RF Site at 7275 Lone Star Rd in Washington TX Access to Console Site at 301 N Baylor St in Brenham TX Grimes County Access to RF Site at 382 FM 149 West in Anderson TX Access to RF Site at the Bedias Wastewater Facility in Bedias TX Burleson County Access to RF Site at 367 CR 103 in Caldwell TX Madison County Access to RF Site at 101 E. Collard St in Madisonville TX Access to RF Site at 7442 Gin Rd in Midway TX Texas Department of Public Safety (Information Only) Under separate agreement, provide microwave link between the North Brazos RF site and the Texas DPS radio tower located in Bryan TX Under separate agreement, provide microwave link between the Texas DPS radio tower located in Bryan TX and the City of Bryan Fire Station #4 Page i 56 B_ Network connectivity for all BVWACS RF and Dispatch Sites to the RNI Master Sites Burton RF Site microwave link to Brenham RF Site Washington RF Site microwave link to Brenham RF Site Anderson RF Site microwave link to.Millican RF -Site Bedias RF Site microwave link to Walker West RF Site Midway RF Site microwave link to Madisonville RF Site Madisonville RF Site microwave link to Bedias RF Site Caldwell RF Site microwave link to St Joseph Hospital Caldwell BVCOG Fiber link from St Joseph Hospital Caldwell to BVCOG CRS BVCOG Fiber link from Bedias RF Site to BVCOG CRS BVCOG Fiber link from BVCOG CRS to Brenham TX Public Safety Interoperability Communications (PSIC) grant The PSIC Grant provided the necessary equipment and racks (consisting of base radios, site controller and radio frequency distribution system), antennas and associated wiring located at each of seven sites, as well as operator consoles replacement/upgrade for the parties as shown below: Item/Site Description Network Connectivity Leased connectivity to connect all the sites together Bryan Brazos County Includes 700/800 MHz Multicast Base equipment with racks (6 Site chls) , Xmit & Rcv antennas and coax College Station Site Includes 700/800 MHz Multicast Base equipment with racks (12 chls), Xmit & Rcv antennas and coax College Station Console Sys As shown in Table 2 below. - 6 operator positions Bryan/Brazos county Console Sys Convert existing system to P25 Millican Includes 700/800 MHz Multicast Base equipment with racks (6 chls) , Xmit & Rcv antennas and coax Hensel Park Site includes 7001800 MHz Multicast Base equipment with racks (6 chls) , Xmit & Rcv antennas and coax Page 57 J TAMU Console Equip- Convert existing system to P25 LCRA - Site Includes 700/800 MHz Multicast Base equipment with racks (6 chls) , Xmit & Rcv antennas and coax Brenham Site Includes 700/800 MHz Multicast Base equipment with racks (6 chls) , Xmit & Rcv antennas and coax Burton Site Includes 700/800 MHz Multicast Base equipment with racks (6 chls) , Xmit & Rcv antennas and coax Brenham Emerg Comms Console Sys As shown in Table 2 below. - 4 operator positions Management Reserve Includes structural analysis of all towers and pnoject reserves. PSIC-Provided Console equipment installed at College Station and the City of Brenham: IP-based console system Auxiliary I/O Server Conventional Channel Gateway Operator Position Equipment, PC, Mouse, Speakers, Microphone, Keyboard Console Site Router Site Controller LAN Switch IP Based logging system, archiving interface server, digital logging server, playback station 700/800MHz P25 Tr unked backup stations Multimode remote control Antenna system Lightning Protection UPS backup power Page 58 fn LWW LSIAMMM AMOMM91 UMOW=d= IMMSMan HavicacultTa 0=490UUMM a crm a MMIL CD tw cc (7% Aq In THIRD RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit B - Service Area Map j )X Page 60 THIRD RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit C - BVWACS Associate Standard Terms and Conditions When using the Brazos Valley Wide Area Communications System ("BVWACS"), BVWACS Associate shall abide by all policies, procedures and guidelines established by the BVWACS Operating Board, the BVWACS Governing Board, and the terms and conditions of this BVWACS Associate Interlocal Cooperation Agreement BVWACS Associate shall use the BVWACS in a manner consistent with the Standard Operating Procedures established by the BVWACS Operating Board and in compliance with applicable Federal Communications Commission ("FCC") regulations and rules. BVWACS Associate is encouraged to use and improve the interoperation capabilities of the BVWACS and to provide input to the BVWACS Managing Entity on the day-to-day operations of the BVWACS and development of BVWACS standard operating policies and procedures. BVWACS Associate shall utilize its sponsoring BVWACS Party as its primary point of contact for requests for BVWACS Improvements. BVWACS Associate shall utilize the BVWACS Managing Entity as its primary point of contact when dealing with problems, or to answer questions. BVWACS Associate shall work in good faith with the BVWACS Managing Entity to help resolve problems. BVWACS Associate shall purchase and provide its own subscriber radios and equipment to be used on the BVWACS. The selection and specifications for these radios and equipment must be coordinated with the BVWACS Managing Entity so that all radios and equipment purchased are compatible with the BVWACS. Page 61 BVWACS Associate shall ensure that programming for its subscriber equipment that uses the BVWACS is consistent with the Standard Operating Procedures established by the BVWACS Operating Board. BVWACS Associate has no right to use the BVWACS if the BVWACS Party entering into this BVWACS Associate Interlocal Cooperation Agreement with it is no longer eligible to use the BVWACS. BVWACS Associate is subject to any limitations or restraints on its usage of BVWACS that apply to the BVWACS Party entering into this BVWACS Associate Interlocal Cooperation Agreement. The current term of this BVWACS Associate Interlocal Cooperation Agreement shall not exceed the current term of the Interlocal Agreement for Construction, Acquisition, Implementation, Operations and Maintenance of a Wide Area Communications System. BVWACS Associate may be subject to immediate suspension of this BVWACS Associate Interlocal Agreement for violation of FCC rules and regulations, individual or repeated violations of the BVWACS Standard Operating Procedures, or use of the BVWACS that is determined to be inappropriate by the Governing Board. Upon thirty (30) days written notice that specifies the existence and nature of the default, the BVWACS Party sponsoring the BVWACS Associate may automatically terminate the participation of BVWACS Associate. Default results from failure to comply with the BVWACS Associate Interlocal Cooperation Agreement, including: 1. Violation of FCC rules and regulations; 2. Individual or repeated violations of the BVWACS Standard Operating Procedures; or 3. Use of the BVWACS that is determined to be inappropriate by the Governing Board. BVWACS Associate may avoid termination if the default is cured within thirty (30) days. If the BVWACS Associate begins to cure the default within the thirty (30) day period, the time to clue Page 62 may be extended, at the sole discretion of the sponsoring BVWACS Party, for as long as the BVWACS Associate diligently continues to work toward completion of the cure. BVWACS Associate shall ensure that the persons it authorizes to use its radios and equipment are trained in the proper use and etiquette for two-way radio communication. BVWACS Associate shall reimburse the BVWACS Party that is the holder of an FCC license if there is any actual or alleged violation of any FCC rule or regulation as a result of any radios or equipment that is owned by BVWACS Associate or used by any person associated with BVWACS Associate for all costs arising from the actual or alleged violation, including costs and attorney's fees for defense against the allegation as well as fines and penalties incurred. Page 63 THIRD RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTAITON, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit D -- Goals and Objectives GOALS The goal of the Brazos Valley Wide Area Communications System is to provide voice radio and ultimately data transmission coverage and radio communication interoperability throughout the Service Area utilizing Infrastructure and Improvements currently provided by the Parties as well as new Infrastructure and Improvements in accordance with this Agreement. OBJECTIVES I. The Brazos Valley Wide Area Communications System shall maintain an appropriate reserve capacity based on the determination of the Governing Board. 2. The Brazos Valley Wide Area Communications System shall strive to maintain coverage at or above 95% reliability for a portable radio worn on the hip with a speaker collar microphone inside a --1 Odb loss building within the Service Area. 3. To the extent practicable, the Brazos Valley Wide Area Communications System shall maintain interoperability with other public safety and governmental radio systems within the Service Area, the Brazos Valley Council of Governments area, regionally, statewide, and nationally. 4. The Brazos Valley Wide Area Communications System shall maintain the performance and equipment of the BVWACS at a standard consistent with the developments in technology and the needs of the BVWACS Parties. 5. The Brazos Valley Wide Area Communications System shall research and pursue opportunities for assistance for funding the BVWACS through grants and other means. Page 64 THIRD RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit E -- Monthly, Quarterly and Annual Evaluation Factors Maintain system reserve capacity at or above the level approved by the Governing Board. Maintain coverage at RFP's coverage specifications. Report number of minutes of BVWACS non -normal operation. Report number of system busies. Report BVWACS Support Vendor response time to system problems. Develop shared staff performance measures. Page 65 THIRD RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit F- Governance, Operation, and Maintenance Flow Chart and Distribution of Board Membership BVWACS Governing Board City of Bryan: Mayor or delegate City of College Station: Mayor or delegate City of Brenham: Mayor or delegate Brazos County: County Judge or delegate Burleson County: County Judge or delegate Grimes County: County Judge or delegate Madison County: County Judge or delegate Washington County: County Judge or delegate Texas A&M University: Chief Information Officer or delegate BVWACS Operating Board City of Bryan: One Member, One Alternate City of College Station: One Member, One Alternate City of Brenham: One Member, One Alternate Brazos County: One Member, One Alternate Burleson County. One Member, One Alternate Grimes County: One Member, One Alternate Madison County: One Member, One Alternate Washington County: One Member, One Alternate TexasA&M University: One Member, One Alternate BVWACS Managing Entity Brazos Valley Council of Governments: Radio System Manager Page 66 THIRD RESTATEMENT OF THE INTERLOCAL AGREEMENT FOR THE CONSTRUCTION, ACQUISITION, Ivi IPLEMENTATION, OPERATION AND MAINTENANCE OF THE WIDE AREA COMMUNICATIONS SYSTEM Exhibit G — Staffing for BVWACS Program Radio System Manager (100 %) Page 67 I BRAZOS VALLEY I Interlocal Agreement For Managing Entity by the BVCOG for the Brazos Valley Wide Area Communications System THIS INTERLOCAL AGREEMENT ("ILA"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and among the Brazos Valley Council of Governments, hereinafter referred to as "BVCOG," and the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, Grimes County, Madison County, Burleson County, and Texas A & M University, all political subdivisions or agencies of the state of Texas. WHEREAS, the Brazos Valley Council of Governments (the "BVCOG") is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Interlocal Cooperation Act codified in Chapter 791 Texas Government Code, the BVCOG is authorized to contract with eligible entities to perform governmental functions and services; and WHEREAS, the City of Bryan, City of College Station, City of Brenham, Brazos County, Washington County, Grimes County, Madison County, Burleson County, and Texas A & M University, collectively hereinafter sometimes referred to as the `BVWACS Parties" have entered into the Second Restatement of the Interlocal Agreement for the Construction, Acquisition, Implementation, Operation and Maintenance of the Brazos Valley Wide Area Communications System to create and maintain an interoperable radio and data communications system (the `BVWACS Agreement"); and WHEREAS, the BVWACS Parties desire the BVCOG to supervise the performance of the BVWACS Agreement; and WHEREAS, the BVCOG desires to undertake the supervision of the performance of the BVWACS Agreement as set forth in this Agreement; NOW, THEREFORE, BVCOG and the BVWACS Parties do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The BVCOG represents that it is eligible to contract with the BVWACS Parties under the Interlocal Cooperation Act for the purposes recited herein because it is a local government and it possesses adequate legal authority to enter into this Agreement. Likewise, the BVWACS Parties represent that they, too, are each local governments or political subdivisions eligible to enter into this Agreement for the purposes recited herein. ARTICLE 2: APPLICABLE LAWS The BVCOG and the BVWACS Parties agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. This includes applicable laws relating to purchasing and bidding of products and services, maintenance of open records and use of the Brazos Valley Wide Area Communications System in accordance with Federal Communications Commission rules. A party to this Agreement is financially responsible for any FCC penalties, fines or other financial encumbrances or penalties caused by the actions of its agents, employees or representatives. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete agreement among the parties hereto, and supersede any and all oral and written agreements among the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when approved by the governing body of the last party which approval makes the Agreement go into effect on October 1, 2023, whichever occurs latest. It shall remain effective until September 30, 2028, subject to the rights of termination set forth herein. The conditions set forth below shall apply unless modified or terminated in accordance with the provisions hereof. ARTICLE 5: SCOPE OF SERVICES The BVCOG agrees to perform as the BVWACS Managing Entity certain services for the BVWACS Parties as set forth in Exhibit "A-1" at specified rates and costs as set forth in Exhibit "A-2". (A sample form Exhibit "A-2" is attached hereto.) Exhibit "A-2" shall be reviewed annually and may be amended in conjunction with the BVWACS fiscal year budget adoption process, to be adopted effective on the ls' day of October of each year during the Term of this Agreement. The BVCOG will assist the BVWACS Parties in managing grant funds as set forth in Exhibit "A- 1". Nothing herein shall make the BVCOG responsible for providing funding for various projects associated with such grant or programs in the event of a shortfall. ARTICLE 6: PAYMENTS Pursuant to the BVWACS Agreement, upon delivery of goods or services provided and upon presentation of properly documented statements on a quarterly basis to each of the BVWACS Parties for their proportionate share of same, each BVWACS Party shall promptly in accordance with the BVWACS Agreement pay the BVCOG the full amount of its respective share. All payments for goods or services will be made from current revenues available to the BVWACS Parties. ARTICLE 7: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all the parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 8: TERMINATION PROCEDURES Page 2 The BVCOG or the BVWACS Parties may cancel this Agreement at any time upon ninety (90) days written notice by certified mail to the other parties to this Agreement. The obligations of the BVWACS Parties and of the BVCOG, including obligations to pay any invoices outstanding for goods and/or services purchased under this Agreement, shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the responsible party. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that any party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay fiends. ARTICLE 11: CONSENT TO SUIT Nothing in this Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions, privileges and immunities as may be provided by law. ARTICLE 12: NOTICES Notices required under this Agreement must be in writing and delivered personally or sent by certified US Mail, postage prepaid, addressed to such party at the following respective addresses: Brazos Valley Council of Governments: Attention: Executive Director P.O. Box 4128 Offices: 3991 East 291h St. Bryan, Texas 778054128 City: City of Bryan Attention: City Manager, with a copy to the City Attorney P. O. Box 1000 Bryan, TX 77805 City: City of College Station Attention: City Manager, with a copy to the City Attorney P. O. Box 9960 College Station, TX 77842 City: City of Brenham Page 3 Attention: City Manager, with a copy to the City Attorney 200 West Vulcan Street PO Box 1054 Brenham, TX 77834 County: Brazos County Attention: County Judge, with a copy to County Attorney 200 S. Texas Avenue Suite 332 Bryan, TX 77803 County: Washington County Attention: County Judge, with a copy to County Attorney 100 East Main Street Suite 104 Brenham, TX 77833 County: Burleson County Attention: County Judge, with a copy to County Attorney 100 W. Buck #306 Caldwell, TX 77836 County: Madison County Attention: County Judge, with a copy to County Attorney 103 West Trinity, Suite 113 Madisonville TX 77864 Texas A & M University: Texas A & M University Attention:Vice President and Associate Provost For Information Technology and Chief Information Officer 1365 TAMU College Station, TX 77843-1365 County: Grimes County Attention: County Judge, with a copy to County Attorney 100 Main Street Anderson, TX 77830 ARTICLE 13: MISCELLANEOUS Page 4 a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Brazos County, Texas. b. It is understood that 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. C. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all the parties. d. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. e. Failure of any party, at any time, to enforce a 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. f. This Agreement and the rights and obligations contained herein may not be assigned by any party without the prior written approval of all the other parties to this Agreement. g. This Agreement is effective as of the effective date set forth above. This Agreement may be executed simultaneously in one or several counterparts, each of which is deemed to be an original and all of which together constitute one and the same instrument. The counterparts may be signed in multiple originals to allow each party to have an originally signed counterpart for each party. The Agreement has been executed in multiple originals, each having equal force and effect, on behalf of the parties. BRAZOS VALLEY COUNCIL OF GOVERNMENTS Page 5 Executive Director R IUI;61Lf l-I M Date: Page 6 County Judge CITY OF BRYAN Date: Page 7 ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney CITY OF COLLEGE STATION Date: Date: Date: Page 8 ATTEST: Mayor City Secretary APPROVED: City Manager City Attorney Assistant City Manager / CFO CITY OF BRENHAM Date: Date: Date: Date: Date: Page 9 ATTEST: Mayor City Secretary APPROVED AS TO FORM: City Attorney Date: Date: Date: BRAZOS COUNTY COMMISIONERS COURT Page 10 County Judge ATTEST 700- l 5 Mom =County Clerl" &6gEe-AL GOL(MCtL WASHINGTON COUNTY Date: q I aco I a3 Date: q I a'(.o 1 9-3 Date: q ( au I a3 Page 11 County Judge MADISON COUNTY Date: Page 17 County Judge BURLESON COUNTY Date: Page 11 County Judge 0 TEXAS A&M UNIVERSITY Page 14 Date: Executive Vice President and Chief Financial Officer Date: Page 15 Exhibit A-1 SCOPE OF SERVICES The BVCOG shall perform the following services at the following rates for the BVWACS Parties as the Managing Entity pursuant to the BVWACS Agreement: 1. Perform as Managing Entity as set forth in the BVWACS Agreement. This includes the following: a. Overall management. To manage the BVWACS on a day to day basis. Responsibilities include specific duties outlined in the BVWACS Agreement plus any other duties as determined by the Governing Board created under such Agreement. b. Management. Perform ongoing management of the construction, acquisition, implementation, operation and maintenance of the BVWACS; c. Coordination with other radio systems. Serve as principle coordinator with other radio systems as determined by the Governing Board; d. Minutes. Maintain minutes of the Governing Board and Operating Board meetings; e. Recommendations. Make recommendations to the Operating Board regarding proper performance of the BVWACS under the terms of this Agreement; f. Supervision. Supervise additional Employees as applicable; g. Dispute Resolution. Assist in the administrative dispute process as set out elsewhere in this Agreement. h. Agreement coay. Maintain and make available at all reasonable times to the Operating Board and to the Governing Board a current copy of this Agreement, including any amendments and the most current version of all Exhibits together with copies of the most current versions of any subsequently developed operating procedures or standards; i. Financial Responsibilities. Reconcile the budget on a quarterly basis or as requested by the Governing Board. Prepare draft budget, coordinate purchasing, conduct inventories, assist with any audits and handle such other fiscal matters as may be directed by the Governing Board; j. Reports. Provide such performance reports, projection reports and other reports regarding the technical, operational, fiscal and other aspects of the BVWACS as required by the Governing Board or Operating Board; k. Record Keeping Maintain and keep current all records, legal documents, contracts, manuals, warranties, etc. relating to the BVWACS and make same available for review by any of the Parties upon request; L Contract Administration. Administer all contracts for the construction, acquisition, implementation, operation and maintenance of the BVWACS; m. Project Management. Oversee the management of all projects relating to the construction, acquisition and implementation of Infrastructure and Improvements to the BVWACS; n. Standard Operating Procedures. Develop, distribute and keep current standard operating procedures for the BVWACS as directed by the Operating Board; o. BVWACS Availability. Ensure operational and technical availability of the BVWACS features to the Parties and Associates in accordance with the goals and objectives set forth herein and that support interaction and communications with other public safety radio systems; Page 1 E, p. Grant Administration. Oversee the application, administration and financial management of grant funding programs available for the construction, acquisition, implementation, operation and maintenance of the BVWACS. This includes performing as a recipient or sub -recipient for the BVWACS Parties in relation to such grant programs, and such other duties as set out below. 2. Perform Grant Administration, including the following: a. Procurement and evaluation responses resulting in specific recommendations to the BVWACS Governing Board for the execution of grants and contracts, including receipt of funds; b. Recommendation to the BVWACS Governing Board for the award of subcontracts for the provision of the services set forth for covered programs that have been approved in accordance with the BVWACS Agreement; c. Management, administration, and oversight of subcontracts and subcontractors' performance, including for contracts for planning, evaluation, and monitoring; d. Payment of all authorized grant program expenses, whether for staff or administrative services, participant support costs, authorized subcontracted services, participant wages or stipends, or other costs incurred in the implementation of programs; e Reimbursement of any questioned or disallowed costs will first be demanded from the subcontractor where the costs occurred, and making recommendations regarding possible solutions; f. Maintenance of financial and grant participant information records; g. Preparation and delivery of such reports and invoices for funds as are required by the state and federal rules, regulations, and administrative policies applicable to the program covered under the statutes; h. Preparation of a budget for Grant Recipient/Fiscal Agent; i. Authority to procure service providers for services authorized in the adopted and approved annual plans for the covered grant programs;; and j. Provision of other duties that may be required by changes in state and/or federal rules, regulations, and/or policies that are applicable to the covered grant program. 3. Exclusion from scope of services: a. Conveyance of interests in real property. This does not prohibit the provision of services relating to property acquisition, such as oversight of surveys, title work, appraisals, etc. Page 17 EXHIBIT A-2 SAMPLE BUDGET DOCUMENT ,•,� � ��x ,_' �' �� ' �?�BVWACS� 1lF 20��4 AFFR1tED B'it ,gd _ �_. Descyiptiori 2 Vj 2023 FYZ 24. ur�4'Rr,�S:eesaln� � �W,ggg re ,CaPual Urlcl c ii CS'dansY �' a . 4 ' '�$ +i3 377 05� i�103 377 OS ,t(r1+im'vrr `•^3q.L,zrS^,'..Y 0. >.. . �1$.PS. m'Y3;fi h�:x�a F1. 4;k.�i±.Y.:. �•y S'n "TGr. 7.^ . Salary -System Manager $ 106,069.10 $ 108,781.52 Salary-8VCQGfyliso $ 7,519.09 $ 7,819.65 ry?lart'bxa1A. ..i13,58$;i$t �s , s's� 117,6D1:37 e r r ti Be. !q Total i 52;561.73 $`A� ;, 33;6£i5 00 c#ei�erlAd►iitustrativ:�E;Nlain#et3ePeiise ,, x �x` N .: ,. g:?.. x.: -... Consulting Fees 'Other Admin' $ - $ - Professional Fees 'Other Admin' $ 31500.00 $ 4,500.00 Audit Expense 'Other Admin' $ 2,684.51 $ 2,791.89 Travel Expense $ 8,000.00 $ 8,500.00 Maintenance, Motorola $ 228,062.07 $ 245,055.55 Maintenance, Harris County $ 64,022.34 $ 77,335.64 Maintenance, General 'Contin enoy' $ 35,000.00 $ 45,000.00 Supply Expense 'Other Admin' $ - $ - Copier EHpense 'Postage&Printing' $ 400.00 $ 400.00 Maintenance, Data Connectivity $ 50,000.00 $ 70,000.00 Telephone EHpense'Includes mobile data devices & phone' $ 1,800.00 $ 3,500.00 PostageEHpense 'Postage &Printing' $ 75.00 $ 75.00 Insurance, General $ 15,000,00 $ 15,000.00 Tralning and Meeting Expense 'Other Admin' $ 3,000.00 $ 4,500.00 z _ i .General Admcr $;Marntenance` x er:se�Total .$, nx4,71;544.5�", '"47$,718.08 ��xt*'x'rt.•ttar. '�• x 'i q�jx' .�,};.sx.=".iX?%��x�n Indireot Cost Expense $ 28,416.00 $ 29,554.72 •v., j,f1 .g7.`!7�ii.6 ..}> k a's .iSS:.}� .ie:,�` .:t tt;.�5 .'': A000unting Service ISF $ 10,342.31 $ 10,756.00 ; stem Administration ISF $ 11,642.85 $ 12,108.57 CopylFax Servlee ISF $ 532.60 $ 553.81 Human Resource Management ISF $ 8,7$4.19 $ 5,145:S6 Office5paceISF $ 8,670.21 $ 3,017.02 ReceptionistllnternetlLooal Phone ISF $ 8,320.00 $ 8,652.80 rt°m�r?, w C t� " lSFcrotal $a�'¢8,302. 150 ,� h•3 P,e i 23�25 •• F Xt's•.:..:i is e. d:ne 'Annualopj, _atirtg$rlVfair}}eri�nCEiotal ,$ 3s4r434.60.s, ,7Q7,99342 ••[ 4 E '6 9 l���� �P x�`t� a'g S �G z�hi'1f �L�i�`�a1��0 F•.� � dE1.! 7 Capital Equipment Replacement Reserve (CERRF) Current Balance $ 1"9,799.44 Contributions 'FY2Q2?� F?raJecKed �Ha[�rtiraelAfter�l.0%�023� •..'`'�,�'`-. , i,g!1�3" 1'7,15 49 FY19 $ 206,754.04 FY20 $ 206,754.09 F•Y21 $ A03,377A5 FY22 $ 103,377 -D5 FY23 $ 103,377.05 FY24 $ 103,37i.OS Page I 2023-2024 BRAZOS COUNTY INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL SERVICE (EMS) THIS INTERLOCAL AGREEMENT hereby made and entered into by and among the City of Bryan, Texas (hereinafter "Bryan"), a home rule municipal corporation, and Brazos County, Texas (hereinafter "County"), each acting by and through its duly authorized agents. WHEREAS, the Parties are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing emergency medical ambulance services; and WHEREAS, Bryan and the County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide emergency medical services; NOW, THEREFORE, in consideration of the mutual promises, benefits, and covenants made herein, the Parties agree as follows: ARTICLE I SCOPE OF SERVICES 1. Bryan shall provide Emergency Medical Services outside the corporation limits of Bryan, Texas, and within Brazos County, Texas, within the designated area of response established in the auto aid boundaries (see Exhibit A; Bryan Response District). 2. In the event the County elects to enter into an agreement with another jurisdiction or entity for the same type of service described in this Agreement, the County will rely on the 9-1-1 Emergency Communications District to send the closest appropriate Emergency Medical Services resource to the location of the request for service. 3. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches police, fire, and EMS units for the City of Bryan and Brazos County. 4. Bryan reserves the right to refuse to answer any call pursuant to this Agreement if the Fire Chief (or designee) reasonably determines that the City's health, safety, or welfare will be endangered by dispatching personnel or equipment outside of the corporate limits. 5. Bryan will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health and Safety Code and will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. The City of Bryan will provide to the County, notwithstanding any HIPAA restrictions, an electronic copy of each "on scene" response taken outside the corporation limits of Bryan on a quarterly basis upon request. On scene will be defined as a single request for medical assistance where the responding agency arrives on location, makes patient contact, and provides medical assistance beyond initial assessment with a completed medical report. 6. Bryan will provide to the County, notwithstanding any HIPAA restrictions, an invoice detailing the number of "on scene" response originating outside the corporation limits of Bryan but within the limits of Brazos County within thirty (30) days of the end of each fiscal year quarter. Page 1 of 5 ARTICLE H COMPENSATION Fiscal Year 2024: The County shall pay from current revenues to Bryan within sixty (60) days of the end of each fiscal year quarter $285.00 for each "on scene" response that arrives on scene for Emergency Medical Services. A Fiscal Year is October 1 through and including September 30. Payment Due Date Quarter Amount February 1, 2024 October 1, 2023 — December 31, 2023 $285.00 X "on scene" responses that arrives on scene. May 1, 2024 January 1, 2024 — March 31, 2024 $285.00 X "on scene" responses that arrives on scene. August 1, 2024 April 1, 2024 — June 30, 2024 $285.00 X "on scene" responses that arrives on scene. November 1, 2024 July 1, 2024 — September 30, 2024 $285.00 X "on scene" responses that arrives on scene. ARTICLE III GENERAL TERMS 1. Interlocal Cooperation Act. The Parties to this Agreement are local governments 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. 2. The terms and conditions of this Agreement may be amended upon written mutual consent of each governing body. Mutual consent will be demonstrated by written approval of each governing body. 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. 3. 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. Each Party remains solely responsible for any legal defense and any civil liability due to the acts or omission of each Party's employees. Notwithstanding any other terms in this Agreement, nothing is construed as a waiver of any legal defense or remedy of any nature to any claim against a Party. 4. This Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, and 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. 5. 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. Page 2 of 5 6. 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 they have authorization to sign on behalf of their respective governmental bodies. 7. Waiver. Failure of any Party, at any time, to enforce a 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 thereof, 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, waiver of, or excuse of any other different or subsequent breach. 8. 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. Multiple Originals. It is understood and agreed this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 10. Effective Date. This Agreement is effective when signed by the last Party signing, thereby making the Agreement fully executed. 11. Prior Agreement. On the Effective Date, this Agreement will terminate the previous Automatic Mutual Aid Agreement dated October 27, 2020. 12. No Third -Party Beneficiaries. This Agreement is for the benefit of the parties and does not confer any rights on any third parties. 13. Term. This Agreement shall commence on October 1, 2023, and shall continue in effect until September 30, 2024, unless earlier terminated as provided herein. 14. Notice. Any official notices by one Party to another must be in writing and sent by certified mail return receipt requested and 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 Brazos County Attn: Kean Register, City Manager Attn: Duane Peters, County Judge P.O. Box 1000 P.O. Box 9960 Bryan, Texas 77805 College Station, Texas 77842 [Signature Page Follows] Page 3 of 5 City of Bryan os Coun Bobby Gutierrez, Mayor Duane Peters, County J'u ge Date Date: ace I �3 Attest: Attest: Karen McQueen Mary Lynne Stratta Bryan City Secretary Brazos County Clerk Date: Date: ! a'LO Approved as to form: Ap roved t •m• Thomas Leeper Bruce rra t City Attorney General Counsel City of Bryan Date Brazos County Date q l a.p 1 &'6 Page 4 of 5 Exhibit A a i, • z .��d'4r �'7''r�,r� _�� � s•9 s` ��'a°°`s..��Lo�'. - SAND �sy�,a►'� a,�-:r�' �^'�lr L '.{�,7A�-on t. y a,,*^ P��j.�g�Pt�i � E. � �•. `'�! �6�p'emu `�Rn� L+r `e d { ti i�wda egrcw \ I F,GGVM CIO •:.wa�:� ",r�c°h°''..�°x� �sG��` r rtA�;�a�, ' 4 s'' 4 1�� � r om ['•' �y��l-�. y m �,&�d¢,9�� ,_ Lz-" vim• � � d .. d it ,�ee� kx� ),. `�a? yP.,r' Ilk �o BRYAN RESPONSE DISTRICT COLLEGE STATION RESPONSE DISTRICT BRYAN CITY LIMITS' r o L.� At1.fY � COLLEGE STATION CITY LIMITS FAR � 3- jt pxor Wn+ti wv.eva.ra. �dE+I��•AFDYbY'enCmIC��S! i8xr,•m}= Page 5 of 5 FY 2024-FY 2026 COLLEGE STATION AND BRAZOS COUNTY INTERLOCAL AGREEMENT FOR EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into by and among The City of College Station, Texas, a home rule municipal corporation ("College Station" or "City") and Brazos County, Texas ("County"), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, College Station currently provides Emergency Medical Ambulance services to the County NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: ARTICLE I SCOPE OF SERVICES 1. College Station shall provide Automatic Mutual Aid Emergency Medical Ambulance Services to any requesting person in the southern portion of Brazos County within the College Station Response District as defined in Exhibit "A" Automatic Mutual Aid Response Districts. Response to areas of Brazos County outside of the College Station Response District will be by mutual aid request and based on resource capacity. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District and the College Station Communication Center. 3. College Station reserves the right to refuse to respond to any call pursuant to this Agreement if the Fire Chief or designee reasonably determines that the health, safety, or welfare the City would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. College Station will provide to the County, notwithstanding any HIPAA restrictions, an electronic summary report of emergency responses made outside the corporation limits of each city, respectively, on a quarterly basis upon request. An "emergency response" is defined as a single medical incident regardless of the number of EMS or other apparatus that respond(s) and arrive on location. FY 2024- FY 2026 EMS ILA Page 1 of 6 Contract No.23300798 ARTICLE II PAYMENTS 1. The County shall pay from current revenues to the City the following amounts for Emergency Medical Ambulance Services on a quarterly basis according to the following schedule: 2. Fiscal Year 2024. A sum of $425 per emergency response not to exceed a collective total of $340,000 annually: Payment Due Date Quarter 1. January 31, 2024 October 1— December 31, 2023 2. April 30, 2024 January 1 — March 31, 2024 3. July 31, 2024 April 1 — June 30, 2024 4. October 31, 2024 July 1 — September 30, 2024 3- Fiscal Year 2025. A sum of $475 per emergency response not to exceed a collective total of $380,000 annually: Payment Due Date Ouarter 1. January 31, 2025 October 1—December 31, 2024 2. April 30, 2025 January 1 — March 31, 2025 3. July 31, 2025 April 1 — June 30, 2025 4. October 31, 2025 July 1— September 30, 2025 FY 2024- FY 2026 EMS ILA Page 2 of 6 Contract No.23300798 4. Fiscal Year 2026. A sum of $525 per emergency response not to exceed a collective total of $425,000 annually: Payment Due Date 1. January 31, 2026 2. April 30, 2026 3. July 31, 2026 4. October 31, 2026 uarter October 1 —December 31, 2025 January 1— March 31, 2026 April 1— June 30, 2026 Julyl — September 30, 2026 ARTICLE III TERM AND TERMINATION The Agreement term begins on October 1, 2023 and ends on October 31, 2026. The Agreement is effective after proper approval of all parties. The Parties may terminate this Agreement, for convenience, without cause, with thirty (30) days' written notice. Further, should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement before the date of termination shall survive. ARTICLE IV GENERAL TERMS AND CONDITIONS 1. 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. 2. Notice. All notices issued between parties to this agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: City of College Station Brazos County P.O. Box 9960 200 S. Texas Ave, Suite 332 Station, Texas. 77842 Bryan, Texas 77803 Attn: Richard Mann, Attn: County Judge Fire Chief Duane Peters 3. Hold Harmless. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees FY 2024- FY 2026 EMS ILA Page 3 of 6 Contract No.23300798 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 be caused, directly or indirectly by any party to this Agreement, or any of its officers, agents or employees as a result of its performance under this agreement. If any party to this contract is sued by a third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the governmental unit that would have been responsible for furnishing the services in the absence of the Agreement is responsible for any civil liability that arises from the furnishings of those services except for personal injury, personnel and/or retirement benefits of the personnel of the responding city, and/or damage to or resulting from use of any equipment of the responding city. 4. Savings Clause. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 5. 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. 6. No Third -Party Beneficiaries. This Agreement is for the benefit of the parties and does not confer any rights on any third parties. 7. Amendment. The terms and conditions of this Agreement may be amended upon written mutual consent of all Parties. Mutual consent will be demonstrated by written approval of each governing body. 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. 8. Venue. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 9. Waiver. Failure of any parry to enforce a provision of this Agreement shall not constitute a waiver of that provision nor in any way affect the validity of this Agreement or the right of any party 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 part(ies) 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. 10. Multiple Originals. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. FY 2024- FY 2026 EMS ILA Page 4 of 6 Contract No.23300798 CITY OF COLLEGE STATION L,-%a, ayor Date: 9/28/2023 ATTEST: City Secretary Date: 9/28/2023 APPROVED AS TO FORM: CitAttorney Date: 9/22/2023 FY 2024- FY 2026 EMS ILA Contract No.23300798 ZOS C Duane I Peters, Cou fnty Judge Date: C' °ZL' ` °2 3 A ST: G Karen McQueen, County Clerk Date: a I a-U. I Q3 Bruce L. Erratt, General Counsel Date: q 1 a(.v 0 a3 Page 5 of 6 USER AGREEMENT TO PURCHASE DRIVER RECORDS OR DRIVER RECORD MONITORING SERVICES This Agreement is made between the Department of Public Safety of the State of Texas (DPS), the state administrator for driver license and identification card records (referred to as Driver Records), and the entity purchasing records identified below (Entity). Entity Name: County of Brazos, Texas Address: 200 S. Texas Ave. Suite 264; Bryan, Texas 77803 _ BACKGROUND Texas law authorizes DPS to sell Driver Records individually or in bulk for specified permissible purposes and to establish an Interactive System to provide the release of Driver Records under the authority of Texas Transportation Code Chapters 521 and 730. Additionally, Texas Transportation Code § 521.062 allows DPS to establish an optional program for Driver Records Monitoring Services (referred to as Monitoring Services) that will notify any participating entities of any updates or changes to an individual's Driver Record that is being monitored by any entity that elects to participate in the program. These changes may include convictions for a traffic offense or any driver license status change. Texas law requires each prospective Entity using the Interactive System to sign an agreement with DPS containing safeguards that DPS considers necessary to ensure that Driver Records purchased are used only for permissible purposes and that the rights of the individuals and DPS are protected before Entity receives any Driver Records. DPS will sell and deliver the Driver Records or Monitoring Services in an interactive format to Entity subject to the following terms and conditions. SCOPE 1. Definitions a. Driver Records means a record that pertains to a motor vehicle operator or driver license or permit, or identification document issued by DPS for all license holders in Texas as described in Texas Transportation Code § 521.050. b. Interactive System means the process by which DPS supplies Driver Records and Monitoring Services in an electronic format to Entity, including real-time and batch web - based applications. Rev.7/2022 Page 1 of 15 c. Personal Information means information within Driver Records that identifies an individual by the following: an individual's photograph or computerized image, Social Security number, date of birth, driver identification number, name, address but not zip code, email address, telephone number, and medical or disability information or as is defined by the federal Driver's Privacy Protection Act(18 U.S.C. § 2721, et seg.), the Identity Theft Enforcement and Protection Act (Texas Business and Commerce Code Ch. 521), and the Texas Motor Vehicle Records Disclosure Act (Texas Transportation Code Ch. 730). Personal Information may also include sensitive personal information as defined in Texas Business and Commerce Code § 521.002(2), which includes: 1) An individual's first name or first initial and last name in combination with a driver license number or government -issued identification number if the name and the items are not encrypted. 2) Information that identifies an individual and relates to: a) The physical or mental health or condition of the individual; or b) The provision of health care to the individual. d. Entity means a person or governmental o'r private entity who is eligible to receive Driver Records as an Authorized Recipient under Texas Transportation Code Chapter 730. e. Breach of System Security means the unauthorized access of computerized data that compromises the security, confidentiality, or integrity of personal information Entity maintains under this Agreement, including data that is encrypted if Entity's employee or agent accessing the data has the key required to decrypt the data. Good faith acquisition of personal information by an employee, agent, or client of Entity for the purposes of performing under this Agreement is not a breach of system security unless the employee, agent, or client of Entity uses or discloses the personal information in an unauthorized manner. f. Confidential Data means information as defined in Texas Administration Code § 202.1(5) that is collected and maintained by the Department that must be protected against unauthorized disclosure and is not subject to public disclosure under the provisions of applicable state or federal law or other legal agreements. g. Cyber Security means the Department's Cyber Security Unit, which is responsible for agency information technology security. Rev.7/2022 Page 2 of 15 h. Department or DPS means the Department of Public Safety of the State of Texas. i. Regulated Data means information that is collected and maintained by the Department that requires the Department to implement specific privacy and security safeguards as mandated by Federal and State law. j. Secure Location means a facility, conveyance, or area with security controls sufficient to protect sensitive or confidential information and associated information systems. k. Sensitive Data means information that is collected and maintained by the Department that must be protected against unauthorized disclosure, except for public release under the provisions of applicable state or federal law or other legal agreements. I. System Failure means a breakdown of any system hardware, operating system,- or application software which prevents the accomplishment of the system's intended function. m. User(s) means an entity/person who is accessing Driver Records from a web -based, desktop, or mobile device interface. n. Wireless Local Area Network (WLAN) means a wireless computer network that links two or more devices using a wireless distribution method within a limited area. 2. Purchase of Driver Records Entity may purchase Driver Records of individuals, which includes Personal Information, solely for a permissible use as identified in the section of this Agreement entitled "Certification of Permissible Use." 3. Purchase of Monitoring Services Upon enrollment in the Driver Record Monitoring Service, Entity agrees to immediately purchase a record of any driver identified with a "not eligible" status (Type 2). If the purchase is made for the purpose of insurability, the driver is eligible for monitoring by the organization that purchased the record. The Monitoring Services will include notification to Entity on a bi-weekly basis of any change in the individual's driver license status or when any conviction for a traffic offense is reported to DPS during the term of this Agreement. 4. Fees Entity must pay to DPS the applicable fee set by statute or rule for purchasing Driver Records or Monitoring Services. Entity also must pay any interactive transaction fees. Payment for the interactive transfer must be handled in an electronic format. Entity must remit payment immediately upon receipt of billing. Failure to remit timely payment may result in termination of this Agreement, denial of additional Driver Records and Monitoring Services, or the cancellation of Monitoring Services for any specific Driver Record until all payments are received. In the event that the Monitoring Services for a specific Driver Record is cancelled, Entity must purchase the Driver Record again in order to reinitiate the monitoring service for that specific Driver Record. Rev.7/2022 Page 3 of 15 Under Tex. Transp. Code § 521.049, DPS will not charge a fee for Driver Records disclosed to a law enforcement or other governmental agency for an official purpose, unless the governmental agency requests Driver Records sold in bulk for research purposes. If Entity is a governmental agency and wishes to obtain Driver Records in bulk for research purposes, DPS will charge Entity the regular fees for those bulk Driver Records. If Entity is monitoring a Driver Record for multiple Third Party Requestors, Entity must pay a monitoring fee for each Third Party Requestor. Entity must require a Third Party Requestor to monitor its entire customer base for Monitoring Services. If Entity is purchasing Driver Records and Monitoring Services for its own use and will not provide to a Third Party Requestor as permitted herein, Entity must monitor its entire customer base under this Agreement. S. Interactive System The Interactive System for Driver Records and Monitoring Services, by which DPS supplies Driver Records and Monitoring Services in an electronic format including real-time and batch web -based applications, is operated and controlled by a State of Texas vendor. The vendor is the duly authorized service agent of DPS responsible for processing electronically submitted Driver Records requests and delivering Driver Records and Monitoring Services in the form of a report identifying changes in an individual's driver license status or when any conviction for a traffic offense is reported in a secure, electronic format using the Interactive System. Billing and payment for these services by Entity will also be conducted through the Interactive System. The vendor is obligated to specific performance level requirements, so the vendor has the authority to suspend any Entity account or access to the Interactive System when an Entity's access compromises the operation of the Interactive System. Suspension of such account or access will continue until the compromising condition is resolved to the satisfaction of DPS. 6. Certification of Permissible Use Entity, by signing this Agreement, certifies compliance with all provisions of the federal Driver's Privacy Protection Act, the Texas Motor Vehicle Records Disclosure Act, the Identity Theft Enforcement and Protection Act, and with all other state and federal laws applicable to this Agreement. Entity certifies that its use of Driver Records purchased under this Agreement is for the following permissible purpose only and for no others. Initial all that apply. 1. ( Valid for Certified Abstract) For use by a government agency in carrying out its functions or a private entity acting on behalf of a government agency in carrying out its functions. 2. For use in connection with a matter of (a) motor vehicle or motor vehicle operator safety; (b) motor vehicle theft; (c); motor vehicle product alterations, recalls, or advisories; (d) performance monitoring of motor vehicles, motor vehicle parts, or Rev.7/2022 Page 4 of 15 motor vehicle dealers; or (e) removal of nonowner records from the original owner records of motor vehicle manufacturers. 3. For use in the normal course of business by a legitimate business or an authorized agent of the business, but only (a) to verify the accuracy of personal information submitted by the individual to the business or the agent of the business; and (b) if the information is not correct, to obtain the correct information, for the sole purpose of preventing fraud by, pursuing a legal remedy against, or recovering on a debt or security interest against the individual. .4. (Valid for Certified Abstract) For use in conjunction with a civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self -regulatory body, including service of process, investigation in anticipation of litigation, execution or enforcement of a judgment or order, or under an order of any court. 5. For use in research or in producing statistical reports, but only if the personal information is not published, redisclosed, or used to contact any individual. 6. For use by an insurer, insurance support organization, or self -insured entity, or an authorized agent of an insurer, insurance support organization, or self -insured entity, in connection with claims processing or investigation activities, antifraud activities, rating or underwriting. 7. For use in providing notice to an owner of a vehicle that was towed or impounded and is in the possession of a storage facility. 8. For use by a licensed private investigator agency or licensed security service for a purpose permitted under this section. DP 9. (Valid for Certified Abstract) For use by an employer or an agent or insurer of the employer to obtain or verify information relating to a holder of a commercial driver's license that is required under 49 U.S.C. Chapter 313. 10. For use in connection with the operation of a toll transportation facility or another type of transportation project described by Section 370.003. 11. For use by a consumer reporting agency, as defined by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.), for a purpose permitted under that Act. 12. For use by a motor vehicle manufacturer, dealership, or distributor, or an agent of or provider of services to a motor vehicle manufacturer, dealership, or distributor, for motor vehicle market research activities, including survey research. 13. For use in the ordinary course of business by a person or authorized agent of a person who: (a) holds a salvage vehicle dealer license issued under chapter 2302, Occupations Code; (b) holds an independent motor vehicle dealer or wholesale motor vehicle auction general distinguishing number issued under Chapter 503 of this code; (c) holds a used automotive parts recycler license issued under Chapter 2309, Occupations Code; or (d) is licensed by, registered with, or subject to regulatory oversight by the Rev.7/2022 Page 5 of 25 Texas Department of Motor Vehicles, the Texas Department of Banking, the Department of Savings and Mortgage Lending, the Credit Union Department, the Office of Consumer Credit Commissioner, the Texas Department of Insurance, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Consumer Financial Protection Bureau, or the National Credit Union Administration. DP 14. For use by an employer, principal, general contractor, nonprofit organization, charitable organization, or religious institution to obtain orverify information relating to a person who holds a driver's license or the driving history of a person who holds a driver's license if the person is employed by, works under a contract with, or volunteers for the employer, principal, contractor, organization, or institution. 15. For use in the preventing, detecting, or protecting against identity theft or other acts of fraud. Prior to release of personal information may require additional information. Entity must restrict access to, use of, and disclosure of Driver Records, including Personal Information, to designated personnel solely for the permissible purposes identified in this Agreement. Access to and use of Driver Records by Entity's personnel that are not authorized is strictly prohibited. Entity must comply with the Data Sharing Agreement (Attachment C) that is incorporated into this Agreement by reference. The Rules of Behavior for Individuals Accessing DPS Data (Attachment B) must be completed by the Entity's employees accessing Driver Records. Any access, use, or disclosure not required for the purposes of this Agreement or for any unofficial purpose are strictly prohibited. Violation of the federal Driver's Privacy Protection Act or the Texas Motor Vehicle Records Disclosure Act may result in civil and criminal penalties. 7. Resell or Re -disclosure Entity may not resell re -disclose Driver Records obtained under this Agreement except as specifically provided in this Agreement. Entity may re -disclose Driver Records to a third party requestor (Third Party Requestor) who is an Authorized Recipient and only if Entity enters into a written contract with a Third Party Requestor that requires a Third Party Requestor's compliance with all Agreement requirements, including compliance with the federal Driver's Privacy Protection Act, the Identity Theft Enforcement and Protection Act, and the Texas Motor Vehicle Records Disclosure Act, andthat is for a use authorized by Texas Transportation Code § 730.007. If Driver Records are disclosed as part of Monitoring Services, Entity must require a Third Party Requestor to monitor its entire customer base for Monitoring Services. Any Driver Records or Monitoring Services purchased under this Agreement by Entity are for a single purpose use only and will not be repurposed or used more than one time. Entity will not use a specific Driver Record for multiple Third Party Requestors or multiple uses by a single Third Party Requestor. If Entity resells or re -discloses Driver Records to someone who is not an Authorized Recipient, the Entity may be subject to civil and criminal penalties, including a civil suit that allows for damages or subject to committing an offense classified as a misdemeanor punishable by a fine not to exceed $100,000. If Entity resells or re -discloses Driver Records to Third Party Requestors, it must inform Third Party Requestors that they may not redisclose the personal information to a person who is not an Authorized Recipient. Rev.7/2022 Page 6 of 15 8. Record Creation and Retention Entity must create a record identifying each Third Party Requestor that obtained Driver Records or Monitoring Services (if applicable) from Entity and the legally permissible purpose for which Driver Records or Monitoring Services were obtained. Entity must ensure that each Third Party Requestor will comply with all federal and state laws on the release of the information and all terms, conditions, and obligations of this Agreement. Entity must retain these identifying records for five years following the transfer of any Driver Records or Monitoring Services to a Third Party Requestor of the following: the name of any person or entity to whom the release was made; the date the release was made; the permitted use for which Driver Records or Monitoring Services were released; the written agreement with the Third Party Requestor; and contact information for the Third Party Requestor. 9. Provide Copies of Records and Notification of Release If Entity re -discloses any Driver Records obtained under this Agreement to a Third Party Requestor, Entity must provide access to or copies of those records required in the section entitled "Record Creation and Retention" to DPS immediately upon DPS's request. DPS retains the right to require the records in any applicable format, including electronic or paper. Entity will bear the expense of providing this information to DPS, including any postage or shipping charges. 10. Unauthorized Disclosure Entity must immediately notify DPS of any inadvertent or unauthorized release, disclosure, breach, or compromise of Driver Records obtained under this Agreement as soon as Entity knows or should have known of such unauthorized or inadvertent release, disclosure, breach, or compromise of security. This obligation applies whether the action or omission was by Entity, its employees or agents, or by any person or entity that acquired Driver Records from Entity, either directly or indirectly. If the Interactive System or an information system containing Driver Records is compromised or breached, Entity must provide notice to DPS as soon as possible following the discovery or reasonable belief that there has been unauthorized exposure, access, disclosure, compromise, or loss of sensitive or confidential information referred to as a "Security Incident." a. Within 24 hours of the discovery or reasonable belief of a Security Incident, Entity must provide a written report to DPS detailing the circumstances of the security incident, which includes at a minimum: 1) A description of the nature of the Security Incident; 2) The type and amount of Driver Records involved; 3) Who may have obtained the Driver Records; 4) What steps Entity has taken or will take to investigate the Security Incident; 5) What steps Entity has taken or will take to mitigate any negative effect of the Security Incident; and 6) A point of contact for additional information. Rev.7/2022 Page 7 of 15 b. Each day thereafter until the investigation is complete, Entity must provide DPS with a written report regarding the status of the investigation and the following additional information as it becomes available: 1) Who is known or suspected to have gained unauthorized access to Driver Records; 2) Whether there is any knowledge if Driver Records have been abused orcompromised; 3) What additional steps Entity has taken or will take to investigate the Security Incident; 4) What steps Entity has taken or will take to mitigate any negative effect of the Security Incident; and 5) What corrective action Entity has taken or will take to prevent future similar unauthorized use or disclosure. c. Entity must confer with DPS regarding the proper course of the investigation and risk mitigation. DPS reserves the right to conduct an independent investigation of any Security Incident, and should DPS choose to do so, Entity must cooperate fully by making resources, personnel, and systems access available to DPS and its authorized representatives. d. Subject to review and approval by DPS, Entity must at its own cost, provide notice that satisfies the requirements of Texas Business and Commerce Code Ch. 521 to individuals whose personal, confidential, or privileged information were compromised or likely compromised as a result of the Security Incident. If DPS, in its sole discretion, elects to send its own separate notice, then all costs associated with preparing and providing notice must be reimbursed to DPS by Entity. If Entity does not reimburse such costs within 30 calendar days of DPS written request, DPS will have the right to collect such costs. 11. Deletion of Information Required if not Authorized Recipient Entity must delete from its records any personal information received from DPS if Entity becomes aware that Entity is not an Authorized Recipient of that information. 12. Data Protection a. Entity must further protect Driver Records in accordance with 1 Texas Administrative Code Ch. 202 and Texas Business and Commerce Code Ch. 521. b. Entity and its employees must comply with the requirements found in Attachments Band C. c. Personal information does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government. d. Entity must implement and maintain 'reasonable procedures, including taking any appropriate corrective action, to protect from unlawful use or disclosure of any sensitive personal information collected or maintained by Entity under this Agreement. Rev.7/2022 Page 8 of 15 13. No Separate Database Entity will not retain, store, combine, or link any information from Driver Records or Monitoring Services obtained under this Agreement with any other data or database without the prior written consent of DPS. 14. Acknowledgement and Disclaimer Entity acknowledges that DPS is furnishing Driver Records on an "as is" basis and DPS makes no representation as to the accuracy of any Driver Records furnished. DPS expressly disclaims responsibility for any failure to deliver Driver Records in a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdown of equipment, compliance with new or amended laws, acts of authority exercised by a public official, acts of God or anything that may be classified as a type of force majeure incident that is beyond the reasonable control of DPS and that by exercise of due foresight DPS could not reasonably have been expected to avoid, and which by the exercise of all reasonable due diligence, DPS is unable to overcome, or any other circumstances which may delay or preclude furnishing Driver Records in a timely fashion. 15. Consumer Protection Driver Records furnished under this Agreement must not be used by Entity to engage in any method, act, or practice that is unfair or deceptive, nor will Driver Records be used for marketing, solicitations, or surveys not authorized by law, which includes any prohibition under Texas Transportation Code Chapter 730. 16. Direct Access to Driver Records Entity may not allow any member of the public or any person outside the direct employ or control of Entity direct access to Driver Records under this Agreement for any reason other than Entity's intended and legitimate use of Driver Records. 17. Assignability Entity will not assign, license, or transfer any of its rights, duties, and obligations under this Agreement without the prior written consent of DPS. An attempted assignment in violation of this section is null and void. Any approved assignment will not relieve the assignor of any liability or obligation under this Agreement. Alternatively, if Entity does assign without prior written approval and a novation is impractical or impossible under the circumstances, but DPS does approve the assignment ultimately, then this Agreement will be binding on any successor or assignee. 18. Change of Status This Agreement will automatically terminate if Entity ceases to conduct business, substantially changes the nature of its business, sells its business without a proper DPS-approved assignment, is deceased, if there is a significant change in its ownership, or ceases to qualify for Driver Records and Monitoring Services under the permissible use certified in the section entitled "Certification of Permissible Use" or as otherwise provided in this Agreement. Entity, its successor in interest, or its personal representative must immediately notify DPS in writing of any change in status that may implicate this section. Rev.7/2022 Page 9 of 25 19. Suspension If DPS has a reasonable suspicion or actual confirmation that Entity is not in contract compliance with any requirement for any reason, including data spillage or data breach, DPS reserves the right to immediately suspend access to Entity. DPS may reinstate access following suspension upon DPS's receipt of satisfactory assurances that Entity has corrected all non-compliance and has taken measures to prevent future non- compliance. DPS will not provide an Entity with any changes to a monitored record that occur during a period of suspension once services are reinstated; the DPS system does not have the ability to look back at or track any changes that may have occurred during the period of suspension. Failure to correct any violations to DPS's satisfaction or repeated violations could result in contract termination and permanent cancellation. 20. Incorporation of Other Documents This Agreement, including "Attachment A, Entity's Information Form for Obtaining Interactive Driver Records and Monitoring Services", "Attachment B, Rules of Behavior for Individuals Accessing DPS Data", "Attachment C, Data Sharing Agreement", and Attachment D, Additional Requirements for Bulk Record Purchases under Texas Transportation Code § 521.050" constitutes the entireagreement between the Parties with regard to the matters made to the subject of this Agreementand no oral agreements are binding. 21. Termination a. For Convenience. Either Party may terminate this Agreement for convenience at any time for any reason by giving the other Party 30 calendar days' written notice. If a Party elects to terminate this Agreement for convenience, all unfilled obligations, including the obligation to pay any applicable fees, will remain in full force. In no event will DPS be liable in any way if it terminates for convenience. b. For Cause. DPS may immediately terminate this Agreement for cause for any violation of the terms of this Agreement or for any violation of any state or federal law, rule, or regulation relating to the subject matter of this Agreement. DPS will provide Entity with written notice to terminate this Agreement, which termination will become effective immediately upon Entity's receipt of the notice. If this Agreement is terminated for cause, DPS may refuse to provide Driver Records to Entity in any format. 22. Amendments DPS may amend the terms and conditions of this Agreement from time to time in order to accommodate changes in the records or information furnished under this Agreement and for other reasons deemed appropriate by DPS. 23. INDEMNIFICATION (Does not apply to Governmental Entities) ENTITY MUST DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS AND DPS, AND THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF ENTITY OR ITS AGENTS, EMPLOYEES, OR SUBCONTRACTORS, IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. THE DEFENSE MUST BE COORDINATED BY Rev.7/2022 Page 10 of 15 ENTITY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND ENTITY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. ENTITY AND DPS AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 24. Applicable Law and Venue This Agreement will be governed by and construed in accordance with the laws of the State of Texas as well as any relevant federal law regarding the subject matter. The venue for any suit arising under this Agreement is fixed in any court of competent jurisdiction in Travis County, Texas. Rev.7/2022 Page 11 of 15 25. Notice Any notice required or permitted under this Agreement will be directed to the Parties at the addresses shown below. The following contact person is designated by Entity to receive all notices regarding this Agreement: Leslie Contreras Point of Contact: Alternate Point of Contact: Angela Skidmore Address: 200 S. Texas Ave; Suite 264 City, State, Zip Code: Bryan, Texas 77803 Telephone Number: 979-361-4441 979-446-6300 Cell Phone Number: Fax: N/A Email: riskmanagement@brazoscountyix.gov All correspondence to DPS regarding this Agreement must be mailed to the following address: Department of Public Safety License and Record Service/Online Services P.O. Box 4087 Austin, Texas 78773-0360 (512) 424-5967 Fax: (512) 424-7456 Email: e.Commerce@dps.texas.gov Notices to the Parties at the addresses shown above will be deemed received: (i) when delivered in hand and a receipt granted; (ii) three calendar days after it is deposited in the United States mail by certified mail, return receipt requested; or (iii) when received if sent by confirmed facsimile or confirmed email. Either of the Parties may change its address or designated individual(s) to receive notices by giving the other Party written notice as provided above, specifying the new address and/or individual and the date upon which it will become effective. 26. Compliance with Law Entity must comply with all local, state, and federal laws, rules, and regulations applicable to the subject matter of this Agreement, including but not limited to, the federal Driver's Privacy Protection Act of 1994 and the Texas Motor Vehicle Records Disclosure Act, and any written instructions of DPS related to this Agreement. Violation of the federal Driver's Privacy Protection Rev.7/2022 Page 12 of 15 Act or the Texas Motor Vehicle Records Disclosure Act by Entity may result in civil and criminal penalties. Violation of a term of this Agreement by Entity may be a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, Texas Business and Commerce Code or a Class B misdemeanor under Section 521.062 of the Texas Transportation Code. 27.Office of the Attorney General Entity understands that under Texas Transportation Code § 521.062(d g), the Office of the Attorney General may take certain actions against Entity for violations related to this Agreement. 28. Severability Entity acknowledges that if a dispute between the parties arises out of this Agreement or the subject matter of this Agreement, including a dispute over possibly ambiguous language, they would want the court to interpret this Agreement as follows: 28.1 With respect to any provision that it holds to be unenforceable, by modifying that provision to the minimum extent necessary to make it enforceable or, if that modification is not permitted by law, by disregarding that provision; 28.2 If an unenforceable provision is modified or disregarded in accordance with this section, by holding that the rest of the Agreement will remain in effect as written; 28.3 By holding that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable; and 28.4 If modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this Agreement, by holding the entire Agreement unenforceable. 29. Audit and Inspection Entity is subject to audit and inspection,. at any time during normal business hours and at a mutually agreed upon location, by the Texas State Auditor's Office, DPS, or any other department or agency responsible for determining that the Parties have complied with applicable law. Entity must provide all reasonable facilities and assistance for the safe and convenient performance of any audit or inspection and Entity must provide any such records and documents to DPS, the Texas State Auditor's Office, or applicable agency upon request. Entity must keep all records and documents regarding this Agreement for the term of this Agreement and for five years after the termination of this Agreement. If DPS requests information from the Entity or a Third Party Requestor to determine if they have complied with applicable law or this Agreement, they must provide the requested information no later than the fifth business day after DPS submits the request unless DPS extends the deadline. 30. Survival Any provisions of this Agreement that impose continuing obligations on Entity will survive the expiration or termination of this Agreement. Rev.7/2022 Page 13 of 15 31. Term of Agreement The term of this Agreement is effective on the last date signed in the Agreement section entitled "User Acceptance of Agreement" and will continue in full force and effect for a term of five years from that full execution date. 32. Acceptance of User Agreement By signing this agreement, Entity agrees to the terms and conditions of this Agreement and all incorporated Attachments. In order to receive any Driver Records and driver record monitoring services, an authorized signatory, the Chief Information Officer (CIO), and the Chief Information Security Officer (CISO) must sign this Agreement. Entity may not use the records if it does not accept the Agreement and all incorporated Attachments in their entirety. Chief Information Security Officer Insert signatory name and title here. Kevin Joyner Chief Information Security Officer Signature Date: j 2 p `2-3 Entity's Authorized Representative Insert signatory name and title here., e. Peters 11 ountyJu e Signature Date: Q a Co 01� Chief Information Officer Insert name and title here. Eric Caldwell Chief Information Officer Signature Date: V9 29 Zoz3 Rev.7/2022 Page 14 of 15 ATTACHMENT A ENTITY'S INFORMATION FORM D/B/A, if applicable (including names of all subsidiaries and companies comprising part of this Entity: County of Brazos, AKA: Brazos County, TX Federal Tax Identification Number: 74-6000433 List all web address internet sites (Uniform Resource Locator—URL), Facebook, or Twitter accounts used or possessed by Entity: Official Brazos County Twitter; Facebook and YouTube include the following separate accounts: Brazos County Sheriff's Office; Road and Bridge; Community Emergency Operations Center and Emergency Management; 2 Event Facilities; Fair and Rodeo; Nature of Entity's Business Activities and Practices: Brazos County, a local government entity and political subdivision of the State of Texas. Brazos County has activities that include but are not limited to: road and bridge repairs and maintenance, court activities, law enforcement activities and other county govern. associated business. Detailed explanation of the intended use of Driver Records and Monitoring Services obtained from DPS (describe how the exemption qualifies for the purchase of Driver Records and Monitoring Services): As a political subdivision of the State of Texas, Brazos County employs individuals with a class A through C driver's licenses that operate county owned vehicles for constructio and other county government activities. Since Brazos County requires Commercial Driver's License holders and employs other safety sensitive positions; Brazos County is required to comnly with the US Transportation Code 31304 and the Federal Motor Carrier Safety Administration Regulations 730.007 and 730. The County will also verify records of its empioyees driver status with the consent of the license holder, in accordance with state law. /2022 Page 15 of 15 If Entity intends to release Driver Records to a Third Party Requestor, explain what safeguards or assurances are in place to meet the requirements of this Agreement and provide a copy of the written contract between Entity and the Third Party Requestor: N/A If Entity does not intend to release Driver Records to a Third Party Requestor, state so below: Brazos County does not intend to release any records to third party requesters. Rev.7/2022 Page 16 of 15 ATTACHMENT B Rules of Behavior for Individuals Accessing DPS Data Purpose This document delineates the responsibilities and expected behavior of all individuals that use and have access to data provided by the Department of Public Safety of the State of Texas (DPS). Additionally, this document fosters the comprehensive knowledge of and compliance with the DPS rules of behavior as a condition for continued data access and sets forth requirements for verification of understanding with the rules as documented. DPS data users will be held accountable for their actions and are responsible for securing the data and resources in accordance with the DPS rules of behavior. All persons requiring access to DPS data must read, understand, and formally acknowledge those rules of behavior by signing this agreement prior to being granted access to DPS data. User Rules of Behavior 1. 1 understand that I am required to perform my official duties when given access to DPS data. 2. [must restrict disclosure of DPS data to only those with a business need and are authorized to receive the information. 3. 1 must not send or store DPS sensitive or confidential information to a personal e-mail account. 4. 1 must take every precaution to prevent unauthorized individuals from observing display output. (Use privacy screens, keep computer screens from facing windows or doors, etc.) 5. 1 must log off or lock my workstation or laptop computer, or l must use a password - protected screensaver, whenever I step away from my work area, even for a short time. 6. 1 must not transmit DPS sensitive or confidential information unencrypted outside the secure network. 7. 1 must securely store all removable media containing DPS data when not in use. 8. 1 will ensure DPS sensitive or confidential data stored on removable or portable media is AES 256 encrypted, and the media is marked with the appropriate data classification. 9. 1 will comply with the DPS password policy. 10.1 will immediately report security violations and incidents involving DPS data to my supervisor and DPS Cyber Security. ATTACHMENT B Rules of Behavior for Individuals Accessing DPS Data Purpose This document delineates the responsibilities and expected behavior of all individuals that use and have access to data provided by the Department of Public Safety of the State of Texas (DPS). Additionally, this document fosters the comprehensive knowledge of and compliance with the DPS rules of behavior as a condition for continued data access and sets forth requirements for verification of understanding with the rules as documented. DPS. data users will be held accountable for their actions and are responsible for securing the data and resources in accordance with the DPS rules of behavior. All persons requiring access to DPS data must read, understand, and formally acknowledge those rules of behavior by signing this agreement prior to being granted access to DPS data. User Rules of Behavior 1. 1 understand that I am required to perform my official duties when given access to DPS data. 2. 1 must restrict disclosure of DPS data to only those with a business need and are authorized to receive the information. 3. 1 must not send or store DPS sensitive or confidential information to a personal e-mail account. 4. 1 must take every precaution to prevent unauthorized individuals from observing display output. (Use privacy screens, keep computer screens from facing windows or doors, etc.) 5. 1 must log off or lock my workstation or laptop computer, or I must use a password - protected screensaver, whenever l step away from my work area, even for a short time. 6. 1 must not transmit DPS sensitive or confidential information unencrypted outside the secure network. 7. 1 must securely store all removable media containing DPS data when not in use. 8. 1 will ensure DPS sensitive or confidential data stored on removable or portable media is AES 256 encrypted, and the media is marked with the appropriate data classification. 9. [will comply with the DPS password policy. 10. l will immediately report security violations and incidents involving DPS data to my supervisor and DPS Cyber Security. Acknowledgement I acknowledge that I have read and received a copy of the signed Data Sharing Agreement signed by DPS and Entity. I acknowledge that I have read and understand the Rules of Behavior and must comply with them. Name of User (printed): /" za- A (A Q "C' K it S Supervisor's Name: L is S LLs Co of I, tz 9 6« S d L7-1 ZOz 3 (User Signature) (Date) ATTACHMENT B Rules of Behavior for Individuals Accessing DPS Data Purpose This document delineates the responsibilities and expected behavior of all individuals that use and have access to data provided by the Department of Public Safety of the State of Texas (DPS). Additionally, this document fosters the comprehensive knowledge of and compliance with the DPS rules of behavior as a condition for continued data access and sets forth requirements for verification of understanding with the rules as documented. DPS data users will be held accountable for their actions and are responsible for securing the data and resources in accordance with the DPS rules of behavior. All persons requiring access to DPS data must read, understand, and formally acknowledge those rules of behavior by signing this agreement prior to being granted access to DPS data. User Rules of Behavior 1. 1 understand that I am required to perform my official duties when given access to DPS, data. 2. 1 must restrict disclosure of DPS data to only those with a business need and are authorized to receive the information. 3. 1 must not send or store DPS sensitive or confidential information to a personal e-mail account. 4. 1 must take every precaution to prevent unauthorized individuals from observing display output. (Use privacy screens, keep computer screens from facing windows or doors, etc.) 5. 1 must log off or lock my workstation or laptop computer, or I must use a password - protected screensaver, whenever I step away from my work area, even for a short time. 6. 1 must not transmit DPS sensitive or confidential information unencrypted outside the secure network. 7. [must securely store all removable media containing DPS data when not in use. 8. 1 will ensure DPS sensitive or confidential data stored on removable or portable media is AES 256 encrypted, and the media is marked with the appropriate data classification. 9. 1 will comply with the DPS password policy. 10. 1 will immediately report security violations and incidents involving DPS data to my supervisor and DPS Cyber Security. Acknowledgement I acknowledge that I have read and received a copy of the signed Data Sharing Agreement signed by DPS and Entity. I acknowledge that I have read and understand the Rules of Behavior and must comply with them. Name of User (printed): fimeeA Supervisor's Name: 1�2 (User Signature) (Date) , Acknowledgement I acknowledge that I have read and received a copy of the signed Data Sharing Agreement signed by DPS and Entity. l acknowledge that I have read and understand the Rules of Behavior and must comply with them. Name of User (printed); Leslie Contreras Supervisor's Name; Duane Peters 08-29-2023 (User Signature) (Date) ATTACHMENT C Data Sharing Agreement for Release of Driver Records 1.0 Data Sharing Statement The requirement for data sharing between the Department of Public Safety of the State of Texas (DPS) and Entity exists for the sole purpose to deliver driver records under Texas Transportation Code Chapters 521 and 730. 2.0 Security 2.1 General Description of Information Sensitivity Confidentiality, integrity, and availability requirements and standards are derived from the Criminal Justice Information Services (CJIS) Security Policy (http://www.fbi.gov/about- us/cjis/cjis-security-policy-resource-center/),1 Texas Administrative Code §202.1 etseq., and DPS General Manual Chapters 25, Cyber Security, and 26, Information Resource Policy. The DPS General Manual Chapters are incorporated by reference. 2.2 Trusted Behavior Expectations/Rules of Behavior Entity must protect DPS data in accordance with this DSA. Entity will provide a copy of this DSA to all authorized personnel. 2.3 Formal Security Policy DPS developed these procedures under this DSA to ensure the protection of DPS data when it is being provided to outside entities. Entity must comply with the procedures of this DSA for all systems used to store, process, or transmit DPS data. DPS may modify these requirements in its discretion, in accordance with its cyber security policies. 2.4 Administrative Security Entity must comply with the following administrative security procedures: a. Entity must use host systems that have an approved warning banner displaying a message of consent to monitoring and that unauthorized use is subject to criminal prosecution or criminal or civil penalties, prior to login. b. Entity must ensure that host systems that contain any DPS data are used for official purposes only. c. Entity must appropriately safeguard all DPS data and only release it to authorized individ ua Is. d. Entity may not share DPS's data with an entity except in accordance with the terms of this Agreement. 2.S Identification and Authentication The purpose of authentication is to provide reliable identification for access to data or information systems. Entity must maintain the identity of active users, linking actions to specific users, and all other identification and authentication requirements. Mon -repudiation must be maintained for each user accessing DPS data. 2.6 Audit Trail and Review An audit trail is a chronological record of system activities that is sufficient to enable the reconstruction, review, and examination of the sequence of environments and activities surrounding or leading to each event in the path of a transaction from its inception to the final output. Entity must comply with the following audit trail procedures: a. Entity information systems that process DPS data will produce an audit trail that records, for all users, the following at a minimum: • The identity of each person and device that accesses or attempts to access the system or application • Start-up and shutdown of the audit functions • Successful use of the user security attribute administration functions • All attempted uses of the user security attribute administration functions • Identification of which user security attributes have been modified • Successful and unsuccessful logons and logoffs • Unsuccessful access to security relevant files including creating, opening, closing, modifying, and deleting those files • Changes in user authenticators • Blocking or blacklisting user IDs, terminals, or access ports • Denial of access for excessive logon attempts • System access by privileged users (privileged activities at the system, either physical or logical consoles) and other system -level access by privileged users). Users may not have administrative privileges to local systems unless the systems are standalone. • Starting and ending times for each access to the system. b. For analysis purposes, Entity must retain audit trails for at least one year or in accordance with Entity security policy, whichever is longer. c. All audit trails must be protected from actions such as unauthorized access, modification, and destruction that would negate their forensic value. 2.7 Logical Access Control Logical access controls provide a technical means to control user access to information and system resources. They control what information users can access, the programs they can run, and the modifications they can make. Entity must comply with the following logical access controls: a. The identity of the user must be established before access to DPS data is granted. b. Users will have access only to data to which they are entitled (the principle of least privilege will be enforced). c. Entity information systems processing DPS data will automatically disconnect or otherwise deny access to a user after three failed logon attempts. d. Entity information systems processing DPS data will initiate a session lock or termination after a maximum of 30 minutes of inactivity and require the user to reauthenticate to regain access. 2.8 Password Management Password management includes the generation, issuance, and control of the passwords that support authentication. Entity must comply with the following password management for access to DPS information: a. Password management must meet the requirements of DPS security policy at minimum; however, Entity is authorized to implement password requirements that exceed DPS security policy. To comply with DPS security policy, passwords must: (1) Be a minimum length of 8 characters; (2) Contain a mix of upper and lower case characters, numeric characters, and special characters; (3) Not be a dictionary word or proper name; (4) Not be the same as, or contain, the User ID; (5) Expire within a maximum of 90 calendar days; (6) Not be identical to the previous 10 passwords; (7) Never be displayed in clear text on the screen; and never be written down and stored physically. b. Passwords considered re -usable must be encrypted during transmission. c. Passwords must be stored in an encrypted form in a protected password file to ensure confidentiality. d. If the security of a password is in doubt, the password must be changed immediately. 2.9 Software Security Entity must use anti -virus protection software. Entity must manage the anti -virus protection software to include upgrades, updates, modifications, corrections, patches, plugins, etc., that may be required to keep the software current and effective. 2.10 Telecommunications Security Telecommunications security is concerned with the protection of data during transmission. Entity must comply with the following telecommunication security requirements: a. All data must be protected during transmission in compliance with Federal Information Processing Standard (FIPS)140-2 approved cryptographic modules and 1 Texas Administrative Code § 202.1 et seq. b. All passwords must be protected during transmission using a mechanism that is compliant with Federal Information Processing Standard (FIPS)140-2 approved cryptographic modules and 1 Texas Administrative Code § 202.1 et seq. 2.11 Media Security Entity must apply the following policies for marking and disposition of tapes, flash drives, hard drives, printouts, or any other media containing sensitive or confidential data: media containing sensitive or confidential data must be labeled with the appropriate data classification (e.g., Sensitive, Confidential). Prior to release or disposal, electronic media containing sensitive or confidential data must be completely erased or destroyed using DPS authorized methods, which align with CIS Security Policy section 5.8.3. 2.12 Incident Response An information system incident is an unexpected, unplanned event that could have a negative effect on information technology resources. A security incident is an event that violates security policies or circumvents security mechanisms (e.g., hostile probes, intrusions, malicious software), and may lead to the unauthorized exposure, access, disclosure, compromise, or loss of DPS information. Entity must comply with the following incident response policy: a. In the event of a confirmed security Incident, Entity must notify the DPS Chief Information Security Officer (CISO) in writing within four hours of discovering the incident or being notified of an incident that involves any DPS data. b. If a security incident is suspected, but not yet confirmed, Entity must notify the DPS Chief Information Security Officer (CISO) in writing within 24 hours of discovering the potential incident or being notified of a potential Incident that Involves any DPS data. c. In the event of a security incident where Entity has detected or confirmedan intrusion, the DPS CISO, or the CISO's designated agent, will have authority to suspend the transmission of any DPS data to Entity until it has proven recovery to a secure state that can ensure the confidentiality of DPS data. In addition, Entity must also promptly provide DPS with a copy of any incident reports involving DPS data. 2.13 Training and Awareness Entity must ensure that all Entity end users receive initial and annual DIR-certified security awareness training.in addition, Entity must ensure all users (persons and entities) sign the Rules of Behavior Agreement, Attachment B, prior to those users having access to any DPS data. 3.0 Roles and Responsibilities 3.1 Entity Responsibilities Entity must: a. Protect all Personal Identifying Information in accordance with Texas Business and Commerce Code § 521.001(1) and 1 Texas Administrative Code § 202.1 et seq. b. Provide proof of compliance with security documents when requested to do so by DPS. c. Ensure appropriate protection of all security documents. d. Maintain copies of signed Rules of Behavior for every authorized user. e. Have complete responsibility for all cyber security controls. f. Have complete responsibility for encryption of all system components in accordance with Federal Information Processing Standard (FIPS) Publication 140-2. g. Maintain all logical access controls and password management. h. Maintain all system software, anti -virus protection, encryption, and operating systems, to include all upgrades, updates, patches, plugins, etc. i. Only grant users access to data they need to perform their official functions. j. Not share DPS's data outside Entity unless otherwise authorized under this Agreement. k. Ensure that it, and any entity that it shares DPS's data with, complies with the requirements in this data agreement if Entity shares or sells DPS' data. I. Report any security breaches involving Entity (or shared entity or users) to the DPS CISO. m. Implement the necessary procedures to ensure that Entity is secure from any unauthorized use. n. Ensure that any individual requesting access to DPS data is authorized to receive it. Unauthorized request or receipt of data could result in criminal proceedings brought against the Entity and the individuals or entities involved. o. Ensure all users complete the required security awareness training prior to access, and annually thereafter. p. Disseminate user manuals and other related publications as required. q. Conduct investigations relating to possible fraud, waste, and abuse. 3.2 DPS Responsibilities DPS will: a. Protect all Personal Identifying Information in accordance with Texas Business and Commerce Code § 521.001(1) and 1 Texas Administrative Code § 202.1 etseg. b. Ensure appropriate protection of all security documents. c. Maintain communication with Entityto ensure operational needs are being met. d. Manage security incident assessment and response. ATTACHMENT D Additional Requirements for Bulk Record Purchases under Texas Transportation Code § 521.050 Texas Transportation Code § 730.014 imposes additional requirements for Entities who purchase Driver Records in the bulk format under Texas Transportation Code § 521.050. These include the posting of a performance bond and providing proof of general liability and cyber-threat insurance coverage. The bond and insurance requirements do not apply to a governmental entity. 1.0 Bond for Bulk Record Purchase (not applicable to governmental entities) A performance bond in the amount -of $1,000,000 will be required before Entity can receive Driver Records in the bulk format under Texas Transportation Code § 521.050. Said bond will be solely for the protection of the State of Texas. 2.0 Insurance (not applicable to governmental entities) Entity must provide proof of at least $3,000,000 in general liability and cyber-threat insurance coverage, but notwithstanding that minimum, the coverage must be reasonably related to the risks associated with unauthorized access and use of the Driver Records. Entity must provide proof of and maintain for the term of the Agreement no less than the minimum insurance coverage specified. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance. DPS does not accept "self-insurance" coverage. All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of "A" or better from A.M. Best Company, Inc. All insurance policies for required coverage must be issued by companies authorized to do. business under the laws of the State of Texas and in a form satisfactory to DPS. All required insurance contracts must: (1) be written on a primary and non-contributory basis with any other insurance coverages Respondent currently has in place; and (2) include a Waiver of Subrogation Clause. Entity must: A. provide all required written documentation under this section to DPS. B. ensure all insurance policies and certificates of insurance for required coverage are written to include all the risks associated with unauthorized access and use of the Driver Records. There must be sufficient coverage to cover any losses, security breaches, privacy breaches, unauthorized distributions, or releases or uses of any data transferred to or accessed by Entity under or as a result of this Agreement. This includes response required under Tex. Bus. & Com. Code Chapter 521. C. ensure that all required policies contain endorsements prohibiting cancellation except upon at least 30 days' advanced written notice to DPS. D. deliver all copies of changes to insurance coverage (including extensions, renewals, cancellations, and revisions) at least ten calendar days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract. E. ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include Entity's obligations under the Agreement. F. obtain and maintain insurance policies that provide coverage for Entity's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under this Agreement. 3.0 Notice of Breach If Entity experiences a breach of system security as defined by Texas Business & Commerce Code § 521.053 that includes data obtained under Texas Transportation Code § 730.007, Entity must notify DPS of the breach not later than 24 hours after the discovery of the breach. 4.0 Annual Report to DPS of Resell and Re -disclosure Entity must annually provide to DPS a report of all third parties to which the personal information was sold or disclosed under this section and the purpose of the resell or re -disclosure. 5.0 Prohibition on Resell or Re -disclosure for Marketing Vehicle Warranties Entity may not resell or re -disclose Driver Records for the purpose of marketing extended vehicle warranties. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Risk Management NUMBER: DATE OF COURT MEETING: 9/26/2023 ITEM: Approval requested from Risk Management for payment to Lloyd Wasserman in the amount of $184.00 for water line and plumbing damages. The water line was damaged by County equipment during road construction. TO: FROM: DATE: FISCAL IMPACT - BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: file a e Wasserman Claim,pdf Signed Release of Claims,pdf Commissioners Court Leslie Contreras 09/20/2023 False False $0.00 DRSCEIPADn Claim Documents Release of Claim against the County T_gF_oe Backup Material Backup Material APPRO Duane Peters Date County Judge BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Risk Management NUMBER: DATE -OF COURT MEETING: 9/26/2023 ITEM: Approval requested from Risk Management for payment to the City of College Station in the amount of $265.89 for tire repairs. Tires were damaged by County equipment. TO: Commissioners Court FROM: Leslie Contreras DATE: 09/20/2023 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name DescriP Tvoe Release of Claims Signed 564.2743 (1).pdf City of College Station Release of Claim Backup Material Inwlce Goodyear 41-54 564.2743.pdf Materials estimate Backup Material Labor 564.2743.pdf Labor Estimate Backup Material APPR® 7 Duane Peters Tate County Judge September 2023 Destruction Surplus Location Received From Asset # Serial Number Asset Type Asset Description Surplus JP#1 N/A N/A Furniture Small broken wooden shelf Surplus JP#1 N/A N/A Furniture Small side table with broken wheel Surplus JP#1 N/A N/A Furniture 2 Gray Office Chairs Surplus JP#1 N/A N/A Furniture Red Side chair Surplus JP#1 N/A N/A Furniture Maroon Leather Chair Surplus JP#1 N/A N/A Furniture Small wooden bench Surplus JP#1 N/A N/A Furniture 4 cracked office chair mats Ap rove by Co missi n is Court on this ORD holding the day o6-�, Em�'�"� 2023 by position of CVt-&Ntr4 :ZAt)G E FIRST CONTRACT RENEWAL PARTICIPATING ENTITY SERVICES AGREEMENT FOR THE STATEWIDE AUTOMATED VICTIM NOTIFICATION SERVICE (SAVNS) Contract No. 20222344900-319-01 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 Brazos County as a Participating Entity and VENDOR executed a Participating Services Agreement identified as Contract No. 20222344900-319-01 under which VENDOR would provide SAVNS to Brazos County (the "Contract"); WHEREAS SECTION 1 of the Contract permitted the Brazos County to, in its sole and absolute discretion, renew the Contract, for one (1) additional one (1) year renewal terms (each a "Renewal Term") to the extent the OAG Certification Agreement, remains in effect; WHEREAS the OAG exercised its option to renew the OAG Certification Agreement, extending the term thereof to August 31, 2024; NOW, THEREFORE, THIS FIRST CONTRACT RENEWAL is exercised by Brazos County as follows: The Contract terminated on August 31, 2023. The Contract is hereby renewed, with this First Contract Renewal Term ("First Renewal Term") to begin on September 1, 2023 and end of August 31, 2024. Pursuant to Section 1 of the Contract, this First Renewal Term and any subsequent renewals, shall be subject to all specifications and terms and conditions of the Contract, the OAG Certification Agreement, and the Incorporated Documents as defined in Section 2 therein. Signature Name by: Acknowledged by Appriss Insights, LLC Signature Date couKIT4 Tu0coe Title 9/8/23 Date Name Jarrod Carnahan Title VP, Government & Vine Services AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN COUNTY OF BRAZOS, TEXAS AND ION WAVE TECHNOLOGIES, LLC This Amendment Number 1 entered into and effective on October 1, 2023, modifies the Master License and Services Agreement ("Agreement") between the County of Brazos, Texas, ("Client") and Ion Wave Technologies, LLC ("IWT") entered into on April 1, 2018 as follows: 1. Definitions: All definitions set forth in the Agreement shall have the same meaning unless stated otherwise in this Amendment. 2. This Amendment Number 1 is issued to extend the term of the previous Agreement and remove the Contract Module license subscription. 3. All other terms and conditions of the Agreement remain unchanged. [Remainder of page left intentionally blank — Exhibit A-1 ] Exhibit A-1 Licensed Products License Grant. IWT Grants to Client, in accordance with and subject to the terms and conditions set forth in this Agreement, a license to the Wr products as specified below: (i) IWT Sourcing subject to the following terms and restrictions: • The license grant shall be for a five (5) year period starting upon the execution of this Agreement, with usage limited to Client employees. • The iWT Sourcing license shall include the Electronic Bidding (eRFx) and Supplier Management/ Registration Modules. The Contract Management module, Reverse Auction module, the Bid Evaluation Scoring module, and any future modules released by IWT are specifically excluded. Client may purchase additional modules and Incorporate an additional Exhibit into this agreement. The cost of the license shall be paid annually as outlined in the payment section below. 2. Support Services. IWT will provide Support Services to the Client, in accordance with and subject to the terms and conditions set forth In this Agreement, as specified below: (i) Support and Maintenance: • IWT will provide Support Services as detailed in Exhibit B for the products listed above during the license period at no additional cost to Client. 3. Payment. Payment for the license fees shall be due as follows: (i) $16,500 Annual License Fees due October 1, 2023 for the service period 10/01/2023 to 09/30/2024. (ii) $17,000 Annual License Fees due October 1, 2024 for the service period 10/01/2024 to 09i30/2025. (iii) $17.500 Annual License Fees due October 1, 2025 for the service period 10/01/2025 to 09/30/2026. (iv) $18,000 Annual License Fees due October 1, 2026 for the service period 10/01/2026 to 09/30/2027. (v) $18.500 Annual License Fees due October 1, 2027 for the service period 10/01/2027 to 09/3012028. 4. Non Appropriation. Client intends to remit to IWT all payments for the full term if funds are legally available. In the event Client is not granted an appropriation of funds at any time during the term for the funds and are not, otherwise available to Client to pay Wr payments due and to become due under this Agreement, and there is no other available funds by which payment can be made to IWT, and the non —appropriation did not result from an act or omission by Client, Client shall have the right to terminate this Agreement on the last day of the fiscal period for which appropriations were received without penalty or expense to Client, except as to the portion of the payments for which funds shall have been appropriated and budgeted. At least ninety (90) days prior to the end of Client's fiscal period, Client's Business Services Executive Director shall certify in writing that (1) funds have not been appropriated for the next fiscal period, (b) such non -appropriation did not result from any act or failure to act by Client, and (c) Client has exhausted all funds legally available to pay IWT. If Client terminates this Agreement because of non -appropriation of funds, Client may not purchase or lease during the subsequent fiscal period, software and/or service performing the same function as, or functions taking the place of those performed by the software and/or service provided by IWT; however, that these restrictions shall not be applicable if or to the extent that the application of these restrictions would affect the validity of this Agreement. 5. Cooperative Contract. This purchase is made in accordance with the Choice Partners cooperative contract #211062KN- 02 for Electronic Procurement Software. IN WITNESS WHEREOF, each party hereto has caused this Exhibit to be executed and amended to the Agreement by its duly authorized representative. IWT: Ion Wave Technolo les LLC IWT Client. oun azos xas Signed: Signed: Printed Name: Darren Henderson Printed Name. Printed Title: CEO Printed Title: co u wry Date: 08/04/2023 Date: in IONVnv nolagres THIS MASTER LICENSE AND SERVICES AGREEMENT (the "Agreement"), Is made and entered Into as of this the 11t day of April, 2018 ("Effective Date"), by and between Ion Wave Technologies, Inc., a Missouri corporation having its principal offices located at 3653 South Avenue, Springfield, Missouri 66807 ("IWT') and the County of Brazos having its principal offices located at 200 South Texas Avenue, Bryan, Texas 77803 ('Client'). WHEREAS, IWT is engaged in the business of the development, marketing, and support of Internet based software of all types. NOW THEREFORE, in consideration of the premises, covenants, and mutual promises contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Software Licensing and Use 1.1 License Grant. In accordance with and subject to the terms and conditions provided herein and in consideration of payment of the license fees set forth in any Exhibit A, IWT hereby grants to Client and Client accepts from IWT a non-exclusive, non- transferable license to use the IWT products specified in Exhibit A, collectively or individually referred to as the "Licensed Products", solely for its internal business purposes. Any rights not granted herein are reserved to IWT. 1.2 Access. Access to and usage of the.Licensed Products shall be limited to Clients internal business purposes, specifically defined as the operation of Client's purchasing department. Access to the Licensed Products shall be limited to the Client end user community, as defined In Exhibit A. Unless specified In Exhibit A, Client will not permit others, Including but not limited to subsidiaries, affiliates, and contractors, to access or use the Licensed Products, nor will Client use the Licensed Products on their behalf. 1.3 Use Limits. Client is prohibited from performing any load testing against IWT's hosted production environments, without the prior express written permission of IWT. Client is prohibited from reverse engineering, decompiling, and disassembling the Licensed Products. 1.4 Work Products. Any Work Products, as defined below, that are software, shall be subject to the same license limitations of this Agreement and any additional limitations as set forth in any Exhibit hereto.. 1.5 Rent, Lease, and Sublicense Restrictions. Client shall not rent, lease, sublicense, grant a security Interest In, or otherwise transfer the Client's right to use and possess the Licensed Products, in whole or part. 1.6 Copies and Proprietary Notices. Any Licensed Products, together with any accompanying technical or system documentation that is delivered to Client pursuant to this Agreement shall not be copied, except that one (1) copy may be made for backup or archival purposes, provided any such copy is clearly marked as proprietary to IWT, licensed to Client, and contains IW79 proprietary notices. Client shall be permitted to make additional copies of documentation specifically designated for training of and users. Client shall not remove any proprietary notices or labels on the Licensed Products or Its documentation. 1.7 Violation. Violation of any provision of this Section 1 shall breach the Agreement and be the basis for immediate termination of this Agreement and the corresponding license grant to the Licensed Products with no refund to Client of fees paid to IWT. 2. Maintenance and Support 2.1 Support Services. Subject to the payment of the applicable licensing and support fees as set forth In Exhibit A, IWT shall provide Client with the maintenance and support services as set forth in Exhibit B of this Agreement ("Support Services") for the Licensed Products. Exhibit B may be updated from time to time at IWT's sale discretion, provided said updates do not materially diminish the Support Services provided to Client without Client's consent. 2.2 Payment and Term. Provided that this Agreement and the license for the applications which the Support Services are to be performed has not been terminated, IWT will provide Support Services as specified in Exhibit B of this Agreement for the support fees indicated in Exhibit A. In the event (1) IWT has not received payment for the next annual period's applicable license or support fees, prior to the last day of the current term; and/or (i1) this Agreement and/or the license is no longer in effect, Support Services shall be discontinued. 2.3 On -Site Services. Support Services do not include any on -site services. At Clients request, IWT may provide technical, operational or other assistance orconsulting in excess of the standard Support Services at IWT's standard hourly rate then In effect. 3 Professional Services 3.1 Professional Services. IWT shall provide Client with professional consulting services as described in the Statements of Work ("SOW") to be attached as Exhibit C hereto ("Professional Services"), which SOW by its express terms shall amend this Agreement. Any additional services beyond those described In any Exhibit C shall be at the mutual, written agreement of the parties. 3.2 Client Obligations. In order to facilitate the provision of the Professional Services by IWT, Client shall have installed the recommended hardware and software and will have completed the required preparatory work described in the Exhibits) attached hereto. Ion Wave Technologies, Inc. Confidential Master License & Services Agreement Page 1 of 1 o 3.3 Contact Person. Each party will appoint in writing, in the applicable Exhibit, an employee or agent of such party to act as 'the "Contact Person" for all communications between the parties related to the Professional Services. Each party may change its Contact Person upon written notice to the other. 4 Proprietary Rights 4.1 Ownership. Client acknowledges and agrees that, as between Client and IWT, IWT Is the sole and exclusive owner of all right, title and interest in and to the Licensed Products, as well as all alterations, modifications, additions, and derivative works made with respect to the Licensed Products and ail work products produced from the Professional Services performed under the SOW ("Work Products"). Except as expressly permitted or required hereby: (1) Client shall have no right or license to the Licensed Products or Work products; and (11) Client shall not use, reproduce, publish, or make available to others, modify, or create any derivative works of, all or any part of the Licensed Products or Work products. 4.2 License Rights. Nothing in this Agreement or any Exhibit hereto shall in anyway enlarge or extend Client's license rights In the Licensed Products, with respect to the materials that IWT delivers to Client pursuant to any SOW. 4.3 Client Data. Any client data and any materials or equipment furnished to IWT by Client In connection with any of the Professional Services provided under an Exhibit shall be deemed proprietary to Client 4.4 Tradema'rks. All trademarks, service marks, trade names and logos of IWT appearing on or within the Licensed Products or Work Products used in connection with the Support Services or the Professional Services provided by IWT are the property of IWT and Client shall not use them without IWTs prior written approval. 5 Fees and Payment Terms 5.1 Fees. Client will pay IWT the fees as set forth in the Exhibits. Except for initial payments, which payments, unless provided otherwise, shall be due and payable upon the execution of this Agreement and any Exhibit hereto, IWT will submit to Client an invoice for the amounts due. Unless provided otherwise, all Invoices submitted by IWT shall be due and payable in full, without reduction for any offset, withholding or other claims, within thirty (30) days of the date thereof. Any amounts payable to IWT hereunder, which are not paid when due, shall thereafter bear interest at the rate of one and one-half percent (1.50/0) per month or the maximum amount permitted by applicable law, whichever is less. 5.2 Taxes. Fees do not include any taxes. Client shall be responsible for all applicable taxes, including VAT and regulatory fees of any kind imposed by any government on any deliverable provided under this Agreement, provided, however that MIT shall be responsible i'ar all taxes based solely upon 1WT's Income. If Client is exempt from the payment of any such taxes, upon execution of this Agreement, Client must provide IWT with a valid tax exemption certificate (or documentation proving exemption acceptable to the taxing jurisdiction); otherwise, absent proof of Client's direct payment of such tax amounts to the applicable taxing authority, IWT will invoice Client for and Client will pay to IWT all such tax amounts. Client shall indemnify and hold IWT harmless in the event any taxing authority seeks to collect any tax, required to be paid by Client pursuant to this section, from IWT. 5.3 Travel Expenses. Unless otherwise specified in the Exhibits, IWT shall be reimbursed by Client for all reasonable travel and living expenses and travel time. IWT shall Invoice Client for such actual expenses monthly or on such other schedule at IWTs sole discretion. 5.4 Non -Payment. As opposed to exercising its right to terminate an Exhibit or this Agreement in its entirety, 1WT may, at IWT's sole discretion, suspend performance of any obligations under the applicable Exhibit for nonpayment, but only until such time as payment is made. 5.5 Currency. All fees are stated In US dollars and are payable in US currency. 5.6 Invoices. All invoices to Client shall be mailed or emailed to the following address, which may be changed from time to time, provided Client provides IWT with written notice of such change: County of Brazos, Texas Attn: Accounts Payable clo Charles Wendt 200 S Texas Ave Bryan, TX 77803 Email: cwendt01brazoscountvtx.cov 6 Term and Termination ' 6.1 Term and Termination. The term of this Agreement shall commence on the Effective Date and will run for the periods as indicated in the Exhibits. 6.2 Termination for Breach. This Agreement may be terminated by either party upon a breach by the other party of any material term of the Agreement or its Exhibits, which breach is not cured (unless such breach Is incapable of cure, such as breach of the restrictions on use and license grant described herein or of any confidentiality agreement between the parties hereto) within thirty (30) days of written notice of the breach. Upon termination for breach, all use and access to the Licensed Products shall cease and Client shall immediately realm to IWT or destroy all copies of the Licensed Products, together with all documentation and any other IWT proprietary information in its possession. Furthermore, Client shall provide NUT a certification from an officer of Client that all Licensed Products, documentation, and all copies thereof, have been returned to IWT or destroyed in accordance with this Agreement. 6.3 Effects of Termination. Upon termination or expiration of this Agreement for reasons other than the breach of this Agreement: (1) all use and access to products licensed on a term basis shall cease and Client shall immediately return to IWT or destroy all copies of the term licensed products, together with all documentation and any other IWT proprietary Information in Its possession. Client shall provide IWT a certification from an officer of Client that all tern licensed products and all associated documentation, have been returned to IWT or destroyed in accordance with this Agreement. (n) all use and access to products licensed on a perpetual basis shall continue, subject to the terms of this Agreement and any Ion Wave Technologies, Inc. Confidential Master License A Services Agreement Page 2 or io Exhibits, including but not limited to, the provisions for access and use of the Licensed Products (Section 1), Proprietary Rights (Section 4), Warranties and Indemnification (Section 7), and Confidentiality (Section 8). Upon termination or expiration of this Agreement, all Support Services and Professional Services as discussed in this Agreement or any Exhibits will cease. 7 Warranties, Indemnity, and Limitations 7.1 Licensed Products Warranty. IWT warrants that it is the owner of the Licensed Products or otherwise has the right and authority to grant the licenses to Client, which are provided for herein. IWT represents that for the entire term covered by the Support Services ("Warranty Period") That the Licensed Products will substantially perform in accordance with and as specified in the applicable documentation when operated in the designated environment IWT does not represent that the functions contained in the Licensed Products will meet Client's requirements or that the Licensed Products will operate uninterrupted or error free. In the event that Client does not pay the required Support Services fees or this Agreement is terminated, Client agrees that all warranty provisions and associated remedies shall be terminated. 7.2 Limitations of Warranty. IWTs warranties in this Section 7 shall only apply to the IWT Products developed by IWT or its affiliates. All other Licensed Products shall be provided by IWT OAS IS:' Notwithstanding anything to the contrary in this Section 72,- IWT shall assign to Client any warranty granted by the supplying party for the Licensed Products, to the extent of MIT's right to do so. 7.3 Remedy. During the Warranty Period, IWT's entire liability and Client's sole remedy for any reproducible, substantive error(s) in the unmodified MIT Application as reported in writing by Client shall be that MIT, at its option, will use its reasonable good faith efforts to correct the error(s), or, upon return of the Licensed Product and accompanying documentation to IWT, terminate this Agreement or the applicable license to the Licensed Product, as the case may be, and refund to Client a sum equal to a portion of the license fees paid, prorated on a monthly basis for the period in which the application was rendered unusable, for the Licensed Product for which the license Is terminated. 7.4 Services Warranty. IWT represents and warrants that it is experienced in providing the Professional Services and Support Services described herein and further warrants that it will perform the Professional Services and Support Services in a good, workmanlike, and professional manner. Client's remedy for breach of the foregoing warranties shall be the re - performance of the relevant Professional Services free of charge. 7.5 Disclaimer. In no event will Wr be liable for any loss of profits, loss of use, business interruption, loss of data, cost of cover, or indirect, special. Incidental, or consequential damages of any kind In connection with or arising out of the fumishing, performance or use of the Licensed Products, Professional Services and/or Support Services provided to Client underthis Agreement as applicable, whether arising In contract or tortious conduct, or any other legal theory, including negligence, or whether arising from mistakes, omissions, Interruptions deletion of files, errors, defects, viruses or other malicious code, delays in operation of transmission, or the use or performances of a Work Product, or the delay or failure of performance the Professional and/or Support Services provided under this Agreement, even If IWT has been advised of the possibility of such damages. 7.6 Client Responsibility. Client acknowledges and agrees they bear all liability for their and users' activity on 1WTs systems. Client represents and warrants that any data loaded into IWT's systems by Client's end users will not infringe the intellectual properly rights of arty third party. Client acknowledges that IWT may, in appropriate circumstances and at its discretion, disable Clients access or terminate this Agreement for violations of this provision. Client will be solely responsible for bearing any and all costs of obtaining any required third party licenses for data loaded into 1WTs systems by Client's end users. 7.7 Limited Warranty. THE ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY IWT_ EXCEPT AS EXPRESSLY SET FORTH HEREIN, IWT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WiTHOUT LIMiTATION,'ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON INFRINGEMENT, AND IWT HEREBY DISCLAIMS THE SAME, 7.8 Exception to Warranty. IWT'S WARRANTY OBLIGATIONS SHALL NOT APPLY IF THE LICENSED PRODUCTS OR SOFTWARE WORK PRODUCTS FAILURE TO PERFORM IN ACCORDANCE WITH ITS FUNCTIONAL SPECIFICATIONS IS CAUSED BY: (1) THIRD PARTY SOFTWARE LICENSED BY CLIENT, (II) CLIENTS USE OF OR ACCESS TO THE LICENSED PRODUCTS OTHER THAN AS INTENDED OR IN VIOLATION OF THIS AGREEMENT; OR (111) UNAUTHORIZED MODIFICATIONS MADE TO THE IWT LICENSED PRODUCTS OR SOFTWARE WORK PRODUCT BY CLIENT. 7.9 Indemnification. (a) By IWT. IWT shall indemnify, defend and hold harmless Client against any loss, damage or expense Incurred by Client as a result of claims, actions, or proceedings brought by any third party alleging Infringement by a MIT Licensed Product or a Work Product, of copyright, trademark, patent, or other proprietary rights, and against its reasonable attorneys' fees and any money damages or costs awarded In respect of any such claim(s) and any suit arising from any such claim(4 provided, however, that (t) Client shall have given iWT prompt written notice of such claim, demand, suit or action; (u) Client shall cooperate with said defense by complying with IWTs reasonable instructions and requests to Client In connection with said defense; and (111) IWT shall have control of the defense of such claim, suit, demand, or action and the settlement or compromise thereof. Further, iWT shall have no liability for any infringement action orclaim that is based upon or arising from the matters described In this paragraph if the applicable Licensed Product or Work Product Is modified or altered by a party other than IWT or is used for a purpose other than that forwhich it is intended or as set forth in the appropriate documentation. If temporary or permanent injunction is obtained against Client's use of the Licensed Product or Work Product as a result of the matters described In this paragraph, IWT shall, at its option and expense, either procure for Client the right to continue using the Licensed Product or Work Product or replace or modify the Licensed Product or Work Product or lnfinging portion thereof so that it no longer infringes the alleged proprietary right. In the event that MIT Ion Wave Technologies, Inc. Confidential Maslen license & Services Agreement Page 3 of 10 concludes, in its sole discretion, that such procurement, replacement or modification is not reasonably practical, IWT may terminate the applicable Exhibit and/or this Agreement without penalty and refund that portion of the Fees attributable to the infringing product, prorated on a monthly basis. Client shall cease all use of a Licensed Product or Work Product for which a refund Is given. This paragraph sets forth the exclusive remedy of Client against IWT, and IWT's exclusive obligation, with respect to any action or claim described herein. (b) By Client. To the extent allowed by law, Client shall Indemnify, defend and hold harmless iWT against any loss, damage or expense Incurred by IWT as a result of claims, actions, or proceedings arising from any bodily harm or injury suffered by IWT's employees or agents in the performance of Services or maintenance at any of the Client's facilities or the allegation of infringement or actual Infringement by Client of any copyright, patent, trademark, trade secret, or other proprietary right of any third party. To the extent allowed by law, Client will indemnify IWT against its reasonable attorneys' fees incurred in connection with such claim(s), any money damages or costs awarded in respect of any such claim(s) and any suit arising from any such claim(s). Client shall be entitled to have sole control over the defense of such claim, unless the claim Involves or relates to an intellectual property right of IWT in which case IWT may elect to have sole control over the defense of such claim as described in the preceding paragraph, and such election by IWT shall have no effect upon Client's obligations to indemnify and hold harmless hereunder. If Client does not assume sole control over the defense of such claim as provided in this section, IWT may participate in such defense and IWT shall have the right to defend the claim In such manner, as it may deem appropriate, at the cost and expense of Client. 7.10 Limitation of Liablity. IN NO EVENT WILL EITHER PARTY'S LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT OF PAYMENTS RECEIVED BY IWT FROM CLIENT UNDER THE EXHIBIT GIVING RISE TO THE CLAIM. ADDITIONALLY, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CLAIM BROUGHT BY THE OTHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR REASONABLY SHOULD HAVE BEEN DISCOVERED. 8 Confidentiality 8.1 Obligations. "Confidential Information" shall mean any proprietary information which is specifically marked as proprietary or confidential and which is disclosed by either party to the other in any form in connection with this Agreement. During the tens of this Agreement and for a period of five (5) years after the date of termination of this Agreement or for a period of five (5) years after the termination of use of the Licensed Products, whichever period is longer, each party: (1) shall treat as confidential all Confidential Information provided by the other party; (It) shall not use such Confidential Information except as expressly permitted under the terms of this Agreement or otherwise previously authorized In writing by the disclosing party; (Il) shall Implement reasonable procedures to prohibit the disclosure, unauthorized duplication, reverse engineering, disassembly, decompiling, misuse or removal of such Confidential Information; and (iv) shall not disclose such Confidential Information to any third party. Without limiting the foregoing, each of the parties shall use at least the same procedures and degree of care to prevent the disclosure of Confidential Information as It uses to prevent the disclosure of its own confidential Information of like Importance, and shall in any event use no less than reasonable procedures and a reasonable degree of care. 8.2 Exceptions. Notwithstanding the above, neither party shall have liability to the other with regard to any Confldential Information that: (i) was generally available to the public at the time it was disclosed, or becomes generally available to the public through no fault of the receiver; (11) was known to the receiving party at the time of disclosure as shown by written records in existence at the time of disclosure; (ill) was developed independently by the receiving party prior to the disclosure, as shown by written records In existence prior to the disclosure; (iv) is disclosed with the prior written approval of the disclosing party; (v) becomes known to the receiving party from a source other than the disclosing party without breach of this Agreement by the receiving party and in a manner which is otherwise not in violation of the disclosing party's rights; or (vi) Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party shall provide reasonable advance notice to enable the disclosing party to seek a protective order or otherwise prevent such disclosure and further provided that any such disclosure shall not destroy or diminish the confidential status of such Confidential Information. 9 Miscellaneous 9.4 Force Majeure. Neither party shall be liable to the other by reason of any failure of performance hereunder (except failure to pay) If such failure arises out of causes beyond such party's reasonable control, despite the reasonable efforts and without the fault or negligence of such party. Without limiting the generality of the foregoing, MIT shall not be liable to Client in any way for any failure or delay in the performance of its obligations hereunder which failure is caused, directly or indirectly, by the failure of any matter for which Client Is responsible under this Agreement or which is a suspension of services for Client's failure to pay. 92 Assignment Neither party may assign this Agreement without the priorwdtten consent of the other, which consent will not be unreasonably withheld. Notwithstanding the foregoing, IWT may assign this Agreement to any entity acquiring substantially all of its stock or assets or the assets to which this Agreement or any Exhibit relates. 9.3 Governing Law. This Agreement shall be governed by and construed In accordance with the laws of the State of Texas, without regard to conflicts of law principles. 9.4 Exhibits. Each Exhibit to this Agreement shall incorporate the terms of this Agreement In the event of any conflict between the terms of this Agreement and the terms of any Exhibit, the terms of this Agreement shall control unless an Exhibit expressly provides otherwise. Additional Exhibits added to this Agreement from time to time by the mutual written agreement of the parties shall be numbered sequentially under the letters of the respective Exhibit title (e.g. Eichibk A Licensed Products shall be A-1, A-2, etc.) and each shall be in addition to the previous Exhibit, Ion Wave Technologies. Inc. Confidential Master Ueeme & services Agreement Page 4 of 10 9.5 Records & Audits. IWT, Its agents or representatives, shelf have the right to conduct a technical audit of Client's records, for the express purpose of determining whether Client is in compliance with the terms of this Agreement. Should IWT find that Client is not in compliance, Client shall pay the additional damages as may be due plus a five percent (5%) penalty. 9.6 Independent Contractor. iWT Is an Independent contractor and, except as specifically contemplated in any Exhibit to this Agreement, is not an agent or employee of, and has no authority to bind. Client by contract or otherwise. IWT will perform the Services under the general direction of Client, but IWT will determine, in IWTs sole discretion, the manner and means by which the Services are accomplished. Client has no right or authority to control the manner or means by which the Services are accomplished. 9.7 Waiver. No delay or omission by either party to exercise any right or power unless in writing and signed by the party waiving -rights it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach shall not be construed to be a waiver of any succeeding breach or of any other covenant 9.8 Notices. Any notice required to be sent to a party under this Agreement will be in writing, shall be sent by: facsimile; first- class mail return receipt requested; personal delivery; or overnight courier to the Address for Notices given for that party below, and shall be considered delivered upon proof of such delivery. Either party may change its notice address by giving written notice to the other party. If to TINT: if to Client: Ion Wave Technologies, inc. County of Brazos, Texas 3653 South Avenue Attn: Purchasing Springfield, Missouri e5807 200 S Texas Ave -Phone: 417-823-7773 Bryan, TX, 77803 Fax: 417-823 7778 Phone: 979-361-4292 Fax: 979-361-4293 9.9 Severabllity. If any provision of this Agreement is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision 1s unenforceable, and this Agreement shall be deemed amended by modlfyfng such provision to the extent necessary to make it enforceable while preserving its intent or, If that is not possible, by substituting another provision that is enforceable and achieves the same objective and economic result. It is expressly understood and agreed that each provision of this Agreement that provides for a limitation of liability, disclaimer of warranties, Indemnification or exclusion or damages or other remedies are intended to be enforced as such. Further, it is expressly understood and agreed that in the event any remedy under this Agreement Is determined to have failed its essential purpose, all limitations of liability and.exclustons of damages or other remedies shall remain In effect. 9.10 Non-Soiloltation. IWT and Client agree that the employees of IWT and Client may possess technical abilities that are in great demand and further agree that each party has incurred substantial expense In recruiting and training such employees and would Incur even greater expense If required to replace any such employee. Therefore, IWT and Client each agree not to recruit, either directly or indirectly, a present employee of the other during the term of this Agreement or any other agreement between them, and for one year following termination of all such agreements, without the express written consent of the other party. Upon breach of this provision, the breaching party agrees to pay the other two times the yearly compensation ofthe affected employee. This remedy provided in this paragraph shall be the only monetary remedy for breach of the terms of this paragraph. Neither party is prevented from seeking equitable relief for breach of this paragraph. 9.11 Survival. Payment obligations and any other provisions, which by their terns or their nature are intended to survive, shall survive the expiration or termination of this Agreement. 9.12 Entire Agreement and Amendment This Agreement, with all Exhibits, is the entire agreement between the parties with respect to its subject matter, and supersedes and replaces any prior agreement between the parties with respect to said subject matter and there are no other representations, understandings or agreements between the parties relative to such subject matter. Amendments or waivers of any provision of this Agreement or Its Exhibits shall be valid only as clearly identified as such, in writing and signed by the parties. No purchase order submitted by Client, even if accepted by IWT, shall be deemed to modify any terms of this Agreement, unless IWT has expressly stated in writing Its intent to do so. IN WITNESS WHERE, er party areto s caused this Agreement to be executed by its duly authorized representative. IWT- Ion Wav a hno tes c. Client Court of B zos Texas Sinned: Si ned. e Printed Name: ��� Printed Name: Printed Title: op Printed Tale: Date: V Date: Ion Wave Technologies, Inc. Confidential Master License & services Agreement Page 5 of 10 Exhibit A Licensed Products License Grant. IWT Grants to Client, in accordance with and subject to the terms and conditions set forth In this Agreement, a license to the IWT products as specified below: (1) iWT Sourcing subject to the following terms and restrictions: • The license grant shall be for a five (6) year and six (6) month period starting upon the execution of this Agreement, with usage limited to Client employees. • The IWT Sourcing license shall include the Electronic Bidding (eRFx) and Supplier Management / Registration Modules. The Reverse Auction module, the Bid Evaluation Scoring module, and any future modules released by IWT are specifically excluded. Client may purchase additional modules and incorporate an additional Exhibit Into this agreement. • The cost of the license shall be paid annually as outlined in the payment section below. (II) IWT Contract Management subject to the following terms and restrictions: • The license grant shall be for a five (5) year and six (6) period starting upon the execution of this Agreement, with usage limited to Client employees, • The Contract Management license shall include the Contract and Insurance Certificate Tracking modules. Any future modules are specifically excluded. Client may purchase additional modules and incorporate an additional Exhibit into this agreement. • The'cost of the license shall be paid annually as outlined in the payment section below when bundled with IWT Sourcing. 2. Support Services. IWT will provide Support Services to the Client, in accordance with and subject to the terms and conditions set forth in this Agreement, as specified below: (1) Support and Maintenance: • IWT will provide Support Services as detailed In Exhibit B for the products listed above for a five (5) year and six (6) period beginning upon the execution of this Agreement at no additional cost to Client 9. Payment. Payment for the license fees shall be due as follows: (1) $ 5,833 due upon execution of this Agreement for the service period 04/01/2018 to 09/30/2018. (11) $17,600 Annual License Fees due October 1, 2018 for the service period 10/0112018 to 9/30/2019. (111) $17,750 Annual License Fees due October 1, 2019 for the service period 10/01/2019 to 9/30/2020. (iv) $18,000 Annual License Fees due October 1, 2020 for the service period 10/0112020 to 9/30/2021. (v) $18,250 Annual License Fees due October 1, 2021 for the service period 10/01/2021 to 9/30/2022. (vi) $18,500 Annual License Fees due October 1, 2022 for the service period 10/0112022 to 9/3012023. 4. Non Appropriation. Client intends to remit to IWT all payments for the full term if funds are legally available. In the event Client is not granted an appropriation of funds at any time during the term for the funds and are not, otherwise available to Client to pay IWT payments due and to b6come due under this Agreement, and there is no other available funds by which payment can be made to IWT, and the non —appropriation did not result from an act or omission by Client, Client shall have the right to terminate this Agreement on the last day of the fiscal period forwhIch appropriations were received without penalty or expense to Client, except as to the portion of the payments for which funds shall have been appropriated and budgeted. At least ninety (90) days prior to the end of Clients fiscal period, Client's Business Services Executive pirector shall certify In writing that (1) funds have not been appropriated for the next fiscal period, (b) such non -appropriation did not result from any actor failure to act by Client, and (c) Client has exhausted all funds legally available to pay IWT. If Client terminates this Agreement because of non -appropriation of funds, Client may not purchase or lease during the subsequent fiscal period, software and/or service performing the same function as, or functions taking the place of those performed by the software and/or service provided by IWT; however, that these restrictions shall not be applicable if or to the extent that the application of these restrictions would affect the validity of this Agreement. 5. Cooperative Contract. This purchase is made In accordance with the BuySoard cooperative contract #498-1 S. ion Wave Technologies, Inc. Confidential Master license & Services Agreement Page 6 of 10 IN WITNESS WHEREOF, each party heretoras caused this Exhibit to be executed and amended to the Agreement by its duly authorized represen IVVT-ion Wayd Ti(chnolidles, AVClient— ou of Brazo Texas Sinned: Sinned. Printed Nam - �a f • Printed Name: bums Printed Title: Printed Title: Date: f Date: 4110I [Remainder of page left intentionally blank — Exhibits B and C follows] Ion Wave Technologies, Inc. Contidendai Master License & Services Agreement Page 7 of 10 Exhibit B Support Services 1. IWT shall (a) use commercially reasonable efforts to provide Client with maintenance and support services ("Support Services") via telephone, facsimile, electronic mail, or other electronic means, at IWrs discretion, from the hours of 8:00 a.m. to 6.00 p.m. Central Time Monday through Friday (excluding IWT Holidays, which typically consist of New Year's Day, Memorial Day, Independence Day, Labor.Day, Thanksgiving Day and the Friday immediately following Thanksgiving, Christmas Eve, and Christmas Day), and 24x7 access for reporting Level 1 (as defined below) situations, to a designated, authorized, qualified, and trained user of the IWT Products ("Client Contact") and to one (1) designated, authorized, qualified, and trained user of the IWT Products designated as Client Contact's backup ("Backup Client Contact") (collectively referred to as "talent Support Contact"); and (b) use commaroially reasonable efforts to correct reproducible errors or malfunctions to enable the IWT Products to substantially perform In accordance with and as specified -In the accompanying documentAtion. 2. IWT shall use commercially reasonable efforts to deliver a solution or action plan to correct reported errors that IWT categorizes as: (1) "Level 1 Catastrophic" within eight (8) business hours of receipt of the reported error. "Level 1 Catastrophic" is defined as a condition in which the IWT Products are partially or totally inoperative, including but not limited 'to, total system failure, data loss, data corruption, or a processing of functions and processes so slow as to render the application unusable, or any Level 2 error where a reasonable aitemative work process cannot be established; (K) "Level 2 High Impact within the next scheduled production release of the IWT Products or within one hundred -twenty (120) days from the date error was logged with IWT, whichever shall first occur. "Level 2 High impact' is defined as any error that results In the usabillty of the product being restricted and for which a reasonable alternative work process can be established; (Ili) "Level 3 Non -Critical," which errors IWT shall use commercially reasonable efforts to correct within the next scheduled production release of the IWT Products. "Level 3 Non -Critical" is defined as any error wherein one or more functions do not operate optimally, but where impact on functionality and/or usability is agreed by Client and iWT to be minor and result In a mutually acceptable disruption to Client's workflow process; and (Iv) "Level 4 Cosmetic," which errors IWT shall use commercially reasonable efforts to correct within the next scheduled production release of the IWT Application, at Ws sole discretion. "Level 4 Cosmetic" is defined as any error that cannot be categorized as belonging to any higher severity level, Including but not limited to a cosmetic or documentation error. 3. IWT shall provide all extensions, enhancements, and other changes, which are logical improvements to a IWT Product and to which IWT makes generally available on a commercial basis, without charge, to any other licensee of the IWT Product ("Updates"). Updates do not Include any new software products that are then made generally available on a commercial basis as separate, price -listed options or additions to an IWT Product nor do they include any Professional Services Fees that may be required for Implementation. 4. ' IWT shall have no obligation to provide Support Services except to Client Support Contact and only with respect to the unmodified Supported Releases. When an IWT Product is deployed in conjunction with other software products, including but not limited to web servers, browsers, databases, and operating systems, IWT is not responsible for providing Support Services for these other products, or for ensuring correct interoperatlon with these products. 5. Client shall use commercially reasonable efforts to assist IWT in reproducing the specific situation in which a iWT Product, standing alone, demonstrates a failure to substantially conform in all meterlal respects to the functional specifications set forth In its accompanying documentation ("Defect"). Client Support Contact shall conduct reasonable and adequate research with respect to a Defect or related issue prior to contacting IWT for assistance. Hosting Services 1. IWT shall use commercially reasonable efforts to make all hosted IWT Products available to Client for at least ninety-nine percent (99%) of the time (determined monthly), seven (7) days a week, twenty-four (24) hours per day, not Including any unavailability that; (1) lasts less than fifteen (15) minutes; (II) results from regularly scheduled IWT maintenance, (ill) results from failure of Cilent's hardware or software; (iv) results from the failure of a communication service or other outside service or equipment not within the control of IWT; or (v) is beyond the reasonable control of IWT ("Service Availability"). 2. Data Backup. In recognition that IWTs prgvision of the hosted IWT Products may be interrupted as a result of an,act of God, events beyond the reasonable control of IWT, errors by IW7's staff, or a defect in the IWT Products, MIT agrees to maintain a commercially reasonable backup plan for the IWT Hosted Products and Clients data, whereby IWT can execute a recovery of the hosted IWT Products and Client's data as a result of such interruption. iN WITNESS WHERE eAch a her has caused this Exhibit to be executed and amended to the Agreement by its duty authorized repress e// ,/ IWT- Ion Wa T chd6lool Client Co of Brat Tex Si ned: Si ned: 116 1Z Printed Name: 4toA �• Printed Name: Printed Title: Printed Title: Date: �[� T G Date: I Ion Wave Technologies, Inc. ' Confidential Master License & Services Agreement Page 8 of 10 Exhibit C Statement of Work ("SOW") 1. introduction Client seeks to implement the Mrf Sourcing and Contract Management applications (the "Solution"). The primary objective of the project is to configure and implement the Solution for the Client. This will be done in a way that utilizes the standard features of the Solution and is based on the Solution standard configurations. This SOW describes the scope of services and the services investment necessary to complete the Solution Implementation project. iWT Profbmlonel Services will use commercially reasonable efforts in a manner consistent with software industry standard guidelines and as outlined in this SOW to provide the guidance and expertise necessary to help Cilent successfully implement the Solution. 2. Summary of IWT Responsibilities The following major activities are included in the scope of this project and will be performed by IWT: (t) Coordinate and lead all meetings, workshops, and training sessions. (11) Provide up to three web -based training sessions to CUenfs ftdl-time employees. (un Provide project management, including coordination and management activities, issue tracking, and weekly status reporting to Client (v) Coordinate Client acceptance testing. (v) . Provide configuration guides to the Client offering configuration choices, including Ws standard commodity code structure. (vt) After initial training is completed, prepare the Solution forgo -live. (wi) Provide issue resolution according to the severity levels and response times as outlined in the Agreement 3. Summary of Client Responsibilities Client agrees to undertake at its sole expense, the following responsibilities: (i} Assignment of an Intemal dedicated project manager to manage the Solution and its implementation. (U) Coordinate internal participation in project related meetings. (Hi) Provide materials and facilities for project related activities, including Internet-apable machines for training sessions. (N) Purchase, install, and validate any third -party software required. (v) Develop and Implement test scripts for acceptance of the Solution. (vi) Plan, coordinate, and participate in training sessions and complete all training assignments. (vii) Plan and direct the production deployment (Go -live). 4. Technical Requirements Client will be responsible for procurement, installation, and operational verification of all software, software licenses, equipment, and hardware required to support the Solution in the production deployment. This includes: (I) Web Browsers. Client will be responsible for procurement, installation, and operational verification of all web browser licenses. WT will provide its minimum browser requirements during the Workshops. (if) Commodity Code. Client will be responsible for procurement and licensing of any desired proprietary commodity code structure(s). (iii) Network Performance. Client Is responsible for maintaining the satisfactory network performance needed to conduct the deployment of the production system. (iv) WUT may modify any of the above hardware and software requirements from time to time, upon ninety (90) days written notice to Client. S. Project Organization and Operating Procedures (1) Project Organization. Client and MIT agree to assign dedicated staff to perform their respective project activities. (ii) Change Control Process. IWT projects follow a standard change control process. if during the course of a project, a scope change is Identified, then the IW'r project manager will document the change and associated cost or schedule impacts an a dtaMi nge authorization farm. Once documented, the T project manager reviews the change with the Client project manager. Scope changes are defined as any modification to the agreed scope of a project, including but not limited to requirements, software modules, configuration changes, project delays and enhancements or modifications to the product Scope changes can require modification to cost, schedule, quality or other project delivdiables and therefore require sign -off from the Client project manager. No work on scope changes will be ion WaveTechnologim hic. Confidential dential Mwter U=e & Services Agreement Page 9 of 10 conducted until sign off is obtained. Changes that Impact scope require approval from the 1WT project manager and the Client project manager. {GQ Acceptance Process. Client will review any Work Product requiring explicit acceptance within five (5) business days or delivery and will document required adjustments. If IWT does not receive notice within the defined five-day period, each Work Product will be considered accepted. Within five (5) days, {Wr will provide a revised Work Product that Incorporates the agreed adjustments. In the event that Client does not accept the revised Work Product, the parties may agree to repeat this review and acceptance process one additional time. If disputes remain after repeating the acceptance process, the project team will refer these to IWTs and the Client's executive teams for resolution. (Iv) Work Location. Unless otherwise specified, Client and IWT will perform all work at their respective locations. 6. Project Investment Project Payment Schedule Payment Item Amount Payment Schedule Mobilization Fee $0 Remitted to 1WT upon the start of the project. Go -Live Fee $0 Remitted to IWT upon the preparation of the system for Go -Live following training and configuration. Total Services $o Travel and Administrative Expenses Estimate -0- No travel is expected for this engagement IN WITNESS WHEREOF, each party hereto has caused this Exhibit to be executed and amended to the Agreement by its duly authorized representative. .,,-I/l // IWT - Ion Wavelegfinaftles. Ynooll Co o razo . Stoned. Sf nod.• Printed Name: Printed Name �1'54A .J• Printed Title: CJ o Printed Title: Date. � r Date: Ian wave Technolazim. Inc. ConSdmW Masts Licease & Semi= Agreement Page ro of to IWT Sourcing SPECIAL PRICING OPTIONS Brazos County, Texas Option 1: 5 Year Agreement 10 N-W. A V.m = 111 technologies Annual SaaS Subscription Year 1 Year 2 Year 3 Year 4 Year 5 Total Brazos County 1 Apr�17 _ :1-0'r�,'f}8 _; trOct fi$ r-�r�Oct�-20 1=0c2 ;°y 1=dc22, "{WT Sourcing _ $3,750 1 $16,000 $15,260 $15,500 $15,760 $16,0001 Contract Management $2,083 $5,000 $5,000 $6,000 $5,000 $5,000 ($2,500) ($2,500) ($2,500) ($2,500) ($2,500) Total U$6,833 l $17,500 $17,750 - $18,000 $18,250 $18,500 $95,833 *Excludes Reverse Auction and Bid Evaluation Scoring Modules E-e ral Ap Jr.. '.* "ViulTnv)l 6q- Iq "xg, yo mM, 0 Lq VWWAO T! pa jjj-�?q# lu luxd . MP j . pw %A fialunoo ul" .,.0airldna g. - alp.. 0 AN NI 31" soli pasn" 2"q*sa! :'Il nMIA 91 AWlo'i 5*-t-t P21 aq pu -zA oqy "WMS gig poomqp Z pu� I-;w mtt" jjeui:uj:iqfjoj. qa aql 00*05 Is of 0010 -n!PV SV 92d -2 0n s0im solo,.. pa��", PM)a 211POA"f qpo A'Uai4io-. iii�iia -d§ A lo,. bukuaai t=tz# Vmutii pu! 'a. �Inm- Ori.-Y-4 "WWO4 PROW 'Iftts.: 0 v SM. i ia w wi6d IL4ilti oul ' � 11000gaq pus tV -c- Exot-ou" nVIIJ q- 4im J66M d Or .10 iippog ;63 -limpaw Pile Re#- a pea. Wo so, Iff "W- APR).:gli Lf'j-x-z'. AXRJ Brnzos county Juvenile Justice Center Detention Services Agreement July' 1, 2022 - Juno 30. 2023 CONTRACT AND AGREEMENT FOR SECURE SHORT-TERM DETENTION OF IUVENII-E OFFENDERS SPACE AVAILABLE STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY JUVENILE BOARD BRAZOS COUNTY JUVENILE,JUSTICE CENTER Detention Services July 1, 2022 - June 30, 2023 This contract and agreement for secure short term detention of juvenile offenders is entered into by and between Kaufman 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 license granted by the Texas juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas Kaufman 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 II TERM 2.01 The term of this Agreement is for 12 months commencing July 1.2022 - June 30, 2023. It shall be automatically renewed for one (1) year terms thereafter, commencing July 1st and ending June 30Lh 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 program; recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, ISMS 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 July 1, 2022—June 30, 2023 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 all liability for charges for *Outside Treatment. The Administrator shall notify the appropriate Juvenile Probation officials of Outside Treatment within twenty -fops (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 bearing in the Kaufman 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 child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the facility adriministrator 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 wilf 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 Sheriff's Department F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such chilli'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 time 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. Brazos County Juvenile Justice Center Detention services Agreement July 1.2022 - June 30, 2023 H. It is further understood and agreed by the parties that, children may bereleased 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 Juvep I a Court of Kaufman County. I. 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 MAY9I-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 thatnothing 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 Kaufman 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 4A1 For and in consideration of the above -mentioned services, Juvenile Probation agrees to pay Service Provider the sum of $100.00 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 the Department. 4.03 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. 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 Brams County.luvenile Justice Center Detention Service Agseemcni _ July t, 20n—hmc 30. 2023 iecelpt 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 year'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 without 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 Probations Fiscal • • Officer. Service Provider will not contact other department employees regarding any daims 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 *hen 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 Kaufman County. ARTICLE. VI EXAMINATION OF PROGRAM & RECQRDS 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. Brows County Juvenile Justice Center Dctcntion Services Agreement July I, 2022 —June 30, 2023 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 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 with the 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 VIl CONFIDENTI,-AUM 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 Vill 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- 512-42"716 (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 (972) 932-0479 and Service Provider shall contact Juvenile Probation by telephone at (972) 932-0320 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 phall 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. 'Cie initial. report shall be made by phone by calling toll -free 1-877-786-7263. Within 24 hours of the report by phone, the completed TJJD Incident Report Form shall be submitted by facsimile number 1-512424-671.6 or by email at abuseneglea tjjd.texas.eov and Arms County JureaikiusticiCeat;, Sewices.Atxeaiieni . 1`• : ]uly'I,2U22—Jude3d,2U23' 3:. With respect io children placed by Juvenile Piobatioa,`the TJJI3 incident Report Form shall also be' _ sent to•Juvenile Probation within 24.hours atfacsimile number'(972)'932-W9. 8:02• , -Allegations Occarrldg.Og4idd the.Fitdlity - Any person,who.witnesses learns of, ieeeives an oral or written statement froin .an alleged victim or other peison. with knbwledge .or who,has a reasonable'belief .as to the: 'I." "' ocevirrence of alleged'abuse, neglect; exploitation, death or other serious incident involying.a juvenile, but'ihatis- .= >• :. , not alldged to involve an employee, intern, volunteer, contrador,'os 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, t ode Chapter 261 =� As used within this Agreement : t A. An allegation or'incident includes the witnessing, leaming; or receiving an oral or written statement froiti alleged victim.or othe rperso v with reasonable belief or knowledge as to. the occurrence or an iUeged_abuse,; -* - iveglect; exploitation; c(eath or other serious` incident hivolvfng'a. A— le facility or juvenile justice progra.'m. _ :• 73. - •A serious incident is -attempted escape, attempted suicide, escape, reportable injiry, youth -on -youth physical. assault or youth sexual conduct. _ 'Sexual abuse is conduct committed by any person.against a -juvenile that includes sexual abuseliy contactor " sexual abuse by Wort contact D. Serious physical abiue%is, bodily; harm or condition that. resulted directly. or indiiectly from the conduct, that , formed -the basis of an allegation of abuie, 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 ficility,.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 rivate vendor under'_a contract' with live governing board, juvenile board or governmental unit that serves juveniles under uvenIie:court virisdict" ; The term includes: 'a ublic:or rivafe_ juvenile . - t -adjudication j j P P, lu Pas - j secure correctional facility required to be ceitified in accordance'with the Texas Family Code; and a public or private'non secure jtigeni1 posf-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 of juvenile board jurisdiction. Ut term includes- juvenile justce ' ! alternative education.program,and a non-fesidential program that serve's juvenile offenders while under the • `.,.; V jurisdiction of the juvenile court or juvenile' board jurisdiction and'a,juvenile probation department. CRIMINAL HISTORY SEARCHES 9.Q1' Criminal histi ry-searches `shall be -conducted by. Service'Providet for any and all bf its eiriployees, interns, volunteers or contractors proyiding" services in a juvenileluitice'faa, ty or juvenile justice program that may have direct unsupervised access to children in the facility or program. ' 9:02 Criminal fiisto." 'searches sh'all'include the followings ., Y A. Texas criminal historyfingerprint.based criminal history- background search through the Texas Department of Public Safety. s 6 Brazos County Jovenite Justice Center Detention Services Agreement July'l, 2022-June 30, 2023 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 reportsreflecting 'subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: 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 stale, 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 (5) 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 Li 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 J?TSCLOSURE 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 Insufficient detail this same information to juvenile •probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; 7 Brans County Juvenfle Justice Center Delenflon Services Apament July 1; 2022 — Juno 30, 203 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'Move" 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 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. *(I.) currentfelony 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' ihe.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 ASSIGNMIWr & SUBCQNMCf 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 MII QFFICIAIS NOT TO BWEFIT 13.01 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 to 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. Brazes County Jucenue JssBce realer - Daeetioa Saykes Agreement J91y 1, 2OU—Junc3Q 2M3 ARTICLE M - • w. _ DEFAULT I+l 01 Juvenik-Mbation-may, by written notice of default to Service Provider, terrnlnate the whole or arry:par# of thrs , - A_ gieement,.as it deems appropr9 te, in any one of following g circumstances: ` A `-If Service Provider fags Jo performlhe.work called for by this AgreemenAvithin the'time speafied hesein dr any extension thereof; or Service Provider faris'to.perform any of the other material pravisions'of this Agreemeniy including faiture'to achieve •the defined gcials, outcomes„ and outputs, or so �fails'to prosecutot3�e work as m end. ger'Hre.:peiformance of thfs'Agieement-in accordance with its terms and in eifher'_of these two . circumstances ce default, Service d a _ .. . � after -receiving n - period'of ten (20) clays.,- - our _ 'of efau •Provi er Hoes .not cure such failure within - - = ARTICLE XV = - fTMWINATION ?5 01 ;This Agreemad Gray be tern befor any reason: .` +A: By dther•pacty upon_teh(10) days written notice to the oilier party of the intention to terminate - Upon oq)enditare of available funds.-' I5,02 If at any time .during ilia iernu iif dire agreement juvenile Probation, m its so% discretion, determines that the • J-j of children served under.this A ant may be in eo and , enrie'Pmbation immediately '~ safety being greem Y j. P Y j_' y_ Y suspend the effect of this Agreement; including but not limited to hi obligation to :pay, upon giving inotice m the Service Provider. ARTICI.9 XVI ' WAIVER OF SUBROGATION - 16,OI , 5ervice Provider expressly .waives arty and all rights ii Mi y have of subrogation to any Claims'?or rights of its 'y ` employees, agents, owiiers, 'officers, or subcontractors against Juvenile Probation. Service Provider also waives = .any rights it majrhave to indemnification from juvenile Probation. ' ARTICLE XVII > REPRESENTATIONS-& WARRANTIES 27 61 '= : rv[ceL Provider hereby represents and -warrants the following. A :That it has all rnecessary, right title, license and authority to" enter into this Agreement; . s ' A.;• That it -is qualified to: do -business in the State o€ Texas; that- it hold all necessary licenses and staff = certifipptions V progide the type (s) of services tieing contracted for, that it is in compliance with all statutory - and regulatorivequirements.for the operations of its business.and that there azm no taxes due and owing to <^, - _ =the State of Texas, the County of Brazos or arty political subdivision thereof; Brazos' County will ,maintain in force. policies of general liability insuiance against loss to. any person - ($100,000.00) or property occasioned by acts ($100,000.00) or omissions of Seniice Provider providing limits of '= $300,000.00 per occurrence for bodily injury and $10000.00 per occurrence of property damage. Certificate of Liability Insurance shall be furnished ,to juvenile Probation. Furthermore, juvenile Probation shall be notified r ' immediately°upon any .changes in the -status of the insurance. and shall promptly furnish updated = - certificates of insurance to Juvenile P robation - a x 9 . :_ Rruzos County Juvenile Justice Center Detention Services Agreement July 1, 2022—June 30, 2023 C. 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 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, 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 MgII TEXAS LAW TO APPLY 18.01 This Agreement 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 Brazos County, Texas. ARTICLE XIX NTNUE 19.01 Exclusive venue -for any litigation arising from this Agreement shall 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 X)a 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 Kaufman 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 CJPO all 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 30m [PREA §115.387(e) and (0] 10 Btcbi cmMtpl➢Yt uejal t0 cadb V6R0M 9UWMAM== m1Y 1,=-h=jk2m.1 ICanim a County Brazos County JuvenDe 3ostlee Center Probeiion Depsztment LamaPes ' T.irtdaRicketsan C1ddimenm ation OSeec ' Sxem&e Director Kamm Cormty fed O Peters i�uVe 1e Chakmao,Juven leBoard BRAZOS"COUNPY CONWSSi0NMS COURT ON �� tV 20 as _ FULLY E)MCUTED FN DUPLM173£ EACH OF WHICH SHALL H4VZM FULL FORCE AND EFFRCP OFAN ORIGINAL. By: Doane Peters, County.JWge 260 S. T ms Ava., Ste, 332 Bryan, TX77803 Pho= 974-36Y4102 Fax: 9793614S03 11 a AGGIELAND CONSTRUCTION CHANGE ORDER PROJECT: BRAZOS COUNTY SECURITY UPGRADES CHANGE ORDER NO: THREE (313 1) SUBCONTRACT No.: 22-515 CONTRACT DATE: SEPTEMBER 13, 2022 DATE: SEPTEMBER 19, 2023 To: BRAZOS COUNTY FROM: AGGIELAND CONSTRUCTION 300 E 26TH ST. PO BOX 271 BRYAN. TX 77803 WELLBORN, TX 77881 DESCRIPTION: • ADD FOR NEW CLOSET, HARDWARE, CARD READERS, MAPLE PANELS/REVEALS $ 22,668.38 ELECTRICAL ITEMS & COUNTERTOPS SUBTOTAL: $ 22,668.38 TAX: $ - TOTAL: $ 22,668.38 PRICE: $ 22,668.38 (INCLUDING ALL APPLICABLE TAXES) ORIGINAL CONTRACT AMOUNT $ 941,000.00 AMOUNT OF APPROVED CHANGE ORDERS/AUCS TO DATE $ 38,514.95 AMOUNT OF THIS CHANGE ORDER (INCREASED) (DEGRI=ASEB) $ 22,668.38 NEW CONTRACT AMOUNT $ 1,002,183.33 THE CONTRACT TIME WILL BE (INCREASED) (BEGREASEID) BY (30) DAYS A_ G_ C N UC I - COU TY: ARCHITECT. BY: BY: l ^ DATE: —SEPTEMBER 19. 2023_ DATE: ! «� 1 a3 DATE: 9• 20, Z3 TITLE: VICE PRESIDENT, CONSTRUCTION_ TITLE: P.Q. BOX 271 • WELLBORN, TEXAS • 77881. 979-393-0090 • FAX 979-393-M13 1 AGGIELAND CONSTRUCTION PO Box 271 Wellbom, TX 77881 Bids@aggielandconstruction.com CO #E03111: Add Gun Closet, Door/FM/Hdw., Card Readers, Elect., Millwork & Countertops Project: Brazos County Courthouse Security Upgrades Client: Trevor Lansdown Project Location: 300 E 26th St. Bryan, TX 77803 Date: September 19, 2023 Dear Trevor Lansdown, We are pleased to offer our proposal for all labor and material per the included scope listed below. SCOPE INCLUSIONS: General Conditions • Supervision • Insurance Division 6 —Millwork: $5,947.41 (Labor— $3,271.08 / Materials— $1,784.22 / OH&P — $892.11 • Add Stain Grade Maple Panels & Reveals at Pony wall that was Added to Scope of work (PR-001 Dwgs) • Add Stain Grade Maple Panels & Reveals at South Side Security/Gun Storage Closet (per 9/12 site mtg.) • Add for additional support brackets (per conversation with Bill on 9/14) • Add Stain Grade Maple Panels & Reveals at West Side of Closet Wall • Add to make small, half door heavy duty to support wood substrate and countertop shelf & Hardware for Door • Additional Screws / Fasteners • Additional- Prep/Labor & Materials/Stain Division 8 — Doors, Frames & Hardware: $3,773.05 (Labor - $562.18 / Materials — $2,644.91 / OH&P — $565.96) • Add for 1x 3'Ox7'Ox7 %" HM Frame • Add for 1x 3'Ox7'0 HM Door • Add for 2x.BB814.5 x 4.5 Hinge • Add for 1x BB814.5 x 4.5 Electrical Hinge • Add for 1x DC80 Closer • Add for 1x Electrical Lockset (Oak) Division 8 —Access Controls (Card Readers): $7,470.75 (Labor — $449.66 / Materials — $5,900.48 / OH&P — $1,120.61) • Add for 2x Proximity Readers IDENTIV • Add for 2x Miniature Embedded Line Module 3 IDENTIV • Add for Door Shunt Motion • Add for 2x PIR Request to Exist Sensor with Sounder Gray • Add for Door Contacts • Add for 2x 4 REC STL DR Loop/Term, Single • Add for 1x 4 Element Composite Cable Plenum, Yellow Jacket Division 8 —Windows: ($1,684) • Credit for labor associated with the installation of the Stanely sliding door for opening 1101 Division 9 — Finishes: $4,196.61(Labor - $2,308.14 / Materials — $1,258.98 / OH&P — $629.49) • Add to furnish and install additional 6" studs to frame Security Closet / Gun Storage Room (6.5ftx6.5x10ft to roof deck) • Add to furnish and install additional 5/8" sheet rock (both sides) • Add to furnish and install additional paint & materials to T/F Prime & Paint sheetrock (both sides) • Add for prep & paint HM frame & door (both sides) • Add to furnish and Install lumber to fabricate storage shelves and rifle storage shelving • Add to prep and paint new wood storage shelves and rifle storage shelving • Add for Aggieland Labor and Miscellaneous Tools & Materials (included above) Division 12 — Stone Countertops: $2,185.00 (Labor— $437.00 / Materials -- $1,420.25 / OH&P — $327.75) • Add Additional countertop Section at West Wall of New Closet • Extend Countertop along pony wall at South Security wall elevation at pass thru openings • Extend North countertop section over small, half door Division 26 — Electrical: $779.56 (Labor— $506.71 / Materials — $155.91 / OH&P — $116.93) • Add to furnish and install materials to rough -in for new data/Duplex Receptacles in Closet/Gun Storage Area, includes conductors • Add to furnish and install Devices & Faceplates in Closet/Gun Storage Area CLARIFICATIONS: • Aggieland Construction Requests an additional 30 days to be added to our current Construction timeframe due to lead times associated with the added electronic Lockset, card readers & associated hardware items as well as revisions to original design & increased scope of work. • Pricing assumes work will be scheduled in an efficient manner with minimal mobilizations and will be uninterrupted once begun • Pricing includes for the receipt and completion of a single punch list EXCLUSIONS: • Anything not specifically mentioned in above scope of work. • General permit by owner (trade permits are only permits included) • Structural work • Mechanical equipment (provided by owner) • New flooring and base other than what is specified. • Any repair of unforeseen damaged building components not SOW due to water damage or mold. • Testing of any kind • Engineering and Design • Abatement • Mold remediation • Handling or removal of any hazardous material • Furniture, fixtures, and equipment • Any plumbing or electrical fixtures not in schedule • Insulation or thermal protection • Civil work • Concrete • Utilities • Landscape or hardscape • Parking lot striping • Code or building signage. • Audio Video • Fire Alarm or Fire Suppression • Anzel system • Moving of furniture or any personal items • Liquidated damages Add Alternate Price: $ Proposed Price: $22,668.38 Yfi6kyou, for tFre Wortunity if t, ere is anyt{rm y else we can do for you,jpIease let us know. 4 G� 09/19/2023 Megan !ones Authorized Signature *HUB certification #1465359949900 *JOC TAMU/SSC Service Solutions *JOC Choice Partners #21/039MR -01 *Prices are good for 30 days Date Q ! aU l off. j Date Date of Issuance: 09/14/2023 CHANGE ORDER #2 Owner: Brazos County Road & Bridge Owner's Contract No.: CIP 22-64OR Contractor: Fuqua Construction Engineer's Project No.: 21-0842 Project: Brazos County Bridge Scour 2021 The Contract is modified as follows upon execution of this Change Order: Reduce contract price at the end of the project for unused owner contingency and unused bid items. CHANGE IN CONTRACT PRICE Original Contract Price: S 878,352.84 Change from previously approved Change Order No.1 $ 34,786.76 Contract Price prior to this Change Order: 913139.60 Increase of this Change Order #2: $-24,029.55 Contract Price incorporating this Change Order: $ 88 1 APPRO ED: By: Owner (Authorized Signature) Title: Cj O U IJ1-%4 Jul & E Date: C, ] alto 1 a 3 RECOMMENDED: A�rv_ P-;p� Title: Project Manager ACCEPTED - By.. Contractor (Authorized Signature) Title: Tia i &C.}' Date: J 97.1, a Z3 Date: 09/14/2023 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31. 2024 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 -Austin 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 license granted by the Texas Juvenile Justice Department and/or any other appropriate State agency with licensure or regulatory authority over this facility. ARTICLE I PURPOSE 1.01 Whereas Austin 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 II 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 M 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 program; recreation facilities; and crisis intervention to each child placed within the Facility. B. If emergency examination, EMS treatment, healthcare 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 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. 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 .Austin 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 tothe detention Facility prior to the child's re -admission. D. 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. 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 daffy 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 Sheriff's Department. F. Service Provider agrees that the facility will accept any child who qualifies, without regard to such chflxs 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. 2 Brazos County Juvenile Justice Center Detention Services Agreement September 1, 2023—August 31, 2024 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 Austin County. I. 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 Austin 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 child 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 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 year's tax forms and documentation. The accounting shall be provided. to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 406 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 without 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 Austin 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 onforms 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. 2 Brazos County Juvenile Justice Center Detention Scrviws Agreement September 1, 2023—August 31, 2024 6.04 Service Provider will keep a record of services provided to juvenile Probation under this Agreement, and upon r reasonable notice will provide information, records, papers, reports, and other documents regarding services funnished 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 with the 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, ;t ARTICLE V113 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.- TexasJuvenile 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 (979) 865-2682 and Service Provider shall contact juvenile Probation by telephone at (979) 865-5911 within 24 hours. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local Iaw 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 1-877-786-7263. 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 abuseneglect@!Jd.texas,gov and Wi 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 (979) 865-2682. 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 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 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 fingerprint4msed criminal .history background search through the Texas Department of Public Safety. N. Brazos County Juvenile Jusliee 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 later: 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 his 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 (5) 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 than 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 Agrecmcnt 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 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 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 ?III OFFICIALS NOT TO BENEFIT 13.01 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 faihue 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 foIowing: 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 it is 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 larder -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, 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 XVM TEXAS LAW TO APPLY 18.01 This Agreement 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 Brazos County, Texas. ARTICLE XIX VENUE 1.9.01 Exclusive venue for any litigation arising from this Agreement shall 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 Austin 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. CJPO aII 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 30th [PREA §115.387(e) and (0] 10 Austin County Juvenile Probatio& �--S-no . . Chief Juvenile Probation dfficer Austin County Brazos County Juvenile Justice Center Detention Swam Agreement Scptember 1. 2423—August 31. 2424 Bra s County Juvenile Justice Center Linda Ricketson, Executive Director BRAZOS COUNTY COMMSSIONERS COURT ���� ��. 20 � FULLY EXECUTED IN DUPLICATE, EACH OF ON s�Pi-C WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By. Duane Peters, County Judge . 200 S. Texas Ave., Ste. 332 Bryan, TX 71903 Phone: 979-361-4102 Fax: 979-361-4503 q 11 % Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUItIE-352 I)RymAH, TX 71803 PHONk'(970) 361.4296 FAX (979) 361.4293 Sto.tonbet'l I.. 2023 Genftn & Thibb&,,vx 3 1 SN BryanAve. P.0,.-Box 056t Bryan; TX 77805 Re. Renewal of Confrad-04-026Rfor Legdl Repfes&fafion .ofhzdlgenl Juveniles for Brazoi Cairnly. Brazos County appreciates theqUality work your-compdny has provided and- would like to exercise the renewal option forConfkad #24-026R Legal Repitkentudon:,pf Indigent in iwn#esjpwPIoysIy knipon as 23-062R, 22-003R, 217001R, 20-001. All terms,-bondltions ;"uW pricing sh 11 remai'the'Same., Tliis.ivne*aI term will be for one; year ftni October 4. . 2023 to -Septeinber 39,2024. To accept she- renewal qptioff,. please fill but the -information- and tign. below. Return the signed documents by email to -ppelso @brazoscoulitymigoy or f6.(P7�) �61-4293. Please then -submit the T ' original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as poWble. Ifyqu have any questions. I may be reached at (979) 36'1-4291.. -Centaldt.wame: Title. GENW)N i -THIBODEAUX Lane AEd"ux Duane Peters, County Judge -. 2-7-<-qSte. 0-1, 5.e-i Date -zo Dow Qu, Date ft-tri-ck-.I(..'-. G- tudr-gii: font j al: e W 'M8 M Pryan Ave, e '. V--�QWk16661 -Bryan;-TexasMffi Phqn� OM 77�-9600 Fax: X9 70) 7"'26 endrgdn@s.udd g— o September 6,2023 U=W,CountykqrOhasing. IDepartment. .Chaves Wen dt 20.0 SputhTous Avenge, Suite 352. Awn- Texas 77803. RE., Lotter of Intrhtto, ReneWlWlgent: Juvenile Defdrjsd---Coii Dear Mr, Wendt: Wf. lojb�-.. forward to. midwahig :.Out working relationship -With beb4jf -of out. indigent Biams Qou* on client. W - willing to co, d e are atinw to represent indigent juveniles- in fiscal year Mg Please b&. advised that Lane Thibodeaux -will be th -retiring in 2024 beforet.h.e. endw of olsed year that we- V611 PrOvIde ample 10ficeprior to -Ws depart' to allow for Commissioner Cpurtapproval - of substituted counsel according to -the contract provisions. ftba.90 -AecePt this- Ietter as 40406 of our lhtedt to. renew ,the contract to represent indiont Juveniles who are 4nimmiallyaecMed.in Brazo' . s County, 'We are pleased that we have been able to. provide o services �bn bp,1461f P -ur emi�e§ Of -children Df Brazos county; the -Brazos county O-aJuvenile Court, urt, and the Brazos azos tunty:C6#mjssiooers Court.for-nearIy aqv... of - centurysince July 2000. if You h4V0 qUOSUOns, ase any- feel free: o call W. at.-77 Patdqk..K: Geridiroh AGREEMENT FOR LEGAL REPRESENTATION OF ELIGIBLE INDIGENT JUVENILES This contract, which is effective upon execution by the Brazos County Commissioners Court, is between Gendron & Thibodeaux referred to as "Contractors" and Brazos County, a political subdivision of the State of Texas "County." This contract supersedes any and all earlier contracts between these parties for the specified services. WHEREAS, Texas law mandates the provision of legal representation for juvenile indigents accused of a crime; and WHEREAS, pursuant to controlling state and/or federal law, the sum provided for therein may be determined by contract between the County and responsible attorneys; and WHEREAS, Contractors are attorneys who are qualified by reason of education, professional accreditation, experience, preparation, equipment, organization, staffing and facilities to provide the services contemplated by this contract on behalf of the County; and WHEREAS, the County has determined that the program contemplated herein to be performed by Contractor is within its legal authority to grant and will provide competent legal representation to indigent juvenile citizens financially unable to employ counsel; and WHEREAS, the Appointing Authority is the committee of judges comprised of the 85th District Court Judge, 361 st District Court Judge, 272nd District Court Judge, Judge of County Court at Law #1, and Judge of County Court at Law #2; and WHEREAS, it is in the public interest that the County contract with Contractor to render the usual and customary legal services where required by law to be provided to juvenile individuals, NOW, THEREFORE, the parties hereto agree: Contract for Legal Representation of Eligible Indigent Juveniles I. TERM OF CONTRACT The Contractors will begin accepting appointments under this Contract to represent indigent juveniles on October 1, 2019 and will cease to be appointed to cases after September 30, 2020, unless a contract is renewed between the County and the Contractors before October 1, 2019. The Contract may be extended as provided in Proposal Request No. 20-001 Section "Procedures for Renewal of Contract" incorporated and attached hereto. II. , SCOPE OF CONTRACT Legal representation shall be provided as detailed in Request No. 20-001. Beginning on the start date of this contract, the Contractors will be jointly appointed counsel to criminally accused juveniles from indigent families. III. MINIMUM ATTORNEY QUALIFICATIONS AND STANDARDS OF REPRESENTATION The minimum attorney qualifications shall be as specified in Request No. 20-001. The Contractors shall provide zealous legal services to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct. IV. DURATION OF REPRESENTATION The Contractors have the responsibility to complete all cases once representation is commenced during the term of the contract. V. SUBSTITUTION OF ATTORNEYS The Contractors shall be substituted only according to the terms as specified in Request No. 20-001. VI. CASELOAD LIMITATIONS The maximum number hearings that each attorney is allowed to perform under this Contract are seventy (70) hearings per week. Contract for Legal Representation of Eligible Indigent Juveniles 2 VII. CONFLICTS OF INTEREST The procedures for dealing with conflicts of interest as specified in Request No, 20- 001 shall be followed. VIII. INVESTIGATORS AND EXPERTS / EXPENSES Pursuant to Request No. 20-001, the Contractors will be solely responsible for all routine expenses associated with the representation of indigent juveniles to which appointed. There shaII be no additional compensation or reimbursement due on any case without the express, written approval of the Juvenile Court having jurisdiction over the case. IX. COMPENSATION AND PAYMENT PROCESSES The sum TWO HUNDRED FIFTY-THREE THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($253,125.00) is to be paid to the Contractors in twelve (12) equal installments of TWENTY-ONE THOUSAND NINETY-THREE DOLLARS SEVENTY-FIVE CENTS ($21,093.75) on the 1st of each month beginning November 1, 2019 and continuing thereafter until October 1, 2020. Payment shall be made as specified in Request No. 20-001 according to the requirements of the Brazos County Auditor. Payment is to be made to the "Indigent Juvenile Operating Account" unless otherwise specified by the Contractors. For cases assigned but not disposed within the term of the contract, the Contractors shall be compensated according to the regular schedule of fees for services provided to attorneys representing indigent juvenile clients. X. REPRESENTATION 1. The Contractors reserve the right to designate which attorney shall perfonn the various aspects of the representation of indigent juveniles. 2. Contractor's legal representation shall be of sufficient quality to meet all constitutional, statutory and case law requirements. 3. Contractor(s) shall complete all legal representation and support services for indigent juvenile individuals if properly appointed to represent such accused consistent with Texas law. Such services shall include but not be limited to: • alI necessary court appearances. • legal research. • investigative services if necessary • services of an interpreter which are required outside of court. • preparation and necessary appearances in pretrial or during trial writ Contract for Legal Representation of Eligible Indigent Juveniles 3 proceedings. preparation of briefs and other necessary legal documents, defense -required court reporter transcripts not statutorily mandated. assistance to indigents in fling notice of appeal and other legal documents pursuant to Contractor's representation. 4. Contractor(s) shall render all professional legal services reasonably required from the time of appointment to and including final adjudication or disposition in the Juvenile Court and, as necessary, filing notice of appeal, if any, and other legal documents pertaining thereto. 5. Contractor shall maintain all appropriate attorney case records and shall assure prompt inspection or transmission of copies of same upon order of the Court to any successor Contractor or private counsel on appeal regarding active cases or to the person represented. XI. INDEPENDENT CONTRACTOR 1. The parties agree that this contract does not create the relationship of attorney and client nor employee and employer between Contractors and the County. Contractors are independent contractors at all times. 2. Each Contractor shall at all times be, deemed independent and shall be wholly responsible for the manner in which it performs the service required by the terms of this contract. 3. Each Contractor exclusively assumes the responsibility for the acts of its subcontractors, associates and employees relative to the services provided during the term and scope of their employment. 4. Each Contractor shall not delegate nor assign any rights or obligations hereunder, either in whole or in part, without prior written consent of the appointing committee and the County. XII. INDEMNIFICATION Contractors each agree to indemnify, defend, and save harmless the County and to procure and maintain professional liability insurance. X1II. RIGHT OF TERMINATION 1. This contract can be terminated upon thirty (30) days written notice by or to the County. 2. Notwithstanding paragraph (1.) above, failure of either Contractor to comply with the terms of this contract and any reasonable directions by, or on behalf of the County, pursuant thereto, shall constitute a material breach of the contract by Contractor, and, in addition to any other remedy authorized by law, the County shall have the right to terminate the contract Contract for Legal Representation of Eligible Indigent Juveniles 4 immediately. Failure to exercise this right of termination shall not constitute waiver of such right, which may be exercised at any subsequent time. This contract may be terminated, at the option of the County, upon the occurrence of any of the following: a. Violation of any material provisions of the contract; b. Institution of proceedings by, or against, Contractor pursuant to the bankruptcy laws of the United States; C. Suspension of business operations, failure or receivership of Contractor(s) d. Assignment of the contract without prior written approval; e. The institution of disciplinary proceedings against either Contractor by the State Bar of Texas f. The commencement of criminal prosecution of either Contractor or g. Cancellation or other discontinuance of malpractice insurance liability coverage. h. Unavailability of funds for this contract. 3. Upon expiration or termination (by cancellation or otherwise), unless specifically relieved by the Courts, each Contractor shall be required to complete representation of all clients in all cases where previously appointed by the Court. XIV. RIGHT OF AUDIT Contractors will provide to the County Auditor written information regarding hearing outcomes on respective assigned cases every thirty days prior to receiving a disbursement for services performed therein. XV. RECORDS RETENTION Each Contractor shall maintain for a minimum of five (5) years past the date of final payment under this Agreement or until the Juvenile's 21 st birthday, whichever occurs later, all records and supporting documents pertaining to Contractor's respective assigned cases. XVI. GOVERNING LAW AND VENUE; The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County. Contract for Legal Representation of Eligible Indigent Juveniles XVII. NOTICE Except where oral notice is specifically allowed or required under this Agreement, any notice provided hereunder by any party to another shall be in writing and may be either (1) delivered by hand to the party or the party's designated agent; (2) deposited in the United States mail, postage paid; (3) transmitted by telecopy; (4) transmitted by electronic mail transmission, or (5) delivered by a reputable courier service. XVIII. SEVERABILITY In the event that a court finds any provision of this Agreement invalid and/or unenforceable, both parties agree the remaining provisions shall remain valid and in force. Contract for Legal Representation of Eligible indigent Suveniles 6 XIX. ADDITIONAL TERMS 1. Incorporation of RFP No. 20-001 Any other requirements of Request No. 20-001 that are not specifically noted in this Contract are incorporated into this Contract. 2. Available Funds Contractors expressly acknowledge that all monies paid pursuant to this Agreement shall be paid from budgeted available funds for the current fiscal year of the County. Brazos County's obligation for performance of this contract beyond the fiscal year for which the contract becomes effective is contingent upon Commissioners Court's approval and the availability of appropriated funds. 3. Oven Meetings The meetings at which this Agreement was approved by the Participants' governing boards were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. IN WITNESS WHEREOF, the parties hereto have affixed their signatures effective as of the date executed by County. ,TEXAS By: Date: Duane Peters, County Judge A t� `// 1 l LC_ Date; . lo IICI Contrac By: /.l - Date: U 4 Contractor BY: 1 Date: - -! Contract for Legal Representation of Eligible Indigent Juveniles DocuSign Envelope ID: 3737B514-8CE0-44C1-B20D-2F01BC2819E3 WebEOC Subscription Agreement (Hosted Implementation) This WebEOC Subscription Agreement (the "Agreement'), effective this day of Orh 2023 ("Effective Date"), is made by and between ESi Acquisition, Inc. ("ESi"), a Delaware corporation with its principal place of business located at 235 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30303 and Brazos County, Texas ("Client"), a State of Texas political subdivision having its principal place of business located at Brazos County CEOC, 110 North Main Street, Suite 100, Bryan, Texas 77803. ESi and Client may individually be referred to as a "Party" herein, or the "Parties" collectively. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Agreement. This is a Software -as -a -Service ("SaaS") based subscription agreement and not an agreement for sale. As of the Effective Date of this Agreement, this Agreement covers the WebEOC® Software Subscription and services (including Support Services) that Client purchases from ESi as a provider of Hosted/hosting services for the Software governed by this Agreement ("Services") pursuant to Exhibits, Orders and Quotes hereto that are executed and/or agreed upon by both parties and expressly references this Agreement This Agreement and all applicable Exhibits, Orders and Quotes hereto for Services and any attachments hereto and thereto are the complete agreement regarding ESi's Services hereunder and replace any prior oral or written communications between Client and ESi relating to such transactions. Client agrees that purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by ESi regarding future functionality or features. 2. Definitions. Unless otherwise specifically stated in this Agreement or in any Exhibit or Quote hereto, the capitalized terms used in this Agreement shall have the meanings set forth below: 2.1 "Administrator" means an employee, officer, director or consultant of Client to whom Client has provided a user account and certain rights to administer the Software on behalf of Client. 2.2 "Active User" means a User that has logged in to the Software at any time, for any period of time, within any given calendar month. 2.3 "Affiliate" means an entity that controls, is controlled by, or is under common control with a party hereto. 2.4 "Client Data" means data input by Client or its authorized Users into the Software. 2.5 "Confidential Information" means as set forth in Section 8 to this Agreement. 2.6 "Consulting Services" means all the professional services for installation or implementation of Hosted Services or Software, training services, or other non -recurring services as set forth on Exhibit E hereto; Consulting Services do not include Hosted Services or Support Services. 2.7 "Derivative Work(s)" means the work based on or derived from or modifications, enhancements or other functional extensions of the Software. 2.8 "Documentation" means the user manuals, requirements, specifications, training materials, and any other documents, materials, information or. guidance,. whether supplied as printed material or in electronic form, provided by ESi in conjunction with the purchase, training, use, technical support or update of the Software and Services provided hereunder. 2.9 "Fee" means the amounts due and payable by Client to ESi for the Subscription and Services pursuant to this Agreement; the Fee may be set forth on Exhibit C, as amended from time to time, to this Agreement or Quotes or Orders. 2.10 "Hosted Services" means as set forth in Exhibit D to this Agreement. 2.11 "Hosted System" means as set forth in Exhibit D to this Agreement. 2.12 "Installation" of the Software shall be deemed to be complete on the sooner to occur of (i) the day that the Software is available for production, (ii) the date of Client's first use of the Software in a live production environment, or (iii) 90 days following the date of Clients execution of this Agreement (or if for an amendment, Exhibit or Statement of Work adding Software, Modules, or Services under this Agreement, the Client's execution of such subsequent amendment, Exhibit or Statement of Work). 2.13 "Internal Business Purpose" means the primary business purpose of the Client as established by articles of incorporation, operating agreement, enabling statute, agency rule or regulation, or any other documentation that defines Client's primary business purpose; however, such Internal Business Purposes will be construed as narrowly as legally allowed and any overly broad business purposes will require further refining and supplementation in this Agreement. 2.14 "Juvare Cloud" means as set forth in Exhibit D to this Agreement 2.15 "Module" means a proprietary set of status boards developed by ESi for use with selected WebEOC Software which are designed to address a common functional need. 2.16 "Party" means as defined in the preamble above. 2.17 "Software," means, individually and collectively, all of the software granted to Client from ESi via the Subscription as identified on Exhibit A hereto and Software Updates to such software. Confidential and Proprietary $a658bOe3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 1 of 21 DocuSign Envelope ID: 3737B514-8CE0-04C1-B20D-2F01 BC2819E3 2.18 "Software Support Plan" means the Support Services plan provided by ESi pursuant to Exhibit C and Quotes to this Agreement. 2.19 "Software Updates" means any technical correction, patch, bug fix, enhancement or other software release to the Software that,is provided to Client pursuant to the Software Support Plan or the Software Subscription purchased by Client. 2.20 "Standard Business Hours" shall mean 9:00 a.m. through 6:00 p.m. U.S. Eastern Time, Mondaythrough Friday, excluding holidays, and are subject to change by ESi. 2.21 "Sub -Administrator" shall mean as set forth in Section 6 of this Agreement. 2.22 "Subscription" means a SaaS based subscription for Client to use and access the proprietary Software, Software Updates, online and/or hard -copy documentation and user guides as set forth in Section 4 of this Agreement and for the Term set forth in Exhibit A. 2.23 "Support Services" means the technical support services provided by ESi pursuant to Section 11, Exhibit and Exhibit C to this Agreement. May also be referred to as "Software Support Services." 2.24 "Term" means as set forth in Section 5 of this Agreement. 2.25 "Travel Expenses" means travel, living and out of pocket expenses (including travel agent service fees and applicable internal per diems) incurred by ESi in connection with the performance of Services hereunder, including, without limitation, charges and fees incurred by ESi resulting from the cancellation/rescheduling of scheduled air travel or similar services based on changes requested by Client to the applicable dates for performance of the relevant Services. 2.26 "User" means an authorized employee, contractor or affiliate of Client to whom Client has provided a user account for the Software; User includes Administrators and Sub Administrators. 3. Ownership and Licensing Authority. 3.1 Ownership of, and title to, the Software and Documentation shall be held by ESi and its licensor(s) and is protected by United States law and applicable international laws, treaties and conventions regarding intellectual property. ESi and its licensor(s) shall retain all rights, title and ownership not granted herein to all copies of the Software and Documentation provided as part of the Subscription under this Agreement. "WebEOC" is a registered trademark of ESi Acquisition, Inc., all rights reserved. 3.2 ESi is authorized to redistribute, license and/or provide subscriptions to any third -party software delivered with the Software and Documentation provided under this Agreement. The owner of such third - party software shall have the right to enforce this Agreement to the extent permitted by applicable law. 4. Subscription. ESi grants to Client, and Client accepts, subject to the following terms and conditions and payment of the applicable Fees, a limited non-exclusive, non -transferable, and non-sublicensable revocable term Subscription according to the terms stated herein, to use and access the Software and Documentation for the stated Term. Except as expressly authorized in this Agreement, Client shall not rent, lease, loan, sell, sublicense, distribute, transfer, copy, reproduce, display, modify, provide commercial hosting services, time share or dispose of the Software or Documentation or any part thereof, use the Software to provide any services to third parties or otherwise use the.Software.and:Documentaflon to. generate commercial revenue. 5. Term. The "Term" of this Agreement shall commence on the Effective Date (as defined on page 1) of this Agreement and shall continue through the sooner to occur of: (i) termination of this Agreement pursuant to the terms hereof, or (li) expiration of the "Term" of the Subscription to the Software as set forth in Exhibit A (Exhibit is herein incorporated and made part of this Agreement by this reference). S. Permitted Uses. Clients, and its User's, access and use of the Software shall be limited and subject to the foliowing terms and conditions: a. One (1) Instance of the Software on one (1) Machine. As used herein, "Machine" means a single laptop, personal computer or web server, or a combined web and database server or multiple load - balanced web servers, configured to point to a single database and database server that is used operationally or "in production" ("Instance"). b. Client may use the Software and Documentation solely for Client's internal business purposes. c. Client also may make one (1) copy of the Software for back-up or archival purposes. d. Client also may use the Software to support "non -production" software development cycle activities if a non -production Subscription is purchased, as set forth in Exhibit A hereto. e. If Client requires or desires operational use of more than one Instance of the Software, an additional Subscription Fees shall be required. f. The Client's storage capacity is set to the maximum as set forth on Exhibit A hereto. ESi shall have the right to conduct regular audits of Client compliance with the storage capacity permitted under this. Agreement. In the event Clients storage usage exceeds such capacity, Client will receive a warning notice -(via email being sufficient) from ESi and Client shall promptly remove the excess data from the Hosted System (as defined on Exhibit D causing the capacity excess or Client shall promptly Confidential and Proprietary $a658b0e3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 2 of 21 DocuSign Envelope ID: 3737B514-8CE0-44C1-B20D-2F01BC2819E3 purchase from ESi additional storage capacity in sufficient quantity at ESi's then current rates for such additional storage; Provide d, however, if Client does not either remove such data or purchase the additional storage capacity within the time period specified in the warning notice (if no time period is specified in the notice, then thirty (30) calendar days shall apply), then ESi shall be entitled to delete the Client's Data within the Hosted System on a first in -first out approach, without any liability to ESi. g. The Subscription is on a named and Active User basis. Each Administrator, Sub -Administrator, and User shall have a unique user account. User accounts, usernames and passwords shall not be shared. There shall be no limitation on how many User accounts that Client may create; however,Client may only provide access to the number of Administrators, Sub -Administrators, and Active Users set forth in Exhibit A to this Agreement. Active User counts are based on the number of unique logins each calendar month. ESi shall have the right to conduct regular audits of Client compliance with the number of Active Users permitted underthis Agreement. Client agrees to provide ESi with the information required, if any, for ESi to complete such audits. Such audits shall be conducted at ESi expense. Client shall not have the number of Active Users restricted during the term of Agreement; however, Client shall be in violation of Active User limits if the number of Active Users during any month covered by the audit is greater than the number of Active Users permitted in Exhibit A. Client shall be given "forgiveness" for the first Active User limit violation in a contractual year period; however, all additional violations shall incur additional fees. Clients that incur the additional fees for Active User limit violations may elect to either (a) pay the difference in their current user level and the apprioppate user level plus a 20% convenience fee for each month in which the Active User limit was exceeded; (b) immediately increase the Active User count to the appropriate level and pay the pro-rata difference between the subscriptions plus a 10% convenience fee within 30 days of the increase; or (c) immediately increase the Active User count to the appropriate level but pay the pro-rata difference between the subscriptions plus a 10% convenience fee, plus late fees as defined in Paragraph 16 upon subsequent renewal term. h. Administrators, Sub -Administrators, and Users shall have different rights to access the Software as follows: i. Administrators may access all features of the Software. Certain features of the Software may only be accessed by named users who are granted status as an Administrator ("Administration Tools"). Administration Tools include, without `limitation, the following: creation and administration of user accounts; creation and subsequent editing of incidents; software configuration; use of the WebEOC BoardBuilder tool; installation and administration of board sets, plug -ins, modules, interfaces and Software Updates; and access to the Software's Application Programming Interface. ii. "Sub -Administrator" is a subset of Administrator Users as set forth in this subsection (ii) and such Sub -Administrators are only active if set forth on Exhibit A to this Agreement and if Client has subscribed to the WebEOC Enterprise Software. Sub -Administrator rights also shall be available solely.to support management of Sub -Organizations. Sub -Administrators may access the following Administration Tools: creation of user accounts; management of user accounts including definition of roles and permissions; and creation and subsequent editing of incidents. Maintenance of Sub -Administrator rights requires the purchase of an annual "Enterprise" Software Support Plan. If Client elects to discontinue the required Software Support Plan, access to Sub -Administrator features and any other benefits of Enterprise which ESi may elect to make available from time to time shall be discontinued. iii. Users may not be granted access to any Administration Tools, except that Administrators may grant designated Users rights to create or edit incidents and to add or edit maps in MapTac1m. i. Except where otherwise provided in this Agreement, rights to access and use Administrative Tools are given exclusively to the Client and Client may not grant such rights to any third party. j. Client may provide its consultant(s) or independent contractor(s) with access to the Software and Documentation, provided that such consultants or independent contractors are using the Software and Documentation exclusively for the benefit of the Client Client shall be responsible for compliance by its consultants and independent contractors with the terms and conditions of this Agreement k. If Client has subscribed to the WebEOC Enterprise Software or the WebEOC Professional Software, then Client may use the WebEOC BoardBuilder tool and, if subscribed to, the DesignStudio® solution, to copy, modify and create forms and templates ("Status Boards") and Client may distribute, in printed form or as electronic media, the Status Boards to Clients authorized users, provided that such Status Boards are used exclusively for the internal business purposes of Client. Status Boards shall be considered Derivative Work(s) of the Software and Client shall not sell, resell, license or otherwise transfer for value any Derivative Work(s) created using the WebEOC BoardBuilder tool or the DesignStudio®,solution, and Client shall not distribute such Derivative Work(s) as part of any Confidential and Proprietary $a658bOe3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 3 of 21 DocuSign Envelope ID: 3737B514-8CE0-44C1-B20D-2F01BC2819E3 product or service for value to any third party. Any Derivative Work(s) prepared by Client shall remain subject to the terms of this Agreement and shall clearly display the following copyright notice to property acknowledge the proprietary rights of ESi and its third -party licensors: "This work includes the intellectual property of ESi Acquisition, Inc. and its licensors and is provided under subscription/license. Copyright© 2002-2022, ESi Acquisition, Inc. and its licensors. All rights reserved." I. Client may, at its option and according to the terms of the ESi standard price list, obtain a Disaster Recovery Software Subscription to support replication of an active, source server to one or more redundant (Target") servers which may be placed in use to support disaster recovery or fail -over activities. A Disaster Recovery Software Subscription is required for each Target server. A Disaster Recovery Software Subscription may be used to operate an "in production" instance of the Software only when the source server is inactive or inoperable; only one Instance of the Software shall be active at any one time. Client is not required to obtain additional subscriptions for Software plug -ins, modules or interfaces installed on a redundant non -production Instance. m. Permitted uses of WebEOC Fusion Software vary from the terms set forth in subsection (a) through (1) of this Section 6; in the event Client has purchased WebEOC Fusion Software, this subsection 6(m) shall apply: Client may install and place in production one (1) copy of WebEOC Fusion Software on one (1) source server and one (1) target server. Client may make one (1) copy of the WebEOC Fusion Software for back-up or archival purposes, or Client may install a second copy of the WebEOC Fusion Software on a second Machine if only one (1) copy of the WebEOC Fusion software is in use at any one time. There is no limit to the number of the Subscription Instances of WebEOC Fusion Software® (or number of WebEOC Fusion Software clients) which may be connected by a single instance of WebEOC Fusion Software, provided that (i) only the Client of the WebEOC Fusion Software has administrative privileges and administrative access to the WebEOC Fusion Software and (ii) the Client has paid to ESi all applicable connection fees. n. A high-speed Internet connection is required for proper transmission of the Client Data into the Hosting Services and Software. Client, at its sole cost and expense, is solely responsible for procuring and maintaining the network connections that connect the Client network to the Hosting Services and Software, including, but not limited to, "browser" software that supports protocols used by ESi, and to follow procedures for accessing services that support such protocols. ESi is not responsible for notifying Client and its Users of any upgrades, fixes, or enhancements to any such software or for any compromise of data, including Client Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated, or controlled by ESi. ESi assumes no responsibility for the reliability or performance of any connections as described in this subsection. o. Client and its Users agree to not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Software and Hosting Services available to any third party, other than authorized Users in furtherance of Client's Intemal Business Purposesas expressly. permitted by.this.Agreement;.(ii) use.the Software and Hosting Services to process data on behalf of any third party other than Client; (iii) modify, adapt, or hack the Software and Hosting Services, or otherwise attempt to gain unauthorized access to the Software and Hosting Services or related systems or networks; (iv) falsely imply any sponsorship or association with ESi, (v) use the Software and Hosting Services in any unlawful manner, including but not limited to violation of any person's privacy rights; (vi) use the Software and Hosting Services to send unsolicited or unauthorized junk mail, spam, pyramid schemes, or other forms of duplicative or unsolicited messages; (vii) use the Software and Hosting Services to store or transmit files, materials, data, text, audio, video, images, or other content that infringes on any person's intellectual property rights; (viii) use the Software and Hosting Services in any manner that interferes with or disrupts the integrity or performance of the Software and Hosting Services and its components; (ix) attempt to decipher, decompile, reverse engineer, or otherwise discover the source code of any software making up the Software and Hosting Services; (x) use the Software and Hosting Services to knowingly post, transmit, upload, link to, send, or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (xi) use the Software and Hosting Services to store or transmit any "protected health information" as that term is defined in U.S. 45 C.F.R.160.103 or "personal data" as that term is utilized in the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); (xii) use the Software and Hosting Services to knowingly post transmit, upload, link to, send, or store any viruses, maiware, trojan horses, time bombs, or any other similar harmful software; or (xiii) try to use, or use the Software and Hosting Services in violation of this Agreement. p. Communication Notifications. Client acknowledges that all content, data, text, messages and other material ("Content) contained in a voice, text, e-mail, Short Message Service ("SMS"), or other Confidential and Proprietary $a658b0e3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 4 of 21 DocuSign Envelope ID: 3737B514-BCE0-44C7-B20D-2F01BC2819E3 telephonic or electronic notification, including prerecorded and artificial voice and autodialed messages (collectively referred to hereinafter as 'Communication Notification") sent by Client or its Users through the Services, Software, and Hosted Services are the sole responsibility of Client Under no circumstances will ESi or any of its providers be responsible for any loss, damage, or liability arising out of the Content of any Communication Notification, including any mistakes contained in the Content or the use or transmission of the Content Client acknowledges that all Content is the sole responsibility of Client. Client is solely responsible for the integrity and quality of the Content. Client agrees not to use the Services, Software, and Hosted Services to send any unsolicited Communication Notification, unless otherwise legally permitted. Client also certifies that it will not use rented or purchased lists, email append lists, 'scraped" fists, or any other list that contains email addresses captured in any other method than opt4n. Client will not send any Communication Notification unless (a) the recipient of the message is an employee of Client sending the message, (b) is using a device owned or paid for by Client sending the message, (c) using a personal device and the User has given Client permission to communicate with them via the device, (d) Client has obtained "opt -in° consent from the User or (e) Client is otherwise legally permitted to dispatch consentless messages. Client acknowledges that it is Client's responsibility to obtain prior consent from its Users or obtain other legal authority prior to sending any SMS. Client represents and warrants that it will send Communication Notifications in accordance with this Agreement; Client has determined that the phone numbers to be called exclude emergency numbers and other numbers that may not be called using an automated system under applicable law; Client agrees to comply with all international, including, but not limited to, the General Data Protection Regulation ("GDPR), U.S. federal, state and local laws, including but not limited to, the Fair Debt Collection Practices Act, Telephone Consumer Protection Act ("TCPA"), Controlling the Assault of Non -Solicited Pornography And Marketing Act ("CAN-SPAW), Federal Trade Commission or any other international, U.S. federal or state regulatory authority. Client will not (a) violate any regulation of the U.S. Securities and Exchange Commission or any stock exchange, infringe one another's rights in intellectual property, is invasive of another's right to privacy, or violate any privacy laws, privacy policies of Client or any other thins parties or do anything that would justify a complaint to the Federal Communications Commission; (b).engage or facilitate any illegal, unethical, deceptive or misleading practices in connection with the use of the Services, Software, and Hosted Services, including, but not limited to, creating a false identity or forged email, phone or message header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) use the Services, Software, and Hosted Services in connection with any junk email, junk phone messages, spamming or any unsolicited messages (commercial or otherwise); (d) provide, or knowingly allow any third parties to provide, Content or other material to be transmitted in connection with or through the Services, Software, and Hosted Services which: is defamatory, libelous, obscene, pornographic or is harmful to minors; promotes violence, discrimination, or illegal activities; transmit any material that contains viruses, worms, cancelbots or.any.other harmful. code or.computer programs. designed to disrupt the functionality of any computer software or hardware or telecommunications equipment; or (e) violate any law, statute, ordinance or regulation, (including without limitation the laws and regulations governing export control). Client is allowed to send SMS in text format only; no binary SMS messaging is allowed. Violations of any law or condition set forth herein may result in immediate suspension or cancellation of the Services in order to protect ESi' ability to deliver Services, Software, and Hosted Services. ESi may at its sole discretion determine whether a Communication Notification meets acceptable criteria and will be uploaded to the Software. Client hereby acknowledges that ESi merely provides Software for facilitating the sending of Client's Communication Notifications, and that Client shall have sole responsibility and liability for its messages and communications. Client also agrees to defend, indemnify and hold harmless ESi from and against any claims or damages which may result from the Client and its Authorized Users Use of the Services, Software, and Hosted Services, including, but not limited to, claims, damages, or lawsuits threatened or filed by third parties as well as inquiries and investigations by local, state and federal regulators. ESi reserves the right to hold, suspend or terminate Client's account or access to the Services, Software, and Hosted Services for any alleged violation of this Section and/or any unusual or suspicious activity related to Client's account If Communication Notifications are included in the Fees set forth on Exhibit C, such Fees are for Communication Notifications to U.S. based telephone numbers only; ESi will invoice Client, and Client shall pay such invoice, for any Communication Notifications sent to telephone numbers that are not U.S. based. Protection of Software. Client agrees to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code represents and embodies trade secrets of ESi Confidential and Proprietary $a658bOe3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 5 of 21 DocuSign Envelope ID: 373785148CE0-44C1-B20D-2F01BC2819E3 and/or its third -party licensors. The.Software source code and embodied trade secrets are not licensed to the Client. Client agrees not to disassemble, decompiie or otherwise reverse engineer the Software, use reflection or other mechanism to view, interpret, translate or try to understand the structure of the Software, or otherwise attempt to discover the source code and/or the trade secrets contained in the source code, and Client will not allow third parties to do so. Client may not, nor allow third parties to, modify or alter the Software in any way. S. Confidentiality, 8.1 Confidential Information Defined. During the Term of this Agreement and in connection with each party's performance of their respective duties and obligations hereunder and thereunder, each party will disclose to the other (°Discloser:') and the other party shall receive CRecipienf) certain Confidential Information of the Discloser. The term "Confidential Information° shall mean any and all information that the Discloser discloses to the Recipient in connection with or related to this Agreement, whether disclosed verbally, electronically, visually, or in a written or other tangible or intangible form, including, but is not limited to, trade secrets, pricing information, terms of this Agreement, customers, customer lists, intellectual property, computer programs, software, documentation, formulas, data, inventions, techniques, financial, marketing or product development plans, personnel, audit results, designs, performance data, as to ESi, the ESi Technology and any other deliverables (including, without limitation, data, information, computer code and reports) provided in connection with the Software, and, as to Client, the Client Data, as well as any other information that the Discloser clearly communicates to the Recipient as confidential. 8.2 Duties with Regard to Confidential Information. The Recipient agrees that it will only use the Discloser's Confidential Information in the performance of its obligations hereunder or as otherwise expressly provided in this Agreement, and that it will only disclose the Discloser's Confidential Information only to those of its directors, officers, employees, consultants, agents, independent contractors, and professional advisers who need to know such information and who are subject to written agreements with the Recipient sufficient to enable the Recipient to require such persons to comply with the Recipients confidentiality obligations hereunder. The Recipient agrees that it will treat all of the Discloser's Confidential Information with the same degree of care (but no less than reasonable care) as it accords its own confidential information. Notwithstanding the foregoing or ESi's obligations elsewhere in this Section, Client understands that ESi does not require any information for the performance of Services hereunder, and that ESi cannot guarantee the security of Client Information when added to the Juvare Exchange, stored on Client's applicable equipment and hardware or transmitted or accessible when using the Internet or other services providers. ESi shall not be Gable or responsible to Client or any other party for any losses, damages, claims, costs or other obligations arising out of or relating to any unauthorized access to, disclosure or use of information stored by Client on the System, including, without limitation, within the Juvare Exchange, or while such information is transmitted or accessible through the Software, the Internet or services providers. Additionally, ESi shall not be responsible for any breach of security or confidentiality caused by Clients failure to maintain the confidentiality and control of its user identification numbers or passwords related to its use of the Software provided hereunder. 8.3 Exclusions from Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Recipient or its personnel; (b) has been or is obtained by the Recipient from an independent source without accompanying obligations of confidentiality; (c) is independently developed by the Recipient without reliance in any way on the Discloser's Confidential Information; or (d) has been approved for unrestricted release by the Discloser in writing. Additionally, the Recipient may disclose the Discloser's Confidential Information where the Recipient is required by law to disclose information that is otherwise Confidential Information, provided (to the extent not prohibited by law) the Recipient has first notified the Discloser in writing as soon as is commercially reasonable of such requirement to disclose the Disclosers otherwise Confidential Information in order to permit the Discloser to seek confidential treatment of such information. With respect to any disclosure made pursuant to this Section, the Recipient (or any of its Representatives) agrees to furnish only that portion of the Confidential Information that it reasonably determines, in consultation with its counsel, is necessary under applicable law. Additionally, Client agrees to reimbursement ESi at its then current hourly rate forsuch services for the number of hours spent by ESi responding to legal requests for Client Information in ESi possession. 8.4 Protection of Confidential Information. Notwithstanding the "Dispute Resolution" Section of this Agreement, the Recipient acknowledges that the Discloser shall have the right to take all reasonable steps to protect the Discloser's confidential and proprietary interests, including, but not limited to, injunctive relief in a court of law or equity and any other remedies as may be available at law or in equity in the event the Recipient does not fulfill its obligations under this Section. 8.6 Survival of Confidentiality Obligations. Each party's obligations of confidentiality pursuant to this -Section for all Confidential Information disclosed between the parties during the term of this Agreement shall survive the expiration or termination of this Agreement as follows: (I) for Confidential Information consisting of Confidentiar and Proprietary $a658b0e3b44a$42F7907BD86C4CE19F92A9D28363E9C8.doac Page 6 of 21 DocuSign Envelope ID: 37378514-8CE0-04C14620D-2F01BC281gE3 trade secrets, for so long as such information remains a trade secret of the Discloser or for five (5) years following the expiration or termination of this Agreement, whichever is longer, (i) for Confidential Information consisting of the Discloser's customer information or ESi's suppliers' information, indefinitely, and (iii) for all other Confidential Information, for five (5) years following the expiration ortermination of this Agreement. 8.6 Termination of This Agreement. Upon termination of this Agreement or upon the Discloser's written request, the Recipient agrees to terminate all use of the Discloser's Confidential Information and to either return to the Discloser all copies of the Discloser's Confidential Information in its possession or under its control or to provide the Discloser with a written notice from one of the Recipient's authorized representatives certifying that all copies of the Discloser's Confidential Information in the Recipient's possession or control have been destroyed; provided, however, the Recipient may (at its option, but not its obligation) keep a copy of the Discloser's Confidential Information in its archives, and the provisions of this Section shall continue with respect to such Confidential information. Notwithstanding the foregoing, in no event shall any Client Confidential Information, including, without limitation, the Client Data, that is entered into or shared in the Juvare Exchange be returned to Client or removed from the Juvare Exchange; Client understands and acknowledges that any Client Confidential Information, including, without limitation, the Client Data, entered into the Juvare Exchange is visible and viewable by other Juvare Exchange users and is not secure or held confidential. 9. Proprietary Interests. The Software and Documentation, and all copies thereof, shall remain the exclusive property of ESi and/or its third -party licensors. All applicable rights to copyrights, trademarks, logos, patents and other intellectual property shall remain vested in ESi and/or its third -party licensors. Client shall not claim, register, alter or modify, any interest in such copyrights, trademarks, patents or other intellectual property, nor shall Client nor attempt to do any of the foregoing. Client shall not translate any of the ESi trademarks into any other language or alphabet. Notwithstanding the foregoing, Client shall always have title to data input and output arising out of the use of the Software, and any computer programs developed by or for Client using output of the Software as input to another source, and which do not include any logic and code of the Software, and such shall remain the exclusive property of the Client. Client acknowledges and agrees that ESi may seek equitable relief at any time to remedy a violation or threatened violation of the restrictions set forth herein regarding the use and protection of the Software and Documentation. 10. • Copying of Documentation. Client may make as many copies of the Documentation as necessary for Clients internal purposes, provided the Client shall not modify or alter the content or appearance of the Documentation, modify or alter the appearance of any ESi trademark or logo in the Documentation, or eliminate any references to ESi, WebEOC or other ESi Software in the Documentation and provided that the Client shall reproduce and distribute the ESi copyright and notices page contained in the Documentation with all such copies and maintain the confidentiality of the copies and destroys or returns such copies in accordance with Section 8 (Confidentiality) above. 11. .. Support Services. During.the Term-of.this.Agreernentand.provided Client is not in violation of this Agreement (including, without limitation, paying for the Subscription Fees), ESi will provide Support Services (all as further defined in Exhibit B hereto; Exhibit B is herein incorporated and made part of this Agreement by this reference) for the Software during the Standard Business Hours consisting of the following: (i) ESi will use reasonable efforts to maintain the Software to comply with the applicable Documentation in all material respects, and (it) if and when made generally available through Support Services to ES1's other customers receiving Support Services, providing subsequent releases and versions of the Software for use consistent with ESI's then current policies. All Software Updates received 'by Client shall be subject to the terms of this Agreement. Support Services shall not include, and ESi shall not be responsible for, failures of the Software to perform consistent with the Documentation, specifications, requirements and other details set forth in Exhibit A or any subsequent amendments or quotes hereto in all material respects resulting from or caused by Client, Clients hardware and equipment, Client's connection to the Software, third party service providers, including, without limitation, communications services providers, or otherwise disclaimed elsewhere in this Agreement. 12. Hosted Services. During the Term of this Agreement and provided Client is not in violation of this Agreement, ESi will provide Hosted Services, as set forth in Exhibit D hereto, for the Software during the Standard Business Hours. Exhibit D is herein incorporated and made part of this Agreement by this reference. 13. Consultina Services. ESi will perform the Consulting Services set forth in any Exhibit or Statement of Work between the Parties in accordance with the terms within the applicable Exhibit and/or Statement of Work, for the Fees for such professional services as set forth in such Exhibit or Statement of Work. Each attachment for Consulting Services will include details that: (A) best utilizes the Consulting Services purchased and/or (B) identifies the- date of achievement of- mutually agreed to milestones tied to the deployment of the Subscription(s) and/or Service(s). Confidential and Proprietary $a658b0e3b44a$42F790713D86C4CE19F92A9D28363E9C8.docx Page 7 of 21 DocuSign Envelope ID: 3737B514-8CE044C1-B20D-2F01BC2819E3 14. Warran 14.1 Warranty by ESi. For new Software provided pursuant to the Subscription purchased by Client pursuant to this Agreement (for instance, merely adding additional Users to the Subscription for use with the Software would not be considered new Software), ESi warrants that, for a period of sixty (60) days from the Installation (the "Software Warranty Period"), the Software, when used in accordance with the applicable Documentation and this Agreement, will perform in compliance with the specifications for such Software as set forth in the Documentation in all material respects. in the event the Software fails to perform as warranted herein during such Software Warranty Period, and ESi receives written notice of such failure from Client following the first occurrence of such failure (and in all events priorto the expiration of the Software Warranty Period): a. ESi shall use all reasonable efforts to correct any reproducible error condition reported to ESi in such written notice during the Software Warranty Period as soon as reasonably possible (not to exceed 45 days) following receipt of such written notice; b. if ESi is unable to resolve such failure to comply with the warranty as provided above through either a correction or reasonable work around, Client may terminate the applicable order only (n its entirety) without penalty or liability for any amounts payable (other than charges and fees incurred prior to the effective date of such termination) on written notice to ESi that is received by ESi within 3 business days of the expiration of the 45 day "cure period' for any failure to comply with the warranty, and ESi shall, within thirty (30) days following the effective date such termination, refund to Client the pre- paid unused amounts paid by Client pursuant to the terminated order during the 60 day period prior to the effective date of such termination. Additionally, to the extent not already waived or expired as provided above, all rights of termination by Client pursuant to this Section shall expire to the extent ESi has not received a written notice of termination pursuant to this Section prior to the expiration of the Software Warranty Period; c. In the event of termination of an order as provided in this Section, Client shall not be obligated to pay any additional charges or fees payable pursuant to such terminated order for the period after the effective date of such termination; and d. The limited warranty provided hereunder (including ESi's obligations to restore Software and provide corrections and Client's rights of termination pursuant to this Section) shall not apply to Software to the extent it has been modified by other than ESi (or its contractors or agents), modified at Client's request, or not used in accordance with the requirements of this Agreement, the Documentation, specifications, and the Quotes or order forms. ESi does not warrant that the Software will operate uninterrupted or error free, that all errors can be corrected, or that it will satisfy Client's requirements. This Section sets forth Client's sole and exclusive remedy, and ESi's entire liability, for the failure of the Software to satisfy the warranty described in this Section. Any refunds pursuant to this Section shall be applied against any limitations of liability set forth in this Agreement. ESi shall have no obligations pursuant to this Section for claims under this Section for which Client does not provide ESi written notice prior to the expiration of the Software Warranty Period. In addition to the terms above, any termination of an initial Quote or Order pursuant to this Section shall also terminate this Agreement 14.2 Warranty by Client. Client represents and warrants that (a) the performance of its obligations and use of the Software by Client and its Users, including, without limitation, any Administrators or Sub - Administrators, if any, will not violate any applicable laws or regulations, ESi's rules and regulations or cause a breach of any agreements with any third parties; (b) it will not interfere with ESi's systems or the use of any services or systems by other ESi's clients; (c) it will not provide or enter any Client Information or Client Data into the Software or Systems that may or does contain protected health information under Health Insurance Portability and Accountability Act of 1996 ("HIPAA"); (d) it will not provide or enter any Client Information or Client Data into the Software or Systems that may or does contain personal data as regulated by the General Data Protection Regulation 2016/679 (the "GDPR"); and (e) it will not send any notifications, be it SMS, email, text, pager alerts, phone calls, using the Software or Systems without obtaining the consent of any User or recipient as required by applicable laws, statutes, or regulations. In the event of any breach of any of the foregoing Client warranties, in addition to any other remedies available at law or in equity, ESi will have the right, in its sole reasonable discretion, to terminate or suspend immediately any related Software if deemed reasonably necessary by ESi to prevent any harm to ESi, its Clients and/or its business. ESi will provide to Client notice (email being sufficient) of such termination or suspension of the Software and, in ESYs sole discretion if an opportunity to cure the breach if practicable depending on the nature of the breach, ESi may provide the Client with -an- opportunity to cure such- breach and -if cured, in ESi's full satisfaction, ESi may restore the Software or access to the Software. Confidential and Proprietary $a658b0e3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 8 of 21 DocuSign Envelope ID: 3737B514-8CE044C1-B20D-2Fo1 BC2819E3 15. Disclaimers. 16.1 ESI DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND/OR ACCOMPANYING DOCUMENTATION. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ESI OR ANY OF ITS AGENTS, EMPLOYEES OR CONTRACTORS SHALL CREATE A WARRANTY, AND CLIENT IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. ESI EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS. 16.2 THE SOFTWARE AND ANY SERVICES THERETO ARE NOT COMPLIANT WITH THE REQUIREMENTS OF THE HIPAA. 15.3 The Software is an information management application. The software is not fault -tolerant and is not designed, manufactured, or intended for use or resale in hazardous environments that require fail-safe performance such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, emergency response, terrorism prevention or response, life support or weapons systems (collectively "High Risk Activities"), the failure of which could lead to death, personal injury, or severe physical or environmental damage. ESI EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. Client agrees to indemnify, defend and hold ESi, and its affiliates, officers, directors, employees, agents, subcontractors, licensors, successors, and assigns harmless from and against any and all liability, losses, claims, expenses (including attorneys' fees), demands or damages of any kind, including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in connection with the Client's use of the Software for High Risk Activities. 16. Fees and Payment Terms. 16.1 Payment: Late Payment. All amounts are due and payable by Client to ESi as set forth in Exhibit C hereto (unless alternative payment terms are mutually agreed up on by the parties). Exhibit C is herein Incorporated and made part of this Agreement by this reference. Any payments not received by ESi within thirty (30) days after the date of the applicable invoice (or as otherwise due under the applicable Exhibit C or Quote) will be considered past due and will accrue a late fee of 1.50/a (or, if less, the highest amount allowed by applicable law) for failure to pay such invoiced amount within thirty (30) days of the applicable invoice date and for each thirty (30) day period thereafter that such amounts remain past due and owing. 16.2 Travel Expenses and Additional Charges. To the extent that the Software and services provided hereunder may require ESl to travel, Client shall pay Travel Expenses reasonably incurred by ESi in connection with such travel. ESi shall invoice Client for Travel Expenses on a monthly basis as Incurred. Travel Expenses are in addition to any charges set forth In this Agreement or any Quote hereto. Other additional charges may be required should Client elect to:, (a) use the Software on more than one (1) Instance; (b) Increase the number of named users who may access the Software; (c) increase the number of non -production instances of the Software; (d) additional Software; (e) upon renewal; (f) increase storage capacity; or (g) as otherwise required. by.the Agreement. 16.3 Renewal Charges. At least sixty (60) days prior to the expiration of the initial Period (as defined in Exhibit A or a then current Renewal Period, ESi may notify Client of the current fees for Software and Support Services, and submit a Quote and/or invoice Client for such fees for the Renewal Period, as appropriate, so that such amount is due and payable priorto the commencement of such Renewal Period. ESi shall be entitled, in its sole discretion, to increase the fees for the Software and Support Services. 16.4 Suspension of the Software. Services and Support Services. Without limitation as to any other rights or remedies of ESi under this Agreement, ESi reserves the right to immediately suspend Client's access to and use of the Software and the Services (including, without limitation Support Services), without notice to Client, if any charges or fees payable to ESI are past due and not paid within the time frame set forth in Section 16.1 or elsewhere In this Agreement or an Exhibit, Statement of Work or Quote hereto, as applicable. Client agrees that ESi shall have no liability to Client, and Client waives any claim or action against ESi in the event of suspension or termination of access to or use of the Software and the Services for Client's failure to timely pay charges. Client's payment obligations shall continue during any period of suspension pursuant to this Section. 16.5 Taxes. All amounts charged by ESi are exclusive of, do not include, and Client shall be solely responsible for payment of, all sales, excise, use, value added, withholding, import or other taxes, tariffs and duties which are imposed to the Software and Services by or under the authority of any government or any political subdivision thereof, except for any taxes based upon ESI's net income, assets or worth. ESI shall invoice Client for amounts it is obligated to collect or is allowed to recover as such taxes, tariffs and duties. Client's obligations for the payment of taxes, tariffs and duties payable hereunder shall survive the expiration or termination of this Agreement. If the transaction or the Client is exempt from taxes, ESi will not charge tax provided that Client timely provides ESi with a valid exemption certificate or other evidence of such exemption in a form reasonably acceptable to ESi. To the extent permitted under applicable laws and regulations, ESi Confidential and Proprietary $a658b0e3b44a$42F7907BD86C4CE19F92A9D28363E9C8.door Page 9 of 21 DocuSign Envelope ID: 3737B5148CE0-44C1-B20D-2F01BC2819E3 will not charge tax on transactions for the electronic delivery of the Software and Services. All payments due from Client shall be made without any deduction or withholding on account of any Taxes, charge or penalty, except required by law, in which case the sum payable by Client from which such deduction or withholding is to be made shall be increased to the extent necessary to ensure that, after making such deduction or withholding, ESi receives and retains (free from any liability with respect thereof) a net sum equal to the sum it would have received but for such deduction or withholding being -required. 17. Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY EXHIBITS OR ATTACHMENTS HERETO AND TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ESI (INCLUDING ITS AFFILIATES) SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY EXHIBIT, QUOTES. OR ORDERS HEREUNDER (HOWEVER ARISING, UNDER ANY THEORY INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, CONTRACT OR STRICT LIABILITY), INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INTERRUPTED COMMUNICATIONS, LOST DATA, LOST REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR SOFTWARE OR SERVICES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF THE SOFTWARE OR SERVICES, EVEN IF ESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. SUBJECT TO THE FOREGOING AND TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FOR THIS AGREEMENT AND EACH QUOTE FOR SOFTWARE OR SERVICES HEREUNDER, IN NO CASE SHALL ESI'S (INCLUDING ITS AFFILIATES) MAXIMUM AGGREGATE LIABILITY DURING ANY TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT (THE FIRST OF WHICH SHALL COMMENCE ON THE EFFECTIVE DATE OF THIS AGREEMENT) UNDER ANY CIRCUMSTANCES EXCEED THE AMOUNTS ACTUALLY PAID TO ESI BY CLIENT PURSUANT TO THIS AGREEMENT DURING SUCH TWELVE (12) MONTH PERIOD (EXCLUDING TRAVEL EXPENSES). THE PARTIES UNDERSTAND AND AGREE THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT REPRESENTS A REASONABLE ALLOCATION OF RISKS, AND EACH PARTY EXPRESSLY CONSENTS TO SUCH ALLOCATION. ESI SHALL HAVE NO LIABILITY OF ANY KIND IN THE EVENT CLIENTS RECORDS OR OTHER DATA SUBMITTED FOR PROCESSING ARE LOST OR DAMAGED. 18. Termination. 18.1 Termination for Cause. This Agreement or any Exhibit or Quotes hereto may be terminated as follows: a. by ESi upon the breach by Client of any of its payment obligations under this Agreement or any Quote or Exhibit hereto, which breach has not been cured within five (5) days after Client has received written notice thereof, b. by one party upon the breach by the other party of any of such other party's material obligations under this Agreement or any Quote or Statement of Work hereto.that-has not been cured within thirty (30) days after the breaching party has received written notice thereof (provided however, that there shall be no cure period in the event of a breach by Client of its obligations related to ESi's intellectual property), or c. by ESi if all or a substantial portion of the assets of Client are transferred to an assignee for the benefit of creditors or Client files or has filed against it a petition for liquidation under bankruptcy or similar laws and such proceeding is not dismissed within sixty (60) days. If the basis for termination for cause applies only to a specific Quote or Statement of Work, the non -breaching party may elect to terminate only the affected Quote and associated Statement of Work, in which case this Agreement and other Quotes will remain in full force and effect. A breach of the terms of this Agreement or a Quote by a User shall be deemed to be a breach of the terms of this Agreement by Client. 18.2 Effective Date of Termination for Cause. Termination for cause based upon 18.1(a) above shall be effective on the 691 day after Client received the original written notice of breach if cure is not made or if some interim arrangement has not been reached between the parties (and agreed in writing) during the five (5) day cure period. Termination for cause based upon 18.1(b) above shall be effective on the 31st day after the breaching party received the original written notice of breach if cure is not made or if some interim arrangement has not been reached between the parties (and agreed in writing) during the thirty (30) day cure period; provided. however, if a breach under 18.1(b) is not subject to cure (e.g., disclosure of a party's Confidential Information), termination for cause is effective immediately upon the party providing written notice of termination to the breaching party consistent with the notices provision of this Agreement. Termination for cause based upon 18.1(c) above shall be effective immediately after the assignment for benefit of creditors has been made or the filing of a petition for liquidation under bankruptcy or other insolvency laws and such -have not been dismissed, dissolved -or the petition lifted or -stayed - Confidential and Proprietary $a658b0e3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 10 of 21 DocuStgn Envelope ID: 3737B514-8CE0-44C't-B20D-2F01BC2819E3 18.3 Effects of Termination. Termination of this Agreementshall result in the termination of all outstanding Quotes, Statements of Work and Exhibits, and termination of all outstanding Quotes, Statements of Work and Exhibits shall result in the termination of this Agreement Upon termination of this Agreement and/or any Quotes, Statements of Work and Exhibits for any reason, any amounts owed to ESi under this Agreement or any Quotes, Statements of Work and Exhibits, regardless of whether not yet due and payable, will be accelerated and deemed immediately due and payable (including, without limitation, the remaining balance of unpaid fees for professional services and Travel Expenses). All Subscriptions, including, without limitation, Services and all Software use and access, granted under this Agreement and all Quotes, Statements of Work and Exhibits hereto shall immediately terminate upon termination of this Agreement All Subscriptions, including, without limitation, Services and all Software use and access, granted pursuant to an applicable Quotes, Statements of Work and Exhibits shall terminate upon the expiration or termination of the applicable Quotes, Statements of Work and Exhibits. Upon termination of this Agreement, ESi will immediately cease performing all Services and terminate Client's and its User access to the Software. ESi shall have no obligation for retaining or maintaining a copy of any such Client's Information or data from the Software following the date of expiration or termination of the Quotes, Statements of Work and Exhibits governing such information or (if sooner) the expiration or termination of this Agreement. ESi shall be entitled, without further liability, to destroy all such Client's Information or data from the Software following the date of expiration or termination of the Quotes, Statements of Work and Exhibits governing such information or (if sooner) the expiration or termination of this Agreement. Notwithstanding the foregoing, in no event shall any Client Confidential Information, including, without limitation, the Client Data, that is entered into or shared in the Juvare Exchange be returned to Client or removed from the Juvare Exchange; Client understands and acknowledges that any Client Confidential Information, including, without limitation, the Client Data, entered into the Juvare Exchange is visible and viewable by other Juvare Exchange users and is not secure or held confidential. If Client receives Hosted Services from ESi, the following termination provisions also apply upon termination of this Agreement for any reason: a. Client's access to the Hosted Services (including, without limitation, all access to the hosted environments and data) shall be suspended; b. Client shall immediately surrender to ESi any Internet protocol numbers, addresses or ESi-owned domain names assigned to Client in connection with the Hosted Services delivered hereunder; c. Unless other arrangements are requested by Client within five (5) days of the effective date of termination and provided Client has paid all outstanding amounts due to ESi under this Agreement, for the five (5) day period following the effective date of termination of this Agreement ESi shall provide Client with access to its data or information within the Hosted Services for Client to download the Client Data or information; and d. Any and all Client Data shall be overwritten, erased, encrypted or otherwise rendered unrecognizable upon the sooner to occur of (i) Client's confirmation that it has downloaded the Client Data or information, or (ii) expiration of the period of access as set forth in subsection (c) above, or (it) thirty (30) days from the effective date of termination of this Agreement. 18.4. Other. Termination/Suspension of. Services. In. addition Jo all other remedies to which it may be entitled hereunder, ESi shall have the right, without notice to Client, to immediately suspend the provision of any and all Software and Services hereunder, including, without limitation, access to the Software and Support Services, in the event of (i) any breach or threatened breach of this Agreement or any Quotes, Statements of Work and Exhibits hereto by Client or its Users or contractors, (ii) any requirement or direction by any legal or regulatory body having jurisdiction over Client, ESi or its suppliers or third party service providers, or (M) any change in law that renders ESi provision of the Software unlawful or otherwise non -compliant with applicable law. Clients payment obligations shall continue during any period of suspension pursuant to this Section. Client agrees that ESi shall have no liability to Client, and Client waives any claim or action against ESi, in the event of termination of access to the Software as provided in this Agreement. ESi shall make reasonable efforts to restart such access upon Client's cure or correction of the event of default or breach unless it has already terminated this Agreement or any Quotes, Statements of Work and Exhibits as provided hereunder. Client shall reimburse and pay to ESi all charges, expenses and fees incurred by ESi or payable by ESi to third parties as a result of such suspension of Software or reconnection/restart of such access to such Software. 18.5 Collection Costs. ESi shall be entitled to recover from Client any and all of ESi's attorneys' charges and expenses, including, without limitation, court costs, incurred by ESi in connection with any attempts to pursue collection of amounts owed by Client hereunder or otherwise incurred by ESi in enforcing of the terms and conditions of this Agreement or any Quotes, Statements of Work and Exhibits hereto. 18.6 Survival. The provisions of this Agreement that, by sense and context of the provision, are intended to survive performance by either or both parties shall also survive the completion, expiration, termination or cancellation of this Agreement Confidential and Proprietary $a658b0e3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 11 of 21 DocuSign Envelope 1D: 3737B514-8CE0-44C1-B20D-2F418C2819E3 18.7 The termination of this Agreement shall not relieve the Client of its obligation to pay any Charges and Fees incurred hereunder prior to the effective date of such termination or expiration or that result or arise from the termination of this Agreement (as provided in herein). 19. Indemnification. 19.1 By ESi. ESi shall, at ESi's sole cost and expense, defend Client against a third party claim that the Software provided hereunder by ESi infringes such third party's U.S. patent or copyright (or other jurisdiction as agreed to in writing by both parties), and ESi shall pay damages that a court finally awards to such third party to the extent based on such claims or is agreed to by ESi in settlement of such claims, provided that (i) Client provides ESi prompt written notice of such claims, (ii) ESi controls the defense and settlement of such claims, and (iii) Client, at ESi's expense, reasonably cooperates with ESi in the defense and settlement of such claims. ESi's obligation hereunder shall not extend to a claim to the extent such claim is based on any alleged infringement arising from any (a) infringement or contributory infringement to the extent caused in whole or in part by Client, its Users, agents, representatives, employees or by third parties under Client's direction or control; (b) additions, changes or modifications to the Software by or on behalf of Client except for any additions, changes or modifications made by ESi or its Suppliers on ESi's behalf, (c) incorporation of the Software or any component thereof into any other product or process; or (d) use of the Software other than as permitted by this Agreement or the applicable Quote or Order. Should the Software become, or in ESi's opinion, be likely to become the subject of any such suit or action for infringement for which ESi is responsible under this Section, or if Client is enjoined from using the Software, ESi shall, at ESi's sole option and expense, (x) procure the right to continue providing the Software; (y) replace or modify such Software so that they become non -infringing and functionally equivalent; or (z) may terminate that portion of the allegedly infringing Software on written notice to Client. This Section states ESFs entire liability for infringement claims relating to the Services, Software, or Support Services. 19.2 By Client. Client shall defend, indemnify and hold ESi, its affiliates and each party's officers, directors, employees, representatives and agents harmless, at Client's sole cost and expense, from and against any damages and third party claims that arise from (a) infringement or contributory infringement to the extent caused in whole or in part by Client, its Users, agents, representatives, employees or by third parties under Clients direction; (b) additions, changes or modifications to the Services by or on behalf of Client; (c) incorporation of the Services or any component thereof into any other Client product or process; (d) use of the Services by Client other than as permitted by this Agreement or applicable Exhibit, Statement of Work or Quote; (e) Clients breach of any of its obligations under this Agreement or an applicable Exhibit, Statement of Work or Quote; (f) any personal injury or property damage caused by Client; (g) Clients breach of any federal, state or local law or regulation in connection with Client's use of the Software, System or Services, (h) Clients performance of services for Clients clients; (i) claims against ESi by Clients clients, customers or third parties arising from Client's use of the Software, Hosting Services and/or Documentation hereunder, including, without limitation, Client Data containing any protected health information subject for HIPAA or personal data subject to GDPR; and 0) libelous, slanderous, indecent or other statement concerning or arising out of Clients statement or publications to or about.individuals or business entities. 20. Export Controls. Client acknowledges that the Software and Documentation are subject to United States export laws. Client shall not, nor shall Client authorize or permit its directors, employees, consultants, independent contractors or other persons, to export, re-export, disclose or otherwise provide the Software and/or Documentation to any country unless an appropriate license, exemption or authorization has been obtained from the U.S. Government. Client expressly agrees that Client shall not export, re-export, barter, or otherwise provide or disclose the Software and Documentation, in whole or in part, to: (a) any country covered by any United States trade embargo; (b) any person listed on the United -States Department of Treasury's list of Specially Designated Nationals; (3) any person or entity listed on the United States Department of Commerce Denied Persons List; (4) any person or entity listed on the United States Department of Commerce Unverified or Entity Lists; (5) any person or entity listed on the United States Department of State Debarred List; or (6) any person or entity where such export, re-export, barter, disclosure or provision violates United State export control law or regulation. Client represents and warrants that neither it nor its directors, employees, consultants, nor any other persons or entities who may gain access to the Software and Documentation through the Client, are persons or entities subject to such U.S. export controls. Client agrees to defend, indemnify, and hold harmless ESi from and against any claim, loss, liability, damage or expense, including fines or legal fees incurred by ESi with respect to any of Clients export or re-export activities contrary to the foregoing instructions. 21. U.S. Government Rights. a. If Client is an agency, department, or other entity of the United States Government ("Govemment"), or funded by the United States Government, Client's use, duplication, reproduction, release, modification, disclosure or transfer of the Software, Documentation, technical specifications, or any related materials Confidential and Proprietary $a658b0e3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 12 of 21 DocuSign Envelope ID: 373713514-8CE0-44C1-1320D-2F01BC2819E3 of any kind, including technical data, is restricted in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies, Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202 for military agencies and the equivalent regulations for the Department of Energy. The use of the Software and Documentation is further restricted in accordance with the terms of this Agreement, or any modification thereto. b. The Software and Documentation are commercial computer software and commercial computer software documentation. Client shall ensure that each copy used or possessed by or for the Government is labeled with the following: 'Manufacturer is ESi Acquisition, Inc., 235 Peachtree Street NE, Suite 2300, Atlanta, GA 30303. ALL RIGHTS RESERVED. PROPRIETARY PRODUCTS." For the purpose of any federal, state or local law, Client agrees that the Software and Documentation are trade secrets and proprietary commercial products of ESi and/or its third -party licensors and are not subject to disclosure. 22. General Terms and Conditions. a. Entire Agreement: Waiver. This Agreement (including any attachments and schedules) and Exhibits, Statements of Work or Quotes set forth the entire understanding and agreement of the parties and supersede any and all oral or written agreements or understandings between the parties, as to the subject matter of this Agreement or the applicable Exhibit, Statement of Work or Quote. Any provisions, terms or conditions on Client's purchase orders which are, in any way, inconsistent with or in addition to the terms and conditions of this Agreement shall not be binding upon ESi and shall have no applicability hereunder. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. b. Goveming Law. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Texas (United States of America) regardless of application of choice of law rules or principles. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods. Unless otherwise elected by ESi at its option and in writing for a particular instance, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state or United States District Court having within its jurisdiction the location of Clients principal place of business in Brazos County, Texas. Both parties shall consent to the jurisdiction of such courts and agree that process may be served in any manner allowed by the laws of the State of Texas or of the United States. If Client acquires the Subscription, or use or access of the Software, in a country other than the United States or its territories, local law and additional Fees to. Client may apply. The original language of this Agreement is English. In case of any discrepancies or conflicts between the English text version of this Agreement and any translation, the English version shall prevail. c. Dispute Resolution. Intentionally Omitted d. Assignment Client may not assign or otherwise transfer, in whole or in part, or in any other manner, any rights, obligations, or any interest in or under this Agreement without the prior written consent of ESi and any purported attempt to do so will be null and void. A merger or other acquisition by a third party will be treated as an assignment. ESi may at any time and without Client's consent assign all or a portion of its rights .and duties. under this Agreement to a .company or.companies wholly owning,. owned by, or in common ownership with ESi. This Agreement shall be binding on each party's successors and permitted assigns. Additionally, ESi may delegate the performance of certain Services to its Affiliates and third -party providers, provided ESi remains responsible to Client for the delivery of such Services and the compliance of such Affiliates and third -party providers with this Agreement. e. Change in Subcontractors. ESi has the right to change, modify and otherwise convert services providers and subcontractors (including, without limitation, its affiliates) used to provide the Services and terms under which the Services are offered, provided that the basic functionality and quality of the Services will not be materially adversely affected. f. Interpretation. In the event of a conflict between this Agreement and the terms of any Exhibit, Statement of Work or Quote attached hereto, the terms of the Exhibit, Statement of Work or Quote shall prevail and control the interpretation of this Agreement The Exhibits, Statement of Work or Quote, attachments, and schedules together with this Agreement shall be interpreted as a single document. g. Force Maieure. No breach of any obligation of ESi in this Agreement or an Exhibit, Statement of Work or Quote shall constitute an event of default or breach to the extent it arises out of a cause, existing or future, that is beyond the reasonable control of ESi, including without limitation, "acts of god" (such as earthquake, natural disaster, or flood), war, terrorists' acts, riot, theft, labor disputes, government regulations, curtailment of transportation, or a cause making ESi's performance impossible or commercially impracticable or the like. h. Limitations Period. Client agrees not to bring a legal action against ESi more than two years afterthe later of the date on which the cause of action accrues or the date on which the party discovered or with reasonable investigation should have discovered the cause of action. i. -Prevailing Party. The prevailing party in any arbitration, suit, or action brought by one party against the other party to enforce the terms of this Agreement, any Exhibits or Quotes or Statement of Works hereto Confidential and Proprietary $aM8boe3b44a$42F7907BD86C4CE79F92A9D28363E9C8.docx Page 13 of 21 DocuSign Envelope ID: 3737B514-8CE0-44C1-B20D-2F01BC2819E3 or any rights or obligations hereunder, shall be entitled to receive its reasonable costs, expenses, and attorneys' charges of bringing such arbitration, suit, or action. j. Indegendent Contractors. The parties are independent contractors, and no agency, partnership, franchise, joint venture or employment relationship is intended or created by this Agreement Neither party shall make any statement, representation, warranty or other commitment on behalf of the other party. k. No Licenses. There are no licenses to the Software, express or implied, granted or provided under this Agreement. Neither party shall exceed the scope of the Subscription granted hereunder. ESi reserves all rights not specifically granted to Client. 1. Notice. All notices shall be in writing and sent by certified mail (return receipt requested), overnight courier, or delivered personally to the addresses indicated on the first page of this Agreement for the applicable intended recipient, or such other address as either party may indicate by at leastten (10) days prior written notice to the other party. All notices to ESi shall be directed to the attention of the President/CEO of ESi, with a copy of all such notices also sent to ESi to the attention of ESVs General Counsel at the same address as ESi. Notice will be effective on the date shown on the delivery receipt or, in the case of personal delivery, actual receipt All notices required pursuant to this Agreement shall be provided in strict compliance with this Section. m. Severabilify. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. n. No Third -Party Beneficiaries. ESi and Client agree that, except as otherwise expressly provided in this Agreement, there shall be no third -party beneficiaries to this Agreement o. Headings. The headings used in this Agreement, Exhibits, Quotes and Statements of Worts are solely for convenience and shall not be considered in its interpretation. p. Authorized Signer. Each party represents that the person signing this Agreement and any Exhibit, Statement of Work or Quotes hereto has been properly authorized and empowered to execute and deliver this Agreement and any Exhibit, Statement of Work or Quotes hereto on behalf of such party. This Agreement becomes null and void if the time between the earlier dated signature and the later dated signature exceeds sixty (60) days, unless waived by ESi. q. Incorporation by Reference. Any Attachments to this Agreement and any Exhibit, Statement of Work or Quote now existing and hereafter executed or issued that are made pursuant to this Agreement shall be deemed to be part of this Agreement and are incorporated into this Agreement by reference. r. Amendments. Except as otherwise provided herein or in an applicable Exhibit, Statement of Work or Quote, this Agreement and any Exhibit, Statement of Work or Quote may be changed or modified only in a written document signed by duly authorized representatives of both parties. s. Counterparts/Duplicate Originals. This Agreement and any Exhibit, Statement of Work or Quote may be executed by the parties in one or more counterparts or duplicate originals, and each of which when so executed shall be an original, but all such counterparts shall constitute one and the same document. t. Publicity/Use of Trademarks.. ESi and Client herein agree to permit the occasional use of each other's name and logo as well as reference to this Agreement and the Services in their respective promotional advertising, press releases and public relations efforts. All such use will be only in a manner that reflects positively upon the other party. ESi may, without obtaining Client's prior written consent, place Client's name on a list of ESi's customers. u. Non-Soiicitation. Client shall not, without ESi's prior written consent, directly or indirectly, solicit for employment or hire any Restricted Employee (as defined herein) while such person is employed by ESi and for the 12-month period starting on the earlier of (i) termination of such Restricted Employee's employment with ESi, or (ii) termination or expiration of this Agreement. 'Restricted Employee" means any former or current employee of ESi or its Affiliates that provided services on behalf of ESi hereunder or that Client became aware of or came into contact with during ESi's performance of its obligations under this Agreement. Confidential and Proprietary W58WOM4442177907131)86=1219F92A9D28363E9C8.docx Page 14 of 21 DocuSign Envelope ID: 3737B514-8CE0-44C1-B20D-2F018C2819E3 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate originals by their duly authorized representatives as of the day and year set forth above. This Agreement becomes null and void if the time between the earlier dated signature and the later dated signature exceeds sixty (60) days, unless waived by ESi. ES! Acquisitiion, Inc. l3raz o Texas ('Client") Domftrwd by: gy.51w61B54D&ED7tt5042F By: ... Name: Raj i b Roy Title: President and CEO Date:september 8, 2023 1 15:00:13 EDT /End of the Agreement, Exhibits follow Name: QuINN E pe7Tt—" Title: l.b U 1'cr-i �,IwoIa3 Date: _ Confidential and Proprietary $a658b0e3b44a$42F7907BD86C4CE19F92A9D28363E9CB.docx Page 15 of 21 DocuSign Envelope ID: 3737B514-8CE0-44C1-B24D-2F01BC2819E3 EXHIBIT A TO WEBEOC SUBSCRIPTION AGREEMENT 1. Term of Hosted Services Subscription The Subscription to the Hosted Services for the Software identified forth on this Exhibit A shall commence on the Agreement Effective Date set forth above and continue thereafter for an initial period of One (1) year (the "Initial Period"). Thereafter, upon agreement by the parties, the Subscription to the Hosted Services for the Software shall renew for successive additional 12-month periods (each a "Renewal Period"). The pricing for the Renewal Periods for Years Two and Three are given for the sake of transparency and to allow Client ease of budgeting should Client elect to continue. "Term" means the Initial Period and any Renewal Period of the Subscription to the Hosted Services for the Software as set forth herein. Any such non -renewal shall be effective as of the end of the Initial Period or subsequent Renewal Period, as applicable, following the expiration of such 60-day notice period. 2. Subscription Software The Subscription includes the following Software: Number of instance Software 1 ESi WebEOCO Software Professional v9.13 • Active User • Board Data Manager • Dashboard • Maps • SSO • User Importer • Premium Board Set Juvare Exchange DesignStudioe Software The Subscription includes the following urchased 'non -production" Instances for the identified purpose: Number of instance Pu ose 1 Developmentitesting of Software Updates prior to placing in production internal use on! - Training internal use only) - Disaster Recovery 3. Authorized Number of Users for WebEOC Client may provide access to the following number of Administrators, Sub -Administrators, authorized on a named and active user basis; does not include Desi nStudioS User counts, 4. and Active Users, all UserType Oty of Users Administrators (Up to the Number of Authorized Active Users Sub Administrators 0 Active Users 50 inclusive of Administrators and Sub -Administrators Users Users S. Client Storage Capacity: SO GB S. Emergency Response Program Emergency Response Program has been purchased for Term: [ ] Yes [X] No /End of Exhibit A Confidential and Proprietary $a658bOe3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 16 of 21 DocuSign Envelope ID: 3737B514-8CE044C1-B20D-2F01BC2819E3 EXHIBIT B TO WEBEOC SUBSCRIPTION AGREEMENT DESCRIPTION OF SUPPORT SERVICES FOR THE SOFTWARE Support Services for the Software shall include the following (in addition to what is stated in the Agreement): 1) Telephone Assistance: Client's "Support Contact' (as defined below) may contact the ESi's Support Center for telephone assistance to seek advice relating to the use of Hosted Services and/or to identify and work to provide a vworkaround" for Software problems, if available. Telephone assistance for non -Emergency Support Services shall be available during Standard Business Hours. 2) Problem Assistance: Client may submit problem assistance requests for Software assistance via the published ESr s support escalation procedures. ESi will notify Client if any request is beyond the scope of this Agreement and is, therefore, subject to additional charges. Requests for problem assistance for non -Emergency Support Services shall be available during Standard Business Hours. 3) Software Updates: ESi will update the Software as such updates and future versions of the applicable Software are made generally available to other ESi clients receiving Support Services at no additional charge. Any training required by Client related to such Software Updates and subsequent versions of the Software are provided for an additional charge. ESi shall provide Client with Software Updates to the Software, except for modules, as such Software Updates become available. Software Updates may include correction releases (.e. patches provided to correct software anomaries), point releases (.e. modifications to current generation of software including enhancement and improvements), and level releases (I.e. new releases or new generation of software), but shall not include new products, modules or plug4ns released commercially by ESi as independently priced items. For Modules, ESi shall provide Client any Software Updates released by ESi to correct errors affecting the operation of the Module, whether such error is caused by the Module itself or by an error in the Software, and any Software Updates required to maintain compatibility with the Software. ESi shall not provide for any enhancements to the Module. Process to Obtain Support Services. To obtain Support Services ar telephone or problem assistance, Client's designated Support Contact (an assigned Administrator that has completed the Administrator training and is listed as the Support Contact for Client) may contact ESi's Support Center as pursuant to ESYs published support procedures. Such support procedures include contacting ESi's Support Center via telephone, email and, when required, remote session support during Standard Business Hours and during Non -Standard Business Hours. "Routine" Support Services includes assistance with the use and configuration of the software; assistance with identification and resolution of errors or defects assistance with application and use of new releases; general support for Board Builder and boards built by ESi or an ESi-certified technician; and access to WebEOC best practices, community -use status boards, "help" resources and other content made available through httpsJ/www.juvare.com/customersftechnical-support, a "client only' web forum. Support Services may be accessed by Client by calling the Support Center via (877) 771-0911 or by electronic mail at suoport0iuvare.com (subject to updates and changes by ESi). "Emergency" Support Services shall be available 24 hours per day, 365 days per year. Emergency telephone support includes any assistance needed by Client while Software is in use operationally, whether for actual incidents or exercises excluding assistance with GIS interfaces, mapping or products, which is licensed by a third -party vendor is available only during Standard Business Hours. Emergency Support Services may be accessed by calling the Support Center via (877) 771-0911 (subject to updates and changes by ESi). Client may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at ESi's then current rate for such services and Travel Expenses, if applicable. Limitations -on Support Services. ESi will- provide -Support Services- for only- the current version of any Software. Client is obligated to promptly implement all Software Updates, work arounds and error corrections provided by ESi. Problems or Issues Not Covered by Support Services. The following issues/problems, and all issues or problems caused by the following, are not covered by Support Services: 1. Alterations to the Software not authorized by ESi; 2. Unless otherwise agreed in an Exhibit or Statement of Work hereto, customizations to the Software from consulting or professional services provided by ESi, including applications design or recommendations by Client; 3. Software problems created by Client negligence or fault or failure to comply with any specifications, policies, procedures or requirements for use of the Software, including, without limitation, those set forth in ESi's Terns & Conditions: 4. Software problems caused by or related to a change in Clients service provider or intemet access provider. Without limiting the generality of the foregoing, no reconfiguration of the Software due to a change in a service provider is covered under Support Services. Client should notify ESi prior to changing its service provider to enable ESi to provide configuration specifications to the new service provider. Any programming and configuration changes will be charged to Client at the then -current ESi's daily/hourly rates for such reconfiguration services; 5. Software problems that do not significantly impair or affect the operation of the Software; 6. Assistance with third party products; Training; Installation of plug -ins, boards or modules; API support; Board building; and 7. Client's failure to allow for the prompt implementation of Error corrections, Software updates, or any work -around provided or made available by ESi (including, without limitation and applicable at all times, implementation of more recently released, generally available versions or releases of the Software made available through Support Services that contain corrections to the relevant Error or where such Error does not occur when using such more recently released version or release of the Software). Client Responsibilities. Client agrees to limit its requests for Support Services after Standard Business Hours to occasions when the problem related to the Software is critical to Clients operation and cannot wait to be addressed until Standard Business Hours on the next succeeding Contractor business day. /End of Exhibit B Confidential and Proprietary $a658bOe3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 17 of 21 DocuSign Envelope ID: 3737B514-8CE0.44C1-B20D-2F01BC2819E3 EXHIBIT C TO WEBEOC SUBSCRIPTION AGREEMENT FEES AND PAYMENT SCHEDULE Fees (further to Quote No. 040284 dated January 6. 2023), Payment Schedule below, the following Subscription(s) shall be Users on a SaaS Subscription basis for the Term set forth in governed by the Agreement: Year t Upon payment of the following Fees pursuant to the made available for use and access by Client and its the Agreement and all use of the Software shall be ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE 100-WEB-B WebEOC Subscription 50 Users $23,750.00 1.00 $23,750.00 WebEOC Subscription 50 Users WebEOC Subscription Includes juvare Exchange, Active User, Board Data Manager, Dashboard, Maps, 550, User Importer, Non - Production Instance, Design5tudio, Premium Board Set Year 1 Total: I �t3,I5u.vu Year 2 ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE 100-WEB-B WebEOC Subscription 50 Users $24,462.00 1 1.00 $24,462.00 Year 2Total: $24,46100 Year 3 ITEM NUMBER DESCRIPTION SALES PRICE QTY TOTAL PRICE 100-WEB-B WebEOC Subscription 50 Users $25,19535 1.00 $25,19536 Year 3 Total: $25,19536 'ontract Total USD 73A0736 plus applicable taxes Payment Schedule For purposes of this Exhibit C, ESi shall invoice, and Client shall pay, the amounts set forth below according to below payment schedule: (i) The Year 1 Fees set forth above in the amount of $23,760.00 USD (plus applicable taxes) shall be invoiced by ESi to Client upon ESi's receipt of this Agreement (executed by Client); (ii) Subsequent annual charges as set forth above shall be invoiced by ESi to Client following agreement and acceptance so that such amounts are due and payable prior to the commencement of each applicable year; and (ill) No travel is expected to be performed by ESi pursuant to this Exhibit C. All charges in this Agreement are exclusive of taxes and Travel Expenses incurred by ESi in the performance of services and are in addition to any charges set forth in any other Statement of Works or Addenda or Quotes to the Agreement or in the Agreement. All invoices are due and payable thirty (30) days from the date of the invoice and interest feesilate charges (as provided in the Agreement) shall apply to any invoiced amounts not paid within the time periods provided in this Exhibit C or in the Agreement If Client is tax exempt, Client shall be responsible for providing all necessary documentation to show such tax-exempt status to ESi or to the taxing entity. Work cannot be started and dates for services cannot be secured until the applicable initial payment has been received by ESi. Confidential and Proprietary $a658bOe3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 18 of 21 DocuSign Envelope ID: 3737B514-8CE0144C1-B20D-2F01BC2819E3 Pricing contained herein is based on configuration outlined above. Some items may not be sold separately. Pricing is valid for 90 days from the date of Quote date. Notwithstanding anything to the contrary in this Exhibit C and the Agreement, Client has 60 days from execution of this Agreement by Client to permit ESi to implement the Subscription provided hereunder into production. Should Client fail to permit ESi to implement the Subscription into production within such 60-day period, all unpaid amounts set forth above shall be immediately due and payable by Client to ESi and the implementation shall be deemed complete as of the end of such 60-day period. Client may then provide ESi written notice when Client is ready to implement the Subscription. ESi shall not have any obligations for warranties applicable to the Subscription, Software and services, if any, provided hereunder, and Support Services for such Subscription, shall not apply to issues experienced by Client, to the extent caused by Client's use of such Subscription prior to ESi's completion of the implementation of the Subscription. /End of Exhibit C Confidential and Proprietary $a658bOe3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 19 of 21 DocuSign Envelope ID: 3737B514-8CE0-44C1-820D-2F01BC2619E3 EXHIBIT D TO WEBEOC SUBSCRIPTION AGREEMENT HOSTED SERVICES Definitions. For the purposes of this Exhibit, the following words have the meaning set forth below: a. "Hosted Services" means the installation and management of specified software applications in the Juvare Cloud shared environment on behalf of a ESi customer and exclusively for the benefit of permitted users of the Software. b. "Hosted System' means the combination of hardware, software and networking components used by the application service provider to deliver the Hosted Services. c. "Juvare Cloud" means the shared hardware environment for the purpose of hosting and maintaining software and data on behalf of ESI's customers; may also be referred to as the application service provider or the "ASP." All other capitalized terms in this Exhibit D shall have the same meaning set forth in the Agreement, except where otherwise stated in this Exhibit. 2. Saooe of Services. ESi shall provide the following services to address the Software hosting needs: a. ESi shall provide Hosted Services to Client according to the provisions set forth in the Agreement and this Exhibit. ESi shall notify Client promptly upon creation of Hosted Services account and provide Client with all information required to access such account. ESi, at its sole discretion, may provide and maintain such Hosted System and/or deliver such Hosted Services internally or through a qualified subcontractor. b. ESE shall provide and maintain the facilities, hardware, and networking components as it sees fit to provide access to the Juvare Cloud for the benefit of Client. c. ESi shall perform, at its convenience and after notice to Client, scheduled updates of the Juvare Cloud as ESi or its hosting subcontractor sees fit. Such updates shall be scheduled to enable the simultaneous update to all of ESi-hosted customers. d. ESi or its hosting subcontractors shall be entitled to perform, as needed, emergency security updates to the Hosted System to protect the Juvare Cloud or the subcontractor's hosted environment from newly identified and widespread threats to the intemet or internet-based services posed by worms, viruses and Trojans, or to address other vulnerabilities, with little or no notice to Client. e. ESi shall provide and maintain a redundant shared environment of the Juvare Cloud at a location that is geographically separated from its primary ASP Environment to ensure continuity of Software access and operation in the event of any unforeseen outage, disaster or other event that may interrupt service at the primary location of the Juvare Cloud. Failover to the redundant shared environment of the Juvare Cloud is a manual process and service will be activated by ESi immediately upon notification of malfunction, unavailability or failure of primary shared environment of the Juvare Cloud. f. ESi will notify (via ESi's Support Center) the Client of any planned service outages, i.e., for the purpose of performing Software updates or testing, or other inability to perform the services outlined in this Agreement g...ESi shall.schedule, perform and maintain a. duplicate ('backup") record of Client's data within the Juvare Cloud. ESi shall perform hourly SQL transaction log backups and daily full backups. Data backups are limited to SQL database server files (i.e., those files having a .mdf or .idf file extension). Data backups shall be retained on -site for four weeks. h. In addition to the Support Services pursuant to the Agreement and Exhibit B, ESi shall provide Client with Support Services for the Hosted Services which include assistance with problems related to the Juvare Cloud, data access, Hosted System access, or similar problems. Such Support Services for the Hosted Services may be accessible to Client via the same contact information provided to Client for Support Services; provided. o eve , services to be provided by ESi under this Exhibit and the Agreement do not include assistance with third party products; training; installation of plug -ins, boards or modules; API support; or board building; or repair or correction of errors, defects or other operational or performance defects caused by Software configuration, modification, enhancement or programming provided by any' party other than ESi or an ESi-certified technician. Any professional services described in this Section 2(h), or services required to repair or correct the errors and defects described in this Section 2(h), shall be provided on a fee -for -services basis at rates consistent with the ESi published price list in effect at the time services are rendered. i. Client may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at the current published rate for labor and actual costs for materials and travel, if applicable. 3. Client Obliaatlons a. The Client shall maintain, at Client's expense, a secure high-speed intemet connection through which to access its hosted Software. .b. The Client shall -appoint a designated point of contact and two alternate points of contact for its interactions with ESi. Client shall provide ESi with the name, job title, physical address, telephone number, facsimile Confidential and Proprietary $a658bOe3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 20 of 21 DocuSign Envelope ID: 3737B5148CE0-44C1-B20D-2F01BC2819E3 number and electronic mail address for each of the contact persons. Client shall keep such contact information up-to-date and promptly notify ESi, in writing via electronic mail, of any changes. c. The Client shall use reasonable security precautions in connection with the use of Services provided under this Agreement d. The Client is responsible for any and all use and access to the Hosted System and Hosted Services by its employees, agents, contractors and permitted users of the Software and Hosted Services. e. The Client shall make best efforts to notify ESi in writing, via electronic mail or facsimile, of any planned non -emergency use of its Software, such as the occurrence of training sessions, drills and exercises, to aid ESi with the planning of any scheduled outages. f. The Client shall promptly notify ESi Support Center of any identified Hosted Services outage that impairs Clients access to the Software so that ESi may manually activate the redundant shared environment of the Juvare Cloud and immediately commence work to restore service to the primary shared environment of the Juvare Cloud. b. The Client shall not conduct any load testing, performance testing or any other test of the Hosted System which may degrade performance or limit or adversely impact availability of the Juvare Cloud for other customers. 4. limitations on Use of Hosted Services. a. Clients usage of the Hosted Services in the Juvare Cloud is subject to opacity and performance constraints. Monthly active users do not equal maximum concurrent users. Concurrent user capacity will be variable based on Juvare Cloud load. b. Access to the Hosted System may not be rented, leased, sold, sub -leased, assigned or otherwise transferred for value or for no value by Client to any third party. c. Hosted System and Hosted Services are provided to support the Software which is an information management tool. Hosted Services are not guaranteed to be fault -tolerant or to provide fail-safe performance. Hosted Services are not appropriate for use in ultra -hazardous environments where failure of the Hosted System or the Juvare Cloud may lead to bodily injury, death or destruction of property. d. Installation of Software applications in the Juvare Cloud is limited to the Software included in the Subscription to Client by ESi and Software supplied by ESi either as a component of the Hosted System or to support delivery of Hosted Services. e. ESi shall only be responsible for performance of components of the Hosted System and Services under its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and software beyond its control including, but not limited to, information transmission delays due to excessive internet traffic, internet outages, or failure of Client to perform its obligations under this Agreement. f. The warranties set forth in the Agreement shall be void if any breach of this warranty or failure of the hosting environment or Software is caused by unauthorized use, improper use or modification to Software made by Client or its authorized users. . . /End of Exhibit D Confidential and Proprietary $a658bOe3b44a$42F7907BD86C4CE19F92A9D28363E9C8.docx Page 21 of 21 BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: Road and Bridge NUMBER: Sweetwater HOA Speed Limit Reduction DATE OF COURT MEETING: 9/26/2023 ITEM: Request from the Sweetwater Subdivision Home Owners Association for approval to reduce the current roadway speed limit on Sweetwater Drive to 30 mph for public health and safety reasons. Copy of signed petition is attached. Site Is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 09/18/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: Fite Name Description ion In Sweetwater Drive Petition to_Reduce Speed Limitpdf Properly Owners' Request and Signed Petition Backup Material APPR Q� l ac��a3 Duane Peters Date County Judge ai 46W ; In to the on Sweetwater Drilve,'Brazos County requires the approval of 80%of the, order reduce speed..1imit . ho live' alo the offepted road" ownersw ng th property iffiAj5- I ifli On•iF We, the undersigned, are: concerned citizens who urge our'leader0o. act now to reduce the tpe6d -limit on r D(IVe, -at the-intergectibn of SweetWater Drive and Greens Prairie Road and. ending at the. cul 'l starting- d4j.5Oc. (end of Sweetw0tef DriVe). The feqUested speed -limit is 30 MPH. This request is, made to protect horrieowner: safety, Ariver,safety, property, and. right of enjoyment for the residents of the Sweetwater Sub- g- " Division. pt e. ddres �`Cbffi E-XI M9. - Axx utfN.. I� ��� � ��� �1�s 2 'xI 4. e co -S c.()��`-���- 1 f t j �7 ;fo-75 5we.eVwcwJf,4 19,3 V" 4o 7� 1AL K(4Mw'&-- k/ r eef 1:31�K I/ �e .S1 vo X4 I'v " rA y AQ AFM 5 05 07 l A - -aa1 e2 QJ7 a}ud Iuawwo:o aan{auSIS ewnN pelulAd BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT- Road and Bridge NUMBER: CC 2023 - Private Property Access - Michael Moreno - Schehin Road DATE OF COURT MEETING: 9/26/2023 ITEM: TO: FROM: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: ATTACHMENTS: File Name Private Property Access - _Michae! Moreno __Schehin Road.pdf Request permission to enter private property owned by Michael Moreno located at 4980 Schehin Road to install rock dprap at culvert crossing to help prevent erosion. Site is located in Precinct 1. Commissioners Court Darrell Kolwes 09/19/2023 False False $0.00 Description T=e Private Property Access -Michael Moreno - Schehin Road Backup Material RO Duane Peters Date County Judge BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: CC 2023 - Private Property Access Road and Bridge NUMBER: - Emmanuel Baptist Church -7320 Steep Hollow Road DATE OF COURT MEETING: 9/26/2023 ITEM: Request permission from the Emmanuel Baptist Church to enter private property to store equipment, replace driveway culvert and grade ditches for better drainage on Steep Hollow Road. Site is located In Precinct 2. TO: Commissioners Court FROM: Darrell Kolwes DATE: 09/20/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description ]j(_e_ Private_ Property Access - Baptist Church- Private Property Access - Emmanuel Baptist Church - 7320 Backup Material _Emmanuel 7320 Steep Hollow Road,pdf Steep Hollow Road APPRO )4 <:� I ac-qjag Duane Peters Date County Judge BRAZOS COUNTY'..,!' PRIVATE: PROPERTY- ACCESS ° FORM BRAZOS COUNTY BRYAN, TEXAS DEPARTMENT: CC 2023 - Utility Permit - Wickson Road and Bridge NUMBER: Creek SUD - Democrat Road -1" crossing 2,056 NW of SH 21 DATE OF COURT MEETING: 9/26/2023 ITEM: Consider and take action on the Wickson Creek SUD utility permit to construct a bore for a 1 inch water line crossing under Marino Road located 2,055 feet northwest of SH 21. Site is located in Precinct 2. TO: Commissioners Court FROM: Darrell Koiwes DATE: 09/20/2023 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Descreptone U&lity_Permit _Wickson_Creek SUD_ f d= Utility Permit- Wickson Creek SUD - Marino Road - V Backup Material _Democrat _7 crossing 2 055_NW_of SH 21.pdf crossing 2,055' NW of SH 21 Duane Peters COunty Judge 61 Lx-a f .13 Date TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now WICKSON CREEK SUD - [company name], hereinafter referred to as "Company" a TEXAS (slate] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the right to lay, construct, maintain, repair and/or operate a water line under and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility -to Cross Road .. Road Name & Block Number Length of Crossing TYPE OF CONSTRUCTION CHECK ONE Bored Jacked Driven Cased MARINO ROAD .. 60' X ::. X ciiity to Parallel County Road Within Right-Of-Wav Road Name and Block Number From To Depth Distance CONSTRUCTION TYPE 1 Diameter Wall Thickness 2" Encasement Pipe Material Specification PVC Maximum Operation Pressure SO PSI The 'location and :description ,of the proposed- 'Installation and appurtenances must be ' fully shown on .the attached detailed drawings. The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and shall complete said construction !work within, 1 :working days. (COMPANY. MUSS'- FILL IN). If. such construction is not begun by the 600 day, Company will be required to apply for an ew permit. Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application- is prima facie evidence that the proposed installation will -not conflict with any existing utility. A copy of this permit shall be kept at the job site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use:only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest:any property right in said holder:. It is understood and agreed that the rights acid privileges herein set out ate granted -only to the extent of the County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assume. risk of -and indemnify, defend and- save harmless Brazos County from and against any. and all loss, damages, cost or expense.arising *in any manner-bri account of the exercise:ot attempted exercise by"said holder of the aforesaid'rights and privileges. Any deviation -these specifications .must be approved, by Brazos County Engineer's Office mi its designated repaesentative.::.: ' Approval ot'Cowiry Engineer's Office may take es long as Iwo weeks aft campiete application is`received.. ". ,Applicant agrees to::comply.with.:all rules -of the County Commisiioners. and -the County -Engineer :in canstraction' of . , : said installation• attached:hereto as= BRAZOS•.COUNTY••DESIGN STAM. ARDS AND'SAFETY`PRECAUTION . REQUIREMENTS ON FOR WORK CONDUCTED IN. BRAZOS COUNTY -RIGHTS OF WAY-andAhcorporated harem Or reference, ... : - :. In the event ConipwVjails to obtain a permit prior to the liistallat!_on ar does Trot hisiall Willies In compliance Willi installation,reryirirenrents set forth .herds redepilt, lWatiai, etc), COntpatly assumes all, financlRl respOnSlblllty for da�iieges aud/nr destruction oflLtes, rubles; -etc, based upon itsfailnre fO canply ivith Brtizos Cotino requiren?igft :Applica)tt agrees that jBrcizos County denroirsiretes d Waldlioa of the. teans:ojtl�ts policy, �Jpplicrint:s!I alatgs that re�r�isitesfor exCilditfi;cf reliefsoti[,oitstto.:rellef enloinkii Rny, caliduct by applicant ivliki is contrary toil e palieies. This;Pel'0861 is n revocable permit.: Brazos•County reserves the rlglit'lo::revoke:thls. permit ofanyrime, in the sole discretion of Brazos County, for •lnieiests. of public healih,',seely or. ivel fore, pr far fallnre to repair any damages u ' it demand, or or any other reoson dean# sn rrieut'b t. Arazos Caen In the tp comply 141, .pr{y or'Rll of the regrrlremeitts as set jort►i herein,. rhe'CQ' y hniy take. sack action as:il dee�iu appropriate to compel canipliande : Do County. Englrleer further r-elahis `ihe 'right to ragoke : this Perndt_oy verW nbtpatlon to. the Appliewit/COInpauy. - Frlas y EdiJla 24 hours of begliinfiig col�stractfoti ' : 'shag constltutegrnunds for job sbutdo�vi�.' :::.- .. ; ` °: - .. ... •• • ... .. ' .. By signing'bclow; I certify that 1 am authorizedJo, represent the'Company,listed below,'and that the Company agrees' to the conditions/prtivisions included in this permit. kjAgn • ompaiiy Name .... ..... . ... . . .... . = TISI i a --:. _ � � :. .. - • re Zity QA .. State . ".7,z 1 '..:' • :.. _ . : _::'� Telephode Number- ..• _:.-.•::.:;. .. .... 6r+ , GorM w Ema WATER UTILITY APPROVAL Brazos County offers no objection to the pro sed location of the utility in the County right of way as shown by fib. ���,,�-��yy �y • .i •� ,� � f - M R � t}} �"s% A�°' g '* 'r '1. ^� J�:' _ // � .� yfk � `�f - �' j f�� i �1JF'S � ?�• + _ fi ' ,� ��x� !�„•,•,. .� ��, r r k ��` • T, ��• ;dew `Yv .� •' ' ,� 1 •«*R ' � 0� + r . . `'Wyss ' •,.., •.`. L ���� .µ�;G r�tY� '��"1j l r'•k1J �`�� C * !it- f ;�Y'• ". l a q 4 . . y Ii.4i` it •lC:y� r��� • r � .c. a � 1+ .� � ���' � t � fl 9.. ' !, a ,•.� , �, . � +. � y, y, �. 4' •{"�-tea `• '"'�':'. a.L! � 'r • r' . . i. � l�R1l 4,f" .�! .�5, .,l �� _ 'Sr t n, � r ly, ,i.«Tc•.!•� $� :�Y • « � :�. ' ,• .,.: 1A � .� ' � �` 1 f``'!� #.�= s� a ! :i ` .J%,n ; f.• '*5'R F f .:.y ��!�� c� y +� y k�" �.,.;� ^+r. v '�4s s � • �r .:.1 * c {,�•�x .. sqY aY�c' '�' « ` � �.:+ �,�� .{ .a `;j`l�l"y. .t trti,y�. iY •�njW"''�t$���4 .. !� �'. IMM— 11 :0 1 jr akv low st ,�i; „yJ��f �Y�` ! X. �. 1 �"Y `j Y 'Zy �; � y � z # 'l t y g � yu may!• Y l � , � e "�, / � .ynvf�.'� 1� ta, J%." Y- �d �, 'r'w y •"�`I r ,s,..Y&,'S.,. _ , '� W t .T `!?' , fi is , x �, •w � ,�% , :. j< s 'y .. ~'.0 i.�T. ♦. •fi. .' .�. aT• ♦ /�jA z yf My. � '..yW'Y � F' i' 'Ji�M'iP+�Y.f..-"-.'�1.' t' �y it • . .BRAZOS COUNTY ROADWAY. SAFETY. AND ROAD . ' PRESERVATIONSTANDARDS FOR WORK -CONDUCTED IN B.RAZOS :COUNTY. RIGHTS -OF WAY: A. "General Requlreiiients: '': ::. 1; .Adequa'te diainage,:shall be maintained in ditches -at all times....:::: . 2...Permittee: will iise best management practices ("BMP") (EPA `and.TCEQ both:provide.lsts of examples -BMPs .io, m1' imizi'erosioh and sedimentation:resulting.from.the proposed installation 3; The perimittee shall take precautions to avoid damage to. property.::All-CountyRight of Way:and property. . "shall 6' restored to tts on final" ' ' ition, a ' far as'practical.' ih.the: opinion of the -County Engineer. or g appointed representative. 4. The:cori�truotion an d'iriaintenarice-of such'utility;shall not interfere with the property or rights of a prior . .:•:: f. :occupant'. S. Perrn ttee shall .not interfere witli-•ofti: of lilies located in the r glit of way;:,Iritlie event' damages occur, ..tr . • permittee will be liable to the Coun.y'or other utilities.running-through'the : h(6f way..; :: ' 6. County:Engineer'shall determine°Whether or not;permittee's:plans shall inconvenience'tlie;'p"iiblic.:If it is. ..-determiiied.that mcortventence to the public, exists,%then the County.Engirieer will;deaide;wiiether•such project:v✓ill be -allowed or if an alternative"ex�sts-so'as not to inconvenience':tlie'public. :B:. - Safety Redbirements " 1. Prope AraTic control measures milk,t6 put in' place prior to beginning work -And remaiii:in:place during ,.; :•the-duration•of.the�ob:;: A11 traffic`contr"'I" sures -must-follow: theTexas,Manual of Uniform Traffic'.:::;:: Control'Devices (TMUTCD). See Traffic Control •Requirements below. ' •••• 2. During,_construction;:all:safe - regulations of,the::T'exas-De artment of Trans .orfation'shall:be.observedit :�':'•. °; .'; .': 3.. Permtttee must take:'such' precautions and :m. assures, including'placing'and.displayingsafet}►devicgs; ':as:`;::` may be necessary;•in order.to iafely;conduct the:-public*throu ' .the'projeot atea:: Compahy.shali provide:-.':: -: fla meii § ns si nals'or dev�ces;necessa to rovide co'' late safe to.tlie.public. g. g g rY P P ty ....::......:..:. .::: %:::4.,• .Adegi atq provisions, must be made.to.cause.minimum inconveniences.to4affic'and adjacenropertji; : owners....,... .. ..... . 5:' No cable; conduit'and/or'pole line shall: be; laid; .constructed,;maintained and/or repaired.so as:to constitute:`. a.dan er�or hazard of'ariy kind to persons or vehk'fes using sucli'road..`Any.pofes placed irkthe Riglit-of g. 'Wa 'for future mstallation'shall:be '.aced it the''li'ack of the Ri ' t of Way.:,:Eke' tions in'a be a roved.::.'; Y p. 1 . .. P y P. %by the County !Engineer.:- ...... C. ' ?'i►a le Control Plan A traffic:control plati ;pursuant to:the TMUTCD.or-,Bngi ieered:Trafiid Contibl.Plan must be:provided ` ::... 'for the. following a: ; :Any gonsfruction.(i.e:'pit, exc`ava4ion, hole) left open overnight, requires specific nighftime traffic : control measures pursuant to ttieXMUTCD;:, �b6 •.. =g ROAD V�Ok ,See role 11 Y81� 6 lSleq $S $� LrtatnN ooetef� n.e _ yy �6 RnY Oe o�1 Is a eiit .ofrh f0 a ntearn °$ Of re. true e frafO f01 MOrfH travel C920-10 I iFIOOa- af noa I .I . I I 1 I' . V � un ago-iD o0.• ORE,' rote Jirl �" oso aSoo Mae 2lL q e ERD ROAD NORA 40• [ 24' - ISOO Mtf 23A ,I • Q , 1 S i 1 Inoetive � LEGEND rrge T Iterrlcaae t ■ C1t7r1fi1Tln0 Da+Ices keavy lwk veniC04 ® ?rook ~tea Atterk4rter IT0A1 Ira: ter: ~140 ffodn:ng 4rror OOard L! PoYtable CNm0l: le, me'eogf StOn IPC051 i," sign' - .. CYO/ttt riot dagger .. O fQ n• Fa 1. - MolraOle low Lma m no fyg,e..Ad bdwltalt 50.6-0er errOef+.$2 lulus• tttOtkllk s=a, eep�:M ,a. a,.rona SuOpaNfa lwollWlrkll tWter Sda:a 0•. 10' r4, 1P, }IN R' II N1 m 0 TOM O.O IvgA.r SO - -y I50' 165' too' 0 60' 120' SO' SS Ap 20S•'?25' 245' ' SS' 70' 160' 120' Z6S' 295 320' 00• 240' 1$5 45 - _ -_ a 9F SAO' 45' 90' 32V .. .195, goo, 550 S0' 100' Aoo•' •240' SO S50• LDS' L60' SS• 11o• 600' 2". SS {,PGS . 60 600' G60• r20• 00• 120' Lao• 3u. fi50• TAS' Too' 6S' 130' Too• 410' LS - Too- ?TO- adw TO' 1406 800• 41S• to 750' 025' 900• 75• 1S0• 900' SAO' 75 - ^• nIy Or orn0� aW pmttlr% g .jr Not 71 If corlrcnrtonot Rom Only ... . • nerRsaOry Ior ftx: .• I flu io0er length& fwm oeen ro -d on. .l .Ork arrerotlm, .. abea oa treeke. I _- :� �' � '• I l!I.elpfn Of;fOReV lfil -11•1111iOth M'OTtdatlFTi 5r1`031ed Spea013(!b ei M. ' d.. Smolt ream :n .. TYPICAL- USAGE or mpworeo trail "u f Imes of froMe DY i woue A'ATI sa,r ItRa 1N1fAVSoure tCRd -M atO lii:fq aniCA. I OlaallOb 's1.11gluai T[alt sTAT IOkaRI" St411trtFRt tsff Mte. 4 a.si off: ••� ■!!tt --tfl GE�og�srorrfmxa.So.nnc. alv+t, ore REWIRED.. . ��e - .• :.. .. ... 5� ai a ff:g ea1.!rol'Oe.aeaI 1.6fro"a ore•at01IRE0. factoleMae' . ii I' a�+nrea .Ern Ine-it tingle ey-vot eq to mitreo ~ uotn En rno oaap .. - I.• ■ - .. m - o d a i Rtoel., or for rovt:tq m: nrerv,cf Pork. Wean mlroe'd er Ito Engineer, a lsee rores.4 a 41 . - .. ' T. SroaD:tcd eottriol F 14 a 0lowd o "IMrat 39 tour ra. lE - J 'rAwcat tra.ered lay -pE 1 g I i 4 sheds. vmtole Plrtt w od n:r/+:P"31ty raar:ao. • = .tSee ro.ee'4 s S ;•( 6aeia100M ar area lime.. A Lboa. vT1cl .iin o tIA Anaw o° o • r5 _ ..I - I used IFyf iq.lr 00% 09 00011W46 30 eo 100 feet In oavow of i. the or" Of or" 4.1dure fltnouf oowrmly atfeatl g tke ,perterranri'r onitr or m tOk, tt earker*are M.10f101r 0ifatnf. i Cut 10M O, 1w CRq�,EOna rtgy:rf roe WoffiC Wheal 10 rareln 10 w - - - - 1 tntff t/ Otrlfr CMr11i271p atYitf4 C°J •� . I -. R� ao o • .. ' :. _. .. m " SSMnss vMl*cte • flC1um ew De oils? : Hof fIA� 0. - . - to w4m Ino.n -n-u t0 a -5•. d� fCfOn0lfy.1 r� ,I... C 1 See ICoIS•tY rot Amalar wrk m e3riord n: ta. etueae.orA ab IMefire .om..enielee er O,ner ca"10'ent arou1C De Oor rear the 3 I g I ) n ^ h0 ! rlgnt-at•wt1 ,I v a" not R7ke0 do tne DO+e6 rrafdef. • ' .• n 1 e. WTI.S •StOWMR f01A• ipv My u Also :n °tors or 0fl1-50 ROAD ' i, •RS1p cORA A14AT Ilan) Mr frWW Pork m eoereoridr.rr rodolga. .. .. I .•� I ROAD - .E .R i ME i. RDAD VORK won. AHEAD ' Ea2o•fD I erof0•t 48• i 24• tSoa roro xlp I MO�t�O• -ER I, ROAD i .. ROAD NORKIcy4 WORK . Tfa07o rt2' I tF loge- $ff roff it I AHEAD i 'A.Ls�. "• .. ®To[q f7°pdrrAte/Kat TlarmpwtrNf0t1 I I 40- a 40- R N' ISfe. rot* 2rA • [f2o•1p I' •40• [-40• " TRAFFIC CONTROL PLAN lnooa• sn Mfe 11 CONVENTIONAL ROAD. SHOULDERWORK TCP c2-to) TCP 42-11b) TCP`(2-)o).- TCPi2-i)-18' WORK SPACE- NEAR SHOULDER' .. WORK SPACE ON" SHOULDER WORK VEHICLES ON SHOULDER ""' 'F''•14L" "` - 'Convent i ona i Roods Convent i ono 1 Roods Convent i ono ! Roods t.,t vt ""'" • f•n 2.1r DEPARTMENT: DATE OF COURT MEETING: ITEM: TO: DATE: FISCAL IMPACT: BUDGETED: DOLLAR AMOUNT: BRAZOS COUNTY BRYAN, TEXAS NUMBER: 9/26/2023 Approval of expenditure journal entryfor Brazos County FY22-23 June 2023-August2023 cash contribution of $48,470.13 to CSCD Specialty Court program. Commissioners Court 09/20/2023 False False $0.00 _ATTACHMENTS: File Name Descrintion Tygg Specialty Court Imroice_- 2023- Specialty Court Invoice Backup Material 004 June 2023 to August 2023 JE,docx A"PRLO7\\, 4a3 Duane Peters Date County Judge BRAZOS COUNTY COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT JENNIFER GOERIG, DIRECTOR September 20, 2023 INVOICE Brazos County Attn: Megan Mason Invoice Number: 2023-004 Invoice Description: Actual payroll and benefits expenditures for Specialty Court — June 2023 — August 2023 Amount due: $48,470.13 Please do a journal entry for the above amount to move funding revenues to the CSCD. Please see attached documentation for payroll expenditures. P.O. BOX 2015 a BRYAN, TX 77806-2015 e (979) 361-4410 (979) 822-5341 (fax) Kristeen Roe, CTA, PCC - Brazos County Tax Assessor/Collector 4151 County Park C:t Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 09/,19/2023 REQUESTOR CHAMPIONSHIP TITLE OF TEXAS ADDRESS 8000 CENTRE PARK DR STE 220 AUSTIN TX 78754 OWNER NAME TYLER LEEST PROPID* 76598 REFUND AMOUNT $21.69 REQUESTOR SUMMER HAZE LLC % FRENCH DOUG ADDRESS 4090 STATE HIGHWAY 6 S COLLEGE STATION TX 77845 OWNER NAME SUMMER HAZE LLC PROP ID# 412824 REFUND AMOUNT 90.00 REQUESTOR BRETT & PAMELA DANSBY ADDRESS 6637 MARKLAND PIKE VEVAY IN 47043 OWNER NAME BRETT DANSBY PROP ID# 385108 REFUND AMOUNT 1$15.81 REQUESTOR HUD COMPU-LINK CORPORATION ATTN: CASH MANAGEMENT ADDRESS 14002 EAST 21 ST STREET STE 300 TULSA OK 74134 OWNER NAME PAMELA HARPER -SMITH PROP ID# 21191 REFUND AMOUNT $129.48 REQUESTOR SHEETAL RAY ADDRESS 2136 ROCKCLIFF LOOP COLLEGE STATION TX 77845 OWNER NAME RAY & SHEETAL RAY PROP ID# 49704 REFUND AMOUNT $ 7941.87 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court . Bryan, Texas 77802 Ph. 979-775.9930 OWNER'S NAM€/AND ADDRESS LEESTTYLER '904 UNIVERSITY OAKS BLVD #2 COLLEGE STATION, TX 77840 CollectinglTox for. (taxing entities) Brazos County, City of Bryan, City of Col ege5tatlon Bryan LSD, College Station ISD, Fl, F2, F3, F4, City of Kuken, Navasota ISD Legal: CRIPPLE CREEK CONDOS, BLDG A, UNIT 2 Address: 904 UNIVERSITY OAKS BLVD 2, Account # 76598 TAX PAYMENT INFORMATION --- -Wane ofTakingllnit TaxYear of Refund Payment Date Amount Pald Refund Amount Requested 2M - 08f91/20?.3 S"tidl.28 - '$&69 `'"` _ r Taxpayer's reason for refund: OP -Overpayment REFUND TO: CHAMPIONSHIP TITLE OFTEKAS LLC 8000 CENTRE PARK DR STE 220 AU.STiN, TX Sign below and return form.to.the Brazos CountyTax Office. , "1 hereby apply for the refund of the above -described taxes and certify thatthe Information on this form is true and correct." T>Aj�vv a r • 512-982-6116x111 dbekker@championshiptitie,com Phone # Email Address If you make a false statement an this application, you could be found guilty of a Gass A misdemeanor or a state jail felonry under Texas penal Code Section 37.10. M TAX REFUND DETERMINATION t!7 Is { app t j Disapproved q /,a(., I a3 Authorized OificerStgnature Date Authorued Officer of taxing unitfor refund applications over amount required underSection 3LU Tax Code Authorized Officer Signature TAX RECEIPT 09/011202310:44AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR -- Reoelpt Number 4151 COUNTY PARK CT —. 3265412 BRYAN, TX 77802 bate Posted " -' 08131/2029 paymenCType I P Payment -Code Over/Refund Total Paid ___ _:—,802.28 PAID BY: CHAMPIONSHIP TITLE OF TEXAS LLC 8000 CENTRE PARK DR STE 220 AUSTIN, TX 78754 Property *ID - Geo ' - ` ---- _. _ _ . .. _-_ • Legal Acres -_•_, - �- r0.0000- - _ _ _— _ _ - _ __ __ - - 76598 212500.0001-00207 LEESTTYLER -.-- _ - 904 UNIVERSITY OAKS 2 - Legal Description _` _�_�_ _ Y_ I COLL:GESTATIONz TX 77840-7500 CRIPPCREEKCONDOS, BLDGA, UNIT2 LE- Situs - - - - -- _ - - - :DSA Name----- -� 904 UNIVERSITY OAKS BLVD 2 , Entity Year__ Rate _ faxaWe Value _Stint # _Vold _ _ Original Tax Discnts _ P&1 A_ tt Fees _ _Overage A_ mount Pd "-0.60 " _ ZREFUNDENTITY 2022 O,000OOy 0' 146620 N 21.89 0.66 0.00 0.00 21.69 BRAZOS COUNTY 2022 0,42941 88,443 75428 N 379.78 0.00 72.15 67.79 0.00 519.73 CITY OF COLL. $TAT. 2022 0.62461 88,443 76428 N 483.98 0.00 88,16 82.82 0.00 634.96 COLLEGE STATION ISO 2022 1.17810 88,443 75428 N 1,041.95 0.00 197.95 185.99 0.00 1,426.90 2,602.28 Balance Due As Of 0813112023: -21.69 Tender_ _ - Details _..- Description - 'Amount. Check 100098 2602.28 2602.28 Operator Batch YO • _Total Paid . lemerson 47544 (09012023 LE) 2,602.28 Page:1 Receipt issued in Accordance with Section 31.076 of the Texas Property Tax Code m,eAtft�Um Tn. APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Part Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS SUMMER HAZE LLC % FRENCH DOUG 4090 STATE HIGHWAY 6 S COLLEGE STATION TX 77845-8962 PROPERTY DESCRIPTION Legal: BRIDGEWOOD PH 3, BLOCK 9, LOT 11 Address: 4112 SUMMER HAZE CT Account# 412824 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund 2REFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: SUMMER HAZE LLC % FRENCH DOUG 4090 STATE HIGHWAY 6 S COLLEGE STATION TX 77845-8962 Collecting Toxfor. (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 01/11/2023 $5437.72 $90.00 Sign below and return form to the Brazos County Tax Office. "1 hereby apply for the refund of the above-desaibed taxes and certify that the information on this form is true and correct." G-1j-a3 Signature Date 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 The tax re nd is Approv d j ]Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT - 01/11/202311:25AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: SUMMER HAZE LLC % FRENCH DOUG 4090 STATE HIGHWAY 6 S COLLEGE STATION, TX 77845-8962 Z REFUND ENTITY 2022 BRAZOS COUNTY 2022 CITY OF COLL. STAT. 2022 COLLEGE STATION ISO 2022 3227303 � 12r31tz02 2P, aylrierit Code v W/Refand $5 437.22� f SUMMER HAZE LLC ✓ 1 % FRENCH DOUG I 1 4090 STATE HIGHWAY 6 S ; COLLEGE STATION, TX 77845-8962 u.uuuuu u 0..42941 250,793 14596I 125130 N N 90.00 1.076.93 0.00 0.00 0.00 0.00 0.00 0.00 am 0.00 90.00 1,076.93 0.52461 250,793 125130 i N 1,315.f39 0.00 0.00 0.00 0.00 1,315.69 1.17810 250,793 'i25130 N 2.954.60 0.00 0.00 0.00 0.00 2,954.60 5,437.22 Balance bue As Of 1=112022• -90 00 ender�a etaiiS "`It m Check 2168 5437.22 5437.22 Iemersan 44208 (01112023 LE) " 5,437.22 Page,1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Cade Ta, APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802 Ph. 979-775.9930 OWNER'S NAME AND ADDRESS DANSBY BRETT 6637 MARKLAND PIKE VEVAY IN 47043-9734 Collecting Tax for. (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: ALLEN-DANSBY UNIT #IRE 31224957-000 MAGNOLIA OIL &/NAVASOTA RIVER (CRETAC AB 210 /S D SMITH SUR .0032900000 R Address: -Account #-•385108- TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayees reason for refund: OP -Overpayment REFUND TO: DANSBY BRETT DANSBY PAMELA 6637 MARKLAND PIKE VEVAY IN 47043-9734 Payment Date Amount Paid W12/2022 $24.69 Refund Amount Requested $15.81 sign below and return form to the Brazos County Tax Office. "I hereby apply for the fe d q the above -described taxes and certify that the information on this form is true and correct." Si ng ature %` D„ a , 13 red 04 ,Sb @ � 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 ]ail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMINATION e to nd is [ Appro e [ ] Disapproved a 3 Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under section 31.11 Tax Code Authorized Officer Signature Date , C,7/ TAX RECEIPT 12/13/2022 09:17AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT �'` `-.���'��p� BRYAN, TX 77802 3191193 et8•enPo�ti;d� t 11l3012022, i t»T Zype , P OyedRefund' PAID BY: ' DANSBY PAMELA L & BRETT G 6637 MARKLAND PIKE VEVAY, IN 47043-9734 ! e o iq`i i N ' i.e; .3%'. : '@���`Y@_S- _ s_��-:•+r .DYUjn@f2YI1P.3.fd�r��@5�� 385108 131 224957-000-R-031224957000R041943 0.0000 DAMNS Y BRErr • t ��. 16637 MARKLAND PIKE ega_;-D soription ,� s s'._z^x"_ y. !VEVAY, IN 47043-97.3 ALLEN-OANSBY UNIT #IRE 31224957-000 MAGNOLIA OIL WNAVASOTA RIVER (CRETAC AB 210 IS D SMITH SUR .0032900000 R .ag°Pa :tip} s •,s is D. ;Nari • - - ly i EMG SVCS DIST #1 2022 0.02256 BRAZOS COUNTY 2= 0.42941 COLLEGE STATION ISD 2022 1.17810 0 .145551 N 15.a1 0 00 0.00 U.00 o.a0 15.97 545 33149 N 0.12 0.00 0.00 0.00 0.00 0.12 545 33149 N 2.34 0.00 0.00 0.00 0.00 2-34 i 545 $1149 N 6.42 0.00 0.00 0.00 0.00 6.42 24.69 i Balance Due As Of 1113012022: 45.81 r Op$.. t��y _ _ °P°� _�'�-..��€�•• r3�x;.u�.,. :� ���- ,".�;: :}'� t "`:��.• =,,.��-E,•.. ':r �y :7'o�al;Paidl �lememon ^43767 (12132022_LE) _ 24.69 Page:1 Recelpt Issued In Accordance with Section 31.075 of the Texas Property Tax Cade TWAu m r0%1e. APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Offlce 4191 County Park Court Bryan, Texas 77802 . Ph. 979-77"930 OWNER'S NAME AND ADDRESS HARPER SMITH PAMELA KAY 1122 NEAT PICKEiT DR . COLLEGE STATION TX 77840-2611 PROPERTY DESCRIPTION Legal: CARTEWS GROVE PH 1, BLOCK 4, LOT 17 Address: 1112 NEAL PICKETT DR Account # 21191 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZRIFFUND 202Z Taxpayer's reason for refund; OP -Overpayment REFUND TO: HUD COMPU-LINK CORPORATION A77N; CASH MANAGEMENT 14002 E 215r STREET STE 300 TULSA OK M34 Collecting Toxfor: (taxing entities) Brazos county, City of Bryan, City of College Station Bryan LSD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 08/28/2029 $1518.90 $129.48 Sign below and return form to the Brazos CountyTex office. 9 hereby apply for the refund of the above -described taxes and certify that the information on this form is true and correct." PI I 1A N.6 rr\&VA Atut i IV 877-622-8525 propertycharges@hud gov Phone 0 Email Address if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state jolt felony under?exas penal Code Section 97.10, TAX REFUND DETERMINAT,JON Th =refun ( pprove [ j Disapproved Authorized Officer Signature gla.coIag Date Authorized officer of taxing unitfor refund applications over amount required under Section SWI Tax Code Authorized officer Signature Date y TAX RECEIPT 08/28/2023 01:14PM KRISTEEN ROE, CTA PH# (979) 776-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR i —" Receipt IViimbe�_ - 4151 COUNTY PARK CT - - BRYAN, TX 77802 3266170 Date Posted _ __ 08_120=23 Payment Type — . - _ P - Payment Code---Overmefund TomPaid _ - _ $1,518.9.0' PAID BY: HUD COMPU-LINK CORPORATION ATTN: CASH MANAGEMENT 14002 EAST 21ST STREET STE 300 TULSA, OK 74134 Properly tD -de-0- -- -- -- - -- -- -- --- - L.egal Aires- 2119] • 0.0000 - - - - j IiARPF.R-SMITH PAMEL.A W - ._ ..-- ----:—•-- -----.--� __--_ ___-- Legal Description _ _-- --__ _ _--_-, ' 1112NEALPICKETTDR _ - - ;-- COLLEGE STATION. TX 77840-2611 CARTER'S GROVE PH'l, BLOCK4, LOT 17 1112 HEAL PICKEIY DR ,- -- - - -- - - -- -- - --� Entity __ Year _ Rate T_ Taxable_Value $tmf Void - Original Tax Disc_rtts __ P$1 _ _A_tt_Fees O_ _varage Am_oant Pd: ' Z REFUND ENTITY 2022 0.00000 0 148817 N 129.48 0.06 oxii 0.00 mod 129AS BRAZOS COUNTY 2022 OA2941 173,913 55930 N 203.61 0.00 16.49 0.00 0.00 220.10 CITY OF COLL. STAT. 2022 0.62461 206,467 55930 N 281.04 0.00 22.77 0.00 0.00 303.81 COLLEGE STATION ISD 2022 1.17810 193.913 55930 N 800.68 0.00 64.83 0.00 0.00 865.51 1,518.90 Balance Due As Of 081=023: -129AB Tender - Detiaiis - _ Descaiption-' - _- _ _A_ mounf Check 38531 115118.90 151890 Operator Batch —_ - __ _Toial,i'aid tmoore 47474 (08/2812023TMj _ - - - 7,518.80 Special Conew Exists for this Property Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code moae�� APPLICATION FOR TAR REFUND Collecting 0f/!ee Nome Brazos County Tax Office 4151 County Park Court Bryan, Texas 77802. Ph. 978-775.9930 OWNER'S NAME AND ADDRESS RAY KOROK & SHEETAL 2136 ROCKLIKE LOOP COLLEGE STATION TX 77845-4852 PROPERTY DESCRIPTION Legal: WOODLAND ACRES, LOTS (FRONT 342' OF) Address: 900 ASHBURN AVE , Account # 49704 Collecting lox jnr, (taxblg entities) Brazos County, City of Bryan, City of Callrrga Station firyan ISO, College Station ISO, F1, F2, F3, Fri, City of Kurten, Navasota ISD TAX MM ENT INFORMAL ICON Name of Taring Unit fax Year of Refund Payment Date Amount Raid Refund Amount Requested ZRERIND 3022 Oti/03/Z013 $�47.19 57941.87 Taxpayees season for refund: OP-OyerpayAnent REFUND TO: RAY SHEETAL 2136 ROCKCUFFE LOOP. COLLEGE STATION TX 7784E-M2 sign below and return form to the Brains County Tax Office: ")hereby applyfor the refund the above•described taxes and certifythat the fnfomraticn on this form is true and correcV staid 2v7r K� -�Z�f x.10.0 lay @ am'pf'(001 Phone 0 Email Address tf you make a false statement on this application, you could he found guilty of a Gass A misdemeanor or a SWOOP felony ur*rTexas Penal Code Section 37.10. TAX flEFUND DETERM NATIO The tint reW is (v� proved Isapproved a 3 Authorized officer Signature Date Aut mind Officerof taxing unit for refund applIcadons overamount required underseotton 3L11 Tax Code Authorised Officer signature Date TAX RECEIPT 06106202310:15AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: RAY SHEETAL 2136 ROCKCLIFFE LOOP COLLEGE STATION, TX 77845 Recelpt Number_ 3264767 Date Posted 06/03/2023 Payment Type P Payment Code Over/Refund Total Paid _ _-58,247.19 -Legal Acres _ owam owner Ne and Address - 49704 670400-000000-8t] 0.0000 RAY KOIiOIC I_SHEETAL —•• - -- _- • , — -•--• - — i 2136 ROCKCLIFFE LOOP _ Legal Description COLLEGE STATION, TX 77845-4852 WOODLANDA(i ES, LOT 8 (FRONT 34T OF) Situs• DBA Name 900P1SHB1lRNAVE , � ' EntityD Year Rate Taxable Value Stmt# Void Original Tax Discnts P81At_t_F_ees Overage Amount Pd FUN Z REENTITY _ 2022 0.00000 0 146439 N 7,941.87 0.00 0.00 0.00 0.00 7,941.87 BRAZOS COUNTY 2022 0.42941 386,806 10506D N 53.47 0.00 B.02 0.00 0.00 61.49 CITY OF COIL. STAT. 2022 0.52451 385,806 i05860 N 65.33 0.00 9.80 0.00 0.00 75.13 COLLEGE STATION r ISD 2022 1.17810 386.806 105860 N 145.69 0.00 22.01 0.00 o.00 168.70 8,247.19 Balance Due As Of 0610312023: 7941.87 Tender Details Description Amount, Check ECK 8247.19 8247.19 Operator Batch TOtdl:Paid tmoore 46437 (ECHECK PAYMENTS OGf0412023) _ "' 8,247.19 Page:1 Receipt issued in Accordance vh'th Section 31.075 of the Texas Property Tax Cade TWaW-d-� ML Itristeen Roe, CTA, PCC Brazos County Tax Assessor/Collector 4151 County Park C t Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 09/1912023 REQUESTOR CHAMPIONSHIP TITLE OF TEXAS ADDRESS 8000 CENTRE PARK DR STE 220 AUSTIN TX 78754 OWNER NAME TYLER LEEST PROP ID# 76598 REFUND AMOUNT 1$21.69 REQUESTOR SUMMER HAZE LLC % FRENCH DOUG ADDRESS 4090 STATE HIGHWAY 6 S COLLEGE STATION TX 77845 OWNER NAME SUMMER HAZE LLC PROP ID# 412824 REFUND AMOUNT $90.00 REQUESTOR BRETT & PAMELA DANSBY ADDRESS 6637 MARKLAND PIKE VEVAY IN 47043 OWNER NAME BRETT DANSBY PROP ID# 385108 REFUND AMOUNT 1$15.81 REQUESTOR HUD COMPU-LINK CORPORATION ATTN: CASH MANAGEMENT ADDRESS 14002 EAST 21 ST STREET STE 300 TULSA OK 74134 OWNER NAME PAMELA HARPER -SMITH PROP ID# 21191 REFUND AMOUNT 1$129.48 REQUESTOR SHEETAL RAY ADDRESS 2136 ROCKCLIFF LOOP COLLEGE STATION TX 77845 OWNER NAME RAY & SHEETAL RAY PROP 1D# 49704 REFUND AMOUNT 1$7941.87 REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT APPLICATION FOR TAX REFUND Copecting Office Name CollectinglTox for, (taxing entitles) Brazos County Tax Office Brazos County, City of Bryan, City of College5tation 4131 County Park Court Bryan LSD, College Station ISD, F1, F2, F3, F4, Bryan, Texas 77802 Ph. 979-775.9930 City of Kuken, Navasota LSD OWNER`S NAME WD ADDRESS LEEST TYLER '904 UNIVERSITY OAKS BLVD #2 COLLEGE STATION, TX 77840 PROPEMOMBIPTION Legal: CRIPPLE CREEK CONDOS, BLDG A, UNIT 2 Address: 904 UNIVERSITY OAKS BLVD 2, ' Account # 76598 TAX PAYMENT INEORD AEON -Nana ofTaMnZVnit TWVear df Refund -Payment Date Amount Pald Refund Amount Requested �."` Zi�4EirUlYID' 20)2 _ Wf.W70211 WSM2,28 voi.69 r - Taxpayees reason for refund: OP -Overpayment REFUND TO: CHAMPIONSHIP TITLE OF TEXAS LLC ' 8000 CENTRE PARK DR STE 220 AUSTIN,'fX78754 .:•,.• .. - :f. sign below and returnform.to.the Brazos CduMy7ax Office. "I hereby apply for the refund of the above -described taxes and certify thatthe Information on this form Is true and correct." r 512-982-6116x111 dbekker@championshiptitie,com Phone ti Email Address If you make a false statement an this application, you could be found guilty of a Class A misdemeanor or a state jail felony underTexas penal Code Section 37.10. , TAX REFUND DETERMINATION e tax r Is [ App ( ] Disapproved + Q t.o a 3 Authorized Officer Signature Date r Authorized Officer of taxing unitfor refund appHcatlons over amount required uriderSection 3L11 Tax Code Authorized Officer Signature TAX RECEIPT 09/01/202310:44AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4161 COUNTY PARK CT BRYAN, TX 77802 PAID BY: CHAMPIONSHIP TITLE OF TEXAS LLC 8000 CENTRE PARK DR STE 220 AUSTIN, TX 78754 _ Receipt Number _ 3265412 Date PFS d • 08/31/2623 PaymenbType I P payment•Code i Over/Refund Total Paid �$2,602.28 Property Legal Acres �1 - �O_wri_er. Piame a_nd Address .L , 76598 212500.0001-0020V' _�— _ -0.0000- - _- _ _ _ _ LEESTTYLER _ -"" 904 UNIVERSTY OAKS 2 Le al_Decton COLLEGE STATIONi_,w TX 77840-7600 CRIPPLE CONDOS"*BLDG A, UNIT 2 _CREEK 5ifus� ----- - :DBAfVame'V 9(74 UNIVERSITY OAKS BLVD 2 , Entity Year Rate - __ ' _7_ax_ab_le Vaiu_ a -148620 $tmt # _ _Vold _ OL19inal Tax D_ _I_s_cnis P&1_ Att Fees _Overage Amoun_ t Pd - �- '-0.00 ' Z REFUND ENTITY 2022 0.00000- 0- N 21.89 0.00 0.00 0.00 21.69 BRAZOS COUNTY 2022 0.42941 88,443 75428 N 379.78 0.00 72.15 67.79 0.00 519.73 CITY OF COLL. $TAT. 2022 0.62461 88,443 76428 N 483.98 0.00 88.16 82.82 0.00 634.96 COLLEGE STATION ISO 2022 1.17810 88,443 75428 N 1,041.95 0.00 197.96 185.99 0.00 1,426.90 2,602.28 Balance Due As Of 0813112023: -21.69 Tender -Details - - _ Description Amount. Check - - 100098 ---- ---- - - �' 2602.28 2602.28 1 Operator Batch _ Total Paid. lemerson 47544 t09012023 LE) 2,602.28 Page:1 Receipt Issued in Accordance with Section 31.076 of the Texas Property Tax Code rneAutam ga Un APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office - 41S1 County Park Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS SUMMER HAZE LLC % FRENCH DOUG 4090 STATE HIGHWAY 6 S COLLEGE STATION TX 77845-8952 PROPERTY DESCRIPTION Legal: BRIDGEWOOD PH 3, BLOCK 9, LOT 11 Address: 4112 SUMMER HAZE CT Account# 412824 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund 2REFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: SUMMER HAZE LLC % FRENCH DOUG 4090 STATE HIGHWAY 6 S COLLEGE STATION TX 77845-8962 Collecting Tax for. (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 01/11/2023 $5437.22 $90.00 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." G- It-a3 Signature bate 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 The tax re nd is Approv d j ]Disapproved Authorized Officer Signature ci'1at, ("?3 Date Authorized Officer of taxing unit for refund applications over amount required under Section 32.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 01/111202311:25AM -i KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: SUMMER HAZE LLC % FRENCH DOUG 4090 STATE HIGHWAY 6 S COLLEGE STATION, TX 77845-8962 1 y 3227303 Pub�1 _ ... 12131l2022 aymerit'God"e OveslRefund 1T � .gal _' $5 437.22: ' r mefan 1 SUMMER HAZE LLC # % FRENCH DOUG # } 4090 STATE HIGHWAY 6 S COLLEGE STATION, TX 77845-8962 f s Z REFUND ENTITY 2022 0.00000 0 145987 N 90.00 0.00 0.00 0.00 0.00 90.00` BRAZOS COUNTY 2022 0.42941 250,793 125130 N 1,075.93 0.00 0.00 0.00 0.00 1,076.93 CITY OF COLL. STAT. 2022 0.52461 250,793 125130 N 1,315.89 0.00 0.00 0.00 0.00 1,315.69 COLLEGE STATION ISO 2022 1.17810 250,793 125130 N 2,954.60 0.00 0.00 0.00 0.00 2,954.60 5,437.22 Balance Due As Of 12131)2022: -90.00 wenclerz '� :.e_ta_il�� _ ' -, �..a� ," _ _.��.�= ���Oescr p on:,�"-�.�.� �''- — Y•-.�isiount Check 2168 5437.22 5437.22 :O_peo• Batch. a=' Aa -, : Via; :r,::w Iemerson 44208 (01112023_LE) 6,437-22 Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Cade ,e APPLICATION FOR TAX REFUND Collecting Office Nome Brazos County Tax Office 4151 County Parts Court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS DANSBY BRETT 6637 MARKLAND PIKE VEVAY IN 47043-9734 Collecting Tax for. (taxing entities) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD PROPERTY DESCRIPTION Legal: ALLEN-DANSBY UNIT #1RE 31224957-000 MAGNOLIA OIL &/NAVASOTA RIVER (CRETAC AB 210 /S D SMITH SUR .0032900000 R Address: Account X-385108- - - - TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund ZREFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND TO: DANSBY BRETT DANSBY PAMELA 6637 MARKLAND PIKE VEVAY IN 47043-9734 Payment Date Amount Paid Refund Amount Requested 12/12/2022 $24.69 $15.92 Sign below and return form to the Brazos County Tax Office. "I hereby apply for th�red q the above -described taxes and certify that the Information on this form is true and correct." 1—/ Z —23 Da' Si natu ,.._, g3�-23 % - �a �� _ red # ��Sb �@ Ile Phone g 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 =1A7 [ ]Disapproved 1Z3 Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date e70 TAX RECEIPT 12/13/2022 09:17AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR LT et t N mm- 4151 COUNTY PARK CT �' ` BRYAN, TX 77802 319191193 pateoteo_= = 11/3orzo22 imr9Thde,+' ' Over/Refu d• S24-99 PAID BY: ' DANSBY PAMELA L & BRETT G 6637 MARKLAND PIKE VEVAY, IN 47043-9734 I Pro a ID 'a Gx '`° _ .. s:•:' s; a ' ga�'A�res c�� 3� ;Owner, ain' a1resss=' 385108r31224957-000-R-031224957000R041943 0.0000 DA�R ETT' ` E 6637 MARKIAND PIKE i • -rF, " �•,ti, y. , 4 ». UK", ., :VEVAY, IN 47043-9734 ALIEN-DANSBY UNIT #1RE 31224957-000 MAGNOLIA OIL BMAVASOTA RIVER (CRETAC AB 210 /S D j SMITH SUR .0032900000 R I_ Situ��°� '•-�,~s•��, � °=-._•,Y - ��. e7 •D��1s,IVame �'•�:::�:.. s � ;�;�� ,�,�;,1�. •, - , ���, � I Yea�•..Rates,;T_ az_�b,wVaIt`,:.:5.� .. t:#:;.:�f444�.: 'Orlgina_fa. a�c,�:;Discnts;-_-_�;�_:P&1 "Att Fees Qve�age:ArA iu Z REFUND ENTITY 2022 0.00000 0 .145561 N 15.81 0.00 0.00 0.00 0.00 15.81 EMG SVCS DIST #1 2022 0.02256 545 33149 N 0.12 0.00 0.00 0.00 0.00 0.12 BRAZOS COUNTY 2022 0.42941 545 33149 N 2.34 0.00 0.00 0.00 0.00 2.34 COLLEGE STATION I ISD 2022 1.17810 545 38149 N 6.42 0.00 0.00 0.00 0.00 6.42 24.69 Balance Due As Of 1113012022: -15.81 1363 24.69 ! 24.69 f I i O e {o_..g}' atCh,�' . a.: ;arA:.,��� 3=�:•u.= r. :�� .ra'�>c •�..�. ,,.• s� ;_' °n: TQtal�Paid1 �lemerson 43767 (12132022_LE) Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas PropertyTex Code Tm°wmrnun APPLICATION FOR TAX REFUND Collecting Office Name Brazos County Tax Office 4151 County Park court Bryan, Texas 77802 Ph. 979-775-9930 OWNER'S NAME AND ADDRESS HARPER SMITH PAMELA KAY 1112 NEAT. PICKETT DR . COLLEGE STATION TX 71840-2611 PROPERTY DESCRIPTION Legal: CARTER'S GROVE PHI, BLOCK 4, LOT 17 Address: 1112 NEAL PICKETT DR Account # 21191 TAX PAYMENT INFORMATION Name of Tasing unit Tax Year of Refund 2REFUND 2022 Taxpayer's reason for refund: OP -Overpayment REFUND M: HUD COMPU-LINK CORPORATION ATTN: CASH MANAGEMENT 14002 E 215r STREET STE 300 TULSA OK 74134 Collecting Tax far: (taxing entitles) Brazos County, City of Bryan, City of College Station Bryan ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota ISD Payment Date Amount Paid Refund Amount Requested 08/10023 $1518.90 $129AS Sign below and return form to the Brazos CountyTex office. "1 hereby apply for the refund of the above -described taxes and certify that the Information on this farm is true and correct." Na 877-622-8525 prapertycharges@hud gov Phone 0 Emall Address if you make a false statement on this application, you could be found guilty of a Class A misdemeanor or a state loll felony underTexas penal Code SeWon 37.10. TAX REFUND DETERMINATION Th tax refun s ppro [ ] bisapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section SIM Tax Code Authorized Officer Signature Date TAX RECEIPT 08/28/2023 01:14PM •KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR i —`- Ret:eipt Niimtie�_ _ 4151 COUNTY PARK CT - ---- BRYAN, TX 77802 3265170 Date Posted 08/28/2023 •• Payment Type PaymeM Cade _OvedRefund Total Paid PAID BY: HUD COMPU-LINK CORPORATION ATTN: CASH MANAGEMENT 14002 EAST 21ST STREET STE 300 TULSA, OK 74134 • -- Property ID-- ----- ------ ----------- - - Geo legal Acres - - -- - - i --- - -----o`wn�r i�la,nea�a �aa 21191— 183500-0040-0170 - - - - -- - - • 0.0000 - HARPER -SMITH PAMELA KAY . - ----- _ _ _ --:— • -- -- _--- _ _ __ _ _-- _ _--- Legal Description - _ - - - --- - - - • --- • ' 1112 NEAL PICKETT DR _ _ _-_ _ COLLEGE STATION, TX 77840-2611 CARTERS GROVE PH i, BLOCK4, LOT 17 _ Name 1112 MEAL PICKETi DR , i Entity - __ Year -Rate _ Ta_xableValue Stmt Void - Original_Tax D�crrts _ P81 _ A_tt__Fee_s O_ve_rage Amount Pd. - Z REFUND ENTITY 2022 0.00000 0 14BB17 N 129AS 0.00 0.00 0.00 0.00 i:W48 BRAZOS COUNTY 2022 DA2941 173,913 55930 N 203.61 0.00 16.49 0.00 0.00 220.10 CITY OF COLL. STAT. 2022 0.52461 206,467 559M N 281.04 0.00 22.77 0.00 0.00 303.81 COLLEGE STATION ISD 2022 1.17810 193.913 55930 N 800.68 0.00 64.83 0.00 0.00 865.51 1,518.90 Balance Due As Of 081=023: -129AB Tender-Detaiis - - - - - - - _ - Qescrrption� _ _- ,� —_ :Amount- Chetli1518.90 151890 Operator Batch �- - ---- - -- - - -- ---'- -- - --- - - --- - - ----.- __ Taial,.Paid tmoore 47474 (08128f2023Ti11� - - - - - - - 7,518.90 Special CmdiOon Exists for this Property Page:1 Receipt issued In Accordance with Section 31.076 of the Texas Property Tax Code mo m APPLICATION FOR TAR REFUND Collecting Office Name Brazos County Tax Office 41S1 County Park Court Bryan, Texas 77802. Ph. 979-775.9930 OWNER'S NAME AND ADDRESS RAY KOROK & SHEF.TAL 2136 ROCKLIKE LOOP COLLEGE STATION TX 77845-4852 PROPERTY DESCRIPTION Legal: WOODLAND ACRES, LOTS (FRONT 342' OFF Address: 900 ASHBURN AVE , Account# 49704 Collecting Tax far. (taxing entitles) orates County, City of firytn, City of college Station Bryon ISD, College Station ISD, F1, F2, F3, F4, City of Kurten, Navasota 151) TAX PAYN, jENT INFORMATION Name of Taxing Unit tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZRERIND 2022 06/0312023 $8247.19 57941.87 Taxpayees ceason for refund: OP -Overpayment RE ND TO: RAY SWEETAL 2136 ROCKLIFFE LOOP. COLLEGE STATION TX 7M5.4852 Sign below and return farm to the Brazos County Tax Office. "Ihereby apply for the refund the above -described taxes and certifythat the information on this form is true and canecV . 9f19123 phone q Email Address n you make a false statement on this application, you could he found guilty of a Class A misdemeanor or a state jail felony underTexas Penal Code Section 37.30. nTAXLEFUND DETER# NATIOs ( proved Isappmved a / a.. 3 Authorized officer Date Authorized Of urofWAS unit for refund application over amount requhdunder SectlonU11Tax Code Authorized officer Signature Date TAX RECEIPT 061061202310:15AM KRISTEEN ROE, CTA PH# (979) 775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR 4151 COUNTY PARK CT BRYAN, TX 77802 PAID BY: RAY SHEETAL 2136 ROCKCLIFFE LOOP COLLEGE STATION, TX 77845 - 49704 670400-0000-0080 --- — -- -- —Legal Description __. , WOODLAND ACRES, LOT 8 (FRONT 342' OF) Situs� _ _ DBA Name goo ASHBUi2NAVE , Receipt iVumber 3264767 Date Posted 0.6.10312023 PaymentType P Payment Code OverlRefimd Total Paid _—58,247.19 Legal Acres _ Owner Name and Address 0.0000 RAY KOROK & SHEETAL 2136 ROCKCI.JFFE LOOP COLLEGE STATION, TX 77845-4852 Entity_ Year Rate T_ wmble Value_ Stmt# Void Original Tax _ _Discnts P8 l Att_F_ees_ - Overage Amount Pd _ Z REFUND ENTITY _ 2022 _ 0.00000 0 146439 N 7.941.87 0.00 0.00 0.00 0.00 7,941.87 BRAZOSCOUNTY 2022 0.42941 386,805 10586D N 53.47 0.00 B.02 0.00 0.00 61A9 CITY OF COLL. STAT. 2022 0.52451 386,806 105860 N 65.33 0.00 9.80 0.00 0.00 76.13 COLLEGE STATION ISD 2022 1.17810 386,806 105860 N 146.69 0.00 22.01 0.00 0.00 168.70 8,247.19 Balance Due As Of 0610312023: 7941.87 Tender Details Description Amount, Check ECK 8247.19 8247.19 Operator Batch _ _ .. _ __ _ _ T6ta1. tmoore 46437 (EC-kbK PAYNIENtS OW4/2023) 8,247-19 Page: 1 Recelpt issued In Accordance wish Section 31.075 althe Texas Property Tax Coded BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2022-2023 BUDGET YEAR NO.22/23 49.01 On this the 261' 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 26tt' 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 261" day of September 2023. THE COMMISSIONERS COURT OF BRAZOS COUNT', TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 22/23 - 49.01 9/26/2023 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Grant Fund BV Human Traff cking Task Force Development Supplies and Other Charges Expenditure 300.00 Grant Fund BV Human Trafficking Task Force Development Repair and Maintenance Expenditure 300.00 BV Human Trafficking Task Force Development Reallocation of funds to the correct accounts to cover fuel charges for FY 2023. NNP ` 0. Date: „ 9/21/2023 County Judge Approval Date For Oracle Entry Only FUND DIV ACCT Change in Budget ACCOUNT NAME 30000 283700 60400000 (300.00 30000 283700 65350000 300.00 Personnel Change of Status ( Sep 21, 2023 ) Commissioners' Court Date: Department Submitting Information: Purpose of Submissions: 09-26-2023 Human Resources Consider and Take Action on Change Employment Department Name. Employee Name Tax Assessor - Collector - Administration Barber, Norma Exposition Center - Administration Bryant Jr., Marls Information Technology - Administration Cobb, Jackson Separations -NameNaDepartmen Employeeme 3 Sheriff Office - Jail Administration LaFollette, Hannah Sheriff Office - Jail Administration Mejia, Anita Road & Bridge - Administration Pineda, Antonio Approved in Commissioners' Court: 09-26- County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 09-26-2023 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 Brazos Center Constable Precinct 3 County Auditor Bracken, Steven Pierce, Jace Corwin, Richard French, Connie Rushing, Cheryl Change of Status Change of Status Change of Status Change of Status Change of Status Sheriffs Office — Jail Admin Santarsiero, Robert Change of Status Approved in Commissioners' Court: 09-26-2023: �:),-,- County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: 09-26-2023 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests �Ctiange .of sStafus;FY:2024 Department Submitting Employee Request Action Requested Request(s) Applies To 85th District Court Hawthorne, Kyle Change of Status 272"d District Court' Brick, John Change of Status 361st District Court Hilburn, David Change of Status American Rescue Plan Revenue Replacement — R U OK Program Masco, Valdie Change of Status Associate Judge 1 Garcia, Dana Change of Status Associate Judge 2 Hines, Scott Change of Status Reed, Debbie Change of Status Stapp, Sheryl Change of Status Commissioners Court Aldrich, Steven Change of Status Constable Precinct 1 Berry, Nancy Konderla, Charles Watson, Wanda Reeves, Jeff Change of Status Change of Status Change of Status Change of Status Constable Precinct 2 Lampo, Donald Change of Status Constable Precinct 3 Ingram, Joe Change of Status i Constable Precinct 4 Carter Jr, Hezekiah Change of Status County Attorney Gray, Earl Ocampos-Banos, Brisa Change of Status Change of Status County Auditor Mays, Spencyr Payne, Nina Change of Status Change of Status County Clerk McQueen, Karen Change of Status County Court at Law 1 Matzke, Amanda Ramsdale, Laura Change of Status Change of Status County Court at Law 2 Brantley, Roy Change of Status County Judge Peters, Edgar Change of Status County Records Management Hartfield, Joshua Medina, Wendy Change of Status Change of Status County Treasurer Villarreal, Cristian Change of Status District Attorney James, Amanda Change of Status Johse, Michael Change of Status Parsons, Jarvis Change of Status District Clerk Garcia, Gabriel Change of Status Gomez, Casandra Change of Status Ward, Mia Change of Status District Clerk Records Management Fund Bond, Pamela Jacobus, Elliana Jacobus, Elliana Change of Status Change of Status Change of Status 2 Nava, Maria Change of Status Ramirez, Alexander Change of Status Ramirez, Alexander Change of Status Elections Administrator Barnes, Emilie Change of Status Rodriquez, Raymond Change of Status Exposition Center Hall, Allen Change of Status Jones, Bryan Change of Status Fleet Shop — Light Equipment Carroll, Shelvin Change of Status Garcia, Richard Change of Status Holloway, Dwayne Change of Status Hotel Occupancy Tax Hailey, Sara Change of Status Information Technology Kuebler, Charles Change of Status Malinak IV, Frank Change of Status Seaton, Nicholas Change of Status Jail Commissary Dozier, Kelly Change of Status Jail Medical Services Amaya, Alexandra Change of Status Barrentine, Wilhelmina Change of Status Bratz II, David Change of Status Esquivel Jr, Arturo Change of .Status Kauffman, Kenneth Change of Status Smith, Treva Change of Status Nino Corona, Alejandro Change of Status Ocampo, Damarys Change of Status Wright, Kathryn Change of Status Ziegelmann, Michelle Change of Status JJAEP - Community Based Kosloski, Courtney Change of Status M Justice of the Peace — Precinct 1 -Elliott, Kenny Change of Status Justice of the Peace — Precinct 2 Nunn, Terrence Change of Status Justice of the Peace — Precinct 3 Hill, Richard I Change of Status Justice of the Peace — Precinct 4 Booker, Darrell Change of Status Juvenile Court Referee Luna, Aida Change of Status Swan, Misty Change of Status Juvenile Services — Administration Community Based Hernandez Hollowell, Solangie Change of Status Hill, Daphne Change of Status Krejci, Melba Change of Status Storemski, Jonathan Change of Status Thomas, Neshae Change of Status Juvenile Services — Administration Court Adams, Alecia Change of Status Estep, Kendra Change of Status Kasberg, Stacey Change of Status Tunsel, Marsha Change of Status Juvenile Services — Detention Ballard, David Change of Status Flores, Heather Change of Status Garner, Armani Change of Status Rogers, Lloyd Change of Status Romero, Jessica Change of Status Landscape Parra, Fernando Change of Status Purchasing Wendt, William Change of Status ,11 Sheriff Office — Admin. Alford, Christian Change of Status Bachmeyer, Brian Change of Status Ballew, Samuel Change of Status Ballew, Samuel Change of Status Bell, Matthew Change of Status Benavides, Francisco Change of Status Benavides, Francisco Change of Status Braly, Christopher Change of Status Brandhuber, Jenifer Change of Status Calhoun, Michael Change of Status Calhoun, Michael Change of Status Contreras Jr, Ignacio Change of Status Contreras Jr, Ignacio Change of Status Cook Jr, Reginald Change of Status Coonz, Cody Change of Status Dennis, Nathan Change of Status Dicky, Carroll Change of Status Dobbins, Samuel Change of Status Donaldson, Dillion Change of Status Douthit, Garrett Change of Status Ellsworth, Tucker Change of Status Elmore, Austin Change of Status Flippin, Garlene Change of Status Fraley, Kristopher Change of Status Garon, Stephen Change of Status Greiner, Christopher Change of Status Grissom, David Change of Status Guzman, Regina Change of Status Hall, James Change of Status Hensley, Lauren Change of Status Hernandez, Salomon Change of Status House, Garrett Change of Status Hyney, Vincent Change of Status 5 Sheriff Office — CSISD School Security James, Jonathan Change of Status Lampkin, Star Change of Status Leeth, Clayton Change of Status Lindley, Douglas Change of Status Lopez -Felix, Monica Change of Status Lopez -Felix, Monica Change of Status Martinez, Paul Change of Status Montoya, Patrick Change of Status Moynihan, Christopher Change of Status Nance, Rickey Change of Status Oldham III, Clarence Change of Status Ortega, Gabriel Change of Status Ostiguin Jr, Jesse Change of Status Searles, Christopher Change of Status Sever, Eric Change of Status Smith, Emilee Change of Status Stumpf, Michael Change of Status Thomas, Eric Change of Status Torres, Jessica Change of Status Turner, Joshua Change of Status Turner, Joshua Change of Status Vaughn, Christopher Change of Status Villarreal, David Change of Status Wager, Jason Change of Status Wagnon, Daniel Change of Status Wallace, Heather Change of Status Wallace, Hugh Change of Status White, Steven Change of Status Wilhelm, Ashley Change of Status Williams, John Change of Status Young, Terry Change of Status Acosta, Jaime Change of Status 0 Sheriff Office —Jail Arredondo, Guadalupe Change of Status Contreras, Joseluis Change of Status Foltermann, Scott Change of Status Lyday, Jayson Change of Status Patranella, Frank Change of Status Price III, Johnnie Change of Status Williams, Keith Change of Status Yarter, Jacob Change of Status Allen, Donna Change of Status Anderson, Re'Keita Change of Status Badertscher, Jacob Change of Status Bates, Madalyn Change of Status Belangeri, Abigail Change of Status Bennett, Antoinett Change of Status Bennett, James Change of Status Blasienz, Andrew Change of Status Blasienz, Andrew Change of Status Bolf, Michael Change of Status Bolf, Michael Change of Status Bolton, Connie Change of Status Boone, Clayton Change of Status Bradley, Lawonder Change of Status Bradley, Lawonder Change of Status Briehn, Caleb Change of Status Brosnan, James Change of Status Brown, Nicholas Change of Status Brown, Nicholas Change of Status Brown, Tra'Varis Change of Status Brune, Karl Change of Status Brune, Karl Change of Status Bryant, Dylan Change of Status Bryant, Dylan Change of Status Burns, Precious Change of Status 7 Camper III, Aaron Change of Status Camper III, Aaron Change of Status Carpenter, Harrison Change of Status Carrillo, Stephanie Change of Status Carrillo, Stephanie Change of Status Carswell, Mark Change of Status Carswell, Matthew Change of Status Carswell, Matthew Change of Status Cedillo, Julie Change of Status Chambers, Carl Change of Status Chambers III, Clifford Change of Status Chaput, Michael Change of Status Chaput, Michael Change of Status Chesterfield, Cassie Change of Status Chesterfield, Cassie Change of Status Clark, Isaac Change of Status Clark, Isaac Change of Status Contestabile, Cordell Change of Status Cottrell, Logan Change of Status Cousins Jr, Russell Change of,Status Cross, Jack Change of Status Cross, Jack Change of Status Currie, Michael Change of Status Daily, Bethany Change of Status Davis, Andria Change of Status Davis, Jason Change of Status Davis, Jason Change of Status Davis, Regina Change of Status Davis, Regina Change of Status Day, Michael Change of Status Day, Michael Change of Status Dill, Jonathan Change of Status Dinwiddie, Lyndrick Change of Status Ellis, Tytianna Change of Status 8 Fennix, Gregory Change of Status Figueroa, Irma Change of Status Foketi, Aiani Change of Status Ford, Coleman Change of Status Gibbs-, Myrtle Change of Status Gonzalez, Jose Change of Status Gonzalez, Jose Change of Status Green, Tera Change of Status Green, Tera Change of Status Gutierrez, Alexa Change of Status Hales, Brian Change of Status Hamilton, Tracy Change of Status Hamilton, Tracy Change of Status Hammond, Deborah Change of Status Hathaway, Stephanie Change of Status Hemphill, Erma Change of Status Hemphill, Erma Change of Status Hendrix, Abigail Change of Status Hernandez, Joshua Change of Status Hewitt, Rhoda Change of Status Hewitt, Rhoda Change of Status Hinton, Blake Change of Status Horton, Charles Change of Status Horton, Charles Change of Status Jones, Jazlyn Change of Status, Jones, Jazlyn Change of Status Kadilak, Paul Change of Status Kadilak, Paul Change of Status Kmiec, Keenan Change of Status Kmiec, Keenan Change of Status Lamb, Ryan Change of Status McClure, William Change of Status Medeiros, Logan Change of Status Miller, Forrest Change of Status 6 Miller, Forrest Change of Status Neal, Nancy Change of Status Nero, Teoshia Change of Status Nero, Teoshia Change of Status Neveu, Albert Change of Status Nunez, Abundio Change of Status Nutall, Jeffrey Change of Status Nutall, Jeffrey Change of Status O'Brien, Austin Change of Status Pace III, Lonnie Change of Status Pedersen, Zane Change of Status Pedersen, Zane Change of Status Pierce, Mary Change of Status Plagens, Daryl Change of Status Proctor, LaQuitta Change of Status Proctor, LaQuitta Change of Status Rodriguez IV, Abraham Change of Status Rodriguez IV, Abraham Change of Status Sanders, Richard Change of Status Santarsiero, Robert Change of Status Santarsiero, Robert Change of Status Schmidt, Jeremiah Change of Status Schmidt, Jeremiah Change of Status Servando, DeJesus Change of Status Smith, Jade Change of Status Smith, Jade Change of Status Smith, Sheldon Change of Status Williams, De Ella Change of Status Williams, De Ella Change of Status Wooley, Wanda Change of Status Wooley, Wanda Change of Status Ziebell, Nathan Change of Status Ziebell, Nathan Change of Status [[7 Tax Assessor Roe, Dorye Change of Status Texas Indigent Defense Commission Grant Aboellhasan, Yasmeen Change of Status Aboellhasan, Yasmeen Change of Status Batten, Debora . Change of Status Brewer, Chelsea Change of Status Hays, Natalie Change of Status Petrus, Sarah Change of Status Petrus, Sarah Change of Status Ritchie, Keith Change of Status Sifuentez-Chavarria, Maritza Change of Status Sifuentez-Chavarria, Madtza Change of Status TJJD — SA Basic Court Ricketson, Linda Change of Status Ricket son, Linda Change of Status Whetstone, Artis Change of Status White, Melissa Change of Status TJJD — SA Basic Probation Figueroa, Jose Change of Status Foley, Trenica Change of Status McCloud, Travis Change of Status TJJD — SA Commitment Diversion Community Bass, Darius Change of Status TJJD — SA Mental Health Services — Residential Programs Hardin, Christina Change of Status Hardin, Christina Change of Status Approved in Commissioners' Court: 09-26-2023: 11 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 12