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HomeMy WebLinkAbout2024/09/17 Regular Session 10:00 AM PILOFOR RECORtO DATE 7' Af_a'lD O'CLOCK / M LERK o BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 17, 2024 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOSCOUNTYTX THIS MEETING WILL BE CONDUCTED BY VIDEO CONFERENCE WITH AT LEAST A QUORUM OF COMMISSIONERS COURT MEMBERS PARTICIPATING IN PERSON AT THE COUNTY ADMINISTRATION BUILDING IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SECTION 551.127 OF THE TEXAS GOVERNMENT CODE. 1. Invocation and Pledge of Allegiance • Invocation- Commissioner Berry • Pledge to the United States Flag - Dr. Leonora Owre • Pledge to the Texas Flag - Dr. Jane Cohen 2. Call for Citizen input and/or concerns 3. Presentations and/or Discussions • Presentation of Certificate by Chadd Caperton, County Extension Agent AG & Natural Resources, Texas A&M AgriLife Extension Service, Brazos County to Commissioner Chuck Konderla on successfully completing Commissioners Court Leadership Academy- Session 3. Consider and take action on agenda items: 4 -31 4. Proclamation 24-019 proclaiming September 17-23, 2024 as Constitution Week. 5. Approval of appointment of Lewis Clinkscales to the Brazos County Emergency Service District(ESD)#3 for the unexpired term of Bill Milberger ending December 31, 2024. 6. Consider and take possible action on a County Bum Ban. 7. Approval requested for the County Judge to sign as the CEO for the FY 24 CEO/LEO Certification and Assurances form for the Specialty Court- Drug Court Grant. 8. Approval of the following Job Descriptions: • a. Budget Office- B0328 - Budget Analyst I • b. Constable 2 - B1618 -Chief Deputy • c. Constable 2 - B1617- Deputy • d. County Court at Law#1 &#2 - B0922- Probate & Guardianship Investigator • e. Forensic Services- B3005-Administrative Manager • f. Forensic Services-B3001 - Director of Forensic Services • g. Information Technology- B1231 - Network Technician I • h. Information Technology- B 1232- Network Technician II • i. Juvenile Services - Detention- B2804- Lead Juvenile Supervision Officer • j. Public Defender's Office - B0135- Receptionist 9. Approval of the Amended Community Supervision and Corrections Department I nterlocal Cooperation Contract for Fiscal Year 2025. 10. Approval of the following Community Support Contracts for FY2025: • a. Amber Alert Network Brazos Valley • b. Boys and Girls Club of Brazos Valley • c. Brazos County Historical Commission • d. Brazos Maternal and Child Health Clinic, Inc. • e. Brazos Valley Council of Governments - Indigent Health Care • f. Easter Seals Greater Houston • g. Health For All, Inc. • h. Junction Five-O-Five 11. Approval of Contract#24-119 for Polygraph Testing for Juvenile with Texas Polygraph Services. 12. Approval of CI P#24-648 End User Agreement and Equipment with Dedrone for Brazos County Sheriff's Office. 13. Approval of Renewal Contract#25-015R for Sex Offender Treatment Provider with Agustin Gutierrez, Jr. 14. Approval of Contract#25-022 for Copier Maintenance with Texas Document Solutions. 15. Approval of Renewal Contract#25-023R for Medical and Health Services with Joel Richards, D.O. "aka" Doc Healthcare, PA. 16. Approval of Renewal Bid #25-060R for Asphalts, Oils, and Emulsions with Ergon Asphalts and Cleveland Asphalts. 17. Request permission to enter private property owned by Mark and Mary Price at 4587 Cricket Pass (Nantucket Subdivision). County will clean and reshape creek to achieve proper drainage of roadway culvert. Site is located in Precinct 1. 18. Request approval of acceptance of the roads and roadway drainage structures in Reliance Ridge Subdivision into the Brazos County road maintenance system. Site is located in Precinct 2. 19. Consider and take action on the Bryan Texas Utilities (BTU) permit to install utility pole, guy wire and aerial electrical crossing within the right-of-way of Carrabba Road. Project will provide power to new industrial park. Site is located in Precinct 2. 20. Consider and take action on the Brazos WI Fl utility permit to construct road bore under Greenleaf Lane (Rustic Oaks Subdivision)to install fiber optic cable for internet service. Site is located in Precinct 2. 21. Consider and take action on the Brazos WI F I utility permit to construct road bore under Orange Cove (Shady Grove Subdivision)to install fiber optic cable for internet service. Site is located in Precinct 2. 22. Consider and take action on the Brazos WI F I utility permit to construct three (3) road bores under Peach Tree Drive (Shady Grove Subdivision)to install fiber optic cable for internet service. Sites are located in Precinct 2. 23. Consider and take action on the Brazos WI Fl utility permit to construct eight(8) road bores under Rustic Oaks Drive (Rustic Oaks Subdivision)to install fiber optic cable for internet service. Sites are located in Precinct 2. 24. Consider and take action on the Brazos WI Fl utility permit to construct eleven (11) road bores under Shady Lane (Shady Grove Subdivision)to install fiber optic cable for internet service. Sites are located in Precinct 2. 25. Consider and take action on the Brazos WI Fl utility permit to construct two (2) road bores under Twin Creek Circle (Rustic Oaks Subdivision)to install fiber optic cable for internet service. Sites are located in Precinct 2. 26. Consider and take action on the Frontier utility permit to construct road bores under Imperial Loop (2)and Calibration Court to install fiber optic cable for internet service. Sites are located in Precinct 4. 27. Budget Amendments. • FY 23/24 Budget Amendments 48.01 -48.07 28. Personnel Change of Status. • a.Approval of Personnel Change of Status (FY'24) • b.Approval of Personnel Change of Status (FY'25) 29. Payment of Claims. Approval of Payment of Claims: • a. 8205011 -8205200 • b. 9202237 -9202320 30. Convene into Executive Session pursuant to Texas Government Code §551.087 for deliberation regarding economic development negotiations. 31. Consider and possible action on Executive Session. 32. Acknowledgement of the 2023-2024 Budget to Actuals by Fund as of September 12, 2024. Acknowledgement of the 2023-2024 Contingency Budget to Actuals by Fund as of September 12, 2024. 33. Juvenile director's report on detention population. 34. Sheriff's report on inmate population. 35. Announcement of interest items and possible future agenda topics. 36. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters,both on and off the agenda,and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V,Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly,members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court;in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body,or any member or members of the Court,or County employees,individually or collectively.Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions: 1.cancellation of a speaker's time; 2.removal from the Commissioners Court; 3.a Contempt Citation;and/or 4.such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period,speakers may address matters not listed on the published agenda.The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public.To ensure the public has notice of all matters the Commissioners Court will consider,the County Judge and/or Commissioners may choose not to respond to public comments,except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda.See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court.The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the Brazos County Administration Building,200 S.Texas Avenue,Suite 106, Bryan,TX77803, THE PUBLIC MAY WATCH THE MEETING LIVE AT FACEBOOK.COM/BRAZOSCOUNTYTXis 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. r *: ¢'�o Y of $ The foregoing minutes of the Commissioners Court Meeting held September 17, 2024, have been examined and are approved in open Court this 1st day of October 2024, in Bryan, Brazos County, Texas. Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 �f 1� Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner, Precinct 3 Wanda J. Wats n Commissioner, recinct 4 Attest: Karen McQueen County Clerk OF MINUTES SEPTEMBER 17, 2024 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 17, 2024 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1, present via video-conference; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4, Karen McQueen, County Clerk,Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • Invocation-Commissioner Berry • Pledge to the United States Flag - Dr. Leonora Owre • Pledge to the Texas Flag - Dr. Jane Cohen The Pledge of Allegiance to the U.S. Flag was led by La Vilita Chapter National Society DAR member Dr. Leonora Owre and the Pledge of Allegiance to the Texas Flag was led by Dr. Jane Cohen. 2. Call for Citizen input and/or concerns Cathie Viens expressed concern about emergency plans for Election Day, should the County lose power or Internet service. She then requested that the Court consider inviting Dr. Daugherity to perform a review of the election equipment.Additionally, Ms. Viens questioned why certain financial reports were not readily available on the County website. Cynde Wiley shared her disapproval regarding the adoption of the Fiscal Year 2025 Budget and the County's Election Administration. Ms. Wiley then requested that the Court address an incident that she says occurred at the 2024 Fiestas Patrias Parade and Festival. 3. Presentations and/or Discussions • Presentation of Certificate by Chadd Caperton, County Extension Agent AG & Natural Resources, Texas A&M AgriLife Extension Service, Brazos County to Commissioner Chuck Konderla on successfully completing Commissioners Court Leadership Academy-Session 3. Chadd Caperton, County Extension Agent, introduced Brock Sanford the newly appointed Galveston County Extension Agent. Mr. Sanford presented the Certificate to Commissioner Konderla and congratulated him on completing Sessions 3 and 4 of Commissioners Court Leadership Academy. The Court also congratulated Commissioner Konderla. Consider and take action on agenda items: 4 -31 4. Proclamation 24-019 proclaiming September 17-23, 2024 as Constitution Week. Diane Breeding shared her excitement about Constitution Week and gave a brief history of the signing of the Constitution. She then expressed concern regarding removing non- citizens from the voter roll. The County Judge read aloud Proclamation 24-019 proclaiming September 17-23, 2024 as Constitution Week. Dr. Leonora Owre thanked the Court and stated lost rights can not be regained, it is important to protect freedom. 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. 5. Approval of appointment of Lewis Clinkscales to the Brazos County Emergency Service District(ES D)#3 for the unexpired term of Bill Milberger ending December 31,2024. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 6. Consider and take possible action on a County Bum Ban. Deputy Emergency Management Coordinator, Jason Ware reported that Emergency Management is continuing to monitor the drought conditions throughout the County. Mr. Ware stated that the average drought index is at 633, a slight increase over the last 7 days. However,the fire danger is currently a 2 out of 5 indicating, the majority of the County is in good shape. The recommendation of 3 out of the 4 fire chiefs is to continue to monitor the drought index over the next week. Commissioner Berry suggested that the Court adhere to the recommendation to continue monitoring and reevaluate next week. Judge Peters announced no action would be taken on the Bum Ban. 7. Approval requested for the County Judge to sign as the CEO for the FY 24 CEO/LEO Certification and Assurances form for the Specialty Court- Drug Court Grant. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 8. Approval of the following Job Descriptions: • a. Budget Office- B0328- Budget Analyst • b. Constable 2 - B1618-Chief Deputy • c. Constable 2- B1617- Deputy • d. County Court at Law#1 &#2 - B0922 - Probate & Guardianship Investigator • e. Forensic Services-B3005 -Administrative Manager • f. Forensic Services-B3001 - Director of Forensic Services • g. Information Technology- B 1231 - Network Technician • h. Information Technology- B1232- Network Technician II • i. Juvenile Services- Detention- B2804- Lead Juvenile Supervision Officer • j. Public Defender's Office- B0135- Receptionist 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. 9. Approval of the Amended Community Supervision and Corrections Department Interlocal Cooperation Contract for Fiscal Year 2025. A copy of the amended I nterlocal Cooperation Contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 10. Approval of the following Community Support Contracts for FY 2025: • a. Amber Alert Network Brazos Valley • b. Boys and Girls Club of Brazos Valley • c. Brazos County Historical Commission • d. Brazos Maternal and Child Health Clinic, Inc. • e. Brazos Valley Council of Governments - Indigent Health Care • f. Easter Seals Greater Houston • g. Health For All, Inc. • h. Junction Five-O-Five A copy of the Community Support Contracts is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed.4-0. Ayes:Aldrich, Konderla, Peters, Watson. Abstain: Berry. 11. Approval of Contract#24-119 for Polygraph Testing for Juvenile with Texas Polygraph Services. 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. 12. Approval of CI P#24-648 End User Agreement and Equipment with Dedrone for Brazos County Sheriff's Office. Dr. David Breeding stated that upon citizen request, he was asked to analyze the agreement and provide feedback. He then posed his questions and concerns pursuant to his analysis,to the Court. Purchasing Agent Charles Wendt clarified the intent of the agreement and General Counsel Bruce Erratt provided additional information explaining that this will increase security measures at the Jail.A copy of the service contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 13. Approval of Renewal Contract#25-015R for Sex Offender Treatment Provider with Agustin Gutierrez, Jr. A copy of the renewal of contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 14. Approval of Contract#25-022 for Copier Maintenance with Texas Document Solutions. 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. 15. Approval of Renewal Contract#25-023R for Medical and Health Services with Joel Richards, D.O. "aka" Doc Healthcare, PA. A copy of the renewal of contract and is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 16. Approval of Renewal Bid#25-060R for Asphalts, Oils, and Emulsions with Ergon Asphalts and Cleveland Asphalts. 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. 17. Request permission to enter private property owned by Mark and Mary Price at 4587 Cricket Pass (Nantucket Subdivision). County will clean and reshape creek to achieve proper drainage of roadway culvert. 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. 18. Request approval of acceptance of the roads and roadway drainage structures in Reliance Ridge Subdivision into the Brazos County road maintenance system. 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. 19. Consider and take action on the Bryan Texas Utilities (BTU) permit to install utility pole, guy wire and aerial electrical crossing within the right-of-way of Carrabba Road. Project will provide power to new industrial park. 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. 20. Consider and take action on the Brazos WI FI utility permit to construct road bore under Greenleaf Lane (Rustic Oaks Subdivision)to install fiber optic cable for intemet service. 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. 21. Consider and take action on the Brazos WI Fl utility permit to construct road bore under Orange Cove (Shady Grove Subdivision)to install fiber optic cable for intemet service. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 22. Consider and take action on the Brazos W I FI utility permit to construct three (3) road bores under Peach Tree Drive (Shady Grove Subdivision)to install fiber optic cable for internet service. Sites are 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. 23. Consider and take action on the Brazos WI Fl utility permit to construct eight(8) road bores under Rustic Oaks Drive (Rustic Oaks Subdivision)to install fiber optic cable for internet service. Sites are 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. 24. Consider and take action on the Brazos WI Fl utility permit to construct eleven (11) road bores under Shady Lane (Shady Grove Subdivision)to install fiber optic cable for internet service. Sites are 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. 25. Consider and take action on the Brazos WI F I utility permit to construct two (2) road bores under Twin Creek Circle (Rustic Oaks Subdivision)to install fiber optic cable for internet service. Sites are 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 Frontier utility permit to construct road bores under Imperial Loop (2)and Calibration Court to install fiber optic cable for internet service. Sites are located in Precinct 4. Motion:Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 27. Budget Amendments. • FY 23/24 Budget Amendments 48.01 -48.07 Cathie Viens asked for clarification on amendment 48.04.Auditor Katie Conner explained the statutes and procedures that govern the collection and use of those specific Hotel Occupancy Tax funds. Judge Peters further clarified the County's role in the matter. 48.01 Transfer funds from Information Technology to District Clerk. 48.02 Transfer funds from Information Technology to Juvenile. 48.03 Reallocate funds for Exposition Complex. 48.04 To recognize revenue for the Hotel Occupancy Tax Fund. 48.05 To recognize revenue for the Sheriff's Office -Administration. 48.06 Reallocate funds for Sheriff's Office- Rural Law Enforcement Grant Program. 48.07 Transfer funds from Contingency to 272nd District Court. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 28. Personnel Change of Status. • a.Approval of Personnel Change of Status (FY'24) • b.Approval of Personnel Change of Status (FY'25) 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. 29. Payment of Claims. Approval of Payment of Claims: • a. 8205011 -8205200 • b. 9202237-9202320 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 30. Convene into Executive Session pursuant to Texas Government Code §551.087 for deliberation regarding economic development negotiations. At this point, the County Judge announced the Court would consider items 32 through 35 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:51 a.m.the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.087 as stated above. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Kimberly Roach, Intergovernmental Liaison Nina Payne, Budget Officer Katie Conner,Auditor Marci Turner, First Assistant Auditor 31. Consider and possible action on Executive Session. Commissioner Aldrich exited the video-conference at this time. At 11:41 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 32. Acknowledgement of the 2023-2024 Budget to Actuals by Fund as of September 12, 2024. Acknowledgement of the 2023-2024 Contingency Budget to Actuals by Fund as of September 12, 2024. The Court acknowledged receipt of the 2023-2024 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of September 12, 2024. , 33. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 35 juveniles in the detention center, 27 are male and 8 are female, and 24 have electronic monitors. 34. Sheriff's report on inmate population. Sheriff Wayne Dicky stated there were 802 inmates in jail, 669 inmates are male, 133 are female and 44 have electronic monitors. 35. Announcement of interest items and possible future agenda topics. Jim Stewart introduced the new Emergency Management Coordinator Shannon Covey. He explained the selection process and commented that he believes Ms. Covey is the best candidate for the job. Ms. Covey stated she is honored to be here and ready to get started. Judge Peters shared that he is happy to have her on board and the Court then welcomed Ms. Covey to Brazos County. Commissioner Konderla offered condolences to the Gutierrez family for the passing of Mayor Gutierrez' mother. Commissioner Berry announced that the groundbreaking for Unlimited Potential (UP)will be on Thursday, September 19, 2024. UP is a program that supports individuals that have aged out of the foster care system. 36. Adjourn. • TExAS A&M V.G.YOUNG INSTITUTE OF GRILIFE COUNTY GOVERNMENT EXTENSION CERTIFICATE OF COMPLETION THE Y.G. YOUNG INSTITUTE OF COUNTY GOVERNMENT AWARDS THIS CERTIFICATE TO Chuck FOR SUCCESSFULLY COMPLETING 15.00 HOURS OF EDUCATIONAL TRAINING DURING THE Commissioners Court Leadership Academy- Session 3 • Washington, DC -1 ,434.-- 444.4„A.L4 Peter J.Mt Cuill. Ph.D..Director en Cr0wn0ver,President Rick Avery. Ph.D..Director V.G.Young Institute oi`County Government Count) Iudl;es and Commissioners Association of Texas Texas AL'�M AgriLiI Extension Service May 11-17,2024. - _• PTE• OF�t - :*! 4*: f oG ti0• /Vel‘&71a*, 4 Constitution Week WHEREAS September 17,2024 marks the two hundred thirty seventh anniversary of the drafting of the Constitution for the United States of America by the Constitutional Convention; and WHEREAS It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary, and to the patriotic celebrations which will commemorate the occasion; and WHEREAS Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17-23,2024 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED that the Brazos County Commissioners Court does hereby proclaim the week of September 17-23,2024 as Constitution Week AND urges our citizens to reaffirm the ideals which the Framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained,and to express gratitude for the privilege of being an American in a Republic which functions under the oldest Constitution still in active use today. PROCLAIMED this day o ptembe 24. Duane Peters,County Judge . 84"ed" Steve Aldrich Chuck Konderla ' P County Commissioner,Precinct 1 Co my Commissioner,Precinct 2 5tAutrut__ Nancy Berry Wanda J.Watso County Commissioner,Precinct 3 County Commiss ner,Precinct 4 'u f'. tip . . .rroF $g'� '. BRAZOS COUNTY BRYAN, TEXAS APPOINTMENT The Commissioners Court of Brazos County does hereby approve,the appointment of Lewis Clinkscales to the Brazos County Emergency Service District #3 Unexpired term ending December 31,2024. I ii Duane Peters Date County Judge �. S Op t+ m 's Office of the Governor * Public Safety Office—CEO/Law Enforcement Certifications and Assurances Form pER1l'34 Entity Name:Brazos County Date:09/04/2024 Agency/Department Name: Brazos County Sheriff's Office Name of Chief Executive Officer:Honorable Duane Peters.Brazos County Judge Name of Head of Law Enforcement Agency:Wayne Dicky, Brazos County Sheriff Certification Required by CEO and Head of Law Enforcement Agency In our respective capacities as chief executive officer of Brazos County ("Grantee") and as head of Brazos County Sheriffs Office ("Agency"),we hereby each certify that Grantee and Agency participate fully,and will continue to participate fully from the date of this certification until the later of August 31,2024 or the end of the grant project period, in all aspects of the programs and procedures utilized by the U.S.Department of Homeland Security("DHS")to:(1)notify DHS of all information requested by DHS related to illegal aliens in Agency's custody;and(2)detain such illegal aliens in accordance with requests by DHS. We further certify that Grantee and Agency do not have,and will continue not to have until the later of August 31,2024 or the end of the grant project period,any policy,procedure,or agreement(written or unwritten)that in any way limits or impedes Agency's receipt or DHS's issuance of detainer requests,or in any way limits or restricts Grantee's and Agency's full participation in all aspects of the programs and procedures utilized by DHS to:(1)notify DHS of all information requested by DHS related to illegal aliens in Agency's custody;and(2)detain such illegal aliens in accordance with requests by DHS. Additionally,we certify that neither Grantee nor Agency have in effect,purport to have in effect, or are subject to or bound by any law,rule,policy,or practice(written or unwritten)that would: (1)require or authorize the public disclosure of federal law enforcement information in order to conceal,harbor,or shield from detection fugitives from justice or aliens illegally in the United States;or(2)impede federal officers from exercising authority under 8 U.S.C.§ 1226(a), § 1226(c),§ 1231(a),§ 1357(a),§ 1366(1),.or§ 1366(3). Lastly,we certify that Grantee and Agency will comply with all provisions,policies,and penalties found in Chapter 752,Subchapter C of the Texas Government Code. We acknowledge that failure to comply with this certification may result in OOG,in its sole discretion,terminating any grant made by COG to Grantee,and that Grantee must return all funds received from OOG for any grant terminated under this certification.We further acknowledge that rantee '11 remain ineligible for OOG funding until it provides satisfactory that the jt 'sdiction s mplied with this certification for t least one year. ai. . iaL..4 Signatur Signature " Chief Executive Officer for Grantee Head of Agency U"�: Brazos County Template Revision 1,2 06f152012 � , Job Description �• Last Updated: Septerr ber 2024 Class Number: B0328 Title: . Budget Analyst I Pay Group: 80328 Department: Budget Office FLSA Status: Non-Exempt Reports To: Budget Officer Approved Date: 09/17/2024 EEOC Category: Professionals General Summary: Under the direction of the Budget Officer,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. APP' tl iII t Other Duties as assigned. ____' 11.14-9.--if Supervision i Petters Received: Under the direction of the Budget Officer Date 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 Years of accounting,auditing,finance,or budget preparation and analysis,and data trends reporting Preferred: 5 Years of accounting,auditing,finance,or budget preparation and analysis,and data trends reporting Certificates, Licenses, Registrations Required: None Preferred: Physical Demands . Typical: Work requires sustained posture in a seated position,attentiveness to computer use,and occasional lifting. Knowledge, Skills, & Abilities Typical: Knowledge of accounting,budgetary,and management principles,practices,and procedures of forecasting methodologies;and of data trends and reporting. Ability to analyze fiscal management information to determine appropriate use of funds,to perform statistical analyses,to identify and develop budgetary reports and schedules,to analyze management problems and develop and present solutions,to communicate effectively and to provide guidance to others. Proficient in Excel,Word,strong verbal and writing communication skills.Perform financial research&administrative duties with minimal supervision. 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 must frequently perform multiple tasks simultaneously,change tasks,perform tedious exacting work,and work closely with others as part of a team. f+- .'. Brazos County Template Revision 1.208H5l2012 n$4, i.,/y:: Job Description ry ,.: Last Updated: September 2024 Class Number: B1618 Title: Chief Deputy Constable, Pct.2 Pa Group: Chief Deputy- Department: Constable 2 Y Constable FLSA Status: Non-Exempt Reports To: Constable Approved Date: 09/17/2024 EEOC Category: Protective Service Workers General Summary: To assist the Constable in planning,organizing,and directing departmental activities,including managing the department in the Constable's absence. Essential Duties: This is a responsible managerial position.Duties include management assistance to the Constable,managing the department in the Constable's absence;and performing as a law enforcement officer. Examples of work:Assists county Constable in planning the work and schedules of the department,preparing budgets and records, and directing departmental activities; Manages the department in the Constable's absence; Supervises the work of the department's clerical support staff;Assists other law enforcement agencies in investigating cases; Conducts or supervises the conducting of investigations of criminal and civil cases; May give talks and briefings to community groups or public-school classes; And Works closely with other law enforcement and government agencies. APPROVE' Other Duties as assigned. --- y l t ri—t Supervision Dunne Peters Date Received:J Constable County Judge Given: All Deputy Constables and Clerks. 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: i Experience Required: Minimum three years of experience in a related field required:or an equivalent combination of education and related experience,Certification as a Peace Officer I the State of Texas required,Possession of a valid driver's license,and prior experience as a Deputy Constable. Preferred: At least five years'experience as a law enforcement officer in the State of Texas plus at least intermediate certification by the Texas Commission on Law Enforcement Officer Standards and Education and high school graduation or its equivalent;OR Any equivalent combination of experience and training which provides the required knowledge,skills,and abilities and satisfies state statutes. Certificates, Licenses, Registrations Required: At least intermediate certification by the Texas Commission on Law Enforcement Officer Standards and Education;and Valid Texas motor vehicle operator'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 sit;use hands to manipulate,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 may occasionally be called upon to perform acts of intense physical exertion during emergency situations. Knowledge, Skills, & Abilities Typical: Thorough knowledge of police administration,criminal and civil law,investigation and crime prevention methods,and identification records and procedures;ability to apply investigation techniques;supervisory skills; ability to establish and maintain effective working relationships with all departmental employees,other law enforcement officials,and with the general public;and above average speaking and writing abilities. 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.While performing the essential duties of this job, the employee is frequently required to work under time pressures to meet deadlines,perform multiple tasks simultaneously,and work closely with others a part of a team. The noise level in the work environment is usually moderate but may be noisy and distracting. The employee may be exposed to extreme weather conditions. _.' pS t Op•. ,.ice �y1 r Brazos County Template Revision 1.2 08/15/2012 Job Description Last Updated: September 2024 Y Class Number: B1617 Title: Deputy Constable, Pct. 2 Pay Group: Deputy-Constable Department: Constable 2 FLSA Status: Non-Exempt Reports To: Constable Approved Date: 09/17/2024 EEOC Category: Protective Service Workers General Summary: - Each Deputy Constable is an authorized Texas Peace Officer. The Deputy Constable duties involve serving criminal and civil papers primarily on behalf of Justice of Peace Courts;Including following all applicable rules and regulations;also performs bailiff duties;and assists other local,state, and federal agencies. Essential Duties: Receives and processes civil papers,including time and date stamping,entering information into the computer system,verifying name and address information,and preparing and stuffing envelope for delivery; Logs all civil papers,including delivery information and related fees; Serves civil papers,including child support papers and warrants,truancy papers,small claims papers,and other civil papers and warrants; Follows time restriction guidelines for the service of certain papers,as well as other rules and regulations pertaining to paper service;Attempts to contact by telephone persons to whom papers are to be served to facilitate the process; Responds to various calls and enforces state and federal laws; Performs various paperwork duties,including filing,and making and distributing copies of papers to attorneys and other court personnel; Performs bailiff duties for Justice of the Peace courts,including maintaining courtroom security,assisting jurors,and obtaining files;Performs criminal visibility patrol of county; Serves all outstanding warrants(local,state,and federal); Assist other county law enforcement personnel in emergency situations; PPRO May perform arrests;and Transports inmates to jail and to and from court. Lai+ Other Duties as assigned. Duane-Peters Date County Iudge Supervision Received: From Constable Given: This is a non-supervisory position. However,may assist with supervision of reserve deputies. Education Required: High school graduation or its equivalent and must have completed a state-recognized basic peace officer's academy for licensing. Preferred: Experience Required: Four years of service as a peace officer Preferred: Certificates, Licenses, Registrations Required: `Valid Texas motor vehicle operator's license;Active TCOLE(Texas Commission on Law Enforcement) certification as a Peace Officer AND an Intermediate(or higher)Peace Officer's Certification. Preferred: Completed education necessary for Court Security Specialist Certification. 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 manipulate or feel;reach with hands and arms;bend and kneel;and talk and hear.The employee frequently is required to stand and walk.The incumbent must be able to run,bend,stoop,climb,crawl,ascend and descend of stairs,both inside and outside without limitations or accommodations.The employee must operate a police vehicle under varying conditions of speed,weather, and road conditions,and operate all associated equipment in the vehicle,(radio,lights,siren,public address system,computer,RADAR,and others).The employee may occasionally be called upon to perform acts of intense physical exertion during emergency situations. Knowledge, Skills, & Abilities Typical: Criminal and civil law;rules and regulations pertaining to the service of civil papers and warrants;and Identification records processes and procedures.Safely operate vehicles,firearms,and specialized equipment; read and write reports,letters,and memos;operate a computer,establish and maintain effective working relationships with other law enforcement agencies,the District and County Attorneys'offices,other ' departmental employees,and the general public;demonstrate proficiency in both oral and written communication;provide testimony in criminal and civil court;and maintain appropriate necessary certifications and Texas driver's license applicable to job responsibilities. 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.While performing the essential duties of this job, the employee is frequently required to work under time pressures to meet deadlines,perform multiple tasks simultaneously,and work closely with others a part of a team. The noise level in the work environment is usually moderate but may be noisy and distracting.The employee may be exposed to extreme weather conditions. '•;,jh o.••.. ram. Template Revision 1,2 OBl152o12 1:•,1- 'R " '4n: Brazos County , , �� Job Description ' "` Last Updated: September 2024 OF Class Number: B0922 Title: Probate &Guardianship Investigator Pay Group: 16 Department: County Court at Law#1 and#2 FLSA Status: Non-Exempt Reports To: County Court at Law Judges Approved Date: 09/17/2024 EEOC Category: Office and Clerical General Summary: investigate the circumstances surrounding a new guardianship referral to the court.Work with other community resources to assist people under guardianship have the best quality of life possible. Work to ensure compliance with all statutory requirements in guardianship cases. Perform annual home visits with all people under guardianship.Assist the Courts with probate cases as requested by the judges or the guardianship and probate attorney. Work with other office staff to ensure the most efficient use of Court's time. Essential Duties: Provides assistance to the public,including directing people to the appropriate offices; Responds to routine inquiries about guardianship and probate cases; Investigate the circumstances of new guardianship filings. Review actions by other agencies and investigate the need for further action by the courts. Provide written reports of investigations to the guardianship attorney and judge. Refer individuals to other agencies for assistance as needed. Conduct annual home visits in all guardianship cases. Assist in addressing compliance issues. Coordinate with the Guardianship Administrative Assistants to ensure cases are in compliance. Coordinate with guardianship attorney, EMS,healthcare agencies and APS to ensure individuals who have been identified as part of a vulnerable population are receiving the necessary assistance. Assist the Court in complex probate cases. / 2:=:. Review probate files as needed by the judges. PRd qi-tal a-`t Other Duties as assigned. t)uane I'Etter% Date Supervision County-Judge Received: County Court at Law Judges Given: This is a non-supervisory position;however,the job does provide direction to the 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: Working knowledge of Odyssey.Bachelor's degree in social work or comparable field. Experience Required: Preferred: At least two years of experience. Certificates, Licenses, Registrations Required: None. 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 sit;use hands to finger, handle,or feel;reach with hands and arms;bend and kneel;and talk and hear.The employee frequently is required to stand and walk.The employee must frequently lift and/or move objects weighing up to 20 pounds,such as books and stacks of records. Specific vision abilities required by this job include close vision,distance vision,peripheral vision,color vision,and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Legal terminology;standard office practices and procedures;and personal computers;court rules, procedures,and regulations.Operate computers,including word processing and spreadsheet software;type accurately; perform basic mathematical calculations; understand and follow instructions;write letters and memos;operate standard office equipment,such as copy machine and facsimile machine;communicate effectively,both orally and in writing;and maintain effective working relationships with co-workers,judges,attorneys and the general public. Sending and responding to numerous emails daily. Ability to a-file documents. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is usually moderate.The employee is constantly required to work closely with others as a part of a team to perform tedious,exacting work,and to work under time pressures to meet deadlines. The employee is frequently required to perform multiple tasks simultaneously,and to switch from one task to another. r: Brazos County Template Revision 1.2 OW15/2012 ';, i'/ I-4'02i Job Description °!'3r'-f �s Last Updated: September 2024 Class Number: B3005 t Title: Administrative Manager ' Pay Group: B3005 Department: Forensic Services FLSA Status: Non-Exempt Reports To: Director of Forensic Services I Approved Date: 09/17/2024 EEOC Category: j Officials and Managers —j General Summary: Manages department budget,payroll,schedules,and inventory;Oversees daily operations;Assists with personnel hiring,training, and disciplinary issues;Receiving/releasing bodies to funeral homes and other morgue duties as necessary such as assisting death investigations and technical aspects of autopsies. -----Essential Duties: �----- — - — Oversees daily operations of department;Creates agenda items;Assists with developingfimplementing SOP for office, including safety practices and assist with accreditation by NAME in future;Investigates and resolves matters of significance on behalf od Director;Reports all maintenance issues and coordinates repair as needed,as well as routine annual maintenance;Oversees storage of property and evidence.to ensure proper release/destruction; Provides statistics to regulatory agencies;Communicates with families,funeral homes and law enforcement as needed for cases;Transcribes and assists with review of final autopsy reports; Data entry for cases;Ats as site Radiation Safety Officer for X-ray equipment and adheres to State Inspects as required;Coordinate intemships/tours with college students,hospitals,EMS and another agencies;Reviews and processes all open records requests; Coordinates meetings for pathologists with attorneys or other officials;Coordinates ancillary tests for cases as needed. Records and balances department budget;Assists with yearly budget presentations;Assists with yearly budget presentations;Maintains inventory;Processes all accounts payable/receivable;Assists Purchasing with vendor contracts;Processes and enters payroll; Provides financial reports for Treasurer/Auditor. Supervises/evaluates staff to ensure that work is performed according to SOP; Assists Director with interviewing and reviewing applications for new hires,as well as training;Creates and submits PDQ's and PCR's;Approves time off requests for forensic techs and investigators; Enforces disciplinary actions;Creates on-call schedule for techs and investigators; Records and reports worker's comfinjury reports to Risk Management for all staff;Coordinates staff training to maintain verifications for positions;processes travel reimbursements for all approved training. Assists pathologists will all aspects of autopsy when needed/on-call,including evidence collection and prepares specimens needed for testing;Asist with death investigations as needed;Ensure that the decedent is released to proper next-of-kin as defined by Texas law. Other Duties as assigned. Supervision -- �_ - — APPRO - — — — -- I Received: —----— ' Given: Forensic Lab Technicians and Death Investigators t I rl 1 01-tf Education — -- uane-Peters -Date Required: I High School Diploma or GED County Judge , Preferred: --- - - --1 Experience ----- - ---- - - -- ..- Required: 10 or more years of experience of supervisory experience in a medical setting 1 Preferred: --- ---------- - ------ - Certificates, Licenses, Registrations Required: Must successfully pass all accreditationlcertifications and background investigations as required. Preferred: Physical Demands Typical: Sitting,standing,walking,stooping,climbing,kneeling and reaching. Pushing/pulling heavy weights and standing for extended periods will be necessary periodically Knowledge, Skills, & Abilities Typical: General knowledge of office related products,such as typewriter,calculator,copy machines,computer operations with intermediate to advanced work process,spreadsheet,and/or other type of software experience and intermediate to advanced with data entry and retrieval,etc. Must have intermediate or advanced level knowledge in the operations of MDi Log case management system,transcription pedal,phone, copy/scan/fax/print machine,X-Ray mobile unit/digital processor,digital camera,oscillating saw,centrifuge, surgical tools(forceps,scalpels,scissors) Must have considerable working knowledge of medical protocol terminology,forensic science,forensic pathology,and pharmacology. Must have knowledge of investigative principals,practices and techniques used in rnedicolegal death investigations. Must have knowledge of budge preparation/fiscal management,including experience with the county finance system/guidelines. Must have knowledge of health and safety standards and regulations pertaining to autopsy facilities. Must establish and maintain effective working relationships with co-workers,employees of county and other governmental entities,outside agencies,news media,family members,and the general public. Work Environment Typical: Work location is typically a comfortable indoor office area and a laboratory environment with regular exposure to mild physical discomforts such as dust,fumes and potentially offensive odors,along with the possibility of temperature extremes,oud noises,strong drafts and bright lights.There is also frequent exposure to blood/body fluids or potentially infectious material.surgical cutting,occasional exposure to flammable,toxic or other hazardous material and radiation. • • J�� Brazos County Template Revision 1.2 081152012 'r _r • ,,F Job Description '•'�Ts�' ;`:`• Last Updated: September 2024 Class Number: B3001 Title: Director of Forensic Services I Pay Group: B3001 Department: ! Forensic Services - ELSA Status: Exempt Reports To: Commissioners Court Approved Date: ! 09/17/2024 EEOC Category: Professionals General Summary: Responsible for directing all operations of the Forensic Services department;directs morgue and forensic services personnel; performs postmortem examinations and autopsies;testifies in court proceedings;signs official documents;and performs related duties as required. Essential Duties: Performs or directs all postmortem examinations,laboratory analyses,and cause of death determination as directed by the Precinct Justices of the Peace;Directs all forensic services department personnel,including the assistant services director,forensic services assistants,and administrative staff; Prepares or directs reports of findings of postmortem examinations,including autopsies; Provides information to law enforcement agencies,attorneys,judges,other medical professional,relatives of the deceased,news media,the District Attorney's Office,and the general public;testifies,in local,state,and federal court proceedings as an expert medical witness;performs related duties as required. Other Duties as assigned. C:11) Supervision --— — — Received: Commissioners Court ti[Z tg'"r Duane-Peters--= -Date �! Given: County Judge Education Required: Graduate of an accredited medical college or university with Doctor of Medicine Degree. Preferred: Experience ! Required: 10 years or more experience as a Forensic Pathologist with comprehensive knowledge of postmortem external examinations, autopsies, medical/dental examination, identification procedures,trauma origin, natural diseases,toxicology,serology, DNA analysis,and photography. Must have knowledge of budget preparation and administration and skill in extracting appropriate tissue and organ samples for analysis;presenting medical findings in court proceedings;supervising medical personnel; communicating effectively with hostile, abusive, or irrational individuals; and establishing and maintaining effective working relationship with subordinates, co-workers, employees of this County and other governmental entities, law enforcement, Department Heads, Elected Officials,news media,and the general public. Preferred: Certificates, Licenses, f Registrations Required: Must be licensed to practice medicine in the State of Texas,American Board of Pathology certification in Anatomic and Forensic Pathology;valid Texas driver's license. Must successfully pass all accreditation/certifications and background investigations as required. - I Preferred: I Physical Demands Typical: Knowledge, Skills, & Abilities Typical: Skill and Knowledge in extracting appropriate blood,tissue,and organ samples for analysis;ability to operate autopsy equipment medical instruments,microscope,camera,bone saw,Dictaphone, personal computer,and basic office equipment. Work Environment Typical: Usually in a comfortable environment but with regular exposure to factors causing moderate physical discomfort from such things as dust,fumes,or odors. Requires sitting standing,walking stooping,climbing kneeling reaching,lifting,carrying,pushing,and pulling of up to 250 pounds. There is also frequent exposure to blood/body fluids or potentially infectious material or other hazardous material. APPROVE' S3 . r Brazos County Template Revision 1.209rt5r2012 .IWi, ity Job Descriptionili ,. �' ,, Last Updated: September 2024 Duane Peters : p Date:-.foFa� County Judge Class Number: B1231 Title: Network Technician I Pay Group: 17 Department: Information Technology FLSA Status: Non-Exempt Reports To: Services Manager Approved Date: 09/17/2024 EEOC Category: Technicians General Summary: Installs and configures computer hardware and software;troubleshoots problems,including running diagnostics test,and taking appropriate corrective action;and provides software and hardware training as required. Essential Duties: Configures,installs,and documents computer hardware and software,including PCs,printers,memory,and hard drives Troubleshoots problems with county hardware,software,and computer network,including running diagnostics tests,using testing equipment,and taking appropriate corrective action. Provides support to county employees over the network,phone,and at their desks throughout the county. Will travel to remote county offices when required. Assists in administering network-wide software such as Active Directory and DHCP. Develops hardware imaging and software deployment and removal scripts. Documents changes,requests,and installations using the ticket tracking software ServiceNow,and updates existing,or creates new documentation where appropriate. Determines parts that need to be ordered for computers and other computer-related equipment Assist with and cover after-hours calls for the IT Department on a rotational basis.Assist other IT divisions as may be necessary. Other Duties as assigned. Supervision Received: Services Manager Given: This is a non-supervisory position. Education Required: Two-year associate degree in Computer Science,Information Systems,or a related field Preferred: BA or BS in Computer Science,Comp Engr.,MIS,or related field. Experience Required: One year of computer-related experience or any equivalent combination of experience and education Preferred: Two years or more computer-related experience Certificates, Licenses, Registrations Required: Valid State of Texas Driver's License Preferred: MCDST,MCSA,MCSE,MOS,or CompTiAA+,CTT+,Network+,or Server+ 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 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. Knowledge, Skills, & Abilities Typical: Must be able to maintain effective working relationships and exceptional customer service with county employees. 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 but may be noisy or distracting.The employee is required to perform multiple tasks simultaneously and to perform tedious and exacting work.The employee may be required to work closely with others as part of a team or perform required job functions remotely,to work under time pressures to meet deadlines,and to work in emergency situations. APPROVED •,.i��r.. 1,7 �.7empiate Revision 1.2 OBH512012 : k - E�,: Brazos County LTL ' Job Description .r .: Doane Peters Date ' o . 4,: Last Updated: September 2024 County Judge A. Class•Number: . B1232 Title: Network Technician II Pay Group: 19 Department: Information Technology FLSA Status: Non-Exempt Reports To: Services Manager Approved Date: 09/17/2024 EEOC Category: Technicians General Summary: Installs and configures computer hardware and software;troubleshoots problems,including running diagnostics test,and taking appropriate corrective action;and provides software and hardware training as required. Essential Duties: Configures,installs,and documents computer hardware and software,including PCs,printers,memory,and hard drives Troubleshoots problems with county hardware,software,and computer network,including running diagnostics tests,using testing equipment,and taking appropriate corrective action. Provides support to county employees over the network,phone,and at their desks throughout the county. Will travel to remote county offices when required. Assists in administering network-wide software such as Active Directory and DHCP. Develops hardware imaging and software deployment and removal scripts. Documents changes,requests,and installations using the ticket tracking software ServiceNow,and updates existing,or creates new documentation where appropriate. Determines parts that need to be ordered for computers and other computer-related equipment. Serves as a first stop for troubleshooting support to the other Network Technicians and PC Specialist. Serves as the primary trainer for the other Network Technicians and PC Specialist positions. May be asked to serve in other departmental or county projects/initiatives to represent the Network Technician role and perspective. Assist with and cover after-hours call for the IT Department on a rotational basis.Assist other IT divisions as may be necessary. Other Duties as assigned. Supervision Received: Services Manager Given: This is a non-supervisory position.In the absence of the Manager may be asked to organize task assignments for other technicians as a first among peers. Education Required: Two-year Associate's Degree In Computer Science,Information Systems,or related field,or any equivalent combination of education and experience which provides the required knowledge,skills,and abilities. Preferred: BA or BS in Computer Science,Comp Engr.,MIS or related field. • Experience Required: Four years of computer-related experience or any equivalent combination of experience and education. Preferred: Six years or more computer-related experience or any equivalent combination of experience and education. Two or more years experience at Brazos County IT. Certificates, Licenses, Registrations Required: Valid State of Texas Drivers License,CompTIA A+,Network+ 1 Preferred: MCDST,MCSA,MCSE,MOS.CTT+,or Server+ • 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 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.Employee will occasionally drive County owned or leased vehicles to offsite locations. Knowledge, Skills, & Abilities Typical: Must be able to maintain effective working relationships and exceptional customer service with county employees. 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 but may be noisy or distracting.The employee is required to perform multiple tasks simultaneously and to perform tedious and exacting work.The employee may be required to work closely with others as part of a team or perform required job functions remotely,to work under time pressures to meet deadlines,and to work in emergency situations. /4, t4._,: 1,. 4.;\ } Brazos County Template Revision 1.2 0611512012 •c' '�` Ar `;%'to! Job Description -::TC �y• Last Updated: September 2024 Or ,• Class Number: B2804 Title: Lead Juvenile Supervision Officer Pay Group: 18 Department: Juvenile Services—Detention FLSA Status: Non-Exempt Reports To: Detention Manager Approved Date: 09/17/2024 EEOC Category: Protective Service Worker General Summary: Maintains care,custody,and control of juveniles in custody at the Juvenile Detention Facility. Participates in planning of programs and objectives for own work group. Provide support and guidance to Juvenile Supervision Officers. 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 a safe living environment for residents.Transports residents within and outside the facility as needed. Provide assistance to the intake officer and conduct intake procedures for incoming residents.Coordinate recreation and programming of residents in accordance with procedures. Restrain residents when required. Maintain 80 hours biannually of approved training to maintain JSO certification.Must maintain own training hours and have personal knowledge as to the dates certification(s)are to expire and is solely responsible for the upkeep of own certification status. Completes necessary paperwork. Assists in orientating newly employed officers and relief officers in all phases of detention duties.Manage students in the educational setting.Prepare and/or serve meals and maintain a clean kitchen as needed. Complete Meal Records and paperwork associated with the National School Lunch Program. Provide clean linens weekly. Provide clean clothes daily.Launder clothes and linens. Conduct door and perimeter checks; ensure key control, conduct accurate security count of utensils at mealtimes, monitor residents in their rooms by audio and visual checks in person,conduct room searches and perform pat-down and strip-searches. Ensure cleanliness and sanitation of facility. Assign, prepare for,and oversee resident chores. Physically and mechanically restrain juveniles when needed. 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. 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. — — -- _APPROVE Supervision Received: Detention Manager ).-- ' Given: Juvenile Supervision Officers 1i -iJ a Duane-Peters Date f Education County 7udte 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,and be able to meet criteria for certification as a 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 juvenile supervision officer through TJJD.Non-disqualifying criminal history/sex offender registration background check. 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 100 pounds;close vision,distance vision,ability to distinguish color,peripheral vision,depth perception and ability to adjust focus.Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Knowledge, Skills, & Abilities Typical: An understanding of human behavioral patterns and the ability to apply good judgment in dealing with troubled youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing.Must have physical ability to perform physical restraint techniques. Work Environment Typical: The noise level in the work environment is usually moderate. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously,to work under time pressures to. meet deadlines and to work closely with others as part of a team;the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic;serious hazard and infection from exposure to communicable disease;physical harm as the result of confrontation. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. ts ;� <▪ < Brazos County Template Revision 12 0811512012 -:4,../ ' Mc,: Job Description -''17.,▪ „r`- Last Updated: September 2024 Class Number: B0135 Title: 1 Receptionist Pay Group: 11 Department: Public Defender's Office FLSA Status: Non-Exempt ' Reports To: Chief Public Defender Approved Date: 09/17/2024 EEOC Category: Administrative Support General Summary: The Receptionist position provides support to the Public Defender Office,the public and other county departments to ensure effective,efficient and productive workflow. This position requires a significant amount of communication with the public.The Receptionist assists attorneys and office staff by coordinating with local courts and clients ensuring efficient and professional delivery of legal and holistic services. Essential Duties: The duties of a receptionist 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: • Client Reception and Communication:Serve as the first point of contact for clients,visitors,and callers,ensuring a professional and welcoming atmosphere. Answer,screen,and direct incoming phone calls,taking messages and providing information as needed. Schedule and confirm appointments for clients with attorneys and other staff members. • Public Communication:They are a point of contact for the public who may be requesting information about the PDO, applying for a court-appointed attorney,or about the court process in Brazos County. • Administrative Support:Assist with general administrative tasks such as filing,photocopying,and faxing documents. Manage incoming and outgoing mail,including sorting,distributing,and handling confidential materials appropriately. Maintain and update client records and office databases with accurate and timely information. • Coordination and Scheduling: Coordinate attorney schedules and meeting rooms to optimize time management and resource allocation. Assist in the Public Defender's Office and preparation of materials for meetings,hearings,and trials. Ensure all necessary paperwork and documentation are prepared and available for court dates and client meetings. • Information Management:Maintain an organized and efficient filing system for client files,legal documents,and office records. Ensure that all case-related information is readily accessible to attorneys and support staff when needed.Protect client confidentiality by adhering to legal and ethical standards in handling sensitive information. • Office Supply Management:Monitor and manage office supplies,ensuring that essential items are always in stock. Place orders for supplies and equipment as needed,and coordinate with vendors for maintenance and repairs.Maintain an inventory of office supplies and track usage to optimize procurement and reduce costs. These duties are crucial in supporting the work of public defenders and ensuring effective and efficient representation of clients. It's important to note that the specific responsibilities of a receptionist 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 Office Manager. Given: None. I APPROVED_— - Education - Required: High School diploma or GED Preferred: -a-trej Duane Peters —Date-Al -— —--County Judge Experience Required: I None. Preferred: Prior experience working in a law office or county office is preferred.Spanish language proficiency is preferred. '• Certificates, Licenses, Registrations Required: Valid driver's license required. Preferred: .Physical Demands Typical: Typical activities common to an office environment such as walking,sitting,use of computer equipment,creating and moving paper files,operating a copy machine,walking to and from court as needed. Some driving may be necessary. Knowledge, Skills, & Abilities Typical: Knowledge and experience with using computers and other office equipment,and software such as Microsoft Word,Excel,PowerPoint, Internet,and Outlook;ability to use a computer to conduct Internet research and produce legal documents and correspondence;general understanding of the use of electronic databases;effective communication skills in the contexts of telephone contacts, ability to establish and maintain effective working relationships;ability to demonstrate independent thinking and decision-making;and ability to plan and manage multiple tasks or courses of action simultaneously,and respond effectively to rapidly changing priorities. Work Environment Typical: The physical and environmental demands of this job are those typical to a general office environment. INTERLOCAL COOPERATION CONTRACT AMENDED 1. CONTRACTING PARTIES and AUTHORITY The Brazos County Community Supervision and Corrections Department(CSCD) and Brazos County(County) enter into this Interlocal Cooperation Contract (Contract)under the authority of the Texas Government Code Chapter 791 (the Interlocal Cooperation Act). County certifies that it has the authority to contract for the services agreed upon as granted in Texas Local Government Code Chapter 262 (County Purchasing Act). CSCD certifies that it has authority to perform the services contracted for by authority granted in Texas Government Code Chapter 76.008. 2. BACKGROUND and PURPOSE Due to reduced funding from the State of Texas for Specialty Courts,the County agrees to supplement the Specialty Court budget to fund Community Supervision Officers(CSO).The additional funding is supported by the benefits of continuing the Specialty Court Program which include,but are not limited to, enhanced public safety,reduced recidivism rates,reduced incarcerations, and increased productivity of Specialty Court participants. CSCD provides supervision officers to the Brazos County Specialty Court. 3. STATEMENT OF SERVICES TO BE PERFORMED CSCD will perform the following services. A. The CSCD will provide two supervision officers to the Brazos County Specialty Court(BCSC).The CSOs assigned to this program shall be approved by the presiding judge of the Specialty Court program. B. CSCD shall be solely responsible for the employment and management of the CSOs. The County will have no input into CSCD decisions with regard to management or work of CSCD personnel, although the work of the CSCD personnel assigned shall be exclusively Specialty Court Pr_owram duties. C. The assigned CSOs shall remain the employee of the CSCD and shall be eligible for all state benefits,incentives,merit increases, and promotions afforded to other CSCD officers and employees. D. The assigned CSO's salary shall be paid through the BCSC department budget and the CSOs will have caseloads that consist solely(100%)of Specialty Court participants and/or Specialty Court graduates. 4. CONTRACT AMOUNT and BASIS FOR CALCULATING COSTS The amount of this funding contract will not exceed One Hundred and Ninety-five Thousand Dollars and No Cents ($195,000.00). At the time of this contract the estimated amount of funding is One Hundred and Ninety Thousand Nine Hundred Fifty Dollars and No Cents($190,950.00).This amount is intended to cover the salary and benefit costs of the two CSCD Officers assigned to the Brazos County Specialty Court.The Contract funds will be paid through the BCSC budget. 5. PAYMENT FOR SERVICES CSCD will submit quarterly invoices to the County. County will remit payment to CSCD approximately 30 calendar days after County's receipt of the invoice. County will only make quarterly payments for amounts actually paid to the CSCD employees assigned to the Specialty Court. 6. TERM OF CONTRACT and AMENDMENTS This Contract is effective on October 1,2024.The Contract will terminate on September 30,2025,or upon written request of either party with 30 calendar days' written notice whichever occurs earlier.This Contract may only be amended or extended by mutual written agreement of the parties. 7. NOTICE Notice given under the terms of this contract shall be sent to the following: Brazos County Community Supervision and Corrections Department Jennifer Goerig,CSCD Director 321 E. 26th Street,Suite 300 Bryan,Texas 77803 Email: i aoeria(brazoscountvtx.aov. Phone: 979-361-4429 Brazos County Duane Peters,County Judge 200 S.Texas Avenue, Suite 332,Bryan,TX 77803 Email: dpetersnabrazoscountytx.eov Phone: 979-361-4101 Either party may change its information in this section by giving the other party written notice and the date upon which the change will become effective. 8.CERTIFICATIONS The Parties certify that(1)the Contract is authorized by the governing body of each party;(2)the purpose,terms,rights, and duties of the Parties are stated within the Contract; and(3)each party will make payments for the performance of governmental functions or services from current revenues available to the paying party- The undersigned signatories have full authority to enter into this Contract on behalf of the respective Parties. çCoNTY CSCD Duane Peters Jennifer Goerig County Judge CSCD Director 4 �d Q-L 09////2.02.# Date Date ArtST: CXQA lbw WW1&0 Qar`— Karen McQueen 41, ,( County Clerk • Dolma Iinto -0 - Date INTERLOCAL COOPERATION CONTRACT 1.- CONTRACTING PARTIES and AUTHORITY The.Brazos County Corninunity:puperylson and4orrectionspe,partMept(0CD) -and Brazos County(County)enter into this Interlocal Cooperation Contract (Contract)under the authority of the Texas Government Code Chapter VI•(the intertodalCooperationAat). County certifies that it Ii4s-theiauthorityte contract takthe se(V.ic44.agreed bpbrliks -granted in Texas Local Go.ernmentCode Chapterf262.'(C:onnty-Purchasing At). "CSCII:cettifies that-hams authority to Perform-the services contracted for by authority grantOd itf.Texag tbvettuuertt Code:Chapter 70:10 . lk. BACKGROUND and PIMPOSE Due th reduced funding from the:Slate of Texas f or_Specialty Cduris,the County Agresti supplement the Specialty Court budget to fund CornintAity Supervision OffieerS(CSO).The additional funding is supported by the benefits of contiriting the Specialty Court Program which include,but are not.limited to,:enhanced public safetyi•reduced.recidivism rates,reduced incarceration's,anditioreased Productivity • of Sped alty Courfxgrticipants. CSCD prOvides.sitpe.riiisioti officerS:tb the Brazos•Cbunty Speofalty Court. 3 stATMENT ovisOyipgA TO.BE PEOPRIOP CSCDMill pqrfOrril W9followint services, A. the.CSCP will provide two Supprvision'officerS to the Brazos.Courity:%Saelalty tia-.C.Sips:asOgued to:this program shall.b g,approved by the presiding judge of Specialty Court program .B. CSCD shall be solely reSphnsiblofOrthe employment and..Management-of the CSOS.The County-Will.havenoinput into CSO?cidelkibrKwith regirds!5 management or work of CSCD personnel,although te work of tbecsdn peronfiel asoig d ell be eicelusiyelv:gpetinliy:+doirt:Proii ram C., The assigned.0t.Os shall remain the employee of the CSCD and shall.tie;oligible for all slate benefits,incentivest merit increases,and Piratietions nffoide.d other CSCD 4fficrirs and enipioreaa. 'p.. Tl'ieasigneki eSgs'salary shall lIt paid through the ttqs 'itlepattniqntbu4get and the CSOs will have caseloads that consist.saiely:(10M ofSpecialisitourt • participants and/or Specialty Court graduates. • - 4 CONTRACT AlyI0:011T and BASIS FOR C.AI4CJLATINO COSTS The ampunt.ofthisfUriding cOntra4 will not•exceegi One Hundred and Eighty-five. • Thousand Dollars and No Cents($18.5,0004)), Atthe time of this contract the estimated amount offunding is One hundred and Eighty-three Thousand Four Hundred Fifty-two Dollars and Cents($1$7JA52,00).This amount is intended to cover the salary:and benefit costs of the two C$C1r40 Officers asSignedlothe.)firazos COuntY•Specialty Court.The Contract funds.will be paid thro4h.theaCSC budget.. 5. PAYMENT F0,11.011VICES.CSCli : will.submit quarterly invoines.to the County.County wilt remit payment to CSCDapPrOximately 3.0 calendar-4:kt after-Cbuiitys.:Teceipt*of the invoice.County will only make..quarterly payments for amounts actually paid to the C5CD"etrkpinyees assigned tp the Specialty Court. TERM 00 CONTRACT and AMENDMENTS 'This-Minima is effective on October.1,2024.The Contraetavill.tei.ininati.nri September 30;2023;.eir Upon written request of either patty Ath'301calenclarilays' 'Written notice Which'ever:OcentS•eatlier.This Contract may Only be amended or extended by giuttigf-written agreement of theparties_ 7c NOTICE N_otteeffiyen uncle"the:farina.cifihis:contraCtshWl be petit tO the fpliciyilit: .1.jra2oS;COnniyeontronnity$nperffisiOn and 00.toptiops Department ;Teforeiicolig,OSC,D Director 31.1.E 26Ih Street,Anile§.0.0 PrYgliT9Ps•77803 jmerTgObra7nscoantSitx,gov. iPhone:•979-3614429. :krazoS ConntY tuailcters,q9uPtY.4.1dgre 200 S.Texas Aventiei Suite 5310:Beyak TX:77803 Ernalh•dpetersObrdzoseountvtx:gov• Phone: .979-36.1?COI. Either party may•change its inkrination inthisspetion*giyinthe other pay written notice-frigilhe'dote upon which the change will become affebtive. • 8,CF#RTIFICATIONS . The Parties.certity that(1) he Contract is authorized by-the goyerning bpdy0f.each party;(2)the purpose;terms,rights;and duties of the Parties-arestated within the Contract;.and(3).eachparty-will make payments for the,p.erformanue•of gOvemmental'functions.or servicOsfrOm mire*revenues available to the paying party- 'The undersignea signatories have frill authority to enter intq this Contract on behalf Of therespectilie Parties: .PRAZOS:Co ..• g8CD. . .• . • • DisaneTeters • • •- • alit'fe 'Goad • • . . . . . •CountY judge CSC• hector• - . 0(i . Dale • • • • • Date • ATTEST: / C ."..111Allgen petintrelerk • 91J/0 r Date FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND AMBER ALERT NETWORK BRAZOS VALLEY • THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through Its duly elected County Commissioners (hereinafter "County"), and the AMBER ALERT NETWORK BRAZOS VALLEY (hereinafter "AANBV"), located in College Station, Texas, and is effective October 1,2024. RECITALS WHEREAS AANBV serves all seven counties of the Brazos Valley(Brazos, Burleson,Grimes, Leon,Madison, Robertson,and Washington). WHEREAS approximately eighty-five percent(85%)of all regional missing person and missing children reports originate from law Enforcement agencies in Brazos County. WHEREAS the AANBV shares this common goal with the County; and WHEREAS, the County desires to assist AANBV in their efforts to promote the public purpose of providing rapid notification to the public of incidents of abducted children in the Brazos Valley Region and provide resources, training and education to the residents and law Enforcement Agencies of the Brazos Valley. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12)months, commencing on the 1st day of October 2024,and terminating on the 30th day of September 2025. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. Amber Alert Nenrork Brazos Valley Page 160 USE OF COUNTY FUNDS Funds to be furnished to AANBV as stated herein be used to offset operational. •expenses of the AANBV, including to help offset salary and benefits, rent, telephone expenses, and office supplies. COUNTY'S LIABILITY FOR PAYMENT The County, for and in consideration of the services provided to County, hereby agrees to pay AANBV a total payment of Five Thousand Dollars 135.000.001 ("Funds")for the year beginning October 1, 2024 and ending September 30, 2025. Payment of such sum will be paid upon receipt of invoice. RESPONSIBILITIES OF AANBV AANBV will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to any and all inquiries by the County. 5. AANBV agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.AANBV agrees to maintain such records for possible audit for a minimum of three (3)years after the termination date of this Agreement unless a longer period of records retention is stipulated.AANBV agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.AANBV agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the AANBV under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. lithe Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the AANBV. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the AANBV. If an independent financial audit is performed, a management letter will be Amber Alert Nenrork Brazos Valley Page 2 of 6 alLD wow"—,75'' t5i prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the AANBV's annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the AANBV. 7. AANBV will provide the County with any and all certified audits conducted by AANBV and the management letter prepared in connection therewith; 8. AANBV will provide a report to Commissioners Court on February 28, 2025 and August 31, 2025 with statistics evidencing the following for the six months prior to due date. a. The number of Brazos County residents using the AANBV's Services. b. The number of support cases opened including, how many of those cases were children and how many were adults. c. The number of social media posts. d. The number of training events and the number of attendees. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the AANBV's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the AANBV. RECORD RETENTION The AANBV shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The AANBV agrees to maintain and make available for inspection by the County upon request, consistent with • personal privacy and, subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its participation in supporting the AANBV with Funds. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County if it so desires. DISCRIMINATION The AANBV shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The AANBV shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeshi p. The AANBV agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action,omission, • or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the AANBV shall be an independent contractor and not an employee or agent of the County, and that each shall maintain•at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and AANBV state that to the best of their knowledge, no officer, agent, or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest,direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all ° - obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County,Texas, notwithstanding anything to the contrary. TERMINATION AANBV or County may unilaterally terminate this Agreement, at any time and for any reason, or no reason, by giving the other sixty (60) calendar days prior written notice. In the event of termination AANBV agrees to return funds to County of a pro rata basis based on a twelve (12)month calculation. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Amber Alert Network Brazos Valley P.O. Box 9282 College Station,TX 77842 Brazos County Commissioners Court CountyAdministration Building 200 So.Texas Ave., Suite 310 Bryan,Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any provisions or portion of this Agreement are held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties concerning the subject matter contained herein . There are no representations,agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the AANBV without the prior written consent of the County. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. • Brazos Coun Amber Alert Network Brazos Valley C,....) DUANE PETERS, CNARLES R. FLEEG , County Judge Executive Directo c I r7/Q 0 4-1 1/0/ Date Date ATTEST: vow— l i u.ReA-- Karen McQue n, gou4 Clerk 4 7 T 2 ,as LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224,Executive Order on Terrorist Financing—Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS.https:/lwww.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal,state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch'list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https:l/www.sam.gov.The undersigned affinns the non-debarment statement above,that they arc duly authorized execute this contract.The company representative below further affirms,that the company submitting this•proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in.an Israeli- controlled territory,but does not include an action made or ordinary business purposes;and. 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,limited partnership,limited liability partnership,or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it(I)does not have a practice.policy, guidance,or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is n required. �y 1/41-1-0-7 Com an Name: M 40 � T/A� �O-_ v4 S Company Authorized Company Representative: ��-. 44.2 iS IL f5. Address: ,62 f''x 9Z52.. Coe. fic:;.0� 77811:? Signature: Date: 9/6312-Y" Contract#: Z 5 0 CERTIFICATE OF INTERESTED PARTIES FORM 1295 lofl Complete Nos.1-4 and 6 it there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name ot.business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. Amber Alert Network Brazos Valley College Station,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/10/2024 being filed. Date Acknowledged: Brazos County 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 25-051 Public alerting related to missing childrenfpersons,public and law enforcement training related to missing children/person issues Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only it there is NO Interested Party. 6 UNSWORN DECLARATION My name Is ' $ # ' L. and my date of birth Is My address is /20 ( VC 8L ,6L<.56F57/l7d.), , 37) /2. USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in l44C7 County.State of /.)r%1' ,on the /0 day of SL ,202 (month) (year) • Signature of autho ed ent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.i.0.48da5117 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BOYS& GIRLS CLUBS OF BRAZOS VALLEY THIS FUNDING AGREEMENT ("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners hereinafter referred to as ("County") and BOYS & GIRLS CLUBS OF BRAZOS VALLEY, hereinafter referred to as ("Club")a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2024. RECITALS: WHEREAS, the Club conducts youth programming and activities within Brazos County; and WHEREAS, the purpose of the Club shall be to provide opportunities for youth to grow as productive citizens of our communities; and • WHEREAS, youth that are involved in programming and activities are shown to be less likely to be involved in the juvenile justice system and the adult criminal justice system and WHEREAS, Brazos County is responsible for providing and funding the juvenile justice system and the adult criminal justice system in Brazos County: NOW, THEREFORE, both parties agree to the following terms and conditions: AGREEMENT 1. FUNDING The Club will be funded by the County in the amount of$60,000.00 ("Funds") for the term of this Agreement to be paid In quarterly installments on receipt of invoice, 2. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12) months commencing on the 1st day of October 2024 and terminating on the 30th day of September 2025. 3. ACCOUNTING AND AUDIT The Club will provide, no later than March 31, 2025 and August 31, 2025, a detailed account of how the Funds were expended in comportment with this Agreement. The Club agrees to furnish any information requested by the County Auditor, including documentation of the use of Funds received from the County. In the event it Is determined by Brazos County Commissioners Court that the Funds provided herein by the County to the Club have not been expended in comportment with this Agreement, this Agreement shall automatically terminate, and the Club may be required to return to the County such Funds that were not properly expended. The Club agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Club agrees to maintain such records for possible audit for a minimum of three (3)years after the termination date of this Agreement unless a longer period of records retention is stipulated. The Club agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Club agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Club under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the Club. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court. The management letter shall identify issues that might not otherwise require disclosure in the Club annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Club. 4. • RECORD RETENTION The Club shall be responsible for record keeping on all services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding. 5. INDEMNITY The parties agree to Indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. 6. INSURANCE The parties hereto agree that the Club shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. 7. COUNTY INVOLVEMENT The County and the Club state that to the best of their knowledge, no officer, agent, or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. 8. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 9. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing It, certified mail to the other party at the following addresses: Boys&Girls Clubs of the Brazos Valley Brazos county Rhonda Watson c/a Commissioners Court P.O. Box 524 200 S. Texas Ave. No. 310 Bryan, TX 77806 Bryan, Texas 77803 10. IMMUNITY As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of Itself, its commissioners, officers, employees, or authorized representatives. 11. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 12. SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 13. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. 14. ASSIGNABILITY This Agreement is not assignable by the Club without the prior written consent of the County. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. • BOYS &GIRLS CLUBS OF BRAZOS VALLEY BRAZOS COU TY, TEXAS 19-44k.. 1A)04esy...,, Rhonda Watson,Authorized Representative Duane Peters, County Judge Date: Crl Z0/A.Do4 Date: /I7faoq ATTEST: oxC� Karen McQueen County Clerk eh4' ' ' LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224,Executive Order on Terrorist Financing-Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https:f/www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension,debarment, or similar ineligibility determined by any federal,state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274,002 Texas Government Code: 1, "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or Iimit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action madeor ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,limited partnership,limited liability partnership,or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 ofthe Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it(1)does not have a practice,policy,guidance, or directive that discriminates against a firearm entity or firearm trade association and (2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. - !!nn ` Company Name: 1)Ot{c . lit 1'i 5 c s 0-F ►'J11.Zc)S I&f l Authorized.Company Representative: Pjlov' Wa-Fs0 h • Address: 1'l o iRic.ck. 1314-/a/v ., 77ISO3 Signature:1.ARYTEet /7 ' Date: I t 0i,a0,a4 Contract#: O fO? t CERTIFICATE OF INTERESTED PARTIES FORM 1295 1otl Complete Nos.1-4 and s II there are Interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1211815 Boys and Girls Clubs of the Brazos Valley Bryan,TX United States Date Plied: z Name ot•govemmental entity or state agency that is a party to the contract for which the form is 09109,2024 being filed. Brazos County Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 25-029 operating support Nature of interest 4 Name of interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary 5 Check only if there is NO interested Party. ❑ X 6 UNSWORN DECLARATION A My name is (4 v 1 & \Ai C r) , end my date of birth is 30 a3• c1`e C My address is 19 10 33tcK. , rJ 1�UAnh� l -75‘c73 uk'S pek (street) (city) (slate) (alp code) (country) I declare under penalty of perjury that tha foregoing is true and correct. (� Executed in f,J[2 ZoS County,State of 1'i s ,on the 1 d y of - , (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us Version V4.1.0.48da51f7 • FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY HISTORICAL COMMISSION This is an Agreement for Funding("Agreement')by and between Brazos County hereinafter referred to as ("County")and the BRAZOS COUNTY HISTORICAL COMMISSION, hereinafter referred to as ("BCHC") a commission dedicated to the improvement of Brazos County. RECITALS WHEREAS, County historical commissions are a vital link in Texas' preservation network. Few other states have a built-in mechanism that makes possible a preservation organization in every county: WHEREAS, the BCHC has the statutory responsibility to initiate and conduct programs suggested by the Brazos County Commissioners' Court and the Texas Historical Commission ("THC"). • WHEREAS, BCHC has worked co-operatively with the Brazos County Commissioners' Court,THC, local governments, local non-profit organizations, and individual citizens to preserve Brazos County's heritage for the use,education, enjoyment, and economic benefit of present and future generations in Brazos County. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: AGREEMENT 1. BCHC Responsibilities BCHC, shall provide services to the County as follows: A. Actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. B. Support other groups and events that have the same goal. 2. County Responsibilities A. BCHC shall be funded by the County in the amount of$ 8,300.00 for the term of this Agreement. The Agreement shall be for a term of twelve(12)months commencing on the 1st day of October 2024 and terminating on the 30th day of September 2025. B. BCHC agrees that County or its designated representative shall have the right to review and to copy any records and supporting documents pertaining to the performance of this Agreement. BCHC agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. BCHC agrees to allow the auditor(s)access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BCHC agrees that County, or its designated representative,shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the BCHC under prior Agreements. C. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BCHC. If an independent financial audit is performed, a management letter will be prepared by the auditor as part of the process and a copy of said management letter shall be delivered to the Brazos County Commissioners Court.The management letter shall identify issues that might not otherwise require disclosure in the BCHC annual financial report, but which are of concern to or under the suggestion of the auditor. if the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the BCHC. D. Annual financial statements (audited if available) are due to County within six (6) months of completion. 3. General Provisions: A. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY BCHC Brazos County Henry Mayo c/o Commissioners Court Chairman 200 S. Texas Avenue, Suite 310 P.O. Box 9169 Bryan,Texas 77803 College Station, Texas 77842-9169 B. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate the Agreement will be given in writing at least thirty • (30)days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and in the case of partial termination,the portion of the Agreement to be terminated. C. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. D. This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that ail obligations under this Agreement are performable in Brazos County,Texas and that this Agreement has been executed in Brazos County,Texas. Venue shall lie exclusively in Brazos County, Texas notwithstanding anything to the contrary. SIGNED this 1rr4 day of ( rQ krfl/)gr 2024. • BRAZOS COUNTY HISTORICAL COMMISSION By: Henry Mayd;Chairm� BRAZOS COUNTY By: Duane Peters, County Judge ATTEST: By: 4K4.,iM ?t Karen McQueen, County Clerk CGete `-4918 LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (BO) 13224, Executive Order on Terrorist Financing—Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch Iist as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,Iimited partnership,limited liability partnership,or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract.If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. Company Name: Brazos County Historical Commission Authorized Company Representative:Henry P Mayo Address:P.O. Box 9169 • College Station,Texas 77842-9169 Signature: 1/¢4 r" • Date: Sept. 11, 2024 Contract it: FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS MATERNAL&CHILD HEALTH CLINIC, INC. THIS AGREEMENT FOR FUNDING ("Agreement') IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter"County"), and the BRAZOS MATERNAL&CHILD HEALTH CLINIC, INC. (hereinafter "Provider"), located at 3370 South Texas Avenue, Suite G, Bryan,Texas 77802, and is effective October 1, 2024. RECITALS: WHEREAS, Chapter 61 of the Health & Safety Code provides for Texas counties not served by a public hospital or hospital district to be the payor of last resort for basic health care for eligible indigent county residents; and WHEREAS, Section 61.028 of the Health & Safety Code observes that basic services include family planning, laboratory, skilled nursing, physician and inpatient and outpatient hospital services; and WHEREAS, the County is interested in promoting such care through the Provider which provides all or part of such basic services; NOW,THEREFORE the parties above agree to provide such indigent health care under the following terms and conditions, AGREEMENT TERM This Agreement shall continue in force and effect for a term of approximately twelve (12) months commencing on the 1st day of October 2024 and terminating on the 30th day of September 2025. CANCELLATION This Agreement may be canceled by any of the parties hereto upon sixty(60)days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER Provider shall provide the following services through trained, salaried staff to pregnant women who qualify for such services pursuant to the guidelines currently implemented for making such determination: interviews, lab work, physical exams, educational information, and medicine as needed (collectively, "Services"). Bra os Maternal& Child lieahh Clinic Agreement Page 1 of S USE OF COUNTY FUNDS Funds to be furnished to Provider as stated below shall be used pursuant to the County's authority as set forth in Chapter 61 of the Texas Health & Safety Code. COUNTY'S PAYMENT The County agrees to fund the Provider the sum of$75,000.00 ("Funds") for the term of this Agreement to be paid in quarterly installments on receipt of invoice and financial statements and statistics listed below. RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following Services pursuant to this Agreement: 1. All necessary application forms to potentially eligible individuals. 2. Obtaining and compiling information on each applicant for Provider Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Providing of the Provider's Services. 5. Maintaining data files on clients and the Services provided thereto. 6. Respond to all and any inquiries by the County regarding the Provider and its Services. 7. Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that County, or its designated representative,shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third Brazos Maternal&Child Health Clinic Agreemen! Page 2 of 5 party,.all costs and expenses associated with said audit will be solely paid for by the Provider. 8. Provider will provide financial statements to the County Auditor evidencing how County funds are spent. Such statements to be submitted to County one week prior to the funding dates set forth herein above. 9. Provider will provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith. 10. Provider will provide the Court with statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos County residents comprise of the total population using Providers Services. Provider will provide the data for each quarter prior to payment. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its Services and all financial records of the Provider. The Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Provider with funding. Such records shall be retained for at least three(3)years from the date the service was provided. These records shall be made available for inspection and audit by the County, if requested. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action.shall include,but not be limited to,the following:employment,upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non-performance of the Services stated herein and for any damage to any person resulting from any act or omission or negligence on the part of each party hereto. Brazos Maternal&Child lkalth Clinic Agreement Page 3 of 5 INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and Provider state that to the best of their knowledge,no officer,agent, or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, either direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: BRAZOS MATERNAL& CHILD HEALTH CLINIC, INC. 3370 South Texas Ave, Suite"G" Bryan, Texas 77802 BRAZOS COUNTY COMMISSIONERS COURT 200 South Texas Avenue, Suite 310 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Agreement. NO WAIVER OF IMMUNITY Brazos Maternal&Child Health Clinic Agreement Pugs 4 of 5 The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability by Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third-party beneficiary. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction,the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. Executed in duplicate, each of which shall have the full force and effect of an original. I VI DATED this ,day of LSepJeakep , 2024. Brazos County ATTEST: By: - (kin, Duane Peters, Brazos County dge Karen;McC Br zooms Countyc Cl' erk Brazos Maternal&Child Health Clinic, Inc. V' • By: Cni1 By: Lynneager, `� --�,--- ExeGtive i ector Beard,President ' Brazos Maternal&Child Health Clink Agreement Page S of 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2.3,5.and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1212394 Brazos Maternal&Child Health Clinic,Inc(The Prenatal Cli • Bryan,TX United States Date Filed: `2 Name of governmental entity or state agency that is a party to the contract for which the form is 091/10/2024 being filed. Brazos County,TX Date Acknowledged: 3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 25-039 Prenatal medical services and health education to low income pregnant women 4 Nature of interest Name of Interested Patty City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION 2 D�� My name is 1-1 AL p, l 'Y�1 Met vi• , and my date of birth is 0 J- 5D' ('7S . My address is Ir7 .1 01 '" 'Q&i') u Pr(y((,J &J ! f �o�.. 20.$ (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. en l I Executed in ` "ty7 a0 County,Stale of �J _,on the day of 20eT. noonm) (year) tl JlJ 1 1J 1.J ankilir Signature of authorifetiagent ottontracting business entity (Declaram) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.48da51f7 LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224,Executive Order on Terrorist Financing—Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's.Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension,debarment, or similar ineligibility determined by any federal,state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https:Uwww.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: I. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an IsraeIi- controlled territory,but does not include an action made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,limited partnership,limited liability partnership,or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or • affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it(1) does not have a practice,policy, guidance, or directive'that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification�islnot required. g n • Company Name: Q3 05 L)tkxi&L.d 4 Xi r V -� \...TA 101 t' l & !.L l 1'n(� Authorized Company Representative: t�1(�14J 1 . L " e Ti" Address: 1 o 6' alai) J`'� f 'l.,v G l tris ‘D-- Signature: a�� U air6L- Date: ()CI.. 10 - A04.4 Contract/:: AS—L) 3/ FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY COUNCIL OF GOVERNMENTS-INDIGENT HEALTH CARE This Indigent Health Care Agreement ("Agreement") is entered into by and between BRAZOS COUNTY acting by and through its duly elected COURT OF COMMISSIONERS (hereinafter "County") and the BRAZOS VALLEY COUNCIL OF GOVERNMENTS (hereinafter"BVCOG"). The purpose of the Agreement is to provide for the administration of the heath care program for eligible Brazos County residents pursuant to the Indigent Health Care and Treatment Act, Texas Health &Safety Code, Chapter 61 (the"Act"). The parties mutually agree as follows: In compliance with the Indigent Health Care and Treatment Act("Act"), County agrees to provide basic health care assistance to eligible County residents by reimbursing providers of services to households who meet the requirements of the Act, the Texas Department of State Health Services regulations and the Texas Administrative Code Title 25,Chapter 14. County enters into this agreement with the BVCOG to share the costs of the regional administration of the Indigent Health Care Program. RATES FOR REIMBURSEMENT The County agrees to pay the County's share of the cost of the administration of the County Indigent Health Care(CIHC) Program for eligible Brazos County residents.County agrees to pay BVCOG $ 96,700.00 ("Funds") for the 2025 fiscal year, October 1, 2024 through September 30, 2025, in quarterly installments upon receipt of invoice. RESPONSIBILITIES OF BVCOG For and in consideration of the funding provided by the County, the BVCOG agrees to administer the Brazos County Indigent Health Care Program in compliance with the Act and pursuant to the regulations of the Texas Department of State Health Services and the Texas.Administrative Code,Title 25, Chapter 14, by providing: 1. Written minimum eligibility standards and application, documentation, and verification procedures to determine eligibility for indigent health care under the Act. 2. An annual review no later than the beginning of a state fiscal year of the County eligibility standards and a reasonable notice of the standards to the public. 3. An application procedure including forms and notification of the procedure to the public. CIHC Agreement 2 BRAZOS County-BVCOG 4. Intake services in Brazos County at least once a month. 5. Assistance to applicants in the accurate completion of the application process • including all needed verifications, documentation, and supplemental information. 6. Screening, assessment, and determination of each applicant's eligibility for indigent health care. 7. An explanation to the applicant, if approved, of the obligation to report any change in income or resources that might affect the applicant's eligibility and the possible - penalties under the law for failure to report such a change. 8. A decision regarding acceptance or denial of the application not later 14th than the day after the date on which the BVCOG receives a complete application, and a written notification of the decision to the applicant, including the reason for any denial, the process for resubmitting an application at any time circumstances justify a redetermination of eligibility, and an explanation of the appeals procedure. 9. An administrative hearing procedure with appropriate due process considerations, notification forms, and an appeals process for individuals or households whose application has been denied. 10. Retention of all records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted. 11.A response to all inquiries regarding the program pursuant •to the Texas Public Information Act, Texas Government Code Chapter 552. 12.An annual written review of the program's management and operation. 13.A review of the eligibility of each household at least once every six(6) months. 14.A list of eligible Brazos County residents distributed to each provider once every six (6)months. 15.A review of all bills submitted to BVCOG by the medical provider(s)to verify accuracy and the eligibility of the patient. 16. Remittance to the County of bills that have been reviewed and approved for payment to the medical provider. • CIHC Agreement 3 BRAZOS County BVCOG RESPONSIBILITIES OF THE COUNTY For and in consideration of the services provided by BVCOG, the County will provide: 1. Payment in accordance with the payment standards of the Act for services determined by BVCOG to be an accurate rendering of services to an eligible patient. 2. Payment of BVCOG'S cost to administer Brazos County's portion of the indigent health care program on a quarterly basis. 3. An audit of the program. 4. Responsibility for payment of services in accordance with the Indigent Health Care and Treatment Act. 5. Payment for County's pro rata share of outside audit services, if necessary. TERM This Agreement is for one(1)year,from October 1, 2024 until September 30, 2025. CANCELLATION This Agreement may be cancelled by either of the parties hereto upon sixty (60) days written notice. AUDIT BVCOG agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. BVCOG agrees to maintain such records for possible audit for a minimum of three (3)years after the termination date of this Agreement unless a longer period of records retention is stipulated. BVCOG agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. BVCOG agrees that County, or its designated representative,shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the BVCOG under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines.that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the COUNTY. Annual financial statements(audited if available)are available to the Brazos aunty upon request within six(6) months of completion. • CIHC Agreement 4 BRAZOS County—BVCOG ALTERNATIVE DISPUTE RESOLUTION The parties agree that, in the event that suit is filed by either of them based on or pertaining to this Agreement,they shall submit this dispute to mediation as described in Section 154.023 of the Texas Civil Practices and Remedies Code. The parties further agree that the results of the mediation will not be binding on the parties. The parties shall have the right to undertake proceedings in a court of proper jurisdiction. INDEMNITY Any monetary loss suffered by the County from ineligible clients,mistake,fraud or other conditions can be recovered from the BVCOG only to the extent of available insurance. AMENDMENT This Agreement shall be automatically amended by the amendments made to the Act by the State Legislature. In all other respects,this Agreement may be modified, amended, altered or extended only by a written amendment signed by the parties. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents,which may be necessary to carry out the provisions of this Agreement. FORCE MAJEURE Neither party shall be liable for any failure or delay in performance under this Agreement(other than for delay in the payment of money due and payable hereunder)to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and software providers, phone and internet service providers, carriers, or other parties to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability,the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon and an expected date when obligations under this Agreement will be resumed. CIHCAgreement 5 BRAZOS County BVCOG SEVERABILITY In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties.There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement,which are not fully expressed herein. FISCAL FUNDING Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item or obligation contained herein for the term of the Agreement and any extension thereto. BVCOG, or any other person or entity directly or indirectly employed by the BVCOG or any other person or entity to whom the BVCOG may be liable to, shall have no right of action against the County in the event the county is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current.or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the BVCOG at the earliest possible time under the circumstances. EFFECTIVE the `S� day ofU 1 ", 2024. B 'O :AUNTY By. . 91110°4 u ge Duane •eters County Judge BRAZOS VALLEY COUNCIL OF GOVERNMENTS By: �� azi l Date 9/10/24 Michael Parks Executive Director ATTEST: BY: 9flCJ &.' Date q Karen McQueen County Clerk Dept- LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing—Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at httpsJ/www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,limited partnership,limited liability partnership,or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary,parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. Company Name: Brazos Valley Council of Governments Authorized Company Representative: Michael Parks Address: P.O.Drawer 4128 Bryan, TXJ77805-4128 Signature: Date: 9/10/2024 Contract#: FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND EASTER SEALS GREATER HOUSTON THIS FUNDING AGREEMENT("Agreement")effective October 1,2024 is entered into by and between Brazos County,Texas,acting by and through its duly elected County Commissioners (hereinafter "County"), and the Easter Seals Greater Houston (hereinafter"Service Provider"), located at 3211 S.Texas Avenue, Suite A, Bryan, Texas 77802. RECITALS WHEREAS, the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 of the Texas Health and Safety Code, the County is the payor of last resort for the provision of basic health care services to eligible indigent county residents; and WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE, the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October 2024 and terminating 30th day of September 2025. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty(60)days written notice as provided herein. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: rehabilitation services, physical therapy, occupational therapy, speech-language therapy, autism diagnosis and social services to the indigent population Easter Seals Greater Houston Page 1 of 1S of Brazos County who have been diagnosed with disabilities, developmental delays or those who are at risk of developing a delay(collectively"Services"). Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide Services to eligible indigent applicants ages 0 to 3. County's Payment The County agrees to provide the Service Provider a maximum sum of$35,000.00 ("Funds") for the term of this Agreement to be paid in quarterly installments on receipt of invoice. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 1. Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 3. Maintaining this Agreement. 4. Provision of the Service Provider's Services as defined herein. 5. Maintaining data files on clients/patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Service Provider and its Services. 7. Assisting the County with information needed for audit purposes. 8. Providing the County with quarterly financial statements within 30 days of the end of the quarter. 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent Such statements to be submitted to County one(1)week prior to the funding dates set forth herein above. Funding will not be provided if statements are not received. Easter Seals Greater Houston Page 2 of 15 11, Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and ail financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided.These records shall be made available for inspection and audit by the County if it so desires. Accountina and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. tf the Brazos County Commissioners Court determines that the audit will be conducted by • an independent third party,all costs and expenses associated with said audit will be solely paid for by the Service Provider. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color,religion,sex, or national origin.The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include,but not be limited to,the following:employment, upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training,. including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination Easter Seals Greater Houston Page 3 of15 • clause. Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws, and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996(HI PM) Public Law No.104-191,45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6)years all protected health information. Indemnity The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of$1,000,000.00 naming Brazos County,as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide 'a Certificate of Insurance for both policies which shall provide for a fifteen(15)days advance notice to County of the cancellation of such policy. Independent Contractor In all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services Easter Seals Greater Houston Page 4 of 15 provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Providers agents, employees, and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost, or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider,with the exception of acts performed in conformance with an explicit, written directive of the County,through its authorized agents. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County, Events of Default: The following shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult_ b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. Right of Audit and Monitoring Easter Seals Greater Houston Page 5 of 15 Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County,or its designated representative,shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County,Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. • Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following • addresses: Easter Seals Greater Houston Brazos County CIO CEO CIO Commissioners Court 4888 Loop Central Dr., Suite 200 200 S. Texas Ave., Suite 310 Houston,TX 77081 Bryan, Texas 77803 Further Assurances Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Easter Seals Greater Houston Page 6 of 15 Severability In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a"course of business" upon which Service Provider may rely,for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Change The Service Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County • for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its'ability to perform under this Agreement,the Service Provider will immediately notify Brazos County in writing. • Tax Exempt Status . As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. Easter Seals Greater Houston Page 7 of 15 Sovereian Immunity This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and ail applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third-party beneficiary. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable,the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Easter Seals Greater Mauston Page 8 of 15 • In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER Ea r Seals Greater Houston Date E1' e Hough, CEO BRAZOS COUNTY, TEXAS I ,g06( Duane Peters Da e County Judge ATTEST: e.A..-- 4JQ Karen McQueen, County Clerk • eirge Deity Easter Seals Greater Houston Page 9 of 15 BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT Acknowledgment of HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C, §1320(d) ("HIPAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules,and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information("PHI"). Business Associate shall not use PHI. • except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; Easter Seals Greater Houston Page 10 of 15 agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and ensure that all disclosures of PHI are subject to the principle of"minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor,,agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains,or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate, further expressly warrants that its Agents will be specifically advised of, and will comply in all respects with, the terms of this Agreement. Data Aggreaation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. De-identified Information. Use and disclosure of de-identified health information is permitted, but only if(i)the precise use is disclosed to Covered Entity and• permitted by Covered Entity in its sole discretion and(ii)the de-Identification is in compliance with 45 CFR §164.502(d), and any such de-identified health information meets the standard and implementation specifications for de-identification under 45 CFR§164.514(a) and(b). Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. Easter Seals Greater Houston Page.11 of 15 Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Business Associate's responsibilities, if the use or disclosure of PHI in this agreement is based upon an individuat's specific consent or authorization for the use of his or her PHI, and the individual revokes such consent or authorization in writing,or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate shall, if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure,or where an exception under the Privacy Rule expressly applies. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set(as defined in the HIPAA Rules)on behalf of Covered Entity, Business Associate agrees as follows: Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, Easter Seats Greater Houston Page 12 of 15 • to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost-based fee for copying health information may be charged. Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. Accounting of Disclosures, Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six(6)years prior to the request(not including any disclosures prior to the compliance date of the Privacy Rule). Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered . Entity in meeting this deadline. Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12-month period; however, a reasonable, cost-based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. Such accounting shall be provided as long as Business Associate maintains the PHI. Internal Practices. Books, and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Easter Seals Greater Houston Page 13015 Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims,demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law(including,without limitation, attomey's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under This Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Reference. Any reference in this Section entitled"Use and Disclosure of PHI"means the section of the Privacy Rule or the Security Rule, as applicable, as in effect or as amended. Easter Seals Greater Houston Page 14 of.is Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI"from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI"shall be resolved to permit Covered Entity to comply with the HIPAA Rules. Survival of Key Provisions. The provisions of this Section entitled"Use and Disclosure of PHI"shall survive the termination of this Agreement. Accepted: B ' ess Associate • Easter Seals Greater Houston Page 15 of 15 LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing--Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,httpsJ/www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension,debarment, or similar ineligibility determined by any federal,state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,limited partnership,limited liability partnership,or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract.If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it(1) does not have a practice,policy,guidance, or directive that discriminates against a firearm entity or firearm trade association and (2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. Company Name: CA S7 s(^ 6-c...r 64 K r t 8"'!1 , Authorized Company Representative: elA Sr. 1140 LL/4' Address: 4 e Loce GFNIIm-- S!- ?Ov Q 5i -', 1c 93-81 Signature: Date: h i Contract#: CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.i-4 and 6 if there are interested parties. OFRCE USE ONLY Complete Nos.1,2,3,5,and 6 if there am no interested parties. CERTIFICATION OF RUNG 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-121263E Easter Seals of Greater Houston,Inc. Houston,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/11/2024 being filed. Brazos County Commissioners Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Unknown Services in support of low income families related to Early Childhood Intervention Nature of Interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling E Intermediary. 5 Check only If there Is ND Interested Party. 0 6 UNSWORN DECLARATION �-J 1 J' . //a„. My name is L:ti.ts� L�G�i t� , and my date of birth is r`''fP� My address is ¢(b LOOP GL ✓h0 SMee) , ( frvAa-J , , 91v ( . Lem . (street) (city) (slate) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in L 110NA ti County, State of f ,on the II slay of ,c ,2t1_ T . &nth) (year) Signature of autho d agent a contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.lx.us Version V4.1.0.48da51f7 • FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS FUNDING AGREEMENT("Agreement")effective October 1, 2024 is entered into by and between Brazos County,Texas, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Health for All, Inc. (hereinafter "Service Provider"), located at P.O. Box 5913, Bryan, Texas 77805, RECITALS WHEREAS the medical care of the County's eligible indigent population has become a growing problem; and WHEREAS, pursuant to Chapter 61 of the Texas Health and Safety Code, the County Is the payor of last resort for the provision of basic health care services to eligible indigent county residents; and WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. AGREEMENT 1. Term The Agreement shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October 2024 and terminating 30th day of September 2025. 2. Cancellation This Agreement may be canceled by any of the parties hereto upon sixty(60)days written notice as provided herein. 3. Services to be Performed by Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (collectively"Services"). Health For Alt Agreement Page 1 of 15 • 4. Use of County Funds Funds to be furnished to Service Provider as stated below shall be used provide support for the increase in providers, operations, and access to healthcare. The primary goal of the project is to expand the capacity at the free clinic thereby improving access to chronic disease management and preventive services for the indigent population in the region. The County and Service Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to eligible indigent applicants and help expand access to primary care clinic space, hours, and clinic staffing and that trained personnel of Service Provider is designed to accomplish these goals. Funds will not be used to purchase or build a clinic or office, nor will they be used to purchase land. 5. County's Payment The County agrees to provide the Service Provider a maximum sum of$301000.00 ("Funds") for the term of this Agreement to be paid in equal installments quarterly upon receipt of invoice. 6. Responsibilities of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Agreement: 6.1 Completing all necessary application forms to potentially eligible indigent individuals. 6.2 Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. • 6.3 Maintaining this Agreement. 6.4 Provision of the Service Provider's Services as defined herein. 6.5 Maintaining data files on clients/patients and the Services provided thereto. 6.6 Responding to all and any inquiries by the County regarding the Service Provider and its Services. 6.7 Assisting the County with information needed for audit purposes. 6.8 Providing the County with quarterly financial statements. 6.9 Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 6.10 Providing financial statements evidencing how County funds are spent. Such Health For A[[Agreem ent Page 2 of 15 statements to be submitted to County one (1) week prior to the funding dates set forth herein above. 6.11 Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. Provider will provide the data for the period of October 1, 2024 through September 30, 2025 prior to payment. • 7. Record Retention The Service Provider shall be responsible for record keeping on all Services • provided to those individuals using its services and all financial records. The Service Provider agrees to maintain and make available for inspection by the County upon request, consistent with personal privacy, and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least three (3) years from the date the service was provided. These records shall be made available for inspection and audit by the County if it so desires. 8. Accounting and Audit The Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. The Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. The Service Provider agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. 9. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during Health ForAll Agreement Page 3 of 15 employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to,the following:employment, upgrading,demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 10. Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws, and regulations as well as administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. 11. Health Insurance Portability and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA)Public Law No. 104-191,45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six(6) years all protected health information. 12. Indemnity The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of Agreement arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. 13. Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this Agreement a $1,000,000.00 malpractice insurance policy and a General Liability Policy of$1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15)days advance notice to County of the cancellation of such policy. Health For All Agreement Page 4 of 15 • 14. Independent Contractor in all activities or Services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Agreement. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Agreement. 14.1 The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees, and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of Agreement of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. 14.2 The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request approval in writing within at least (24)twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. 15. Licensing The Service Provider is required to maintain all applicable licensing permits to • practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. 16. Events of Default: The following shall be considered events of default: 16.1 Failure to maintain license to practice medicine or any restrictions being placed upon such license by the Texas State Board of Medicine making the providing of services hereunder impossible or difficult. 16.2 Failure to maintain all permits and licenses necessary to keep Service Provider's clinics In operation. Health ForAttAgreement Page 5 of 15 16.3 Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Agreement on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. • 17. Right of Audit and Monitoring Service Provider agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Service Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement unless a longer period of records retention is stipulated. Service Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Service Provider agrees that County,or its designated representative,shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the Service Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Service Provider. • 18. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County,Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 19. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mall to the other party at the following addresses: Health for An, Inc. Brazos County C/O Executive Director CIO Commissioners Court P.O. Box 5913 200 S.Texas Ave., Suite 310 Health Far All Agreement Page 6 of 1 a Bryan, Texas 77805 Bryan, Texas 77803 20. Further Assurances Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. 21. Severability In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. 22. Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the.parties, expressed in writing, and signed by the parties. 23. Waiver ' No failure of Brazos County to assert any right or,remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business"upon which Service Provider may rely,for the purpose of denial of such a right or remedy to Brazos County. 24. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement or funded in whole or in part by this Agreement,and to cooperate with Brazos County in joint or coordinated releases of information. 25. Notice of Change 25.1 The Service'Provider shall give thirty (30) days prior written notice to Brazos County, if there is a change in the Service Provider's legal status,federal employer identification number (FEiN) or address. Brazos County reserves the right to take any and all appropriate action. The Service Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. 25.2 In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its Health For All Agreement Page 7 of 15 • ability to perform under this Agreement,the Service Provider will immediately notify Brazos County in writing. 26. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. 27. Sovereign Immunity This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable Federal and State law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third-party beneficiary. 28. Assignability This Agreement is not assignable by the Service Provider without the prior written consent of the County. 29. Fiscal Funding:Clause Notwithstanding any provisions contained herein, the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the.Agreement and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Agreement by written notice to the Service Provider at the earliest possible time under the circumstances. 30. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been Health For All Agreement Page 8 of 15 executed in Brazos County,Texas. Venue shall lie exclusively in Brazos County,Texas, notwithstanding anything to the contrary. 31. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. SERVICE PROVIDER Og 04 ealth for All, Inc. Date Executive Director BRAZOS COUNTY, TEXAS 9) 1700,24 Duane Peters Date County Judge ATTEST:964tAtik, Karen McQueen, County Clerk Health For ALL Agreement Page 9 of 15 • BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT Acknowledgment of HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 41320(d) ("HIPAA"). The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively,the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County and Service Provider, respectively. Purposes for which Protected Health Information May Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: Use of Protected Health Information ("PHI"). Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and Health For All Agreement Page 10 of 15 disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and ensure that all disclosures of PHI are subject to the principle of"minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request may be disclosed. Disclosure to Third Parties, If Business Associate discloses PHI received from Covered Entity or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives,, maintains,or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures, or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will be specifically advised of,and will comply in all respects with, the terms of this Agreement. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. De-identified Information. Use and disclosure of de-identified health Information is permitted, but only if(I)the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and(ii)the de-identification is in compliance with 45 CFR §164.502(d), and any such de-identified health information meets the standard and implementation specifications for de-identification under 45 CFR§164.514(a)and (b). Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the Health For All Agreement Page 11 of 15 amended Notice shall not affect permitted uses and disclosures on which Business Associate relied,prior to such notice. Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Business Associate's responsibilities, if the use or disclosure of PHI in this agreement is based upon an individual's specific consent or authorization for the use of his or her PHI, and the individual revokes such consent or authorization in writing,or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate shall, if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure,or where an exception under the Privacy Rule expressly applies. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHi is not used or disclosed other than as provided by this Agreement or as Required by Law, Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. if the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set(as defined in the HIPAA Rules)on behalf of Covered Entity, Business Associate agrees as follows: Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under 45 CFR §164.524. The Covered Entity is required to take action on such Health For AU Agreement Page 12 of 15 requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost-based fee for copying health information may be charged. Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six(6)years prior to the request(not including any disclosures prior to the compliance date of the Privacy Rule). Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12-month period; however, a reasonable, cost-based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. Such accounting shall be provided as long as Business Associate maintains the PHI. • Health.For All Agreement Page 13 of 15 Internal Practices. Books, and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S.Department of Health and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law(including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact finds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. Covered Entity shall have the option, at Its sole discretion, to employ attorneys selected by it to defend any such action, the costs, and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents, and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach. Rights of Proprietary .Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. Health For All Agreement Page 14 of 15 • Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Privacy Rule or the Security Rule, as applicable, as in effect or as amended. Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI"from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any applicable state confidentiality laws. Precedent and Ambiguity. If any term of this Section entitled"Use and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI"shall be resolved to permit Covered Entity to comply with the HIPAA Rules. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI"shall survive the termination of this Agreement. . Accepted: Health for Al, Inc., Execute • Health For All Agreement Page 15 of 15 LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive,Order (EO) 13224, Executive Order on Terrorist Financing—Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal,state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic halm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made or ordinary business purposes;and 2., "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,limited partnership,limited liability partnership,or any limited liability company, including a wholly owned subsidiary,majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Respondent verifies that it(1) does not have a practice,policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. Company Name: -1- 1rnr 1l\ / \nc . Authorized Company ' taw, • Address: L .271.J w, 11� On Trh____11%OE Signature. Date: bC1/ 10 / 9-0 P Contract#: p J^- 0 35- • CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1212529 Health For All,Inc. Bryan,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 0911012024 being filed. Brazos County Commissioners Office Date Acknowledged: • 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 25-035 Primary and preventative dental and health care for low-income,uninsured,residents .. Nature of interest 4 Name of Interested Pa rty City,State,Country(place of business) (check applicable) Controlling intermediary 5 Check only If there is NO Interested Party. ❑ 6 UNSWORN DECLARATION A Q� My name is ei z11l� n N • [ p•`'� , and my date of birth is C/a. r \ . My address is ? 30 EZqi c]• - 11 v , §DZ, L:) A (street) (cry) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct.Executed in 2.DS County, State of ,p O.S ,on the Oday of StrtlikiC20 Z I ' (year) zed agen o contralia mess entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0A13da51t7 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND JUNCTION FIVE-O-FIVE THIS FUNDING AGREEMENT("Agreement")is entered into by and between Junction Five- 0-Five("Junction"),a Texas non-profit corporation,and Brazos County,Texas("County")a political subdivision of the State of Texas and is effective for all purposes as of October 1,2024. ("Effective Date"). WHEREAS,Brazos County,Texas acting by and through its duly elected Commissioners Court and Junction Five-O-Five,executed an Independent Contract Agreement dated November 17, 1992,for the establishment and management of recycling centers in Brazos County;and WHEREAS,the County is authorized to expend general revenue funds for the purpose of public health and sanitation; and WHEREAS,the County has determined it is in the interest of the public to support Junction through assistance with funding. NOW,THEREFORE,in consideration of the mutual covenants and agreements herein contained,the Parties agree as follows: A. Term of the Agreement The term of this Agreement is for a period of one(1)year,which shall commence on October 1, 2024 and end on September 30,2025(the"Contract Term").At the conclusion of the Contract Term,the Agreement may be renewed upon the agreement of all Parties for an additional term of one(1)year on the same terms and conditions as provided herein. B. Obligations of Junction Five-O-Five The obligation of Junction is to provide the County with recycling services for each of the following sites described below: 1. Site 1 located on Kathy Fleming Road 2. Site 2 located on FM 2038 S. (Copperhead Road) 3. Site 3 located on State Highway 30 4. Site 4 located on Raymond Stotzer Pkwy(FM 60) 5. Site 5 located on Mumford Road 6. Site 6 located on Silver Hill Road C. Obligations of Brazos County The County shall pay Junction in the sum of three thousand two hundred and ninety-nine dollars and forty cents($3,299.40)per month,per site for a total monthly sum of nineteen thousand seven hundred ninety six dollars and forty two cents($19,796.42)for services rendered by Junction. D. Miscellaneous 1. Annual Approval.The obligations of Junction and the County under this Agreement are subject to annual approval by the governing bodies of each entity. 2. Term.This Agreement shall continue in force for one(1)year from the Effective Date. 3. Audit.No more frequently than once per calendar year,County shall have the right to inspect through its auditor, at Junction's sole expense,the records of the Junction Five-O- Five program on reasonable advance written notice and during Junction's regular business hours. Such records shall be maintained for a period of at least one(1)year from the date of creation of such record. 4. Severability. In the event that any provisions or portion of this Agreement is held to be unenforceable or invalid,the validity and enforceability of the remaining provisions or portions shall not be affected. 5. Texas law to apply.This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in Junction Five-O-Five.Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County,Texas. 6. Sole Agreement.This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement and supersedes any prior understandings or written or oral agreements between the parties. 7. Amendments,No amendment,modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. 8. Rights and Remedies Cumulative.The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies.Said rights and remedies are provided in addition to any other rights the parties may have by law,statute,ordinance or otherwise. 9. Incorporation of Recitals.The determinations recited and declared in the preambles to this Agreement are hereby incorporated herein as part of this Agreement. 10.Interpretation.The parties acknowledge that each has had the assistance of counsel in the review of this agreement,no one party is to be deemed the author of the agreement,and ambiguities shall not be resolved against any party.The caption headings of this Agreement are for reference only and shall not affect its interpretation.This.Agreement is entered into for the exclusive benefit of the parties hereto and not for any other third parties.Nothing in this Agreement,expressed or implied,is intended to confer upon any person or entity not a party to this Agreement any rights or remedies under this Agreement. 11.Duplicate Originals.The parties may execute this Agreement in duplicate originals,each of equal dignity.If the parties sign this Agreement on different dates,the later date shall be the effective date of this Agreement for all purposes. 12.Public Information Act.The parties acknowledge and agree that County may be subject to the Texas Government Code,Chapter 552,also known as the"Texas Public Information Act"(hereinafter"PIA"). 13.Governmental Immunity.This Agreement is expressly made subject to Brazos County's governmental immunity,Title 5 of the Texas Civil Practices and Remedies Code,and all applicable federal and state law.Nothing in this Agreement is intended to benefit any third-party beneficiary. 14.Fiscal Funding Clause.Notwithstanding any provisions contained herein,the obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Agreement and any extensions thereto.Any person or entity directly or indirectly employed by Junction shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure to budget or authorize funding for this Agreement during the current or future fiscal years.In the event that the County is unable to fulfill its obligations under this Agreement as a result of lack of sufficient funding,or if funds become unavailable,the County may provide funds from a separate source or may terminate this Agreement by written notice to Junction at least thirty(30)days in advance of such termination. lM EXECUTED this ® I day of<5Q p ,2024. BRAZOS COUNTY JUNCTION FIVE-O-FIVE dPahl-oc,, Duane eters,County Judge Jennifer Patridge, Director ATTEST: Karen McQueen,County Clerk LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224,Executive Order on Terrorist Financing—Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension,debarment,or similar ineligibility determined by any federal,state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal governments terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. WiIl not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli- controlled territory,but does not include an action made or ordinary business purposes;and 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture,limited partnership,limited liability partnership,or any limited liability company, including a wholly owned subsidiary,majority-owned subsidiary,parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2276 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract.If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code,Respondent verifies that it(1) does not have a practice,policy, guidance,or directive that discriminates against a firearm entity or firearm trade association and(2)will not ' discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. Company Name: cf tgiChn , Fi -19-Ft Authorized Company Representative: �/ alai Address: 'Yyl D em 13r�4vt TX 17 8o Signature: Paul Date: 9/I o/zea+4 Contract#: FILER F6R RE6ORB Z nn o DATE 9- 1 I- oa.LI AFFIDAVIT AT 1:UO O'CLOCK R M TEXAS LOCAL GOVERNMENT CODE,CHAPTER 1'f4AREN MCQUEEN BRAZ COUTY LE�RK STATE OF TEXAS § By �i rxer---- COUNTY OF BRAZOS § BEFORE ME,the undersigned authority,on September 17, 2024 personally appeared 1 Nancy Berry who being duly sworn,deposes and says: 1. That he/she has a substantial interest in a business entity or real property. Official action taken by the Commissioners Court of Brazos County, Texas concerning Agenda Item No. 10 of the Court Agenda dated 9-17-2024 described as Community Support Contracts - Boys and Girls Club , would have a special economic effect on that business entity or a special economic effect on the value of the real property,that is distinguishable from the effect on the public. 2. That the substantial interest is(check the following as is appropriate): () a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either 10 percent or more or$15,000 or more of the fair market value of the business entity;or () b. Funds received by me from the business entity exceed 10 percent of my gross income for the previous year;or () c. An equitable or legal ownership in real property with a fair market value of$2,500 or more;or () d. A person related in the first degree by either affinity or consanguinity to me has a substantial interest as defined above;or e. other Serve on the Boys and Girls Club Board ii 3. That I will abstain from participation in the matter referred to in Item 1 unless authorized by law. Signature " f SWORN TO AND SUBSCRIBED BEFORE ME this the t 7 day of Se'Pr 20 24 Notary Public in and for ''`^`4�c, AUBREYLEGGEIT i The State of Texas � N Public,State of Texas J t ,y ,, Notary 1Dt#13189102,3 my Comm.Sxp.Nebivary 12,2027 1 Filed: p`" \C1.A. ,IA , 927 6 Ro __ ,County Clerk SERVICE PROVIDER CONTRACT This contract is entered into by and between the Brazos County Juvenile Probation Department (hereinafter"Department")and Texas Polygraph Services(hereinafter"Service Provider")in consideration of the mutual promises,terms,and conditions set forth below.The parties agree that: I. PROVISIONS OF SERVICES 1.1 Service Provider shall provide polygraph examination services to juveniles who are referred to the Service Provider by the Department. 1.2 Service Provider shall adhere to all applicable federal and state laws and regulations in the provision of services here under. 1.3 Service Provider is under no obligation to accept a client who is deemed inappropriate for services or becomes violent and/or disruptive during sessions. II. COMPENSATION TO SERVICE PROVIDER 2.1 For and in consideration of the above-mentioned services,the Department agrees to pay the Service Provider an amount of$275.00 per polygraph examination conducted at the department and$250.00 per polygraph examination conducted atthe service provider's office. 2.2 Billings for payment will be submitted to the Department no later than ten(10)days from the last day of the month for which payment is being requested:The Department will make payment no later than thirty(30)days after receipt of the billing for approved charges. 2.3 Each billing should contain the date and the name of the client or clients for whom payment is being requested. III. EXAMINATIONS OF PROGRAMS AND RECORDS 3.1 The Service Provider shall provide the Department with descriptive information on contracted clients as requested on forms provided or agreed upon. 3.2 The Service Provider agrees to maintain these Record for three(3)years after final payment. 3.3 The Service Provider understands that acceptance of funds under this contract acts as acceptance of authority of the State Auditor's Office,any successor agency,or the Texas Juvenile Justice Department(TJJD)to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office,its successor,and/or TJJD in the conduct of the auditor investigation, including providing all records requested. Service Provider will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Service Provider and the requirement to cooperate is included in any subcontract it awards. IV. DEFAULT 4.1 The Department may,by written notice of default to the Service Provider,terminate the contract in whole or in part,in any one of the following circumstances: a) If the Service Provider fails to perform the work called for by this Contract within the time specified herein or any extension thereof,or b) If the Service Provider fails to perform any of the other provisions of this Contractor so fails to prosecute the work as to endanger performance of this Contract in accordance with it terms,and in either of these two circumstances does not cure such failure within a period of ten(10)days(or extension as authorized by Department in writing)after receiving notice of default. 4.2 The Department may withhold payment to the Service Provider for any client who has not received services as set forth in this Contract. V. TERMINATION 5.1 This Contract may be terminated by either party by giving ten(10)days written notice to the other party hereto of the intention to terminate. 5.2 Termination of the Client's receipt of services from the Service Provider shall occur only after notifying the Executive Director or his Designee of the case and with sufficient lead time of at least ten(10)days to allow alternate referral for service. VI. LAW AND VENUE 6.1 In any legal action arising under this Contact the laws of the State of Texas shall apply and venue shall be in Brazos County,Texas. VII. OTHER TERMS AND CONDITIONS 7.1 This Contract does not oblige the Department to a sign a specific number of clients to the Service Provider's program,or to utilize the Service Provider. Rather this Contract sets out the applicable terms if Service Provider is utilized. 7.2 Under Section 231.0056,Texas Family Code,the Service Provider certifies that the Service Provider is not ineligible to receive state funds(including the.grant or other source of funding of this Contract)and acknowledge that this Contract may be terminated and payment may be withheld if this certificate is inaccurate. 7.3 Service Provider shall account separately for the receipt and expenditure of state funds paid pursuant to this Contract and shall adhere to Generally Accepted Accounting Principles(GAAP)In accounting,reporting,and auditing of funds received from the Department. 7.4 Service Provider shall comply with all applicable regulatory agency,policies,procedures, and administrative rules. 7.5 Service Provider shall maintain current license certification,registration,or other - necessary regulatory permits. 7.6 Service Provider is an independent contractor and is not intended to be,and shall not be an employee,partner,or joint venture of the Department for any purpose.Service Provider shall not be treated as an employee of the Department for purposes of tax withholding,insurance retirement or other benefits..Service Provider is solely responsible • for all taxes relating to payment to it under this agreement and maintains its own insurance policy. VIII. REPRESENTATIONS&WARRANTIES 8.1 Service Provider hereby represents and warrants the following: A. That it is has all necessary rights,title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas;that it holds all necessary licenses and staff certifications to provide the type(s)of services being contracted for;that it is in compliance with all statutory and regulatory requirements for the operation of its business;that there are not taxes due and owing to the State of Texas,The County of Brazos,or any political subdivision thereof;and that it is a vendor in good standing with the Texas Comptroller of Public Accounts. C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions,as well as for any potential liabilities that arise from or related to this Agreement; D. That all its employees,interns,volunteer,subcontractors,agents and/or consultants will be properly trained to report allegations or Incidents of abuse,exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegation. 8.2 Service Provider agrees to keep all information provided by the Department and or obtained during the examination confidential. 8.3 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. IX. INSURANCE REQUIREMENTS 9.1 Service Provider shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance must be issued and then approved by • Brazos County Risk Management.The Certificate of Insurance must be approved by Risk Management before any services can be rendered. 9.2 The Provider shall furnish and keep in full force the following insurance during the term of this Contract: A. Professional Liability(Errors and Omissions)Insurance appropriate to the services being provided,with limit no less than$1,000,000 per occurrence or claim,$2,000,000 aggregate. If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, Brazos County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Provider.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Brazos County. B. Abuse and molestation insurance as an endorsement to the professional liability policy in a form and with coverage that are satisfactory to covering damages arising out of actual or threatened physical abuse,mental injury,sexual molestation,negligent:hiring, employment,supervision,investigation,reporting to proper authorities,and retention of any person for whom the Provider is responsible including but not limited to Provider and Provider's employees and volunteers.Policy endorsement's definition of an insured shall include the Provider,and the Provider's employees and volunteers.Coverage shall • be written on an occurrence basis in an amount of not less than$1,000,000 per occurrence.Any annual aggregate limit shall not be less than$1,000,000.These limits shall be'exclusive to this required coverage.Incidents related to or arising out of physical abuse,mental injury,or sexual molestation,whether committed by one or more individuals,and irrespective of the number of incidents or injuries or the time period or area over which the incidents or injuries occur,shall be treated as a separate occurrence for each victim.Coverage shall include the cost of defense and the cost of defense shall be provided outside the coverage limit. C. Automotive Liability with$300,000 CSL for Bodily Injury and$100,000 Property Damage Liability with Brazos County named as an additional insured. 9.3 All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Service.Provider receives notification of award. 9.4 The Provider agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Provider's employees and the operation of his equipment. The.Provider also agrees to hold harmless Brazos County from any and all expenses,including attorney fees,incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a.result of the Provider's employees'activities. • Further,the Provider agrees to protect, Indemnify,and hold harmless Brazos County from and against all claims,demands and causes of action of every kind and character brought by any employees of the Provider against Brazos County,due to personal injuries and/or death to such employee resulting from any neglect act,by either commission or omission on the part of the Provider or Brazos County. X. PRISON RAPE ELIMINATION ACT 10.1 The Service Provider shall comply with all federal,state,county,and city laws ordinances, regulations and standards applicable to the provision of services described herein and the performances 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 assault of incarcerated persons,including juveniles,and addresses the detection,elimination,prevention,and reporting of sexual assault In facilities housing adult and juvenile offenders. Xl. CONTRACT PERIOD 11.1 The contract period will begin on June 1,2024,and will terminate on May 31, 2025. This Contract automatically renews the following year unless terminated by either party in accordance with Sec.5.1 and 5.2. "DEPARTMENT" "SERVICE PROVIDER" Brazos CountyJuvenile Services Texas P ices Linda Ricketson,Director Maria Hubbard,Forensic Polygraph Examiner Lic.#1146 "AUTHORIZED • Duane Peters,County Judge,Juvenile Board Chair BRAZOS COUNTY COMMISSIONERS COURT ON S'EP'Tlc''Itn c , 20 a , FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE FULL FO• E AND EF' OF AN ORIGINAL. L By: Duane Peters,County Judge 200 S.Texas Ave.,Ste.332 Bryan,TX 77803 Phone:979-361-4102 Fax:979-361-4503 i:t : Dedrone® Dedrone Holdings, Inc. END CUSTOMER AGREEMENT Last Updated May 2024 This End Customer Agreement(this "Agreement") is the main agreement between Dedrone Holdings, Inc., a Delaware corporation having its principal place of business at 45662 Terminal Drive,#110, Sterling,VA, USA, 20166 ("Dedrone")and the end customer and user of Dedrone's products("Customer"). If Customer registers for a free trial or Proof of Concept(POC),then this Agreement will also govern the free trial or POC. By accepting this Agreement, including by executing a Purchase Order(as defined below) that references this Agreement, Customer agrees to the terms of this Agreement. If Customer and Dedrone have executed a written agreement governing Customer's purchase and use of the Products (as defined below), then the terms of such signed agreement will govern and will supersede this Agreement. This Agreement is effective as of the earlier of the date that Customer accepts the terms of this Agreement as indicated above or first accesses or uses any of the Products(the"Effective Date"). Dedrone reserves the right to modify or update the terms of this Agreement in its discretion, and it is Customer's responsibility to check our website periodically for changes, which will be effective thirty(30)days after we have posted them on our website. Customer's continued use of the Products following the effective date of any such update constitutes acceptance of those changes.Dedrone and Customer hereby agree as follows: I. DEFINITIONS The definitions of certain capitalized terns used in this Agreement are set forth below. Others are defined in the body of the Agreement. "Affiliate" means, with respect to an entity, any entity or person which directly or indirectly controls,is controlled by,or is under common control with that entity. "Collected Data" has the meaning ascribed to it in Section 9.1, below. "Dedrone Data" means data that Dedrone maintains regarding a wide variety of drone models and manufacturers in the marketplace (what Dedrone calls its"DedroneDNA", formerly "DroneDNA"), as well as usability information that Dedrone collects regarding the performance of the Software and Hardware, aggregate or de-identified Collected Data compiled or used by Dedrone in accordance with Section 9.2, and any other information that Dedrone makes available to Customer by means of the Software. "Documentation" means the written or online documentation regarding the Products made available by Dedrone. "Hardware" means the Dedrone drone detection hardware sensor products and Dedrone's DroneDefender product that are set forth on a Purchase Order, and does not include any Third- Party Hardware(as defined below). "License"has the meaning ascribed to it in Section 2.1. "License Term"means the length of the License(s)set forth on the applicable Purchase Order. "Products" means, collectively, the Software, Hardware, Documentation, and all modifications, updates,and upgrades thereto and derivative works thereof. "Purchase Order" means each order document submitted to Dedrone by Customer(or a Partner), and accepted by Dedrone, indicating Customer's (or Partner's)firm commitment to purchase the Products and for the prices listed thereon. Each Purchase Order, when accepted by Dedrone, will be incorporated into this Agreement by reference. "sensor" means a radio frequency,video, radar or other hardware sensor for drone detection purchased by Customer from Dedrone or obtained from any 3rd party vendor. "Service Level Agreement" means the Service Level Agreement attached hereto as Exhibit A, which defines availability of the Software when deployed as a SaaS solution hosted by Dedrone. "Software"means (i) Dedrone's proprietary drone-tracking software, known as DedroneTracker (formerly DroneTracker), whether deployed on-premise or hosted by Dedrone as a cloud-based solution, (ii) Dedrone's video analytics software (currently known as Analytics Server), and/or(iii) software and/or firmware deployed or installed on the Hardware or available for download and installation onto Customer's Third-Party Hardware. "Subscription"means a License Term for Hardware and Software that is time-based and for which Customer makes periodic payments to Dedrone(e.g., monthly)instead of a one-time license fee payment. "Support"means the technical support services with respect to Software set forth on Exhibit B. "Third-Party Hardware" means hardware products owned by Customer or purchased by Customer from third parties that are used by Customer in conjunction with the Software. "users"means individuals or entities that are authorized by Customer to use the Products. 2, LICENSE AND RESTRICTIONS 2.1 License.Subject to the terms of this Agreement, Dedrone grants Customer a royalty-free, nonexclusive, nontransferable, worldwide right during each License Term to download and/or use the Software, including the Dedrone Data, subject to the terms of this Agreement(the"License"). Customer must purchase a License to the Software for each unit of Hardware and/or Third-Party Hardware it uses with the Software.Accordingly,Customer may only use the Software with up to the number and type of Hardware and/or Third-Party Hardware units specified on the applicable Purchase Order, however Customer may authorize an unlimited number of Users to access and use the Software. If Customer purchases additional Licenses during a current License Term, the License Term of the new License(s)will be pro-rated to terminate at the end of the then-current License Term. DedroneTracker software is commercial software developed at private expense and is subject to the terms of Dedrone's then-current End User License Agreement ("EULA"), or, if licensed as a service, Dedrone's then-current Terms of Service ("ToS"). If Dedrone provides Customer with other software to which neither the EULA or the ToS apply,then the terms of this ECA apply to Customer's use of such software. 2.2 Restrictions. Customer will not: (i) use (or allow a third party to use)the Products in order to monitor the availability, security, performance, or functionality of the Products, or for any other benchmarking or competitive purposes without Dedrone's express written consent; (ii) market, sublicense, resell, lease, loan, transfer, or otherwise commercially exploit the Products; (iii) modify, create derivative works, decompile, reverse engineer, attempt to gain access to the source code, or copy the Products or any of their components; or (iv) use the Products to conduct any fraudulent, malicious, or illegal activities;.or(v) use the Products in contravention of any applicable laws or regulations,as further set forth in Section 5.1 (each of.(i)through(iv),a"Prohibited Use"). 3. HARDWARE WARRANTIES; RETURNS . 3.1 General. Dedrone represents to the original purchaser of the Hardware that for a period of one year from the date of shipment to the location specified on the Purchase Order, the Hardware will be substantially free of defects in materials and workmanship (the "Limited Warranty"). By way of clarification, this Limited Warranty does not apply to Dedrone's DroneDefender product, which is sold under separate ten(10)day warranty terms and conditions. • 3.2 Remedies.Customer's sole and exclusive remedy and Dedrone's(and its suppliers' and licensors')sole and exclusive liability for a breach of the Limited Warranty will be, in Dedrone's sole discretion, commercially reasonable efforts to repair or replace the non-conforming Hardware. Repair or replacement may be made with a new or refurbished product or components. If the Hardware or a component within it is no longer available, then Dedrone may replace the Hardware unit with a similar product of similar function.Any Hardware unit that has been repaired or replaced under the Limited Warranty will be covered by the terms of the Limited Warranty for the longer of(a) ninety(90)days from the date of the delivery or the repaired Hardware unit or its replacement,or(b)the remainder of the original one-year Limited Warranty period. 3.3 Returns.To request a return under the Limited Warranty, Customer must notify Dedrone within the Limited Warranty period.To initiate a return, Customer must send a return request to Dedrone at support@dedrone.com and clearly state details on where and when Customer purchased the Hardware, the serial numbers of the applicable Hardware unit(s), Customer's reason for returning the Hardware,and Customer's name, mailing address,email address,•and daytime phone number. If approved in Dedrone's sole discretion,'Dedrone will provide Customer with a Return Materials Authorization ("RMA") and prepaid shipping label via email that must be included with Customer's return shipment to Dedrone.Customer must return the Hardware unit(s)listed in the RMA with all included accessories with the RMA within the 14 days following the day on which Dedrone issued the RMA. Dedrone will either repair or replace the Hardware in its sole discretion. Notwithstanding the foregoing, if Customer purchased the Product from a reseller, Customer may contact its reseller to arrange for the return. 3.4 Subscription Replacements and Returns.The warranty and support obligations with respect to Hardware licensed by Customer on a Subscription basis are set forth in the Airspace Security- as-a-Service Addendum attached hereto. 4, DEDRONE OBLIGATIONS 4.1 General. Dedrone is responsible for providing the Products in conformance with this Agreement,the Purchase Order(s),and applicable Documentation. 4.2 Availability. Dedrone uses its commercially reasonable efforts to ensure that the Software it hosts as a cloud-based solution is available in accordance with the terms of the Service Level Agreement,which sets forth Customer's remedies for any interruptions in the availability of the Software. 4.3 Support.If Customer experiences any errors, bugs,or other issues in its use of the Software Products,then Dedrone will provide Support in order to resolve the issue or provide a suitable workaround as described in Exhibit B. The fee for Support is included in the cost of the License. In order to ensure efficient communication, Customer will designate no more than three representatives to contact Dedrone's Support team (the"Customer Support Contacts").As part of Dedrone's delivery of Support and training, Customer understands that Dedrone may access and use Customer's account at its request. • 5. CUSTOMER OBLIGATIONS 5.1 Compliance. Customer will use the Products only in accordance with applicable specifications (the "Specifications") and in compliance with all applicable laws, including all applicable export laws and regulations of the United States or any other country. Customer acknowledges that due to the nascent nature of drone detection and mitigation technologies applicable laws and regulations may be changing or emerging over time, and agrees that it is Customer's responsibility to keep itself aware and remain compliant with the current laws and regulations that may apply, including but not limited to those that may apply to advanced features available at Customer's option in the Software. Customer will ensure that none of the Products are directly or indirectly exported, re-exported, or used to provide services in violation of such export laws and regulations. Dedrone reserves the right to suspend use of any Products operating in violation of such laws, following written notice to Customer(in the form of an email). If Customer uses a radio jammer, or any other controlled device, in connection with the Software, Customer represents to Dedrone that it is authorized to do so by the relevant authorities, that it will do so only in accordance with such authorization,and it will provide supporting documentation regarding such authorization • upon request. Customer may be required to obtain legal authorization before any purchase or use of hardware sold by third parties. Dedrone shall not be liable if any government export authorization is delayed, denied, revoked, restricted or not renewed, nor shall any such delay, denial, revocation, restriction or non-renewal shall not constitute a breach of the Agreement by Dedrone. 5.2 Computing Environment. Customer is responsible for the maintenance and security of its own network and computing environment that it uses to host and/or access the Products and for ensuring that any Third-Party Hardware meets the necessary specifications for use with the Software. 6. TERM AND TERMINATION 6.1 Term.The term of this Agreement will commence on the Effective Date and will continue for a period of three years (the "Initial Term"), regardless of whether Customer has any active Licenses to the Products.Thereafter this Agreement will automatically renew for successive one-year periods (each a "Renewal Term" and together with the Initial Term, the "Term") unless either party provides 60 days prior written notice of its intent not to renew the then-currentTerm. 6.2 Termination for Cause. Either party may terminate this Agreement or any License Term for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of the 30-day period,or(ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. 6.3 Effect of Termination. If Dedrone terminates this Agreement or any License Term in accordance with Section 6.2, then Customer will pay Dedrone any unpaid fees covering the.License Term up until the date of termination. If Customer terminates this Agreement or any License Term in accordance with Section 6.2, then Dedrone will refund Customer a pro rata portion of any prepaid fees allocable to the remaining LicenseTerm. 6.4 Survival. The following provisions will survive any expiration or termination of the Agreement:Sections 8;9;7 0; 12;and 13. 7. FEES AND SHIPPING 7.1 Fees.If Customer purchases the Products directly from Dedrone,then Customer will pay the fees for the Products set forth on the applicable Purchase Order. Any terms included by Customer on a Purchase Order that conflict with the terms of this Agreement will not be binding on Dedrone. Following acceptance of the Purchase Order,and shipment of the Products,Dedrone will submit an invoice to Customer for the Products, and payment will be due 30 days from the date of the invoice or upon the payment schedule set forth in the invoice with respect to Subscription license purchases(the"Due Date").All Hardware will be shipped FCA, unless specified otherwise,with • ownership passing at the point of shipment,to the location specified on the Purchase Order. If Customer purchases the Products from a reseller or other channel partner of Dedrone,then all payment and shipping terms will be as agreed between Customer and such partner. 7.2 Overdue Charges.If any undisputed, invoiced amount is not received by Dedrone by the Due Date, then (i) those charges may accrue late interest at the rate of 3.0% of the outstanding balance per month, or the maximum rate permitted by law,whichever is lower,and (ii)Dedrone may condition the purchase of future Products on receipt of payment for previous Product and/or payment terms shorter than those specified on the previous Purchase Order. 7.3 Taxes.The fees payable hereunder are exclusive of any sales taxes (unless included on the invoice), or similar governmental sales tax type assessments, excluding any income or franchise taxes on Dedrone (collectively, "Taxes")with respect to the Products provided to Customer. Customer is solely responsible for paying all Taxes associated with or arising from this Agreement and shall indemnify, hold harmless and reimburse Dedrone for all Taxes paid or payable by, demanded from,or assessed upon Dedrone. 8. CONFIDENTIALITY 8.1 Confidential Information. Except as explicitly excluded below, any information of a confidential or proprietary nature provided by a party(the"Disclosing Party") to the other party (the"Receiving Party")constitutes the Disclosing Party's confidential and proprietary information ("Confidential information"). Dedrone's Confidential Information includes the Products and any information conveyed to Customer in connection with Support. Customer's Confidential Information includes Collected Data. Confidential Information does not include information which is (i) already known by the receiving party without an obligation of confidentiality other than pursuant to this Agreement; (ii) publicly known or becomes publicly known through no unauthorized act of the Receiving Party; (iii) rightfully received from a third party without a confidentiality obligation to the Disclosing Party; or (iv) independently developed by the Receiving Partywithout access to the Disclosing Party's Confidential Information. 8.2 Confidentiality Obligations. Each party will use the Confidential Information of the other party only as necessary to perform its obligations under this Agreement,will not disclose the Confidential Information to any third party, and will protect the confidentiality of the Disclosing Party's Confidential Information with the same standard of care as the Receiving Party uses or would use to protect its own Confidential Information, but in no event will the Receiving Party use less than a reasonable standard of care. Notwithstanding the foregoing, the Receiving Party may share the other party's Confidential Information with those of its employees, agents and representatives who have a need to know such information and who are bound by confidentiality obligations at least as restrictive as those contained herein (each, a"Representative"). Each party shall be responsible for any breach of confidentiality by any of its Representatives. ,8.3 Additional Exclusions.A Receiving Party will not violate its confidentiality obligations if it discloses the Disclosing Party's Confidential Information if required by applicable laws, including by court subpoena or similar instrument so long as the Receiving Party provides<the Disclosing �Lr[;a; Dedrone Party with written notice of the required disclosure so as to allow the Disclosing Party to contest or seek to limit the disclosure or obtain a protective order. If no protective order or other remedy is obtained, the Receiving Party will furnish only that portion of the Confidential Information that is legally required, and agrees to exercise reasonable efforts to ensure that confidential treatment will be accorded to the Confidential Information so disclosed. 8.4 Notwithstanding anything herein, so long as Customer is not a government entity, Dedrone has the right to reference Customer as one of its clients in promotional materials, and Customer grants Dedrone a non-exclusive, non-transferable, non-assignable, revocable right and license to use Customer's company name and logo for such purposes. 9. DATA PROTECTION 9.1 Data. If Customer purchases a subscription to Software, as part of its operation, the Software may collect and send to servers owned, operated or controlled by Dedrone data or other information regarding Customer's use of the Software, which may include () information generated by each Sensor deployed by Customer, including information related to the date, time, and duration of the detection of the drone, as well as the locations of the detected drones and remote controls and of the Sensor itself(collectively,"Sensor Data"), (ii)video recording of the detected drones, including flight path ("Video Data"), and (iii) User login information, including name,.email, username, and password (collectively, "User Data" and together with Sensor Data and Video Data, "Collected Data"). 9,2 Use of Collected Data. Dedrone will have the right to collect(i) information generated by each deployed Sensor, including information related to the date, time, and duration of the detection of the drone, as well as the locations of the detected drones and remote controls and of the Sensor itself(collectively, "Sensor Data"), (ii) video recording of the detected drones, including flight path ("Video Data"), and (iii) User login information, including name, email, username, and password ("User Data").User Data. Dedrone may use Sensor Data and Video Data tothe extent it does not include User Data as it sees fit. Dedrone may only use User Data for the following purposes: (i) provide or improve any Product; (ii)analyze or improve any Product or the performance of any Product; or(iii) compile or use aggregate or de-identified User Data or metrics derived from User Data, including without limitation in combination with the aggregate or de-identified customer data of other customers, and share such aggregated and de- identified data or metrics with government or law enforcement entities,with or without compensation. . You acknowledge that Dedrone may learn from the performance or use of any Product, and that Dedrone shall have the sole right to exploit any modification, enhancement or improvement of any Product resulting from such learning. In addition, Dedrone will disclose rr LLE] Dedrone User Datawhere Dedrone,in good faith,believes that the law or legal process(such as a court order,search warrant or subpoena)requires Dedrone to do so. 9.3 Security. Dedrone maintains industry standard physical, technical, and administrative safeguards(the"security Measures") in order to protect Collected Data. 9.4 No Access. Except for the Collected Data, Dedrone does not(and will not)collect, process, store, or otherwise have access to any personal information, about Users or users of Customer's products or services. rr `L�JJJ Dedrone I0. OWNERSHIP 10.1 Dedrone Property. Dedrone owns and retains all right, title, and interest in and to the Dedrone Data, the Software, and all intellectual property embodied in the Hardware. Except for the limited license granted to Customer in Section 2.1, Dedrone does not by means of this Agreement or otherwise transfer or license any rights in the Products to Customer,whether by implication, estoppel or otherwise. To the maximum extent permitted by applicable law Customer will take no action inconsistent with Dedrone's intellectual property rights in the Products or any Dedrone Data. 10.2 Customer Property. Customer owns and retains all right, title, and interest in and to the Collected Data and does not by means this Agreement or otherwise transfer any rights in the Collected Data to Dedrone,except for the limited rights set forth in Section 9.2. II. INDEMNIFICATION 11.1 By Dedrone. Dedrone will indemnify, defend, and hold Customer, its Affiliates, and their respective owners, directors, members, officers, and employees (collectively, "Customer Indemnitees") harmless from and against any claim, action, demand, suit or proceeding (each, a "claim") made or brought by a third party against any of the Customer Indemnitees alleging that Customer's use of the Products infringes or misappropriates any patent, trademark, copyright, or any other intellectual property of such third party. Dedrone will pay any damages finally awarded against any Customer Indemnitees by a court of competent jurisdiction as a result of any such Claim, or any final settlement of such Claim,,so long as Customer (i) gives Dedrone prompt written notice of the Claim, (ii)gives Dedrone sole control of the defense and settlement of the Claim (provided that Dedrone may not settle any Claim without the Customer Indemnitee's written consent,which will not be unreasonably withheld), and (iii) provides to Dedrone all reasonable assistance, at Dedrone's request and expense. If Customer's right to use the Products hereunder is, or in Dedrone's opinion is likely to be, enjoined as the result of a Claim, then Dedrone may, at Dedrone's sole option and expense procure for Customer the right to continue using the Products under the terms of this Agreement, or replace or modify the Products so as to be non-infringing and substantially equivalent in function to the claimed infringing or enjoined Products. Dedrone will have no indemnification obligations under this Section 11.1 to the extent that a Claim is based. on or arises from: (a) use of the Products in a manner other than as expressly permitted in this Agreement; (b)any alteration or modification of the Products except as expressly authorized by Dedrone; (c) the combination of the Products with any other software, product, or services (to the extent that the alleged infringement arises from such combination); or(d)where the Claim arises out of specifications provided by Customer.This Section 11.1 sets forth Dedrone's sole and exclusive liability, and Customer's exclusive remedies, for any Claim of infringement or misappropriation of intellectual property. 11.2 By Customer. Customer will indemnify, defend, and hold harmless Dedrone, its Affiliates, and their respective owners, directors, members, officers, and employees (together;the"Dedrone Indemnitees")from and against any Claim related to(a)Customer's or a User's engaging in a Prohibited Use, (b) any and all acts or omissions of its Users, and (c) Customer's reliance on use of :: Dedrne any Product or application of any data arising from use of any Product.Customer will pay any settlement of and any damages finally awarded against any Dedrone lndemnitee by a court of competent jurisdiction as a result of any such Claim so long as Dedrone (I) gives Customer prompt written notice of the Claim, (ii)gives Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle any Claim without Dedrone's prior written consent which will not be unreasonably withheld), and (iii) provides to Customer all reasonable assistance, at Customer's request and expense. • 12. LIMITATIONS OF LIABILITY 12.1 Disclaimer. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, DEDRONE MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO ANY PRODUCT OR THIRD-PARTY HARDWARE, OR ANY MATERIAL OR SERVICE FURNISHED OR PROVIDED TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT, INCLUDING UPDATES OR SUPPORT.WITHOUT LIMITING THE FOREGOING, DEDRONE HEREBY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR TITLE. DEDRONE DOES NOT WARRANT THAT ANY PRODUCT WILL MEET CUSTOMER'S NEEDS OR EXPECTATIONS, THAT USE OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED.WITHOUT LIMITING THE FOREGOING, DEDRONE DOES NOT GUARANTEE ANY RESULT OF ANY PRODUCT,AND IN NO•EVENT SHALL DEDRONE BE LIABLE TO CUSTOMER FOR CUSTOMER'S RELIANCE ON USE OF ANY PRODUCT OR APPLICATION OF ANY DATA ARISING FROM USE OF ANY PRODUCT.WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT PRODUCTS ARE NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE IN WHICH THE FAILURE OF SUCH PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE OR ENVIRONMENTAL DAMAGE(COLLECTIVELY, "HIGH RISK ACTIVITIES"). DEDRONE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED GUARANTEE OF FITNESS FOR SUCH HIGH RISKACTIVITIES. 12.2 Limitation of Liability. EACH PARTY HERETO AGREES THAT WITH THE EXCEPTION OF THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 11, THE CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8,AND ABSENT GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE OTHER PARTY(COLLECTIVELY, "EXCLUDED CLAIMS"), NEITHER THE OTHER PARTY NOR ITS AFFILIATES NOR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES OF ANY OF THEM WILL BE LIABLE TO SUCH PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, THAT MAY ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR COSTS OCCURRING. AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT,TORT, NEGLIGENCE,STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. 12.3 Liability Cap. EXCEPT WITH RESPECT TO EXCLUDED CLAIMS, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF EITHER PARTY, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,AGENTS AND REPRESENTATIVES,TO THE OTHER PARTY FOR ANY AND ALL DAMAGES, INJURIES,AND LOSSES ARISING FROM ANY AND ALL CLAIMS ANDCAUSES OF rr Dedrone ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO DEDRONE UNDER THIS AGREEMENT DURING THE 24-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. IN THE CASE OF EXCLUDED CLAIMS, SUCH LIMIT WILL BE EQUAL TO THREE TIMES THE TOTAL AMOUNT PAID BY CUSTOMER TO DEDRONE UNDER THIS AGREEMENT DURING THE TERM. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE THE CLAIMANT'S SOLE AND EXCLUSIVE REMEDY. • 13. GOVERNING LAW; ARBITRATION This Agreement is governed by the laws of Texas without reference to conflicts of law rules. Any dispute, claim or controversy in connection with this Agreement, including any questions regarding its formation, existence, validity, enforceability, performance, interpretation, breach or termination, shall be resolved by a final, binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association. The following parameters shall apply to the arbitration: (i) the arbitration shall be decided by one (1) arbitrator appointed in accordance with such rules; (ii) the place of the arbitration shall be in Texas, USA; (iii) the language of the arbitration shall be English; (iv) at any time, Customer or Dedrone may seek or obtain preliminary, interim or conservatory measures from the arbitrator or from a court of competent jurisdiction; and (v) Customer and Dedrone shall bear equally the cost of the arbitrator. Notwithstanding the foregoing, any dispute in respect of ownership,validity, enforceability or infringement of any patent or patent application (a "Patent Dispute'), whether owned or controlled by Customer or Dedrone,will be resolved by a court of competent jurisdiction or before the applicable administrative agency and not by arbitration. Any claims brought by Customer or Dedrone must be brought in that parry's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Neither Customer nor Dedrone will participate in a class action or class-wide arbitration for any claims covered by this Agreement. For any preliminary, interim or conservatory measures or any Patent Dispute (other than any Patent Dispute that must be resolved before any administrative agency or a court of a jurisdiction outside of the USA), Customer and Dedrone each consent to the non-exclusive personal jurisdiction of the state or federal courts for Texas, USA and each hereby waive any claim of forum non conveniens or that such venue is inappropriate. 14. MISCELLANEOUS This Agreement is the entire agreement between Customer and Dedrone and supersedes all prior agreements and understandings concerning the subject matter hereof. Customer and Dedrone are independent contractors,and this Agreement will not establish any relationship of partnership, rr • joint venture, or agency between Customer and Dedrone. Failure to exercise any right under this Agreement will not constitute a waiver.There are no third-party beneficiaries to this Agreement. Any notice provided by one party to the other under this Agreement will be in writing and sent either(i) by overnight courier or certified mail (receipt requested), in the case of Customer to Customer's address on record in Dedrone's account information and in the case of Dedrone, to the address listed above, or (ii) by electronic mail to Customer's email address on record in Dedrone's account information or to Dedrone at support@dedrone.com. If any provision of this Agreement is found unenforceable, the Agreement will be construed as if such provision had not been included. Neither party may assign this Agreement without the prior, written consent of the other party, except that either party may assign this Agreement without such consent in connection with an acquisition of the assigning parry or a sale of all or substantially all of its assets.This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Facsimile or other electronic copies of such signed copies will be deemed to be binding originals. • EXHIBIT A SERVICE LEVEL AGREEMENT 1. Definitions. For purposes of this Service Level Agreement,the following terms have the meaning ascribed to each term below: "Emergency Downtime"means such time as the Software is offline due to a short-term emergency condition. "Downtime"means time when Customer is unable to access the Software by means of aweb browser and/or API as a result of failure(s)in the Software or architecture,as confirmed by Dedrone,except not including Excused Downtime. "Excused Downtime"means any downtime that is Maintenance Downtime or Emergency Downtime. "Maintenance Downtime"means such time as the Software is offline or unavailable for regularly scheduled system maintenance or migration of customer data. "Monthly Uptime Percentage"means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month,divided by the total number of minutes in a calendar month. "Service Credit"means the number of days that Dedrone will add to the end of the applicable License Term,at no charge to Customer. 2, Service Level Warranty. During the Term,the Monthly Uptime Percentage will be at least 99.9%in any calendar month(the "Service Level Warranty"). If the Monthly Uptime Percentage does not meet the Service Level Warranty in any calendar month,and if Customer meets its obligations underthis Agreement,then Customer will be eligible to receive Service Credit as follows: Monthly Uptime Percentage:<99.9%- a99.0%Days Credited: 3 Monthly Uptime Percentage:<99.0%- >_95.0%Days Credited: 7 Monthly Uptime Percentage:5 95.0%Days Credited:1 5 3, Customer Must Request Service Credit. In order to receive Service Credit, Customer must notify Dedrone (at support@dedrone.com)within 30 days from the time Customer becomes eligible to receive a Service Credit under the terms of this Agreement. Failure to comply with this requirement will forfeit Customer's right to receive Service Credit. 4. Maximum Service Credit.The aggregate maximum amount of Service Credit to be issued by Dedrone to Customer for all Downtime that occurs in a single calendar month will not exceed 15 days.Service Credit may not be exchanged for,or converted into,monetaryamounts. 5. Exclusions.The Service Level Warranty does not apply to any performance issues that(i) are caused by riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, earthquakes, or any other causes that are beyond Dedrone's reasonable control (including any problems beyond the demarcation point of Dedrone's hosting infrastructure) so long as Dedrone uses commercially reasonable efforts to mitigate the effects of such force majeure, (ii) resulted from Customer's equipment or third party equipment or service (e.g. Customer's internet connection),or both,or(iii)resulted from Customer's violation of the Agreement. 6. Exclusive Remedy.This Agreement sets forth Customer's sole and exclusive remedy for any failure by Dedrone to meet the Service Level Warranty. EXHIBIT B SUPPORT TERMS This Support Services Exhibit sets forth the terms on which Dedrone provides technical support ("Support")to Customer(the"Support Terms"). 1. Definitions "Error"means a failure of the Software to conform to the published specifications, resulting in the inability to use,or material restriction in the use of,the Products. "Escalation"means the process by which Dedrone will work continuously, and at thultiple levels of its organization, to resolve an Error if not resolved within the specified Resolution Time set forth in Section 4, below. "Start Time"means the time at which Dedrone first becomes aware of an Error during Dedrone's regular business hours, following initiation of a Support case by Customer in accordance with Sections 2 and 3, below. L:: Dedrone 2. General. During a License Term, Dedrone will provide the Support described in these Support Terms via telephone number or email described below twenty-four (24) hours per day, seven (7)days per week unless otherwise mutually agreed upon in writing.- 3. Contacts. The Customer Support Contacts may initiate a Support case by emailing support@dedrone.com. Emergency cases must be opened via phone at 1+(480) 447 1 51 7. Customer may initiate an unlimited number of Support cases. 4. Software: Priority Levels and Timeframes. For Dedrone Software Products,.Dedrone will establish the Priority Level of an Error and the corresponding Support case in its sole discretion and will use its commercially reasonable efforts to adhere to the Response Times and Resolution Times set forth below during the hours set forth in Section 2,above.if an Error is not addressed within the Resolution Time set forth below, Dedrone will commence an Escalation. PRIORITY DESCRIPTION RESPONSE RESOLUTION LEVEL TIME TIME 1 Major Impact:Software Products are inoperable or 4 8 the performance of the Software Products are so business business • severely reduced that Customer cannot reasonably hours hours continue to use the Software Products because of the Error,the Error cannot be circumvented with a workaround,and it affects Customer's ability to perform its business. 2 Moderate Impact:Performance is significantly 8 24 degraded such that Customer's use of the Software business business hours Products are materially impaired,but the Error can hours be circumvented with a workaround. 3 Minor Impact:Customer is experiencing a 16 40 performance, operational, or functional issue in its business business use of the Software Products that can be hours hours circumvented with aworkaround,and the Error causes only minimal impact to the Customer's ability to use the Software Products. 4 General Questions:No issue with performance or 24 72 operation of the Software Products.These include business business standard questions on the API configuration, hours hours dashboard functionality,enhancement requests,or documentation clarification. Dedrone 5. Conditions,Exclusions,and Termination.In addition to the foregoing terms of Support: (a) Conditions. Dedrone's obligation to provide Support is conditioned upon the following: (i) Customer makes reasonable efforts to solve the Error after consulting with Dedrone; (ii) Customer provides Dedrone with sufficient information and resources to correct the Error, as well as any and all assistance reasonably requested by Dedrone; and (iii) Customer procures, installs, and maintains all equipment, telephone lines, communication interfaces and other hardware necessary to access and operate the Products. (b) Exclusions. Dedrone is not obligated to provide Support in the following situations: (i)the problem is caused by Customer's negligence, hardware malfunction, or other causes beyond the reasonable control of Dedrone; or (ii) the problem is with third party software not licensed through Dedrone. (c) Termination.Dedrone reserves the right to conclude its performance of a Support case when, in its reasonable discretion, Dedrone determines that it has provided a satisfactory resolution or workaround to the Error. Dedrone Addendum for Airspace Security-as-a-Service (ASaaS) Last updated: March 2021 I. TERMS AND CONDITIONS. • This Dedrone Addendum for Airspace Security-as-a-Service("Addendum')is an Addendum to the End Customer Agreement between Customer and Dedrone(the"ECA")and sets forth the terms and conditions that apply when Dedrone provides its Airspace Security-as-a-Service("ASaaS"or the"Service")to Customer,pursuant to an applicable Quotation issued to Customer by Dedrone (the"Quotation"). Each undefined,capitalized term used in this document will have the meaning set forth in the ECA.This Addendum only covers ASaaS.Any additional products or services requested by and provided to Customer.by Dedrone are subject to Dedrone's terms, conditions and fees applicable to such additional services and products. 2. DESCRIPTION, 2.1 Airspace Security-as-a-Service. Dedrone's Airspace Security-as-a-Service Product consists of the specific Dedrone Hardware(for example, an RE-160 or RF-360 Sensor)and Software described in Customer's Quotation and is provided on a subscription basis(the"Subscription"). 2.2 Use During Subscription Term. Upon execution of Quotation and payment of applicable Fees, Customer shall be granted a non-exclusive, non-transferable and non-sublicensable license Dedrone for the Term(as defined below)to use the Service identified in the Quotation.Any Software provided by Dedrone to Customer is licensed for Customer's use pursuant to the terms of the ECA.Use of Dedrone ASaaS is personal to the Customer named in the Quotation.Customer may not transfer,sub-lease,use as a service bureau or otherwise use Dedrone ASaaS on behalf of any other entity,or permit any other entity to use Dedrone ASaaS. 2.2 Warranty;End of Life.At no additional charge during the Subscription Term, Dedrone will provide Customer with: (i) repair or replacement of any Hardware(other than DroneDefender) that does not conform to the Limited Warranty set forth in the ECA during the one (1) year period from first shipment of the Hardware to Customer in accordance with Section 3 of the ECA, provided that Customer foIIows the return procedures set forth in Section 5 below; (ii) technical support for Software in accordance with the Exhibit A("Service Level Agreement")and Exhibit B ("Support Terms")of the ECA; and(iii)any upgrades for the Software that Dedrone generally releases as part of its commercial offerings. Hardware provided in connection with replacement or repair may be refurbished. If Dedrone decides to End-of-Life a particular Hardware Product, it shall notify Customer and provide Customer with a replacement for such Hardware Product at no additional charge. For purposes of this paragraph, "End-of-Life"means that Dedrone, in its sole discretion, has decided it will no longer continue to support such Hardware Product that is provided subject to Subscription. 2.3 Post-Warranty Support.At no additional charge during the Subscription Term, Dedrone will provide the following support for Dedrone Hardware Products (other than DroneDefender): after the one (1) year Limited Warranty from shipment set forth in the ECA has expired, Dedrone will, in Dedrone's sole discretion, use commercially reasonable efforts to repair or replace Hardware that is not substantially free of defects in materials and workmanship. Repair or replacement may be made with a new or refurbished product or components. If the Hardware or a component within it is no longer available, then Dedrone may replace the Hardware unit with a similar product of similar function. Customer must follow the return procedures set forth in Section 5 below. 2.4 Title to Hardware.The Hardware provided as part of the Service is the sole property of Dedrone or its licensors or service providers. Customer will have no rights whatsoever in or to the Hardware other than the right to use during the Subscription Term in accordance with this Addendum. Customer acknowledges and agrees that this Addendum is for a service and nothing herein will be deemed or construed as a lease or other grant or transfer of any real or personal property. 3. PRICING AND PAYMENT. • 3.1 Pricing. Pricing for the Service is set forth in the Quotation. Pricing for the Service beyond the time period set forth in the Quotation may change and, if so, shall be set forth in a renewal notice provided by Dedrone to Customer. 3.2 Payment Payment terms for the Service are subject to the terms and conditions set forth in the Quotation.Customer shall pay Dedrone, or have paid via a distributor or reseller, a monthly ASaaS Subscription Fee (the"Fees') as set forth in the Quotation for the time period stated in the Quotation,and for any subsequent period(s),as set forth in a renewal notice provided byDedrone rr LL�� Dedrone to Customer via written notice(which may be by email as provided in the ECA),on a monthly basis in advance on the first day of each month.Customer acknowledges and agrees that if Dedrone does not receive written notice from Customer of a request for Service termination,then Customer shall continue to pay Dedrone the Total Monthly Fee as long as Customer's account remains active regardless if Customer is using the Service.Fees are non-refundable and there will be no credits for partial months of use or months unused with an open account. 4, TERM AND TERMINATION. 4.1 Term.The term of Customer's Quotation commences on the later of the signature dates set forth on the Quotation ("Effective Date"), and will continue for a the Subscription period set forth on the Quotation,which is a minimum of three(3)months for ASaaS using Dedrone's RF-160 Sensor and a minimum of six (6) months for ASaaS using Dedrone's RF-360 Sensor("Initial Term"), and thereafter, unless otherwise specified in the Quotation, shall automatically renew for successive time periods of equal duration unless and until terminated in accordance with this Addendum(each,a"Renewal Term"and collectively with the Initial Term,the"Term"). 4,2 Termination. Either party may also terminate this Addendum by providing the other party with prior,written notice('Termination Notice")at least thirty(30)days ("Termination Notice Period")prior to the end of the then-current Term("Termination Date"). 4.3 Suspension. Customer acknowledges and understands that Customer's abuse or misuse of the Service could adversely affect Dedrone. Dedrone reserves the right to limit or suspend Customer's use of the Service in the event of any abuse or misuse of the Service by Customer, including, without limitation, any use that Dedrone determines,at its sole discretion, may adversely affect Dedrone. 4,4 Cancellation/Early Termination. Customer's commitment to receive the Service begins on the Effective Date and is effective until the end of the Term. If Dedrone terminates the Quotation due to Customer's non-payment or other default before the end of the Term for the Service, or if Customer cancels the Service prior to the end of the Term for such Service, then Customer shall pay Dedrone on or before the Termination Date, in addition to all other amounts owed pursuant to the Quotation, an early termination fee equal to the Total Monthly Fee as of the date the applicable party received the Termination Notice(based on an average of the Total Monthly Fee for the six (6) month period immediately preceding the date the applicable party received the Termination Notice) multiplied by the number of months remaining in the then-current Term of the Quotation (as of the notice of termination or cancellation) ("Early Termination Fee"). The Early Termination Fee is not a penalty, but rather a charge to compensate Dedrone for Customer's failure to satisfy the service commitment on which Customer's rate plan is based. 5. INSTALLATION AND RETURNS. 5.1 Installation. Customer is responsible for installation of the Service in accordance with Dedrone's specification. Dedrone will provide complimentary Dedrone virtual support for installation of RF-160 Sensors. RF-360 Sensor installation must be completed (at Customer's cost)by aDedrone=authorized trained partner or Dedrone. Dedrone 5.2.Return Procedures.customer must notify Dedrone in writing at support@dedrone.com and clearly state details describing the non-conformance of the Hardware, and clearly state details on where and when Customer purchased the Hardware,the serial numbers of the applicable Hardware unit(s),Customer's reason for returning the Hardware,and Customer's name,mailing address, email address, and daytime phone number. Dedrone will promptly respond to Customer with a repair plan including the projected schedule.If Customer is returning Hardware,Customer must dismantle the Sensor installation and return Sensor in its original packaging or suitable alternative packaging. 5.3 Risk of Loss. Risk of loss for Hardware shall transfer to Customer upon the delivery of the Hardware to the Customer. Customer shall be liable to Dedrone for all damage, other than normal wear and tear,to Hardware. 5.4 Non-Returned Hardware. If the applicable Term has expired,and Customer fails to return the Hardware to Dedrone as required hereunder,then Dedrone will invoice Customer for each such Hardware Product at a rate based on then-current or last suggested retail price, as applicable, and Customer agrees to pay such invoice no later than thirty(30)days from invoicedate. 6. ENTIRE AGREEMENT Except as expressly stated herein, all terms and conditions of the ECA remain unchanged. This Addendum, the ECA and the Quotation set forth the entire agreement between Dedrone and Customer regarding the subject matter. 5909 West Loop South Suite 390 �+ 713-355-2202 Fax: 713-355-3997 psilmology rocur,ora, iNe. Product Proposal. Quote Description: Brazos County Sheriff(Dedrone) Prepared for: Abigail Belangeri Prepared by: Irene Griffith Quote#: 080524IG-BCS Date: September 6,2024 Quote Expiration: October 6,2024 Item Product Number Description Ext.Price Qty. Price I Dedrone/Fixed Site 3YR Subscription 2 DD-ST-O-DFS_BCS Configurable Dedrone FixedSite Solution/ $ 135,000.00 1 $ 135,000.00 Subscription/3YR/Includes the following: 3 DD-SW-8-DTOL-103YR- DedroneTracker.AI software running on cloud S - 1 $SW instance. 4 DD-1-1W-6 AIC1-0000 AI Connector 1.0/P42 rated networking switch for $ 1 $ radar,camera,and RF systems capable of supporting: -Video feeds • -Radar Pannels -RF System 5 AS-HW-1-C620-0000 Axis Q6200 Series PTZ Camera/Axis Q6200 series $ - 1 $camera 6 DD-HW-3-1600-0000 RF-160/Round-shaped passive RF scanner with IP65 $ - 1 $rating and mounting system.includes all necessary hardware and software 7 DD-HW-3-3600-0000 RF-360/Round-shaped passive RF sensor.Capable of $ - 4 $ decoding or MA localization with IP65 rating and mounting system.Includes all necessary 8 9 10 11 Note: 12 The agreement shall be construed according to the laws of the State of Texas. Venue for all purposes shall be in Brazos County,Texas. This paragraph supersedes all other ra hs,clauses,terms and/or conditions 13 Accepted 14 • (i9 134- I5 Terms: Sub-Total $ 135,000.00 Net 30 from Invoice Date Shipping,Two-Day Fed-Ex Insured $FOB DESTINATION Total Order $ 135,000.00 Thank you for the opportunity Enduser Agreement Attached PetroSys Solutions,Inc. DIR-CPO-5297 Irene Griffith Sales Representative _ Brazos County ,, Yea' Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)361-4293 August 13,2024 Agustin Gutierrez Jr. 812 West Dallas Street Conroe,TX 77301 Re:Renewal of Contract#25-01 SR for Sex Offender Treatment Provider for Brazos County. t. Brazos County appreciates the quality work your company has provided and would like to exercise the • renewal option for Sex Offender Treatment Provider 25-015R,previously known as 24-006R and 23 015. All terms,conditions,and pricing shall remain the same. This renewal term will be for one year from October 1,2024 to September 30,2025. • To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to pneison@brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4291. Contact Name: i"/ lt54 1✓t G w ' e r e -Vr- Title: OW n e f' t� E-Mail: Q 177L!/d C &Coy2S0/(% hie 71-relephone:'K 3jP' ' ` I AGUSTIN GUTIERREZ JR. nil • D II orized Signature Date B' • 'OS NTY iti 1 * Duane Peters,County Judge Date Agustin Gutierrez,Jr. Sex Offender Treatment Services Agreement • October 1,2022—September 30,2023 CONTRACT.AND AGREEMENT FOR SEX OFFENDER TREATMENT SERVICES FOR JUVENILE OFFENDERS Agustin Gutierrez,Jr.-Sex Offender Treatment Services October 1,2022.-September 30,2023 This Agreement is entered into by and between Brazos County, acting by and through its duly authorized representative (hereinafter, "Juvenile Probation") and Mr. Agustin Gutierrez, Jr. (Licensed Sex Offender Treatment Provider). PURPOSE 1.00 The purpose of this Service Agreement is to provide Juvenile Probation with sex offender evaluations and treatment for children on deferred prosecution or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. TERM 2.00 The term of this Agreement is for 12 months commencing October 1, 2022 - September 30, 2023,with the option to renew this contract in one(1)year increments for three(3)years. SERVICES 3.01 Mr.Gutierrez will perform the following services of the below along with what was requested • in Exhibit A(RFP 23-015 Sex Offender Treatment Provider): A. Provide and document professional sex offender counseling and treatment. B. Initiate and document meetings and attempted meetings among Juvenile Probation staff and contracted children for the purpose of justifying continued treatment. Justification shall be done at a minimum of every thirty (30) days. A copy of the treatment justification shall be submitted to Juvenile Probation within ten (10) working days. C_ Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of services provided,number of children served,total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection and upon request by the court. 3.02 Mr.Gutierrez shall report on a monthly basis to Juvenile Probation regarding the status of each youth referred.These reports will be reviewed by Juvenile Probation in order to ensure youths'compliance with court ordered treatment. COMPENSATION 4.01 For and in consideration of the above-mentioned services,Juvenile Probation agrees to pay the Agustin Gutierrez the sum of$1,800.00 per psychosexual evaluation and the sum of $130.00 for each counseling session with each youth and or family member(s). While the 1 • �•J, Agustin Gutierrez,Jr. Sex Offender Treatment Services Agreement October 1,2D22—September 30,2023 majority of counseling sessions will be face to face, some counseling sessions may be held virtually. 4.02 Reimbursement for mileage shall be at the county approved rate. 4.03 Reimbursement for driving time shall beat a rate of$70.00 per hour. 4.04 Service Provider will submit an invoice for payment of services to Juvenile Probation on a monthly basis.Said invoice shall be submitted with ten(10)working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control,including but not Iimited 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 When needed,Juvenile Probation shall arrange for polygraphs with the designated vendor in the Bryan,Texas area. 4.06 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. 4.07 Mr.Gutierrez will keep a record of all 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. Mr.Gutierrez will maintain the records(as referenced above)for seven(7)years after the termination of this Agreement. CONFIDENTIALITY OF RECORDS 5.00 Mr.Gutierrez shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re-disclose the information except as required to perform the services to be provided pursuant to this Contract,or as may be required by law. DISCLOSURE OF INFORMATION 6.01 Mr.Gutierrez warrants that,prior to entering this Contract,he 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 Mr.Gutierrez's licensing authorities; B. Any and all litigation filed against Mr. Gutierrez, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with children; 2 • Agustin Gutierrez,Jr. Sex Offender Treatment Services Agreement October 1,2022—September 30,2023 C. Any arrest of any employee, intern,volunteer,subcontractor, agent and/or consultant of Mr.Gutierrez that has direct contact with juveniles; D. Any finding of"season to Believe" by a state regulatory agency in a child abuse,neglect and/or exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Mr. Gutierrez that has direct contact with juveniles was the alleged or designated perpetrator; 6.02 Mr.Gutierrez 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.a prospective or existing employee, intern, volunteer, subcontractor, agent and/or consultant of Mr. Gutierrez, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or community setting. EQUAL OPPORTUNITY 7.00 Mr.Gutierrez agrees to respect and protect the civil and legal rights of all children and their parents. He will not unlawfully discriminate against any employee,prospective employee,child,childcare provider,or parent on the basis of age,race,sex religion,disability or national origin.'Mr.Gutierrez shall abide by all applicable federal,state and local laws and regulations. ASSIGNMENT&SUBCONTRACT 8.00 Mr. Gutierrez may not assign or subcontract any of his rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. OFFICIALS NOT TO BENEFIT 9.00 No officer,employee or agent of Juvenile Probation and no member of its governing body and no other pubiic 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. TERMINATION 10.01 This Agreement may be terminated: A. By either party upon thirty (30) days written notice to the other party of the.intention to terminate;or B. Upon expenditure of available funds. 10.02 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 Iimited to the obligation to pay,upon giving notice to M .Gutierrez. 3 8. t A I ; Agustin Gutierrez.Jr. Sex Offender Treatment Services Agreement October 1,2022—September 30,2023 WAIVER OF SUBROGATION 11.00 Mr.Gutierrez 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.Mr.Gutierrez also waives any rights it may have to indemnification from Juvenile Probation. REPRESENTATIONS&WARRANTIES 12.01 Mr.Gutierrez hereby represents and warrants the following: A. That he has ail necessary right,title,license,and authority to enter into this Agreement; B. That he is qualified to do business in the State of Texas;that he holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for;that it is in ' compliance with all statutory and regulatory requirements for the operations of his business and that there are no taxes due and owing to the State of Texas, the County of Brazos orany political subdivision thereof; 12.02 Mr. Gutierrez shall maintain, during the term of this contract, a $1,000,000.00 malpractice insurance policy.Mr.Gutierrez shall provide a certificate of insurance for the policy and shall provide for a fifteen(15)day advance notice to Brazos County'of the cancellation of such policy. INSURANCE REQUIREMENTS 13.01 The Licensed Sex Offender Treatment Provider(Provider)shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and must be issued and then approved by Brazos County Risk Management.The Certificate of Insurance must be approved by Risk Management before any services can be rendered. The Provider shall furnish and keep in full force the following insurance during the term of this Contract: Professional Liability (Errors and Omissions) Insurance appropriate to the services being provided, with limit no less than $1,000,000 per occurrence or claim,$2,000,000 aggregate. If the Licensed Sex Offender Treatment Provider maintains broader coverage and/or higher limits than the minimums shown above,Brazos County requires and shall be entitled to the.broader coverage and/or the higher limits maintained by the Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available.to Brazos County. Abuse and molestation insurance as an endorsement to the professional liability policy in a form and with coverage that are satisfactory to covering damages arising out of actual or threatened physical abuse, mental injury, sexual molestation, negligent: hiring, employment, supervision, investigation, reporting to proper authorities, and retention.of any person for whom the Provider is responsible • including but not limited to Provider and Provider's employees and volunteers.Policy endorsement's definition of an insured shall include the Provider, and the Provider's employees and volunteers. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Any annual aggregate limit shall not be less than $1,000,000. These limits shall be exclusive to this required coverage.Incidents related to or arising out of physical abuse,mental injury, or sexual molestation,whether committed by one or more individuals,and irrespective of the number of incidents or injuries or the time period or area over which the incidents or injuries occur,shall be 4 Agustin Gutierrez,Jr. Sex Offender Treatment Services Agreement October 1,2022—September 30.2023 treated as a separate occurrence for each victim. Coverage shall include the cost of defense and the cost of defense shall be provided outside the coverage limit. Automotive Liability with $300,000 CSL for Bodily Injury and $100,000 Property Damage Liability with Brazos County named as an additional insured. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Licensed Sex Offender Treatment Provider receives notification of award. The Provider agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Provider's employees and the operation of his equipment. The Provider also agrees to hold harmless Brazos County from any and all expenses, including attorney fees,incurred by Brazos County hi litigation or otherwise resisting such claims or liabilities as a result of the Provider's employees'activities. Further,the Provider agrees to protect,indemnify and hold harmless Brazos County from and against all claims,demands and causes of action of every kind and character brought by any employees of the Provider against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act,by either commission or omission on the part of the Provider or Brazos County. TEXAS LAW TO APPLY 14.01 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. 14.02 Mr.Gutierrez verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. VENUE 15.00 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. LEGAL CONSTRUCTION 16.00 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal,or unenforceable in any respect,such invalidity,illegality,or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid,illegal or unenforceable provision had never been contained therein. PRIOR AGREEMENTS SUPERSEDED 17.00 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral agreement between the parties respecting the within subject matter. • This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have 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 ordered sex offender treatment services ordered by the Judge of Brazos County having juvenile jurisdiction. 5 V', Agustin Gutierrez,Jr. Sex Offender Treatment Services Agreement October 1.2022—September 30.2023 PRISON RAPE ELIMINATION ACT 18.00 If applicable, Mr. Gutierrez shall adopt and comply with alI federal,state, county, and city Iaws,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 assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders. [PREA§115.312(a)]. Brazos County Licensed Sex Offender Treatment Provider Probation Department Linda Ricketson A stin Gutierrez,Jr. -LSOTP Chief Juvenile Probation Officer Brazos County Commissioners Court ON ammo o2r7 , 20 '" , FULLY EXECUTED, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. By: Duane Peters,County Judge Juvenile Board Chair 200 S. Texas Ave., Ste.332 Bryan,TX 77803 Phone: 979-361-4102 Fax: 979-361-4503 6 f r AMENDMENT TO 23-015 SEX OFFENDER TREATMENT PROVIDER THIS AMENDMENT TO 23-015 Sex Offender Treatment Provider ("Amendment") is entered into and effective this 18h day of October, 2022 ("Effective Date") by and between Brazos County ("Customer"), and Agustin Gutierrez, Jr. ("Contractor") each of which may alternatively be referred to herein as a"Party"and collectively as the"Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below)unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract # 23-015 ("Agreement") for purposes of Agustin Gutierrez,Jr.to provide of the service of sex offender treatment provider;and WHEREAS,the Parties desire to amend the insurance requirements in the contract. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Amend Professional Liability (Errors and Omissions) Insurance to the limit no less that $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Licensed Sex Offender Treatment Provider maintains broader coverage and/or higher limits than the minimums shown above,Brazos County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Brazos County. 2. Amend abuse and molestation insurance as an endorsement to the professional liability policy in a form and with coverage that is satisfactory to covering damages arising out of actual or threatened physical abuse, mental injury, sexual molestation, negligent: hiring, employment, supervision, investigation, reporting to proper authorities, and retention of any person for whom the Provider is responsible including by not limited to Provider and Provider's employees and volunteers. Coverage shall be written on a claim made basis annual aggregate limit shall not be less than$25,000. These limits shall.be exclusive to this required coverage. Incidents related to or arising out of physical abuse, mental injury, or sexual molestation, whether committed by one or more individuals,and irrespective of the number of incidents or injuries or the time period or area over which the incidents or injuries occur,shall be treated as a separate occurrence for each victim. Coverage shall include the cost of defense and the cost of defense shall be provided outside the coverage limit. 3. Conflict/No Other Modifications. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts,all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. Co . . •Agustin Gutierrez,Jr. • ... Sig:ware 5i4haturp1 1 it,LANE PeTe423 14 U +(/' •& p re X" • NanAe e (Au, 1•11N jaDC."6- •tb r Title Title Lilt. I a.9. to, - Date Date S •17 . • 4 BRAZOS COUNTY COPIER MAINTENANCE SERVICE CONTRACT BRAZOS COUNTY PURCHASING DEPT. 200 S.Texas Ave.,Ste.352 Contract No.25-022 Bryan,Texas 77803 Page 1 of 11 Pages Telephone(979)3614292 GENERAL REOUIREMENT FOR CONTRACT I, K.alz Gre 1214 as a duly authorized representative ofTex s not uv) 4f e[s.fi Anns "Contractor"willingly attest to perform(or deliver)as per Exhibit A for Brazos County. I further agree to all of the provisions and specifications contained in this contract. TERM The term of this contract will be for one (1)year,beginning October 1,2024 through September 30,2025. ASSIGNMENT The successful offeror may not assign,sell or otherwise transfer this contract without written permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas,to waive any formality or irregularity,to make awards to more than one offeror,,to reject any or all bids. The County reserves the right to accept or reject in part or in whole,any IQs submitted,and to waive any technicalities for the best interest of the County. BIDDERS RESPONSIBILITY It is the bidder's sole responsibility to print and review all pages of the bid document, attachments, questions and responses,addenda,and special notices.The Certification of Bid Form must be completed to include full firm name,mailing address,telephone number, email address,Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive.Failure to complete the submission of all required forms, including but not limited to the Reference Page, Legislative Certification & Debarment Verification form,Questionnaires(when applicable),Addenda(including revised forms),and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation,the bidder agrees to comply with HB 1295,Government Code 2252.908. Bidder agrees to provide Brazos County the"Certificate of Interested Parties", Form 1295 as required,pending award, renewal,amended or extended contract.Visit https://ethics.state.tx.us/whatsnew/elf info form1295.htm for more information. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. • Contract No.25-022 BRAZOS COUNTY,TEXAS Page 2 of 11 Pages CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge,or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign contracts for Brazos County. Binding contracts shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this contract are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. HOLD HARMLESS AGREEMENT Contractor,the successful offeror,shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this contract. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS&TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. • ADDITION/MODIFICATION OF LOCATIONS OR SERVICES Brazos County reserves the right to. add locations as these additional locations may be required. Locations to be added may include,but not limited to,expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the contract,a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell,vacate, abandon, or otherwise dispose or terminate a location to which the contract applies,all existing contracts for services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the contractor written notice of such termination of locations a minimum of thirty(30)days in advance. Contract No.25-022 BRAZOS COUNTY,TEXAS Page 3 of 11 Pages SUBCONTRACTING Any subcontracting must be approved prior to commencement of the Contract by Brazos County. INVOICES&PAYMENTS Payments to contractors will not be made if the contractor cannot produce a Brazos County Purchase. Order. Contractor shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the contractor. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the contractor in completion of the contract. This term supersedes any contradicting terms throughout the contract and/or any attachments. When multiple deliveries and/or services are required, the contractor may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty(30)days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and/or services provided under this contract, the contractor should provide their Taxpayer Identification Number or Social Security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Service. PRICING Prices for all goods and/or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form. Prices shall be all inclusive: No price changes,additions,or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten.Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ,unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this contract. Brazos County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. • GOVERNING FORMS • In the event of any conflict of interpretation of any part of this overall contract, Brazos County's interpretation shall govern. In the event of a conflict between the terms, conditions, provisions, and specifications of this contract and any other terms,conditions,provisions,and specifications provided by the contractor;the terms of this contract shall supersede. Contract No.25-022 BRAZOS COUNTY,TEXAS Page 4 of 11 Pages GOVERNING LAW AND VENUE This bid solicitation is governed by the laws of the State of Texas, specifically,the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. Potential vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of$250.00 given to any employee of the County,County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve(12)month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Venue shall lie exclusively in Brazos County, Texas,notwithstanding anything to the contrary. COMPLIANCE WITH LAW The Contractor's work and materials shall comply with all state and federal laws,municipal ordinances, regulations,and directions of inspectors appointed by proper authorities having jurisdiction. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry,then such code conditions shall prevail. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. DISQUALIFICATION OF OFFEROR Upon signing this contract, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected.Requests to withdraw a submitted bid or proposal are subject to the approval of the Purchasing Agent. SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. Contract No.25-022 BRAZOS COUNTY,TEXAS Page 5 of II Pages SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point,shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new,unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The contractor(s) before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas,showing that the contractor is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1.000.000. In the event any work is sublet, the contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor.Waiver of subrogation is required.(TLC Sec.401.011) (2) Commercial General Liability Insurance with a$ 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies will be acceptable without prior approval by the Commissioners Court/Risk Management (3) Automobile Public Liability Insurance with a $1,000,000 Combined Single Limit, in all self- propelled vehicles used in connection with the contract,whether owned,non-owned or hired. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County. Contract No.25-022 BRAZOS COUNTY,TEXAS Page 6 of 11 Pages LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the contract, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights,remedies,requirements and processes;limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations"). Any contract terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this contract shall be construed as malting Brazos County responsible for the payment of compensation and/or any benefits for contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the contractor's employees and/or equipment. Nothing in the contract shall be construed as making Brazos County responsible for wages, materials,logistical support,equipment,and related travel expenses incurred by the contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this contract and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this contract. The parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County,Texas Duane Peters,Brazos County Judge 200 South Texas Avenue,Suite 332 Bryan,Texas 77803 CONTRACTOR: Sales Contract Name: Phone Number: Billing Info: i hrzesruat4 g7°177gcSeb vs) Wias&I 1 Fkwvw S#fo) Cistlet Stagy a►n j1 '114a40 Contract No.25-022 BRAZOS COUNTY,TEXAS Page 7 of 11 Pages FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. WAIVERS No waiver by either party hereto of any term or condition of this contract shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE CONTRACT This contract represents the entire and integrated agreement between Brazos County and the contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This contract may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the contractor shall be retained and made available by the contractor for audit by Brazos County,it duly authorized representatives,the State of Texas(including,but not limited to the Auditor of the State of Texas,Inspector General or duly appointed law enforcement officials)and agencies of the United States Government. Such records shall be returned by contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. The requirements of Subchapter d,Chapter 552,Government Code,may apply to this contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with.a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b)of the Texas Government Code. AUDIT RESPONSIBILTY The contractor shall be responsible for receiving,replying to and/or complying with any audit exception by appropriate federal,state or local audit directly related to the provision of this contract. The contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. INDEMNIFICATION The contractor shall defend,indemnify and save harmless Brazos County and all its officers,agents,and employees from all suits,actions,or claims of any character, name and description including attomey's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property,by or from the said contractor or his employees or by or in consequence of any Contract No.25-022 BRAZOS COUNTY,TEXAS Page 8 of 11 Pages negligence in safeguarding the work,or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance,order or decree,and so much of the money due the said contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County,or in case no money is due,his sureties shall be held until suit or suits, action or actions,claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County,its officers,agents or employees. Contract No.25-022 BRAZOS COUNTY,TEXAS Page 9 of 11 Pages V.T.C.A.LOCAL GOVERNMENT CODE§262.0276 THIS SECTION MUST BE COMPLETED.FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE BID. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code§262.0276. a. This refusal to award a contract to or enter into a transaction with a person, pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership,joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court, the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non-responsive" and "not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned,partially owned,managed, operated or represented by a"person"indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title(Owner,Officer,Director,Manager,Etc.) �ar A.�lt Dbwedsov, Owner pres+c en-Ir Contract No.25-022 BRAZOS COUNTY,TEXAS Page 10 of 11 Pages LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order(EO) 13224,Executive Order on Terrorist Financing--Blocking Property and Prohibiting Transactions With Persons Who Commit,Threaten to Commit,or Support Terrorism,effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,httpsJ/www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control(OFAC)Specially Designated National(SDN)list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension,debarment,or similar ineligibility determined by any federal,state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224.Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal, under the provisions of Subtitle F,Tide 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize,inflict economic harm on,or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made or ordinary business purposes;and 2. "Company"means a for-profit sole proprietorship,organization,association,corporation,partnership, joint venture,limited partnership,limited liability partnership,or any limited liability company,including a wholly owned subsidiary,majority-owned subsidiary,parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract.If Respondent does not make that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code,Respondent verifies that it(1)does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. Company Name: hfr1$ �u�im,t•.v►# `�11t3t-t i:A5 Authorized Company Representative:r.rJ zE Gram Address 2Asl aan,%L iV►Ar hp,11 C ti 5*tor Co1 e.Ghtirteyt 11 1184+0 Signature: rzf Date: eh a l2.O'2.4` Contract#: Z5-020- Contract No.25-022 BRAZOS COUNTY,TEXAS Page 11 of 11 Pages CERTIFICATION OF BID The undersigned further affirms the non-debarment statement above, that they are duly authorized execute this contract,that this bid has not been prepared in collusion with any other vendor,and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By:kz.5 .5*- Title: Mgbeialabe Typed Name: Kr%P E Q.v! Company Name . T �vt '5ph14+rY1S Phone NumberA1 I '71S a Email Address:�s,f evw 6+,C Ao GSA C.er+n Mailing Address:11 Si Aeeiln +1- 11 t1 i Cc►Il.yste+eve T 1i 2 4n P.O.Box or Street City State Zip Employer Identification Number: 6 -15- V%041 45%- ed by 'ssioners'Court on this I Fi day of JEP1 fl a EQ024 by Holding the position of C014.4,Yri 014476 6 The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. ❑ V.T.C.A.Local Government Code§262.0276 for Tax Verification(PAGE 9) ❑ Legislative Certification&Debarment Verification(PAGE 10) ❑ Certification of Bid(PAGE 11) TAX VERIFICATION • V.T.C.A.LOCAL GOVERNMENT CODE 6262.0276 Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code Q262.0276. a. This refusal to award a contract to or enter into a transaction with a person,pertains to an apparent low bidder or successful proposer that is indebted to the County; b. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation,partnership,joint venture,limited liability company,and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; c. "Debt shall include delinquent taxes,fines,fees,or delinquencies arising from written agreements with the County. d. Prior to award of a contract by the Commissioners' Court,the Purchasing Department will request a statement of account from the Brazos County Tax Office. e. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered"non-responsive"and "not responsible", eliminating it from any further consideration of award. f. These provisions shall apply to any "person" owned, partially owned, managed, operated or represented by a"person"indebted to the County. Please list all the names of the individuals that have ownership,officers,managers.and board of directors that you have associated with your entity below. Name Title(Owner.Officer,Director.Manager.Etc.) 24 nAt9.i! Davidson bW tnY.rVrebiA+•v►-F Austin,TX 78758 •2800 Longhorn Blvd 0101 •512-888-4100 (Fax)512-886.4101 TEXAS DOCUMENT SOLUTIONS Lufldnn.TX75901TX77845 •2151� sonlD„DllPkwy0100 :936--699-25800 (Fx'g38$9B 299 0 Tyler,TX 75703 •4019 Troup Highway •903-509.9900 (Fax)803-509-9805 You're In charge!su Waco,TX 76712 •6807 Woodway Drlvo a 254.8817500 (Fax)254 754-0555 CUSTOMER NO. ORDER DATE INSTALL DATE TECH REP. SALES REP. 10/1/2024 Kinze Storm :ILL TO: SHIP TO (if other than BiII.To): NAM NAME Brazos County Purchasing Department ADDRESS ADDRESS 200 South Texas Ave#352 CRY STATE ZIP CITY STATE ZIP Bryan Tx 77803 CONTACT CONTACT Presley PHONE FAX PHONE FAX 979-361-4291 979-361-4293 ADDITIONAL COMMENTS pnelson@brazoscountytx.gov CUSTOMER STATUS: TYPE ACTION REQUEST: SHIP VIA: ❑New Customer 0 CGI:M/NJPA Account 0 Rental ❑Trial Dates: P.O.NO. ■ Exsisttn' Customer 1N State Contract 0 Sale/Lease I Other: QTY. PROD. NO. DESCRIPTION SERIAL NO. METER UNIT PRICE TOTAL 1 Monthly Maintenance $1,075.00 Effective October 1,2024-September 30, 2025 Includes 100,000 Black&White copies per month.Black&White overages billed at.0055 each monthly.Also Includes 3,000 Color with Overages Billed at.05 Each. Includes toners,drums,fusers, developers,staples,parts,labor and traveltime. '*Excludes Paper" 1 All Copies to be divided between the following equipment: MX-M364N CSCD#2 ID#31719 MX-M623N County Clerk ID#31965 MX-M314N Constable Precinct#3 ID#31726 MX-M623N District Clerk#1 ID#31966 MX-M464N District Clerk#2 ID#31722 MX-M464N Juvenile ID#31720 MX-M314N 272nd District Court ID#32028 M3540idn Associate Judge#1 ID#32000 M3540idn County Clerk ID#31714 MX-M314N Jury Services ID#31822 MX-M363N County Judges Office ID#31874 MX-M314N Purchasing Department 1D#31866. Page 1 (Continuation on Page 2) 1 1 Austin,TX 78758 •2800 Loaghom Blvd 0101 •512188.100 (fax)51218154101 TEXAS DOCUMENT SOLUTION cm.R759L1TX77845 .81 Hath1175a Drifi Iyr100 .936�99Z800 (Faxj939498 299 7y1ar,TX 75703 •4619 Trapp Highway •903.509 9900 (Fax)903909.9905 You're In charge) Warn,TX 76712 •6807 Wcodray Drive •254/817500 (Fax)254-754-0655 . CUSTOMER NO. ORDER DATE INSTALL DATE TECH REP. SALES REP. 10/1/2024 Kinze Storm BILL TO: SHIP TO (if other than Bill To): NAME i NAME Brazos County Purchasing Department ADDRESS ADDRESS 200 South Texas Ave#352 CITY STATE ZIP CITY STATE ZIP Bryan Tx 77803 CONTACT CONTACT Presley PHONE FAX PHONE FAX 979-361-4291 979-361-4293 ADDITIONAL COMMENTS pnelsona brazoscountvtx.sov CUSTOMER STATUS: TYPE ACTION REQUEST: SHIP VIA: ❑New Customer ❑CGEM/N]PAAccount ❑Rental ❑Trial Dates: • Exsistin. Customer •State Contract •Sale/Lease [E Other: P.O.NO. QTY. PROD. NO. DESCRIPTION SERIAL NO. METER UNIT PRICE TOTAL BP-50055 County Attorney 1D #33434 BP-50M55 Records Management ID #33432 M2640dw Information Technology ID#33451 BP-50055 85th District Court ID#33436 BP-70M75 Constable Precinct#2 ID#33443 BP-50M55 CCL#2 ID#33437 BP-50M31 Brazos County Expo ID#33440 BP-70M75 Jail Admin ID#33445 BP-50M55 JP Precinct 1 ID#33431 BP-50M55 361st District ID#33436 BP-70M75 Sheriffs Office Downstairs ID#33446 BP-70M75 Sheriff's Office Upstairs ID#33442 BP-50M55 JP Precinct 2 ID#33435 BP-70M75 Collections ID#33444 BP-50M55 JP Precinct 3 ID#33440 BP-50M55 County Auditors ID#33439 BP-50M36 Risk Management ID #33433 BP-50M55 472nd District Court ID#33441 Page 2(Continuation on Page 3) Austin,TX 78758 •2800 Longhorn Blvd 0101 •512-8884100 IFax)512-888-4101 TEXAS DOCUMENT SOLUTIONS Lufkn7X75901TX77845 2151 MOOrIvot=kwy9190 .938.8992800 (Fax)938-699-0-775-55D0 (Fax) 42999 Tyler,TX 75703 •4919 Troup Highway •903-509.9900 (Fax)903.509-9905 You're in charge!sr Waco.TX 76712 •6807 Woodway Drive a 254-8817500 (Fax)254-754.0555 CUSTOMER NO. ORDER DATE INSTALL DATE TECH REP. SALES REP. 10/1/2024 Kinze Storm BILL TO: SHIP TO ('if other than Bill To,): NAME NAME Brazos County Purchasing Department ADDRESS ADDRESS 200 South Texas Ave#352 CITY STATE ZIP CITY STATE ZIP Bryan Tx 77803 CONTACT CONTACT Presley PHONE FAX PHONE FAX 979-361-4291 979-361-4293 ADDITIONAL COMMENTS nnelsonO brazoscountytx.eov CUSTOMER STATUS: TYPE ACTION REQUEST: SHIP VIA: ❑New Customer ❑CGEM/N]PA Account ❑r Rental ❑Trial Dates: P.O.NO. • Exsistine Customer •State Contract 1. Sale/Lease I■ Other: QTY. PROD.NO. DESCRIPTION SERIAL NO. 'METER UNIT PRICE TOTAL MX-M564N District Attorney ID#31717 MX-M314N Associate Court#2 ID#31723 MX-M314N Facilities Services ID#32110 MX-M314N Constable Precinct 4 ID#31721 MX-M564N 85th District Court Extra Area ID#31725 M3540idn Law Library ID#32109 MX-314N JP Precinct 4 ID#31718 MX-M6051 Rental Assistance ID#32929 Page 3 SALES MANAGER y �--t. - DATE elir612oa4 Subtotal SERVICE MANAGER` j DATE Sales Tax N/A s CUSTOMER ACCEPTANCE DATE TOTAL $1,075.00 TEXAS DOCUMENT SOLUTIONS ii • 151arBo' o :097 -6 (Fe0 0 oirs TX77845 2HarvyMahnnNavy0100 879-775500 (Fax) Lufkin,TX 75901 •2003 Atkinson Drivo •936-699 2000 (Fax)936.699.4299 Yot!'te.In chat e.► k Tyler,TX 75703 •4619 Troup Highway •903.609.9900 (Fax)903-509.9905 g Waw.TX 76712 a 6007 Woodway orivo •254-0817500 (Fax)254-754.0555 SERVICE/SUPPLY PLATINUM USER AGREEMENT Terms and Conditions 1. This Agreement shall remain in full force and effect,unless cancelled by either party in writing.This Agreement may be terminated or changed at any time,by either party on thirty(30)days written notice.Customer's obligation to pay all charges,which have accrued, shall survive any termination of this Agreement,the prorated portion of any amount prepaid will be refunded. 2. Monthly and Quarterly Base costs are payable in advance based on the Copy Volume Level and specification provided on the reverse side of this agreement,whereas the excess cost per copy changes are payable in the arrears. 3. Texas Document Solutions,Inc.shall provide inspections during the contract period at appropriate intervals. Inspections may be made in conjunction with regular or emergency service calls.Inspections,as well as all service calls,shall be made during normal business hours. 4. Texas Document Solutions,Inc.will provide parts,which have been broken or worn through normal use and are necessary for servicing and maintenance adjustments.Parts damaged by misuse or carelessness will be charged to the customer in accordance with the Texas Document Solutions,Inc.parts list price.Photoreceptive Drums are included,except for facsimile systems and cartridge type copiers and printers. 5. All service calls under this Agreement will be made during normal business hours at the customer's address as shown on the reverse side hereof.Should the equipment be moved to a location in a more distant zone,there may be an increase in the annual maintenance charge.Should the equipment be moved out of the Company's authorized serving area,this contract shall be terminated.Relocation of equipment is not covered by this agreement and will be billed at the agreed upon rate. 6. This Agreement shall not apply to repairs made necessary by accident,misuse,abuse,neglect,theft,riot,vandalism,electrical power failure,or surges,acts of God,fire,water,unauthorized supplies,or other repairs made necessary by service personnel other than those of Texas Document Solutions,Inc.Charges for repairs or replacement due to the foregoing shall be borne by the Customer. 7. This Agreement does not include applicable taxes.All taxes levied or imposed,now or hereafter,by any governmental authority shall be paid by the Customer,In accordance with the law. 8. This Agreement covers only the equipment described and does not include any accessories not listed thereon,nor does it include third party add-on devices,such as accounting software and hardware,coin-op box,etc. 9. This Agreement does not cover the Customer's network or problems related to or from the connected network.There are no warranties or guarantees regarding problems associated with the operation of the Customer's software or operating systems.Texas Document Solutions,Inc.will not be held responsible for any down time at the client's location. 10. This Agreement is not transferable by the Customer,except with the written consent of Texas Document Solutions,Inc. 11. This Agreement includes all toner and developer used under normal use,unless otherwise noted.However,it does not include excess usage attributable to theft,misuse or sky copies. 12. , • Y Ks 13. Optimum performance of the equipment covered by this Agreement can be expected only if supplies provided by,or meeting the specifications of Texas Document Solutions,Inc.are used. 14. • • 15. Texas Document Solutions,Inc.would setup and configure a total of 6 stations at the time of the initial sale installation.Additional charges will be billed at the standard hourly rate for a minimum of one hour for each additional work station or computer upgrade (hardware,hard.drive,CPU,operating system software change.etc.). 16. e • yF'. Brazos County ' • P Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN,TX 77803 PHONE(979)3614290 FAX(979)361-4293 September 17,2024 Joel Richards,D.O. 18395 Anasazi Bluff College Station,TX 77845 Re:Renewal of Contract#25-023R for Medical and Health Services for Brazos County. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Medical and Health Services 25-023R,previously known as 24-032R,21-141R and 20-134. All terms,conditions,and pricing shall remain the same. This renewal term will be for one year from October 1,2024 to September 30,2025. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to pnelson®brazoscountytx.gov or fax to (979) 361-4293. Please then submit the original signed documents and an updated Certificate of Insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361-4291. Contact Name: Joel Richards, D.O. Title:Owner E-Mail: Joel©docishere.com Telephone:817-966-2283 Joel Richards,D.O."aka"Doc Healthcare,PA d .1.40 44-, a.O. 9/9/2024 Aut prized Signature Date OUN irt Duane Peters,County Judge Date AGREEMENT FOR MEDICAL AND HEALTH SERVICES FOR THE BRAZOS COUNTY JAIL,BRAZOS COUNTY JUVENILE DETENTION CENTER AND THE BRAZOS COUNTY EMPLOYEE HEALTH AND WELLNESS CLINIC This Agreement for Medical and Health Services is entered into by and between Brazos County, Texas ("County") and Dr. Joel Richards, D.O. "AKA" Richards Emergency Services,PA("Provider"). 1. Provision of Services - The Provider agrees to provide medical and health services, and medical director services, at the Brazos County Jail, Brazos County Juvenile Detention Center and the Brazos County Employee Health and Wellness Clinic in accordance with E x h i b it "A" and this Agreement. This includes all necessary physician and medical director services as set forth in the Exhibit "A" and this Agreement. 2. Terms and Conditions- The terms and conditions of this Agreement are as set forth below and in Exhibit "A". Except as otherwise stated, modified or supplemented in this Agreement. Provider must implement procedures and oversight to maintain compliance with applicable laws, and the regulations of the Texas Commission on Jail Standards,with regard to delivery of the services. 3. Term of Agreement - Unless terminated earlier as provided herein, the term of this Agreement is One (1) year beginning on the date that the medical malpractice insurance has been obtained and/or confirmed, but no later than September 1, 2020 and ending no later than August 31,2021. Additionally, this Agreement is renewable, in its entirety, for additional one (1) year terms as agreed to by the parties. 4. Fee - Provider's annual fee for services under this Agreement is Two Hundred Thousand Dollars and No Cents ($200,000). This fee is inclusive of all professional services to be provided by the Provider. The fee does not include costs retained by the County, such as malpractice insurance, supplies, medications, County employee salaries,or outside care. 5. Payment of Fee - County shall pay the fee in monthly payments of Sixteen Thousand Six Hundred and Sixty-Six Dollars and No Cents ($16,666.00) for the first eleven (11) months and a final payment of Sixteen Thousand Six Hundred and Seventy-Four Dollars and No Cents ($16,674.00). The payment for a month is due and payable within 30 days of the Provider submitting an invoice for services. Note *(In most cases,If an invoice is received by Monday in any particular month, payment will normally be made by the following Tuesday.) If this Agreement is terminated for any reason set forth in this Agreement except Section 8, Provider's entitlement to any unearned portion of the fee is lost; and Provider's sole remedy shall be recovery of fees actually earned but unpaid at the date of termination. 1 } r c 6. Termination - This Agreement may be terminated by the County after thirty (30) days written notice and opportunity to cure(if cure is possible)for any of the following reasons: a) failure of Provider to provide the services as promised; b) irreconcilable conflict between Provider and County Staff (employees and/or patients); c) repeated violations of Jail security rules; d) negligence in rendering care to patients; e) sexual, racial or other type of prohibited harassment by medical staff of Jail staff, inmates or county employees; f) any romantic relationship between a member of medical staff and any inmate; g) violation of confidentiality laws relating to health care information; h) failure or refusal to cooperate with Jail staff in the investigation of grievances or complaints; i) determination after an internal investigation,notice,and an opportunity to be heard that the Provider has violated the civil rights of an inmate;or j) arrest of Provider for a felony or misdemeanor of Class B or above. 7. Immediate Termination- The County may terminate this Agreement immediately and without any notice or cure period if: a) Provider is convicted of a felony or a misdemeanor of Class B or above; b) A court determines that the Provider failed to provide medical care to any inmate at the Jail in accordance with the accepted standard of care; c) Suspension or revocation of medical license; d) Violation of the civil rights of an inmate as determined b y a court of competent jurisdiction;or e) Where care is so objectively deficient as to create a risk to County, Patients and potential liability to the County. 8. Termination by Provider Provider may terminate this Agreement after 30 days written notice.to the County and opportunity to cure if the County fails to pay the fee payments as required herein. 9. Notice of Termination - If in the event the Provider provides written notice to the County of termination and/or the Provider desires not to renew this contract. Provider agrees to continue a month to month agreement for the same services and rate with the County for a reasonable period of time so that an appropriate replacement can be found and transitioned into the Provider's position. 10. Medical J u d gm en t - Medical care must be rendered based on medical judgment 2 I , and the medical needs of the patient at all times. The Provider has exclusive control of the standard of care and treatment that a patient receives and is in no way subordinate to any other County employee or elected official in that determination. The Provider shall exercise the degree of professional skill appropriate in the relevant medical community in carrying out its duties under this Agreement. 11. Independent Contractor - Provider shall not be considered an employee of the County for any purpose, including but not limited to payroll taxes and withholding, health insurance, unemployment insurance, or retirement. The Provider is an independent contractor providing professional medical services using its own training,skill and medical judgment. 12. Employment Decisions - Relating to County Employees. The Provider shall have the authority to temporarily remove a medical employee from duty if necessary for patient welfare. Employment decisions involving demotion, unpaid suspension or termination will be made by the County Judge and/or County Commissioners. All final hiring and firing decisions relating to medical personnel rest with the County Judge and/or County Commissioners. 13. Peer Review - As part of the Provider's duties as Medical Director, the Provider shall establish a peer review process for medical personnel when appropriate. 14. Insurance - Malpractice insurance shall be either obtained by the County or the Provider. For the purpose of meeting the terms of this Agreement, liability limits are required to be one million ($1,000,000) per occurrence and three million ($3,000,000) aggregate. If the Provider obtains the malpractice insurance, the County shall reimburse the Provider for that portion of insurance that covers the terms of this Agreement. Provider agrees to comply with any reasonable request from the County to procure said Insurance. The Provider shall submit proof of insurance coverage prior to the start of services which shall name Brazos County as an addition insured. Proof of insurance shall also be submitted by the Provider at any other time during the term of this Agreement on the reasonable request of the County. The insurance policy must contain a 30-day notice to the County before expiration or termination. 15. Indemnity — The Provider and the County mutually agree to indemnify and hold each other harmless and defend each other, their officers, agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of any kind, including all expenses of litigation, court costs and attorney's fees, for injury to or death of any person or any breach of contract, arising out of each party's own negligent acts. 16. Provider Back-up/Fill-in -Provider is responsible for providing an appropriate Fill-In Provider in the event that the Contracting Provider becomes unavailable due to any 3 planned or unforeseen circumstances. 17. Third Parties - No provision of this Agreement shall inure to the benefit of any third party,. including, but not limited to, inmates or employee patients. No other person or entity other than Physician and County may enforce any portion of this Agreement. 18. Applicable Law and Venue- This Agreement shall be construed according to, and the rights of the parties shall be governed by, the laws of the State of Texas. Venue of any action arising out of this Agreement shall be in a court of competent jurisdiction in Brazos County, Texas. 19. Assignability - This Agreement is not assignable by the Provider without the prior writing consent of the County. 20. Miscellaneous- This Agreement may only be amended by a writing signed by both parties. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, they shall be severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, personal representatives, and assigns. DATED this 30th day of June ,2020. Brazos County Provider gy; By: Pkei,e , no. Duane Peter`s,Brazos County Judge Dr.Joel Rilhards,Provider Richards Emergency Services,PA 4 Exhibit "A" SERVICES/RESPONSIBILITES 1. Supervision of all medical staff 2. Mentoring and training of medical department staff when necessary 3. Care and Services to be provided by the Provider or his qualified designee 4. Available for daily medical guidance to medical department staff 5. Sick call Clinics as agreed to by the Jail and Juvenile Detention 6. Maintain HIPAA Compliance and Certification 7. Evaluation and treatment of inmates and patients as medically necessary 8. Maintain medical Compliance for the Brazos County Jail and Juvenile Detention Center as required under Federal and State Law 9. Consult with any other provider as needed to ensure compliance and care 10. Maintain and review records are required for compliance 11. Consult with medical staff as required for compliance 12. Provide oversight of medicines and supplies needed and used by the Jail and Juvenile detention AMENDMENT#1 TO 21-141R—MEDICAL AND HEALTH SERVICES FOR BRAZOS COUNTY THIS AMENDMENT TO 21-141R Medical and Health Services for Brazos County("Amendment") is entered into and effective this 1st day of October 2021 ("Effective Date") by and between Brazos County ("Customer"), and Dr. Joel Richards,D.O."AKA"Richards Emergency Services,PA. ("Provider")each of which may alternatively be referred to herein as a"Party"and collectively as the"Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below)unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract# 19-060 ("Agreement") for purposes of Dr.Joel Richards to provide of the service for medical and health for Brazos County;and WHEREAS,the Parties desire to amend the pricing as set forth in original contract# 19-060. WHEREAS,the Parties desire to set forth a new contract date. WHEREAS,the Parties desire to agree on insurance requirements. AGREEMENT NOW THEREFORE, in consideration of the above premises,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the Parties hereto agree to amend the Agreement as follows: 1. The fee and services for the Renewal Term shall be as set forth in amended tabulation for 21-141R to $215,000.00 per year. 2. The new contracted date starts October 1,2021 and ends September 30, 2023,with the options to do one year renewals thereafter,per the original contract. 3. Starting October 1,2021,Dr.Joel Richards,D.O."AKA"Richards Emergency Services,PA has three months to obtain all insurance requirements on the contract. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. 7:0a..S CO TY Azztt.. DR JOEL RICHARDS a ,ao. Sr atu e Signature JuU ice.reAtr5 Joel Richards,D.O. Name T Name COUY1ilt• J Medical Director Tit o Title rah/a( 9/14/2021 Date Date AMENDMENT#2 TO 21-141R MEDICAL AND HEALTH SERVICES FOR BRAZOS COUNTY THIS AMENDMENT TO 21-141R Medical and Health Services for Brazos County ("Amendment") is entered into and effective this 11th day of October, 2022 ("Effective Date") by and between Brazos County ("Customer"), and Joel Richards, DO "aka" Doc Healthcare, PA. ("Contractor") each of which may alternatively be referred to herein as a"Party"and collectively as the "Parties". All capitalized terms in this Amendment shall have the same meaning as in the'Agreement(as defined below)unless otherwise stated herein. RECITALS WHEREAS, the Parties entered into that certain original contract#21-141R ("Agreement") for purposes of Joe Richards,DO "aka"Doc Healthcare, PA to provide medical services for Brazos County; and WHEREAS, the Parties desire to change his name on the written contract from Richards Emergency Services. AGREEMENT NOW THEREFORE, in consideration of the above premises, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties hereto agree to amend the Agreement as follows: I. RemovaI of the name Richards Emergency Services, and it be now known as Joel Richards, DO "aka" Doc Healthcare, PA to make it correct in all the documentation we have for this vendor. 2. Conflict/No Other Modifications. In the event of a conflict between the terms of this Amendment and the terms of the Agreement, this Amendment shall control. All other terms of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts,all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. BRAZOS JOEL RICHARDS,DO "AKA"DOC HEALTHCARE,PA. ,e ,zz0. Si ature Si�Q2 ture Rtp,NIE e rE iZ5 Joe!Richards, D.O. Na a Name LMu fy � W0E Physician Title Title I 0 j as !a g,. 10/16/2022 Date Date r- , ,a AMENDMENT#3 TO 21-141R—MEDICAL&HEALTH SERVICES FOR BRAZOS COUNTY THIS AMENDMENT TO 21-141R ALSO KNOWN AS 20-134R and 19-136R and 19-060 Medical and Health Services for Brazos County ("Amendment") is entered into and effective this 1st day of October, 2023 ("Effective Date") through 30th day of September, 2024 ("Expiration Date")by and between Brazos County("Customer"),and Joel Richards,DO"aka" Doc Healthcare, PA. ("Provider") each of which may alternatively be referred to herein as a "Party"and collectively as the"Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below)unless otherwise stated herein. RECITALS WHEREAS,the Parties entered into that certain original contract#19-060("Agreement") for purposes of Joel Richards, DO "aka"Doc Healthcare to provide medical and health services for Brazos County;and WHEREAS,the.Parties desire to amend the pricing as set forth in original contract 19-090. AGREEMENT NOW THEREFORE,in consideration of the above premises,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Increasing the original pricing of provider's annual fee by 5%,to$225,750.00. 2. Renewing the contract for an additional one (1) year term, expiring September 30, 2024.Renewal of contract will be known as 24-032R. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be signed . by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. B OS CO TY JOEL RICHARDS,DO"AKA" DOC HEALTHCARE, PA. cgiArI/c.a464, a0. Si ature Signat Lt.AtU e Pt Tt S Joel Richards.D.O. Na e _ Name Gj O i,t.& r 4 Tv-I&t Physician Title �+ act f a.a.Z3 Title J ` 8/21/2023 Date Date Previously known as 24-085R,23-024 • Term of Contract:January 1,2025 through December 31,2025 Ergon Asphalt&Emulsions,Inc. Cleveland Asphalt Products,INC. Estimated Qty Price per Gallon Total Price per Gallon Total 1 CRS-2P Cationic Rapid Set 20,000 Gallons I$ 5i39i $ 67,800.00 $ 3.40 $ 68,000.00 2 CHFRS-2P Cationic High Float Emulsion 20,000 Gallons I$MIllIMMI3;491 $ 59,800.00 NB NB 3 CSS-1H Cationic Emulsion 10,000 Gallons. $ 2.94 5 29,400.00 l$ 2i9D1 $ 29,000.00 4 Pick Up of CSS-1H Cationic Emulsion 1500 Gallons $ 2.75 $ 4,125.00 $ 2.75 $ 4,125.00 5 Free Time: 2 Hours Return freight is one-half of the 2 free hours outgoing tariff. $90.00/HR for equipment ordered,but not 6 Specific charges per hour for demurrage after free time: used,carrier may charge up to 5400.00 $80.00/HR 7 Minimum'Delivery(indicate Freight Charge for below Minimum Delivery) 5,500 Gallons Is considered a full 1oad.Freight $750.00 for full load Is$1,045.00. 8 Specific Location of Vendor's Plant 4648 Western Way loll Asphalt Lane Temple,TX 76504 Shepherd,DC 77371 Cheyanne Culp or Danny teal LeeAnn Ails or Keithen Williams, 9 Contact Person and phone Nat Plant (2541773.8040 Orders 800-334-0177 Clayton Moore, Sales 800-334-0177 10 Directions to Plant Amap and directions are attached. N/A 11 Is Brazos County allowed to do pickups from plant location?If not please explain Yes Yes 12 Number of trucks the company owns located at the facility that will be servicing Brazos County None 4 13 The size of trucks the company owns located at the facility that will be servicing Brazos County N/A Seml-Truck and trailer 14 Please describe any agreements that the vendor has in place to insure ability to perform this work N/A N/A Notes and Exceptions Please allow 24 hours after order 1s placed for delivery. Recommended Award: Lines 1&2:Ergon Asphalt&Emulsions,Inc. Line 3:Cleveland Asphalt Products,INC. Line 4:Draw-Court Draw Result Clevenland Asphalt Products,Inc 2nd Renewal of 3 ed by Com sionees Co on this `` day of S'E Prem oev- ,2024 by holding the position of CoU.0.3 1. TU DOE '.10, .. Brazos County !`n Purchasing Department OY 200 SOUTH TEXAS AVE SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)361-4293 September 10,2024 Ergon Asphalt&Emulsions,Inc. 11612 RM 2244,Building 1,Suite 250 • Austin,TX 78738 Re: Renewal of Contract#25-060R forAsphalts, Oils,and Emulsions. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Asphalts,Oils,and Emulsions 25-060R,previously known as 24-085R,23-024. All terms,conditions,and pricing shall remain the same. This renewal term will be for one year from January I,2025 through December 31,2025. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to cnava@brazascountytx.gov or fax to (979) 361-4492. Please then submit an updated Certificate of Insurance by email or mail to the address listed above. PIease return acceptance as soon as possible. If you have any questions,I may be reached at(979)361-4492. Contact Name: KAREN SELL)RS Title: ACCOUNT SPECIALIST E-Mail: karen.sellers@ergon.com Telephone: (512) 469-9292 _ ERGON ASPHALT&EMULSIONS,INC KCULLY) 3.41-Qurz ) SEPTEMBER 11, 2024 Authorized Signature Date ; • • COU r .,7. gItri J oai-(- Duane Peters,County Judge Date -`rR E..o• _ T Brazos County c: o ,'J°z� Department ..rY Purchasing p 200 SOUTH TEXAS AVE SUITE 352 BRYAN,TX 77803 PHONE(979)361-4290 FAX(979)361-4293 September 10,2024 Cleveland Asphalt Products,Inc. 100 Asphalt Lane Shepherd,TX 77371 Re: Renewal of Contract#25-060R for Asphalts,Oils,and Emulsions. Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Asphalts, Oils,and Emulsions 25-060R,previously known as 24-085R,23-024. All terms,conditions,and pricing shall remain the same. This renewal term will be for one year from January 1,2025 through December 31,2025. To accept the renewal option, please fIl out the information and sign below. Return the signed documents by email to cnava@brazoscountytx.gov or fax to (979) 361-4492. Please then submit an updated Certificate of Insurance by email or mail to the address listed above. Please return acceptance as soon as possible. If you have any questions,I may be reached at(979)361-4492. Contact Name: Clayton Moore Title: Sales Rep. E-Mail: cayton.moore( clevelandasphaltproducts.cam Telephone: 800-334-0177 CL V LAND A H LT PRODUCTS,INC 9/11/2024 Authorized Signature Date B OUNTY ....)..,L 9 / 1112oa44- Duane Peters,County Judge Date • . * l* +\ r f} =o C. .. REQUEST FOR BID BID NO. 23-024 _ 4 Asphalts, Oils, and Emulsions SEALED BIDS TO BE SUBMITTED BEFORE: Tuesday, November 1, 2022, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan,TX 77803 Phone: (979)361-4290 Fax: (979)361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County,except the Purchasing Agent, regarding this solicitation from the issuing dote of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation arid specifications and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form. Company Name: Cleveland Asphalt Products,INC. M1 Ily(Print): Clayton Moore Title: Sales Rep. Physical Address: 100 Asphalt Lane, Shepherd,Texas 77371 Mailing Address: PO Box 1449, Shepherd,Texas 77371 Telephone: 800-334-0177 Fax: 936-628-6602 E-Mail:clavton.moorenclevelandasphaltproducts.com f , Page 2 of 17 Bids will be received at the Brazos County Administration Building, Purchasing Department,200 South Texas Ave Suite 352, Bryan,Texas prior to 2:00 p.m.,Tuesday,November 1,2022 at which time bids will be publicly opened and read aloud. A. SCOPE OF BID l. Bids are solicited for asphalts,oils and emulsion products and services set forth in this bid request for a one (1) year period beginning January 1, 2023 through December 31, 2023 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING I. The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request.All Respondent(s)are required to be informed of these terms and conditions and will be held responsible for having done so: 2. Definitions: In order to simplify the language throughout this bid,the following definitions shall apply: a. BRAZOS COUNTY—Same as County. b. COMMISSIONERS COURT—The elected officials of Brazos County,Texas given the authority to exercise such powers and jurisdiction of all County business as ; t conferred by the State Constitution and Laws. ..I: c. CONTRACT — An agreement between the County and a Contractor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR—The successful Respondent(s) of this bid request. • e. COUNTY — The government of Brazos County, Texas and its authorized representative. f. SUB-CONTRACTOR — Any contractor hired by the Contractor or supplier to furnish materials and services specified in the bid request. a.� • g. RESPONDENT—Any supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners Court, this bid effects a working contract between Brazos County and the Contractor for the period designated. 4. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered;the Respondent(s) must have the bid actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. Page 3 of 17 6. Brazos County shall not be responsible for any verbal communication between any _' employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered.Respondent(s)with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. ' ` . 7. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 8. Respondent(s) must include Tax Identification Number for the bid to be valid. 9. Should there be a change in ownership or management; the Contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. This Contract is nontransferable and may ,) not be reassigned by either party. q 10. The County may cancel this Contract at any time for any reason, provided a thirty-day written notice is given. 11. The bid award shall be based on, but not necessarily limited to,the following factors: a. Unit Price -` • b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) e. Delivery :F! f. References g. Brazos County's experience with products bid h. Respondent's past performance record with Brazos County 12. Although the cost of products to be provided is an essential part of the bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the ,. ,• County at the sole discretion of the Commissioners Court when all terms and conditions ''' of the Contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. Title and risk of loss of the goods shall not pass to Brazos County until the County actually t = *; accepts and takes possession of the goods at the point or points of delivery. Ii. Page 4 of 17 15. This Contract shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this Contract, when applicable. {' a, 'i . 16. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Respondent(s)to secure better price or delivery is welcomed a and may be given consideration provided that the bidder also bids on the quantity specified. 17. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding a contract. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled, and the Contractor barred from bidding in future solicitations. ..;;;;:.: 18. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 19. Bids must be submitted on this form and returned in a sealed envelope clearly • marked with Respondent Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other . means of rapid dispatch,nor will a bid be considered if submitted to any other persona. or department other than specifically instructed. Bids not received prior to the expressed date and time listed in this bid will be rejected or returned unopened to the Respondent(s).Bids submitted to any other person or department other than the Brazos County Purchasing Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone ''Ks number, email address, Vendor Tax Identification number and signed by an authorized n representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89& Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the Respondent(s) agrees to comply with HB 1295,Government Code 2252.908,if awarded a contract. Respondent(s)agrees to provide Page 5 of 17 t' Brazos County the"Certificate of Interested Parties", Form 1295 as required,for renewals, amendments or extensions to the Contract. op Visit https://ethics.state.tx.us/whatsnew/elf info_form 1295.htm for more information. `` °I 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing l's " authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda or their proposal may be considered non-responsive. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets ' 1 will be posted on the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net) after bid award by Commissioner's Court. 23. The bid specifies the number of consecutive calendar days required to reach substantial f' completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County,Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: Two Hundred Fifty Dollars ($250.00). It is understood that said ''A` +. sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 24. Brazos County reserves the right to extend this Contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions of this Contract, if agreed upon by both parties. 25. The Contractor agrees to extend prices and terms to all entities that has entered or will ,. enter into joint purchasing inter-local cooperation agreement(s)with Brazos County. 26. Three (3)references are to be provided by Respondent. Failure to submit references may result in disqualification of bid.Brazos Countydepartment references will not be accepted. q p p 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. ai ".d . r rUr., Page 6 of 17 28. Any subcontracting must be approved prior to commencement of the Contract by Brazos County. • 29. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 30. Any brand name, or manufacturer's reference used is considered to be descriptive —noti restrictive—and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages or quantity of the items listed in the bid. ? ; If notation of substitution in not made, it is assumed the Respondent(s) is bidding the item specified. 31. The County does not guarantee to purchase any minimum or maximum quantities. If any ;:: _;+,o quantities are listed in the bid,they are estimated quantities used for calculating purposes only. 32. In the event the Contractor is unable to furnish any item within a reasonable time after '; .; order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this Contract to be canceled. 33. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. 34. The Contractor should submit itemized invoices with clearly marked remittance copies to the following address: Brazos County ATTN: Auditors P.O. Box 914 Bryan,Texas 77806 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after :. h: satisfactory delivery of commodities and or services and receipt of invoice at the listed Page 7of17 address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or any other party. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, ? ,: ' including but not limited to sales tax, excise tax, and import duties. Such costs must not . , . be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. 36. Upon award of Contract for any commodity or materials purchased by Brazos County,the ;,; Contractor agrees to protect the County from any claim involving patent right '• infringement,copyright infringement, sales franchise disputes. - '� 37. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be 3;. furnished in proper container so as to facilitate storage and handling. :'.; ;,,. 38. This bid shall be governed by the laws of the State of Texas and Potential Respondent(s) 33,:. and the subsequent Contractor(s) are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of$250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County,County Official or the County Official's family members during the preceding twelve(12) month period. l.';"' The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas • Local Government Code, Chapter 176 for the details of this law. ? , 39. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 40. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 41. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. sxr:t� • � 1 • I, 1 Page 8 of 17 l`.{ 42. The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. 43. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances,and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for .=:;;1 any industry, then such code conditions shall prevail. 44. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. C. SPECIAL PROVISIONS I. Brazos County reserves the right to request additional samples of products listed in the bid ;;`:: at any time. If a sample request is made after bids and original samples are received, additional samples requested shall be received within_five(5)working days of the request. 2. All deliveries are to be made F.O.B. Brazos County Road and Bridge Department,during regular working days,and between the hours of 7:30 A.M.and 5:00 P.M.Monday through Friday, unless otherwise requested by the County and loaded into County trucks by the Supplier; or loaded and hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 3. Contractor will be required to notify the County in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse � A 4 acceptance of the order. 4. Contractor will be required to deliver to Brazos County Road and Bridge Department or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 5. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. - 6. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). Page 9of17 7. Any Contractor vehicles traveling on County roads will not exceed its legal gross weight. 8. Any unauthorized dumping,spills,or other release of products that could be determined a safety or environmental issue shall be immediately brought to County's attention. The spill, dump,or release shall be the sole responsibility of the contractor to clean, remediate, I and return the site to the previous condition. D. INSURANCE REQUIREMENTS 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and • then approved by Brazos County Risk Management. The Certificate of Insurance must be x. :' approved by Risk Management before any deliveries can be made. 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: 3. Statutory Workmen's Compensation and$1,000,000 Employer's Liability Insurance with ; waiver of subrogation. 4. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. a. Commercial Automotive Liability with $500,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as additional insured. b. Cargo Insurance to sufficiently cover materials transported. 5. All of the aforementioned policies and Certificates of Insurance should be issued immediatelyafter the Contractor receives notification of award. 6. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, includingattorneyfees, incurred byBrazos Countyin litigation or otherwise P g �•"��°; resisting such claims or liabilities as a result of the Contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. 0 { , Page 10 of 17 E. REFERENCES Respondent(s) shall provide a list of at least three (3) references,where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Respondent(s)are not allowed to use Brazos County as a reference. Company/Entity: Fayette County ! f::: Contact: Luke Sternadel, County Commissioner PCT#2 Phone: 936-249-3166 i' 4 Email: Company/Entity: Milam County Contact: Jeff Muegge, Commissioner PCT#4 'tl Phone: 512-898-2115 Email: ' Company/Entity: Waller County Contact: Yancy Scott, County Engineer Phone: 979-826-7670 Email: • F. S'PECIFICATIONS 1. General Information Page 11 of 17 Brazos County is seeking qualified companies to provide: Asphalt, Oil, and Emulsions in accordance with Item 300 of the Texas Department of Transportation, Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges 2014. Quantities shown are estimated quantities. The actual quantity purchased may be more or less. The County is not obligated to purchase any minimum amount and the County may .,` purchase any reasonable amount greater than the estimate for the same unit price. Items will • be ordered on an "As Needed"basis. Brazos County reserves the right to award the bid in whole or to one contractor or to award a contract on each separate item or combination of items as may be most advantageous to the County. A primary,secondary,tertiary,and/or subsequent award may be made for this bid by the County. It is expressly understood and agreed that in case Brazos County should need any item(s) not { available within a specified time frame needed from the Successful Bidder(s) during the term of this contract,contractor must provide written verification that is specified timeframe cannot be met. Brazos County then reserves the right to purchase the item(s)from vendors other than the Successful Bidder(s) and shall not be in violation of any terms or conditions of said •. contract. • Brazos County as need basis will send a distributor truck to the Contractors plant for pick up of materials. Contractor will accommodate at any time given notice by Brazos County. Quantities may vary from 500 gallons to 1,500 gallons. 2. Control of Materials a. Material Quality: Materials not meeting Contract requirements will be rejected, unless the Brazos County approves corrective actions. Upon rejection, Contractor shall immediately remove and replace rejected materials. If the Contractor does not comply with this Article, the County may remove and replace defective material and the cost of testing, removal, replacement, and remediation will be deducted from invoice,with any outstanding balance billed to the vendor. • b. Manufacturer Warranties: Transfer to the County warranties and guarantees required by the Contract or received as part of normal trade practice. `+ c. Plant Inspection and Testing: The County may, but is not obligated to, inspect }" materials at the acquisition or manufacturing source. Material samples will be ,. obtained and tested for compliance with quality requirements. -�i Page 12of17 °' ` ' 3. Contractor will be required to maintain proper permits to operate on Brazos County roads and/or property. Any variation from these specifications must be indicated on the Bid or ``1 on a separate attachment to the Bid. The sheet shall be labeled as such. A. QUOTATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation x _,% �Y F purposes. The specified estimates are not guaranteed minimums. Due to fluctuations in crude oil costs over the past year,the awarded vendor(s)will be allowed to submit a request for an escalation in price only if substantiated by written documentation from the vendor's supplier stating an increase in price. F,q, ITEM 300—ASPHALT,OILS,AND EMULSION PRODUCTS PRICE PER , ITEM QUANTITY DESCRIPTION TOTAL GALLON < I. 20,000 Gallons CRS-2P Cationic Rapid Set $ 3.40 $ 68,000.00 CHFRS-2P Cationic High Float 2. 20,000 Gallons Emulsion $ NB $ NB ; ,r 3. 10,000 Gallons CSS-1 H Cationic Emulsion $ 2.90 $ 29,000.00 4. 1,500 Gallons Pick Up of CSS-1 H Cationic Emulsion $ $2.75 $ 4,125.00 5. Free Time: 2 free hours 6. Specific Charges per hour for demurrage after free time: $ 80.00 /HR 7. Minimum Delivery (indicate Freight Charge for below Minimum Delivery): $750.00 8. Specific location of vendor's Plant: 100 Asphalt Lane, Shepherd, Texas 77371 LL, 9. Contact person and phone number at plant: LeeAnn Ails or Keithen Williams, Orders 800-334-0177 Clayton Moore, Sales 800-334-0177 F' ?` \\) Page 13 of17 ; |% Direction to plant \/ � '/ ] . . }/ ! E Is Brazos County allowed to do pickups from plant location' If not please explain 2$/ 7¥, � \2« Yes 13 Number of trucks the compn owns loc ae at the facility that will be servicing Brazos } County: 4 \ 13. The size of trucks the compny owns located at the facility that will be servicing Brazos County: Semi-truck and trailer }\2 14. Please describe any agreemeG that the veno has in place to insure ability to perform this work: \ iz . / z . r•, Page 14 of 17 ``h • G. V.T.C.A. LOCAL GOVERNMENT CODE§262.0276 . �' THIS SECTION MUST BE COMPLETED. FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE BID. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code§262.0276. • 1. This refusal to award a contract to or enter into a transaction with a person, pertains to an • apparent low bidder or successful proposer that is indebted to the County; 2. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership,joint venture, limited liability company,and any other entity that proposes or ; : ;. otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; 3. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written `4 agreements with the County. 4. Prior to award of a contract by the Commissioners' Court,the Purchasing Department will request a statement of account from the Brazos County Tax Office. 5. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non-responsive" and "not responsible", eliminating it from any further consideration of award. 6. These provisions shall apply to any "person"owned, partially owned, managed, operated or represented by a"person"indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title(Owner,Officer,Director,Manager,Etc.) Craig C Moore Owner Scott M Moore Owner Page 15 of 17 H. LEGISLATIVE CERTIFICATIONS ' - Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing— Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,httpslAvww.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating • to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The ;' undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal, under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: I. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel" means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize,inflict economic harm on,or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made or ordinary business purposes; and 2. "Company"means a for-profit sole proprietorship,organization,association,corporation, partnership,joint venture, limited partnership,limited liability partnership,or any limited liability company,including a wholly owned subsidiary,majority-owned subsidiary,parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract. If Respondent does not make 3•; that verification, Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code,Respondent verifies that it(1)does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. Cleveland Asphalt Products, INC. • '}•' CompanyName: P { Authorized Company Representative: Clayton Moore Address: PO Box 1449,Shepherd,Texas 77371 ,-r Signature:--' Date: 10/31/2022 Contract#: 23-024 Page 16 of 17 I. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this Contract, that this bid has not been prepared in collusion with any other vendor and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By,; Typed Name: Clayton Moore Title: Sales Rep. Company Name: Cleveland Asphalt Products, INC. Phone: 800-334-0177 Mailing Address: PO Box 1449, Shepherd,TX 77371 Email Address: clayton.moore@clevelandasphaltproducts.com ccmcapco@msn.com Vendor Tax Identification Number: 76-02444-02 END OF BID REQUEST NO.23-024 ASPHALTS,OILS,AND EMULSIONS By signing below, Brazos County agrees that this bid, 23-024 will be awarded as dictated on the associated bid tabulation sheet, to the Respondent whose name appears above and both parties agree s and condi :ons con . erein. By: Brazos County Commissioner's Court: C- IAAivC PCTt Z S COu_(0-7%4 7,caGe Date: 6 I (NEM Q t✓2�2- oZ oa, ° a a— Attest: Brazos County Clerk: ��(�2-EP C k The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. ❑ References (Section E) ❑ V.T.C.A. Local Government Code§262.0276 for Tax Verification (Section G) 4 Page 17 of 17 0 Legislative Certifications (Section H) 0 All Addendums (if applicable) 0 Certification of Bid (Section I) I.• ; ;S 't` p. i . •••de L. fyl.,r.-=`:.Svc OF :,.. REQUEST FOR BID BID NO. 23-024 Asphalts, Oils, and Emulsions SEALED BIDS TO BE SUBMITTED BEFORE: Tuesday, November 1, 2022, 2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave.Suite 352 Bryan, TX 77803 Phone: (979)361-4290 Fax: (979)361-4293 Respondents, their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent,regarding this solicitation from the issuing date of the solicitation until scheduled oral presentations or the date the Brazos County Commissioners Court meets to consider award of the bid. Any such contact will be grounds for rejection of the Respondent's bid. In compliance with this solicitation, the undersigned Respondent(s) having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following bid for furnishing the material and/or services listed on the attached Bid Form and agrees to deliver said items at the locations and for the prices set forth on the Bid Form. Company Name: ERGON ASPHALT & EMULSIONS, INC. By(Print): KAREN SELLERS Title: ACCOUNT SPECIALIST Physical Address: 11612 RM 2244, BUILDING 1, SUITE 250, AUSTIN, TEXAS 78738 Mailing Address: 11612 RM 2244, BUILDING 1, SUITE 250, AUSTIN, TEXAS 78738 Telephone: 512-469-9292 Fax: 512-469-0391 E-Mail: karen.sellers@ergon.corn Page 2 of 17 Bids will be received at the Brazos County Administration Building,Purchasing Department,200 South Texas Ave Suite 352,Bryan,Texas prior to 2:00 p.m.,Tuesday,November 1,2022 at which time bids will be publicly opened and read aloud. A. SCOPE OF BID 1. Bids are solicited for asphalts,oils and emulsion products and services set forth in this bid request for a one (1) year period beginning January 1, 2023 through December 31, 2023 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDING 1. The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request.All Respondent(s)are required to be informed of these terms and conditions and will be held responsible for having done so: 2. Definitions:In order to simplify the language throughout this bid,the following definitions shall apply: a. BRAZOS COUNTY—Same as County. b. COMMISSIONERS COURT—The elected officials of Brazos County,Texas given the authority to exercise such powers and jurisdiction of all County business as conferred by the State Constitution and Laws. c. CONTRACT — An agreement between the County and a Contractor to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR—The successful Respondent(s) of this bid request. e. COUNTY — The government of Brazos County, Texas and its authorized representative. f. SUB-CONTRACTOR — Any contractor hired by the Contractor or supplier to furnish materials and services specified in the bid request. g. RESPONDENT—Any supplier or vendor responding to the bid request. 3. Upon acceptance and approval by the Commissioners Court, this bid effects a working contract between Brazos County and the Contractor for the period designated. 4. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered;the Respondent(s)must have the bid actually delivered to and received by the Purchasing Department. 5. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. Page 3 of 17 6. Brazos County shall not be responsible for any verbal communication between any employee of the County and any Respondent(s). Only written specifications and written price quotations will be considered.Respondent(s)with questions regarding the bid should submit them in writing via the Brazos Valley e-Marketplace at https://brazosbid.ionwave.net. 7. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 8. Respondent(s)must include Tax Identification Number for the bid to be valid. 9. Should there be a change in ownership or management; the Contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the Contract with its present provisions and prices. This Contract is nontransferable and may not be reassigned by either party. 10. The County may cancel this Contract at any time for any reason, provided a thirty-day written notice is given. 11. The bid award shall be based on,but not necessarily limited to,the following factors: a. Unit Price b. Extended price c. Special needs and requirements of Brazos County d. Results of testing samples(if required by Brazos County) e. Delivery f References g. Brazos County's experience with products bid h. Respondent's past performance record with Brazos County 12. Although the cost of products to be provided is an essential part of the bid,Brazos County is not obligated to award a contract on the sole basis of cost but will award to Respondent considered to be the best value to Brazos County. 13. Acceptance of merchandise, work, and/or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the Contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 14. Title and risk of loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. Page 4 of 17 15. This Contract shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this Contract, when applicable. 16. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the Respondent(s) to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 17. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding a contract. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled, and the Contractor barred from bidding in future solicitations. 18. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 19. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Respondent Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch,nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids not received prior to the expressed date and time listed in this bid will be rejected or returned unopened to the Respondent(s).Bids submitted to any other person or department other than the Brazos County Purchasing Department will not be accepted. 20. It is the Respondent's sole responsibility to print and review all pages of the bid document, attachments, questions and responses, addenda, and special notices. The Certification of Bid Form must be completed to include full firm name, mailing address, telephone number, email address, Vendor Tax Identification number and signed by an authorized representative of the firm. Failure to provide signature on the Certification of Bid Form renders bid non-responsive. Failure to complete the submission of all required forms, including but not limited to the Reference Page, House Bill 89 &Debarment Verification form, Questionnaires (when applicable), Addenda (including revised forms), and any other specified forms or documents may be grounds for rejection of entire bid. By submitting a response to this solicitation, the Respondent(s) agrees to comply with HB 1295,Government Code 2252.908,if awarded a contract. Respondent(s)agrees to provide Page 5 of 17 Brazos County the"Certificate of Interested Parties", Form 1295 as required,for renewals, amendments or extensions to the Contract. Visit https://ethics.state.tx.us/whatsnew/elf info_form1295.htm for more information. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. Any interpretation, corrections or changes to these specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the Brazos County Purchasing Agent, authorized to do so by the Commissioner's Court. Addenda will be made available using the same distribution method used to post or make available the original solicitation. Bidders shall acknowledge receipt of all addenda or their proposal may be considered non-responsive. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos Valley e-Marketplace (https://brazosbid.ionwave.net) after bid award by Commissioner's Court. 23. The bid specifies the number of consecutive calendar days required to reach substantial completion of the project under normal conditions. Failure to comply with completion time will be considered reason enough to enforce liquidated damages and/or cancel the contract. If the job cannot be completed within the terms of the contract as determined by Brazos County,Brazos County will suffer further loss. Contractor and Contractor's Surety shall be liable for and shall pay Owner stipulated and fixed sums, hereinafter agree to as liquidated damages, for each additional calendar day of delay past the thirty (30) days stated in the contract: Two Hundred Fifty Dollars ($250.00). It is understood that said sum shall be considered liquidated damages and shall not be considered as a penalty against the Contractor. 24. Brazos County reserves the right to extend this Contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions of this Contract, if agreed upon by both parties. 25. The Contractor agrees to extend prices and terms to all entities that has entered or will enter into joint purchasing inter-local cooperation agreement(s)with Brazos County. 26. Three(3) references are to be provided by Respondent. Failure to submit references may result in disqualification of bid.Brazos County department references will not be accepted. 27. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. Page 6 of 17 28. Any subcontracting must be approved prior to commencement of the Contract by Brazos County. 29. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 30. Any brand name, or manufacturer's reference used is considered to be descriptive —not restrictive—and is indicative of the type and quality the County desires to purchase. Bids on similar items of like quality will be considered only if it is noted in the bid documents and accompanied by fully descriptive product literature. All substitutions will contain the same active ingredients in the same percentages or quantity of the items listed in the bid. If notation of substitution in not made,it is assumed the Respondent(s)is bidding the item specified. 31. The County does not guarantee to purchase any minimum or maximum quantities. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 32. In the event the Contractor is unable to furnish any item within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these items from any source, without causing this Contract to be canceled. 33. Brazos County will only be required to pay for materials actually received and/or services actually provided. Brazos County shall not be required to pay for materials or services described in the contract that are not used or provided by the Contractor in completion of the Contract. This term supersedes any contradicting terms throughout the Contract and/or any attachments. 34. The,Contractor should submit itemized invoices with clearly marked remittance copies to the following address: Brazos County ATTN: Auditors P.O. Box 914 Bryan, Texas 77806 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed Page 7 of 17 address. Checks will be made payable to the Contractor only, and shall not include sub- contractors, assignees, or any other party. 35. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request from County. 36. Upon award of Contract for any commodity or materials purchased by Brazos County,the Contractor agrees to protect the County from any claim involving patent right infringement,copyright infringement, sales franchise disputes. 37. Unless otherwise specified, all items ordered from the Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 38. This bid shall be governed by the laws of the State of Texas and Potential Respondent(s) and the subsequent Contractor(s) are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of$250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County,County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 39. Venue for any dispute, shall lie exclusively in Brazos County, Texas, notwithstanding anything to the contrary. 40. Respondent(s) understands that Brazos County is a governmental entity subject to Texas State and Federal public information statutes. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this bid and/or subsequent contract and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. This provision is mandatory and may not be altered or deleted, as required by Sec. 552.372(b) of the Texas Government Code. 41. Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the contract and any extensions and renewals thereto. Page 8 of 17 42. The Contractor's work and materials shall comply with all state and federal laws, municipal ordinances, regulations, and directions of inspectors appointed by proper authorities having jurisdiction. 43. The Contractor shall perform and require all subcontractors to perform the work in accordance with applicable laws, codes, ordinances, and regulations of the State of Texas and the United States and in compliance with OSHA and other laws as they apply to its employees. In the event any of the conditions of the specifications violate the code for any industry,then such code conditions shall prevail. 44. The Contractor shall follow all applicable state and federal laws, municipal ordinances, and guidelines concerning soil erosion and sediment control throughout the Project and warranty term. C. SPECIAL PROVISIONS 1. Brazos County reserves the right to request additional samples of products listed in the bid at any time. If a sample request is made after bids and original samples are received, additional samples requested shall be received within five(5)working days of the request. 2. All deliveries are to be made F.O.B. Brazos County Road and Bridge Department, during regular working days,and between the hours of 7:30 A.M.and 5:00 P.M.Monday through Friday, unless otherwise requested by the County and loaded into County trucks by the Supplier; or loaded and hauled and delivered anywhere in the County by the Supplier during the mentioned working days and hours. 3. Contractor will be required to notify the County in the event of unforeseen delay arising in the delivery of a specified shipment. In the event a shipment will not arrive at the job site within two (2) hours of designated time Brazos County shall have the right to refuse acceptance of the order. 4. Contractor will be required to deliver to Brazos County Road and Bridge Depaitiiient or job site in Brazos County when and where requested and remain on the job with truck and operator as long as required to completely place load. 5. Brazos County reserves the right to test any materials delivered at the requested site for compliance with specifications. The Bidder will remove immediately from the job site or right of way any materials that are deemed unsatisfactory. 6. Material Safety Data Sheets and Placards must be furnished at the time of delivery as specified by State and Federal Regulations (IF APPLICABLE). Page 9 of 17 7. Any Contractor vehicles traveling on County roads will not exceed its legal gross weight. 8. Any unauthorized dumping,spills,or other release of products that could be determined a safety or environmental issue shall be immediately brought to County's attention. The spill, dump,or release shall be the sole responsibility of the contractor to clean,remediate, and return the site to the previous condition. D. INSURANCE REQUIREMENTS 1. The Contractor shall instruct his insurance agent or carrier to furnish to the County a Certificate of Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made. 2. The Contractor shall furnish and keep in full force the following insurance during the term of this Contract: 3. Statutory Workmen's Compensation and $1,000,000 Employer's Liability Insurance with waiver of subrogation. 4. General Liability with limits for bodily injury and for property damages of not less than $1,000,000 aggregate, $500,000 each occurrence with Brazos County named as an additional insured and waiver of subrogation. a. Commercial Automotive Liability with $500,000 CSL for Bodily Injury and Property Damage Liability with Brazos County named as additional insured. b. Cargo Insurance to sufficiently cover materials transported. 5. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Contractor receives notification of award. 6. The Contractor agrees to release and hold harmless Brazos County from any and all claims and liability due to the acts of the Contractor's employees and the operation of his equipment. The Contractor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Contractor's employees' activities. Further, the Contractor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Contractor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the Contractor or Brazos County. Page 10 of 17 E. REFERENCES Respondent(s) shall provide a list of at least three(3)references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company/entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Respondent(s)are not allowed to use Brazos County as a reference. Company/Entity: HUNTER INDUSTRIES, LTD. Contact: JOHN WEISMAN, PRESIDENT Phone: (512) 353-7757 Email: johnny@hunterind.com Company/Entity: VIKING CONSTRUCTION Contact: BRAD PEARCE, VICE PRESIDENT Phone: (512) 930-5777 Email: brad@vciss.com Company/Entity: BEXAR COUNTY Contact: TONY VASQUEZ, OPERATIONS MANAGER Phone: (210) 335-6710 Email: avasquez@bexar.org F. SPECIFICATIONS 1. General Information Page 11 of 17 Brazos County is seeking qualified companies to provide: Asphalt, Oil, and Emulsions in accordance with Item 300 of the Texas Department of Transportation, Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges 2014. Quantities shown are estimated Quantities. The actual quantity purchased may be more or less. The County is not obligated to purchase any minimum amount and the County may purchase any reasonable amount greater than the estimate for the same unit price. Items will be ordered on an"As Needed"basis. Brazos County reserves the right to award the bid in whole or to one contractor or to award a contract on each separate item or combination of items as may be most advantageous to the County. A primary,secondary,tertiary, and/or subsequent award may be made for this bid by the County. It is expressly understood and agreed that in case Brazos County should need any item(s) not available within a specified time frame needed from the Successful Bidder(s) during the term of this contract,contractor must provide written verification that is specified timeframe cannot be met. Brazos County then reserves the right to purchase the item(s) from vendors other than the Successful Bidder(s) and shall not be in violation of any terms or conditions of said contract. Brazos County as need basis will send a distributor truck to the Contractors plant for pick up of materials. Contractor will accommodate at any time given notice by Brazos County. Quantities may vary from 500 gallons to 1,500 gallons. 2. Control of Materials a. Material Quality: Materials not meeting Contract requirements will be rejected, unless the Brazos County approves corrective actions. Upon rejection, Contractor shall immediately remove and replace rejected materials. If the Contractor does not comply with this Article, the County may remove and replace defective material and the cost of testing, removal, replacement, and remediation will be deducted from invoice,with any outstanding balance billed to the vendor. b. Manufacturer Warranties: Transfer to the County warranties and guarantees required by the Contract or received as part of normal trade practice. c. Plant Inspection and Testing: The County may, but is not obligated to, inspect materials at the acquisition or manufacturing source. Material samples will be obtained and tested for compliance with quality requirements. Page 12 of 17 3. Contractor will be required to maintain proper permits to operate on Brazos County roads and/or property. Any variation from these specifications must be indicated on the Bid or on a separate attachment to the Bid. The sheet shall be labeled as such. A. QUOTATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Due to fluctuations in crude oil costs over the past year,the awarded vendor(s)will be allowed to submit a request for an escalation in price only if substantiated by written documentation from the vendor's supplier stating an increase in price. ITEM 300—ASPHALT, OILS,AND EMULSION PRODUCTS ITEM QUANTITY DESCRIPTION PRICE PER TOTAL GALLON PLEASE ALLOW 24 HOURS AFTER ORDER IS PLACED FOR DELIVERY. 1. 20,000 Gallons CRS-2P Cationic Rapid Set $ 3.39 $ 67,800.00 CHFRS-2P Cationic High Float 2. 20,000 Gallons Emulsion $ 3.49 $ 69,800.00 3. 10,000 Gallons CSS-1H Cationic Emulsion $ 2.94 $ 29,400.00 4. 1,500 Gallons Pick Up of CSS-1H Cationic Emulsion $ 2.75 $ 4,125.00 RETURN FREIGHT IS ONE—HALF OF THE OUTGOING TARIFF. 5. Free Time: 2 HOURS -- 6. Specific Charges per hour for demurrage after free time: $ 90.00 /HR FOR EQUIPMENT ORDERED, BUT NOT USED, CARRIER MAY CHARGE UP TO $400.00. 7. Minimum Delivery(indicate Freight Charge for below Minimum Delivery): 5,500 GALLONS IS CONSIDERED A FULL LOAD. FREIGHT FOR FULL LOAD IS $1,045.00. 8. Specific location of vendor's Plant: 4648 WESTERN WAY, TEMPLE, TEXAS 76504 9. Contact person and phone number at plant: CHEYANNE CULP or DANNY LEAL (254) 773-8040 Page 13 of 17 10. Direction to plant A MAP AND DIRECTIONS ARE ATTACHED. 11. Is Brazos County allowed to do pickups from plant location?If not please explain: YES 12. Number of trucks the company owns located at the facility that will be servicing Brazos County: NONE 13. The size of trucks the company owns located at the facility that will be servicing Brazos County: . _. . N/A 14. Please describe any agreements that the vendor has in place to insure ability to perform this work: N/A Maps Tray •, ` - '-. 6remond si Rosebud ,.. 1 , , _ Franklin Hen Arnold p Caf+ rt Rogers d • land Cameron• `� Davilta Gause i • bake p a 40-44 .Milano ` Rockdale Ttlomdate fl 21"1?3KM rosoft Corpo tioa © 2022 Microsoft Corporation, © 2022 TomTom 1 h 28 min • 75.9 mi Light traffic via US-190 W/TX-6 N,US-190/TX-6 N and US-190 W/TX-6 Bryan IHead north on S Texas Ave vt 4.4 mi Keep right onto N State Highway 6 17.1 mi Turn left onto FM 485 38.5 mi Turn left onto State Highway 53 1 9.9 mi Turn right onto NE H K Dodgen Loop r 5 mi Turn right onto Lucius McCelvey Dr Page 1 0.3 mi Turn left onto Wilsonart Dr r 0.5 mi Turn right pull 0.2 mi 17 Your destination is on the right Ergon Asphalt& Emulsions Inc 4648 Western Way,Temple,TX,76504 Bryan Ergon Asphalt& Emulsions Inc Ae 3tthsr © 2022 Microsoft Corporation, © 2022 TomTom © 2022 Microsoft Corporation, © 2022 TomTom Maps Page 2 Page 14 of 17 G. V.T.C.A.LOCAL GOVERNMENT CODE§262.0276 THIS SECTION MUST BE COMPLETED. FAILURE TO COMPLETE THIS SECTION WILL DISQUALIFY THE BID. Brazos County shall refuse to enter into a contract or other transaction with a person who owes a debt to the County per V.T.C.A Local Government Code§262.0276. 1. This refusal to award a contract to or enter into a transaction with a person,pertains to an apparent low bidder or successful proposer that is indebted to the County; 2. "Person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership,joint venture, limited liability company,and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the County requiring approval by the Commissioner's Court; 3. "Debt shall include delinquent taxes, fines, fees, or delinquencies arising from written agreements with the County. 4. Prior to award of a contract by the Commissioners' Court,the Purchasing Department will request a statement of account from the Brazos County Tax Office. 5. Any "debt" as defined above, that is reflected on the statement of account, will be documented and placed in the bid file. The bid or proposal from the person with the debt shall be considered "non-responsive" and "not responsible", eliminating it from any further consideration of award. 6. These provisions shall apply to any"person"owned,partially owned, managed, operated or represented by a"person"indebted to the County. Please list all the names of the individuals that have ownership, officers, managers, and board of directors that you have associated with your entity below. Name Title(Owner,Officer,Director,Manager,Etc.) BILL, LEE, LESLIE AND BOARD OF DIRECTORS ROBERT LAMPTON KRIS PATRICK PRESIDENT & CEO — ERGON, INC. KATHRYN STONE EXECUTIVE VICE PRESIDENT & SECRETARY J. BAXTER BURNS, II PRESIDENT — ERGON ASPHALT & EMULSIONS PATRICK NATION SENIOR VICE PRESIDENT SALES AND MARKETING TIM MacDONALD REGIONAL VICE PRESIDENT Page 15 of 17 H. LEGISLATIVE CERTIFICATIONS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order (EO) 13224, Executive Order on Terrorist Financing—Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, effective 9/24/2001 and any subsequent changes made to it via cross-referencing respondents/vendors with the Federal General Services Administration's Excluded Parties List System(EPLS,https://www.sam.gov),which is inclusive of the United States Treasury's Office of Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and that Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov.The undersigned affirms the non-debarment statement above,that they are duly authorized execute this contract.The company representative below further affirms,that the company submitting this proposal,under the provisions of Subtitle F,Title 10,Government Code Chapter 2271: 1. Does not boycott Israel currently;and 2. Will not boycott Israel during the term of the contract. Pursuant to Section 2270.001,and 2274.002 Texas Government Code: 1. "Boycott Israel"means refusing to deal with,terminating business activities with,or otherwise taking any action that is intended to penalize, inflict economic harm on,or limit commercial relations specifically with Israel,or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made or ordinary business purposes; and 2. "Company"means a for-profit sole proprietorship,organization,association,corporation, partnership,joint venture,limited partnership,limited liability partnership,or any limited liability company,including a wholly owned subsidiary,majority-owned subsidiary,parent company or affiliate of those entities or business associations that exist to make a profit. 3. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code,Respondent verifies that Respondent does not boycott energy companies and will not boycott energy companies during the term of the Contract.If Respondent does not make that verification,Respondent must so indicate in its Response and state why the certification is not required. 4. If Respondent is required to make a verification pursuant to Section 2274.002 of the Texas Government Code,Respondent verifies that it(1)does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association and(2)will not discriminate during the term of the contract against a firearm entity or firearm trade association. If Respondent does not make that verification,Respondent must so indicate in its Response and state why the verification is not required. Company Name: ERGON ASPHALT & EMULSIONS, INC. Authorized Company Representative: KAREN SELLERS Address: 11612 RM 2244, BUILDING 1, SUITE 250 AUSTIN, TEXAS /(78738 Signature: CA1?�r) �SL�C.QA,`�1�] Date: OCTOBER 27, 2022 Contract#: BID NO. 23-024 ASPHALTS, OILS AND EMULSIONS Page 16 of 17 I. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this Contract, that this bid has not been prepared in collusion with any other vendor and that the contents of this bid have not been communicated to any other vendor prior to the official opening of this bid. Signed By: hCale Y7 :51 T > Typed Name: KAREN SELLERS Title: ACCOUNT SPECIALIST Company Name: ERGON ASPHALT & EMULSIONS, INC. Phone: (512) 469-9292 Mailing Address: 11612 RM 2244, BUILDING 1, SUITE 250 AUSTIN, TEXAS 78738 Email Address: karen.sellers@ergon.corn Vendor Tax Identification Number: 64-0666411 END OF BID REQUEST NO. 23-024 ASPHALTS, OILS,AND EMULSIONS By signing below, Brazos County agrees that this bid, 23-024 will be awarded as dictated on the associated bid tabulation sheet, to the Respondent whose name appears above and both parties a and con i ions contai erein. By: Brazos County Commissioner's Court: Dt.)-P1r1 E PE rc.g_S Coo-r Date: l 1OVE rr' 5E c -Q o2 Attest: CXZ‘--Je Brazos County Clerk: � A gEht 1" - C C .t.tEt-ry The following items should be completed and included in your bid submission. Failure to include these items will disqualify your bid. ❑ References (Section E) ❑ V.T.C.A. Local Government Code §262.0276 for Tax Verification (Section G) Page 17 of 17 ❑ Legislative Certifications (Section H) ❑ All Addendums (if applicable) ❑ Certification of Bid (Section I) PCL XL error Subsystem: KERNEL Error: InsufficientMemory Operator: Beginlmage Position: 169053 .i ,y E,dr•. TAI4Ti BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM E.Duane Peters • PrathanaBanerji,P.E..CFM Brazos County Judge County Engineer Brazos County Road&Bridge Dept. Steve Aldrich 2817 SH 21.West Commissioner Pet.1 Bryan,'Texas 77803 Office: 87&822 2127 Chuck Kanderta Fax:979.775-0453 Commtsstoner'Pct-2 Nancy Berry .. Commissioner PcL 3 Wanda Watson Commissioner Pct.4 I. OWNER(S): Mark and Mary.Price II. ADDRESS: 4587 Cricket Pass College Station, Texas 77845 HI. LOCATION OF WORK: 4587 Cricket Pass, College Station; Texas R33779, Nantucket Subd., Ph. 1, Block 1', Lot 24,2.85 acres IV. DESCRIPTION OF WORK TO BE DONE: Permission to enter private property to grade creek bottom to achieve proper drainage of roadway culvert located On Cricket Pass. This work is being done for the health, safety and welfare of the general public.. Site located in Precinct 1. Additional Comments: V. MAINTENANCE: Yes No _ X IF YES, ESTIMATED FREQUENCY OF MAINTENANCE: NA . I (we) the undersigned,.owner(s) grant permission to Brazos County the ability to access the above-mentioned private property for roadway maintenance purposes. 0 Owner's Signature: Date: 9/iz_/47 41' PratFian anerji, P.E. : V. Salvato County Engineer gf t.of Way Agent S,�jpS O,gP • t,A'• :•�4' 113 If OG�TYOF��4ti:: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2024 Reliance Ridge Subd- County Maintenance Acceptance DATE OF COURT MEETING: 9/17/2024 ITEM: Request approval of acceptance of the roads and roadway drainage structures in Reliance Ridge Subdivision into the Brazos County road maintenance system. Site is located in Precinct 2. TO: Commissioners Court FROM: Karen Tyler DATE: 09/11/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 REQUIREMENTS: The roads(Reliance Ridge Circle,Mathis Creek Drive,Luke Court)and roadway drainage structures are in compliance with the Brazos County Subdivision Regulations. • Brazos County will not assume maintenance responsibility behind the curb;or for street lights;or for esplanades or median strips,etc. • Brazos County will not assume maintenance responsibility for drainage ways or easements other than those that directly drain the roadway. NOTES/EXCEPTIONS: • Private drainage ways,access easements or other easements will be maintained by the individual property owners or the Home Owners Association(HOA). • Brazos County will maintain the roadway,shoulders as needed and drainage facilities which directly drain the roadway. • The property owners/HOA will be responsible for mowing and landscape maintenance of all rights of ways and easements. ATTACHMENT File Name Description Tvpe bAttwh rents xerstie APPRO ttliar • • Duane Peters Date County Judge � pyOFa ':.. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-BTU-Carrabba DATE OF COURT MEETING: 9/17/2024 ITEM: Consider and take action on the Bryan Texas Utilities(BTU)permit to install utility pole,guy wire and aerial electrical crossing within the right-of-way of Carrabba Road. Project will provide power to new industrial park. Site is located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 09/10/2024 • FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Ix� Utinty_PerrnitBTU-Carrabba.pdf Utility PerntitBTU-Carrabba Road Backup Material APPRO Duane Peters Date County Judge APPLICATION FOR ELECTRICAL UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY,TEXAS Pursuant to the Texas Utility Code, Section 181.044, comes now BRYAN TEXAS UTILTIES , hereinafter referred to as "Company" a Texas Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Engineer for the approval of the location to lay, construct, maintain, repair and/or operate lines under, over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facili_ty to Cross Road Length of TYPE OF CONSTRUCTION Road Name&Block Number Crossine /CHECK ONE) Bored Jacked Cased Aerial CARRABBA Road 50 Feet X facility to Parallel County Road Within Right Ot-Wav Road Name and Block Number From To Distance CARRABBA Road 30.734388-96.324280 30.734352-96.324222 40 Feet 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 10 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60'h day, Company will be required to apply for a new permit. Company declares that prior to beginning construction/work, it will 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 and privileges herein set out are 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 on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees. to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with installation requirements set forth herein (i.e. depth,location, etc),Company assumes all financial responsibility for damages and/or destruction of lines,cables,etc. based upon its failure to comply with Brazos County requirements. This permit is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole discretion of Brazos County for interests of public health, safety or welfare, or for failure to repair any damages upon demand,or for any other reason deemed sufficient by Brazos County. In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke this Permit by verbal notification to the ApplicantCompany. Failure to obtain this permit and/or not fy the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, [certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this permit. Bryan Texas Utilities Company Name Chris Lenz By: ature Line Designer Title 2205 Fountain Ave.Ste. 100 Address Bryan ' TX 77801 City State Zip 979-821-5865 Telephone Number clenz@btutilities.com Email APPROVAL Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated September 10,2024 except as noted below: (Month/Day/Year) EXCEPTIONS: NONE fiA" Br,fos County Engineer CUSTOMER W,M E P7D ENDUSTRIAL PARK MOM979.492.1777 o wi BY CHRIS LENZ 8 MA12012024 N HOURS BRYAN TEXAS UTILITIES SE,�E„or,RESS E sH 21CKEOKEG ;NSTKL 13462 LINE OF-SIGN.EHca+FERING•SYST[]AVWJVNGBill.. BRYpj MR ST PROJECT NO 2711•RS0229 JOB NO job4oh pr REVISEDREMOVE i 145.71 ore-aitsno CONST TYPE OH PRI(OH) PAc., 1 of 4 •.eewcwws ro tar _ _ /////fiffir /// N� ` , � fob /ih' / // / / �i° i / / i / / / // / ' ,s/ / , ,\\ ‹1 `;\ \\ \\\ RS-P122053 '\� / / / / f/ / \ / / / i / --.. --, •-...1:'''',?'-: •... . a 1; ' 1 / // / / /` N. i \ / // / Z E /// GATE CODE '`�� � {:f\\�> '1 /�� / ` T333 � �'� :� x �s� // 4�� Z i. ' E \/ '' \ / '1•.5•. '' f'�� \ / , ;r {; ' EX4-P134155 'N / f / / � • // /i y . , // / / //7 113•121,156'k...co Q5P \ i hrn J // f/// /// ' ' / \ N ill 'PO /' i/////4` / // 4,' �'/ / INSTALLING ONE UTILITY POLE(N2)AND GUY / '\, / / / i/ / / i/ /,i WIRE IN COUNTY RIGHT OR WAY.THE NEW UTILITY , / ii / / / / /' T658 POLE WOULD BE INSTALLED APPROX. 11'(SW)OF / /• PAVEMENT.THERE WILL ALSO BEATHREE PHASE / / / // / \ / AERIAL LINE INSTALLED CROSSING CARRABBA RD s...wr® //. !/ %//� FROM N2 TO EX4. / • . / • '+,,/ / ROW AT THIS LOCATION IS 70'. • • • BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN • BRAZOS COUNTY RIGHTS OF WAY • A. General Requirements . • 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lasts of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Penn ittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public: B. Safely Requireme►►ts I. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid, constructed,maintained and/or repaired sous to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the • Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C Traffic Control Plan 1. A traffic control plan,pursuant to'the TMUTCD or Engineered Traffic Control Plan must be provided for the fallowing: a. Any construction(i.e. pit,excavation, hole)left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten(10) feet of the roadway;or c. Any work performed in the road right-of==way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight(48) inches below ditch flow line if low pressure gas or petroleum lines, For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten(I 0) feet from the edge of pavement. Exceptions may apply in tights of way of less than 60'. • 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power—0-2 feet, nominally I' Phone-2-4 feet, nominally 3' Gas—4-6 feet,nominally 5' Cable—6-8 feet,nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above,however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(1) inch.Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and joints, 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place.See Traffic Control Plan listed above, c. pits shall NOT be located within ten (10)-feet from the edge of pavement without prior approval from the-County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil.conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon,soil.conditions,the County Engineer or his representative mayrequire pits be placed further from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c, based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess.water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall.be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. I I.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing•construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety.Appropriate traffic control shall be provided meeting TMUTCD requirements. • 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. • 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. -In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior to conducting emergency repahs, Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road& Bridge Office an opportunity to'inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. • F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables,conduits,and/or pole lines which,require disturbance of the soil,shall not be performed until plans describing such maintenance and/or repair have been.approved by the County'Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement; alteration or relocation of all or any portion of said road,any or all poles,wires, pipes, . cables or other facilities and appurtenances authorized hereunder, shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines(generally 60 PSI or greater),whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline • 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety. Standards for Liquid and Gas.Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way.Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. 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I ip- I t ... .tii .Die_.63 �.ta'_.04 t.'8P :Pw s► • Y ►•� • s .Kf' .0►1 .00 :e► .6fe ��11.�tK. P► I . I •I.li L.-.- � 1. .Oil • Ala ' Al .SC .pi; .s°1. -{�1.1 so . $ E •R; t1 ally_in •. •.al .41p .0% .t!< .al..t71 ptt. i K.' I -y . 'R iC st CP.. 9 ®/ 1u •si•1a.a..ao1M r•~i _.11 .1 • • F "'Oa_mina,.sates. .1a�e. .a _ '11i•,PY•It, ..4 a�A� I ll -Asia . eli p•PEP•1 tail r 1� 1 - :r el -era�'.. r ,.) •oa� E • • Ili S ,+I• i sllyul tan .r M 1 0I 4 at 1:.10 ��� moo'au• .00..1 .,ow....lbl.®Il ayJ+ m� 14 {�I Q E:a .•vs:11.aR mu, Am *l•IM1 al•a's lta••11 •rri I • . ! 2-I . ...►•••Sq•11.4-.. .. as••1.I.s a./f.615� 1 I i 3 1 • • ' pF' 7 Og BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC 2024-Brazos Wifi-Greenleaf DATE OF COURT MEETING: 9/17/2024 ITEM: Consider and take action on the Brazos Wl FI utility permit to construct road bore under Greenleaf Lane(Rustic Oaks Subdivision)to install fiber optic cable for intemet service.Site is located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 09/09/2024 ' FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Brazos County ONLY maintains to the"County Maintenance Ends"sign which is NOTES/EXCEPTIONS: approximately 650 feet south-west of Rustic Oaks Drive,therefore ONLY the 330 foot crossing is being permitted. All utilities MUST be placed within the platted Public Utility Easement(PUE)and are not allowed In County Right-of-Way(ROW). ATTACHMENTS: File Name Description Type Utility_Permit Brazos Wifi- Utility Permit-Brazes Wifi-Greenleaf Lane Backup Material Greeleaf Lane.pdf • APPRO� Duane Peters Date County Judge NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Brazos WIFI _, hereinafter referred to as"Company" a Texas Corporation,with authority to transact business in Texas,acting by and through its duly authorized representative,and hereby notifies the County Engineer of its intent to lay,construct, maintain, repair and/or operate a telephone facility under,over,across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: See Directional bore 60 feet under Greenleaf Lane at 330 feet, 704 feet, 1433 feet,2150 feet and Exception 2520 feetfrom Rustic Oaks Dive. Crossing will be a minimum of 36 inches under the bottom Note* of the ditch and a minimum of 60 inches under the roadway. Direction boring will also be completed in the 16'Utility Easement along the length of Greenleaf Drive from the intersection of Rustic Oaks for approx.2900 feet. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 . 90 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day,Company will be required to provide a new notice. 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice,the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below,I certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardy By: 76sts Signature Project Manager Title 12135 S. Hwy 30,College Station,TX 77845 Address (979)999-7010 Telephone Number tim@,brazoswifi.com E-mail ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated September 5,2024 except as noted below: EXCEPTIONS: Brazos County ONLY maintains to the "County Maintenance Ends" sign which is approximately 650 feet south-west of Rustic Oaks Drive, therefore ONLY the 330 foot crossing is being permitted. All utilities MUST be placed within the platted Public Utility Easement (PUE) and are not allowed in County Right-of- Way (ROW). �� O / Br County Engineer la Untitled Pap . . 4 14 t ,`q1. .oeali awODtoun areaorzannat .: ..; i :. •• ,: .. '.1 4 t-) ,. r .: .. .. .. t ti OQns ldtlie mourn03Df olds Ile mane el M4eaane a emmod6ftl Lem ar eea nasray zaa lad km Rom Oms Pc /' �' 1 0!ateon a>Mg eNaaaboop. 1Me0n?s eanyRQW;i i?erps�l manure awl ar Mgl+dC# aeD tla feW r Po 13;apec 3OClt - • 1 r- - .. ,. . .. 4 ter•• IN 4 , 41 • • 10/ea NI t go v. ,irtil ?` a` , 4 +� :'> L Ie ) ,.4 , , yee +:, . c .11 ,, 41 , 1 _ f fr ..,.. ., • , y• . . ,.. „,,,,,„. r.,.... ,.. , _ ....,, ...,... ... .1 411 r i Google Ea..th J` r r`f t.. }; 7 } ., , �N • \� ,. �. �c. FINAL PLAT \ • •�pc ..• ,�? a r`xr .1 .. yti�t`t, • �:. M;..p RUSTIC OARS.SUBDiViSION.I. r • `•n �' \ q"1� ♦ • • I65.78 ACRES PHASE ONE Oy v. / • \.lyJ' .�'" A. �\ , ~1� WESLEY BERRYNAN SURVEY,A-79- - . .G W. WILSONSURYEY.A^243 _ '�. .. •�A'\ �-r.� n .. .. .. .J.33.RILEY SVRVEY.A-203 - . j'� VA... \ \. o�P' •. , - by P\ .�r.e Z03 COUNTY,TEXA y • y. if �� ter'• 8 `�q e,o-• �• V. ` t°`vr,,_. f ,ref ` I , . .-7"7"--rr '.: - ...-IIMirt. ' ' ,P. . •.4. \ -, IA .-4. 4, - , \ r ' ; e.a.. ..(, • '� �' t ate,... '� ¢ • . `... i � a•e yeti % f f. . • • . i. t.! a - \ :i' ,. `S a. A ,.3. 1��►• \� \J / ®r is�.wr a n:w`r'wu• ,Siti.or ls . .. . . .o Ykk • .: 4. W.1.. 6 \./•0es/1'.� , ,r�" ��. b:,r ,a�' I' r«:•ti vP II! 4.: a7 bar ..•.' ,,,,N,..„ i' . %%or s,\1 ` °.„, f••0� a914• 1T. •�,/ .'/ �• "*� 1 ' �qj+// .. .ssr::rir • '� .d �'.. -'r` '�'' _�.J.' b �y�f .\\�\1 I , FA• ....▪...............................111..........' ...n, nom ono is.�ww«.»� \:G •a - .".• t•.. -r- • WOr C. •�' - A u ww..•..w....s r.....r ..�». �».:�.,..,. wrr.w c fi I a�rx�y� f 4, .J mow. •tier► f c• `ti f�} \ �4' a _.:..v»=.. .....rr.......w ...a .... • . ..*: . 'ff.. • Irf.k.;, .7 1.1,:arWA ' .4...'....c>'41- Or tir .o.'''‘.' a,....1 . .i • : � r • . "y ti : Ir 4... sN. ..i _i - , \_ ,.. S +ii71M' ww .='•w�� r ~ y •• • •• ri; i .."� , �? ' \ I fv 4 I" $ ' ' • ti ka.�isa+'• �• ": .� � J'� , tl\ t . .� ` ".Tr,� . . . . if' ? ' v Y r ▪ � 7oti wU 'vw • nr w..r.»r.•w.._r.. °1h j�• « ti\. t • ta • '- : :if Ii ^T • _ _▪ a .... �.. .▪_. .. . . .r I a :,` .rat'" i"t..i..'J- =.IfAL:. .... p [� ..w'i M�, a[.xc 1 '�'' ._. .. �.f_L N. Rf3 Z - �G•a`w'As .........w.r..e a...•. .••.. . .. ..:" .. .» -�� O_ U r t ' ....•..+. .. y • BRAZOS COUNTY ROADWAY SAFETY AND ROAD • PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY • A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. • 3. The permittee shall take precautions to avoid damage to property, All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or • appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior • occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not perm•ittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists, then the County Engineer will decide whether such project will be allowed.or if an alternative exists so as not to inconvenience the public. B. Safely Requiremestls i. Proper traffic control Measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,ail safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary, in order to safely conduct the public through the project area. Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. ' Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. • 5. No cable,conduit and/or pole line shall be laid,constructed,maintained and/or repaired so as to • constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in.the. Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. • C. Traffic Control Plait 1. A traffic control plan,pursuant to the TMUTCD or Engineered Traffic Control Plan must he provided for the following: a. Any construction(i.e. pit,excavation, hole) left open over night,requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; • 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan roust set forth the time of completion for the job. D. Design Standards • 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public.Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall(these are minimum depths—utility may place deeper): a: be placed at a minimum depth of forty-eight (48)inches below the top of the pavement; b. be at least thirty-six(36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight(48)inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten(10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility.The locations shall be as follows:(Measured from • back of right-of-way). Power—0-2 feet, nominally l' Phone—2-4 feet, nominally'3' Gas—4-6 feet,nominally 5' • Cable—6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manneras referenced in No. 3 above,however,-the County Engineer or its designated representative will • provide final approval of each utility location. • 7. The length of any trench to be opened ill advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. he bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(1) inch. Brazos County must be.given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be:followed for all boring,jacking, tunneling and - joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; • b. all pits shall-have proper traffic control measures in place. See Traffic Control Plait listed above.. • c. pits shall NOT be located within ten(10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten(I 0)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfrlling.Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e: All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. in the event Company damages the slope, shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying,construction,Maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety.Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires.Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency wok I. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior toconducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. - ' 'F. Repairs to existing facilities .. ' I. Maintenance and/or repair to existing cables,conduits,and/or pole lines which require disturbance of the - . . soil,shall not-be performed until.plans describing such maintenance and/or repair have been approved by • `-,the County Engineer or designated representative and a permit has been obtained. - G. Relocation of utilities: . - 1. When and if the County Engineer determines that it is necessary for the construction, repair, • improvement,alteration or relocation of all or any portion of said road,any or all poles,wires,pipes, - cables or other facilities and appurtenances authorized hereunder,shall be removed front said road,or reset or relocated thereon,as required by the County Engineer within areasonable time as determined by • the County Engineer and Utility Company,and at the expense of the Utility Company. . H. High Pressure Pipelines I. All utility Permits for high pressure pipelines(generally 60 PSI or:greater),whether pertaining to controlled access or-non-controlled access installations, should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification minimum yield strength -maximum operation pressure of the pipeline 2. With the exception Of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing:: ' 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company: 4, Petroleum Pipelines: . Depth Type of Pipeline (below deepest ditch grade) Special Requirements ' - Encased Pipe Less than'l0' Must be covered with concrete pad at least 36"deep Encased Pipe . Greater than 10' No concrete pad required Non-Cased Pipe i Less than 10' Must be covered with concrete pad at least 48"deep, Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3"thick and 'width shall be pipe diameter plus 18" . minimum. . . 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- . . Way.Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. Natural.Gas Distribution is a line that serves the final customer. I i.1 al • .10. am s. _�� - ` 11-t - .t �e 6paoy Iauoi nua -- „�„ • 4.tl0 D Sp�2i 1ova1+� ] spaoy ;alia1d119AUCI� _ �I .a.- Ma H3O1OOIS NO S313IH3A )i8OM Il3a1fOHS NO 33ddS VOA U301O0HS I4V3N 33YdS NEON Zi-Il-Z1d31 (pi-2) da1 Ia1-Z) 41 (DI-Z) 41. IHOJA 1I3a1fOlis avon 1VNOIIN3AN03 Ndld l0}1iNO3 3Id3tl81 Is.• - aO At II u� wipitzdana I it; a i..Ii ili I ogta qe!•4 aw nBIL'saaWlllo• Wa / >>a.ia.a,u. .»a I>m. I'w5�i7i>tl179 le♦lan slii. 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MIl®smoNIM. *mamas tit a1N ati ..t 3 + 1 II sa.,1.• j N I i .to a. b11 V ( G Ii /1 I a sW1 llJWa alai `R' I ells I _ .J< MM i .Y ' -1l7Op i0if K1agi�1 Nang w•M i♦laa•ll '/ p 14 .11.1 Q :S agar,...4dNy 11 !!! wawa&MI•+I i _ N saw♦iR. N Na1W♦aa La•.I i ., a aaaili I . I lilt ll•alias tO1111•1-M7 •a. , •a•►tal-9 t.swl aM I - ; 083931 + , NIyop e t \ G rY OF:8$••'. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-Brazos Wifl-Orange Cove DATE OF COURT MEETING: 9/17/2024 ITEM: Consider and take action on the Brazos WI F I utility permit to construct road bore under Orange Cove(Shady Grove Subdivision)to install fiber optic cable for Internet service.Site is located in Precinct 2. TO: Commissioners Court • FROM: Joe Salvato DATE: 09/11/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Brazos County is ONLY permitting the road bore shown an NOTES/EXCEPTI ONS: plans. All utilities MUST be placed within the platted Public Utility Easement(PUE)and are not allowed in the County Right-of-Way(ROW). ATTACHMENTS: File Name Description Type Ufiiity_Permit-Brazos Wifi-Orange Cove.pdf May Permit-Brazos Will-Orange Cove Backup Material • APPRO .,w CS! Duane Peters Date County Judge NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF ULIY COUNTY GT OF TO: THE COUNTY ENGINEERTIT IN OF O BRAZOSRI COHUNTY WAY, TEXAS Comes now Brazos Wifi, hereinafter referred to as"Company"a Texas Corporation,with authority to transact business in Texas,acting by and through its duly authorized representative,and hereby notifies the County Engineer of its intent to Iay,construct, maintain, repair and/or operate a telephone facility under, over,across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore 60 feet under Orange Cove at intersection with Shady Lane. Crossing will be a minimum,of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. Direction boring will also be completed in the 16' Utility Easement along the length of Orange Cove from the intersection of Shady Lane for approx. 500 feet. The location arid description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice,the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardy By: 764 qauif Signature Project Manager Title 12135 S. Hwy 30,College Station.TX 77845 Address (979)999-7010 Telephone Number tim@brazoswifi.com E-mail ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated September 10,2024 except as noted below: EXCEPTIONS: Brazos County is ONLY permitting the road bore shown on plans. All utilities MUST be placed within the platted Public Utility Easement(PUE) and are not allowed in the County Right-of-Way (ROW). 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All Cotmty Right of Way and properly. shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not.permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safely Requirements I. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. • 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary, in order to safely conduct the public through the project area.Company shall.provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid, constructed,maintained and/or repaired so as to- constitute a danger or hazard of any kind to persons or vehicles using such road.Any poles placed in the. Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C Traffic Control Plan 1. A traffic control plan,pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following:• a. Any construction(i.e.pit,excavation, hole)left open over night, requires specific nighttime traffic control Measures pursuant to the TMUTCD; b. if construction is within ten (10)feet of the roadway;or c. Any work performed in the road right-of-way; • : 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards - i. All'overhead installations shall conform to clearance standards of the Texas,Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public.Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. MI underground installations shall(these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight:(48) inches below ditch flow line if low pressure gas or petroleum lines.For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten (10)feet from the edge of pavement. Exceptions may apply in rights of way of • less than 60'. • 4. Water Lines:All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway: 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility.The locations shall be as follows: (measured from • back of right-of-way). • Power—0-2 feet, nominally I' Phone—2-4 feet, nominally 3'• Gas 4-6 feet,nominally 5' Cable T 6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however,the County Engineer or its designated representative will provide final approval of each utility location. • 7. The length of any trench to be opened in advance of the pipe,conduit or ducts.may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b: be pressure grouted for the full length of the crossing if the annular space between pipe and casing :and soil exceeds one(1) inch. Brazos County Must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c, TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and joints. 9. Bore Pits . a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place.See Traffic Control Plan listed above, c. pits shall NOT be located within ten(10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling.Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. Ali disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12.Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. • E. Emergency work 1. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior to conducting emergency repairs,Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. • • F. Repairs to existing facilities 1. Maintenance and/or repair to existing cables,conduits,and/or pole lines which require disturbance of the soil,shall not be performed until plans describing.siich maintenance and/or repair have been approved by the County Engineer or designated.representative and a permit has been obtained. G.Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction,repair, improvement,alteration or relocation of all or any portion of said road,any or all poles,wires,pipes, cables or other facilities and appurtenances authorized hereunder,shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of.the Utility Company. H. High Pressure Pipelines 1. All utility Permits for high pressure pipelines(generally 60 PSI or greater),whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -mininium yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe'Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline ,(below deepest ditch grade) Special Requirements • Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased.Pipe Greater than 10' .No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way.Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer: • Ili ! t1W O • r/F, a .. I •. mm tips t•s.t.•t .• a.e..11sf.p abaft. 11ti 1 . 7• • bs+.ti•.Hpa• Mt Inx f tam.• 4 . 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I dt„• TRAFFIC CONTROL PLAN aw nitscoNV9IIIONAL ROAD SHOULDER WORK TCP (2-1a1 TCP (2-ID1 TCP 12-la) ?CM-II-12 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER , War loom"ra L..,, ..,rpm• rasp. cc Cenvenfional Rands Conventional Roads Conventional RaodaWiwi* OM MI OS it. — 141 oaf are �*MA. .. F t. 6 D ..o '_ ; off: Gars'ofa91-rq'. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-Brazos Wifi-Peach Tree DATE OF COURT MEETING: 9/17/2024 ITEM: Consider and take action on the Brazos WI Fl utility permit to construct three(3)road bores under Peach Tree Drive(Shady Grove Subdivision)to install fiber optic cable for intemet service. Sites are located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 09/11/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Brazos County is ONLY permitting the road bores shown on NOTES/EXCEPTIONS: plans. All utilities MUST be placed within the platted Public Utility Easement(PUE)and are not allowed in the County Right-of-Way(ROW). ATTACHMENTS: File Name Description Tyne Utiliity_Perrnit Brazos_Wifi-Peach Tree,pdf Utility Permit-Brazos Wifi-Peach Tree Drive Backup Material APPROVED .4% glba il. .1141 a-if- Duane Peters Date County Judge NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Brazos Wifi, hereinafter referred to as"Company"a Texas Corporation, with authority to transact business in Texas,acting by and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct,maintain, repair and/or operate a telephone facility under, over,across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore 60 feet under Peachtree Drive at the following locations from the intersection of Peach Tree Drive and Shady Lane: 460 feet,800 feet and 1145 feet. Crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. Direction boring will also be completed in the 16' Utility Easement along the length of Peach Tree Drive from the intersection of Shady Lane for approx. 1500 feet. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice,the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardy By: 7 ss `Wa Wq Signature Project Manager Title 12135 S. Hwy 30,College Station,TX 77845 Address (979)999-7010 Telephone Number tim@brazoswifi.com E-mail ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated September 10,2024 except as noted below: EXCEPTIONS: Brazos County is ONLY permitting the road bores shown on plans. All utilities MUST be placed within the platted Public Utility Easement (PUE) and are not allowed in the County Right-of-Way (ROW). 1A fOt.- Br. •: County Engineer • Y ! 1 $' S • 4 , % 4 • 1 '\ ("r( ,!N {ems ` �.•.f VVV . 4 \� i 4 w 1 E i," { i • a t I + \ r ,/ + I � " ,1� iti, ,I \ � \ x ' ; l , . IA\ IF 06.. . ,, . ti... A. t.., „ \\... ‘, ,,,,. ,,, . ,,,, , \ N , \ ' ,' l' e. e r f t 1!+, r `� 'l. I ` 'a /.. , .`,..:sii 1 i ,--r 1 coot . ''' 1. 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J/: 4 1 ` 41T{„ r w c4wu x.'4lirar TRACT 04•26 372.93'4- — ''alit r 4'rn. 1r 'z7•e- �°rnx tt4/4te. �� Alt a' 4 4r Bros: �'prow 4n moue 49137' • ] _ . ... '.Yt.;•as•i7•co-taxi se. BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not perm ittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. • 3. Permittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary,in order to safely conduct the public through the project area.Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. • 5. No cable,conduit and/or pole line shall be laid,constructed,maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road.Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan,.pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction(i.e.pit,excavation, hole)left open over night,requires specific nighttime traffic control measures pursuant to the TMUTCD; b. if construction is within ten (10)feet of the roadway;or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job: • D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department ofTransportation and the pole be placed in the designated area for power specified as "set forth in the Texas Utilities Code, •Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense.Exceptions may be approved by the County Engineer. 3. All underground installations shall(these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36)inches.below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight(48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines,see.High Pressure Pipelines requirements listed below; d. not be closer than ten(I 0) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4, Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility.The locations shall be as.follows:(measured from back of right-of-way). Power—0-2 feet,nominally 1' Phone—2-4 feet, nominally 3' Gas—4-6 feet,nominally 5' Cable—6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above,however,the County Engineer or.its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(l) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; • c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and joints. - 9. Bore Pits a. no-pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. . c. pits shall NOT be located within ten(10)feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative niay require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling.Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f.. No side or lateral tamping to fill voids under the base and pavement materials is allowed. l t.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. in the event • Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for.repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12.Operation of construction and/or maintenance equipment on the traveled surface of any improved County • road will not be permitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety.Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work • 1. In the event Company is.required to perform emergency services,that requires excavation in a County Right of Way;and unable to notify the County Engineer prior to conducting emergency repair,Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F.Repairs to existing facilities 1. Maintenance and/or repair to existing cables,conduits,and/or pole lines which require disturbance of the soil,shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: - 1. When and if the County Engineer determines that it is necessary for the construction,repair, improvement,alteration orrelocation of all or any portion of said road,any or all poles,wires,pipes, cables or other facilities and appurtenances authorized hereunder,shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company,. H. High Pressure Pipelines 1. AlI utility Permits for high pressure pipelines(generally 60 PSi or greater),whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter - -wall thickness -material specification -minimum yield strength • .-maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the,pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on coiiipany letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) .Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No_concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe. Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way.Transmission lines have been determined to_be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the final customer. T.FSEMD f� ( I to 3.•=r.•r ■• tOrs.•llans oerken r Ier 0 •. ' I vehr a.r lbrlrrl. .' 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Aj�Uf / * ' rN o 8�r: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-Brazos Wifi-Rustic Oaks Drive DATE OF COURT MEETING: 9/17/2024 ITEM: Consider and take action on the Brazos WI F I utility permit to construct eight(8)road bores under Rustic Oaks Drive(Rustic Oaks Subdivision)to install fiber optic cable for Internet service. Sites are located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 09/09/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Brazos County is ONLY permitting the road bores shown on plans. All utilities NOTES/EXCEPTIONS: MUST be placed within the platted Public Utility Easement(PUE)and are not allowed in County Right-of-Way(ROW). ATTACHMENTS: File Name Description Type U6Gty_Permit Brazos Wifi-Rustic Oaks.pdf Utility Permit-Brazos WIfi-Rustic Oaks Drive Backup Material APPRO b-_T Dua Peters Date County Judge NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY,TEXAS Comes now_ Brazos WIFI [company name], hereinafter referred to as "Company"a Texas [state]Corporation,with authority to transact business,in Texas,acting by.and through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay, construct, maintain,repair and/or operate a telephone facility under,over, across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore 60 feet under Rustic Oaks Drive at 1170 feet, 1740 feet,2285 feet,2750 feet, 3100 feet, 3235 feet, 3574 feet and 3850 feet down Rustic Oaks Drive. Crossings will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. Direction boring will also be completed in the 16' Utility Easement along the length of Rustic Oak Drive from the intersection of Grassbur Drive for approx. 4000 feet. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 90. working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day,Company will be required to • provide a new notice. 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice,the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. ° Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute' grounds for job shutdown. By signing below,I certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFL Company Name Tim Hardy _ By: lcat Waiteif Signature Project Manager Title 12135 S.-Hwy 30,College Station,TX 77845 Address (979)_999-7010 Telephone Number tim@,brazoswifi.com E-mail ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated September 5,2024 except as noted below: EXCEPTIONS: Brazos County is ONLY permitting the road bores shown on plans. All utilities MUST be placed within the platted Public Utility Easement (PUE) and are not allowed in the County Right-of-Way (ROW). (Or Br County Engineer — ' k. , ,, . . *2-,,,' 1,1tr tV Ort" 1111-0.:•„; IP' =I 3.-4444 ma el?to lad:.Raw Okle 1:4 at ' . . , .. , • ', ne-- .14. . WM iskt. J ".- --",... ..,„--' 'VS)be. •- . _ : : . . ' • . ,./. 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Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. • 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then theCounty Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safely Requirements I. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job.All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,:all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary, in order to safely conduct the public through the project area.Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. • 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid,constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road.Any poles placed.in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. • C. Traffic Control Plan • 1. A traffic control plan,pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any'construction(i.e. pit,excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10)feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must'set forth the time of completion for the job. • • D. Design Standards I. AU overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. - 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions May be approved by the County Engineer. 3. All underground installations shall(these arc minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight(48) inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and.petroleum lines,see High Pressure Pipelines requirements listed.below; d. not be closer than'ten(10) feet from the edge of pavement. Exceptions may apply in lights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line'and cased. Waterlines shall be cased if crossing under the roadway. • 5. Utilities in all new developments that have 60 feet or greater of right of way shall be.installed within designated locations based upon the type of utility. The locations shall be as follows: (measured from back of right-of-way). Power—0-2 feet,nominally.1' Phone.—2-4 feet, nominally 3' Gas—4-6 feet,nominally 5' Cable—6-8 feet, nominally 7' • 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No. 3 above, however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8_ Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(1) inch. t3razos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; 4 • b. . all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above. c. pits shall NOT be located within ten(10) feet from the edge of pavement without prior approval from the;County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage.problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed further from the edge of road. 10. Any installation within ten(10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. '.based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during.a rainy period or at other times where excess water cannot be prevented from entering the trench will be.considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e, All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives, I No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11.Company must be careful to not jeopardize the slope or integrity of'the shoulder of the toad. In the event • Company damages the slope,shoulder or any Other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12.Operation of construction.and/or maintenance equipment on the traveled surface of any improved County road will not be permitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this-event all such equipment shall be of the rubber tire variety.Appropriate traffic control shall be provided meeting TMUTCD requirements. 13..In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road (asphalt,cement,road base, etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. .Said bond amount‘vill•bedetermined by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company'is required to perform emergency services,that requires excavation in a County Right of Way, and unable to notify the County Engineer prior to conducting emergency repair,Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. • F. Repairs to existing facilities I. Maintenance and/or repair to existing cables,conduits,and/or pole lines which require disturbance of the • . soil,shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1: When and if the County Engineer determines that it is necessary'for the construction, repair, improvement, alteration or relocation of all or any portion of said road,any or all poles,wires,pipes, cables or other facilities and appurtenances authorized hereunder,shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. H. High Pressure Pipelines 1. A1l_utility Permits for high pressure pipelines(generally 60 PSI or greater),whether pertaining to • controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline • 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: • Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 418"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way.Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. • -6. Natural Gas Distribution is a line that serves the final custotiier. Gri- ID LW $" poob }DUO4ueuo3 6P�l I of a apoo t luonwy•1 i " w ^ aO1fOS NO 3OVdS ) ON i3OW1OHS H13N 31VdS )}OM ^.1 More, IU^ �iQ H301POHS NO 5313IH3A ) OM Zi-(1-Zld31 (01-Z1 d31 cal-Z) du col-Z) dai mom H3oinaHs QYO8 1VNO11N3AHO3' . 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Al .E'!II • OS I .�.� La;t I`In •a.cin ��Ni• "" ►NO •.q CAI .II_�t • a -o1 1.eJ '� IW'IIRi•'I••r+ �'a• ■• 9 e MN�7 I•ti am Mo mma mama,...ma q�•Is� I. •IY east MO u. • 0 NISI t•f•1•a, W,IW .Ii■.v . . • I .►1 I.0 1"aa .••I! .I • d•p01i Oa OW � I— 11 No/ n I'-' cm I • _nl�mo F 1 • -- al'WI UNt 7 • I • IP1s I G .11 1.bKi ! \/ lam Bits NITomi ►a•N mime rnlamu _ t t .171-11,120 0I 1 1 4 t:gnI••►•Ia NSWN aMYVd.ait•1i -t V• 'wEMO IIMI+.00001,14i vim w•I•Io Y•u••A at ti- I 1 . . • d$W+'•0an•n�a •• �t+N.t+rlcom I I I I �$� Fg , s F SN 10* TYpFOQ: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-Brazos WifiShady Lane DATE OF COURT MEETING: 9/17/2024 ITEM: Consider and take action on the Brazos WI FI utility permit to construct eleven(11)road bores under Shady Lane(Shady Grove Subdivision)to install fiber optic cable for Internet service. Sites are located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 09/11/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Brazos County is ONLY permitting the road bores shown on plans. All utilities NOTES/EXCEPTIONS: MUST be placed within the platted Public Utility Easement(PUE)and are not allowed in the County Right-of-Way(ROW). ATTACHMENTS: File Name Description Tvoe Utility_Permit-Brazos Wifi-Shady Lane•pdf Utility Permit-Brazos Wifi-Shady Lane Backup Material APPRO • Duane eters Date County Judge NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Brazos Wifi, hereinafter referred to as"Company"a Texas Corporation, with authority to transact business in Texas,acting by and through its duly authorized representative,and hereby notifies the County Engineer of its intent to lay,construct, maintain,repair and/or operate a telephone facility under,over,across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore 60 feet under Shady Lane at the following locations: at intersection of Shady Ln and Grassbur then at 370 feet, 640 feet, 1215 feet, 1770 feet,2100 feet,2240 feet, 2550 feet, 3030 feet, 3375 feet and 4020 feet from Grassbur. Crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. Direction boring will also be completed in the 16' Utility Easement along the length of Shady Lane from the intersection of Grassbur Road for approx.4300 feet. The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day,Company will be required to provide a new notice. 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice,the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI. Company Name Tim Hardy By: ?cm gatdxy Signature Project Manager Title 12135 S.Hwy 30, College Station,TX 77845 Address (979) 999-70 1 0 Telephone Number tim@brazoswifi.com E-mail ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated . September 10, 2024 except as noted below: EXCEPTIONS: Brazos County is ONLY permitting the road bores shown on plans. All utilities MUST be placed within the platted Public Utility Easement (PUE) and are not allowed in the County Right-of-Way (ROW). g" Br: .s County Engineer er �` .f • , BramiWfi•Shadrlsle / r r • v', �f F shioreGasstad9b/Ltai sryghbbriltaw: ‘; ,, , :,�� I hhdgidyLrdsuseuwa ) - ) i Itoir J FL J.., 1_ \ i•, +� 4csivrltie rstsdE deTorte ktildhdbs • i + t Maritsa Ott ndr8 itch rotaA . N• Y IS ' T 1, .,.,, \ . Op . 0., ••-1 k. 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' ti �. ,•lour. :.p'o�:,1.etaer 0.0re•r' ; a/far •Ile8>+, • -- trim {..rb1, '11a.rOaY If �..w - _ _ _ , ! 1_.. I • [::.........1__Ille. 'W.-3011S "a • , ' .- _ --.�'—.- 1=---. , ...__ ._ ' _ _, m..e.,ui• vie s' ee .i H. ¢ ~�.. ! .. � . ((._,�' i .,..r.,_ 1 i �� , J �` i � �' �( .. _ rains _ I. ! f 1. • r tarinar ._ lar• t�rarnwa . . _S1H991N.' .r9f3liS_ _ 1 } .� - '�•-�__- BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY • A. Genera!Requirements 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property.All County Right of Way and property shall be restored to its original condition,as far as practical,in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Suety Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow.the Texas Manual of Uniform Traffic Control Devices(TMUTCD). See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary, in order to safely conduct the public through the project area.Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid, constructed,maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road.Any poles placed in the . Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions maybe approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan,pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction(i.e. pit;excavation, hole)left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any work performed in the road right-of-way; • 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Teas Utilities.Code, Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure. safety to the public.Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. An underground installations shall(these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c. be at least forty-eight(48)inches below ditch flow line if low pressure gas or petroleum lines. For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten(10)feet from the edge of pavement. Exceptions may apply.in rights of way of less than 60'. 4. Water Lines:All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility.The locations shall be as follows:(measured from back of right-of-way). Power—0-2 feet, nominally I' Phone-2-4 feet, nominally 3' Gas—4-6 feet,nominally 5' Cable 6-8 feet, nominally 7' 6. Utilities with.less than 60 feet right-of-way in all new developments shall install the utility in a similar . manner as referenced in No. 3 above,however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts may not be longer than 400' if left open over night or unattended. .8. Crossings under a county road shall: a. be bored.or jacked. ABSOLUTELY NO OPEN CUTS WiTHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing.if the annular space between pipe and casing and soil exceeds one(1)inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c, TxDOT Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above, c. pits shall NOT be located within ten(10) feet front the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed fiirther from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based:upon soil conditions,the County Engineer or his representative may requite shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling.Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT.cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 1 1.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope, shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12.Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not be perinitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety.Appropriate traffic control shall be provided meeting TMUTCD requirements. • 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E.Emergency work 1. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road&Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. F. Repairs to eristiug facilities I. Maintenance and/or repair to existing cables,conduits,and/or pole lines which require disturbance of the soil,shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction,repair, improvement,alteration or relocation of all or any portion of said road,any or all poles,wires,pipes, cables or.other facilities and appurtenances authorized hereunder,shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines(generally 60 PSi or greater), whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way.Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. 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TRAFFIC CONTROL PLAN 'w a1i 11 CONVENTIONAL ROAD SHOULDER WORK TCP i2-lal TCP (2-Ib) TCP 12-ic) TEM-I I-12 WORK SPACE NEAR SHOULDER WORK SPACE ON SHOULDER WORK VEHICLES ON SHOULDER 'coon......on ..w• Ai it..— I-.. a` Conventional Roods Comrentiartai Reads Conventional Roode a " 1 ammo Hmt eme ;site_ 2 E. ! {r )140r BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-Brazos Wifi-Twin Creek Circle DATE OF COURT MEETING: 9/17/2024 ITEM: Consider and take action on the Brazos WI F I utility permit to construct two(2)road bores under Twin Creek Circle(Rustic Oaks Subdivision)to install fiber optic cable for intemet service. Sites are located in Precinct 2. TO: Commissioners Court FROM: Joe Salvato DATE: 09/11/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Brazos County is ONLY permitting the road bores shown on plans. All utilities NOTES/EXCEPTIONS: MUST be placed within the platted Public Utility Easement(PUE)and are not allowed in the County Right-of-Way(ROW). ATTACHMENTS: File Name. pescription Type Utilty_Permit Brazos Wifi- Utility Permit-Brazos Wifi-Twin Creek Circle Backup Material Twin Creek_Circle.pdf APP11.0t4 C•st:-.) _.... 111 a-LE Duane Peters Date County Judge NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS Comes now Brazos WIFI [company name], hereinafter referred to as "Company"a Texas [state] Corporation,with authority to transact business in Texas,acting by and through its duly authorized representative,and hereby notifies the County Engineer of its intent to lay, construct,maintain,repair and/or operate a telephone facility under, over,across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Directional bore 60 feet under Twin Creek Circle at intersection with Rustic Oaks,then at 270 feet from intersection. Crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum of 60 inches under the roadway. Direction boring will also be completed in the 16' Utility Easement along the length of Twin Creek Cir to the end of the cul-de-sac. Approx. 500 feet, The location and description of the proposed installation and appurtenances must be fully shown on detailed drawings attached to this Notification. 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 60 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to provide a new notice. 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 notice shall be kept at the job site any time work is being performed. In the event of deviation from this notice,the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this notification. Brazos WIFI Company Name Tim Hardy By: 7cm qeved# Signature Project Manager Title 12135 S. Hwy 30,College Station,TX 77845 Address (979)999-7010 Telephone Number tim@brazoswifi.com E-mail ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated September 11, 2024 except as noted below: EXCEPTIONS: Brazos County is ONLY permitting the road bores shown on plans. All utilities MUST be placed within the platted Public Utility Easement (PUE) and are not allowed in the County Right-of-Way (ROW). AAIPA Br. .'County Engineer . . . . . . . ... . . , ._. _. . . . . .. ._ . _ . . . - •-• 1,Brazos WM:: .. ... .. ,.. :: ":.. .,Cirsixotkei.e0!iii Otrq,,,bc..*<*iii*to irassaqmotruiip,Cask*aid lisiii10.63 d ad at273Iiit:: ... . . ..1> t A . ••, .s. . , .i. ....' ' 104- . . 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I 'I MIAMI.COMM Is.an.1•tr 121164G/al .. aC•LL•I••tOm . .fd u.[01 mer•aro r.wss•era• . . . . MO..•. ,Invoionan�.r e•�s•nw. ono ama. "�" s�n.arr _I,o. - aMOM OO:.TOMOD VACATING:&RESUBDaVISION non Or Won . MOM OR.manna_on .. - PL • • AT OF • a..�..� • Ai_ ' Ci .._.._.�°. y �., LOTS 9,10 811-BLOCK 1 err._.r.n.r,r rs. rw OM n wr ram 'Yr_::a . . AND. • ,• 1•�' - • i`rpr% •nr LOTS 12,13 a M-BLOCK a w.• ... .. r r .. '•""'1 .. • RUSTIC OAKS SUBDIVISION.'PRASE Y: .. n ews waver•w.re.r.•rr r r r,r ur.�M 5'SdClt r VOLUME 897,PAGE.Me ▪ r r#' ""i••••"°"+•"^ rr+•rwr.,w Ma 0106an..,rer.r.• _ WESLEY BERRYMAN SURVEY,A•79 .. teem—.. '•'is.M..1•none.r s..I•I On " `ram --5 r BRAZOS COUNTY.TEXAS : POMO •r• Own.r..o. arYOf.am• t°m®esa • Tv ":....._ .... DIg•^.+".TIITO..... ... meta.r I ro emus ar Iry r ... �•-awe-Rums ..rA o.�s s IooIml.w••w.•4I�,Woe..•s .`Gx i cans,..sa anItht D C. . • • �e•rs�w..a,s ew?�w+aw,s,.r.r,ae•r, Ivo won Or Van-MOW aantre r.. w ONO r.ua•.0 f • 4a I.IYG rs. .-T.rru r. rML•fraja =r.• .iv + °' ..lo' 3.d _ �/�1.- . .. : e.. ear:eoo ... _ n. r Sl .aw `w 5 _C •. wn.aroci.-D6'.�. .•.win..O....• r -...r.r..r1•••:JY(;fl,_ «mresea.aloe ODD.mew.mron.u,.....m•q•na .. P,.,T/G OR a> RefP.1/OM BF.SC scat /4 Z BRAZOS COUNTY ROADWAY SAFETY AND ROAD PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements I. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples of BMPs)to minimize erosion and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property.All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant, 5. Permittee shall not interfere with other utilities located in the right ofway. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is determined that inconvenience to the public exists,then the County Engineer will decide whether such project will be allowed or if an alternative exists so as not to inconvenience the public. . B. Safely Requirements 1. Proper traffic control measures must be put in place prior to beginning work and remain in place during • the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD).See Traffic Control Requirements below. 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety devices,as may be necessary,in order to safely conduct the public through the,project area. Company shall provide flagmen,signs, signals or devices necessary to provide complete safety to the public.. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid,constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the . Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan • 1. A traffic control plan,pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction(i.e:pit,excavation, hole) left open over night, requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten(l 0) feet of the roadway; or c. Any work performed in the road right-of-way; 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. 'Design Standards I. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. Ali pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation atlas requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall(these are minimum depths—utility may place.deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36) inches below ditch flow line when installation is within the area measured from top of bank to top of bank; • c. be at least forty-eight(48)inches below ditch flow line if low pressure•gas or petroleum lines. For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility. The locations shalt be as.follows:(measured from back of right-of-way). Power—0-2 feet, nominally 1' Phone—2-4 feet, nominally 3' Gas--4-6 feet,nominally 5' Cable—6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-.way in all new developments shall install the utility in a similar manner as referenced in No. 3 above,however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(1) inch.Brazos County must be given 24:hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and joints. 9. Bore Pits a. no pits shall remain open longer than 2 days; b. all pits shall.have proper traffic control measures in place.See Traffic Control Plan listed above. c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; • e. based upon'soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer orhis representative may require pits be placed further from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling,Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. • I I.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. 12.Operation of construction and/or maintenance equipment on the traveled surface()fatty improved County road will not be permitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such.equipment shall be of the rubber tire variety.Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or . • jeopardize any section of the road(asphalt, cement,road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. .Said bond amount will be determined by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all designated wetlands and environmentally.sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior to conducting emergency repairs, Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the • County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. • F. Repairs to existing facilities I. Maintenance and/or repair to existing cables,conduits,.and/or pole lines which require disturbance of the soil,shall not be performed until plans describing such maintenance and/or repair have been approved by - the County Engineer or designated representative and a permit has been obtained. G. Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction,repair, improvement,alteration or relocation of all or any portion of said road,any or all poles,wires,pipes, cables or other facilities and appurtenances authorized hereunder,shall be removed from said,road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. H. High Pressure Pipelines I. All utility Permits for high pressure pipelines(generally 60 PSi or greater), whether pertaining to controlled access or non-controlled access installations,should contain the following additional • information in the description of the permit. • -diameter -wall thickness -material specification minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design Meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines.Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4: Petroleum Pipelines: Depth Type:of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than -10' No concrete pad required Non-Cased Pipe Less than 10' • Must be covered with concrete pad at least 48"deep Non-Cased Pipe Greater than 10' NO concrete pad required • The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum: 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- . Way. Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. 6. 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Naat+q i•01 a� t I I , �0$ x •I _'+a tie• BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC-2024-Frontier-Jones and Matrix DATE OF COURT MEETING: 9/17/2024 ITEM: Consider and take action on the Frontier utility permit to construct road bores under Imperial Loop(2)and Calibration Court to install fiber optic cable for Internet service.Sites are located in Precinct 4. TO: Commissioners Court FROM: Joe Salvato DATE: 09/10/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Brazos County is ONLY permitting the road bores shown on plans. All utilities NOTES/EXCEPTIONS: MUST be placed within the platted Public Utility Easement(PUS)and are not allowed in the County Right-of-Way(ROW). ATTACHMENTS: File Name Description Tvoe U6fity_Permit Frontier- Utility Permit-Frontier-Jones and Matrix Backup Material Jones_Roand and Matrix Drirre.pdf APPRO • ;gtn IF . Duane Peters Date County Judge • • NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS OF TELEPHONE FACILITIES AND DESIGNATING. • PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY : TO: THE COUNTY ENGINEER OF BRAZOS COUNTY,TEXAS Comes now Frontier Communications [company name],hereinafter referred to as "Company"a Texas [state]Corporation,with authority to transact business in Texas,acting by and through its duly authorized representative,and hereby notifies the County Engineer of its intent to lay,construct, maintain,repair and/or operate a telephone facility under,over,across and/or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Frontier Comniunications proposes to place buried fiber optic cable along Matrix Drive and Jones Road. Starting at GPS 30.582385,-96.397125 placing a total of 3857'of buried fiber in a 1.25"duct and ending at GPS 30.581586, -96.390726. The location and description of the proposed installation and appurtenances must be fully shown on • detailed drawings attached to this Notification. 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 90 working days. (COMPANY MUST FILL IN). If such construction is not begun by the 60th day,Company will be required to provide a new notice. 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 notice shall be kept at the job site any time.work is being performed. In the event of deviation from this notice,the Brazos County Engineer's Office or its designated representative will be notified as soon as practicable. • Approval of County Engineer's Office may take as long as two weeks after complete application is received. Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute grounds for job shutdown. - By signing below,I certify that I am authorized to represent the Company listed below,and that the Company agrees to the conditions/provisions included in this notification. SQUAN on behalf of Frontier Communications Company Name Amanda McNeely By: Ave442 .ola.McAe e y Signature Permit Specialist Title 465 Princeton Dr Conway,AR 72034 Address Phone Number 501-932-0800 ext 5819 Email: amcneely@syuan.com ACCEPTANCE OF NOTIFICATION Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by accompanying drawings and notice dated September 9, 2024 except as noted below: (MontWDay/Year) EXCEPTIONS: Brazos County is ONLY permitting the road bores shown on plans. All utilities MUST be placed within the platted Public Utility Easement (PUE) and are not allowed in the County Right-of-Way (ROW). v B s County Engineer „ �or . ,` y A� `; , SITE LOCATION T ' r Fr--4. ,:`7'`t'4 ✓ , •3 J ' �. y.� �`, i .. v-' MAP 6” ':ate • '.°W, l `• , ::: L,,,. ., :7::,,,:. ,. r r #+'dal, . ba,- ,-1., ,J�F } P1 „.+ .l,'. .' ,fi ',.",M, i�f' '''x �'y t , JyP1 }E L ,' •. y -J •.... r f ma _ t1� 4'Yi IP ` .. IS..1.:•' .L. . �t .f� , i4 eT L i` xl;Pr� 1 �t 4. J A) �. •'.."-!.5: v.. .` %-, / p,./.. s.- ' ,r , ' 4 Sir1. (Al,` �'" r ti; ;.. a;` § . ' -'. j;iJ '�!' Tad c - ♦ ry+., "�; .. .`� Ys' v - ..�� �4'"4 a.P•�, .^` '" . n '\t. tip• - r 'i�4 '� p « ' r, /' " FRONTIERS i� / / `j 5362736 JONES RD .'fir. . r at_ y+/ t try %F''ii "k `Yr :' ��: "4,� ..__. ; ✓ .r rV r. BRAZOS COUNTY,TX 'p,• • .'"1.. �a -' •� • r •e;:'` °'Y• _ PROTECT 5362736 c.o.AREA COLLEGE STATION -9T, - ,-' ' ` •y- '..-*� . �n. - /.0X g S ,5 _ a. - SWAN PHONE PHONE SCt-03T9000 EXCN.woe.C19TTM%A f ENOR: SOWN CN7Y' Ar l , •..7 . `1..1 / . SrR6. }�. 4k'y1 1 SCALE TA%OISTRK:T, SHEET.MAP OF 7 TNNSHP. oN RHO'. oW SEC'. XX LEGEND SHEET 8 EX-MAN HOLE Q EX-HANDHOLE PROPOSED BURIED FIBER/DUCT EXISTING BURIED COPPER • 2 EX PED PROPOSED AERIAL FIBER ELASHED EXISTING BURIED FIBER 11"X117.16'FLOWER POT PROPOSED AERIAL FIBER EXISTING AERIAL COPPER Q 17'X30-X24'-HANDHOLE RIGHT-OF-WAY LINE EXISTING AERIAL FIBER a 3'X3'X3'-HANDHOLE EDGE OF PAVEMENT EXISTING FRONTIER UTILITIES 213'X2'-HANDHOLE -eDs DIP iM 1 e 1 Q 30"X46"X36-HANDHOLE BACK OF CURB EXISTING UNDERGROUND ELECTRIC —� — 171BORE PIT EDGE OF GRAVEL EXISTING OVERHEAD ELECTRIC n e e Q PROPOSED HANDHOLE ROAD CENTERLINE PUBLIC UTILITY EASEMENT ra — —— —tie na---•_na Ne- ®PROPOSED PED SIDE WALKS OTHER EASEMENTS REMOVE MAN HOLE WATER • PROPOSED RIGHT-OF-WAY LINE Q REMOVE HANDHOLE SEWER REMOVAL CABLE >„4 REMOVE PED —X—X X-•b.a.X X -- STORM DRAIN O.FRONTIER POLE GAS X POLE CULVERT FENCE ----- 6 REMOVE&REPLACE FRONTIER POLE X PROPOSED POLE RAIL ROAD BOX CULVERT {I{ {{1{{II{{{{{1{I{{{{{1{1{f •WATER HYDRANT AERIAL SPAN 1 FRONTIER:° ••STORM PIPE FEATURE fr� 5362736 JONES RD COILS • SANITARY MANHOLE BRAZOS COUNTY,TX PROTECT C.O.AREA.CD4EDE MAIMNDmeER., 5362736 ERCH.CODE.CL17TXM ©GAS MARKER OMANDATE: ENDR: souAH IeNTV WVPl4 PHONE 501437.Of00 1I` BRAZOS SCALE: TAX DISTRICT SHEET' L D< 7 TNNSNP. nN RHO "NW SEC XX __.-h� / ___ �r �,,, cf/ --- LGI-Z"..g.: I \:...\\ _............ ....).........,.,...\ -,-. I -"'-.--.------.- )14'''' 7 1 ----,,,.._ .,....._ 4/./.", ......., ,,,;,,,,,.... ..\\ /i H r/ ,mow �� //� \ ' 7 , St0f»D1CT F � __ � \�% i FRONTIER • Z.-.- . . 5362736 JONES RID BRAZOS COUNTY,TX PROJECT C.O.AREA COLLEGE STATION '1UYBER- 5362736 EXCH.CODE,=LSTOM ,DRAWN DATE ENGA SOUAN CNTV• DRA20 1 9IA4524 PNONE:50143200800 SCALE. TM DISTRICT SHEET' 1 OP 7 TWNSNP. AaN RNO nW SEC: XE PLOW 22• 7 159•FIBER IN 2`DUCT yyy.V-EF75117-17 A I � � l p//� / J r/ / � a 175`FIBER IN CUSTOMER INSTALLED CONDUIT 07 l / .P4 I. f 4.------ START GPS // 30.582722%46.397480 11Fk4 P ://// ( I. +'/ + /'� I 5971 MATRIX DR d��/ / I I (17 5. II 1 ��f /� T� MIN D.O.C. UNDER NATURAL GROUND 48"-- • CONSTRUCTION NOTES. T. BORES W LL EXTEND A MIMMUM OF S BEYOND EDGE Of CONCRETE PAVEMENT OR SD BEYOND EDGE OF ASPHALT PLUS ANY ADDITIONAL DISTANCE NECESSARY TO CLEAR EXISTING SIDEWALK 2: FIBER OPTICS NALL BE A MINIMUM OF PC UNDER PAVEMENT STRUCTURES INCLUDING ALL CROSS STREETS AND DRIVEWAYS S. NO EQUIPMENT OR MATERIALS WALL BE STORED IN THE ROW. 4. ROW YMLL BE RESTORED TO AS GOOD OR 1 BETTER CONDITIONS FROM HOW IT WAS '1 5. CON CONTRACTOR IS RESPONSIBLE FOR CLOSING 5, FRONTIER AU.WALKWAYS.AND SIDEWALKS WHEN TOP FOR PEDESTRIANS IS NECESSARY. I. CONTRACTOR COMPANY TO PRovIDE 5362736 JONES RD PEDESTRIAN TRAFFIC CONTROL PLANS WAKEN NECESSARY. BRAZOS COUNTY,TX S. ADJACENT DUCTS TO BE PLACED WITHIN a' BORE,SPACING ON DRAW NG SHOWN FOR PROJECT C.O.AREA COLLLOE STATioN AR CLITY. NUMBER. 5362736 EXCH.CODE:Cl9TTS M DRAWN OATS" ENQq: SOWN CNTY BILA2OS 2 SALOON pHONE.501432-0SCO SCALE.. 1'59.99A2.0 DISTRICT SHEET 2 OF 7 TANSNP" ..N AND .W SEC ■X l f•' CONSTRUCTION NOTES � .��. 1, BORES V.RL EXTEND A MINIMUM OF 5' P � j I BEYOND EDGE OF CONCRETE PAVEMENT OR f BORE 60'MIN DOC 10'BEYOND EDGE OF ASPH4LT PLUS ANY If(I 123'FIBER IN 2'DUCT 1 1 ADDITIONALOISTANCE NECESSARY TO CLEAR EWSTING SIDEWALK oll' , Z FIBER OPTICS WILL BE A MINIMUM OF RC f 's_. UNDER PAVEMENT STRUCTURES INCLUDING I i ALL CROSS STREETS AND DRIVEWAYS �N 3. NO EQUIPMENT OR MATERIALS YAM BE STORED IN THE ROW. 4, ROWWILL BE RESTORED TO AS GOOD OR I. BETTER CONDITIONS FROM HOW IT WAS FI II FOUND, 5. CONTRACTOR IS RESPONSIBLE FOR CLOSING a I` ALL WALKWAYS AND SIDEWALKS WHEN TCP I ,li FOR PEDESTRIANS IS NECESSARY. A CONTRACTOR COMPANY TO PROVIDE PEDESTRIAN TRAFFIC CONTROL PLANS \ ti WHEN NECESSARY, S B. ADJACENT DUCTS TO BE PUCED WITHIN4- y ' BORE.SPACING ON DRAWING SHOWN FOR }l`` CLARITY. MIN D.O.C. F l \\\ UNDER NATURAL GROUND e a F `�PLOW 48. 4 i S_� 203'FIBER IN 2'DUCT BORE REGIMEf1LE 1 t \ 1{i 70' F_23'—.e-24' -___29'—:144\ i'l 1\ I N _ \ 1 \lu\ F'IIOFO6FDOlCT .�..r��J~•JJ._ S I 1 CALINMTION CT 1 \ \ \ �s''..\......................_.. .-•-•-•-.-.1.j '4) evl�fe of� i \"��~"`�—----CALIBRATION CT�,mr I s �p .0. . `--` 'BORE60-MIN DOC �d $ 14 223'FIBER IN 2'DUCT ' -------.-------.--""' \ i I I U FRONTIER IIII 1 e 70' ;; PLOW 5362736 JONES RD i' 16, 159'FIBER IN 2'DUCT BRAZES COUNTY.TX "25JI'CT C.O.AREA:COLLEGE ATATION t.z2' j IJMBEEC 536273E PE um CODE Clamw r� 7NAVR19ATE 7ENGR: SOVAN CNTY BRAZES I r Z' �] 3LlVM PHONE SOI W2-0m0 p'``�/ / 3 'SCALE- 1.5D.BA38LE DISTRICT SHEET S OF 7-- T l�'4 1 P_ IWNENP_ LAN ANG__- aW SEC RX CONSTRUCTION NOTES. 0 \\ 1. BORES NALL EXTEND MINIMUM OF S \\.... \� BEYOND EDGE OF CONCRETE PAVEMENT OR Nts 1P BEYOND EDGE OF ASPHALT PLUS ANY \ `ADDITIONAL D STANCE NECESSARY TO !CLEAN EXISTING SIDEWILLK a 2. FIBER OPTICS WILL BEAMINIMUM OF SO' UNDER PAVEMENT STRUCTURES INCLUDING \ ALL CROSS STREETS AND DRIVEWAYS � .a 3. SO TORED IN THE OR MATERIALS WILL BE \\,a\\ , STORED IN THE ROW. 4. ROW NALL BE RESTORED TO AS GOOD OR \\\ BETTER CONDITIONS FROM HOW IT WAS FOUND. \\ 5, CONTRACTOR IS RESPONSIBLE FOR CLOSING ALL WALKWAYS.AND SIDEWALKS WHEN TCP FOR PEDESTRIANS IS NECESSARY. 0 CONTRACTOR COMPANY TO PROVIDE PEDESTRIAN TRAFFIC CONTROL PLANS \\\ Q WHEN NECESSARY. 6. ADJACENT DUCTS TO BE PLACED IMTHIN P BORE SPACING ON DRAIM NG SHOWN FOR / 'b \�` GUMMY. d �'� •\1, e / . \ '�`� MIN D.O.C. i \\ UNDER NATURAL GROUND a a, /////,-- m ^ , ��aN :\ /1)///,"/•// \;/ /`* \PLOW187'FIBERIN2'DUCT 4 K \� \�' _�TL' Q N Z O x d Fs\a \ x //14,. ..- N.% \O! \ r BORE 80'MIN DOC y \ \ �, 75'FIBER IN 2'DUCT \1 / PLOW \ 47/2 / 388'FIBERINYDUCT \ 4Fv / /,� \ \ q. / / /r / �\k t / /1 1s, = ti 7r ' \ 229'FIBER IN 2'DUCT BORE MIN ooe I FRONTIER 0 d /� 90'FIBER IN 2 DUCT , � 5352736JONES RD ,r> BRRZOS COUNTY,TX 2 7 S'' pROJEGT C.G.AREA'COLLE STATION ��} r NUMBER' 53 NDS E%CH.CODE LLS RAZ !; DRAWN GATE: EHOR. SOVAN CNtt' MAZOS S172.a2l PHONE:SOt-01S-0000 SEALS 1:59.995AX WSTRN;T ONSET OF T �3� TWTISNP; nN RNO WY SIC' AAD 1 CONSTRUCTION NOTES. i 1. BORES WILL EMEND A MINIMUM OF S' 9f BEYOND EDGE OF CONCRETE PAVEMENT OR 10'BEYOND EDGE OF ASPHALT PLUS ANY ADDITIONAL DISTANCE NECESSARY TO CLEAR EXISTING SIDEWALK I 2. FIBER OPTICS WILL BE AIEMMUM OF Kr 6 UNDER PAVEMENT STRUCTURES INCLUDING R A % ALL CROSS STREETS AND DRIVEWAYS f \f V . S. NO EQUIPMENT OR MATERIALS WALL BE 1 \ STORED IN THE ROW, 6: ROW WILL BE RESTORED TO AS GOOD OR ` a\ FOUND. BETTER CONDITIONS FROM HOW IT WAS Q S. CONTRACTOR IS RESPONSIBLE FOR CLOSING Q ALL WALKWAYS,AND SIDEWALKS WHEN TCP .� \� FOR PEDESTRIANS IS NECESSARY \c\\A. \ CONTRACTOR COMPANY TO PROVIDE \ PEDESTRIAN TRAFFIC CONTROL PLANS WHEN NECESSARY. S. ADJACENT DUCTS TO BE PLACED WITHIN A' `1d \� BORE.SPACING ON DRAWING SHOWN FOR _ CLARITY .0 j\,a "'\\ �! MIN D.O.C. \ UNDER NATURAL GROUND hd"�\ S tia a v\� 1...---48"--�-�� _ \ \ ."\\.. \ 4 m A �� x MO \ 44. \ \, \\\�\ m PLOW 208'FIBER IN 2'DUCT\ -I a \+.\ \\. \`\ a\ \\ \�tiFs\ \`t. Q Ns ..� � � . '''os \ \---,I's?, \ ` ° o\ \ PLOW \\ \ \\ 287'FIBER IN T'DUCT c a \V� _,,� �\ �\ ® FRONTIER° J. BORE 60"MIN DOC �^ 5352736 JONES RD 45'FIBER IN 2'DUCT ‘�\\,,X \ BRAZOS COUNTY,TX NROJECT C.O.AREA COLLEGESTATRN \\ NUMBER' 5362736 EACH.CODE.CLSTPUU6 \\\\\\\ <{ ` \� DRAWN DATE. ENGR. SOUWI CMY' BRAZOS \ a\\ 1a \\t� wA'A26 PRONE:5014124000 5 SCALE: I.5B,9BWAX DISTRICT' SHEET 5. OF 7 I6 1 TWNSHP oN RNO. vW SEC MT \ \ \ SORE M.T90FLE \ \ y ° �\ 70' Plow 4 \ Q.>\\., :ss ''..\ g $ 123'FIBER IN 2"DUCT /r Q \s„ '—.-r•—• 22'—i � J \ PROPOSED CULT 1/ 7IBERN2T PLOW 6 \\ti \\ RIPERIA LOOP / BORE SO"MIN DOCK A \ Q % / 0'FIBER IN Y DUCT. ~� ://, ,, v� d// \\ \ \ PLOW \\\ �F` �. \ +. 2sa'FIBER IN Y DUCT \ `rlQO \ �\ > \\° \�\ m y vs �~ m \ �\, m a�' ��\ "\ \\-1_, /.1, / /4* �Oj v. \\ ,.i/ BORE 60`MIN DOCK - \\ ° °\MIN D.O.C. r�// 10'FIBER IN 2'DUCT' 0 \�\UNDER NATURAL GROUND r�// d4F \\\ \ CONSTRUCTION NOTES' liv/ 0 \ 1. BORES WILL EXTEND A MINIMUM OF S' A Q' ii BEYOND EDGE OF CONCRETE PAVEMENT OR d' \\ IO'BEYOND EDGE OF ASPHALT PLUS ANY \\ AMNON&DISTANCE NECESSARY TO ., / 3\ / CLEAR.EXISRNG SIDEWALK 2. FIBER OPTICS I ILL BE A MINIMUM OF SD' i S 4, \\\ UNDER PAVEMENT STRUCTURES INCLUDING 0" PLOW 267 FIBER IN 2"DUCT �� AU.CROSS STREETS AND DRIVEWAYS //� ' 3. NOEOLAPMENTOR MATERIALS WILL BE STORED IN THE ROW. Q { R. ROWWUL BE RESTORED TO AS GOOD OR �, Ti BFET R CONDITIONS FROM HOW IT WAS D. ' 5. CONTRACTOR IS RESPONSIBLE FOR CLOSING 9 FRONTIER W PI ALL WALKWAYS,AND SIDEWALKS EN TCP //. it; FOR PEDESTRIANS IS NECESSARY. CONTRACTOR COMPANY TO PROVIDE r y,.~ 5362736 JONES RD PEDESTRIAN TRAFFIC CONTROL PUNS INNEN NECESSARY. \ /o BRAZOS COUNTY,TX 6. ADJACENT DUCTS TO BE PLACED WITHIN 4' \ r/ SORE.SPACING ON DRAWING SHOWN FOR \ // PROJECT UMSEN 5362736 C.O.AREA.COLLEGE STATION CLARITY. \ r // DRAWN DATE ELM CODE cu7TXXA ENGR SOWN WY' BRAZOS / / \ //, 6 WN202A PHONE.701AOM500 /R / / / \ 4 SCALE I'SSAID DISTRICT SHEET O OF 7 . TYMSHP- 'NH RNG A.W SEC XX • BORE PROFILE NSA 70' 22'—^r-26'--.7.--22'—•-i / // d F // � PRovaaEorAier /� f� h IMPERIAL Loop /j /s's\\.\::\:\"414.,,,,,s // 04 ,..\\N.\\ \4 4\ PLOW 267'FIBER IN 2'DUCT / ///,// {?\\ \ ,� \ r ,7 / \ap /\ / �o /cn 'a / />/' A .,..., / _...__,_....„\:44.*,,. r // o r� 0. /17 , cp Vo , N \t,4((..N 4,',.• /1 'a + �. �. ` ` / / / ' /its: f L'BORE 60'MIN OOC 'i \ i/ Q / MIN D.O.C. 70'FIBER IN 2'DUCT \ ry6 ��- ,��� UNDER NRTURAL GROUND \w, 0.7/7 � \ Ay• ' ` 5��\*' \` / C1� . BORESN1LL EXTEND A MINIMUM OF S' \ 11O BD'BEYON�EDOE OF ASPHALT• //tAT:` Q$ ` ADEITIONAL dSiANCE NECESSARY TO •�\ \\// E OF • / t UNTURESNCKr U\ : UNCER PAVEMENT PLOW y ALL CROSS STREETS AND DRIVEWAYS 291'FIBER IN 7 DUCT //f i ST EQUIPMENT OR EREO IN THE ROM.MATERIALS VALL BE \� J` 4, ROW WILL BE RESTORE*TO AS 000D OR A A� BETTER CONDITIONS FROM HOW IT WAS ///// S. CONTRACTORISRESPONSIBLEFORCLOSING " FRONTIER- - / ALL WALKWAYS,AND SIDEWALKS WHEN TCP END CPS--y d FOR PEDESTRIANS IS NECESSARY 30.5B1566.-96.390726 / CONTRACTOR COMPANY TOPROW*E 5382736JONESRD / PEDESTRIAN TRAFFIC CONTROL PLANS I 8. wHENNEC SsARY. BE PLACED WITHIN a' BRAZES COUNTY.TX �pp+�� PROJECTC.O.AREA.COLLEGE STATION / / BORE:SPACING ON CRAWTNO SHOWN FOR NUMBER. 5362736 E1ICH.CODE.CLBTTARA ' / // / CLARITY. DRAWN DATE. ENOR: SOWN CNTY' / 7TATV24 PHONE SGIA52-0S00 BRAZES SCALE: I.59.90RAA DISTRICT- SHEET' 7 OF 7 TTWlSHP: oN RHO vW SEC XX • BRAZOS COUNTY ROADWAY SAFETY AND ROAD . PRESERVATION STANDARDS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY A. General Requirements • 1. Adequate drainage shall be maintained in ditches at all times. 2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples ofBMPs)to minimize erosion:and sedimentation resulting from the proposed installation. 3. The permittee shall take precautions to avoid damage to property.All County Right of Way and property shall be restored to its original condition,as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur, permittee will be liable to the County or other utilities running through the right of way. 6. County. Engineer shall determine whether or not permittee's plans shall inconvenience the public.If it is determined that inconvenience to the public exists,then the County Engineer will decide Whether such project will be allowed or if an alternative exists so as not to inconvenience the public. B. Safety Requirements 1, Proper traffic control measures must be put in place prior to beginning work and remain in place during the duration of the job.All traffic control measures must follow the Texas Manual of Uniform Traffic Control Devices(TMUTCD).See Traffic Control Requirements below. • 2. During construction,all safety regulations of the Texas Department of Transportation shall be observed. 3. Permittee must take such precautions and measures, including placing and displaying safety.devices,as may be necessary, in order to safely conduct the public through the project area.Company shall provide flagmen,signs,signals or devices necessary to provide complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. 5. No cable,conduit and/or pole line shall be laid,constructed,maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road.Any poles placed in the Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be approved by the County Engineer. C. Traffic Control Plan 1. A traffic control plan,pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for the following: a. Any construction.(i.e.pit,excavation,hole)left open over night,requires specific nighttime traffic control measures pursuant to the TMUTCD; b. If construction is within ten(10)feet of the roadway;or c. Any work performed in the road right-of-way; • 2. Plan must be attached to the permit and kept at the job site any time work is being performed. 3. Plan must set forth the time of completion for the job. D. Design Standards 1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure safety to the public.Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall(these are minimum depths—utility may place deeper): a. be placed at a minimum depth of forty-eight(48)inches below the top of the pavement; b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured from top of bank to top of bank; c, be at least forty-eight(48)inches below ditch flow line if low pressure gas or petroleum lines.For high pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below; d. not be closer than ten(10)feet from the edge of pavement. Exceptions may apply in rights of way of less than 60'. 4. Water Lines:All water lines must be a minimum 36-inches below the ditch flow line and cased. Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon the type of utility.The locations shall be as follows: (measured from back of right-of-way). Power—0-2 feet,nominally I' Phone—2-4 feet,nominally 3' • Gas—4-6 feet,nominally 5' Cable—6-8 feet, nominally 7' 6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar manner as referenced in No.3 above,however,the County Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advance of the pipe,conduit or ducts may not be longer than 400' if left open over night or unattended. 8. Crossings under a county road shall: a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT; b. be pressure grouted for the full length of the crossing if the annular space between pipe and casing and soil exceeds one(1)inch.Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and joints. • 9. Bore Pits a. no pits shall remain open longer than 2 days; • • b. all pits shall have proper traffic control measures in place.See Traffic Control Plan listed above. C. . pits shall NOT be located within ten(10)feet from the edge of pavement without prior approval from the.County Engineer or his representative; d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil pile to prevent drainage problems; e. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity; f. based upon soil conditions,the County Engineer or his representative may require pits be placed Thither from the edge of road. 10. Any installation within ten(10)feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b. backfilled with cement stabilized material. c. based upon soil conditions,the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling.Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as weather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the . County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages the slope,shoulder or any other portion of the right-of-way,Company will be responsible for repairing the damage and replacing the right-of-way to the condition it was prior to commencing construction. • 12.Operation of construction and/or maintenance equipment on the traveled surface of any improved County road Will not be permitted,except in an instance whereby the laying,construction,maintenance and/or repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event all such equipment shall be of the rubber tire variety.Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or jeopardize any section of the road(asphalt,cement,.road base,etc),Company will be required to provide a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined by the County Engineer. 14.The applicant shall submit a letter of"No Objection"from•the Army Corps of Engineers for all designated wetlands and environmentally sensitive lands. E. Emergency work 1. In the event Company is required to perform emergency services,that requires excavation in a County Right of Way,and unable to notify the County Engineer prior to conducting emergency repairs,Company shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the County Engineer and Road&Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. • • F. Repairs to existing facilities 1. Maintenance,and/or repair to existing cables,conduits,and/or pole lines which require disturbance of the soil,shall not be,performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G.Relocation of utilities: 1. When and if the County Engineer determines that it is necessary for the construction,repair, improvement,alteration or relocation of all or any portion of said road,any or all poles,wires,pipes, cables or other facilities and appurtenances authorized hereunder,shall be removed from said road,or reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by the County Engineer and Utility Company,and at the expense of the Utility Company. H.High Pressure Pipelines I. All utility Permits for high pressure pipelines(generally 60 PSI or greater),whether pertaining to controlled access or non-controlled access installations,should contain the following additional information in the description of the permit. -diameter -wall thickness -material specification -minimum yield strength -maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline,this information is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Federal Safety Standards for Liquid and Gas Pipe Lines.Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Type of Pipeline (below deepest ditch grade) Special Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep Encased Pipe Greater than 10' No concrete pad required Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep Non-Cased Pipe • Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3"thick and width shall be pipe diameter plus 18" minimum. 5.. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of- Way.Transmission lines have been determined to be petroleum pipelines(which includes natural gas lines)and shall not be parallel to a County Road. • 6. 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WORK SPACE ON.SHOULDER:.• WORK VEHICLES ON SHOULDER: 6H.ar....ns �� .�•t.••.•. 1-.� Cornrmtlon iI Reads Converstrona) Ronde a+11's'WINO •� •• • ae: NEAR SHOULDER NI BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S)FOR THE 2023-2024 BUDGET YEAR NO.23/24 48.01 -48.07 On this the 17th day of September 2024 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 17th day of September 2024 the Court heard and approved a budget amendment(s)for the 2023-2024 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 19 September 2023,the following amendment(s)to the original budget are hereby authorized,as described on the attached page(s). ADOPTED AND APPROVED this the 17th day of September 2024. THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. By: , Duane Peters,County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23124-48.01 9/1712024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Information Technology-Non General Fund Capital Supplies and Other Charges Expenditure 685.13 District Clerk- General Fund Administration Supplies and Other Charges Expenditure 685.13 General Fund Reallocate funds from the I.T.Department to the District Clerk for the purchase of a replacement printer that i no ong rking or repairable. SAM t eIRi- Date: . _9L11/2024�444444 ! '. ,CountyJudgee Approval Date' 4 Foi..OracIe'Eatiy Only • FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 14000006 60500000 (685.13) 01000 20000100 60500000 685.13 • BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23124-48.02 9/17/2024 FUND,NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Information Technology-Non General Fund Capital Supplies and Other Charges Expenditure 685.13 Juvenile Services-Non General Fund Capital Supplies and Other Charges Expenditure 685.13 • General Fund Reallocate funds from the I.T.Department to Juvenile to provide for the purchase of a replacement printer that is no nger 'n or repairable. SANER • - i la-Li-- pate: 911.112024 CountyJudgeeAApproval Date_ ' For.Oriicle Eh*only. - . FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 14000006 60500000 (685.13) 01000 31000006 60500000 685.13 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23124-48.03 4117/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Exposition Center- • General Fund Administration Salary and Wages Expenditure 15,000.00 Exposition Center- General Fund Administration Supplies and Other Charges Expenditure 10,500.00 Exposition Center- General Fund Administration Contractual Services Expenditure 4,500.00 General Fund Reallocation of funds to the correct account to cover event supplies and solid waste haulin for the remainder o FY 202 . SAME I 1,1-1 pate: 9/11120243 [ . County Judge Approval Date.. For Oracle - _ .. FUND DIV ACCT Change In Budget ACCOUNT NAME _ 01000 36000100 51610000 (15,000.00) 01000 36000100 60315000 10,500.00 01000 36000100 71701000 4,500.00 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23124-48.04 9/17/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Hotel Occupancy Tax Fund Revenue 128,000.00 Hotel Occupancy Tax Fund Revenue 200,000.00 Hotel Occupancy Tax Fund Venue Tax-Kyle Field Community Contracts Expenditure 328,000.00 Hotel Occupancy Tax Fund Recognize revenues in the HOT fund in excess of the budgeted amount in preparation for the Qtr.4 payment to TAMU for the Venue Tax collected for the quarter ending September 30,2024 per the ILA. SAM I 1 114 Date: _9/11/2024 ! County Judge Approval Datoi=' - For Oracle Entry Only ?';.: FUND DIV ACCT Change In Budget ACCOUNT NAME 11000 00000000 40510000 128,000.00 11000 00000000 45010000 200,000.00 I1000 11002800 73470000 328,000.00 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23124-48.05 9/17/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Sheriffs Office- General Fund Administration Revenue 6,703.12 Sheriffs Office General Fund Administration Supplies and Other Charges Expenditure 6,703.12 General Fund To recognize a donation of$6,703.12 from TAC RMP Employee Safety Equipment Program to purchase safety equipment for the Sheriffs Office.Donation was approved by Commissioner's Court on July 23,2024,agenda item#8. 1. SAS l 111IL1 Date:, , 9/11/2024 _ County judge App aI Date J Per Oraclelutry;Ouly.. .r :_ ..:: _ FUND DIV ACCT Change In Budget ACCOUNT NAME 01000 28000100 46023000 6,703.12 01000 28000100 60010000 6,703.12 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23124-48.06 911712024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE SB 22 2023 Rural Law Enforcement Salary Sheriffs Office-Rural Law Assistance Program Enforcement Grant Program Supplies and Other Charges Expenditure 25,000.00 SB 22 2023 Rural Law Enforcement Salary Sheriffs Office-Rural Law Assistance Program Enforcement Grant Program Capital Outlay Expenditure 22,000.00 SB 22 2023 Rural Law Enforcement Salary Sheriffs Office-Rural Law Assistance Program Enforcement Grant Program Capital Outlay Expenditure 3,000.00 SB 22 2023 Rural Law Enforcement Salary Assistance Program Reallocation of funds to the correct account to purchase the equipment and software for Dedrone. SAM 4: .� pate: 9111/20241 L___ _ linty Judge Approval Date. . " 1 For Oracle Entry Only , • FUND DIV ACCT Change In Budget ACCOUNT NAME 32000 281002 60500000 525,000.00)_ 32000 281002 80281000 22,000.00 32000 281002 80212000 3,000.00 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.23/24-48.07 9117/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Contingency Expenditure (2,600.00) 272nd District Court- General Fund Administration Supplies and Other Charges Expenditure 2,600.00 General Fund Reallocation of funds to the correct account to cover Petit Jury Expenses and Visiting Court Reporter cost for the • of FY 2024. 414�, —NNP� L' . Date: • 9/12/2024. I_ . County Judge A.proval bate J Pi O ciet fry°Unly FUND DIV ACCT Change in Budget ACCOUNT NAME 01000 1I001500 61130000 (2,600.00) 01000 22100100 61801000 100.00 01000 22100100 . 61900000 2,500.00 Personnel Change of Status (FY '24) (Sep 12,2024) Commissioners' Court Date: 09-17-2024 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment Department Name Employee.Name District Clerk-Administration Monsivais,Kathleen Tax Assessor-Collector-Administration Rood,Christina Separations Department Name Employee Name Personnel Action Forms Department Name Employee Name County Agriculture Extension-Administration Reyes,Leslie District Attorney Andreski,Adam District Attorney Baker,Brian District Attorney Beacham,Caleb District Attorney Capps,Kevin District Attorney Carter,Melissa District Attorney Comte,Kara District Attorney Cooks,Melva District Attorney Davis,Tonika District Attorney Escue,Jessica District Attorney Golden,Ryan District Attorney Goodman,Abigail District Attorney Graves,Tiffany District Attorney Harris,Anjelica District Attorney Hebert,Jennifer District Attorney Helmuth,Gretchen District Attorney Houghton,Eric District Attorney Howell,Douglas District Attorney James,Mandie District Attorney Johse,Michael District Attorney Kaldas,David District Attorney Logsdon,Joshua District Attorney Love,Claire District Attorney McLemore,Philip District Attorney Pittman,IGndale Jr, District Attorney Porter,Rachel District Attorney Price,Brian District Attorney Stahman,Mark District Attorney Tapia,Savina District Attorney Thane,Dennis District Attorney Woodward,James District Attorney Younis,Stephanie District Attorney-Child Protective Services Whitcomb,Jennifer Juvenile Services-Detention Alegun,Aiboje Approved in Commissioners' Court: County Judge's or Commissioner's Signature: r Personnel Change of Status (FY '25) (Sep 12,2024) • Commissioners' Court Date: 09-17-2024 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Employment Department Name Employee Name Separations Department Name Employee Name Personnel Action Forms Department Name Employee Name 272nd District Court-Administration Brick,John Budget Office Payne,Nina Commissioners Court Bull,Edward IV Constable Precinct 2-Administration Celano,Anthony Jr. Constable Precinct 2-Administration Glidewell,Peter Constable Precinct 2-Administration Lampo,Donald Constable Precinct 2-Administration Licon,Victor Constable Precinct 2-Administration Matejka,Joe Constable Precinct 2-Administration McDermott,Christopher Constable Precinct 2-Administration Piccolo,Tony Jr. County Attorney-Administration Gray,Earl County Clerk-Administration McQueen,Karen County Court at Law#1-Administration Matzke,Amanda County Treasurer Administration Villarreal,Cristian County Judge Bouis,Melissa County Judge Roach,limberly County Judge Roach,limberly District Clerk Garcia,Gabriel Elections Administrator Hancock,Trudy Facilities Services Stutts,Ernest Health&Wellness Clinic Anderson,Julia Human Resources Salazar,Jennifer Information Technology Caldwell,Eric Information Technology Cobb,Jackson Information Technology Medina,Ricardo Information Technology Medina,Ricardo . Information Technology Stadler,Daniel Justice of the Peace-Precinct 1-Administration Elliott,Kenny Justice of the Peace-Precinct 2-Administration Nunn,Terrence Justice of the Peace-Precinct 3-Administration HID,Richard Justice of the Peace-Precinct 4-Administration Booker,Darrell Project Management Lamkin,Robert Project Management Lansdown,Trevor Purchasing Wendt,W.Charles Tax Assessor-Collector-Administration Leonard,Melissa Veterans Services Robertson,Pamela Approved in Commissioners' Court: County Judge's or Commissioner's Signature: • flth \ , Or /'rti� r or B BRAZOS COUNTY BRYAN, TEXAS CLAIMS COMMISSIONERS COURT MEETING: September 17. 2024 CLAIMS TO BE PAID BY BRAZOS COUNTY: CLAIM# 8205011 Thru CLAIM # 8205200 CLAIM # 9202237- Thru - CLAIM # 9202320 The Court voted unanimously to approve these Claims as submitted. 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