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HomeMy WebLinkAbout2024/10/08 Regular Session 10:00 AM k P i q t� , Mil OCT -LI P 2. 25 •r YY �:. <�'.�. i SOS COUNTY B RYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BR , °SOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 8, 2024 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THEE . OS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803 THE PUBLIC ` YWATCH THE MEETING LIVE ON THE BR A OS COUNTY COMMISSIONERS COURT YOUTUBE CHANNEL AT: HTTPS J ° . /' .YOUTUBE.CO @BR.yA OSCOUNTY3227. 1. Invocation and Pledge of Allegiance U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -32 3. Proclamation 24-021 proclaiming October 6-12, 2024 as National 4-H Week in Texas. 4. Resolution to approve of the Brazos County Investment Advisory Committee. 5. Approval requested of the Grant Agreement with the Texas Comptroller of Public Accounts for the Rural Law Enforcement Salary Assistance Program Award IA- 0000000872 -County Attorney. 6. Approval of the Grant Agreement with the Texas Comptroller of Public Accounts for the Rural Law Enforcement Salary Assistance Program Award IA-0000000868 - District Attorney. 7. Acceptance of the Grant Award for the Brazos County Bullet-Resistant Shield Grant Program. The granting agency is the Governors Office of the State of Texas and we have 4 Constables participating for a total award of$105,162.26. 8. Acceptance of the Grant Award for the Brazos County Rifle-Resistant Body Armor Program. The granting agency is the Governors Office of the State of Texas and we have the Sheriff and 3 Constables participating for total award of$15,440.91. 9. Approval of Juror Payment Authorization Forms and Daily Rate for FY2025. 10. Approval to participate in TxDOT's Commercial Vehicle Travel Survey to help plan for local transportation improvements and to project future infrastructure needs. 11. Request from Emergency Management for the following personnel changes with effective date of October 12, 2024. This change has no affect to Emergency Management's FY 2025 budget. ® a. Decrease B1906-1 Emergency Management Planner, Group 20 Step 9 to Group 20 Step 6, Hourly Full-Time ® b. Increase B1904-1 Deputy Emergency Management Coordinator, Group 21 Step 12 to Group 21 Step 14, Hourly Full-Time 12. Request from the County Clerk for the following personnel changes with effective date as of October 12, 2024. This change has no affect to the County Clerk's FY 2025 budget. ® a. Decrease B1311-1 Deputy County Clerk I, Group 13 Step 6 to Group 13 Step 4, Hourly Full-Time O b. Increase B1313-2 Deputy County Clerk II, Group 14 Step 4 to Group 14 Step 5, Hourly Full-Time 13. Approval requested to expend $1,000,000 budgeted in fiscal year 2024-2025 for Other Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and to be invested; principal and earnings to benefit Brazos County retiree health insurance. 14. Approval requested from Human Resources to write off outstanding account receivables in the amount of$3,088.81. This amount is believed to be uncollectible. 15. Approval requested to offer electronic only delivery of W-2 Statements. 16. Approval of the Payroll Disbursements for FY 2025. 17. Approval requested for the Risk Manager to be granted signature authority for insurance applications. Signatures on these applications do not bind the county to any contract or cost but instead gives information on the County's risk appetite and allows the contracted broker to market quotes on the County's behalf. 18. Discuss and consider ratification of the Request to Bind Coverage document for Cyber Liability with the effective dates of October 1,2024 through October 1, 2025. 19. Approval of a BTU utility easement and damage waiver to install an electrical pole, service line, and transformer for startup service at the Medical Examiner's Office site at 3037 E. 29th St. Site is located in Precinct 2. 20. Approval of the following Community Support Contracts for FY 2025: ® a. Arts Council of Brazos Valley © b. Big Brothers Big Sisters of Brazos Valley • c. Brazos Valley Economic Development Corporation ® d. Brazos Valley Food Bank ® e. Bryan/College Station Chamber of Commerce, Inc. © f. National Alliance on Mental Illness - Brazos Valley, Inc. 21. Approval of updated Contract#23-100 Event Management Software for the Brazos County Expo to add inventory and asset management services, in the amount of $24,579.17. 22. Approval of Amendment#1 to Contract#24-108 Project Management Software with Procore in the amount of$21,429.58 for analytics implementation. 23. Approval of Deductive Change Order#1 to CI P#24-613 Blue Ridge Retaining Wall with Norman Construction for unused contingency in the amount of$22,000.00, decreasing the contract amount to $330,105.00. 24. Approval of Change Order#1 to CI P#24-614 Brazos County Bridge Scour Repair- Grassbur Road with Solid Bridge Construction in the amount of$35,880.00, increasing the contract amount to $318,850.00. 25. Approval for Amendment#1 to Contract#25-059R Fire Alarm & Smoke Detector Inspection to remove the Old B I SD Building and extend the contract for an additional year. 26. Permission to Advertise Bid #25-066 Road Signs & Sign Post. 27. Approval of Amendment#1 to Contract#25-070R Legal Representation of Indigent Juvenile Defense with Gendron& Flanagan to renew for another year of service and amend pricing for that additional year. 28. Permission to Advertise Bid #25-073 Various Aggregates, Cold Mix, & Other Road Materials. 29. Tax Refund Applications for the following: Overpayments O a. Lynn Elizabeth.Lytton-$66.18 ® b. Frontier Title -$30.12 30. Budget Amendments. Approval of Budget Amendments: ® a. FY 23/24 Budget Amendments 51.01 -51..02 ® b. FY 24/25 Budget Amendments 2.01 31. Personnel Change of Status. ® a.Approval of Personnel Change of Status (FY 2024) • b.Approval of Personnel Change of Status (FY 2025) 32. Payment of Claims. Approval of Payment of Claims: O a. 8205546 -8205675 ® b. 9202474 -9202532 33. Acknowledgement of the Fiscal Year 2025-2029 Capital Improvement Program. 34. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of October 2, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of October 2, 2024. 35. Juvenile director's report on detention population. 36. Sheriff's report on inmate population. 37. Announcement of interest items and possible future agenda topics. 38. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters,both on and off the agenda,and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting.Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V, Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly,members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court; in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the 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,TX 77803 is wheelchair accessible.Handicap parking spaces are available.Any request for sign interpretive services must be made two working days before the meeting.To make arrangements,please call(979)361-4102. ;;:i r , ,0*:.: The foregoing minutes of the Commissioners Court Meeting held October 8, 2024, have been examined and are approved in open Court this 5th day of November 2024, in Bryan, Brazos County, Texas. ,/1"dii,-7V Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 Chuck Konderla Nancy Berry Commissioner, Precinct 2 Commissioner, Precinct 3 Wanda J. Wats Commissioner, ecinct 4 Attest: Karen McQueen iy ; County Clerk / , Q SST O .. ,r • •l^\`3 li f J /54. MINUTES OCTOBER 8, 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, October 8, 2024 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4; Karen McQueen, County Clerk,Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag -Commissioner Aldrich 2. Call for Citizen input and/or concerns Karen Simpson expressed concerns about the election process and voter roll accuracy. She referenced an article by American Thinker. A copy of Ms. Simpson's comments were submitted for the minutes and are attached hereto. Cynde Wiley spoke about concerns with the voter registration rolls and election transparency. Ms. Wiley provided handouts,they were submitted for the minutes and are attached hereto. Maire Wood referenced the lawsuit she spoke about last week, she submitted a copy of the lawsuit for the minutes and it is attached hereto. She also spoke about her frustration with the lack of action concerning the election process and her distrust of the voting machines. Dr. Walter Daugherity discussed an updated list of improvements he believes are needed to ensure election integrity in Brazos County.A copy of Dr. Daugherity's comments were submitted for the minutes and are attached hereto. Cathie Viens expressed concerns with the election process, specifically voter rolls and the need for an emergency backup plan in the event that the County loses power during the Election. Mark Holtzapple reiterated his concerns about election integrity, noting several areas of the Brazos County election system that he considers to be vulnerable. Consider and take action on agenda items: 3 -32 3. Proclamation 24-021 proclaiming October 6-12, 2024 as National 4-H Week in Texas. The County Judge read aloud Proclamation 24-021 designating the week of October 6th through 12, 2024 as "National 4-H Week" in Texas. The Court commends the 4-H Youth Program of the Texas A&M AgriLife Extension Service and the many men and women who have made the program a success. County Extension Agent Matt Pfeifer stated this is an opportunity to both celebrate and promote what the 4-H program does for our community. This is leading up to One Day 4-H, a community service event, they will partner with the Brazos Valley Fair for a community-wide canned food drive. Officers of the 4-H County Council introduced themselves to the Court. The County Judge then presented the proclamation to the 4-H members. A copy of the proclamation is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 4. Resolution to approve of the Brazos County Investment Advisory Committee. The Court voted unanimously to adopt Resolution 24-019 to approve the Brazos County Investment Advisory Committee. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 5. Approval requested of the Grant Agreement with the Texas Comptroller of Public Accounts for the Rural Law Enforcement Salary Assistance Program Award IA- 0000000872 -County Attorney. Cathie Viens asked for clarification on the grant agreements. Judge Peters clarified that they are two separate grants, one for the County Attorney and one for the District Attorney. They will both be used for salary assistance. General Counsel Bruce Erratt confirmed Judge Peters statement. A copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 6. Approval of the Grant Agreement with the Texas Comptroller of Public Accounts for the Rural Law Enforcement Salary Assistance Program Award IA-0000000868 - District Attorney. A copy is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 7. Acceptance of the Grant Award for the Brazos County Bullet-Resistant Shield Grant Program. The granting agency is the Governors Office of the State of Texas and we have 4 Constables participating for a total award of$105,162.26. A copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 8. Acceptance of the Grant Award for the Brazos County Rifle-Resistant Body Armor Program. The granting agency is the Governors Office of the State of Texas and we have the Sheriff and 3 Constables participating for a total award of$15,440.91. A copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 9. Approval of Juror Payment Authorization Forms and Daily Rate for FY2025. The Court approved the daily reimbursement rates as follows: $20.00 for the first day of service. $58.00 each day of service thereafter. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 10. Approval to participate in TxDOT's Commercial Vehicle Travel Survey to help plan for local transportation improvements and to project future infrastructure needs. Risk Manager, Leslie Contreras explained that the survey will be performed on County vehicles at Facility Services. The device will be placed in the vehicles on October 22, 2024 for the travel date of October 23, 2024. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 11. Request from Emergency Management for the following personnel changes with effective date of October 12, 2024. This change has no affect to Emergency Management's FY 2025 budget. • a. Decrease B1906-1 Emergency Management Planner, Group 20 Step 9 to Group 20 Step 6, Hourly Full-Time • b. Increase B1904-1 Deputy Emergency Management Coordinator, Group 21 Step 12 to Group 21 Step 14, Hourly Full-Time A copy of the position control changes is attached.. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 12. Request from the County Clerk for the following personnel changes with effective date as of October 12, 2024. This change has no affect to the County Clerk's FY 2025 budget. • a. Decrease B1311-1 Deputy County Clerk I, Group 13 Step 6 to Group 13 Step 4, Hourly Full-Time • b. Increase B1313-2 Deputy County Clerk II, Group 14 Step 4 to Group 14 Step 5, Hourly Full-Time A copy of the position control changes 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 requested to expend $1,000,000 budgeted in fiscal year 2024-2025 for Other Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and to be invested; principal and earnings to benefit Brazos County retiree health insurance. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 14. Approval requested from Human Resources to write off outstanding account receivables in the amount of$3,088.81. This amount is believed to be uncollectible. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 15. Approval requested to offer electronic only delivery of W-2 Statements. 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 the Payroll Disbursements for FY2025. A copy of the payroll disbursements is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 17. Approval requested for the Risk Manager to be granted signature authority for insurance applications. Signatures on these applications do not bind the county to any contract or cost but instead gives information on the County's risk appetite and allows the contracted broker to market quotes on the County's behalf. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 18. Discuss and consider ratification of the Request to Bind Coverage document for Cyber Liability with the effective dates of October 1, 2024 through October 1, 2025. Dr. Walter Daugherity stressed the importance of Cyber Liability Insurance and requested that the policy be made available to the public. Risk Manager Leslie Contreras explained basic details of the policy and the process by which they chose the policy. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 19. Approval of a BTU utility easement and damage waiver to install an electrical pole, service line, and transformer for startup service at the Medical Examiner's Office site at 3037 E. 29th St. Site is located in Precinct 2. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Steve Aldrich. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 20. Approval of the following Community Support Contracts for FY 2025: • a. Arts Council of Brazos Valley • b. Big Brothers Big Sisters of Brazos Valley • c. Brazos Valley Economic Development Corporation • d. Brazos Valley Food Bank • e. Bryan/College Station Chamber of Commerce, Inc. • f. National Alliance on Mental Illness- Brazos Valley, Inc. A copy of the contracts is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 21. Approval of updated Contract#23-100 Event Management Software for the Brazos County Expo to add inventory and asset management services, in the amount of $24,579.17. A copy of the amendment is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 22. Approval of Amendment#1 to Contract#24-108 Project Management Software with Procore in the amount of$21,429.58 for analytics implementation. A copy of the amendment is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 23. Approval of Deductive Change Order#1 to CI P#24-613 Blue Ridge Retaining Wall with Norman Construction for unused contingency in the amount of$22,000.00, decreasing the contract amount to $330,105.00. A copy of the change order is attached. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 24. Approval of Change Order#1 to CI P#24-614 Brazos County Bridge Scour Repair- Grassbur Road with Solid Bridge Construction in the amount of$35,880.00, increasing the contract amount to $318,850.00. A copy of the change order is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 25. Approval for Amendment#1 to Contract#25-059R Fire Alarm & Smoke Detector Inspection to remove the Old B I SD Building and extend the contract for an additional year. A copy of the amendment is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 26. Permission to Advertise Bid #25-066 Road Signs & Sign Post. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 27. Approval of Amendment#1 to Contract#25-070R Legal Representation of Indigent Juvenile Defense with Gendron& Flanagan to renew for another year of service and amend pricing for that additional year. A copy of the amendment is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 28. Permission to Advertise Bid #25-073 Various Aggregates, Cold Mix, & Other Road Materials. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 29. Tax Refund Applications for the following: Overpayments • a. Lynn Elizabeth Lytton-$66.18 • b. Frontier Title -$30.12 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed.5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 30. Budget Amendments. Approval of Budget Amendments: • a. FY 23/24 Budget Amendments 51.01 -51.02 • b. FY24/25 Budget Amendments 2.01 FY 23/24 51.01 -Transfer of funds from Contingency to Court Support-Guardianship. 51.02 -Transfer of funds form Contingency to Jail Medical Services. FY 24/25 2.01 -To recognize revenue from 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. 31. Personnel Change of Status. • a.Approval of Personnel Change of Status (FY 2024) • b.Approval of Personnel Change of Status (FY 2025) 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. 32. Payment of Claims. Approval of Payment of Claims: • a. 8205546 -8205675 • b. 9202474 -9202532 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson. 33. Acknowledgement of the Fiscal Year 2025-2029 Capital Improvement Program. The Court acknowledged receipt of the Brazos County fiscal Year 2025-2029 Capital Improvement Program. 34. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of October 2, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of October 2, 2024. The Court acknowledged receipt of the 2024-2025 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of October 2, 2024. 35. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 29 juveniles in the detention center, 20 are male, 9 are female, and 29 have electronic monitors. 36. Sheriff's report on inmate population. Sheriff Wayne Dicky reported there were 797 inmates in jail, 685 inmates are male, 112 are female, and 41 have electronic monitors. 37. Announcement of interest items and possible future agenda topics. Commissioner Konderla thanked Brazos County 4-H for the breakfast they provided. He also asked for prayers for all that have been impacted by Hurricane Milton. He then provided an update on the Oak Lake Bridge Project, stating that the bridge was open 30 days earlier than expected.Additionally, since the County has acquired right-of-way on Democrat Road, steps are being taken to begin paving the road. Commissioner Aldrich suggested that a presentation of the Capital Improvement Program be added as a future agenda item. Commissioner Berry invited everyone out to the Brazos County Job Fair on Oct. 28, 2024, from 3:30pm -6:30pm, at the Brazos Center. Commissioner Konderla invited the community to attend the Brazos Valley Fair and Rodeo noting, the event details can be found on the County website. 38. Adjourn. Pg / of 40 BRAZOS COUNTY COMMISSION-ER' S COURT VI DAY OF OcoW , 20 94- ID '00 9/PM, 9Acp :L/ Name Organization (PLEASE PRINT) (PLEASE PRINT) $xt \ Coii tmiv . (j * fcuvYij Uq2yk- CjMm. Ut/i— 1 UsWk. Amen. LOUft— A4;►14. )4tv1-94owAftc.AA. co. ecu-td nko�+Y 5t ff CdJ* U'iQns -fix fyiec- 1.11kcie S?C�.c���h s p u.eige . N IYna Pry in.F &Aka Ait.417m, e‘:\ill CD` CS kJ/VI ' $hr'fN,CP /Vuhw TP a N clule Ofve,e Co . Clerk's Of4ce,i V'-.A rA -,.-,Y--- a3c s o Weft. ( vc vlarJr Tita-ctfitcrde ' • • • • • • • 1. ` t • :! • • • • Pg ofeP BRAZOS COUNTY COMMISSIONER' S COURT g& DAY OF 00-Dbef , 20 ov,Z /D :Do X9/PM, /&jiilar /12ee�ij Name Organization (PLEASE PRINT) (PLEASE PRINT) P$e l fe < ,i4j..; ( k £x-te s 1 ^ '1 CLAM CaP erCk. /4 < r 1i Cc i i01` ro ►tip, Q rw a 41,00 Ay: t.; F¢ 5c:kems', o a 4) Ca j- ic?(_ WtrifflA Ec ft eirinv‘ �ulor Andersoin - H Lk Uvtkras Psti- akAit-Y. W .f i ti Lew,' .s4 LiADA 14; Attsbir, *0-vki e41:1 e. SCXV;(45 Cai�lih SwtArin LAJ41 06\Qy Sp61;.\\ -�I 11-�v� S.- vres aad5 y-t1 . . • .• „ •, . , .. • . . . . . . . • • • . „ . • . • • • . . • 1 3 •. • • . 6 • • . S • • •••• • • • • 1 . 6 • . • . • •• • • • • . • I • Pg of 40 BRAZOS COUNTY COMMISSIONER' S COURT P-Ik DAY OF er , 20 ad /O 'o0 4/PM, /ee< lay Nt9ehni Name Organization (PLEASE PRINT)) (PLEASE PRINT) &/o& LIMisd 1�0. JuACaL 6A-1,A r® e.,'A 5v4 5 - \)*Aft cb can 1 t� c 11/Ek Atxr2RP cl11zou PgAof1_,2_ BRAZO S COUNTY COMMISSIONER' S COURT Vid DAY OF Oftber , 20 a l/ /O #OO a /PM, / mar /)2e& Name Organization (PLEASE PRINT) (PLEASE PRINT) CA14) (A)ELL f:112 Pg_5_of BRAZOS COUNTY COMMISSIONER' S COURT 2kik DAY OF 20 0,4 /0: PM, Equiac /Yjeiii Name Organization (PLEASE PRINT) (PLEASE PRINT) \Ate fan too LH u hnko \\ohat V(c Ui s \ v i O' OVt3 e✓'a2o s Stern S u r e'tl`, B a d z os 4 -1-1 bitukay‘ S(AiriMs bravos gr' /A Pie* Pc/ (L LimAkp a �0�5 to mairst4e-mersgy,- Nal*cikatcr ►� � vkt CA- 44,c, viiiiurreA edw4- ift•e) '5, CSG J J l V#4'41L cod, ? '* C,hod Pg of j BRAZOS COUNTY COMMISSIONER' S COURT pfu DAY OF Dather , 20 (74 /0.'oO M, Peybtiiir Methivy Name Organization (PLEASE PRINT) (PLEASE PRINT) (61g So& /416n t3VCo e Tif L(4-er, - Sfrci 7U S (.(OpiAir cs ,( s Go. �e . VOAVAA I derived this from an article by American Thinker: 10-8-2024 Ballots and votes. These two words seem synonymous yet they imply opposite ways to choose a government. One side, including non-governmental-related organizations and Big Tech, replaced in-person voters with mail-in ballots.They drove states to change laws, increase voting days, loosen voter standards. This strategy needs tens of thousands of phantom addresses and voters. The other side remained stuck in their same 'voter strategy': yard signs fundraising,TV ads. The raw material of the ballot-gathering strategy is the phantom voter or address. Live, votable ballots accumulate at addresses where the indicated voter does not reside.Thousands of phantom addresses inhabited every state's voter list. What a concept! But then,the other side started picking apart voter rolls.They quickly found tens of thousands of dead or moved voters.There were innumerable addresses where no voter could possibly live. Citizens demanded that voter rolls be cleaned, addresses be real, or at least legitimately where that person lived. In too many cases, affidavits with photographs of an empty lot where several voters claimed to live failed to convince a judge to action. Quiet heroes,working in their homes, virtually unfunded, adding a small amount of friction, cause the removal of thousands of phantom names and several hundred thousand incorrect addresses, had a massive impact on the ballot gathering system. In Wisconsin, election heroes applied Fractal Programming Technology,funded by Mike Lindell, at scale to find and challenge phantoms. The process is explained at www. Omega4America.com. They went to scores of county registrars and challenged thousands of phantoms—proof in hand. Quietly, below the radar, they showed registrars,whose job it is to deal with this sort of thing,that 'Bill Jones'was not a real person. They helped clean up addresses that were wrong— either typos or fake. One side needs to keep voter rolls fat with dead people living in UPS boxes and R.V. parks. They need to physically gather all those floating ballots and vote them. The other side had a different, less steep hill to climb: keep voter rolls as clean as possible. Identify in advance where ballots will be mailed to addresses where nobody lives-and shut those ballots down! Using Fractal Programming,the Wisconsin team showed the impact of introducing friction into the ballot-gathering system. Even a little friction, and everything breaks down.That is leverage, and that leverage is with the good guys. 6:27 AM Fri"Sep 8' - - " 00 krra'os 0 eouritytx.goV • . • BRAZOS COUNTY ORGANIZATIONAL CHART C . c BRAZOS COUNTY VOTERS, , : ELECTED OFFICIALS] COUNTYJUDGi'• } COUNTYCOMMISSIONERS(4) ELECTEDOFEICIA[S fi _ I 1 ___. DISTRICT SHERIFF COUNTY COURT DISTRICT _ JUSTICES OF CONSTABLES(4) ATTORNEY AT-LAW JUDGES-(3) THE PEACE(5) JUDGES{?) •, 3• JAIL I _ - COUNTY FACILITIES ( _F • ATTORNEY 1, .7 .: !Mtn DEPARTMENTS JUVENILE COUNTY COMMUNITY 1 t COUNTY BUIGETOFFICER BOARD AUDITOR SUPERVISION& TREASURER EXPOSU1ON CENTER CORRECTIONS COUNTY BRAZOS CENTER `� CLERK FACILITIES MAINTENANCE FLEET MAINTENANCE SERVICES ( — I ". TAX INFORMATION TECHNOLOGY ,j' ASSESSOR COUNTY ENGINEER ASSOCIATE JUVENILE JUVENILE DISTRICT COLLECTOk EMERGENCY MANAGEMENT JUDGES-(3) SUPERVISION REFEREE CLERK FIRE PROTECTION ELECTIONS ADMINISTRATOR PUBLIC HUMAN RESOURCES DEFENDER _ EMPLOYEE MEDICAL CLINIC: ADVISORY PURCHASING PUBLIC RISK MANAGEMENT DEFENDER VETERANS SERVICES 1 s: OFFICE .....1 INTERGOVERNMENTAL AGENCIES r. LAW LIBRARY HEALTH DEPARTMENT EXTENSION SERVICE BRAZOS COUNTY TEXAS DEPARTMENT OF TEXAS A&M BARASSOCIATION STATE HEALTII SERVICES UNIVERSITY ,- t. • / Secretary,-Nelson Reminds Counties of Duty to update voter Ke4gisirispertagorisq Election Notice: ID requirements for voting in person.I ID requirements for voting by mail I Election Night Returns '7 . EFFECTIVE SEPTEMBER 1, 2023, OUR LOBBY WALK-IN HOURS WILL BE 9 A.M. -4 P.M. (CENTRAL). MONDAY- FRiDAY. ' ecretary ` ae Jane Nei°s o i About Etectior s Bu►s}rtaass Notary& ;Rules& International Forms& SOS &Voting, Services Apostilles Meetings Relations Other Services Note-Navigational menus along with other non-enntent related elements have been removed for your convenience.Thank you for visiting us online. ek Secretry :4"°°�� �� i ., BM tl�o� � w4'• a nth° fi• ty to Update Voter :i a 18fr.4ti 3 � -- Registrars sh`as d .act no plres.-roe f Inter iQ int-Oty ahead of the \ ov rnber election. June 4, 20 4 Contact: Alicia Pierce AUS IN--Texas Secretary of State Jane Nelson issued two official 3dvisories today reminding county reggistrars of their duty to maintain accurate voter rolls and giving direction for removing ineligible individuals including non- citizens, felons and deceased voters. "Clean voter rolls are the first line of defense to preserve secure elections,"said Secretary Nelson. "We must ensure our voter lists are up to date, and now is the time to prepare." Although the Secretary of State updates the statewide voter registration database daily, federal law prohibits large- scale updates 90 days ahead of any federal election. Following the May 28 Primary Runoff,Texas has until August 7 to perform sweeping list maintenance activities. The Secretary of State is aggressively working to ensure only eligible voters are on the rolls and continues to provide a multitude of data sets to=counties in order to ensure accurate voter lists. "The Secretary of State's office provides records of potential non-citizens to counties, and voter registrars are `required to investigate and remove any ineligible voter. Under a bil L Pi)passed in 2021,the Secretary of State pay,and will,withhold election funds from a county voter registrar for failure to approve,change, or cancel a voter's httDs://www.sas.state_tx.us/about/newsre!eases/20241060424.shtmi 1 r Y J fv, By: Bettencourt, et al. S.B. No. 1113� y A BILL TO BE ENTITLED 1 AN ACT 2 relating to a registrar's failure to cancel voter registrations 3 under applicable law. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 5 SECTION 1. Subchapter B, Chapter 16, Election Code, is 6 amended by adding Section 16.039 to read as follows: --^ 7 Sec. 16.039. FAILURE BY REGISTRAR TO TIMELY PERFORM DUTY. 8 If, a registrar fails to timely perform a duty imposed on the 9 registrar under this subchapter, requiring the cancellation of a 10 voter's registration, the secretary of state may withhold funds 11 administered and distributed by the secretary under Chapter 19 or 12 Section:.31.009 from the registrar. 13 SECTION 2. This Act takes effect September 1, 2021. 87R6735 MLH-D 1 -•oRNEy' . KEN PAXTON ATTORNEY GENERAL OF TEXAS October 7, 2024 Ur M Jaddou Director U.S. Citizenship and Immigration Services 5900 Capital Gateway Drive Camp Springs, Maryland 20746 via email Ur.MJaddou@uscis.dhs.gov Dear Ms. Jaddou: The Office of the Texas Attorney General (OAG) requires the assistance of the United States Citizenship and Immigration Services (USCIS) as the State of Texas continues to fulfill its obligations to ensure compliance with federal and state election laws prohibiting non-U.S. citizens from voting. Together, federal and state law prohibit non-U.S. citizens from registering to vote in any election in Texas.Federal law provides that"[ijt shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for" federal office. 18 U.S.C. § 611(a). Accordingly, federal laws governing registration to vote require the form for federal elections to state "each eligibility requirement (including citizenship)," 52 U.S.C. § 20504(c)(2)(C)(i) and make it a crime to lie about citizenship when registering to vote "in any Federal, State, or local election," 18 U.S.C. § 1015(f). Cf. 8 U.S.C. § 1182(a)(10)(D). Texas law, likewise, provides that "to be eligible to vote in an election in this state" a person must be "a United States citizen." TEX. ELEC. CODE §§ 11.001(a)(1), 11.002(a)(2), 13.001(a)(2); see also TEX. CONST. art. VI, § 2. In Texas, it is a state jail felony to lie about citizenship status when registering to vote, TEX. ELEC. CODE § 276.018, and it is a second-degree felony for a non-U.S. citizen to cast a vote, TEX.ELEC. CODE § 64.012. Although federal and state law prohibits non-citizens from voting, federal law paradoxically creates opportunities for non-citizens to illegally register to vote while prohibiting States from requiring voters to have proof of citizenship to vote in federal elections—a common sense measure to identify illegal registration. Arizona v. Inter Tribal Council of Ariz., Inc., 570 U.S. 1 (2013). Under any circumstances, this federal prohibition against citizenship verification makes little sense, but it is especially troubling given the current scale of the illegal immigration crisis. Yet Congress has not corrected this statutory defect because the Senate has not passed the Safeguard American Voter Eligibility Act ("SAVE Act"), which would allow states to ensure that votes are being cast legally by eligible voters. For these reasons, Texans are increasingly concerned about the possibility of non-citizen voting, and I have a responsibility to uphold the integrity of our elections. Accordingly, pursuant to the authority vested in me by Texas Election Code section 273.001(b), I am actively investigating the extent to which non-citizens are illegally registered to vote or have voted in Texas. In furtherance of these efforts, I have obtained from the Texas Secretary of State (SOS)a list of approximately 454,289 Texas registered voters who have never had their citizenship verified. See Attachment A. The list is derived from the Texas Secretary of State's computerized list of voters that the SOS is required to maintain under 52 U.S.C. § 21083.1 Although I have no doubt the vast majority of the voters on the list are citizens who are eligible to vote, I am equally certain that Texans have no way of knowing whether or not any of the voters on the list are noncitizens who are ineligible to vote. Indeed, a recent SOS audit verified that over 1,300 noncitizens were registered to vote in the four randomly chosen counties that were subject to an election audit—and that is just what was verifiable.2 That is 1,300 too many when so many of our federal, state, and local election are decided by a handful of votes. Texans are required to provide proof of citizenship or lawful presence when they obtain a driver's license or state-issued identification card. When Texans use their driver's license or state-issued identification card to register to vote or the Secretary of State can obtain that information from the Department of Public Safety, their citizenship status is automatically checked via routine procedures. This check is necessary because non-U.S. citizens lawfully present cannot legally vote but can lawfully apply for and receive a driver's license or ID card. Consequently, I am not asking for verification of the citizenship of anyone whose voter registration records contains a driver's license or state-issued identification number. The people on the attached list did not use a driver's license or ID to register to vote and that information could not be obtained from the Department of Public Safety, so their citizenship status has never been verified. Pursuant to your obligations under federal law as set forth below, and as previously explained in the Secretary of State's September 18,2024,letter to you(Attachment B),please verify or ascertain the citizenship or immigration status of each person on the list no later than October 17, 2024. I require this information for the lawful purpose of investigating "to determine if criminal conduct occurred in connection with an election." TEx.ELEC. CODE § 273.001(b). Federal law entitles state and local officials to receive citizenship status information from USCIS for any purpose authorized by law.Federal law requires USCIS to fulfill such information requests: The Immigration and Naturalization Service shall respond to an inquiry by a Federal. State_ or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the ' Separately,the Texas Secretary of State similarly requested your assistance on September 18,2024(Attachment B), where she wrote: "Accordingly, pursuant to 8 U.S.C. § 1373, I hereby request your assistance in verifying or ascertaining the citizenship or immigration status of certain individuals on the State of Texas'voter rolls.The Office is in the process of compiling a list of individuals on Texas' voter rolls whose citizenship cannot be verified using agency for any purpose authorized by law, by providing the requested verification or status information. Id. § 1373(c) (emphasis added). Additionally, federal law prohibits the federal government from preventing state governments from requesting citizenship information from USCIS: Notwithstanding any other provision of Federal, State, or local law, a Federal . . . government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual. 8 U.S.C. § 1373(a) (emphasis added): see also id § 1644 (similar). In other words, OAG may request citizenship information of persons on Texas's voter registration list, and USCIS must nrnvide it r- -To that end, OAG asks for current citizenship or immigration status information from USCIS for the individuals on the attached list. Each person on this list is registered to vote in Texas,but their citizenship status is unconfirmed, and there is no way of confirming their citizenship status except via the procedure in 8 U.S.C. § 1373(c), quoted above. Again, the"purpose authorized by law" is the purpose of investigating "to determine if criminal conduct occurred in connection with an plerfio " TRY PT vo. ('nr § ')72 nnh(b) In making this request, I note OAG's understanding that the U.S. Department of Homeland Security routinely shares citizenship status information with the Texas Department of Public Safety in connection with driver license transactions and for law enforcement purposes. I am confident that you will continue to comply with your legal obligations and provide the requested citizenship or immigration status to my office so that I may ensure Texas elections are fair and secure. Thank vnii for vnnr prompt attentinn to thic rennect Sincerely, gek., Ken Paxtnn Attorney General of Texas Enclosures cc: Tammy Meckley, Associate Director, Immigration Records and Identity Services Directorate via email tammy.meckley@uscis.dhs.gov A. Ashley Tabaddor, Chief Counsel, Office of Chief Counsel via email. ashley.tabaddor@uscis.dhs.gov Updated List of Improvements Needed in Brazos County Election Systems Walter C. Daugherity October 8, 2024 1. Direct the Elections Administrator to install monthly Microsoft antivirus definition updates on Verity Count and Verity Central computers, as required by federal regulations. (Voluntary Voting System Guidelines Version 1.0, § 7.4.2) 2. Direct the Elections Administrator to patch known vulnerabilities in Microsoft SQL Server on Verity Count and Verity Central computers, as required by state law. (Texas Election Code § 122.001) 3. Engage an independent CPA to investigate the discrepancy in election results from November 2020, namely, the Official Cast Vote Record Report listed at least 2,567 ballots with no vote for president,but the Official Canvass only counted 537 of them. 4. Direct the Elections Administrator to stop using computers for Verity Count and Verity Central which the Texas Secretary of State website says are uncertifiable since they possess the capability to connect to a network,namely, an integrated Network Interface Controller with an RJ-45 network jack plainly visible on the back of these computers, similar to the one circled in this picture: ' W "4S 1 d � 4'+ ✓Ii au 'd 4kiri ,. "�' ,; ; �$ ?0i, „.„. a (t. �' �F a4m e n d wv a ,k.. r N 4 ,-.. a i v s k t r4 or a9 93 f W W ' M7gtr ,as y Wr'm 4`F' ^f ro ,,,,;elk P 4 ,r v "y 7:A ,�a R'• . i I a f� �, ,4 , IL It 44 _.. 4 k�' 4m,, t '2 � . 4 f. . iAli ,o,,,, ," N hips $ M1 Itri:i' i1.7.,, VI: $ P. A4 s : 4. 'daa' �'y aJ 97 v s� 4 i 9 �s �^. ,k '�y't''i # ,Cis � w ,,,_ , x. ,, +k,, ,, x� P "Ym ,xv} 1", . `g % j 1„ A . jib 't Aa ,t � a�Sv�' a �,� q t..r� o�a � (baps://ww1V.sos.state.tx.usl ibout!ne sreleasesr2U22%t)92 32?.shtml, § 2.1) 5. Authorize an independent hash validation which does not use Hart software to check Hart software. 6. Authorize an independent cybersecurity inspection of all voting equipment, including checking for network logins. For example, who is the actual person who logged in as cdr12312? Who is the actual person who logged in as harttech? x`wY`rti�YlA `f '�''S �" 4 1R'w�dk 1 d6'-0uAF � ��'.^� 'dy C RyRe art �� �, �� �•, � � ��� + t" sttts> r , k ' a,zvol* r F Brazos County 5�5 tb �,,yti M y "4 fl p ,y� rr 1"'d"� 2 . "3 '�'"�'rv�'' M W" b ��Y �' f ¢ti"y„y er Generrai a0�S ecial Elect offs 20 0 Special , 7 40' ; $1 I' � 2020 General and Elections r '�8�6 �rs�f r�z �87� _ R"n ix ie ti �», t , D 4fR 11/3/2020 ,g .,i f ;O SPi:Ai4 Re�ortm Rci�Date i� `�0(883/a Page 63630 of 100937 0 0 E' r f w j+ �._� �� ro w �� , l �, 9 �' ;m�107�o�f�107 �106 40,°!0 is Device Type Cclntrolle' evlcepteril,C801 ,607 pA ry • 3 g i�j ac ,° 1�IA >± R P1 TST ` • t Device Wata I�1 QLIi/l2Yp TMb,QIN� STYS r 1 kit$ e 'Ear,�y azotir�' 'i Cvr'Id A'6AP2C7&"5~7' �-A�77"1-8D494229DD9A6 {5 vnV ''ya�t�cR RRf$` A�g �iM1 t/.t l,{>dl)ak4t h • Contest Title Option President/Vice-President Donald J.Trump/Michael R. Pence U.S.Senator John Cornyn U.S. Representative District 17 Pete Sessions Railroad Commissioner James "Jim"Wright Chief Justice,Supreme Court Nathan Hecht Justice, Supreme Court, Place 6- Unexpired Term Jane Bland Justice, Supreme Court, Place 7 Jeff Boyd Justice,Supreme Court, Place 8 Brett Busby Judge, Court of Criminal Appeals Place 3 Bert Richardson Judge;Court of Criminal Appeals Place 4 Kevin Patrick Yeary Judge,Court of Criminal Appeals Place 9 David Newell Member,State Board of Education, District 8 Audrey Young •T y r l CA L State Representative District 14 John Raney Justice, 10th Court of Appeals District, Place 2 Matt Johnson BA L L-d r Justice, 10th Court of Appeals District, Place 3 - Unexpired John E. Neill term District Judge,272nd Judicial District John Brick District Attorney,85th Judicial District Jarvis Parsons County Attorney Earl Gray Sheriff Wayne Dicky County Tax Assessor-Collector Kristeen Roe County Commissioner Precinct 1 Steve Aldrich City Council Place 4- Unexpired Term Elizabeth Cunha City Council Place 1 Bob Brick City Council Place 3 Dell Seiter City Council Place 5 Craig Regan CSISD Board of Trustees Place 6 Thomas Hall CSISD Board of Trustees Place 7 Geralyn Nolan • Report z µ. nfl '� Brazos ,, su �'d ,i a. :N9 a-O*P' � ^yA iS ? a 't�' `t�� County ° r '� r 4 d re T""•,1—S "'�y"r aror.t'q. �, Marottiq ?x r 4 4 r 'fib S � all d `6v:41,I E 0.6, s ,3,qi 2020 General and Special Elections , 6 d 8 9 otol sss�g` 9 ,o ro if 'V yr y iu �", r���' Y � '�"�+�i �"C .s .ffn „� $` t rt$t '� yr r. � ��,�p '' ! + c ,t �' �+ �"� R� t ati4 r h °n �"� 'F ��tt a v�i$ X� �c d,� r }� S a � p ," F�° w 7 �r 11/3/2020 ,� ��r�ciri�ts �portm ��, 17N.�^^'>5���.��4���,$>w.�� `,�a,2'S�r ��,.�n�ri�"�r"�'�{"���k Y � ''s,r�4 W"tr"�� t�1. 5 wm� `'� .yc"� rt�-fi� `�` 1"t,1 „� d e 02 Page 63632 of 100937 k3 a < is 07�' 1 t10 k�$SATA Y�,�'.iV.'�°}r`WirA��} f 1'4'` . d,., w ' %h.xMt*PatiP i� Tie f.u$,.,u�w'{ A 4n' la$60,011,i, ,,,:V.,..;:,,,..,tpevice Type Counr lier t" 4a rrJ �r.� ri ,�r, 1 't ,yr" n ii l ti ° �r y`+ dt t f.,t„ff'�; r > :.T� .y r �} 1 io t t ;, ,m k '4 a o. kl r\ {7 a 3 y a, .. ® y ce erl :, 18�QLlt',Y4 '7 ,'�°R�a,r� �`"y.,,.'r7'��n f�rf r!x r`�yt r.?- r?fi� �.Es.. 9 i, .' a w � f. b � �' :l � y`X ,__l� � > �F pilirt�' Rlac, rrAt14APTTICHURCH V,,' >�°eyice Data;Id r#Qu2�rptlui s ►nls:r�rs ark rl `Y/ �Cvr Id,QS.67�C,205-CCt S 4814'8`5SS A2`2bC" $6 C :' g'C io to fd0i � si = t,rvi; r Contest Title Option President/Vice-President Joseph R. Biden/Kamala D. Harris U.S.Senator Mary"MJ" Hegar U.S. Representative District 17 Rick Kennedy Railroad Commissioner Chrysta Castaneda Chief Justice, Supreme Court Amy Clark Meachum Justice,Supreme Court, Place 6- Unexpired Term Kathy Cheng Justice,Supreme Court, Place 7 Staci Williams Justice, SupreFne Court, Place"8 Gisela D.Triana Judge, Court of Criminal Appeals Place 3 Elizabeth Davis Frizell Judge,Court of Criminal Appeals Place 4 Tina Clinton Judge, Court of Criminal Appeals Place 9 Brandon Birmingham Member,State Board of Education, District 8 Audrey Young Yr( L 6 it Li State Representative District 14 Janet Dudding W(Ti- ScME RA-Cc5 Justice, 10th Court of Appeals District, Place 2 Undervotes: 1 \ L CFI- $L4N K Justice, 10th Court of Appeals District, Place 3 - Unexpired Undervotes: 1 CLJN,v 6f2tiGl J S� term District Judge,272nd Judicial District Undervotes: 1 District Attorney,85th Judicial District Undervotes: 1 County Attorney Freddie Medina Sheriff Patrick Logan County Tax Assessor-Collector Undervotes: 1 County Commissioner Precinct 3 Undervotes: 1 City Council Place 4- Unexpired Term Undervotes: 1 City Council Place 1 Undervotes: 1 •City Council Place 3 Undervotes: 1 City Council Place 5 Undervotes: 1 CSISD Board of Trustees Place 6 Undervotes: 1 CSISD Board of Trustees Place 7 Undervotes: 1 �CVR Repdrt � c, ,I* a .� k j Brazos Count ';,A ! 4,4 y FA: "-en."' and Spp�,eap�a!Electiotns �o ` 2020 General and Special Elections r4.4 855 8 o}�2 A587 �.a x+A Y k9 }'C .X4 l�r"i i,^ 1 y elft "a'MaaIwL �i CZUfi Time" x.,a'v4.4 n a 1Qi4�� 11/3/2020 � u yEw r PreCtnCts tie OCttn "a' Run qa e � +� 0_2/28/ 025!% Page 63671 of 100937 s,� x o r�� � � i � �� Device Tyke{Central � * (air�:L}s'!OO 33b 1. �� ,� p�v ceser i . i�v��d-',`` f � -t� , i t r k.kf Device ° ,�0 z 8.B , N T°l62•648B# Nr 9 8"Crwqr4e �'�`4,'leis 1 t y, ''z , „ v h' � • sk Y+3,� 1',% �rrt��. s �AS Sri d, uTV s Cvr'3d ,�3490748� 9L 'B4- 1^P -A123587594 ' i t ,11 47'Qr 7, yy�e ,4.,' a , { erltr A,71 }, ' �t e Contest Title Option Proposition No. 5 For Proposition No.6 For Proposition No.7 For At-Large,Place 6 David Stasny Bryan Independent School District Proposition A Against O � Zl 0 6° L� �S v ��R ua Irs Al CT `s' � N vN "0TES� 1 CS NvtiLp £A� P�EsIP" V 1 Si RE9 . Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 1 of 56 PagelD 69 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS UNITED SOVEREIGN AMERICANS, INC. 167 Lamp and Lantern Village Suite 194 Chesterfield, MO 63017 CIVIL ACTION And BERNARD JOHNSON Case No.: 2701 Nonesuch Rd. #2107 Abilene, TX 79606 And CITIZENS DEFENDING FREEDOM 5900 Balcones Drive, Suite 100, Austin, TX 78713. Petitioners, v. JANE NELSON, IN HER OFFICIAL CAPACITY AS THE SECRETARY OF STATE OF TEXAS James E. Rudder Building 1019 Brazos Street Austin, TX 78701 And KEN PAXTON, IN HIS OFFICIAL CAPACITY AS THE ATTORNEY GENERAL OF TEXAS William P. Clements'Office Building 300W15thSt, Austin, TX 78701 And Page 1 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 2 of 56 PagelD 70 MERRICK GARLAND, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF THE UNITED STATES 950 Texas Avenue NW Washington DC 20530 Respondents. PETITION FOR RELIEF IN THE FORM OF A WRIT OF MANDAMUS TO: The Honorable, the Judges of Said Court: United Sovereign Americans, Inc„ a Missouri nonprofit corporation, Bernard Johnson, an individual residing in the State of Texas, and Citizens Defending Freedom, a non-profit organization with a registered place of business in Texas, Petitioners, by counsel, van der Veen, Hartshorn, Levin, &Lindheim,through Bruce L. Castor, Jr., Esquire, hereby submit this Petition for Relief in the Form of a Writ of Mandamus, directed to Respondents, Jane Nelson, in her Official Capacity as the Secretary of the State of Texas, Ken Paxton, in his individual capacity as Attorney General of Texas, Merrick Garland, in his official capacity as Attorney General of the United States, and Respectfully Represents: • I. SUMMARY OF PETITIONERS'ARGUMENT AND EXAMPLES OF RELIEF REQUESTED Petitioners are cognizant of Federal Rule of Civil Procedure 81(b)which abolished mandamus actions in United States District Court,but nonetheless authorizes"relief previously available through[writs of mandamus]by appropriate action or motion under these rules."F.R.C.P. 81(b). Petitioners herein are seeking relief via the All Writs Act(§ 1361)and an Action to Compel a United States Officer to Perform His/Her Duty(§ 1361). Page 2 of 56 1 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 3 of 56 PagelD 71 1. The Congress of the United States has outlined the minimum standards which must be maintained by every state in order for a federal election to be considered reliable. As outlined below, in Texas's 2022 federal election those minimum standards were not met by State election officials rendering the certified election results that year unreliable. Respondents in their official capacities have engaged in insufficient efforts to ensure that the 2022 performance is not repeated in subsequent federal elections beginning in 2024. 2. If the 2022 election performance is repeated in 2024, Petitioners and all Texas voters will suffer damages. 3. Apart from Court action in equity, no other mechanism exists in the law for Petitioners to require Respondents to perform their ministerial duties to ensure that Texas' federal elections be conducted in conformity with the law as Congress has set forth. 4. Only this Honorable Court has the power to require Respondents to act to bring the 2024 (and subsequent) federal elections supervised by Texas authorities into conformity with the minimum standards for reliability set down by Congress and outlined infra. 5. Without the Court's action, Petitioners believe and therefore aver that the 2024 (and subsequent) Texas federal election results will be unreliable in the same way, and thus unreliable for the same reasons that the 2022 results are unreliable. 6. Petitioners seek this Court's intervention to ensure that only properly registered voters cast votes in combined federal and state elections beginning in 2024. 7. Petitioners seek this Court's intervention to ensure that only votes properly cast are counted in combined federal and Texas elections beginning in 2024. Page 3 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 4 of 56 PagelD 72 8. Petitioners seek this Court's intervention to ensure that all votes properly cast are counted correctly in combined federal and Texas elections in even numbered years beginning in 2024. 9. Petitioners seek this Court's intervention to ensure that all voting systems are compliant with all critical infrastructure requirements and risk assessments are completed within the actual use context, thereby assuring that every ballot is correctly and uniformly processed, as well as accurately tabulated and secured in combined federal and Texas elections beginning in 2024. 10. Petitioners seek this Court's intervention to ensure that the authenticity of every ballot counted is proven by the maintenance of a comprehensive, unbroken chain of custody from the voter's hand to the final certified result, and that State election officials maintain records of said chain of custody post-election, in compliance with all legally prescribed safeguards in combined federal and Texas elections beginning in 2024. 11. Petitioners seek this Court's intervention to ensure that combined federal and Texas elections in even numbered years beginning in 2024 are conducted with the transparency required by law. 12. Petitioners seek this Court's intervention clarifying and ordering that the currently accepted Federal definition"to certify" is to attest that an official measurement is both accurate and the finding of accuracy was reaching in a fully compliant manner, thereby, directing that the "certification of elections" by State election officials of combined federal and Texas elections from 2024 onward constitutes an"attestation," ostensibly under penalty of perjury, by the certifying official(s), that the vote counts are accurate, and the cast and counted votes, and the election itself, were all conducted in compliance with applicable federal and state law. Page 4 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 5 of 56 PagelD 73 13. Petitioners, upon review of the statutes cited below, believe and therefore aver that federal and state law specifies what State officials must conform to, at a minimum, to properly conduct a combined federal and state election and prior certifying that election. 14. Petitioners believe and therefore aver that based on the analysis below, combined with the various exhibits attached to this petition and incorporated by reference herein,that in the 2022 combined federal and state election, officials of the State of Texas failed to ensure that safeguards were in place as mandated by various statutes designed to ensure the integrity of the elections. 15. Petitioners believe and therefore aver the failure by State election officials to know of and implement the safeguards required by law in 2022 allowed State election officials to certify that election despite analysis showing the election results were per se unreliable on account of apparent error rates exceeding those the law permits before the results in any federal election becomes unreliable. 16. Petitioners believe and therefore aver that apparent error rates that exceed the maximum error rate allowed by law destroyed the integrity of the 2022 election making full confidence in the accuracy of that election impossible. 17. While Petitioners cannot state with certainty that the 2022 Texas General Election produced "winning" candidates who should not have won, Petitioners believe and therefore aver that Texas officials cannot state with certainty that all "winning" candidates received more votes than the "losing" candidates because the election itself was compromised by the State's failure to conform to the requirements of federal law designed to ensure reliable election results. 18. Petitioners believe and therefore aver that Congress mandated the maximum number of election errors which were permissible in the 2022 combined federal and state Page 5 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 6 of 56 PagelD 74 elections in the State (and, indeed, in all states and voting territories). An error rate above the. maximum permissible rate set by Congress renders an election uncertifiable because such results are per se unreliable. Nevertheless, State officials certified the 2022 election. 19. Petitioners do not seek relief in this Court in a challenge to the outcome of the 2022 federal election in Texas. Petitioners agrees that it is possible that in every federal contested election supervised and certified by the State in 2022, the "winner" received more votes than the "loser." 20. Petitioners believe and therefore aver, however, that the certification by Texas officials of the 2022 election was done despite the integrity of the election being suspect on account of apparent error rates occurring in that election that exceeded the error rate Congress permits before federal election results cannot be relied upon as accurate, and the State did nothing to investigate those apparent errors before certifying the election. 21. Petitioners believe and therefore aver that it is reasonable to believe that. systemic issues which occurred in the 2022 combined federal and state election in Texas will continue uncorrected in 2024, 2026, 2028, and so forth, absent intervention by this Court. 22. Petitioners have called the various issues with the 2022 election to the attention of State officials who failed to take sufficient action to ensure no future repeats of those issues cited here affecting the integrity of the 2022 election. 23. The relief requested by Petitioners in the form of a Writ of Mandamus seeks, broadly speaking, this Court order Respondents to perform the ministerial functions their jobs require by taking actions to rectify reliability issues evident in the 2022 election.2 2 Petitioners do not request this Court order Respondents to exercise their discretion or make any decision at all apart from enforcing the specific,non-discretionary,requirements of the law outlined, inter alia, below. Page 6 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 7 of 56 PagelD 75 II. 2022 COMBINED FEDERAL AND STATE ELECTION IN TEXAS PRODUCED UNRELIABLE RESULTS AND SHOULD NOT HAVE BEEN CERTIFIED 24. In the Help America Vote Act("HAVA") 52 US.C.A. § 21081, Congress has mandated as follows: HAVA-voting system error rate "...(5) Error RATES.—The error rate of the voting system in counting ballots (determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error rate standards established under section 3.2.1 of the voting systems standards issued by the Federal Election Commission ("FEC") which are in effect on the date of the enactment of this Act." 25. Congress enacted and President Bush signed HAVA into law in 2002, and it remains the law of the United States to date. 26. The voting standards of the FEC in effect at the time Congress enacted HAVA in 2002 were the Voting Systems Standards Volume I: Performance Standards (2002).3 27. Those voting standards, in effect at the time HAVA became law, allowed for one error per 500,000 ballot positions. 28. Petitioners believe and therefore aver that a federal election that exceeded an error rate of one error per 500,000 ballot positions renders a federal election unreliable under HAVA. 29. As the HAVA provision enacted in 2002 cited above has not changed, the error rate of one error per 500,000 ballot positions is currently the law of the United States. 3 As of 2021,there have been five iterations of national level voting system standards.The Federal Election Commission published the first two sets of federal standards in 1990 and 2002(VSS 1990 and VSS2002).The Election Assistance Commission then adopted Version 1.0 of the Voluntary Voting System Guidelines(VVSG 1.0,or VVSG2005) on December 13,2005. On March 31,2015,the EAC commissioners approved VVSG 1.1 (VVSG2015). On February 10,2021,the EAC approved VVSG 2.0(VVSG2021). Page 7 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 8 of 56 PagelD 76 30. A"ballot position" refers to the number of individual "choices" a voter could make on a single ballot. For example, if a particular ballot has thirty little circles for the voter to fill-in or not fill-in, that single ballot would be said to contain thirty ballot positions. 31. A voting system error occurs anytime the voting scanning machine should have discerned an error, not made by the voter, while counting one of those ballot positions on a scanned ballot. 32. Experts working for the FEC estimated that 500,000 ballot positions equaled 125,000 individual ballots. (See Federal Election Assistance Commission Voluntary Voting System Guidelines of 2015, U.S. Federal Election Assistance Commission. United States [Web Archive] Retrieved from the Election Assistance Commission, https://www.eac.gov/sites/default/files/eac_assets/1/28/Voting_System_Standards Volume I.pdf) 33. Petitioners believe and therefore aver that the FEC desired to clarify the meaning of 500,000 ballot positions in terms of how many individual ballots "make-up" 500,000 ballot positions in order to make easier understanding the election"error rates"permissible by HAVA, giving state election officials an easier metric with which to work in discerning how many errors at a maximum are permitted in any given election before that election becomes unreliable and, thus, uncertifiable. 34. Petitioners believe and therefore aver (and will present expert testimony to so substantiate) that the calculation made by the FEC that 500,000 ballot positions represent 125,000 individual ballots is correct and constitutes a proper interpretation of federal law and Congressional intent under HAVA. 35. In the 2022 Texas General Election, official state certified results claim that 8,102,908 individual ballots were cast. Page 8 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 9 of 56 PagelD 77 36. For the 2022 General Election, then, if 8,102,908 (ballots cast) is divided by 125,000 (because the law allows for one error per 125,000 ballots), that leaves sixty-five (65), rounded up, as the maximum number of errors permitted under federal law for the 2022 election. Only upon a showing of 65 or fewer errors, then,would HAVA permit State election officials to certify the 2022 election as valid. 37. If there were more than sixty-five voting system errors in the entire ballot tabulation for all ballots cast in the 2022 election in Texas, the election results are unreliable. 38. Texas exceeded this benchmark of sixty-five voting system errors in the 2022 General Election as outlined below. 39. Petitioners believe and therefore aver that contributing to the unreliability of the State's 2022 election is the fact that Texas's voter registration rolls, themselves, contained hundreds of thousands of potential errors at the time of the 2022 General Election. 40. These potential errors were in the form of illegal duplicate registrations, invalid addresses, age discrepancies, names embedded with numerals and symbols, voters listed in the county voter rolls but not the state voter rolls, registration edits without an effective date of registration change, voters that were cancelled and then reactivated, and transposed names with the same address. (See Exhibit"A" for Petitioner United Sovereign Americans Texas 2022 General Election Validity Scorecard.) 41. While Congress may not have specifically intended for these types of errors to be included in the one out of 500,000 error rate, Petitioners believe and therefore aver that this figure provides a general benchmark for what Congress considered an acceptable degree of error in federal elections. Page 9 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 10 of 56 PagelD 78 42. Such errors jeopardize the validity of elections throughout the State, bring doubt as to the accuracy and integrity of the State's currently-in-place voting systems, undermine Texans' collective voting rights, all in violation of existing state and federal election laws. 43. Petitioners seeks redress from these voter registration apparent errors, relief from blatantly inaccurate voter registration rolls, relief from discrepancies between votes cast and actual votes reported, and relief from extreme voting errors generally,which collectively and historically amount to violations of federal election laws, Texas election laws, and various voting rights encompassed by the United States Constitution. 44. The aforesaid violations of federal and state law have in the past resulted in the certification of election results from provably flawed, inaccurate, and obscure processes outside the view of impartial witnesses or the public, and Respondents have refused collectively to maintain or enforce compliance with federal and state required transparency mandates. 45. Petitioners have brought this issue to the attention of Respondents, who have done absolutely nothing to address these errors, ensuring future elections will suffer from the same deficiencies. See United Sovereign American's Letter to Texas Election Division as Exhibit"B." 46. Furthermore, rather than be alarmed by these apparent errors pursuant to prevailing election laws, Respondents instead have collectively ignored the issue of the unreliable election results their lack of effort have produced. 47. Petitioners believe and therefore aver Respondents have failed to adequately police and monitor problems with the voter rolls and failed to adequately fix voting registration errors within the State, despite being in the best position to ensure the reliability, integrity, and accuracy of Texas's elections to ensure veracity of the State's election results. Page 10 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 11 of 56 PagelD 79 48. Petitioners have repeatedly made good faith and sincere efforts to negotiate and convince Respondents to respond to its concerns. 49. Petitioners have repeatedly shown Respondents evidence of potential violations of election law,regarding the conduct of elections by local and state officials charged with administering elections on behalf of all citizens in accordance with the law. 50. The risk of election subversion is indisputable, but the State has denied Petitioners a fair hearing, despite the serious nature of Petitioners' findings calling into question the very reliability, integrity and accuracy of prior federal elections administered by the State. 51. The prayer for relief seeks the protection of Petitioners' rights, as well as those of every voting citizen of the State, to have their vote fairly counted in an open and reliable election as such elections are defined according to law and outlined below. 52. Respondents have denied Organizational Petitioners'members their right to a fair vote. 53. Respondents' failure has directly put at risk the validity of the election for the seat for which Petitioner Johnson is contesting this year. That congressional seat encompasses a district over which this Honorable Court has jurisdiction since a portion of the congressional district encompasses the City of Amarillo. 54. Furthermore, Respondents appear to have followed procedures that have obscured the ability to audit the 2022 general election to render the outcomes factually unknowable at the time of certification. 55. Petitioners believe and therefore aver Respondents have violated multiple federal and state laws, or negligently allowed such violations to occur, while loudly proclaiming the infallibility of the State's election results. Page 11 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 12 of 56 PagelD 80 56. Respondents insist that Petitioners have adequate voting rights, while simultaneously fighting from every conceivable angle to prevent Petitioners from attempting to protect those rights. Respondents' collective actions in refusing to address the problem extinguish and undermine the very meaning of the right to vote in a fair representative democracy. 57. Respondents can and should be compelled to address compliance with existing election law. Specifically: compelled to adequately investigate the issue, prosecute anyone in violation of federal and/or state law, and actively work to bring the State back into compliance with federal and state election law mandates so that Texas' constitutionally enshrined voting rights are upheld and preserved. 58. The All-Writs Act, 28 U.S.C. § 1651 provides that"[t]he Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in the aid of their respective jurisdictions and agreeable to the usages and principles of law." 59. District Courts of the United States have original jurisdiction over any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to a plaintiff. 28 U.S.C. § 1361. III. PARTIES 60. United Sovereign Americans, Inc., is a nonprofit corporation incorporated in the state of Missouri. 61. Bernard Johnson is an adult individual who, at all times relevant hereto, resided at 2701 Nonesuch Rd. #2107 Abilene, TX 79606, and is presently running for Congress. 62. Citizens Defending Freedom is a non-profit organization with an office in Texas and a registered address of 5900 Balcones Drive, Suite 100,Austin, TX 78713. Page 12 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 13 of 56 PagelD 81 63. Jane Nelson, in her official capacity as the Secretary of the State, was appointed by the Governor to oversee the Department of State. She and her department are tasked with administering and ensuring the State's compliance with Texas' Election Code,the State's compliance with federal law including the Help America Vote Act, and the National Voter Registration Act. During a federal election, she acts as a quasi-federal official pursuant to Article I, sec. 4 of the United States Constitution (as later amended) delegating power to the individual states to manage election of federal officials subject to the oversight of Congress. The Texas Department of State is a government entity responsible for administering and ensuring the State's compliance with Texas's Election Code and the State's compliance with federal law including the Help America Vote Act, and the National Voter Registration Act. During a federal election, its officers also function as a quasi-federal officials pursuant to Article I, sec. 4 of the United States Constitution (as later amended) delegating power to the individual states to manage election of federal officials subject to the oversight of Congress. 64. Ken Paxton, in his Official Capacity as the Attorney General of Texas, is responsible for overseeing and managing the Office of the Attorney General of Texas which is a government agency tasked with the enforcement and prosecution of state law in addition to ensuring that state actors, including those acting within the Texas Department of State, are complying with Texas law. 65. Merrick Garland, in his Official Capacity as the Attorney General of the United States, is the chief law enforcement official of the United States and is responsible for overseeing and managing the Department of Justice of the United States which is a government agency tasked with the enforcement and prosecution of federal law in addition to ensuring that state and Page 13 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 14 of 56 PagelD 82 federal actors, including those acting in the various states within the United States, are complying with Federal law. IV. JURISDICTION AND VENUE 66. This Court has jurisdiction pursuant to 28 U.S.C. § 1651. 67. This Court has jurisdiction pursuant to 28 U.S.C. § 1361. 68. This Court additionally has subject matter jurisdiction over this complaint because the case presents substantial questions of federal law, and the state claims are so related to the federal claims that they form part of the same case or controversy. 28 U.S.C. §§ 1331 and 1367. 69. This Court has personal jurisdiction as the Respondents are a collection of State of Texas agencies and actors, the State of Texas is within the jurisdiction of the United States, and Petitioner Johnson is running for a congressional seat in Texas' 19`h Congressional District, a portion of which is within the Northern District of Texas. 70. "When a state exercises power wholly within the domain of state interest, it is insulated from federal judicial review. But such insulation is not carried over when state power is used as an instrument for circumventing a federally protected right." Gray v. Sanders, 372 U.S. 368 (1963) (citing Gomillion v. Lightfoot, 364 U.S. 347 (1960). 71. Venue is proper in this district under 28 U.S.C. § 1391(e)(1). V. STANDING 72. Petitioner Johnson asserts standing because he is directly affected by the State's failure to correct the errors prevalent in the Texas 2022 General Election because he is running for federal office in the succeeding federal election in 2024 and believes and therefore avers his personal interests are harmed by Respondents' failure to act. Page 14 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 15 of 56 PagelD 83 73. Citizens Defending Freedom asserts organizational standing as it represents a group of Texas registered voters each expecting their vote to be properly counted and weighted and fear that will not occur in 2024 given the errors occurring in 2022 noticed to Respondents who have insufficiently addressed the causes for such errors. 74. Petitioners extracted data from Texas's statewide voter registration database and uncovered numerous registration and voting violations. In particular, Petitioners discovered that for the 2022 election there existed 196,658 apparent voting violations, including: a. 37,167 votes were cast by voters with illegal duplicate registrations; b. 29,847 votes were cast by voters from invalid addresses; c. 620 votes were cast with age discrepancies; d. 178 votes were cast with names embedded with numerals and symbols; e. 122 votes were cast which had transposed names on the same address; f. 142 votes from unique voter registrations that cast multiple votes according to the state voter rolls; g. 1715 votes from unique voter registrations, which cast multiple votes according to the county voter rolls; h. 7 votes from a voter listed in a county voter roll with a state voter ID of zero; i. 13,229 voters listed in the state voter roll with an unidentified voting method; j. 113,386 voters recorded in a county voter roll, but missing from the state voter roll, or vice-versa; and k. 244 votes where the voting method differs in the county voter rolls and the state voter rolls. (See Exhibit"A" for Texas 2022 General Election Validity Scorecard). Page 15 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 16 of 56 PagelD 84 75. Petitioners, after extracting data from Texas's statewide voter registration database, also discovered that the voter rolls were inaccurate. In particular,the Texas voter rolls for the 2022 election contained 1,352,202 errors including: a. 166,983 illegal duplicates; b. 105,922 invalid addresses; c. 7,714 age discrepant registrations; d. 414 names embedded with numerals and symbols; e. 10,350 voters listed in the county voter roll but not the state voter roll; f. 755,982 voter rolls were edited without an effective date of registration change; g. 277,598 voters were edited with an effective date of registration change; h. 28,815 cancelled voters,then reactivated; and i. 344 voters had transposed names with the same address. See Exhibit"A" for Texas 2022 General Election Validity Scorecard. 76. Furthermore, the official state certified result from the state election results webpage claims that 8,102,908 votes were cast, but the official state voter roll count says that 8,120,067 voters voted—a difference of 17,159 votes for which there is no explanation. See Exhibit "A." 77. Furthermore, the official state certified result from the state election results webpage claims that 8,102,908 votes were cast, but the official county voter rolls says that only 8,084,602 voters voted—a difference of 18,306 votes for which there is no explanation. See Exhibit"A." Page 16 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 17 of 56 PagelD 85 78. Petitioners have been and are currently harmed by the State of Texas voting systems presently and formerly in use in the State of Texas state and federal elections. Respondents have allowed, and continue to allow, violations of federal election laws, Texas election laws, the United States Constitution, and federal civil rights laws pertaining to voter rights. 79. Petitioner Bernard Johnson, is a resident of Abilene, Texas, and is running for Congress in Texas's 19th congressional district. See Bernard Johnson's Campaign Website at https://www.bernardjohnson4congress.corn/. 80. As a candidate for federal public office in an election overseen by Texas' state election officials upon delegation from the Texas legislature, Petitioner Bernard Johnson is especially and irreparably harmed by the collective failures of Respondents to keep the voter registration rolls of Texas accurate and in compliance with various federal and state laws regarding voting integrity. 81. The registration and voter roll inaccuracies means that Petitioner Bernard Johnson cannot properly devise and budget for campaign strategies, mailing campaigns, and other activities intrinsic in an election season/campaign. 82. For example, due to inaccurate voter rolls and registrations in the State of Texas, Petitioner Bernard Johnson has been caused to spend money campaigning to garner votes based on registrations and voter rolls that may be inaccurate using that inaccurate information to his detriment in making decisions on how to allocate his campaign resources. 83. Petitioner Citizens Defending Freedom-USA("CDF") is a nonpartisan, grassroots organization committed to improving election integrity, among other purposes, with a registered place of business in the State of Texas. Page 17 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 18 of 56 PagelD 86 84. CDF in Texas is comprised of Texas citizens who have an interest in the elections being administered fairly, properly, and accurately. 85. From November 2020 to November 2023, CDF Collin County, TX conducted a two-year investigation into the Collin County Register of Ballots and Tabulation Results for election day, in addition to assessing Texas voting procedures, chain of custody, mail ballots, compliance, and accuracy statewide. In so doing, CDF Collin County,TX uncovered that for each election in that period 78,341 ballots are unaccounted for(20.06%) and only 42.37% of the polling locations reconciled during that timeframe. See Exhibit"C." 86. In addition, CDF determined that forms required by various polling locations were not properly completed, gathered, or retained, and the status of unused ballots remains unknown. See Exhibit "C." 87. By way of an evidentiary averment, though not a named petitioner herein, Petitioners believe and therefore aver Barry Wernick ("Wernick"), an individual and resident of Texas, was a candidate in the Republican Primary election on March 5, 2024. 88. Wernick requested a recount of the aforesaid election, which began on April 2, 2024. 89. Wernick witnessed improper breaches of voter privacy throughout the recount and election process, and brought these issues to the attention of authorities, who refrained from action. See Exhibit "D," an affidavit from Petitioner Barry Wernick. 90. In addition, as a candidate for office, Wernick was directly affected by invalid and/or incomplete registrations—information which could very easily effect campaign strategy and allocation of funds. Page 18 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 19 of 56 PagelD 87 91. Though not a named petitioner herein, Dan Rogers ("Rogers"), is an individual and a resident of Texas, who has served as a Potter County GOP Chair since 2018. 92. Rogers attempted to get the county to agree to a primary election in Potter County without the use of electronic voting machines, due to the data concerns and issues related to reliability of the voting machines. 93. Rogers wished instead to use hand-marked, self-authenticated, physical ballots and a machine tabulation system for efficiency, with spot checked hand counts for accuracy. Rogers believed that this method was the most accurate and cost-effective way to comply with HAVA, NVRA, and various Texas laws regarding voting accuracy and registration rolls. 94. In particular, Rogers complained that under the current computerized system, no physical ballot exists, and therefore there is no way to establish the accuracy of a voting system by hand counts. 95. Regardless of these concerns, Rogers'request was ignored, and county election officials refused to require the election use physical ballots. See Exhibit"D." 96. The violations of State of Texas election laws, federal election laws, the U.S. Constitution, and federal civil rights laws pertaining to voter registration rolls, transparency, compliance, and certification of the voting systems, and the serious issues hereinafter discussed with the overall voting systems exemplify Petitioners' injury. 97. The injury to Petitioners and all Texas voters would cease to exist, or be relieved, if the Court grants Petitioners' requested relief. 98. The Supreme Court has indicated that if one party to a lawsuit has standing, other entities can join as parties without having to independently satisfy the demands of Article III, Page 19 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 20 of 56 PagelD 88 provided those parties do not seek a distinct form of relief from the party with standing. E.g., Home v. Flores, 557 U.S. 433 (2009). VI. BACKGROUND A. THE CONSTITUTIONALLY PROTECTED RIGHT TO VOTE 99. The United States Constitution grants the people the right to choose their representatives from among the people of the several states, according to the voting eligibility requirements of the state. U.S. Const. art. 1, § 2. 100. The 14th Amendment of the United States Constitution, Section 1, defines a "citizen" as all people born or naturalized in the United States and subject to the jurisdiction thereof 101. The 14th Amendment of the United States Constitution, Section 2,protects eligible citizen voters against denial or abridgment of their vote. 102. "The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury." Marbury v. Madison, 1 Cranch 137, 5 U. S. 163 (1803). 103. Federal courts regard the right to vote in a fairly conducted election as a constitutionally protected feature of United States citizenship. Reynolds v. Sims, 377 U.S. 533, 554-55 (1964). 104. After the 2020 Presidential Election, pervasive discussion reported on by the media focused on the validity of the presidential election results within the State of Texas and elsewhere. Page 20 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 21 of 56 PagelD 89 105. Discussions and/or litigation in Texas, as well as in other states around the Nation, centered on whether raw vote totals were accurate,with particular attention focused on the question: if all ballots in dispute were decided in the favor of one candidate for president over the other, would that have changed the outcome of the election in that state? 106. That questions concerned whether the recorded vote totals, viewed in the light most favorable to the losing candidate in any given state, could have affected the awarding of electoral votes from said state, which, in turn, might have affected the determination of the "winner" of the elections for president and vice-president in the Electoral College. 107. The media widely reported that no court ruled that, even if all disputed ballots were assumed to have been found to be favorable to the Republican Candidate during the 2020 presidential election, the outcome in any disputed state would have been affected. Furthermore, courts determined, according to such reports, insufficient evidence existed such that a court could find that the outcome of the election in any disputed state unreliable. 108. Petitioners do not seek to revisit the results of the 2020 presidential election, nor to re-examine the conclusions drawn by the various courts and media outlets as summarized above. 109. Petitioners posit a different question than above: How many disputed ballots found to be improperly cast in any given federal election may occur before the reliability and integrity of the entire election becomes suspect? Petitioners respectfully represent that Congress has answered this very question as outlined further below, and Congress' answer to this question forms much of the basis of the instant Petition. 110. In In re: Coy, 127 U.S. 731 (1888), the United States Supreme Court held that Congress had authority under the Constitution's Necessary and Proper Clause to regulate any Page 21 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 22 of 56 PagelD 90 activity during a mixed federal/state election that exposed the federal election to potential harm, whether that harm materialized or not. Coy is still good law throughout the country. See, United States v. Slone, 411 F.3d 643, 647 (6th Cir. 2005); United States v. Mason, 673 F.2d 737, 739 (4th Cir. 1982); United States v. Malmay, 671 F.2d 869, 874-75 (5th Cir. 1982). 111. In Oregon v. Mitchell, the Supreme Court stated: The right to vote is, of course, different in one respect from the other rights in the economic, social, or political field which, as indicated in the Appendix to this opinion, are under the Equal Protection Clause. The right to vote is a civil right deeply embedded in the Constitution. Article I, § 2, provides that the House is composed of members `chosen . . . by the People' and the electors `shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.' The Seventeenth Amendment states that Senators shall be `elected by the people.'The Fifteenth Amendment speaks of the `right of citizens of the United States to vote' -- not only in federal but in state elections. * * * [T]he right to vote freely for the candidate of one's choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. This `right to choose, secured by the Constitution,' United States v. Classic, 313 U.S. 299, is a civil right of the highest order. Voting concerns `political' matters; but the right is not `political'in the constitutional Page 22 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 23 of 56 PagelD 91 sense. Interference with it has given rise to a long and consistent line of decisions by the Court; and the claim has always been upheld as justiciable . . . as the right in the people of each State to a republican government and to choose their Representatives in Congress is of the guarantees of the Constitution, by this amendment a remedy might be given directly for a case supposed by Madison, where treason might change a State government from a republican to a despotic government, and thereby deny suffrage to the people. Mitchell, 400 U.S. 112 at 138-39 (1970). 112. Justice Harlin also stated the following in his concurring opinion: [A]s the right of the people of each State to a republican form of government and to choose their Representatives in Congress is of the guarantees of the Constitution, by this amendment a remedy might be given directly for a case supposed by Madison, where treason might change a State government from republican to a despotic government, and thereby deny suffrage to the people. Mitchell, 400 U.S. 112 at 185 (Harlan, J., concurring in part). 113. The Supreme Court further stated: "we are cautioned about the dangers of entering into political thickets and mathematical quagmires. Our answer is this: a denial of constitutionally protected rights demands judicial protection; our oath and our office require no less of us." Reynolds v Sims, 377 U.S. 533, 566 (1964). Page 23 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 24 of 56 PagelD 92 114. "Every voter in a federal . . . election . . . whether he votes for a candidate with little chance of winning or for one with little chance of losing, has a right under the Constitution to have his vote fairly counted, without its being distorted by fraudulently cast votes."Anderson v. United States, 417 U.S. 211, 227 (1974) (emphasis added). B. NATIONAL VOTER REGISTRATION ACT ("NVRA") 115. Congress passed The National Voter Registration Act ("NVRA") for the purpose of ensuring accurate and current voter registration rolls to enhance the integrity of elections. 116. In so doing, Congress found that: (1) the right of citizens of the United States to vote is a fundamental right; (2) it is the duty of the Federal, State, and local governments to promote the exercise of that right; and (3) discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for Federal office and disproportionately harm voter participation by various groups, including racial minorities. 52 US.C.A. § 20501. 117. NVRA exists in part to "protect the integrity of the electoral process" and "to ensure that accurate and current voter registration rolls are maintained." 52 US.C.A. § 20501. 118. NVRA requires states to "conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters" by reason of death or change of address. 52 U.S.C. § 20507(a)(4). 119. Similarly, the U.S. Election Assistance Commission("EAC") is required by law to report to Congress its findings related to state voter registration practices. 52 U.S.C. § 20508(a)(3). Page 24 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 25 of 56 PagelD 93 120. Federal regulations require states to provide data to the EAC for use in their reports, including the numbers of active voters, and the numbers of registered voters removed from the rolls for any reason. 11 C.F.R. § 9428.7(b)(1), (2), (5). 121. The NVRA requires the States to complete any program the purpose of which is to remove ineligible voters from the official lists of eligible voters not later than ninety (90) days prior to an election. 122. NVRA has two (2) methods of enforcement. First,the Attorney General can petition the court for declaratory and injunctive relief. Second, a private citizen can pursue a cause of action with certain requirements as follows: in a private action, notice is required, in that a person must notify the chief election official of the State involved. If the violation is not corrected within 90 days of receipt of the notice or within 20 days after receipt of the notice, if the violation occurred within 120 days before the date of an election for office, the aggrieved person may bring a civil action in an appropriate district court seeking relief. In the alternative, if the violation occurs 30 days before the date of an election for federal office, no notice is required. Petitioners here have provided notice to the State of Texas as required by NVRA. 123. Although the NVRA authorizes a private cause of action, as sought here, in the form of declaratory or injunctive relief, this "remedy" is toothless.Any Court in the United States would have great reluctance to formally order election officials to correct the NVRA error and/or decertify an election so close in time to an actual election or just after certification. 124. Additionally, to what extent the NVRA requires a hypothetical plaintiff to have suffered injury is not clear—standing could be a troublesome burden to prove particularly if the Page 25 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 26 of 56 PagelD 94 harm, such as voter fraud and dilution, has been committed on a class people, e.g., the electors as a whole, rather than on an individual person.4 125. Furthermore, a respondent could attempt to persuade a court to invoke the doctrine of laches to avoid the unpleasant task of questioning election officials, inquiring into potentially fraudulent elections, and inaccurate voting rolls, despite a hypothetical single plaintiff or group plaintiff being in full compliance with the private NVRA notice requirements. 126. Congress's power to pass the NVRA comes from Article I, Section 8, Clause 18 of the United States Constitution, the Necessary and Proper Clause, making accurate voter rolls a requirement to uphold the general (as opposed to the individual) right of the people to choose their representatives. 127. Petitioners bring here a private cause of action under NVRA. C. HELP AMERICA VOTE ACT ("HAVA") 128. The Help America Vote Act ("HAVA") exists in part to "establish minimum election administration standards for States and units of local government with responsibility for the administration of Federal elections, and other purposes." H.R. 3295 (2002). 129. HAVA requires that voter roll databases contain only the registrations of qualified citizen voters residing in that state. 52 US.C.A. § 21083(a). 130. HAVA defines a voting system as "the total combination of mechanical, electromechanical, or electronic equipment(including software, firmware, and documentation required to program, control, and support the equipment) that is used to define ballots; to cast 4 Petitioners suggest it is unlikely Congress intended to require individual standing in cases where mass violations of the NVRA occur due to widespread errors. Petitioners aver it is much more likely Congress intended organized groups of voters to bring private actions under such circumstances under an"organizational standing" theory. Page 26 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 27 of 56 PagelD 95 and count votes; to report or display election results; and to maintain and produce any audit trail information." 52 US.C.A. § 21081(b). 131. The purpose of any voting system is to accurately record, store, consolidate, and report the specific selections, and absence of selections, made by the voter as well as to accurately measure the intent of the total body of eligible voters that voted. 132. Petitioners believe and therefore aver the ability to "cast and count votes" begins with establishing eligibility and registering only qualified citizens into voter registration databases, thus assuring that all ballots granted, cast, and counted, are lawful. 133. Petitioners believe and therefore aver that inaccurate voter rolls have significant negative consequences in elections. 134. Per HAVA, in any given state, each qualified voter is granted a unique statewide identifier in a database, which averts the risk of double-voting or extra ballots being cast in the name of one individual voter. 135. HAVA furthermore requires that federal elections adhere to an accuracy standard established by the FEC through Section 3.2.1 of its Voting System Standards (2002),which states n relevant part that error rates are "...set at a sufficiently stringent level such that the likelihood of voting system errors affecting the outcome of an election is exceptionally remote even in the closest of elections."United States (2002) U.S. Federal Election Commission FEC. United States [Web Archive] Retrieved from the Election Assistance Commission, https://www.eac.gov/sites/default/files/eac_assets/1/2 8/Voting_System_Standards_Volume_I.pdf (emphasis added). 136. Accuracy in a voting system is defined as the ability of the system to capture the intent of voters without error. United States. (2002) US. Federal Election Commission FEC. Page 27 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 28 of 56 PagelD 96 United States [Web Archive] Retrieved from the Election Assistance Commission, https://www.eac.gov/sites/default/files/eac_assets/1/28/Voting_System_Standards Volume I.pdf 137. Section 301 of HAVA regarding "Voting System Standards," states that the "error rate of[a] voting system in counting ballots (determined by taking into account only those errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error rate standards established under section 3.2.1 of the voting systems standards issued by the Federal Election Commission." 52 US.C.A. § 21081(a)(5). 138. Petitioners ask the Court to recall that, the FEC voting systems standards of section 3.2.1 establish that"the system shall achieve a target error rate of no more than one in 10,000,000 ballot positions,with a maximum acceptable error rate in the test process of one in 500,000 ballot positions." See supra. (emphasis added) 139. The Voluntary Voting System Guidelines ("VVSG"),Version 1.1, Section 4.1.1 — Accuracy Requirements state, in part, "[a]ll systems shall achieve a report total error rate of no more than one in 125,000." Furthermore, "[t]he benchmark of one in 125,000 is derived from the `maximum acceptable error rate'used as the lower test benchmark in the 2005 Voluntary Voting System Guidelines Version 1.0. That benchmark was defined as a ballot position error rate of one in 500,000. The benchmark of one in 125,000 is expressed in terms of ballots, however, it is consistent with the previous benchmark that the estimated ratio of votes to ballot positions is 1/4."United States (2015) U.S. Election Assistance Commission. United States [Web Archive] Retrieved from the Election Assistance Commission, https://www.eac.gov/sites/default/files/eac_assets/1/28/V V SG.1.1.V OL.I.FINAL l.pdf.5 5 In the latest version of the VVSG, or VVSG 2.0,the EAC adopted the position that"the value of 10,000,000 ballot positions is taken from VVSG 1.0 [VVSG2005],however it is used here as the minimum number of ballot positions to test without error.If a larger number of ballot positions is used, there still can be no error." (emphasis added). Page 28 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 29 of 56 PagelD 97 140. HAVA also requires that states who receive payments for the administration of elections must use the funds "in a manner consistent with each of the laws described in Section 21145 . . . and the proposed uses are not inconsistent with the requirements of Title III." 52 U.S.C. § 20971(c). 141. A private cause of action, as Petitioners assert here, exists for HAVA through 42 U.S.C. § 1983. Colon-Marreror v. Velez, 813 F.3d 1, 22 (1st Cir. 2016) (finding a private action under 1983 for HAVA violations because the provision provided enforceable voting rights and imposes binding obligations on state officials). 142. Section 1983 provides a mechanism for enforcing individual rights secured elsewhere as in rights independently secured by the Constitution and laws of the United States. Gonzaga University v. Doe, 536 U.S. 273 (2002). Importantly, a § 1983 plaintiff must assert a violation of a federal right, not just a law. Blessing v. Freestone, 520 U.S. 329, 340 (1997). 143. The private cause of action pursuant to § 1983, and sought here, is found for violations of HAVA, which requires voting systems to provide the voter with the opportunity to change the ballot or correct any apparent error before the ballot is cast and counted. 52 USC 21081(a)(1)(A)(ii). Improper configuration of the voting machines by state election officials would constitute a violation. 144. Section 1983 is currently the only mechanism where HAVA violations will receive any meaningful private review, yet it has proven thus far to be ineffectual at providing any real remedy for such violations. 145. Congress's power to pass the HAVA comes from Article I, Section 8, Clause 18 of the United States Constitution, the Necessary and Proper Clause, making accurate voting systems a requirement to uphold the right of the people to choose their representatives. Page 29 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 30 of 56 PagelD 98 D. TEXAS ELECTION LAWS 146. The Texas Secretary of State is the chief election officer for the State of Texas. Texas Election Code Section 31.001. 147. The Secretary of State, Elections Division, is responsible for administering the election code. 148. Per the Texas Election Code, the Secretary of State, Elections Division is required to: a. Identify registered voters and remove invalid registrations; b. Correct and revise voter registration rolls; c. "[I]mpeement and maintain a statewide computerized voter registration list that serves as the single system for storing and managing the official list of registered voters in the state." Texas Election Code 18.061. d. Issue sanctions against counties/localities for non-compliance with the statewide computerized voter registration list; e. Implement training courses for registrars on substantial compliance with the statewide computerized voter registration list; f. Compare "quarterly" the voter registration list and the information received from other agencies to ensure the voter registration rolls are accurate. Texas Election Code 18.068. g. Take "appropriate action" to protect the voting rights of citizens. Texas Election Code Section 31.005. h. Refer to the Attorney General of the State of Texas that a crime in connection with an election has occurred. Texas Election Code Section 31.006. Page 30 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 31 of 56 PagelD 99 i. Adopt rules as necessary to implement and maintain compliance with the Help America Vote Act and the National Voter Registration Act. Texas Election Code Section 31.007 and 31.010. 149. Texas election laws describe numerous, criminal acts for failing to adhere to basic election guidelines, including, but not limited to: a. Unlawfully acting as an agent of a voter applicant. Texas Election Code Section 13.005 and 13.006. b. False Statement on an Application. Texas Election Code 13.007. c. Receiving compensation for registering voters. Texas Election Code Section 13.008. d. Failing to deliver a voter application. Texas Election Code Section 13.043. e. Unlawful use of Computer Services. Texas Election Code Section 18.012. f. Unlawful use of statewide computerized voter registration. Texas Election Code Section 18.067. g. Unlawfully obstructing a watcher. Texas Election Code Section 33.061. h. Unlawful preparation of ballots. Texas Election Code Section 52.0063. i. Illegal voting. Texas Election Code Section 64.012. j. Failure to properly preserve election records. Texas Election Code 66.058. k. Relinquishing custody of a key to a ballot box. Texas Election Code 66.060. 1. Failure to properly sign an early voting ballot application as a witness. Texas Election Code 84.003. m. Fraudulent use of application for ballot by mail. Texas Election Code 84.0041. n. Compensation for assisting voters. Texas Election Code Section 86.0105. Page 31 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 32 of 56 PagelD 100 o. Improper approval of a voting system. Texas Election Code Section 122.031. 150. Petitioners believe and therefore aver that the State cannot demonstrate effective control over voter eligibility in conformity with federal or state requirements, and the State has implemented a system that does not guarantee accuracy or compliance with legal mandates requiring the State to ensure that only eligible voters may register and vote. E. ELECTION FRAUD CONGRESS SOUGHT TO GUARD AGAINST 151. Petitioners do not accuse any person or entity of engaging in election fraud in 2022, nor propose any person or entity will engage in such fraud in 2024, nor in subsequent federal elections in Texas. Petitioners'purpose in describing types of voter fraud is simply to set forth the harms Congress sought to avoid by implementation of HAVA and NVRA as well as the various statutes passed by the Texas General Assembly for the same purpose and cited above. 152. Petitioners believe and therefore aver election fraud can occur in multiple diverse ways, not all of which are individualized to a specific actor. 153. Petitioners believe and therefore aver over the past fifty years, Congress has enacted criminal laws with broad jurisdictional basis to combat false voter registrations, vote- buying, multiple-voting, and fraudulent voting in elections in which a federal candidate is on the ballot. See 52 U.S.C. §§ 10307(c), 10307(e), 20511. 154. The federal jurisdictional predicate underlying these statutes is satisfied as long as either the name of a federal candidate is on the ballot, or the fraud involves corruption of the voter registration process in a state where one registers to vote simultaneously for federal as well as other offices. Slone, 411 F.3d at 647-48; United States v. McCranie, 169 F.3d 723, 727 (11th Cir. 1999). Page 32 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 33 of 56 PagelD 101 155. During voting in federal elections, individuals who do not personally participate in and assent to the voting act attributed to them, or those impersonating voters, or persons casting ballots in the names of voters who do not vote in federal elections, constitute prosecutable election fraud. See, 52 U.S.C. §§ 10307(c); 10307(e); 20511(2). 156. While no accusation is made here, Petitioners aver it is possible for election officials acting "under color of law" to commit election fraud by performing acts such as diluting ballots with invalid ones (ballot stuffing), rendering false tabulations of votes counted, or by failing to recognize valid voter registrations or votes from being given effect in any election, federal or non-federal (18 U.S.C. §§ 241, 242), as well as in elections in which federal candidates are on the ballot. See 52 U.S.C. §§ 10307(c), 10307(e), 20511(2).6 157. An individual commits election fraud by submitting fictitious names to election officers for inclusion on voter registration rolls,thereby qualifying the fictious name to vote in federal elections. 52 U.S.C. §§ 10307(c), 20511(2). 158. An individual commits election fraud by knowingly procuring eligibility to vote for federal office by people who are not entitled to vote under applicable state law and/or people who are not Citizens of The United States. 52 U.S.C. §§ 10307(c), 20511(2); 18 U.S.C. §§ 1015(f). 159. An individual who makes a false claim of United States' Citizenship to register to vote commits election fraud. 18 U.S.C. § 1015(f); 18 U.S.C. § 911. 6 For purposes of the present Petition, Petitioners do not suggest any Texas election officials engaged in election fraud. Rather, Petitioners points out the possibility of improper conduct by election officials as a harm against which Congress and the state legislature have sought to guard against by enacting the various statutes cited here. A reason Congress,especially in HAVA,set forth standards that must be met before an election is considered reliable is to counter potential election fraud and to thus produce presumptively reliable election results. Page 33 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 34 of 56 PagelD 102 160. A person who provides false information concerning a person's name, address, or period of residence in a voting district to establish voting eligibility commits election fraud. 52 U.S.C. §§ 10307(c), 20511(2). 161. Fraud can occur where an individual causes the production of voter registrations that qualify alleged voters to vote for federal candidates, where that individual knows the registrations are materially defective under applicable state law. 52 U.S.C. § 20511(2) 162. However, election fraud need not involve the participation of individual voters. Election fraud can occur where an individual or organization places fictious names on voter rolls (allowing for fraudulent ballots which can later be used to stuff the ballot box, supra.), casting fake ballots in the names of people who did not vote, obtaining and marking absentee ballots without the input of the voter involved, and falsifying vote tallies. 163. When the federal government seeks to maintain the integrity of elections, it does so for specific federal interests inter alia: (1) the protection of the voting rights of racial, ethnic, or language minorities, a specific constitutional right; (2) the registration of voters to vote in federal elections; (3) the standardization and procurement of voting equipment purchased with federal funds; (4) the protection of the federal election process against corruption; (5)the protection of the voting process from corruption accomplished under color of law; and (6) the oversight of non-citizen and other voting by persons ineligible to vote under applicable state law. Richard C. Pilger, Federal Prosecution of Election Offenses, p. 30, 8th Edition(2017). 164. Again, while not accusing anyone in Texas of engaging in misconduct hers, Petitioners believe and therefore aver Congress has enacted a litany of specific crimes that can be prosecuted under a general definition as "election fraud": Page 34 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 35 of 56 PagelD 103 a. Conspiracy Against Rights: 18 U.S.C. § 241. See United States v. Saylor, 322 U.S. 385 (1944) (stuffing a ballot box with forged ballots); United States v. Classic, 313 U.S. 299 (1941) (preventing the official count of ballots in primary elections); United States v. Townsley, 843 F.2d 1070, 1073-75 (8th Cir. 1988) (destroying ballots); United States v. Morado, 454 F.2d 167, 171 (5th Cir. 1972) (casting absentee ballots in elderly or handicapped peoples' names); Crolich v. United States, 196 F.2d 879, 879 (5th Cir. 1952) (impersonating qualified voters); United States v. Colvin, 353 F.3d 569, 576 (7th Cir. 2003) (conspiracy need not be successful nor need there be an overt act). b. Deprivation of Rights under Color of Law: 18 U.S.C. § 242. See United States v. Price, 383 U.S. 787 (1966) (acted jointly with state agents); Williams v. United States, 341 U.S. 97 (1951) (actions clothed under Color of State Law). c. False Information in, and Payments for, Registering and Voting: 52 U.S.C. § 10307(c).7 d. Voting More than Once: 52 U.S.C. § 10307(e). e. Fraudulent Registration or Voting: 52 U.S.C. § 20511(2). f. False claims to Register or Vote: 18 U.S.C. § 1015(f). g. "Cost-of-Election" theory: 18 U.S.C. § 1341. h. Improper Retention of Federal Election Returns: 52 U.S.C. § 20701. 165. In short, Petitioners maintain election fraud can constitute numerous different actions or inactions, and federal and state governments of the United States have an interest in 7 "Section 10307(c)protects two distinct aspects of a federal election:the actual results of the election,and the integrity of the process of electing federal officials." United States v. Cole,41 F.3d 303,307(7th Cir. 1994). Page 35 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 36 of 56 PagelD 104 guarding the integrity of elections, and ensuring election fraud is stopped, then prosecuted appropriately. VII. FACTS AND SUMMARY OF ISSUES 166. Petitioners United Sovereign Americans reviewed Texas's voter registration data from the 2022 general election including the data which contained millions of entries of voter registration information(purportedly) for Texas's voters. 167. Thereafter, Petitioner believes and therefore avers that expert data analysts acting on behalf of Petitioner United Sovereign Americans, and available at time of trial, performed a series of SQL database queries on the data to extrapolate and refine information about voter registrations in the State. 168. Thereafter, Petitioner United Sovereign Americans and undersigned counsel thoroughly reviewed those results and resulting expert opinions. 169. Petitioners will present in advance of trial such results and expert opinions reduced to writing and present such expert testimony at trial subject to cross examination. 170. Petitioner United Sovereign Americans' expert review of SQL database queries revealed hundreds of thousands of apparent voter registration errors in the State of Texas. Infra. 171. The results from the SQL database queries allowed Petitioners' experts to produce a"Scorecard" reflecting Texas' voter registration data detailing these hundreds of thousands of apparent errors contained within that registration data. See Exhibit"A"for a copy of Petitioner United Sovereign Americans' expert's Texas 2022 General Election Validity Scorecard. 172. In addition, the results from the SQL Database Queries of Texas'voter registration data allowed Petitioners' experts to compile a General Election Validity Reconciliation. See Page 36 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 37 of 56 PagelD 105 Exhibit"E" for a copy of United Sovereign American's Texas 2022 General Election Validity Reconciliation. 173. According to the data provided to Petitioner United Sovereign Americans for the 2022 election, Texas had 19,109,291 voter registrations. A. VOTER REGISTRATION ROLL INACCURACY 174. Expert analysis by Petitioner United Sovereign Americans of the official Texas State Voter Registration Data for the 2022 election revealed that, out of 19,109,291 voter registrations in Texas at that time,there were a total of 1,352,202 voter registration violations including: 37,167 votes were cast by voters with illegal duplicate registrations; 29,847 votes were cast by voters from invalid addresses; 620 votes were cast with age discrepancies; 178 votes were cast with names embedded with numerals and symbols; 122 votes were cast which had transposed names on the same address;. 142 votes from unique voter registrations that cast multiple votes according to the state voter rolls; 1715 votes from unique voter registrations, which cast multiple votes according to the county voter rolls; 7 votes from a voter listed in a county voter roll with a state voter ID of zero; 13,229 voters listed in the state voter roll with an unidentified voting method; 113,386 voters recorded in a county voter roll, but missing from the state voter roll, or vice-versa; and Page 37 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 38 of 56 PagelD 106 244 votes where the voting method differs in the county voter rolls and the state voter rolls. See Exhibit "A"for a copy of United Sovereign American's Texas 2022 General Election Validity Scorecard. See Exhibits "F"and"G" for supplemental data and detailed findings. 175. This data shows that in 2022 the voter rolls in Texas were not accurate and current as required by NVRA, HAVA, nor in conformity with specific Texas laws pertaining to voter registration. 52 U.S.C.A. § 20501(b)(4); 52 U.S.C.A. § 21081; and N.C.G.S. 163-22. 176. Thus far, Petitioners have exhausted every remedy known to them to have Texas correct these issues in advance of the 2024 general election. Petitioners continued in 2024 to seek redress and repair for these egregious violations through normal democratic means without success, placing Texas' Respondents on notice of the various potential violation of federal and state law. 177. Respondents then dismissed, and continue to dismiss, Petitioners' concerns and, based on information and belief, did so without any meaningful review, action, or response. 178. Petitioners believe and therefore aver Respondents intend to administer and ultimately certify Texas's 2024 general election and subsequent federal elections (involving both state and federal contests) using the same inaccurate and flawed data and conditions in violation of federal and state statutes. B. VOTES FROM INELIGIBLE VOTERS 179. Expert analysis on behalf of Petitioners of the official Texas State Voter Registration Data for the 2022 election revealed that, out of the votes cast in the 2022 general election, there were a total of 196,658 evident voting violations. These violations were in the form of: Page 38 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 39 of 56 PagelD 107 37,167 votes were cast by voters with illegal duplicate registrations; 29,847 votes were cast by voters from invalid addresses; 620 votes were cast with age discrepancies; 178 votes were cast with names embedded with numerals and symbols; 122 votes were cast which had transposed names on the same address; 142 votes from unique voter registrations that cast multiple votes according to the state voter rolls; 1715 votes from unique voter registrations, which cast multiple votes according to the county voter rolls; 7 votes from a voter listed in a county voter roll with a state voter ID of zero; 13,229 voters listed in the state voter roll with an unidentified voting method; 113,386 voters recorded in a county voter roll, but missing from the state voter roll, or vice-versa; and 244 votes where the voting method differs in the county voter rolls and the state voter rolls. See Exhibit "A"for a copy of Petitioners United Sovereign American's Texas 2022 General Election Validity Scorecard. See Exhibits "F" and "G" for supplemental data and detailed findings. 180. Petitioners believe and therefore aver this data shows that in 2022, the voter rolls in Texas were not accurate and current as required by the NVRA, HAVA, and specific Texas laws pertaining to voter registration. 52 U.S.C.A. § 20501(b)(4); and 52 US.C.A. § 21081. 181. Thus far, Petitioners have exhausted every remedy known to them in advance of the 2024 general election to have these issues, and all issues raised above and below, addressed, Page 39 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 40 of 56 PagelD 108 and remedied. Petitioners continued in 2024 to seek redress and repair for these egregious violations through democratic means without success placing Texas' Respondents on notice of the various potential violation of federal and state law. 182. Respondents ignored or dismissed, and continue to ignore or dismiss, these concerns without apparent meaningful review, action, or response, and furthermore Petitioners believe and therefore aver Respondents intend to administer and certify Texas's 2024 (and subsequent) general election(s) (involving both state and federal contests) under the same inaccurate and flawed conditions as that have utilized in 2022 in conducting Texas's combined federal and state elections. C. ERROR RATES IN 2022 COMPARED TO RATES PERMITTED BY FEDERAL LAW 183. Texas's voting systems are subject to the permissible error rates set forth by Congress in HAVA and further elucidated by the FEC Voting System Standards 3.2.1 and explained in the EAC's VVSG. Supra. 184. The maximum number of apparent voting system errors permissible in counting votes in the 2022 Texas General Election using the calculations set forth by the Federal Election Commission upon mandate by Congress was sixty-five (65) errors at most allowed. The total number of unique ballots impacted by voting system errors in the Texas General Election,, however, was 196,658 apparent errors, far exceeding the 65 maximum number. See Exhibit"A." See Exhibits "F" and"G" for supplemental data and detailed findings. 185. Even accounting for the possibility that, of the 196,658 apparent errors, many were not true errors, Petitioners believe and therefore aver,the State cannot demonstrate that the Page 40 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 41 of 56 PagelD 109 2022 General Election had sixty-five (65) or fewer errors such that the election could be considered reliable for certification. 186. Under HAVA, an error rate of no more than one in 125,000 is permissible before the results of the entire election becomes suspect, and the integrity and reliability of the election compromised. As mentioned above, this figure is calculated by dividing the total number of Texas votes in a given election by 125,000, to arrive at the number of permissible errors in any given election in order to create the error rate of no more than one in 125,000 mandated by the V V S G and HAVA. 187. Petitioners believe and therefore aver for the 2022 General Election this is 8,102,908 (votes cast) divided by 125,000 leaves sixty-five (65) (rounded up) as the maximum errors permitted, meaning that in order for the election to be considered valid, there cannot have been more than 65 voting system apparent errors in the entire ballot tabulation for all ballots cast in that election in Texas. 188. However, in the 2022 Texas General Election, the number of voting system apparent errors in counting ballots for the 2022 general election was 196,658, a figure dramatically exceeding the maximum allowable apparent error rate of sixty-five (65). 189. Because the voting system apparent error rate for the 2022 Texas General Election was far above the maximum allowable error rates, Petitioners believe and therefore aver the reliability and credibility of the 2022 results are cast into doubt as a matter of law. D. VOTER-TO-VOTE DEFICIT 190. The official canvas for the 2022 Texas Election was 8,102,908 ballots cast, yet the data shows there exist either 8,120,067 total ballots cast (state voter roll count) or 8,084,602 total ballots cast (county voter roll count) —respectively a discrepancy of 18,306 more votes, or Page 41 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 42 of 56 PagelD 110 17,159 fewer votes, than the State's certified results.8 See Exhibit "A."See Exhibits "F" and"G" for supplemental data and detailed findings. 191. This discrepancy may be defined as a Voter-to-Vote deficit. 192. Petitioners believe and therefore aver that Texas election officials cannot explain or account for the discrepancy of either 18,306 more votes or 17,159 fewer votes than Tesas' official results for ballots cast in total for 2022. Obviously, either number far is in excess of the allowed sixty-five (65), and indisputably each constitutes an"error,"rendering the 2022 Texas General Election results unreliable, and on that issue alone, should have prevented the certification of the results of such federal elections by Texas State Election Officials. 193. Petitioners believe and therefore aver that the 17,159 less votes counted than voters who voted, or 18,306 more votes counted than voters who voted means that either tabulators overcounted votes statewide, under counted county by county, or there exists an alternative source of the data discrepancy.9 E. TEXAS'S 2022 GENERAL ELECTION VALIDITY 194. For Texas's 2022 General Election, out of the 19,109,291 total registrations, of which Petitioners believe and therefore aver, there were 16,417,118 valid registrations, 1,234,740 8 Upon proof,Petitioners ask the Court to consider as probative of the magnitude of the errors in 2002,by itself,that the state and combined county results differ by a span of 35,465 ballots cast(adding 18,306+ 17,159) since former showed more ballots counted than ballots cast,and the latter showed fewer ballots counted than ballots cast relative to the official total of ballots cast. Petitioners point out it is beyond dispute that the county combined total,and the state total ought to be the same,and a discrepancy of 35,464 between the two is intolerable under HAVA. 9 Once again,Petitioners accuse no one of engaging in fraud or deceit. Petitioners merely point out the discrepancy,which could be due to unintentional tabulator error,fraud of unknown origin,a combination of both,or even fraud by the tabulators themselves. It is a fact that the discrepancy occurred in 2022 for an undetermined(and uninvestigated)reason. It is the discrepancy itself,regardless of the cause,which demonstrates an error rate in excess of that permitted by HAVA calling into question the very integrity of the election. Petitioners proposes to ask this Court to order law enforcement Respondents to ascertain why the discrepancy occurred in 2022,ensure that a similar discrepancy of such massive quantity does not re-occur in 2024,and in all federal elections thereafter in the future. Page 42 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 43 of 56 PagelD 111 uncertain/illogical/invalid registrations, 68,874 registrations which violated election laws, and 1,388,559 "Deadwood"registrations.10 See Exhibit"E." See Exhibits "F" and "G" for supplemental data and detailed findings. 195. Petitioners believe and therefore aver their analysis shows that of the people holding the 16,417,188 valid registrations, state officials counted 7,949,992 votes in the 2022 General Election. 196. Petitioners believe and therefore aver that of the identified 1,234,740 uncertain/illogical/invalid registrations, 155,630 people voted and whose votes counted in the 2022 General Election, each of which Texas election officials should have confirmed eligibility to vote before counting that vote and Petitioners aver did not,thus diluting the value of the votes of Texans who properly registered. 197. Petitioners believe and therefore aver that of the total of 1,303,614 registrations that may have violated election laws in one way or another, 170,075 people holding such registrations cast votes that were counted in the 2022 General Election, each of which Texas election officials should have confirmed eligibility to vote before counting that vote and Petitioners aver did not, again diluting the value of the votes of Texans who properly registered. 198. Petitioners believe and therefore aver that while none of the 1,388,559 "Deadwood"registrations, or fake name registrations, Texas listed as having voted in the 2022 General Election,those registrations still exist for unscrupulous persons to utilize fraudulently to cast votes in future elections. 199. Petitioners believe and therefore aver that the registration error rate in Texas for the 2022 General Election was approximately seven percent (6.8%)of the total registrations on 10 "Deadwood"is a concept dealing with election fraud and is defined as a fake voter registration record. These registrations could include a voter who is deceased,ineligible,moved,etc. Page 43 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 44 of 56 PagelD 112 the State's voter rolls. This figure is arrived at by taking 1,234,740 uncertain/illogical/invalid registrations, plus 68,874 registrations which violated election laws, as a percentage of 19,109,291 total registrations. 200. Petitioners believe and therefore aver that the voter system error rate in Texas for the 2022 General Election was two percent (2.1%), arrived at by taking 155,630 votes counted from uncertain/illogical/invalid registrations, plus 14,445 votes counted from illegal registrations, as a percentage of 7,949,992 votes cast. 201. Per HAVA and the FEC, the legal standard of allowable registration errors for a federal election is 0.0008% (or 1 out of 125,000) yet the voter system error rate in Texas's 2022 combined state and Federal General Election was 2.1%. VIII. REQUESTED RELIEF ALL WRITS ACT RELIEF—28 U.S.C. § 1651 202. Petitioners incorporate the previous paragraphs by reference as if set forth at length here. 203. Petitioners are not seeking to undermine official elections results previously certified. Petitioners has cited issues in prior Texas federal elections to add weight to Petitioners' belief that absent intervention by this Honorable Court, Respondents will permit the same apparent errors to occur in the 2024 (and subsequent) federal general elections in Texas. 204. Petitioners seek redress from the constitutional harm brought upon them and will be brought upon them, Petitioner Johnson running for Congress in 2024, and the Texas electorate at large, by Respondents' failure to comply with federal and state election law. 205. Petitioners believe and therefore aver that Respondents have done nothing, or an inadequate job, addressing the issues presented in this Petition—particularly to address the Page 44 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 45 of 56 PagelD 113 inaccurate and likely fraudulent voter rolls and voter systems used in federal elections conducted by state authorities. 206. Respondents' inaction and/or failure to act compels Petitioners to ask the Court to issue a Writ of Mandamus requiring Respondents to comply with and enforce the two federal statutes at issue (the NVRA and the HAVA) along with the Texas Election Code, 25 PA. C.S. § 1222(c), while giving Respondents a reasonable time within which to bring Texas into compliance in time for the 2024 General Election and all federal elections conducted by the State going forward, while providing relief to 2024 voters if, upon showing by Respondents, bringing the State into fully into compliance in time is impossible. 207. Specifically, Petitioners respectfully seek the Court order Respondents take steps, both short term and long term, to ensure the apparent errors made during the 2022 elections do not recur, and to bring the State into compliance with HAVA's specific mandate of no greater than 1 voting error out of 125,000 votes in the 2024 and subsequent federal general elections in Texas. 208. This Honorable Court is authorized to issue a writ of mandamus under "The All- Writs Act," 28 U.S.C. § 1651 granting the power to United States Federal Courts to "issue all writs necessary or appropriate in the aid of their respective jurisdictions and agreeable to the usages and principles of law." 209. A writ of mandamus under 28 USC § 1651 is typically used to fill gaps in the law, and the Supreme Court has stated that The All-Writs Act is a"legislatively approved source of procedural instruments designed to achieve 'the rational ends of the law."' Harris v. Nelson, 394 U.S. 286 (1969) (All Writs Act mandamus properly used to conduct factual inquiries). Page 45 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 46 of 56 PagelD 114 210. A writ of mandamus is warranted where "(1) no other adequate means exist to attain the relief, (2) the party's right to issuance of the writ is clear and indisputable, and (3) the writ is appropriate under the circumstances." Hollingsworth v. Perry, 558 U.S. 183, 190 (2010) (quoting Cheney v. United States Dist. Ct., 542 U.S. 367, 380-81 (2004) (stay granted where district court likely did not follow federal law)). 211. A writ of mandamus is appropriate and necessary to vindicate the rights of citizens (including candidates) when a governmental agency or official has refused to perform a ministerial duty that the Petitioners have established, they have a clear legal right to have the governmental agency or officials, in this case Respondents, perform. 212. A federal court may use all auxiliary writs as aids when it is "calculated in [the court's] sound judgment to achieve the ends of justice entrusted to it."Adams v. United States, 317 U.S. 269, 273 (1942) (writ of habeas corpus is available to the circuit courts of appeals). 213. A"ministerial action" is a duty in a particular situation so plainly prescribed as to be free from doubt and equivalent to a positive command. Wilbur v. United States, 281 U.S. 206, 218 (1930); see also Will v. United States, 389 U.S. 90 (1967). 214. "Mandamus is employed to compel the performance, when refused, of a ministerial duty . . . [i]t also is employed to compel action, when refused, in matters involving judgment and discretion, but not to direct the exercise of judgment or discretion in a particular way nor to direct the retraction or reversal of action already taken in the exercise of either." Wilbur v. United States, 281 U.S. 206, 218 (1930). See also Decatur v. Paulding, 39 U.S. 497, 514-17 (1840) (Secretary of the Navy's duty to approve of pensions was discretionary, and therefore, not ministerial); Kendall v. United States, 37 U.S. 524 (1838) (Postmaster General had a ministerial duty to make entries); Work v. Rives, 267 U.S. 175, 177 (1925). Page 46 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 47 of 56 PagelD 115 215. Instantly, Petitioners have no other remedy apart from a writ of mandamus. 216. Petitioners argue that injunctive and/or declaratory relief is inapplicable or appropriate in this matter because the harm from the 2024 election is not yet realized and Petitioners are seeking to have Texas election officials and/or federal officials bring the State into compliance with federal and state law, specifically HAVA,NVRA, and the Texas Election Code, 25 PA. C.S. § 1222(c), absent a specific existing private cause of action, apart from those Petitioners assert herein under NVRA and HAVA above, Petitioners could assert that affords Petitioners the relief sought necessitating Petitioners' request in equity, 217. Petitioners believe and therefore aver and assert private causes of action in equity to enforce federal and state law where Respondents have allowed, and continue to allow, violations of federal election laws, State election laws, the United States Constitution, and federal civil rights laws pertaining to voter rights, which laws include mandating accurate registration rolls, transparency, compliance, and proper certification of the voting systems. 52 US.C.A. § 20501; 52 US.C.A. § 21083. 218. Petitioners believe and therefore aver that the voter rolls within the State of Texas are inaccurate, in violation of NVRA and HAVA, and not simple list maintenance failures. The inaccuracies represent Texas' failure to control the process of validating and registering only qualified citizen voters. Petitioners' data upon expert review demonstrates persons possessing apparently invalid and/or illegal registrations voted in large numbers in Texas's 2022 General Election. 219. Petitioners believe and therefore aver State Respondents have lost control of voter registration, leading to the distribution of ballots to what appear to be false registrants which, in turn has resulted diluting the value of the votes of all voters including Petitioners'votes, Page 47 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 48 of 56 PagelD 116 hamstringing Petitioner Johnson's campaign for Congress, and harming the electorate at large. The voter-to-vote deficit alone is illustrative in that the official canvas for the 2022 Texas Election had more votes than recorded, or fewer votes than recorded, as detailed above. 220. Petitioners believe and therefore aver in upholding HAVA the Court should order as part of Petitioners'relief that Respondents perform risk assessments and proper certification of all system elements individually, and on the system as a whole to comply with the Act. 221. Petitioners believe and therefore aver Texas election officials'job is fidelity to the law in administering the electoral process, thereby protecting the integrity of an election, and Texans from corruption in the election process. 222. Petitioners believe and therefore aver that State officials' failure to follow the law has resulted in election outcomes in 2022 and previously that are untrustworthy. The voting system in its present form cannot be used to produce trustworthy and reliable results without judicial intervention as Petitioners contend. 223. Petitioners believe and therefore aver that a writ of mandamus is appropriate in this case. Respondents have failed, and continue to fail, in complying with federal and state laws regarding voting—including voting accuracy and accountability. It is clear from the Respondents conduct before, during, and after, the 2022 elections that, absent judicial action, despite amble notice, Respondents will do nothing to repair the deficiencies noted above to ensure Texas elections are conducted in compliance with federal and state law and ensure their reliability and integrity. 224. The scope of Petitioners' mandamus request is narrow: Petitioners seek this Court order Respondents to follow existing federal and state law designed by Congress and the Texas Page 48 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 49 of 56 PagelD 117 legislature to ensure that Texas' 2024 and subsequent combined federal and state general elections produce reliable results within the margin of error rate allowed. 225. Petitioners hold up the mathematically unreliable analysis (according to, inter alia, HAVA) of the 2022 Texas combined federal and state General Election as evidence that, should the writ not issue, the apparent error rate in the 2024 and subsequent combined general elections will continue to exceed the law's mandated permissible maximum error rate, and continue to produce election results that are unreliable that should not be certified. A. ACTION TO COMPEL A QUASI OR AGENCY OFFICER OF THE UNITED STATES TO PERFORM HIS DUTY 226. Petitioners seek that the requested writ direct Respondents to investigate and remedy the issues exposed in the 2022 elections to avoid repeating the same mistakes in future combined federal and state general elections which are constitutionally administered by Texas pursuant to Article I, Section 4 (delegating to the state legislatures the power to regulate federal elections for members of the House of Representatives, with reserving to Congress the power to "...alter such Regulations [made by the various state legislatures]..."),I I .."),11 and, generally,Article II, Section 1 (granting state legislatures the power to determine how presidential electors are chosen) of the United States Constitution.12 Petitioners aver that NVRA and HAVA are examples of Congress'exercising its power under Article I, Section 4 to"alter"Texas'(and all other states')otherwise absolute constitutional authority to regulate federal elections to the House of Representatives and,by application of the 17'Amendment to the U.S. Constitution providing for the direct election of two senators from each state,Congress may exercise its authority"...from time to time by Law make or alter such Regulations..." [of the various states...]to regulate the election of United States Senators as well the election of members of the House of Representatives. 12 Petitioners includes citation to Article II and the choosing of electors for president and vice-president,(later modified by the 12`h Amendment),to again demonstrate the Framers'intent that the various states shall have presumptive authority to regulate and administer the election of all federal officers on the ballot for consideration in a federal election. Article 1,Section 4(as later amended)and Article II, Section 1 (as later amended)are examples of where the Framers intentionally intertwined the powers of the various states with those of Congress,while making certain Congress maintained the ultimate power to regulate the election of its members,the then-prevailing concepts of Federalism and Dual Sovereignty notwithstanding. Page 49 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 50 of 56 PagelD 118 227. Petitioners believe and therefore aver that since the Constitution reserves to Congress the ultimate (as opposed to the presumptive) power to regulate the means by which Congress' own members are chosen, while the Constitution simultaneously delegates the presumptive power to regulate such elections to, in this case, the legislature of the State of Texas to further delegate as it sees fit to do so by law, the Respondents here who are not federal officers per se, become federal officers by agency, requiring them to carry out not only Texas election law, but additionally carry out federal election statutes passed by Congress and duly signed into law by the President under Congress' ultimate authority laid out in Article I, Section 4 of the Constitution. 228. Petitioners believe and therefore aver that delegations of authority by the General Assembly of powers to supervise federal elections to any Respondent State officials pursuant to the state legislature's power to regulate federal elections granted by Article I, Section 4, makes said State Respondents into federal officers by agency or quasi-federal officials in the conducting of their duties to regulate federal elections. 229. Petitioners believe and therefore aver that ordinary principles of federalism and dual sovereignty where a federal district court judge would be reluctant to issue an order to a State official pertaining to how that state official may perform his/her official functions are inapplicable because Respondent State officials are acting in a hybrid role as a quasi-federal officer as required by Article I, Section 4. 230. Petitioners believe and therefore aver, then, that this Honorable Court has authority to issue the requested writ of mandamus to compel, not just the Respondent Federal officers to ensure that federal election law is conducted in Texas's 2024 and subsequent general elections. This Court also has the authority to compel Respondent State officials to perform Page 50 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 51 of 56 PagelD 119 duties under the U.S. Constitution because said officials are charged by the Constitution in the conducting of federal law where Congress has asserted its power to "alter" existing Texas federal- election procedures as it did in enacting NVRA and HAVA. 231. Petitioners believe and therefore aver that any delegation of power over elections from the Texas legislature to the Executive Branch of Texas government(e.g., to the Governor who in turn delegates power to the Secretary of State, or any delegation of the General Assembly's power to regulate federal elections to the Attorney General) still falls under this Court's authority which is derived through Article I, Section 4's grant to the various state legislatures the power to supervise federal elections. 232. Petitioners believe and therefore aver that simply because the state legislature may have chosen to delegate some of its authority to supervise federal elections to Respondent members of the State's Executive Branch of government, such delegation does not insulate such officials and offices from the power of this Court, since this Court's power comes from its authority over the delegating entity, in this case the Texas legislature. B. ACTION TO COMPEL AN OFFICER OF THE UNITED STATES TO PERFORM HIS DUTY—28 U.S.C. § 1361 233. Petitioners incorporate the previous paragraphs as if set forth at length here. 234. District Courts are empowered with the ability to compel an officer or employee of the United States or any agency thereof to perform a duty owed to a plaintiff. 28 U.S.C. § 1361. 235. Respondents Merrick Garland, in his Official Capacity as Attorney General of the United States, and the United States Department of Justice are parties responsible for the enforcement of federal election laws, specifically HAVA and NVRA. Page 51 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 52 of 56 PagelD 120 236. Respondents Merrick Garland, in his Official Capacity as Attorney General of the United States, and the United States Department of Justice are officers, employees, or an agency of the United States. 237. Petitioners believe and therefore aver that Respondents Merrick Garland, in his Official Capacity as Attorney General of the United States, and the United States Department of Justice, have done nothing, or, at best, an inadequate job at addressing the issues presented above —namely, the inaccurate and likely fraudulent voter rolls and systems within Texas. 238. The inaction and/or failure to act is harming Petitioners and the Texas, a current candidate for Congress, and the electorate at large, warranting that the Court issue a Writ of Mandamus compelling Respondents Merrick Garland, in his Official Capacity as Attorney General of the United States, and the United States Department of Justice to enforce and police the two federal statutes at issue (NVRA and HAVA) for implementation in the Texas 2024 General Election and subsequent federal and state elections administered by State officials and giving Respondents a reasonable period of time in which to do so. 239. Specifically, the Court should order Respondents to take preventative measures to see the apparent errors evident the 2022 elections are not repeated in the 2024 and subsequent elections and bring the State into compliance with HAVA's specific mandate of no greater than one voting error out of 125,000 votes to ensure reliable election results as HAVA intended. 240. A writ of mandamus is warranted where "(1) no other adequate means exist to attain the relief, (2) the party's right to issuance of the writ is clear and indisputable, and (3) the writ is appropriate under the circumstances." Hollingsworth v. Perry, 558 U.S. 183, 190 (2010) (quoting Cheney v. United States Dist. Ct., 542 U.S. 367, 380-81 (2004) (stay granted where district court likely did not follow federal law). Page 52 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 53 of 56 PagelD 121 241. A writ of mandamus is appropriate and necessary to vindicate the rights of citizens when a governmental agency or official has refused to perform a ministerial duty that the Petitioners has established has a clear legal right to have the governmental agency or official, in this case Respondents, perform. 242. A"ministerial action" is a duty in a particular situation so plainly prescribed as to be free from doubt and equivalent to a positive command. Wilbur v. United States, 281 U.S. 206, 218 (1930); see also Will v. United States, 389 U.S. 90 (1967). 243. Relief contemplated under statute providing that federal district courts shall have original jurisdiction of any action in nature of mandamus to compel an officer or employee of United States or any agency thereof to perform a duty owed to plaintiff is at least as broad as under common-law writ of mandamus. Carey v. Local Bd. No. 2, Hartford, Conn., 297 F.Supp. 252 (D. Conn. 1969), affd, 412 F.2d 71 (2d Cir. 1969). 244. Petitioners believe and therefore aver they have no other remedy than a writ of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to plaintiff/Petitioners. 245. Petitioners argue that injunctive and/or declaratory relief is inapplicable or inappropriate to its issues because the harm from the 2024 election is not yet realized and Petitioners is seeking to have Texas election officials and/or federal officials bring the State into compliance with federal and state law using private causes of action, specifically under HAVA, NVRA, and the Election Code, absent other specific private causes of action that afford Petitioners relief. 246. Petitioners believe and therefore aver Respondents Merrick Garland, in his Official Capacity as Attorney General of the United States, and the United States Department of Page 53 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 54 of 56 PagelD 122 Justice have allowed, and will continue to allow, violations of federal election laws, the United States Constitution, and federal civil rights laws pertaining to voter rights, which include mandating accurate registration rolls, transparency, compliance, and proper certification of the voting systems. 247. Petitioners believe and therefore aver the voter rolls within the State of Texas are inaccurate, in violation of NVRA and HAVA. That these are not list maintenance failures. Instead, the inaccuracies represent a failure to control the process of validating and registering only qualified citizen voters. Persons voted in the Texas 2022 General Election in significant numbers who held apparently invalid and/or illegal registrations that Texas election officials, on information and belief, did nothing to verify the legitimacy of those registrants' casting ballots. 248. Petitioners believe and therefore aver that Respondents' failure to follow the law, or enforce the law, has resulted in election outcomes that are untrustworthy and unreliable. The State's voting system in its present form cannot be trusted to produce reliable results under HAVA, because Respondents will not follow the dictates of the Act necessitating this judicial intervention. 249. A writ of mandamus against Respondents Merrick Garland, in his Official Capacity as Attorney General of the United States, and the United States Department of Justice is appropriate in this case. Respondents Merrick Garland, in his Official Capacity as Attorney General of the United States, and the United States Department of Justice have failed, and continue to fail, in requiring the State of Texas to comply with federal laws regarding voting— including voting accuracy and accountability as is clear from expert analysis into Texas' conduct of the 2022 Texas General Election. Page 54 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 55 of 56 PagelD 123 250. Petitioners believe and therefore aver that without judicial action Respondents will do nothing to comply with HAVA and other federal and state statutes to ensure the integrity of Texas's elections and the same issues that are evident from the 2022 General Election will call into question the validity of Texas's 2024 and subsequent General Election results. 251. The scope of this request for a writ of mandamus is narrow: Petitioners seek a judicial order requiring Respondents, both federal and state, follow the laws cited herein in conducting the 2024 and subsequent federal elections, and adequately investigate and remedy the problems exposed in and 2022 elections as detailed above. IX. PRAYER FOR RELIEF WHEREFORE, Petitioners respectfully request Your Honorable Court formally recognize Texas' voter registration rolls contained hundreds of thousands of apparent errors in the 2022 General Election. Further, that these apparent errors took the form of illegal duplicate registrations, incomplete or unknown addresses, registrations on or before the registrant's date of birth, age discrepant registrants, registrations on a federal holiday, registrations on Sunday, registrations with modified dates of birth, registrants whose voter history inexplicably changed, registrants with registration dates altered backwards, and registrants with altered "unique" state voter identification numbers. Petitioner asks this Court to enter an order in mandamus compelling Respondents to ministerially correct the apparent errors evident from the 2022 elections data, ascertain to the Court's satisfaction the reasons why the 2022 errors occurred, and prevent those same or similar ministerial errors from recurring during the Texas 2024 General Election and all subsequent federal general elections to ensure the integrity of Texas' combined federal and state elections going forward for years to come. Petitioners, additionally, seek pursuant to permissible causes of action under NVRA and HAVA, this Court order that the State Page 55 of 56 Case 2:24-cv-00184-Z Document 5 Filed 08/28/24 Page 56 of 56 PagelD 124 of Texas' may not certify the 2024 General Election unless and until the relevant Respondents have demonstrated to the Court that the 2024 General Election and subsequent elections were conducted in conformity with federal and state law and with fewer than the maximum errors permissible. Petitioners further request this Honorable Court order the state, and any subdivision thereof responsible for voter registrations, submit voter registration requests (and any existing registrations reasonably in question) to the Department of Homeland Security to verify the citizenship or immigration status of persons seeking registration to vote or who are presently on the state's voter rolls whenever there exist any reliable indicators that an applicant or registered voter may not be a U.S. citizen. (see: 8 U.S.C. secs. 1644 & 1373(c)). Lastly, Petitioners seek and order in mandamus requiring all public officials named as Respondents perform their duties as the law intended whether it be conducting federal elections in conformity with the law or investigating, and where warranted in their discretion, prosecuting persons, or entities for failing to perform their duties in conformity to the law after being given timely notice to do so. Respectfully Submitted, Date: August 27, 2024 By: /s/Bruce L. Castor Jr Bruce L. Castor, Jr. (PA Id. No. 46370) Admitted to Practice Unites States District Court,Northern District of Texas Attorney for Petitioners 1219 Spruce Street Philadelphia, PA 19107 Main: (215) 546-1000 Fax: (215) 546-8529 Email: bcastor@mtvlaw.com Page 56 of 56 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 1 of 84 PagelD 125 EXHIBIT "A" * * • yi30184-Z Document 5-1 Filed 08/28/24 Page 2 of * 84 , P -.µ • SOVEREIGN AMERICANS J. Texas 2022 General Election Validity Scorecard •1.Were the voter rolls accurate,as required by the National Voter Registration Act of 1993? lnel°gable or-Uncertain Registration Type - j Number,of Instances* Illegal duplicates 166,983 Invalid address 105,922 Age discrepant 7,714 Names embedded with numerals and symbols 494 Voters listed in the county voter roll but not in the state voter roll** 10,350 Edit without an Effective Date of Registration change 755,982 Related edit with an Effective Date of Registration change 277,598 Cancelled and then activated 26,815 Transposed names same address 344 APPARENT,REGiSTRATIONVIOLATIONS:. •_ ° 1,352,202t, * 2. Were the votes counted from eligible voters,as required by the US Constitution? Ineligible or Uncertain Registration Type'thatYVoted in 2022 GE Votes cast m 2022 GE Illegal duplicates 37,167 Invalid address 29,847 Age discrepant 620 Names embedded with numerals and symbols who voted 179 Transposed names same address 122 Unique Voter registrations that cast multiple votes according to the state voter roll 142 Unique Voter registrations that cast multiple votes according to the county voter roll 1,715 Voters listed in the county voter roll with state voter ID of zero 7 Voters listed in the state voter roll with an unidentified voting'method 13,229'` Voters recorded in county voter roll,missing from state voter roll,or vice versa 113,386 Voting method discrepancy between county and state voter rolls 244 !APPARENT VOTING:VIOLATIONS: ..' 196;658* •, 3. Was the number of votes counted}equal to the number of voters who voted? Official Source °. ''.. Reported Total 1 Official state-certified result from state election results webpage Votes counted: 8,102,908 • Official state voter roll vote count(September 2023)** Voters who voted: 8,120,067 TOTA;L.DIFFERENCE:• LESS votes.counted than voters who voted: 17159`. Official Source Official state-certified result from state election results webpage Votes counted: 8,102,908 Official county voter roll vote count(September 2023)*** Voters who voted: 8,084,602 TOTAL DIFFERENCE: 'MORE votes counted than voters•,whoyoted::18,306, 4. Was the number of ballots in error valid according to the Help America Vote Act of 2002? Ballots with apparent voting violations in the 2022 GE according to TX raw data 1.96,658 Allowable machine error rate js 1/125,000 ballots 65 Provable:acouracy fails to meet any°protective legal standard . °Unresolved vote errors:'196,593 "Congress seeks....to guard the election of members of Congress against any possible unfairness by compelling,under its pains and penalties,everyone concerned in holding the election to a strict and scrupulous observance of every duty devolved upon him while so engaged.... The evil intent consists in disobedience to the law." —In re Coy,127 U.S. 731(1888) *Voter registration data is an official copy of the registration database from 09/26/2023 and was sourced directly from the Texas Secretary of State(SOS). **The calculation for voters who voted included the 13,229 unidentified voting method votes. ***County vs State Voter Rolls:The"state voter roll"and"county voter roll"ore both official lists of voters who voted in the November 2022 General Election. Both were sourced directly from the SOS.The state roll comes from the official state database,while the county roll is originally uploaded by each county and then reported on the SOS website.The county voter lists ore aggregated together from each county and the result is a secondary view of who voted in this election. riaisistarmavirp ..•,ramztr Unite4Freedom.com * info@Unite4Freedom.com United Sovereign Americans,Inc. 07242024 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 3 of 84 PagelD 127 EXHIBIT "B" Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 4 of 84 PagelD 128 UNITED cT. # REIGN Texas Chapter Texas Chapter United Sovereign Americans (USA) Todd Lindstrom Daniel and Debra Boehm, Susan Miller 14055 Red Wood Cir N McKinney,TX 75071 February 11, 2024 Texas Election Division Secretary of State James E. Rudder Bldg. 1019 Brazos St. Austin,TX 78701 To whom it may concern: I and the others listed on the enclosed complaint are citizen volunteers with United Sovereign Americans.We have reviewed election data for the 2022 General election that was purchased from the State of Texas, and we are alarmed with what we found.We are limited by the amount of information that we as citizens have been allowed to access. We are not accusing any particular person or entity of doing anything illegal. However, it appears that there is an abundance of illegal, invalid and questionable voter registration records in the Texas voting database, and therefore in county voting records as well. As can be seen from the attached report, it appears that there are serious breaches of statutory standards on both the Federal and state level required by the law. In some cases, hundreds of thousands of potential voter irregularity/registration cases would either need to be explained or classified as illegal votes, obviously affecting: 1) compliance with Federal and state vote procedure requirements, 2) reflecting election results certified as legal but which in fact were illegal and 3) reflecting possible election fraud in Texas since the 2022 elections and possibly dates prior to 2022. Let us stress that this is not a vague complaint of election fraud conspiracy. It is not an attempt to overturn any particular election result. It is intended, however,to point out what may b.e ongoing illegal procedures and a failure to follow the Texas Election Code. If this is the case it must be identified and remedied. Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 5 of 84 PagelD 129 If you choose to dismiss the facts forming the basis of this inquiry,further action will be pursued. We would hope, however,that the factual anomalies are investigated and satisfactorily explained. While this is the first formal complaint lodged from the Texas Chapter of the United Sovereign Americans Organization,this is not the first complaint that has been registered by Texas citizens. In fact, many times the petitions of the people of Texas have been met with indifference and disrespect, not just by this Office of the Secretary of State but by county election officials and other governmental leaders. PIR requests for information have been ignored even as we were seeking clarifications concerning the details of this report. With the data you will find in this report,there are hundreds of thousands of potential violations of state and Federal laws, rules and procedures. While we do not know who is responsible for these potential violations,we know that there are county level commissioners who are certifying elections for which there is no basis that the county or the state can say with certainty what the "will of the people" was in the election. You will see data which,when drilled down to the county level, puts close races at the county level at levels of magnitude beyond the margin of victory. Our concern, obviously, is that the resulting election certifications apparently were made despite objective,factual data raising concerns that the State may have compromised systems, and that the certifications may represent serious disregard of the voters' civil and constitutional rights within the state. We have attached our summary report, and a report of all of the seemingly illegal or suspect registrations in the Texas voter rolls. This analysis used public data provided by State of Texas websites, and a formal paid PIR which purchased the election data from your office. We would be happy to meet with you and answer any questions you may have and explain in further detail how we arrived at our conclusions. We ask for a response of intentions from the Elections Division of the Texas Secretary of State within ten business days of receipt of this communication. Sincerely, Todd Lindstrom Susan Miller Debra Boehm Daniel Boehm jq $ry, erl it t CM ' .. 5 is NVESTIGATIVE REPORT EVALUATING REGISTER OF BALLOTS AND TABULATION DATA November 2020 - November 2023 COLLIN COUNTY CITIZENS DEFENDING FREEDOM This report is predicated on the understanding that any information provided is derivative of public information requested from the Collin County Elections office under the Texas Public Information Act. The government-provided information included, or any inferences drawn from the lack of information provided or available may also be replicated by the general public to draw their own conclusions and findings. Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 8 of 84 PagelD 132 TABLE OF CONTENTS Purpose of Report 3 Background and Summary 4 Factual Findings 5 Problems and Issues Presented With Certification of Elections 10 November 2020 General Election 10 May 2021 Joint Election 10 June 2021 Joint Election 11 November 2021 General Election 11 January 2022 City of Mckinney Special Election 12 January 2022 City of Frisco Special Election 12 March 2022 City of Frisco Special Runoff Election 13 May 2022 Joint Election 13 November 2022 General Election 14 May 2023 Joint Election 14 November 2023 General Election 15 Opinions and Solutions 16 A. Compliance With Receipt, Certification, and Retention of Election Records. 16 B. Compliance With the Texas Public Information Act 16 C. Return to Elections Officials Elected by the Voters 17 D. Utilize the County Election Commission for Appropriate Oversight 18 E. Conduct an Investigation Into the Facts Presented 19 Conclusion 20 Relevant Legal Authorities Glossary of Relevant Election Terms 21 Relevant Legal Authorities 25 July 2024 I Page 2 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 9 of 84 PagelD 133 PURPOSE OF REPORT Citizens Defending Freedom-USA ("CDF") is a nonpartisan grassroots organization committed to resolving breaches of freedom and liberty through local awareness, local light, and local action. One of the core missions of CDF is devoted to supporting the rule of law and the right of every lawful voter to participate in free, fair, and transparent elections. CDF defends fair,reasonable, common-sense election measures that give confidence to those casting their ballots that the reliability of the voting process is protected. Confidence in election outcomes is due to the accumulation of laws, rules, and practices aimed at guarding the fairness and accuracy of elections, which in turn makes them more trustworthy in the process. Through public engagement, advocacy, and education, CDF seeks to ensure that elections are carried out with duly enacted election law and shed light on ambiguity for our citizens to maintain trust and confidence in our election outcomes. CDF thus has a significant interest in this investigative report as an important matter not only for all citizens in Collin County, but also everyone throughout the State of Texas, regardless of party affiliation. The purpose of the report is to inform and educate key stakeholders and local/state government officials about the findings of the investigation and shed light on what appear to be deficiencies, errors, and other activities that cause the general public to lose faith in the accuracy of election outcomes. Based on the findings of this report, further investigation into the matter should be initiated, and policies and procedures should be reviewed and corrected to resolve any deficiencies, and restore trust, faith, and transparency to the elections process. This report is the opinion of the drafter and created with all publicly available information for the purposes of highlighting discrepancies in Collin County Elections. The facts, opinions, and recommendations based on the available county provided data herein is not represented as complete, and it should not be relied upon due to questions on the accuracy and completeness of the data provided due to persistent missing and inaccurate data associated with responses to Public Information Act requests. The report is not meant to besmirch, embarrass, or provide factually inaccurate information. Due diligence and good faith were taken in the development of this investigation. As a result, best efforts were taken to provide comprehensive sources to establish and support all assertions made without the benefit of infoiniation missing or withheld by the Collin County elections office. With this report, CDF Collin County seeks to identify problem areas with the administration of elections, suggest areas for improved training, enable elected officials to provide appropriate oversight with any needed investigations, identify policies and procedures for correction, and to increase accountability of those that have not met the standards expected of the general public. July 2024 I Page 3 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 10 of 84 PagelD 134 BACKGROUND AND SUMMARY In recent years, Texas has implemented various measures to bolster election transparency and accuracy. Spurred by increases in reported cases of election fraud and election validity concerns, legislative activity and public awareness on election oversight has increased to ensure that due diligence and transparency are the foundation for a properly administered election. Public trust in elections comes down to whether voter registration systems accurately record those eligible to vote, voter information systems accurately assign voters to voting districts, voting machines accurately record votes, election-night reporting systems accurately aggregate and communicate election results to officials and the public, and post-election audit and canvassing procedures proceed impartially and in accordance with the law. Of utmost importance to the elections process is that records are properly maintained and protected as public information from deterioration, alteration, mutilation, loss, or unlawful removal. When mistakes are made, transparency and accountability is paramount to properly address citizen concerns. An elected leader's response to issues surrounding the administration of an election is paramount to properly address real and perceived matters of fraudulent election activity or lack of government accountability. Elected leaders must act with diligence and transparency to correct a breakdown of established election processes and procedures. When valid concerns are raised, it is the duty and responsibility of elected officials with oversight to review, investigate, and communicate with the public in a transparent manner to ensure accountability and due diligence. When transparency and accountability of the administration of elections is conducted accordingly, voter participation and overall public trust in elections will only increase with all citizens,no matter what political affiliation they may identify with. As part of the process to review elections processes and procedures, CDF Collin County conducted a two-year investigation into the Collin County Register of Ballots and Tabulation Results for election day records from November 2020 until November 2023. The investigation gathered publicly available documents, reviewed statutory and regulatory authorities, and Collin County policy and procedures, among others. This report is the product of the gathered information and information that was requested, should have been available, but was not provided. First, the CDF investigation discovered that during the course of multiple elections, missing Register of Ballots forms connected to various polling locations were not properly completed, gathered, or retained, and status of unused ballots are unknown to this day. Second, as a matter of record, the Collin County Elections Administrator certified and reconciled the Register of Ballots. However, based on the available information provided by election officials, the facts provide that certification of elections conducted in 2020 and thereafter were conducted with unaccounted for and incomplete Register of Ballots forms at the time of certification. For example, polling locations with ballot discrepancies should include, on their Register of Ballots, an explanation of why there is a discrepancy between the number of ballots received and the number used and returned. Additionally, the Texas Election Code ("Election Code or TEC") §127.156 deals with the procedure for conducting a recount and when a discrepancy of more than three ballots exists, that the official tabulation of those ballots shall be conducted at a central counting station. Based on our investigation these required recounts appear not to have been accomplished. As a result, it appears that elections were certified without complete election records, and that records are not being maintained in accordance with the law. July 2024 I Page 4 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 11 of 84 PagelD 135 FACTUAL FINDINGS 1. Texas conducts elections in its 254 counties and more than 1,200 cities pursuant to the Texas Election Code. By default, the Election Code provides that the county tax assessor-collector and county clerk manage voter registration and election administration. The Election Code alternatively permits counties to appoint a"county elections administrator" and transfer all voter registration and election administration duties to the appointed individual. - 2. For Collin County,the Office of Elections Administrator was created by the Collin County Commissioners Court on August 18, 1980, as authorized under Election Code §31.031. Without creation of this position, Collin County would follow the default rule in Texas to run elections through the elected county clerk and tax assessor-collector. 3. The current Collin County Elections Administrator is Mr. Bruce Sherbet.' 4. The Elections Administrator fulfills the duties and responsibilities traditionally assigned to the county clerk, including preparing a proposed schedule of polling places and times for approval by the county commissioners court, hiring and training poll workers, allocating voting equipment to ensure adequate coverage for all polling places and the canvassing of election results, among others.2 5. The Elections Administrator duties also include overseeing the conduct of elections, providing information on early voting to individual voters, and distributing official vote-by-mail applications to eligible voters.3 6. A majority vote of the county election commission—a body that comprises the county judge, the county clerk, the county tax assessor-collector, and the county chairs of qualifying political parties—appoints a county elections administrator.4 7. Unlike a county clerk, who must answer the voters for poor performance, an Elections Administrator is not directly accountable to the voters through an election process. As a result, and after appointment by the County Election Commission, an Elections Administrator can be removed in only two ways. First, they may be removed "for good and sufficient cause on the four-fifths vote of the county election commission and approval of that action by a majority vote of the commissioners court."5 Second, in a county with a population of more than 4 million,they may be removed by the Secretary of State, but only upon a finding of a"recurring pattern of problems with election administration or voter registration"that 'See Collin County Elections Home(colliucountvtx.eov). 2Texas Election Code§31.043. 'Texas Election Code§31.043-31.045,83.002,85.007. 4Texas Election Code§31.032. 'Texas Election Code§31.037(a). July 2024 I Page 5 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 12 of 84 PagelD 136 has "not [been] rectified or continues to impede the free exercise of a citizen's voting rights"—and even then only at"the conclusion of administrative oversight of the county elections administrator's office."6 8. The general custodian of election records is the county clerk or the elections administrator of each county wholly or partly situated in the territory covered by the election for an election ordered by the governor or by a county authority or for a primary election.? 9. Under Texas law, election records must be preserved for at least 22 months after election day.8 10. Election records include election returns, voted ballots, and other records of an election that are assembled and distributed under Chapter 66 of the Texas Election Code.9 11. According to the Texas Election Code, after an election, the presiding judge at each polling place is responsible for assembling and distributing the precinct election records. The judge places these records into four envelopes and two ballot boxes.10 12. Envelope No. 1, addressed to the presiding officer of the local canvassing authority, contains the original election returns and a tally list. Envelope No. 2, addressed to the general custodian of election records, holds a copy of the precinct returns, tally list, original poll list, signature roster, precinct early voting list, affidavits, and certificates of appointment of watchers.'1 13. Envelope No. 3,kept by the presiding judge,has a copy of the precinct returns,poll list,and ballot register. Envelope No. 4, delivered to the voter registrar, includes the precinct list of registered voters, registration correction list, statements of residence, and affidavits related to voter identification.12 In Collin County, the Elections Administrator is also the voter registrar. 14. Ballot Box No. 3 holds the voted ballots, a copy of precinct returns,tally list, and poll list. Ballot Box No. 4 contains the original ballot register, register of spoiled ballots, spoiled ballots, mail ballots returned at the polling place, defectively printed ballots, an envelope containing cancellation requests and cancelled ballots, and other unused ballots.13 6Id.at Texas Election Code§31.037(b). 'Texas Election Code§66.001,31.043. 8Texas Election Code§66.058. 9Id.at Texas Election Code§66.002. 10Texas Election Code§66.003,66.025,66.026. 111d.at Texas Election Code§66.021. 'Id.at Texas Election Code§66.021466.026. 1'Id.at Texas Election Code§66.021—§66.026. July 2024 I Page 6 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 13 of 84 PagelD 137 15. The presiding judge personally delivers these envelopes and ballot boxes to the appropriate authorities. The voted ballots must be preserved securely for at least 22 months after the election. The presiding judge also delivers the key to Ballot Box No. 3 to a designated custodian, such as the sheriff, chief of police, or constable, depending on the type of election.14 16. According to the United States Election Assistance Commission, an audit trail is information recorded during election activities to reconstruct steps followed or to later verify actions taken with respect to election procedures and voting systems.'5 17. The audit trail election officials create to track supplies, voting equipment, and ballots is central to the integrity of the election. A properly completed audit trail provides strong evidence of a trustworthy election.16 18. During the canvass, election officials review compliance with chain of custody procedures and assess the completeness and accuracy of documentation completed by staff and poll workers during in-person and mail voting. This includes reviewing: (1) Poll worker and early voting staff reconciliation of voters checked in and ballots cast; (2)Mail ballot applications received,rejected, and accepted, (3) Late arriving mail ballots and provisional ballots received, accepted, and rejected; (4) Chain of custody documentation for ballots, voting equipment, and supplies.17 19. The canvass provides an opportunity for election officials to scrutinize the audit trail - including chain of custody documentation and reconciliation paperwork- to verify proper procedures were followed and all materials are accounted for.A thorough audit trail supports the accuracy and integrity of the final certified election results.18 20. On August 23, 2022, a Public Information Request (PIR) for the 2020 General Ballot Images was submitted to Collin County within the 22-month statutory preservation period.19 21. On September 6, 2022, the PIR was supplemented to request the additional records of the Incident Manager Reports, All Standard Affidavit Forms, and All Register of Ballot Forms for all elections from November 2020 through the end of 2022.2° 14Id.at Texas Election Code§66.051. I5United States Election Assistance Commission Website.(2022).Guide to the Canvass. '6Id. "Id. '$Id. 19Exhibit 1:Email Correspondence re 2020 General Ballot Imaces(08/23/2022-09/1/2022). 20Exhibit 2:Email Correspondence to request additional records re 2020 General(09/06/2022). July 2024 I Page 7 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 14 of 84 PagelD 138 22. Precinct election records include precinct election returns, voted ballots, and other records of an election that are assembled and distributed under Chapter 66 of the Texas Election Code.21 23. Under Texas law, precinct election records must be preserved for at least 22 months after election day.22 Electronic records created as part of an election must also be preserved for at least 22 months after election day.23 24. On September 19, 2022, a request for clarification was received by the Collin County Elections office on the PIRs submitted for the election records requested.24 25. On September 26, 2022, a clarification was provided in the response with examples provided from Williamson County.25 26. On October 6, 2022, a County-appointed Attorney requested an opinion from the Attorney General's office on whether the precinct election records met an exception for public release.26 27. On December 21, 2022, the Attorney General issued Opinion OR2022-39841, which required Collin County to release the precinct election records.27 28. On December 22, 2022, following the statutory deadline of 45 business days after the request for opinion had been sent the County-appointed Attorney was contacted for a status on releasing the records.28 29. On December 22, 2022, the County-appointed Attorney replied via email stating he had not received a response, and that the AG's office was running behind when in fact, the Attorney General had already issued Opinion OR2022-39841.29 30. On January 6, 2023, a notification of the AG's opinion from the county-appointed Attorney was received.3o 21Id.at Texas Election Code§66.002. 22Texas Election Code§66.058. 23Texas Election Code§66.058(g). 'Exhibit 3:Request for Clarification(09/19/2022). "Exhibit 4:Clarification with Examples(09/26/2022). 26Exhibit 5:Request for AG Opinion(10/06/2022). 27Exhibit 6:AG Opinion OR 2022_39841 (12/21/2022). '-'Exhibit 7:Request for Status on Releasing Records(12/22/2022). 'Exhibit 8:Response from County Attorney Alleaine No Receipt of AG Opinion(12/22/2022). 30Exhibit 9:Notification of AG Opinion from County Attorney Received(01/06/2023). July 2024 I Page 8 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 15 of 84 PagelD 139 31. On January 10, 2023, an email was sent to the Elections office to arraign the retrieval of the requested election records.31 32. On January 12, 2023, the Elections Office responded that they were in the process of digitizing the documents and would need time to complete that process.32 33. On March 8, 2023, Register of Ballots forms were received approximately six months from when the initial PIR was submitted for the precinct election records.33 34. To account for all ballots received for each polling location on election day, the presiding judge shall prepare a ballot register. The ballot register must state the total number of ballots received,the number of defectively printed ballots received, the number of ballots provided to voters as indicated by the poll list, number of spoiled ballots, and the number of unused ballots.34 35. The 2020 General Election records received by Collin County are organized and tabulated in an excel spreadsheet to reconcile used and unused ballots against the total ballots issued for each polling place. Only (31) Register of Ballots forms were received for the 2020 General Election, leaving 71 missing.35 36. On July 12, 2023, a request was made to the Collin County Elections Office for the missing election records required for retention to account for all polling locations.36 37. On July 13, 2023, Collin County responded they did not have the missing documents and were not certain if they were missing during the SOS Forensic Audit or if the polling location never filled them out.37 38. The Collin County Election Administrator is the custodian of information, data and records of Collin County elections, including without limitation, as a Department Head, the agent for the officer of public information related to elections, pursuant to Title 5 Chapter 552 of the Texas Government Code. 39. Pursuant to § 552.203(2) of the Code, Collin County Election Administrator is required to "carefully protect public information from deterioration, alteration, mutilation, loss, or unlawful removal." Further, willful destruction or alteration of public information may constitute a misdemeanor offence pursuant to § 552.351 of the Code. 31Exhibit 10:Arranging to Retrieve Public Records Requested(01/10/2023). 'Exhibit 11:Notification from Elections Office of Digitizing Documents(01/12/2023). 33Exhibit 12:Records received 6 months from initial PIR(03/08/2023). 34Texas Election Code§66.026. 35Exhibit 13: Election Day Ballot Register Reconciliation(11/03/2020),based upon all information received under the TPIA. 36Exhibit 14:Request to Elections Office for Missing Records(07/12/2023). 'Exhibit 15:Elections Office Responds with No Additional Records(07/13/2023). July 2024 I Page 9 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 16 of 84 PagelD 140 40. Each election from November 2020 through November 2023 was compiled and analyzed. The data resulted in an index chart. Based on this information, 78,341 ballots are unaccounted for (20.06%) and only 42.37% of the polling locations reconciled during that timeframe.38 A legend which explains how to read the spreadsheet was created.39 PROBLEMS AND ISSUES PRESENTED WITH CERTIFICATION OF ELECTIONS Each Election from November 2020 through November 202340 has an accompanying spreadsheet and the certifying documents. A different legend was created to interpret this spreadsheet4l. November 2020 General Election Canvass Certification and Acceptance of Precinct Returns42 • On November 3, 2020, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2020 election. The document was incorrectly dated November 10,2018. • The canvassing certification document states of November 3, 2020, "I Bruce Sherbet, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."43 • In accordance with Texas Local Government Code section 67.002, the Collin County Commissioners Court accepted the canvass results of the November 3,2020 elections on Wednesday,November 11,2020, under court order 2020-113 6-11-11.44 • The election records were certified for the Collin County Commissioners Court, but based on the information received, those records were incomplete, or not calculated. May 2021 Joint Election Canvass Certification and Acceptance of Precinct Returns45 • On May 7, 2021, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2021 Joint election. 38Exhibit 16:Index-Available Election Data& Ballot Reconciliation(06/07/2024),based upon all information received under the TPIA. "Exhibit 17:Register of Ballots Reconciliation Summary Legend. 40With the exceptions of the 2022 Primary and Primary Runoff Elections. 41Exhibit 18:Election Day Ballot Reconciliation Report Legend. "Exhibit 13: Election Dav Ballot Register Reconciliation(11/03/2020),based upon all information received under the TPIA. 'Exhibit 19:Canvass Certification 2020 General(11/03/2020). "Exhibit 20:Court Order Canvass(I I/I 1/2020). 45Exhibit 21: Election Day Ballot Register Reconciliation(05/01/2021),based upon all information received under the TPIA. July 2024 I Page 10 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 17 of 84 PagelD 141 • The canvassing certification document states of May 1, 2021,"I Bruce Sherbet,the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."46 • In accordance with Texas Local Government Code section 67.002,the City of Frisco accepted the canvass results of the May 1, 2021 elections on Monday, May 10, 2021, under city ordinance 2021-05-34.47 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. June 2021 Joint Election Canvass Certification and Acceptance of Precinct Returns48 • On June 11, 2021, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2021 election. • The canvassing certification document states of June 5, 2021, "I Bruce Sherbet,the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."49 • In accordance with Texas Local Government Code section 67.002,the City of Frisco accepted the canvass results of the June 5, 2021 elections on Monday, June 14, 2021, under city ordinance 2021-06-39.50 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. November 2021 General Election Canvass Certification and Acceptance of Precinct Returns51 • On November 15, 2021, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2021 election. 46Exhibit 22:Canvassing Document(05/2021). 47Exhibit 23:City of Frisco Accepted the Canvass Results(05/10/2021). 48Exhibit 24: Election Day Ballot Register Reconciliation(06/05/2021),based upon all information received under the TPIA. "Exhibit 25:Canvass Certificate for the City of Frisco General Runoff'Election(06/2021). 50Exhibit 26:Frisco Ordinance(06/2021). 51Exhibit 27: Election Day Ballot Register Reconciliation(11/02/2021),based upon all information received under the TPIA. July 2024 I Page 11 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 18 of 84 PagelD 142 • The canvassing certification document states of November 2, 2021, "I Bruce Sherbet, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."52 • In accordance with Texas Local Government Code section 67.002, the Collin County Commissioners Court accepted the canvass results of the November 2, 2021 elections on Monday, November 15, 2021, under court order 2021-1170-11-15.53 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. January 2022 City of McKinney Special Election Canvass Certification and Acceptance of Precinct Returns' • On January 21, 2022, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2022 election. • The canvassing certification document states of January 15, 2022, "I Bruce Sherbet, the undersigned Elections Administrator of Collin County, do hereby certify that I have made actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."55 • In accordance with Texas Local Government Code section 67.002, the City of McKinney accepted the canvass results of the January 15, 2022 elections on Tuesday, January 25, 2022, under city ordinance 2022-01-019.56 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. January 2022 City of Frisco Special Election Canvass Certification and Acceptance of Precinct Returns57 • On February 7, 2022, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2022 election. 52Exhibit 28:Canvassing Certification(11/2021). 53Exhibit 29:Court Order(1 1/15/2021). 54Exhibit 30: Election Day Ballot Register Reconciliation(01/15/2022),based upon all information received under the TPIA. 'Exhibit 31:McKinney Special Canvassing Document(01/2022). 'Exhibit 32:McKinney Ordinance Unsigned(01/2022)and Exhibit 33: McKinney Minutes with Discussion of Ordinance(01/2022).The ordinance on the city website was not signed,so we included the Minutes for the City Council Meeting. 57Exhibit 34: Election Dav Ballot Register Reconciliation(01/29/2022),based upon all information received under the TPIA. July 2024 I Page 12 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 19 of 84 PagelD 143 • The canvassing certification document states of January 29, 2022, "I Bruce Sherbet, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."58 • In accordance with Texas Local Government Code section 67.002,the City of Frisco accepted the canvass results of the January 29, 2021 elections on Tuesday, February 8, 2022, under city ordinance 2022-02- 04.59 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. March 2022 City of Frisco Special Runoff Election Canvass Certification and Acceptance of Precinct Returns6o • On April 4, 2022, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2022 election. • The canvassing certification document states of March 26, 2022, "I Bruce Sherbet, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."61 • In accordance with Texas Local Government Code section 67.002,the City of Frisco accepted the canvass results of the March 26, 2022 elections on Tuesday, April 5, 2022, under city ordinance 2022-04-18.62 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. May 2022 Joint Election Canvass Certification and Acceptance of Precinct Returns63 • On May 16, 2022, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2022 election. 58Exhibit 35:Canvassing Document(01/2022). 59Exhibit 36:Frisco Ordinance(02/04/2022). 60Exhibit 37: Election Day Ballot Register Reconciliation(03/26/2022),based upon all information received under the TPIA. 61Exhibit 38: Frisco Special Runoff Canvassing Document(03/2022). 'Exhibit 39:Frisco Ordinance(04/18/2022). 63Exhibit 40:Election Day Ballot Register Reconciliation(05/07/2022),based upon all information received under the TPIA. July 2024 I Page 13 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 20 of 84 PagelD 144 • The canvassing certification document states of May 7,2022,"I Bruce Sherbet,the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."64 • In accordance with Texas Local Government Code section 67.002, the City of Melissa accepted the canvass results of the May 7, 2022 elections on Tuesday, May 17, 2022, under city ordinance 2022-44.65 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. November 2022 General Election Canvass Certification and Acceptance of Precinct Returns66 • On November 21, 2022, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2022 election. • The canvassing certification document states of November 8, 2022, "I Bruce Sherbet, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."67 • In accordance with Texas Local Government Code section 67.002, the Collin County Commissioners Court accepted the canvass results of the November 8, 2022 elections on Monday, November 21, 2022, under court order 2022-1269-11-21. This order included an error on the day of the week.68 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. May 2023 Joint Election Canvass Certification and Acceptance of Precinct Returns69 • On May 15, 2023, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2023 election. 64Exhibit 41:Canvassing Document(05/2022). 'Exhibit 42:Special City Council Agenda Packet Ordinance and Certificate(05/17/2022).Note:The minutes and ordinance from the website were not signed. 66Exhibit 43: Election Day Ballot Register Reconciliation(11/08/2023),based upon all information received under the TPIA. 67Exhibit 44:Notice of Canvass Certification(1 1/08/22). 68Exhibit 45:Court Order(1 1/2022). 69Exhibit 46: Election Day Ballot Register Reconciliation(05/06/2023),based upon all information received under the TPIA. July 2024 I Page 14 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 21 of 84 PagelD 145 • The canvassing certification document states of May 6, 2023,"I Bruce Sherbet,the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."70 • In accordance with Texas Local Government Code section 67.002,the City of Frisco accepted the canvass results of the May 6, 2023, elections on Tuesday, May 16, 2023, under city ordinance 2023-05-27.71 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. November 2023 General Election Canvass Certification and Acceptance of Precinct Returns72 • On November 14, 2023, the Collin County Elections Administrator Bruce Sherbet signed a canvassing certification document for the 2023 election. • The canvassing certification document states of November 7, 2023, "I Bruce Sherbet, the undersigned Elections Administrator of Collin County, do hereby certify that I have made an actual check and comparison of all the ballots tabulated as voted with the Return Sheets, and the unused ballots as recorded on the Register of Official Ballots."73 • In accordance with Texas Local Government Code section 67.002, the Collin County Commissioners Court accepted the canvass results of the November 7, 2023 elections on Monday, November 20, 2023, under court order 2023-1131-11-20. This order included an error on the day of the week.74 • The election day records were certified, but based on the information received, those records were incomplete, or not calculated. 70Exhibit 47:Municipal Canvassing Document(05/2023). 71Exhibit 48: Frisco Municipal Ordinance(05/27/2023). 'Exhibit 49: Election Day Ballot Register Reconciliation(11/07/2023),based upon all information received under the TPIA. 'Exhibit 50:Canvassing Certification(11/07/2023). 74Exhibit 51:Court Order(11/2023). July 2024 I Page 15 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 22 of 84 PagelD 146 OPINIONS AND SOLUTIONS75 A. Compliance With Receipt, Certification, and Retention of Election Records. The data collected and complied in this report uncovered a disturbing trend that multiple elections were certified based on incomplete records that should have been considered election records, retained and available under the 22-month retention schedule and thereafter in some circumstances. The administration of elections requires that the custodian of records carefully protect public information from deterioration, alteration, mutilation, loss, or unlawful removal. This includes election information to ensure data and records of Collin County elections are gathered and available for inspection by the public. The Elections Administrator is delegated governmental duties and responsibilities that are reserved for elected officials. This included duties and responsibilities traditionally assigned to the county clerk, including preparing a proposed schedule of polling places and times for approval by the county commissioners court,hiring and training poll workers, allocating voting equipment to ensure adequate coverage for all polling places, and overseeing the conduct of the election and the canvassing of election results, among others. Title 14 of the Election Code establishes procedures for an election contest.76 In such proceedings, the relevant tribunal hearing the contest must ascertain whether the outcome of the election is inaccurate due to "an election officer or other person officially involved in the administration of the election: (A) prevent[ing] eligible voters from voting; (B)fail[ing] to count legal votes; or(C) engag[ing] in other fraud or illegal conduct[.]t77 If the tribunal "cannot ascertain the true outcome of the election," it "shall declare the election void" and order a new election.78 To this point, the certification of elections that includes inaccurate or incomplete information in election records poses legal and financial risk to Collin County should an election contest be initiated. B. Compliance with the Texas Public Information Act The Texas Legislature has charged the Attorney General with maintaining "uniformity in the application, operation, and interpretation" of the Public Information Act. Tex. Gov't Code § 552.011. The Attorney General has an interest in maintaining a uniform application of the Public Information Act and in obtaining compliance with his open records decisions. During the course of this investigation, a series of PIA requests were made starting on August 23, 2022, for information about Collin County elections.79 Collin County has responded to some requests but not all. They have sought Attorney General opinions on whether some requested information falls under PIA exceptions. 75Based upon information received. 76Id.at Texas Election Code§221.001-243.013. 77Id at Texas Election Code§221.003(a). 78Id.at Texas Election Code§221.012(b);see also Id.at§221.0I 4(a)(allocating costs of a new election ordered by a tribunal). 79Exhibit 21:Election Day Ballot Register Reconciliation. July 2024 I Page 16 of 29 CICITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 23 of 84 PagelD 147 Missing documents present litigation risk to Collin County. The apparent lack of election record retention requires additional oversight, transparency, and accountability. C. Return to Elections Officials Elected by the Voters by Elimination of the Position of Collin County Elections Administrator The seemingly systemic failures and deficiencies uncovered by this investigative report make clear that the current structure of election administration is in need of fundamental reform. The Elections Administrator, an appointed bureaucrat with minimal accountability to the electorate, has presided over a period of what appears to be mismanagement and negligence that has shattered public confidence in the integrity of our elections. To restore faith in our democratic processes and ensure that the will of the people is respected,we believe bold action is required. Namely, the appointed position of Elections Administrator should be eliminated entirely, with its duties and responsibilities transferred back to elected officials who are directly accountable to the citizens they serve. Under the Texas Election Code, elections can be conducted by either the County Clerk or the County Tax Assessor-Collector,both of whom are duly elected by the people.These officials,who must face the voters every four years, have a much greater incentive to carry out their critical duties with the utmost professionalism,transparency and fidelity to the law. Eliminating the unelected intermediary of an Elections Administrator will cut out an unnecessary layer of bureaucracy and help ensure that any improprieties or failures in the administration of elections can be dealt with swiftly and decisively at the ballot box. The voters of Collin County deserve the ability to hold their election officials directly accountable. To facilitate this important reform and realign election duties with elected offices, we propose the following steps: 1. The Collin County Commissioners Court should move expediently to dissolve the position of Elections Administrator and transfer all election responsibilities to the County Clerk and Tax Assessor-Collector. 2. A transition plan should be developed to ensure the smooth transfer of duties, records and institutional knowledge between offices. During the transition,the County Clerk and Tax Assessor should work to identify and rectify the deficiencies noted in this report. 3. To bolster transparency and accountability, election policies and procedures should be reviewed to incorporate additional checks and balances,including regular audits of election records and vote counts overseen by the Commissioners Court and/or citizen review panels. July 2024 I Page 17 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 24 of 84 PagelD 148 4. The County Clerk and Tax Assessor should commit to making election integrity their highest priority and to operating in a manner that is transparent, communicative and responsive to the concerns of the citizenry. By eliminating the Elections Administrator and vesting authority in accountable elected offices,the county will send a strong signal that the integrity of the ballot box is paramount and that the people's interests must always come before the entrenched interests of any unelected bureaucrat. D. If the Election Administrator Position Remains, Utilize the County Election Commission for Appropriate Oversight The findings of this investigative report highlight seemingly significant deficiencies, errors, and concerning activities related to the administration of elections in Collin County. The failure to properly complete, gather, and retain critical election records such as the Register of Ballots forms, as well as the certification of incomplete election records by the Elections Administrator, have eroded public trust and confidence in the accuracy and integrity of Collin County's election outcomes. To address these serious issues and restore faith in the elections process, further investigation and corrective action is warranted. The Collin County Election Commission, which is responsible for appointing and overseeing the Elections Administrator, must exercise its statutory authority to provide greater scrutiny and accountability. We recommend that the Election Commission take the following steps: 1. Convene regular open meetings to review the Elections Administrator's compliance with all applicable laws,rules and procedures related to the proper administration of elections. This should include a thorough examination of practices around ballot accounting, election record retention, and the certification process. 2. Solicit public comment and input to gain a fuller understanding of citizen concerns around election irregularities and transparency. The right of citizens to have confidence in free and fair elections is fundamental and must be protected. 3. Work with the Elections Administrator to identify root causes of the problems identified in this report and develop concrete plans to address deficiencies and implement any needed policy, process or personnel changes. 4. Provide a public report of findings and corrective actions to promote transparency and accountability to the citizens of Collin County. The proper functioning of our democracy depends on election processes that are transparent, accurate and compliant with the law. The Collin County Election Commission has both the authority and the responsibility to ensure effective oversight of election administration in the county. Taking prompt action July 2024 I Page 18 of 29 ICI CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 25 of 84 PagelD 149 to investigate and rectify the issues raised in this report must be a top priority to restore public trust and prevent further erosion of our most fundamental right as citizens. E. Conduct an Investigation into the Facts Presented and Determine Accountability for Any Negligent Administration of Elections It is incumbent upon the Collin County Commissioners Court, as the primary governing body charged with overseeing the operations of county government,to thoroughly investigate the facts presented herein and determine the extent to which the Elections Administrator and/or other county personnel may be culpable for negligent or improper administration of duties. We specifically call on the Commissioners Court to: a. Undertake a comprehensive audit of the Elections Department's practices related to ballot reconciliation and chain of custody, records retention, and the reconciliation and certification of vote totals and election results. b. Interview all relevant county staff,poll workers and other witnesses to ascertain how and why the required election protocols and statutes were circumvented. c. Consult with legal counsel to determine if any laws were violated and whether the infractions rise to the level of civil or criminal offenses that should be referred to the District Attorney or Attorney General. d. Based on the findings,remove and replace any personnel found to be responsible for the negligent administration of election duties, including the Elections Administrator if deemed appropriate. e. Develop and implement a remedial plan and additional oversight to ensure that the proper procedures are followed and records maintained for all future elections in the county. Transparent, secure and accurate elections are the bedrock of our representative government. When the public servants entrusted with administering this most fundamental democratic process violate that trust through negligence or malfeasance, they must be held accountable. The people of Collin County deserve no less. We urge the Commissioners Court to exercise its oversight authority to fully investigate this matter, restore regulatory compliance and integrity to the county's election operations, and take appropriate actions to rebuild public confidence in the sanctity of our elections. July 2024 I Page 19 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 26 of 84 PagelD 150 CONCLUSION The findings of this investigative report expose a troubling pattern of potential mismanagement, negligence, and malfeasance in the administration of elections in Collin County. The failure to properly maintain and retain essential election records, including key documents like the Register of Ballots forms, represents an alarming breach of both legal obligations and public trust. Even more concerning, the certification of incomplete and inaccurate election results by the County Elections Administrator, as detailed herein, raises serious questions about the integrity and credibility of the electoral process. These deficiencies and irregularities are unacceptable. Free and fair elections are the bedrock of our representative democracy, and the citizens of Collin County deserve to have the utmost confidence that their sacred right to vote is being protected and respected. The systemic issues uncovered by this investigation underscore the urgent need for meaningful reform, greater transparency, and stronger oversight of the county's election operations. To that end, we believe a multi-faceted approach is warranted. First and foremost, the Collin County Commissioners Court, as the governing body ultimately responsible for the conduct of elections, must launch a thorough investigation into the specific lapses and potential wrongdoing identified in this report. All relevant county personnel, including the Elections Administrator, should be held accountable for any failures to properly discharge their duties under the law. Furthermore, to restore public trust and prevent such failures from recurring in the future, serious consideration should be given to fundamentally reforming the structure of election administration in Collin County. Namely, we believe the appointed, and largely unaccountable, position of Elections Administrator should be eliminated, with its responsibilities transferred back to the elected offices of the County Clerk and Tax Assessor-Collector, in accordance with the Texas Election Code. By placing election duties back under the purview of officials directly accountable to the people, the county can strengthen democratic oversight and better ensure that the integrity of the ballot box is protected. In addition to these structural reforms,the county should act to strengthen accountability and transparency around election procedures. This should include implementing more robust systems for tracking and preserving election records, with regular audits and oversight by the Commissioner's Court and citizen review panels. The Secretary of State's office should also be engaged to provide additional guidance and support in bringing the county's electoral processes into full compliance with all applicable laws and regulations. The integrity of our elections is far too important to be left to chance or human error. The deficiencies and failings documented in this report must be addressed forcefully and without delay. The people of Collin County deserve elections that are transparent,trustworthy, and fully compliant with the law. It is now up to county leaders to take decisive action to investigate these issues. July 2024 I Page 20 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 27 of 84 PagelD 151 RELEVANT LEGAL AUTHORITIES GLOSSARY OF RELEVANT ELECTION TERMS80 Automatic Tabulating Equipment: Equipment, other than a voting machine,that compiles vote totals by ballot sorting, ballot reading,ballot scanning, or electronic data processing. Ballot: Either in paper form or electronic, the mechanism for voters to show their vote preferences. Ballot Box Nos. 1,2, 3, & 4: A ballot box is a container for ballots that can be locked(double-locked in case of a ballot box used for early voting by personal appearance) and sealed. Ballot boxes no. 1 and no. 2 are used for the deposit of voters' marked ballots; ballot box no. 3 is used for delivering the voted ballots to their custodian after they are counted and for storing the voted ballots during the preservation period; and ballot box no. 4 is used for delivering defectively printed, spoiled, and unused ballots to their custodian after the election. Ballot boxes no. 1 and no. 2 must each have a slot in the top just large enough to receive a ballot. Ballot boxes no. 3 and no. 4 are not required to have a slot, but if a slot is provided, it may not be larger than that prescribed for boxes no. 1 and no. 2. Branch Early Voting Location: Either Permanent or Temporary — a location other than the main early voting site where voters can vote early by personal appearance. Canvass: The procedure performed by the governing body of the political subdivision whereby the election results become official. At the time set for convening the canvassing authority for the local canvass,the presiding officer of the canvassing authority shall deliver the sealed precinct returns to the authority. The authority shall open the returns for each precinct and prepare a tabulation stating for each candidate and for and against each measure the total number of votes received in each precinct and the sum of those precinct totals (the tabulation must also show the total number of voters who cast a ballot). Two members of the authority constitute a quorum for purposes of canvassing an election. Central Counting Station: A centralized location at which ballots cast during the election are tabulated and election reports generated based on those tabulations. The authority adopting an electronic voting system for use in an election may establish one or more central counting stations for counting the ballots if the voting system is designed to have ballots counted at a central location. Certificate of Election: After the completion of a canvass,the presiding officer of the local canvassing authority shall prepare a certificate of election for each candidate who is elected to an office for which the official result is determined by that authority's canvass. A certificate of election is then issued to each winning candidate. Combination Form: A form used at the polling place during early voting and election day that combines multiple functions and requirements into a single form. For example, the form contains the poll list and signature roster, space for election workers to add the name and address of a voter's assistant, and notations that a voter is voting provisionally, is not on the list of registered voters, or has a similar name issue. The form also includes the "similar name" and "voter not on list" affidavits to be initialed by voters. The form has multiple carbon copy layers, with one copy each going into Envelopes 2, 3, and 4, and one copy in with ballot box#3. 80Unless otherwise noted,references are primarily reproduced from the Texas Secretary of State Website,available at:Glossary of Elections Terminology. July 2024 I Page 21 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 28 of 84 PagelD 152 County Clerk: Administers elections at the county level, unless that county has an Elections Administrator. County Election Commission: The group that appoints,monitors, and may fire a county Elections Administrator (EA). Board membership is composed of the county judge, county clerk, county tax assessor-collector, and the county chair of each political party. Given the role of the board, the county clerk is not replaced by the EA once an EA is appointed (unlike with the County Election Board). County Election Precinct: The county commissioner's court divides all territory of the county into county election precincts; each precinct must not contain territory from more than one county commissioner's precinct, justice precinct, congressional district, state representative district, state senatorial district, or state board of education district. The precincts must be compact and contiguous. A voter is registered in the county election precinct that contains the voter's residence address. In elections other that the general election for state and county officers, and with certain limitations, county election precincts may be combined or consolidated so that multiple precincts vote at a single polling location. Countywide Polling Place Program: Also referred to as Vote Centers. A polling place system in which the county election precinct polling places are eliminated and instead any registered voter eligible to vote in the county-run election may vote at any polling place open on election day; similar to the way an early voting polling place is used. A county must meet the following minimum requirements: (1) exclusive use of direct recording electronic (DRE)voting systems at all polling places; (2) implementation of a computerized voter registration list that allows instantaneous verification that a voter has not already voted at another polling place; and (3) if the county has not participated in one of the previous countywide election precinct programs, it must hold a public hearing to inform and solicit opinions from voters, minority organizations, and other interested parties. For an election held in the first year in which the county holds an election under the program, the total number of countywide polling places may not be less than 65%of the number of precinct polling places that would otherwise have been used in the last equivalent election. For subsequent elections, this number drops to 50%. Custodian of Election Records: The individual responsible for maintaining for the required retention period the records from an election. In an election ordered by the governor, a county authority, or the primary election, this is the county clerk/elections administrator. For a city, it is the city secretary; for all other elections, it is the secretary of the political subdivision's governing body (or if no secretary, then to governing body's presiding officer). Duplicate Ballot: A ballot substituted for a damaged or partially invalid optical scan ballot; each duplicate ballot must be clearly labeled"duplicate" and must bear the serial number of the original ballot. Elections Administrator (EA): An appointed official who performs the election duties of the county clerk and the voter registrar. Election Clerk:Individuals appointed by the presiding judge to assist in running the election.The presiding judge shall designate the working hours of and assign the duties to be performed by the election clerks serving under the judge. Election(Day)Precinct: The phrase commonly used to refer to the area served on election day by a single polling place. It could be,a single county election precinct, combined county election precincts, or consolidated county July 2024 I Page 22 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 29 of 84 PagelD 153 election precincts (counties); or the precincts created by a local authority (May elections). Contrast "county election precinct." Election Judge: Also, "Presiding Election Judge" or"Presiding Judge." The presiding judge is in charge of and responsible for the management and conduct of the election at the polling place of the election precinct that the judge serves. Electronic Voting System: A voting system in which the ballots are automatically counted and the results automatically tabulated by use of electronically operated apparatus; i.e., a method of voting using either optical scan ballots (which are counted either at the precinct using a precinct ballot counter or at the central counting station using tabulator machines) or Direct Recording Electronic voting machines. Envelope Nos. 1, 2, 3 & 4: Four envelopes shall be furnished to each polling place for use in assembling and distributing the precinct election records; the envelopes shall be labeled and addressed as follows: (1) "Envelope No. 1," addressed to the presiding officer of the local canvassing authority; (2) "Envelope No. 2," addressed to the general custodian of election records; (3) "Envelope No. 3," addressed to the presiding judge; and (4) "Envelope No. 4," addressed to the voter registrar. Envelope No. 1 must contain: (1)the original of the election returns for the precinct and result(s)taps,if applicable; and(2)a tally list(for paper ballots counted at the precinct only).Envelope No. 2 must contain:(1)printout of result(s)tapes; (2)a copy of the precinct returns,if applicable; (3) a tally list (for paper ballots counted at the precinct only); (4) the original of the poll list (or combination form); (5) the signature roster; (6)the precinct early voting list; (7) any affidavits completed at the polling place except affidavits required to be placed in envelope no. 4; (7) any Reasonable Impediment Declarations; (8) any certificates of appointment of watchers; (9) original copy of Statement of Compensation and Oaths (in some circumstances); (9) notice of the number of voters who voted during the day; (10) notice of improper delivery; (11)oaths of election officers; (12)oaths of assistance and oaths of interpreters,and(13)list of provisional voters. Envelope No. 3 must contain: (1)printout of result(s)tapes; (2) a copy of the precinct returns, if applicable; (3) a copy of the poll list (or combination form); (3) a copy of the ballot register; (4) a copy of the ballot and seal certificate; and (5) a copy of the Statement of Compensation and Oaths. Envelope No. 4 must contain: (1) the precinct list of registered voters and supplemental list, if any; (2) the registration correction list, if any; (3) any Statements of Residence; and (4) copy of Combination Form, if used instead of individual affidavits. Note, provisional ballot affidavits/envelopes should not be put in envelope No.4 but should be kept in a secured location while at the polling place and being transferred to the central counting station or voter registrar. Final Canvass (see also, Canvass): The canvass from which the official result of an election is determined. General Election: As used when applied to political subdivisions other than counties, the regularly-scheduled election to fill the full terms of a political subdivision's governing body; held on a uniform election date (second Saturday on May or first Tuesday after first Monday in November). General Election for State and County Officers: The general election at which officers of the federal, state, and county governments are elected; held on the first Tuesday after the first Monday on November of each even- numbered year. Governing Body: The term used to describe the group of individuals elected to formulate the policy and direct the affairs of a political subdivision. Examples include a city council, school board, water district board of directors, etc. July 2024 I Page 23 of 29 BCITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 30 of 84 PagelD 154 Local Canvass: The canvass of the precinct election returns. Official Ballot: The vote in an election is by official ballot. If an official ballot is unavailable at a polling place, the presiding election judge shall provide an emergency or other ballot allowed by law. Polling Place: The room or building in which voting is being conducted. The governing body of each political subdivision authorized to hold elections shall designate the location of the polling place for each of its election precincts; all polling places used in Texas must be accessible to voters with disabilities. Poll Watcher: A person appointed by a candidate or political action committee to observe the conduct of an election on behalf of a candidate, a political party, or the proponents or opponents of a measure. Primary Election: An election held by a political party under Chapter 172 of the Texas Election Code to select its nominees for public office,and,unless the context indicates otherwise,the term includes a presidential primary election. The winning candidates from each party will later go up against each other in the general election. A primary may be either "open" — allowing any registered voter in a state to vote for a candidate to represent a political party, or "closed" — allowing only registered voters who belong to a particular political party to vote for a candidate from that party. Texas has an open primary, but voters affiliate with a political party by voting in that parry's primary. Retention Period: Generally speaking,the precinct election records must be preserved by the authority to whom they are distributed for at least 22 months after election day. Some records, including the local election register, are kept permanently. Tabulation: The action of creating a chart or table showing the votes cast in a given precinct for the candidates and for or against propositions voted on in that precinct; also the table showing the results from each precinct for each candidate and for and against each proposition in the political subdivision as a whole. Also refers to the process of adding up the numbers that are put in the chart or table. Texas Administrative Code: A compilation of all state agency rules in Texas. The rules usually are put in place to clarify conflicting laws or to give procedural guidance on how comply with various aspects of state statutes. There are 16 titles in the TAC. Each title represents a subject category, and related agencies are assigned to the appropriate title. The section of the TAC that contains rules promulgated by the elections division of the SOS is in Title 1, Part 4, Chapter 81. Texas Legislature: The legislature is a bicameral(2 chamber)body composed of a 31-member Senate and a 150- member House of Representatives. The legislature is a lawmaking institution and possesses the traditional legislative power of the purse (to tax, spend, and borrow money for public purposes), and to organize and confer powers on the executive and the judiciary not otherwise provided for or prohibited in the Texas Constitution. The Texas Legislature meets at the Capitol in Austin, Texas. Voting System: A method of casting and processing votes that is designed to function wholly or partly by use of mechanical, electromechanical, or electronic apparatus and includes the procedures for casting and processing votes and the programs, operating manuals, tabulating cards, printouts, and other software necessary for the system's operation. Voting System Ballot: A ballot designed for use with a voting system. July 2024 I Page 24 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 31 of 84 PagelD 155 Voting System Certification: Before a voting system or voting system equipment may be used in an election, the system and a unit of the equipment must be approved by the secretary of state. Voting System Equipment: Any kind of mechanical, electromechanical, or electronic apparatus for use in a voting system. RELEVANT LEGAL AUTHORITIES" Texas Election Code § 1.012: Except as otherwise provided by this code or Chapter 552, Government Code, all election records are public information. anything distributed or received by government under this code; anything required by law to be kept by others for information of government under this code; or a certificate, application, notice, report, or other document or paper issued or received by government under this code. Texas Election Code §§ 12.001, 43.002, 67.007, 83.002: If a Texas county does not create or utilize an election administrator position,the county elections are administered through their elected county clerks and tax assessor- collectors. Texas Election Code § 12.001: The county tax assessor-collector is the voter registrar for the county unless the position of county elections administrator is created, or the county clerk is designated as the voter registrar. In Collin County,the EA is designated as the voter registrar. Texas Election Code § 31.004: (a) The Secretary of State shall assist and advise all election authorities with regard to the application, operation, and interpretation of this code and of the election laws outside of this code. Texas Election Code § 31.031: (a) The commissioners court of a county with a population of 3.5 million or less by written order may create the position of county elections administrator for the county. Texas Election Code § 31.032: (a) The Elections Administrator position is appointed by the County Election Commission, which as a matter of state law consists of the County Judge, the County Clerk, the County Tax Assessor-Collector, and the county chair of each political party that made nominations in the last general election. Texas Election Code § 31.037: An Elections Administrator can be removed in only two ways. First, they may be removed"for good and sufficient cause on the four-fifths vote of the county election commission and approval of that action by a majority vote of the commissioners court." Second,they may be removed by the Secretary of State, but only upon a finding of a "recurring pattern of problems with election administration or voter registration"that has "not [been] rectified or continues to impede the free exercise of a citizen's voting rights"— and even then, only at"the conclusion of administrative oversight of the county elections administrator's office. Texas Election Code §31.043: The county elections administrator shall perform: (1) the duties and functions of the voter registrar; (2)the duties and functions placed on the county clerk by this code; (3)the duties and functions 'References are reproduced from sections of the Texas Election Code,Texas Government Code,and Texas Penal Code. July 2024 I Page 25 of 29 ®CITIZENS OEFEROIHG FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 32 of 84 PagelD 156 relating to elections that are placed on the county clerk by statutes outside this code, subject to Section 31.044; and (4)the duties and functions placed on the administrator under Sections 31.044 and 31.045. Texas Election Code § 31.044: Outlines the division of election-related responsibilities between Texas County Clerks and Elections Administrators. County Clerks handle Commissioners Court meetings, while Election Administrators manage election-specific tasks.Both collaborate,on various election matters as required by statute. Texas Election Code § 31.045: Authorizes the Texas Secretary of State to establish rules clarifying duty allocation between county clerks and elections administrators. Includes procedures for creating, distributing, and implementing these rules, with provisions for emergency rule-making. Texas Election Code § 31.049: A statute prescribing a criminal penalty against the county clerk or the clerk's deputies or other employees for conduct relating to duties or functions transferred to the county elections administrator applies to the administrator or to the administrator's deputies or employees as appropriate. Texas Election Code § 31.129: An election official may be liable to the State of Texas for a civil penalty if(1) the election official is employed by or is an officer of the state or a political subdivision of the state, and (2) violates a provision of the Election Code. Section 31.129 makes clear that "[a] civil penalty ... may include termination of the person's employment and loss of the person's employment benefits. Texas Election Code§65.013: (a)Each presiding judge shall prepare a ballot register as provided by this section. (b) The register must state: (1) the total number of ballots received for conducting voting at the polling place; (2) the number of defectively printed ballots received; (3) the number of ballots provided to voters as indicated by the number of voters on the poll list; (4) the number of spoiled ballots returned by voters; and (5) the number of unused ballots that are not accounted for as defectively printed ballots. (c) The ballot register shall be prepared as an original and one copy, and on completing the register, the presiding judge shall sign each one to certify its accuracy. Texas Election Code § 66.001: The general custodian of election records is: (1)the county clerk of each county wholly or partly situated in the territory covered by the election, for an election ordered by the governor or by a county authority or for a primary election; (2) the city secretary, for an election ordered by a city authority; and (3) the secretary of the political subdivision's governing body or, if the governing body has no secretary, the governing body's presiding officer, for an election ordered by an authority of a political subdivision other than a county or city. Texas Election Code § 66.002: In this chapter, "precinct election records" means the precinct election returns, voted ballots, and other records of an election that are assembled and distributed under this chapter. Texas Election Code § 66.0021: (a) This section applies only to a primary election or the general election for state and county officers. (b) The general custodian of election records for a primary election or the general election for state and county officers shall maintain a list that states the total number of votes cast in each precinct by personal appearance on election day that is available for public inspection not later than the day after election day. (c) Each vote total shall be maintained in a downloadable format approved by the secretary of state and July 2024 I Page 26 of 29 II3CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 33 of 84 PagelD 157 posted on the Internet website of the secretary of state. (d)The secretary of state shall create a system for an early voting clerk for a primary election or the general election for state and county officers to provide the information to the secretary of state for posting on the secretary of state's Internet website under Subsection(c). Texas Election Code § 66.003: (a)Four envelopes shall be furnished to each polling place for use in assembling and distributing the precinct election records. (b) The envelopes shall be labeled and addressed as follows: (1) "Envelope No. 1," addressed to the presiding officer of the local canvassing authority; (2) "Envelope No. 2," addressed to the general custodian of election records; (3) "Envelope No. 3," addressed to the presiding judge; and (4) "Envelope No. 4," addressed to the voter registrar. Texas Election Code § 66.022: Envelope No. 1 contains original election returns for the precinct and a tally list. Texas Election Code § 66.023: Envelope No. 2 contains a copy of precinct returns, tally list, original poll list, signature roster,precinct early voting list, certain affidavits, and watcher appointment certificates. Texas Election Code § 66.024: Envelope No. 3 contains a copy of precinct returns, copy of poll list, and copy of ballot register. Texas Election Code § 66.0241: Envelope No. 4 contains the precinct list of registered voters, registration correction list, statements of residence, and certain affidavits. Texas Election Code § 66.025: Ballot Box No. 3 contains voted ballots, copy of precinct returns, tally list, and copy of poll list (alternative placement for poll list copy if approved by Secretary of State). Texas Election Code § 66.026: Ballot Boc No. 4 contains original ballot register, register of spoiled ballots, spoiled ballots, mail-in ballots returned at polling place, defectively printed ballots, envelopes with cancellation requests and canceled ballots, and other unused ballots. Texas Election Code § 66.051: (a) The presiding judge shall deliver envelope no. 1 in person to the presiding officer of the local canvassing authority. If the presiding officer of the local canvassing authority is unavailable, the envelope shall be delivered to the general custodian of election records who shall then deliver it to the local canvassing authority before the time set for convening the local canvass. (b) The presiding judge shall deliver envelope no. 2, ballot box no. 3, and ballot box no. 4 and its key in person to the general custodian of election records. (c) The presiding judge shall retain envelope no. 3. (d) The presiding judge shall deliver envelope no. 4 in person to the voter registrar. If the voter registrar is unavailable, the envelope shall be delivered to the general custodian of election records, who shall deliver it to the voter registrar on the next regular business day. Texas Election Code § 66.058: Precinct election records shall be preserved by the authority to whom they are distributed for at least 22 months after election day. Texas Election Code§83.002: The county clerk is the early voting clerk for the county in(1)the general election for state and county officers and any other countywide election held at county expense; (2) a primary election; and (3) a special election ordered by the governor. July 2024 I Page 27 of 29 ®CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 34 of 84 PagelD 158 Texas Election Code § 85.007: (a) The election order and the election notice must state: (1) the date that early voting will begin if under Section 85.001(d) the early voting period is to begin later than the prescribed date; (2) the regular dates and hours that voting will be conducted under Section 85.005(b); and (3) the dates and hours that voting on Saturday or Sunday is ordered to be conducted under Section 85.006(a). (b)The early voting clerk shall post notice for each election stating the dates and hours that voting on a Saturday or Sunday is ordered to be conducted under Section 85.006(b). (c) Notice under Subsection (b) shall be posted continuously for at least 72 hours immediately preceding the first hour that the voting to which the notice pertains will be conducted. The notice shall be posted on: (1) the bulletin board used for posting notice of meetings of the commissioners court if the early voting clerk is the county clerk of a county that does not maintain an Internet website, or of the city governing body if the early voting clerk is the city secretary; or(2)the county's Internet website if the early voting clerk is the county clerk of a county that maintains an Internet website. (d)Any notice required under this section must also be posted: (1) on the Internet website of the authority ordering the election, if the authority maintains a website; and (2) for a primary election or the general election for state and county officers, by the secretary of state on the secretary's Internet website. (e) The authority ordering an election shall forward its election notice to the secretary of state in a manner that affords the secretary of state sufficient time to comply with Subsection (d)(2). Texas Election Code § 123.001: Before a voting system can be used in elections, it must be officially adopted by the appropriate authority, which varies depending on the type of election. Once adopted, the system must be used according to the specified terms and relevant laws. The text also specifies which authorities are responsible for different types of elections. Texas Election Code § 127.156: If a discrepancy of more than three exists between the number of ballots recorded on the ballot and seal certificate and the number of ballots cast on the tape containing the ballot tabulation that is produced by the automatic tabulating equipment,the official tabulation of those ballots shall be conducted at a central counting station. Texas Election Code § 221.003: In an election contest, the tribunal examines whether the official outcome is incorrect due to illegal votes or misconduct by election officials, such as preventing eligible voters from voting, failing to count legal votes, or engaging in fraud. The law defines an "illegal vote" as one that cannot be legally counted, and allows for other statutes to expand the scope of inquiry. Texas Election Code§221.012: The tribunal handling an election contest must declare the true outcome if it can be determined. If the true outcome cannot be ascertained,the tribunal is required to declare the election void. Texas Election Code § 221.014: When a tribunal orders a new election due to a contest, expenses are typically paid by the same source as the original election. However,there are specific exceptions for local option elections, cases involving petitioner deposits, and court-ordered primary elections, each with different payment arrangements. July 2024 I Page 28 of 29 13CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 35 of 84 PagelD 159 Texas Election Code§276.018: A person commits an offense if,with the intent to deceive,the person knowingly or intentionally makes a false statement or swears to the truth of a false statement previously made while making an oath, declaration, or affidavit. Texas Election Code § 276.019: A public official or election official may not create, alter, modify, waive, or suspend any election standard, practice, or procedure mandated by law or rule in a manner not expressly authorized by this code. Tex. Gov't Code§552.001(a): An officer for public information of a governmental body shall promptly produce public information for inspection, duplication, or both on application by any person to the officer. In this subsection, "promptly" means as soon as possible under the circumstances, that is, within a reasonable time, without delay. Tex. Gov't Code§32.46: is about Securing Execution of Document by Deception. A person commits an offense if, with intent to defraud or harm any person, he, by deception, causes another to sign or execute any document affecting property or service or the pecuniary interest of any person. Texas Penal Code § 37.02: Perjury. A person commits an offense if, with intent to deceive and with knowledge of the statement 's meaning makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath. Texas Penal Code § 37.10: Tampering with a Governmental Record: A person commits an offense if he:(1) knowingly makes a false entry in, or false alteration of, a governmental record;(2) makes, presents, or uses any record, document,or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;(3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;(4) possesses, sells,or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;(5) makes, presents, or uses a governmental record with knowledge of its falsity. July 2024 I Page 29 of 29 ©CITIZENS DEFENDING FREEDOM Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 36 of 84 PagelD 160 EXHIBIT "D" Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 37 of 84 PagelD 161 To: Christina Adkins,Acting Director of Elections, Texas Secretary of State's Office Elections Division Secretary of State P.O. Box 12060 Austin, Texas 78711-2060 And To: County Judges, Election Administrators, and All Other Recipients of this Declaration of Truth and Petition for a Redress of Grievances Declaration of Truth Regarding Blatant Violations of Voter Privacy and Ballot Secrecy in Counties Participating in the Texas Secretary of State's Countywide Polling Place Program I, Barry Wernick, the undersigned, make this Declaration of Truth of my own free will, as a member of the voting population of the Great State of Texas, and I hereby affirm, under the laws of the United States of America, and of this state, that I am of legal age and of sound mind and hereby attest that the statements, averments and information outlined in this Declaration of Truth are true and correct to the best of my knowledge. This Declaration of Truth is lawful notification to you, and is hereby made and sent to you pursuant to the national Constitution, specifically, the Bill of Rights, in particular, Sections I, IV, V, X, and the Bill of Rights of the Texas Constitution, in particular, Article I, Section I, II, VIII, XXIX, XXX, and pursuant to potential violations of Article 6, Section 2(c) of the Texas Constitution, and requires your written rebuttal to me, in kind, specific to each and every point of the subject matter stated herein, within 10 days, via your own sworn or notarized affidavit using true fact, valid law and evidence to support your rebuttal of the specific subject matter in this Declaration. 1) I was a candidate in the Republican Primary election of March 6, 2024. I requested a recount which began on Tuesday April 2, 2024 at the Dallas County Elections Department located in Dallas County at 1520 Round Table Drive Dallas, Texas 75247. 2) Throughout the recount process, as a candidate on the ballot whose race for HD108 was directly affected by the joint primary election system conducted countywide by the Dallas County Elections Department, I carefully and lawfully observed arid reported on election irregularities. Page 1 of 7 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 38 of 84 Pagel D 162 3) During my observations, I witnessed a series of documents being provided by Dallas County Elections Administrator Heider Garcia and his staff being laid out on each counting table by Recount Supervisor Jennifer Stoddard-Hajdu's appointed recount committee chairs and assistants. 4) These documents included: "Voter Rosters" by location, a "Batch Report by Polling Location" showing how many HD 108 ballots per precinct were contained in each ballot box, and the paper ballots cast at each location. All of these records are now publicly available at the Dallas County Election website (ht-tps://dallascountlrvotes.org) and the Texas Secretary of State website (Welcome to Texas Elections (state.tx.us). 5) Due to this county's participation in the Texas Secretary of State's Countywide Polling Place Program, ballots are no longer required to be cast in-precinct but must still be reported by precinct, even though the ballot may be cast in another precinct within the county of the election being held. This necessitates the creation of a database showing all precincts from which a vote was cast, and.how many votes from each precinct were cast at each polling location. This document is referred to as the "Batch Report by Polling Location" by Dallas County Election Administrator Heider Garcia. This document is printed from the Dallas County Central Election Management Server (EMS) and is accessible by elections department staff as well as any state or private entity who requests the data. 6) The "Voter Roster" is simply the record of every voter who casts a ballot, the location where he casts a ballot, and his assigned voting precinct. 7) Simple visual comparisons of the Voter Roster, the Batch Report by Polling Location, and the paper ballots now publicly available facilitate an improper breach of voter privacy, without the voter's prior knowledge or agreement, via the creation of the "Batch Report by Polling Location" document. 8) Creation of this document allows for any state or private entity to match ballots and ballot selections to voters in polling locations where a voter is the only voter from a precinct to cast a ballot in a particular polling location, or where more than one voter registered in the same house from a certain precinct voted together, i.e. married couples, roommates, caregivers, etc. 9) I witnessed ballot boxes from different polling locations opened and presented alongside "Batch Report by Polling Location" documents and the hand- written "Voter Roster" check-in sheets. I watched the recount committee members pull ballots that could immediately, decisively, certainly determine many voter selections from their very ballot, being that many "Batch Reports Page 2 of 7 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 39 of 84 PagelD 163 by Polling Location" showed one, ten, mid even over 30 voters who were the only voters from their precinct to vote at that polling location. 10) Blocking access to these paper records, which are part of an auditable paper trail mandated federally by the HELP AMERICA VOTE ACT and by State law, does NOT alleviate the severe violations witnessed. No state or private entity should be able to identify a ballot with a voter. To protect the secrecy of the ballot, you must immediately advise to OPT OUT of the Countywide Polling Place Program and return to in-precinct voting, or at the very least, to combined precinct voting, IMMEDIATELY. 11) VOTING SYSTEM STANDARDS of the Help America Vote Act (HAVA) provide for audit capacity requirements per U.S. Code Title 52 Sec. 21081 La) (2). a. In general The voting system shall produce a record with an audit capacity for such system. b. Manual audit capacity i. The voting system shall produce a permanent paper record with a manual audit capacity for such system. ii. The voting system shall provide the voter with an opportunity to change the ballot or correct any error before the permanent paper record is produced. iii. The paper record produced under subparagraph (A)shall be available as an official record for any recount conducted with respect to any election in which the system is used. 12) Texas Government Code Sec. 552.001 POLICY: CONSTRUCTION. a. Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. The provisions of this chapter shall be liberally construed to implement this policy. b. This chapter shall be liberally construed in favor of granting a request for information. Page 3 of 7 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 40 of 84 PagelD 164 13) Texas Election Code Sec. 122.001. VOTING SYSTEM ST -DS. a. A voting system may not be used in an election unless the system: 10. is capable of providing records from which the operation of the voting system may be audited. 14) No in-person voter has been made aware, or been offered a waiver to sign, waiving his right to cast his ballot in secret and free from potential intimidation and exposure. The following Constitutional Law and corresponding state statutes outline the severe violations uncovered in Dallas County and confirmed to be occurring in each of the 96 counties who have opted in to the Texas Secretary of State's Countywide Polling Place Program. 15) Texas State Constitution Article 6. Sec. 2 (c): The privilege of free suffrage shall be protected by laws regulating elections and prohibiting under adequate penalties all undue influence in elections from power, bribery, tumult, or other improper practice. 16) Texas Election Code Sec. 1.0015. LEGISLATIVE INTENT. It is the intent of the legislature that the application of this code and the conduct of elections be uniform and consistent throughout this state to reduce the likelihood of fraud in the conduct of elections,protect the secrecy of the ballot, promote voter access, and ensure that all legally cast ballots are counted. 17) Texas Election Code Sec. 62.0115. PUBLIC NOTICE OF VOTERS' RIGHTS. a. The secretary of state shall adopt rules providing for publicizing voters' rights as prescribed by this section. The rules must require that a notice of those rights be publicized: I. by being posted by an election officer in a prominent location at each polling place; 2. on the Internet website of the secretary of state; 3. through material published by the secretary of state;or 4. in another manner designed to give voters notice of their rights. b. Except as revised by the secretary of state under Subsection (d), the notice must state that a voter has the right to: 1. vote a ballot and view written instructions on how to cast a ballot; 2. vote in secret and free from intimidation; Page 4 of 7 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 41 of 84 PagelD 165 18) Texas Election Code Sec. 62.009. DISARRANGING BALLOTS FOR VOTERS' SELE ON. a. As needed for voting, an election officer shall disarrange a supply of the ballots so that they are in random numerical order. b. The disarranged ballots shall be placed face down on a table in a manner preventing an election officer or other person from ascertaining the number of a ballot selected by a voter. 19) Texas Election Code Sec. 122.001. VOTING SYSTEM ST DS. a. A voting system may not be used in an election unless the system: i. preserves the secrecy of the ballot; 20) This immediate reversal to in-precinct voting must include the EARLY VOTING period as well. 21) Texas Election Code 81.002. APPLICABILITY OF OTHER CODE PROVISIONS. The other titles of this code apply to early voting except provisions that are inconsistent with this title or that cannot feasibly be applied to early voting. 22) All 96 Texas comities approved to participate in the Countywide Polling Place Program are aware of this phenomenon, but not one has alerted its citizens to the concerns outlined in this Declaration of Truth. The Texas Secretary of State and all 96 participating Texas county Elections Departments are aware of this violation and are sitting in violation of their oaths and citizens' rights. 23) The Texas Secretary of State is mandated by law to report on complaints or concerns regarding the Countywide Polling Place Program in Texas Election C de 43,007 COUNTYWIDE POLLING PLACE PROGR Not later than January 1 of each odd-numbered year, the secretary of state shall file a report with the legislature. The report must include any complaints or concerns regarding a specific election that have been filed with the office of the secretary of state before the preparation of the report and any available information about voter turnout and waiting times at the polling places. The report may include the secretary of state's recommendations on the future use of countywide polling places and suggestions for statutory amendment regarding the use of countywide polling places. Page 5 of 1 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 42 of 84 Pagel D 166 Violation of the above stated statutes may facilitate undue influence in Texas Elections, by obfuscating the lawful process and thereby rendering any attempt at an audit totally ineffective.You have taken an oath to support and uphold the Constitutions and are constitutionally mandated to abide by that oath in the performance of your official duties. You have no constitutional authority, or any other form of valid,lawful authority, to oppose, and violate the very documents to which you swore or affirmed your oath and under which you were delegated by the people the limited authority to conduct the duties of your office. The above stated positions are true, factual., lawful, and constitutionally ordained. The issues arising from these violations of State statute are apparent, blatant, and egregious. I attest that the above listed State statutes have been violated, that you are standing in violation of Federal and State Laws, and violations of said statutes are inherently violations of my right to free suffrage, as above-stated election and ethics codes were drafted and codified in order to protect our elections from undue influence as outlined in the Article 6 Section 2(c) of the Texas State Constitution.. A lawful notification has been provided to you stating that if you do not rebut the statements, charges, and averments made in this declaration of truth, then, you tacitly agree with and admit to them. Pursuant to that lawful notification, if you disagree with anything stated under oath in this declaration of truth, then rebut to me that with which you disagree, with particularity, within 10 days of receipt thereof, by means of your own written, notarized declaration of truth, based on specific, true, relevant fact and valid law to support your disagreement, attesting to your rebuttal and. supportive positions, as valid and lawful, under the pains and penalties of perjury under the laws of the United States of America and this Great State of Texas. An unrebutted declaration of truth stands as truth and fact before any court. US v Tweel, 550F2d. 297. "Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading." Your failure to respond, as stipulated, is your tacit agreement with and arlmiAsion to the fact that everything in this declaration of truth is true, correct, legal, lawful, and is your admission attesting to this, fully binding upon you in any court of law in America, without your protest, objection and that of those who represent you, Page 6 of 7 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 43 of 84 PagelD 167 Declarant further sayeth naught. All rights reserved. , -0(< Signed and sworn before me, a Notary Public, BrINI (Merril 1/4. personally appeared before me, and proved to me on the basis of satisfactory evidence to be the man whose name is subscribed herein. In the State of Texas, County of Dallas swear and affirm that on this day, May 16, 2024, the above named declarant, Barry Wernick, personally appeared before me, and of his own free will, sworn and signed before me this Declaration of Truth regarding issues found in the Countywide Polling Place Program of the March 5, 2024 Primary in the Great State of Texas. I swear under PENALTY OF PERJURY under the Laws of the State of Texas that the fore .n aragraph is true and correct. WITNESS my hand and official seal. T tary lic/ at . ,v14,14:44.,, FRANCES ARIANNE V PERALTA NctrYmP.Euxbpliicr'ess 7:12pf.21.0"2693 My Commission Expires: WI/2 ia arZ Seal Notary ID 134011136-1 Page 7 of 7 0 UNITED Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 45 of 84 Pagel=D;1§. vfx* *°�:*; *"• * :°,t SOVEREIGN AMERICANS ,m Texas's 2022 General Election Validity Reconciliation ... .�P„.PA am'"." e x•°r::. .a.,.s.. " °, �■:. «_Ma..w:.... 1;".`.""E,.r1°2",b4%:1"-�,wt req1 rN.a C '^" :. 9 � 1}a:� a°�:„.7 ,a' ✓ a�:s„.,°r`'°. �w �.:. $aw � r E° e L. ' P ti -7r�ROJ;^ Vi. Y.* ;4! :CR PTu10Vr �:. ,..c« �. 9 �.4 +� , , Ya " ' x°°.a:' ' : •wi �-e er9,1;S Rp 4.°PI5-w + a� 2°R " �» R°M �: nm �.�,„' °`^, ° u;0, : yA:' :„ t :��d ..�. °n:fi '5a _?; a""w ° 4. .m. `®: ' -i tio _P,!.. ' C"°L1'.-P A xj: a.vC®e . �" ,i E zTia0N /CiT�N *^tr ® nt_a"P. e, �^W3 + %a r ,Z p° ! .: f ;" " � ""• "'r� aa"„ ° E . mo. c1 + " ° �° - w . :■ Eligible Records appear valid so voters are presumed eligible 16,417,118 7,949,992 to vote. Results can be certified. Uncertain Records contain illogical and/or invalid information, 1,234,740 155,630 so it is uncertain whether voters are eligible to vote. Investigation is required before results can be certified. Ineligible Records appear to violate black letter election laws, 68,874 14,445 so voters are presumed ineligible to vote. Investiga- tion is required before results can be certified. Deadwood* Deadwood in the registration roster for Texas includes 1,388,559 0 all of the cancelled registrations. TOTAL 19,109,291 8,120,067** Total Database Records /Total Votes Counted per official published tallies 19,109,291 8,102,908 DIFFERENCE: (fewer votes counted than number of voters who voted) 0 17,159*** Registration Error Rate 6.8% Vote Error Rate 2.1% Margin of Victory for Nov. 2022 Harris Co. District Judge (534,460 / 534,011) 1.0% Legal Standard of Allowable Error for Mixed Elections**** 0 0008% Unite4Freedom.com * info@Unite4Freedom.com United Sovereign Americans©2024 All Rights Reserved. 08012024 UNITED Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 46 of 84 PagelD 1770 * * .. *,'* * * SOVEREIGN . . .,. . . . AMERICANS __ ......W..w� � " 7:2' :.. Texas's 2022 General Election Validity Reconciliation The measured error rate of the electoral process in Texas, from registration through certification, makes it impossible to legally certify any election in Texas. Whether due to ignorance, arrogance or malice, the error rate simply outstrips the margins of victory. Countless unique investigations were required by law before certification could proceed. Election officials may never be able to prove that those granted the privilege of writing laws for the nation legitimately represented the will of eligible citizen voters. The registration and voting error rates reported here represent minimums. We have ample reason for concern, after two years of careful study, that the actual error rates are higher. 2022 Mixed Elections in which the error rate exceeded the margin of victory: • All races were impacted by this unacceptably high error rate. • The error rate in the 2022 General Election was 8,500 times the legal standard for system accuracy. *"'Deadwood'allows for fraudulent ballots, which can be used to stuff the ballot box."Federal Prosecution of Election Offenses, Eighth Edition, 2017, US Department of Justice Public Integrity Section, Chopter 2 Corruption of the Election Process(B)(5)(a), Richard C. Pilger, ed., p, 28. **The total votes is indicated by the official state record but includes the invalid voting methods that were specified since that is the official record of the state. See Section 2 line 13(unidentified voting method) ***17,159 fewer votes were counted than there were voters who voted. No one knows what happened to these votes, ****"This rate is set at a sufficiently stringent level such that the likelihood of voting system errors affecting the outcome of an election is exceptionally remote even in the closest of elections."Voting System Standards, Volume I:Performance Standards.April, 2002, Federal Election Commission, United States of America. The accuracy requirement of the voting system is predicated on the voter rolls being accurate as required by the National Voter Registration Act, 1993. Source:09/26/23 Texas Secretary of State(SOS) Unite4Freedom.com * info@Unite4Freedom.com United Sovereign Americans©2024 All Rights Reserved. 08012024 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 47 of 84 PagelD 171 EXHIBIT "F" Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 48 of 84 PagelD 172 j. NITED __SOVEREIGN AMERICANS Texas Chapter Texas 2022 General Election validity Scorecard SU PPLEMENTAL DATAAND ANALYSIS Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 49 of 84 PagelD 173 Contents Data Sources 4 Special Statements 5 Statement Concerning Cancelled Voter Registrations 5 Statement Regarding Voter Registration Negligence at State and County Levels 6 Abbreviations Used in this Document 7 Quick Reference 8 Detailed Data Field Documentation 9 ADDR-1 9 ADDR-23 10 ADDR-24 10 ADDR-25 11 ADDR-4A 12 ADDR-4B 12 ADDR-5A 13 ADDR-5B 13 AGE-1 14 AGE-2 15 AGE-3 15 DUP-1 16 DUP-2 17 DUP-3 17 NCOA-1 18 OTH-1 18 OTH-2 19 SUS-1 19 SUS-2 20 VLIST-1 21 VLIST-2 21 VLIST-3-1 22 VL I ST-3-2 22 APPENDIX A: NON-RESPONSIVENESS TO TEXAS AUDITS 23 2020 Audit 23 Were There Any Benefits from the Audit? 23 Voter Count Then and Now 23 Verified Suspended or Cancelled Common Sense 23 The Practical Result of the Audit 24 2022 Audit of Harris County 24 APPENDIX B: AVERAGE AGE OF APPARENT REGISTRATION VIOLATIONS 25 ©2024 United Sovereign Americans, Inc Page 2 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 50 of 84 PagelD 174 How to read this chart 26 One more interest item: OTH-2 invalid voting method 26 Black Letter Law 26 APPENDIX C: FEDERAL LAW TEXT 27 APPENDIX D: TEXAS ELECTION CODE 29 APPENDIX E: TEXAS VOTER REGISTRATION APPLICATION 30 APPENDIX F: VOTING ROSTERS ARE MOVING TARGETS 31 Step One: Download data regularly from the SOS website 31 Step Two: Look for changes between roster snapshots 32 ©2024 United Sovereign Americans, Inc Page 3 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 51 of 84 PagelD 175 Data Sources All of the data sources that were used in performing our analysis have full chain of custody in terms of the download and data conversion. Essentially, four primary sources of data were used in this report: 1. PIR-20230338 —Texas Voter Registration List—from 26 SEPT 2023. a. The file consists of 254 County files with Harris and Dallas spilling into a second file for a total of 256 TXT files. b. The CD was opened forensically, inserted into the drive, copied and MD5 check summed. c. The files were also downloaded from the SOS and verified that the MD5 checksums matched. d. The TXT files were converted to CSV files and imported into a Postgres database named pb2023. e. This data came with a serious price tag and a subsequent complaint to the Texas Attorney General's office was filed to protest the outrageous price for this data. 2. PIR-20230348—Texas Voter History for November 08, 2022 General Election a. This is a 254-county voter history for the 2022 General Election. b. Of importance, it contains all of the information from the voter registration list, but also includes the method of voting. c. Only those who voted in that election are present in this list. d. These files were retrieved from the same CD as the voter list above and the same forensics apply. e. These files were converted to CSV and then imported into a database table called: txg1122. 3. G1122 Official Early Voting and Election Day Rosters from TX SOS Website. a. There is a disclaimer on this page that states that the data on this page originates from county election officials. b. This data is downloaded by running a computer program to gather 34 days of early voting, and one day of election day voting per county. This amounts to the download of 254x35 files which are then aggregated together and stored in the database table vg1122. c. Chain of custody is documented by video, packet capture, MD5 checksums on download, and affidavit of authenticity. 4. NCOA DATA a. The National Change of Address Data ultimately comes through the BCC Software group and from Cause for America as clerical interface: b. The data comes with a DSP Certification and a CASS Certification, and the files have an MD5 checksum prior to delivery to us to ensure validity. c. The data comes as 12 packets of county data in zip files. ©2024 United Sovereign Americans, Inc Page 4 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 52 of 84 . PagelD 176 Special Statements Statement Concerning Cancelled Voter Registrations . In response to a Public Information Request (PIR) the elections office of the Texas Secretary of State (SOS) informed us of the following rules regarding voter registration and cancellation thereof. This is a commentary of state election laws with links to the Texas Election Code (TEC). https://vvww.sos.state.tx.us/elections/vr/index.shtml More than 60 references to the Texas Election Code are in this analysis report. However, the key takeaway is this: if someone were to successfully argue they should not have been cancelled, the remedy is to be REINSTATED — not to be provided with a new registration. Sec. 16.037. REINSTATEMENT OF REGISTRATION. (a) If the registrar determines after cancellation of a registration that the registration should not have been canceled, the registrar shall reinstate it. [emphasis added] Additionally, a PIR was submitted to the SOS and the response indicates that there is no mechanism in the law which allows an election judge to overwrite a CANCELLED status and let a person vote. However, there is a mechanism for a CANCELLED status to be reinstated, and given this fact, we included cancelled voters as potential voters (or deadwood as defined in Department of Justice documents). Note there is also a conflict with Federal law where voting identification numbers must be unique. Please see the DUP-1 details below for a discussion of the same person having different voter IDs —one cancelled and one verified. Given these clarifications from the state, we used two approaches to these cancelled votes: 1. Any person who appears to be on the voter rolls more than once, and where we can show the multiple registrations are likely for the same person —a person who has a CANCELLED VUID and a. VERIFIED VUID —that person's registration was not handled according to federal law. We counted those as two invalid registrations since we cannot be certain if either entry is valid. This is labeled DUP-1 in the discussion below and is presented on line 1 in Sections 1 and 2 on the scorecard. 2. We generally included cancelled voters in the other queries since there is a mechanism to vote and since the extra registration gives an opportunity to make modifications, vote, then modify again to cover up an illegal vote. We are not saying this took place —we are saying that deadwood in the registration is an opportunity for fraud as defined by the DOJ. ©2024 United Sovereign Americans, Inc Page 5 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 53 of 84 PagelD 177 Statement Regarding;Voter Regkistration Negligence atState and.C.ounty Levels. This negligence is highlighted in three areas. 1. APPENDIX A: NON-RESPONSIVENESS TO TEXAS AUDITS Texas Governor Greg Abbott called for an audit of the 2020 elections in four key Texas counties. Part of the findings resulted in a listing of commercial UPS stores where voters claimed to reside. Please see Appendix A for the details. Of the stores identified in the audit, there are still registrations from the same UPS stores on the books a year after that audit was completed. 2. APPENDIX B: AVERAGE AGE OF APPARENT REGISTRATION VIOLATIONS It is one thing to make a mistake. It is another thing to let a mistake fester in the system for many years. The data in Appendix B shows a very telling history of the apparent registration violations. It is bad that we have apparent violations, but what makes it worse is that the violations have been in the system for years. This indicates that the state level and county level voter registrars are not taking their Constitutional, federal, and state laws seriously. 3. APPENDIX F: VOTING ROSTERS ARE MOVING TARGETS The county voting roster is an official document of the state, and yet it is changing over time with insertions and deletions. This is something that needs an explanation. • ©2024 United Sovereign Americans, Inc Page 6 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 54 of 84 PagelD 178 Abbreviations Used in this Document Acronym Definition ADDR Address AGE Age DOJ Department of Justice DUP Duplicate EDR Effective Date of Registration G1122 General Election of November 8, 2022 HAVA Help America Vote Act, 2002 NCOA National Change of Address database NEG Negligence NVRA National Voter Registration Act, 1993 OTH Other PII Personally Identifiable Information PIR Public Information Request SOS Secretary of State SUS Suspicious TEC Texas Election Code USC US Code Voting lists used in this report: • State of Texas Voter Registration list (PIR-20230338) VLIST • Texas Voter History for November 08, 2022 General Election County List (PIR- 20230348) • Official Early voting and Election Day Rosters from the Texas SOS website (G1122) VUID Voter Unique ID ©2024 United Sovereign,Americans, Inc Page 7 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 55 of 84 PagelD 179 Quick Reference Field IDs are hyperlinked to the appropriate table in the next section. Field ID Color Key • Red = Illegal records • Orange = suspicious records Field ID Field Description . Scorecard Scorecard . Section . . Line#E . 1 2 ADDR 1 ¢. Incomplete concise residential address 2 2 1 3 ADDR 23 Suspicious unit number 2 3 ADDR 24` Apartments with no number _ 1 3 2 3 1 3 ADDR-25":: Invalid mailing address 2 3 ADDR 4A, Commercial residential address 1 4 ADDR-4B US Post Office residential address 2 4 ADDR 5A,; Totally blank permanent address 1 5 ADDR-5BF. Address with only a city 2 5 AGE-1; _, Too old to be living 1 7 2 7 AGE-2 . Registered to vote before or on date of birth 1 8 2 8 AGE-3 Registered before allowed age 1 9 2 9 DUP-1 Full duplicates by name and DOB 1 1 2 1 DUP=2 Duplicate VUIDs voted (state roll) 2 11 DUP-3 - Duplicate VUIDs voted county aggregate 2 12 1 6 NCOA No longer living at registered address 1 . 2 6 OTH=1!., s: VUID is zero (from aggregated county rolls) 2 13 `kOTH-2 , Invalid database voting method 2 14 SUS-1 '' Non-alpha characters in names 1 10 2 10 SUS-2 . : Deleted registrations 1 11 VLIST 1 , � Discrepancies between voting lists 2 15 VLIST 2 ` Voting method discrepancies 2 16 ©2024 United Sovereign Americans, Inc Page 8 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 56 of 84 PagelD 180 Detailed Data Field Documentation ADDR-1 Incomplete: Concise Residential Address . Description A valid residential address is a requirement for voter registration. However, Texas very loosely defines what is required for a residential address. If a voter doesn't have a RESIDENTIAL address recognized by the USPS, then the voter must provide a "concise" description of where they live. A Rural Route number is not considered to be a residential address in the State of Texas. These addresses were manually validated since this is an imprecise ruling from the law. Here are some samples of entries that were supposed to be a concise description of a voter's residence: • HWY 71 SULPHUR SPRINGS 75482 I COUNTY: 112 — PRECI • HWY 380 • 4TH ST In these cases, the supposed address identifies a street, but this is not concise since it could be anywhere along the street. Our working definition of"concise description" is that it resolves to a point on the earth, not an area. A voter registration recorded like this does not meet the demands of the law. It is the responsibility of the applicant AND the registrar of voters to adhere to the law, so all of, these types of addresses have been flagged as ILLEGAL. Severity Illegal . Fieice address• is required°by l`aw. If thee "concise address' is.not, ° concise,`then the registration:f.orm=was not`correctly.filled out and we marked; these as illegal. � :_ Location Section 1: Line 2 Section 2: Line 2 Black Letter TEC 13.002 Law Application Required (7) the applicant's residence address or, if the residence has no address, the address at which the applicant receives mail and a concise description of the location of the applicant's residence; What is an insufficient address? https://www.usdlobalmail.com/bloq/usps-insufficient-address/ ©2024 United Sovereign Americans, Inc Page 9 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 57 of 84 PagelD 181 ADDR-23' Suspicious Unit Number Description An address has component parts, and when it is an apartment or other example of a single address with multiple units, then a mailing distinction must be made. When there is a unit type, there needs to be a valid unit number as well, with some exceptions. We looked for unit numbers like these: • "XX„ or"XXX" or WOW • ,,?„ • "_" (underscore) Severity Suspect It is possible that "XXX" right be a real unit number, but it is suspicious Location Section 1: Line 3 (aggregated ADDR-23, 24, & 25 together) Section 2: Line 3 (aggregated ADDR-23, 24, & 25 together) Black Letter APPENDIX E: TEXAS VOTER REGISTRATION APPLICATION Law The registration form specifically requires the apartment number in both residence and mailing address. Malting Address:SirdatMee=arid Aparbreat Nartatt. t msi9 mot tat 4-Mtreat,1 to your a r r ) Discussion These have been marked SUSPECT in case there is a real apartment with a unit number of "XX". However, we generally interpreted "XX" or"XXX" or"XXXX" as incomplete. ADDR-24 Apartments With No Number Description When someone who lives in a multi-family residence registers to vote, an apartment or unit number must be provided for the registration to be legal. Severity "•ILLEGAL aAn apartment number must be Provided for those I wing°in mutt family=::.::, :residences,,or the registration is ill"eg`al Location Section 1: Line 3 (aggregated ADDR-23, 24, & 25 together) Section 2: Line 3 (aggregated ADDR-23, 24, & 25 together) Black Letter APPENDIX E: TEXAS VOTER REGISTRATION APPLICATION Law The registration form specifically requires the apartment number in both residence and mailing address. Residence Address:strun Addreataid Est Ittiattec it we,desalt*lb* u It&AI rat RU.eas,Rts4 RI.a rtotnt, Mailing Add s: Addrads and ArAwitrdnt ©2024 United Sovereign Americans, Inc Page 10 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 58 of 84 PagelD 182 EADDR-25 Invalid Mailing Address Description When a mailing address is provided by the registrant, it needs to be a valid mail-deliverable. address. Severity IFllegEa '° ;. A complete mailing address that is recognized by the USPS must be:entered if it is differentTrom=the residence address Location Section 1: Line 3 (aggregated ADDR-23, 24, & 25 together) Section 2: Line 3 (aggregated ADDR-23, 24, & 25 together) Black Letter APPENDIX E: TEXAS VOTER REGISTRATION APPLICATION Law Note: A valid mailing address is required if mail cannot be delivered to the residential address. Residence Addr is S t A bb and A ►nt*JrnbebiC rare,d: you tMa tco no muleP.0.t30r,atoS gt,cr nusre.6,1 odatas ©2024 United Sovereign Americans, Inc Page 11 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 59 of 84 PagelD 183 AD6R.-4Ai ;Cornrnerciai Resid`en,tial°Address : -_' ; .- - . , AD'DR 4B US Post l Office Residentia Address , . Description A UPS Store, a Post Office box or a commercial mail scanning and forwarding center does not represent where a person actually lives. Severity 'Suspect _ A valid residence address is required by law. The voter registration form , specifically instructs the applicant NOT to use "P.O. Box","Rural'Route" or a "Business address". So typically, we would flag these.as ILLEGAL, however a provision'exists that allows certain`protected classes of people"to register at ° their place of work. This will be a large minority of these results, but we marked these as SUSPECT in deference•to that legal caveat. Location Section 1: Line 4 Section 2: Line 4 Black Letter TEC 13.002 Law Application Required (7) the applicant's residence address or, if the residence has no address, the address at which the applicant receives mail and a - concise description of the location of the applicant's residence; APPENDIX E: TEXAS VOTER REGISTRATION APPLICATION i Residence Addressi at of M sG and cal Mum' uer It eic ree de mite Mere pa;We,01 roc egieg,Re 60e.RIM RI te Uv 1$ ilemrvA Additionally, the formal 2020 Audit listed this as an issue to be resolved. See page 47 in the document accessed by using below. https://www.sos.state.tx.us/elections/fad/2020-Audit-Full.pdf Approach The NCOA data was obtained through the BCC Software group and from Cause for America as the clerical interface. First, using NCOA data we used the codes to find addresses that were Commercial Mail Handling addresses. This list was transferred to an excel spreadsheet and duplicates were manually removed. Then volunteers looked at the google map street view for each and every location to make sure it was a mail handling location. Discussion There is a provision in Texas law where elected officials, law enforcement, or specially protected people such as domestic abuse victims can register at their place of work. It is possible that a UPS store or mail handling facility might have some of these specially handled people, but it is unlikely that this rises to the levels we are seeing. Accordingly, the names in this metric are not classified as illegal —just suspect. Nonetheless, this requires and explanation for each instance from state election officials. ©2024 United Sovereign Americans, Inc Page 12 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 60 of 84 PagelD 184 ADDR-5A. Totally Blank Permanent Address ADDR-5B Address With Only .a City Description A permanent address is required by the registration form, at least a concise description, but totally blank is not allowed. In the second portion (5B) if the residential address does not have a house number or a street name, then a mailing address is required. So, these addresses are all illegal. Severity ,Illegal °` Avalid, legal residence address must exist io orderto knowEif the ap`plicanf °:°°;F• •_•°••°. • ,° .:actuallylives in the junsdiction.in which hey°or she wants.toNote. • •° Location Section 1: Line 5 Section 2: Line 5 Black Letter TEC 13.002. Law Application Required (7) the applicant's residence address or, if the residence has no address, the address at which the applicant receives mail and a concise description of the location of the applicant's residence; APPENDIX E: TEXAS VOTER REGISTRATION APPLICATION EI Residence Addr is it sG artd Apartment thanbec it none,dmritte%tete you Ma Pre net must P,e)ate, st Bey. Attranq ©2024 United Sovereign Americans, Inc Page 13 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 61 of 84 PagelD 185 AGE-1 Too Old To Be Living Description At the time this analysis was completed, the oldest known human residing in the US is Edie Ceccarelli, born Feb. 8, 1908. Anyone older than this is not a valid registration. It might be a record of a person with a mistake or error in the date of birth field, but this is not a valid voter registration. Severity Illegal No one who,claims to be older than 115 years of ages°should be allowed to vote; their registration should not be entered into the voter rolls. Location Section 1: Line 7 Section 2: Line 7 Black Letter TEC 13.001 Law Must be 17 years and 10 months of age (b) To be eligible to apply for registration, a person must, on the date the registration application is submitted to the registrar, be at least 17 years and 10 months of age and satisfy the requirements of Subsection (a) except for age. Title 52 USC Ch. 205: § 20507 Requirements with respect to administration of voter registration. (a) (4) Voting and Elections In the administration of voter registration for elections for Federal office, each State shall: (4) conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the, official lists of eligible voters by reason of (A) the death of the registrant; Discussion The oldest person in the United States was born on 2/8/1908. If a voter on the voter roll shows the birthdate is prior to 2/8/1908, then either the DOB is wrong or the "voter" is almost certainly deceased. Many of the entries that claim the voter is older than 115 years old have been exactly set at 1900-01-01. There are a few reasons as to why this number is present. One is that there was a brief time in Texas law where the birthdate was not a required field. In such a case, it is said that 1900- 01-01 was used as a placeholder in the system. Frankly it does not matter—the data is wrong, it is NOT accurate, and it needs to be fixed. It would be so easy to fix this statewide; it is not a large number. Simply mail a postcard to everyone on this list and ask them to respond and update their registration data. This is the same process used when the state uses the US Postal Service information to identify when a person moves. ©2024 United Sovereign Americans, Inc Page 14 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 62 of 84 PagelD 186 AGE-2 Registered To Vote Before or On Date of Birth Description It is not legally possible to register to vote on or before the date of being born. Severity I Illegal I. The election official should not have allowed these types of registrations to be 1 Jntered into the system. Location Section 1: Line 8 Section 2: Line 8 Black Letter TEC 13.001 Law Must be 17 years and 10 months of age (b) To be eligible to apply for registration, a person must, on the date the registration application is submitted to the registrar, be at least 17 years and 10 months of age and satisfy the requirements of Subsection (a) except for age. Discussion If the effective date of registration is less than or equal to the birthdate, then it is not valid. AGE-3 Registered Before Allowed Age Description It is not legal for someone to register to vote more than two months prior to their 18th birthday. Doing so is illegal. However, it is possible that the person had originally registered illegally, but today they are no longer in violation. Severity ,Suspect Given the above situation we,mark these as suspect since it's not clear if the person is currently illegal Location Section 1: Line 9 Section 2: Line 9 Black Letter TEC 13.001 Law Must be 17 years and 10 months of age (b) To be eligible to apply for registration, a person must, on the date the registration application is submitted to the registrar, be at least 17 years and 10 months of age and satisfy the requirements of Subsection (a) except for age. TEC 13.143 Voter Qualifications and Registration Sec. 13.143. EFFECTIVE DATE OF REGISTRATION;PERIOD OF EFFECTIVENESS. (a) Except as provided by Subsections (b) and (e) , if an applicant's registration application is approved, the registration becomes effective on the 30th day after the date the application is submitted to the registrar or on the date the applicant becomes 18 years of age, whichever is later. (b) A registration is effective for purposes of early voting if it will be effective on election day. (c) A registration is effective until canceled under this code. ©2024 United Sovereign Americans, Inc Page 15 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 63 of 84 PagelD 187 DUP-1 Full Duplicates by Name and DOB Description We searched the roster for an exact match for the first, middle, and last name along with the date of birth looking for duplicate entries. Severity Suspect Duplicates by name and date of birth could possibly catch two people with the same name, especially when names are very common and when middle name is absent. We flag these as suspect due to this uncertainty. The SOS has more details available to determine false positives that are not available to the public. Location Section 1: Line 1 Section 2: Line 1 Black Letter Title 42 Chapter 20 Subchapter I-H Section Sec. 1973gq § (c)(2)(b) Law (2) The voter registration application portion of an application for a State motor vehicle driver's license (B) may require only the minimum amount of information necessary to - (i) prevent duplicate voter registrations; and (ii) enable State election officials to assess the eligibility of the applicant and to administer voter registration and other parts of the election process Title 52 USC Ch. 209 $ 21083 (a) (a) Computerized statewide voter registration list requirements (1) Implementation (A) In general Except as provided in subparagraph (B) , each State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level that contains the name and registration information of every legally registered voter in the State and assigns a unique identifier to each legally registered voter in the State TEC 13.072 Action on Application (in violation of HAVA act) (b) After approval of an application by an applicant who was registered in another county at the time of application, the registrar shall deliver written notice of the applicant's change of residence to the other county's registrar and include in the notice the applicant's name, former residence address, and former registration number, if known. TEC 64.012: Illegal Voting Sec. 64 .012. ILLEGAL VOTING. (a) A person commits an offense if the person knowingly or intentionally: (1) votes or attempts to vote in an election in which the person knows the person is not eligible to vote; (2) votes or attempts to vote more than once in an election; (3) votes or attempts to vote a ballot belonging to another person, or by impersonating another person; ©2024 United Sovereign Americans, Inc Page 16 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 64 of 84 PagelD 188 DUP-2 Duplicate; VUIDs Voted •Description Duplicate voters from the official state voter roll. Severity Suspect These are hard duplicates where a person voted multiple times according to the official state voter roll. Location Section 2: Line 11 Black Letter TEC 64.012 Law Illegal Voting Sec. 64 .012. ILLEGAL VOTING. (a) A person commits an offense if the person knowingly or intentionally: (1) votes or attempts to vote in an election in which the person knows the person is not eligible to vote; (2) votes or attempts to vote more than once in an election; (3) votes or attempts to vote a ballot belonging to another person, or by impersonating another person; Discussion Here is an example of someone we found that appears to be a duplicate registration. The name has been changed to protect PII. 3719423 BRAZOS 21 13 1000797607 FITZ JEMMA 2022-06-06 V AV 3738091 BRAZOS 21 13 1000797607 FITZ JEMMA 2022-06-06 V AV This shows that "Jemma Fitz" apparently voted twice using the same VUID. One would think that the state database would do better than this, but in manually checking the raw data from the state, in fact, this VUID is directly listed twice with vote type of AV. DUP-3 I Duplicate VUIDs Voted County Aggregate _ v Description Duplicate voters from the official aggregated county voter rolls. Severity Suspect Voting more than once in an election is illegal. Location Section 2: Line 12 Black Letter TEC 64.012 Law Illegal Voting Sec. 64 .012. ILLEGAL VOTING. (a) A person commits an offense if the person knowingly or intentionally: (1) votes or attempts to vote in an election in which the person knows the person is not eligible to vote; (2) votes or attempts to vote more than once in an election; (3) votes or attempts to vote a ballot belonging to another person, or by impersonating another person; Discussion This is the same as the DUP-2 but it's using the aggregate voter list (from the counties), see DUP-2 file notes for details. ©2024 United Sovereign Americans, Inc Page 17 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 65 of 84 PagelD 189 NCOA-1 No Longer.Living at Registered Address Description According to the NCOA list we looked for people who moved away from their address prior to May 01, 2022 and yet they voted according to the state roster in November. If someone truly left the county or state in April —they should not have voted in November. Severity Suspect -, NCOA data is.normally.accurate, but,since this is an external database, we mark these as suspect and°not illegal Location Section 1: Line 6 Section 2: Line 6 Black Letter TEC 11.001 Law Eligibility to Vote (a) Except as otherwise provided by law, to be eligible to vote in an election in this State, a person must: (1) be a qualified voter as defined by Section 11. 002 on the day the person offers to vote; (2) be a resident of the territory covered by the election for the office or measure on which the person desires to vote; OTH-1 VUID is Zero Description The VUID is Zero from the aggregated county voter rolls. How can the Texas Secretary of State Election Department accept this from a county? Severity I I egal J A zero voter,ID is not unique, This violates HAVA andEis an illegala:vote. aI Location Section 2: Line 13 Black Letter Title 52 USC Ch. 209 .521083 (a) Law Computerized statewide voter registration list requirements (a) Computerized statewide voter registration list requirements (1) Implementation (A) In general Except as provided in subparagraph (B) , each State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level that contains the name and registration information of every legally registered voter in the State and assigns a unique identifier to each legally registered voter in the State ©2024 United Sovereign Americans, Inc Page 18 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 66 of 84 PagelD 190 OTH-2 Invalid Database Voting Method _ Description The voting methods shown in the database show the valid voting methods as defined by the legend provided with the data from the Texas SOS. We found voting method codes that were not provided with the legend. We as citizens cannot determine if they voted or if this is something else. These are marked as suspect. Severity Suspect Texas SOS provides data that they cannot explain and evidently are not valid values. Location Section 2: Line 14 Black Letter This is a matter of common sense not black letter law. If the state gives a legend of Law allowable values, and if there is data in the roster that does not comply with the legend, then it is up to the state to explain why the state's database is wrong, and what the non-standard values mean. SUS-1 I Non-alpha Characters in Names Description Legal names containing numerals or special characters are very uncommon. Severity Suspect It is extremely rare that a legal name would contain numbers or special •characters, but we mark these as suspect not illegal. Location Section 1: Line: 10 Section 2: Line: 10 Black Letter Title 52 USC Ch. 205: § 20504 Law (1) Each State shall include a voter registration application form for elections for Federal office as part of an application for a State motor vehicle driver's license. (2) The voter registration application portion of an application for a State motor vehicle driver's license- (A) may not require any information that duplicates information required in the driver's license portion of the form (other than a second signature or other information necessary under subparagraph (C) ) ; (B) may require only the minimum amount of information necessary to- (i) prevent duplicate voter registrations; and (ii) enable State election officials to assess the eligibility of the applicant and to administer voter registration and other parts of the election process; Discussion To the untrained eye, the following two names appear to be identical: • BOB HARTFIELD • BOB HARTFIELD However, the second name has the numeral zero instead of the letter"o" in the name Bob. Some states allow numerals in a name based on information at: https://www.usbirthcertificates.com/articles/us-naming-laws-by-state However, this is also a way to hide a duplicate name. So, this is not an absolute indication of an apparent illegal registration, but it is a suspicious entry that could be used to insert duplicates into the system. These should be investigated. ©2024 United Sovereign Americans, Inc Page 19 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 67 of 84 PagelD 191 SUS-2 Deleted Registrations Description We found people who voted according to the county roster, but are no longer listed in the state registration list. This means that the voters were not cancelled but fully deleted. Another way of saying this is that the county states that a person voted, but the state has no record of that person in the registration list as of October 2023. Given the fact that there is a two-year retention period, this should not happen. Severity Suspect This is a very bad problem; it appears that some voter records were deleted incorrectly, but we cannot be certain that these are illegal, so we marked them as Suspect. Location Section 1: Line:11 Black Letter https://www.sos.state.tx.us/elections/vr/index.shtmI Law SOS guidance on voter registration mentions that they purge cancelled voters every two years as part of their retention policy. If the registrar receives a statement of residence that was executed by a voter at an election before the date the voter's registration was required to be canceled, the registrar must reinstate the registration66 If it is discovered that the voter was canceled during the biennial suspense purge and the voter has voted in an election after being placed on the suspense rolls, then the voter registrar should reinstate the voter. In such cases, it is probable that no Statement of Residence was requested of the voter, which was why the voter's information was not previously updated. Black letter law does not mandate this purge— but since incorrectly purging voter records within two years is a violation of this SOS guidance, we list these as suspicious registrations. ©2024 United Sovereign Americans, Inc Page 20 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Pas 68 of 84 Pa•elD 192 VLI.ST-1 Discrepancies Between Voting Lists Description Distinct VUIDs are in the state roster but not in the county rosters. Severity Suspect This could be summarized that the state's left hand does not know what is in the state's right hand. Location Section 3 Black Letter This is another common-sense issue. If there is a list of voters in one place, and there is a Law parallel list in another place, and if those numbers do not match, then this needs investigation. Please note the county data comes from the SOS official website as illustrated below: 2022 NOVEMBER 8TH GENERAL ELECTION (November) Past Earlv Voting Disclaimer:All in-onrration displayed is provided by county election Moats The Office of the Secretary of State does not alter Cr rr.>lity Totals Me date provided in any way For questions related to this information,please contact the appropriate county election official, Official Early Voting Turnout by Date Official Polling Place Information by County Official Election Day Turnout by County Last Updated 12-15-2022 12 00 00 Aid Last Updated 12-15-2022 12 00'00 At.4 Last Updated 12-15-2022 12 00'00 AM —Sated Early Voting Gate-- v -Select County— v --Select Oats— #gVOTtrili Notice it is the OFFICIAL Early Voting Turnout by Date. It is the Official Polling Place Information. And it is the Official Election Day Turnout by County. Why is an official record divergent from another official record? VLIST-2 Voting Method Discrepancies Description Inconsistent vote reporting Severity Suspect Why would the state voter roll show someone voting by mail, but the county, shows that vote was cast on election day'? Since we don't know if this is a clerical error, we list these as suspect, but they are troublesome.'` Location Section 3 Black Letter Common sense Law Approach This is comparing state vs. county records. The valid matches should be: • EV = IN-PERSON • AV = MAIL-IN • ED = GE This determines if there are any people with inconsistent voting methods. ©2024 United Sovereign Americans, Inc Page 21 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 69 of 84 PagelD 193 VLIST-3-1 `Total votes cast from state voter,roll X VLIST 3 2 Total emotes cast,fromou cnyt voter roll;e, Description This is used in section 3 on the scorecard and provides the values for state and county. The value for the website is hardcoded. Severity N/A N/A Location Section 3 ©2024 United Sovereign Americans, Inc Page 22 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 70 of 84 PagelD 194 APPENDIX A: NON-RESPONSIVENESS TO TEXAS AUDITS This section shows that the Texas election officials are not being diligent in addressing audit findings. 2020 Audit https://www.sos.texas.gov/elections/forms/phasel-progress-report.pdf Phase 1 of the audit was described by then Secretary of State, John B. Scott: On September 23, 2021, the office of the Texas Secretary of State (SOS) announced a full forensic audit of the November 2020 General Election in Collin, Dallas, Harris, and Tarrant counties. Combined, a total of 3,885,875 votes were cast in these four counties in the November 2020 election —approximately 35% of the roughly 11.3 million votes cast statewide. Then the final report was made available, and you can find it here: https://www.sos.state.tx.usielections/fad/2020-Audit-Full.pdf Page 47 in the audit report discusses voters who claimed to reside at a commercial mailbox location; this was a negative finding for all four counties in the audit. The graphics in that PDF file were so hard to interpret that a PIR was submitted to the SOS to retrieve the data in a readable format. The goal was to see how many of these addresses are still on the books — even after being identified as problematic. We then came up with the four-county list of addresses matching the original report. Were There Any Benefits from the Audit? Our analysis results are shown below: County Voter Count Voter Count V S G Today Verified Suspended ' Cancelled COLLIN 35 32 10 21 1 DALLAS 329 131 86 16 29 HARRIS 687 694 605 36 53 TARRANT 320 501 282 173 46 TOTALS. . 1371 1358 ° 983 246 129 Voter Count Then and Now This was a mixed metric where Collin and Dallas counties had fewer voters at these suspicious addresses, but Harris and Tarrant increased the number of voters at these locations. This shows negligence and continued harm to the accuracy of the voter rolls. Verified Suspended or Cancelled Common Sense In a perfect world —what should we see? If the registration is illegal, common sense would indicate that the person should be CANCELLED — and the election official must follow the cancellation guidelines in the TEC and Texas SOS procedures. It might be that some people could appeal against the cancellation and would be reinstated with a proper address. However, what we are seeing needs to be investigated further: • For those voters who currently are VERIFIED —we ask why? • Are these new registrations? • Were these registrations challenged with a postcard and it came back stating that they really live there (even though the address is illegal)? ©2024 United Sovereign Americans, Inc Page 23 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 71 of 84 PagelD 195 The Practical Result of the Audit Originally in 2020, there were 1,371 illegally registered voters. At the time of our analysis, that number was 1,358, but the key takeaway is that 1,229 (983+246) of these illegally registered voters are still able to vote in elections today. If a voter is suspended, all they have to do is fill out a Statement of Residence form, and they are allowed to vote and their status is changed back to Verified. In this scenario, the person is back on the registration roster at the same illegal address and the possible benefit of the audit is cancelled. 2022 Audit of Harris County The SOS audit of Harris County's voter information in 2023 does not foster confidence that many issues previously identified have been corrected. Below is an excerpt from the "Preliminary Findings Report Executive Summary November 8, 2022 General Election Harris County": Based on the information obtained from Harris County, the Secretary of State is unable to definitively identify the exact cause of this discrepancy. It is unknown whether this inconsistency is due to ineffective county procedures or the mismanagement of election and voter registration data. This is a sizeable discrepancy that reflects the failure to accurately align various election systems utilized in Harris County. State vlde Va r Harris County Reports: to Registration System Cumulative Results v _ Official List of Voterr. Canvass Report i __. Re sort 2,568,463 2,577,746 2,543,162 2,543,162 Figure A:Registered Voter Disparities Across Reporting Systems Unfortunately, the analysis we performed shows that not much has changed since the 2020 audit. Here is a link to the Preliminary Findings Report Executive Summary November 8, 2022 General Election Harris County: A summary of their findings: • Data Inconsistencies Across Different Platforms • Ballot Paper Distributions Did Not Follow Election Code Requirements • Equipment Issues Interfered with Voting Activities • Missing or Incomplete Paperwork was Common on Election Day • Training for Election Judges and Clerks was Insufficient ©2024 United Sovereign Americans, Inc Page 24 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 72 of 84 PagelD 196 APPENDIX B: AVERAGE AGE OF APPARENT REGISTRATION VIOLATIONS It is one thing to make a mistake. It is another thing to let a mistake fester in the system for years. The queries in Part 1 of the scorecard are all tied to individual registrations in the voter registration list. The table below duplicates this portion, but instead of giving the count of apparent violations, it gives the average number of years of the EDR (Effective Date of Registration) for each of the apparent violations. The result we see is that the Texas SOS and its partners of 254 County Registrars are not taking their HAVA responsibility seriously of keeping the voter rolls accurate. The table below gives an indication of how long registration issues have been on the books. This uses the simple formula of looking at the effective date of registration. Here is the algorithm for each category: 1. Figure out the registrations that fall under the category 2. Gather the EDR and calculate the age of the EDR to today. In SQL this is: now() — edr 3. Take the average of the dates Part 1`: Are voter rolls accurate,as required by the National Voter Registration Act of 1993? ' (based on September 2023 data from the State of Texas) —^ ID APPARENT INVALID OR ILLEGAL REGISTRATIONS AVG YEARS ON ROLLS DUP-1 Full duplicates by name and DOB 8.92 DUP-2 Duplicate VUIDs Voted (state roll)_ 12.86 DUP-3 Duplicate VUIDs Voted (county roll) 20.84 ADDR-1 Incomplete concise residential address 30.22 ADDR-23 Suspicious Unit Number 7.11 ADDR-24 Apartments with no number 9.34 ADDR-25 `,Invalid mailing address 24.32 ADDR-4A Commercial Residential Address 9.61. ADDR-4B `US Post Office Residential Address 8.89 ADDR-5A Totally blank permanent address 11.21 ADDR-5B Address with only a city 6.55 AGE-1 Too old to be living 45.87 AGE-2 Registered to vote before or on date of birth 80.11 i AGE-3 ' Registered before allowed age 35.87 SUS-1 Non-alpha Characters in Names 1.3.09 OTH-2 Invalid Database Voting Method 1.96 See the following table for information on how to read this chart and why this matters. • ©2024 United Sovereign Americans, Inc Page 25 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 73 of 84 PagelD 197 How to read this chart For example, ADDR-1 "Incomplete concise residential address" value is 30.22 years. The way you read this is: Of all the people who seemingly have an illegal concise address, the average age of that registration presence in the database is approximately 30 years. This means that these wrong addresses have been on the books for a LONG time and nothing has been done to clean them up. Or look at SUS-1 "symbols or numbers in the name". The average length of time in the database of those registrations is 13 years. You would think that over the past 13 years that numerals in the names would be a red flag to county and state registrars. One more interest item: OTH-2 invalid voting method This category shows a voter's voting method in the official database uses a status that is not included in the supplied legend and explanation of the codes. The undefined codes started appearing two years ago. The official database shows a voter's voting method with an undefined status that was not supplied in the legend or explanation of the codes. Apparently, whatever is happening here is a relatively new practice. Black Letter Law These laws listed below form the basis that county and state registrars are responsible for keeping the voting rolls clean. 14th Amendment to the United States Constitution HAVA: Help America Vote Act, 2002, 52 USC Ch. 209 TEC: 13.072. ACTION ON APPLICATION. (a) Unless the registrar challenges the applicant, the registrar shall approve the application Legal 13.074 CHALLENGE OF APPLICANT. (a) If after determining that an Requirements application complies with Section 13.002 and indicates that the applicant is eligible for registration, the registrar has reason to believe the applicant is not eligible for registration or the application was submitted in an unauthorized manner, the registrar shall challenge the applicant 13.079 (c) If the registrar determines that the applicant is not eligible for registration or that the manner of submission of the application was unauthorized, the registrar shall reject the application. ©2024 United Sovereign Americans, Inc Page 26 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 74 of 84 PagelD 198 APPENDIX C: FEDERAL LAW TEXT This appendix provides the actual text of the portion of the federal laws being addressed. Law Law section Table Reference HAVA SEC. 303, § (a)(2)(B) CONDUCT DUP-1, OTH-1 Computerized Statewide Voter Registration List Requirements and Requirements for Voters Who Register by Mail The list maintenance performed under subparagraph (A) shall be conducted in a manner that ensures that— (i) the name of each registered voter appears in the computerized list; (ii) only voters who are not registered or who are not eligible to vote are removed from the computerized list; and (iii) duplicate names are eliminated from the computerized list. https://www.eac.gov/sites/default/files/eac assets/1/6/HAVA41.PDF NVRA Title 42 Chapter 20 Subchapter I-H Section Sec. DUP-1 1973gg § (c)(2)(b) Findings and Purposes (2) The voter registration application portion of an application for a State motor vehicle driver's license (B) may require only the minimum amount of information necessary to - (i) prevent duplicate voter registrations; and (ii) enable State election officials to assess the eligibility of the applicant and to administer voter registration and other parts of the election process https://www.fvap.gov/uploads/FVAP/Policies/nvralaw.pdf NVRA Title 52 USC Ch. 205: § 20501 DUP-3, OTH-1, SUS-1, SUS-2, National Voter Registration - Findings and purposes NCOA-1, DUP-1 Findings The Congress finds that— (1) the right of citizens of the United States to vote is a fundamental right; (2) it is the duty of the Federal, State, and local governments to promote the exercise of that right Purposes The purposes of this chapter are— (1) to protect the integrity of the electoral process; and (2) to ensure that accurate and current voter registration rolls are maintained. https://uscode.house.gov/view.xhtml?path=%2Fprelim%40tit1e52%2Fsubtitle2%2Fchapter205&edition=prelim NVRA Title 52 USC Ch. 205: § 20504 SUS-1 Simultaneous application for voter registration and application for motor vehicle driver's license. Section 20504 (C) (2) (B) the following about motor voter information from Vehicle Registration office to Voter Roll in that they: (B) may require only the minimum amount of information necessary to: (i) prevent duplicate voter registrations; and (ii) enable state election officials to assess the eligibility of the applicant and to administer voter registration and other parts of the election process; https://uscode.house.gov/view.xhtml?path=/prelim(c�title52/subtitle2/chapter205&edition=prelim ©2024 United Sovereign Americans, Inc Page 27 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Pa•e 75 of 84 Pa.elD 199 Lay('Y 3 I L`aw section 4 mm ®° � 'A` a�.r_.. s Table-Reference :. .,_ � ra':.'! F 5' .3`y°e• `-.°d•m 5'3;'R_ 3` NVRA Title 52 USC Ch. 205: § 20507 AGE-1 Requirements with respect to administration of voter registration. (a) (4) Voting and Elections In the administration of voter registration for elections for Federal office, each State shall: (4) conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of (A) the death of the registrant; https:/luscode.house.gov/view.xhtml?path=/prelim(cr�title52/subtitle2/chapter205&edition=prelim NVRA Title 52 USC Ch. 209 § 21083 (a) DUP-1, OTH-1 Computerized statewide voter registration list requirements (a) Computerized statewide voter registration list requirements (1) Implementation (A) In general Except as provided in subparagraph (B) , each State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory manner, a single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered at the State level that contains the name and registration information of every legally registered voter in the State and assigns a unique identifier to each legally registered voter in the State https://uscode.house.qov/view.xhtml?req=(title:52%20section:21083%20edition:prelim) ©2024 United Sovereign Americans, Inc Page 28 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 76 of 84 PagelD 200 APPENDIX D: TEXAS ELECTION CODE This appendix provides the text for the portions of the Texas election codes that are being addressed. Law : — ' ` Description ' 8 ° ` i Scorecard Reference - TEC 11.001 Eligibility to Vote NCOA-1 (a) Except as otherwise provided by law, to be eligible to vote in an election in this State, a person must: (1) be a qualified voter as defined by Section 11. 002 on the day the person offers to vote; (2) be a resident of the territory covered by the election for the office or measure on which the person desires to vote; https://statutes.capitol.texas.qov/GetStatute.aspx?Code=EL&Value=11.001 TEC 13.001 Must be 17 years and 10 months of age AGE-1, AGE-2, AGE-3 (b) To be eligible to apply for registration, a person must, on the date the registration application is submitted to the registrar, be at least 17 years and 10 months of age and satisfy the requirements of Subsection (a) except for age. https://statutes.capitol.texas.qov/Docs/EL/htm/EL.13.htm#13.001 TEC 13.002 Application Required ADDR-1, ADDR-4, ADDR-5 (7) the applicant's residence address or, if the residence has no address, the address at which the applicant receives mail and a concise description of the location of the applicant's residence; https://statutes.capitol.texas.qov/GetStatute.aspx?Code=EL&Value=13.002 TEC 13.072 Action on Application (in violation of HAVA act) DUP-1 (b) After approval of an application by an applicant who was registered in another county at the time of application, the registrar shall deliver written notice of the applicant's change of residence to the other county's registrar and include in the notice the applicant's name, former residence address, and former registration number, if known. https://statutes.capitol.texas.gov/Docs/EL/htm/EL.13.htm#13.072 TEC 13.143 Voter Qualifications and Registration AGE-3 Sec. 13.143. EFFECTIVE DATE OF REGISTRATION;PERIOD OF EFFECTIVENESS. (a) Except as provided by Subsections (b) and (e) , if an applicant's registration application is approved, the registration becomes effective on the 30th day after the date the application is submitted to the registrar or on the date the applicant becomes 18 years of age, whichever is later. (b) A registration is effective for purposes of early voting if it will be effective on election day. (c) A registration is effective until canceled under this code. https://statutes.capitol.texas.gov/GetStatute.aspx?Code=E L&Value=13.143 TEC 64.012 Illegal Voting Full duplicates by name and DOB DUP-1 Sec. 64 .012. ILLEGAL VOTING. (a) A person commits an offense if the person knowingly or intentionally: (1) votes or attempts to vote in an election in which the person knows the person is not eligible to vote; (2) votes or attempts to vote more than once in an election; (3) votes or attempts to vote a ballot belonging to another person, or by impersonating another person; https://statutes.capitol.texas.qov/GetStatute.aspx?Code=E L&Value=64.012 ©2024 United Sovereign Americans, Inc Page 29 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 77 of 84 PagelD 201 APPENDIX E: TEXAS VOTER REGISTRATION APPLICATION • _ Texas Voter Registration Application F6r ifikrztimf PrtkTigli CIGS atlie Sz=tzzy-ciazt: Vit17/117111.13 Please complete sachem by printing LEGIaLY. If you have any questions about hew to ild out this application. please cell your lood voter registrar. IWT---iese Questions Must Be Completed Before Procteding (chink [73 3-4 New Appitnlion Change of Address,Narr , RequeSt ler a Replacement Card or Other intonation Arai you a United States Citizen? Yes El No Wilt you be 18 years of age on or before election day? Ej Yea 0No ,„-- :11-sotiAlfeck:0104,11/4120ponsettiiithettthetibiAfov'6,-:nottomblaMtlifs forma Are you Interested in serving as an election worker? yt% No EiLast Nome niclude aunt;it any First Name /diddle Name *Fanner Neale Ed aro (Jr.Sr,III or aro RaSidenCe Addrellia:Shoot Address anti Apartment Number. If City TEXAS Role,desztlbe%%ire re we,Me riCt RC1 Fri RI 0 BIA?&I's Psi) COUntY :Zip Code 11112FiliiiiAcittress;Sifted Addren.anal A parimerd Numb= City sune (If'nail anrIcik b delivered win reseence address) zli3 Code and County cif Former Residence in Texas 6, Data Of 13irtfl:fatintddlYyyy) 7 Gender(Optional) 8 Telephone Ntorniter patient) Arto Codo LE/El /DINE E9 Fmeamiesie —0 1-1 Texas Drawee tleortSe No,or Toe o Pommel f i10 Tens rNers License or Porsond idontifienn, Lb.No. unsunotr lho Ctimartment or Puree Safety) glue last 4 myour ane of Social Sootitil3r Number EtiDEJED xx.),LIE; 0 I have not been issuftl a Texas Driver's LieenselPETECTLEIt IdentiReation Number or Sc ial Security Number, I understand that giving false informatteri to procure a voter r:I.Istratton Is perjury,and a e under state anti federal law.Conviction of this clime may resutt in imprisonment up to one year In jell,a tine up to$4,000,or both.Fleaee read all Ihree statements to affirm fere signing. • lam a resident of this eminty and a U.&titbnan; 9 I have not boon finally convicted*fa felony,or if a felon,I have dompfeted all of my punishment including any term of incarceration,parole,supervision,period of probation,or I have been pardoned;and • I have not been determined by a final judgment of a court exercising probate jurledlcdon to be totally mentally Incapacitated or Partially mentally incepanitated without the right to vote, X t Date Rinature ofikppltearit or Agent and Relationship to Applicant or Rented Name dApplicaint if Signed by Vifinese and Data ©2024 United Sovereign Americans, Inc Page 30 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 78 of 84 PagelD 202 APPENDIX F: VOTING ROSTERS ARE MOVING TARGETS When a person votes in an election, that event happens in time and space. Voter rosters records are kept as official Texas documents. It turns out that keeping tabs on past election results is not as easy as it might seem. For each election, the SOS provides daily early voting and election day rosters. The official page looks something like this: 2022 NOVEMBER 8TH GENERAL ELECTION (November) °ast Early Voting Disclaimer:All information displayed is provided by county election officials_The Office of the Secretary or State does not after or moods the data Totals provided In any way.For questions dated to this information,please contact the appropriate county election official. Official Early Voting Turnout by Date Official Polling.Place Information by County Official Election Day Turnout try County Last Updated:12-15-2022 12.00:00 AM Last Updated:12-15-2022 12:00:00 AM Last Updated:12-15-2022 12:C0:00 AM —Select Early Voting Date— v --Select County— v --Select Date— *+ https://earlyvotinq.texas-election.com/Elections/getElectionDetails.do Note that these are official results. And yet, note that the claim is that these results were last updated 12-15- 2022. This is an absolutely false statement. The underlying numbers in this voter roll are changing, sometimes daily, and for many months after an election. We will give one example from the November 2022 election as a sample of the things that you might find in this "official" record. Since this analysis report shall become a public record, the names of the voter in question, the voter's address, and the voter ID are modified to preserve the identity of this voter. The unredacted names and identity of this person (along with many others) can be revealed directly to law enforcement or to the SOS office upon request. Step One: Download data regularly from the SOS website We regularly download the public data from the SOS website for the federal elections in the past few years. In particular, we have snapshots of the early voting roster for the November 2022 election taken on the following days: • 11/08/22 (Election day) • 12/15/22 • 12/25/22 • Governor Gregg Abbott certified the federal races on 01/03/23 (no snapshot this day) • 01/05/23 • 02/24/23 • 03/01/23 • 03/31/23 • 04/27/23 • 05/27/23 • 06/26/23 • 01/27/24 ©2024 United Sovereign Americans, Inc Page 31 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 79 of 84 PagelD 203 Step Two: Look for changes between roster snapshots Since Governor Abbott certified the election on January 03, 2023, we thought it would be good to compare the rosters for January 05, 2023, with March 31, 2023. Surely, we would expect Governor Abbott to be certain that his certification is backed by true numbers. And yet we find an anomaly as we look at this difference. This is blurred purposely, but you will see 3 yellow lines that have been inserted. This means that between January, 2023 and March, 2023, these 3 voters were LLB. added to the voter roll. But then we come to the focus of this report. To protect PII, we'll call him "Henry Sneed Glaton" from Bowie County. Again, this is blurred but you see a red and yellow line —this difference is noted by one line being removed, and another (different) line added as a replacement. By changing the names, here is what it looks like: Download-date/vote-date: "COUNTY", "Full Name", VUID, "Voting-Method", "Precinct" 230105/20221010: "BOWIE","GLATON, HENRY SNEED","11111111111","MAIL-IN","2C" 230224/20221010: "BOWIE","GLATON, HENRY SNEED","22222222222","MAIL-IN","2C" Here is how to read this: Mr. Glaton is shown as a voter who mailed in a ballot, and it was processed on 10/10/2022. On 01/05/2023 it shows Mr. Glaton having a unique voter ID of 1111111111. However, on 02/24/2023, seven weeks later, it shows that Mr. Glaton's unique voter ID is not that unique — it was changed to 2222222222. Who changed it and why? However, it gets worse — it turns out: 1. There is a Mr. Glaton in the Texas Voter Registration database with VUID of 1111111111 and voting status is Verified (V). That is where the good news stops. 2. The Official State of Texas voting roster for the General Election 2022 does not list Mr. Glaton with VUID 111111111 as having voted. 3. Further, there is no person in the state voter registration with VUID of 2222222222. 4. And finally, there is no record of any person voting with VUID of 2222222222. The County says that Mr. Glaton voted, but the state has no record of his vote. Then some person or entity (we do not know) changed Mr. Glaton's VUID to a different number (contrary to federal law). Remember this is an official Texas election roster AND IT WAS CHANGED AFTER CERTIFICATION! That is bad enough, but it changed to a value that does not exist today in the voter registration. Can we pinpoint who is responsible for this type of voter roll manipulation? No, we cannot. Should this be concerning for all citizens of Texas? Absolutely. Should this be a concern for Governor Gregg Abbott and for county commissioners throughout the state who certified elections not realizing that the state and county election offices are unable to agree on who voted? ©2024 United Sovereign Americans, Inc Page 32 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 80 of 84 PagelD 204 The citizens of the State of Texas deserve better than this. Note the data for this moving target analysis was downloaded over a period of time. All of the files are timestamped and preserved as originally downloaded. Then for this analysis, the files were sorted to ensure accurate comparisons and to spot differences quickly. Since these are time-based downloads, this exercise cannot be duplicated directly because it does not appear possible to go back in time and download what the database looked like on a previous day. That would be nice and that would be a way to get to the bottom of how these changes are being implemented, but it still would not answer why the changes were made. ©2024 United Sovereign Americans, Inc Page 33 of 33 2/6/24 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 81 of 84 PagelD 205 EXHIBIT "G" Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 82 of 84 PagelD 206 -tea N ITEM .� x So REIGN E RICANS - :h Texas Chapter Texas 2022 General Election Validity Scorecard DETAILED FINDINGS SUMMARY Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 83 of 84 PagelD 207 RESULTS The results of this report are presented as a series of CSV files(comma separated values)which can be loaded into Excel or other spreadsheet programs. The data files are organized as follows: File Description Scorecard Section,One allrestllts.csv All of the seemingly suspect or illegal registrations primarily from section 1 of the Texas 2022 General Election Validity Scorecard. This also includes a field that shows if the state has a record that the person voted in the November 2022 General Election. sectian�1_line_1_drtp�lcsv This results file is a subset of the prior allresults.csv file but focusses on duplicate voters and aligns with the scorecard line one. The file is sorted by name,so it will show duplications. ° Please refer to the Supplemental documentation and the special notice about cancelled voters. If you were to find a duplicate in this dup-1.csv results file and both of them are cancelled,the first thing to check is if the two entries have different voter IDs. If so,that is an improper HAVA violation which mandates a unique number per voter. ° You will find other combinations like two verified voters in different counties and other situations that simply need to be investigated Scorecard Section.Two—the last6lines of section two are provided in separate files section_2_line_11°_dup 2.csv Unique Voter registrations that cast multiple votes according to the state voter roll section.2_line_12_dup_3.csv Unique Voter registrations that cast multiple votes according to the county voter roll section 2_line13_oth_1.csv Voters listed in the county voter roll with state voter ID of zero who voted section 2line_14_oth 2.csv Voters listed in the state voter roll with an unidentified voting method who voted _ section_2_line_15 tilt,1.csv Voters recorded in county voter roll, missing from state voter roll,or vice versa,who voted (VUIDs only) section_2_line_15 vlist,2.csv Voting method discrepancy between county and state voter rolls for those who voted. Due to the nature of this query,there are some duplicates in the reporting but those were accounted for when presented on the scorecard section 2. • SCHEMA Most of the results files include the following columns: • • VOID • Severity 1=seemingly suspect;2=seemingly illegal • Tag—which query flagged this registration—this.matches the query in the Supplemental document • County • Precinct •° Status(voter status) • First,Middle,Last,and Suffix Names • lob(date of birth) • voting method(NULL if they did not vote) Some of the files may have a different column format butthey should beself-explanatoiy: ©2024 United Sovereign Americans, Inc Page 2 of 3 2/10/2024 Case 2:24-cv-00184-Z Document 5-1 Filed 08/28/24 Page 84 of 84 PagelD 208 Final Note It should be realized that we do not expect every registration listed will be found to be illegal.There are likely valid reasons or explanations for many of the items that we have flagged. For example, with duplicates, we used exact matches for first, middle, last names, and the date of birth. The state has more resources that it can bring to bear, like cross referencing with other departments, and is far more capable of determining duplicate status than us with just a voter registration and history list. -end of document-- ©2024 United Sovereign Americans, Inc Page 3 of 3 2/10/2024 Beyond ti 42/ Ready 2024 National 4-H Week Proclamation WHEREAS,The Brazos County Commissioners Court is proud to honor the Texas 4-H Youth Development Program of the Texas A&M AgriLife Extension Service for 116 years of providing experience-based education to youth throughout the Lone Star State; and WHEREAS,This admirable program,which seeks to provide a learning experience for all youth through their head, heart, hands,and health, helps young Texans to acquire knowledge, develop life skills, and form attitudes to enable them to become self-directed, productive, and contributing members of our society; and WHEREAS,The program's more than 550,000 urban, suburban, and rural youth participants, ranging in age from eight to eighteen, come from diverse ethnic and socioeconomic backgrounds and truly represent a cross-section of the state; and - WHEREAS,The program undoubtedly could not have achieved the success that it has today were it not for the service of its more than 30,000 volunteers, who have given generously of their time,talents, energies, and resources to the youth of Texas; and • WHEREAS,Throughout its proud history, the 4-H program has developed positive role models for countless Texans through its innovative and inspiring programs,and continues to build character and instill the values that have made our state strong. Now, therefore, be it RESOLVED,The Brazos County Commissioners Court hereby designate October 6-12, 2024, as National 4-H Week in Texas, and commend the 4-H Youth Development Program of the Texas A&M AgriLife Extension Service and the many men and woe.-- = •o have made the program a success. L�G County Commissioner Precinct 1 Commissioner Precinct 2 0 61.424AltSPfgfraft-) Commissioner Precinct 3 C nmissioner Precinct 4 Date • STATE OF TEXAS } } COUNTY OF BRAZOS } BRAZOS COUNTY RESOLUTION APPROVAL OF THE BRAZOS COUNTY INVESTMENT ADVISORY COMMITTEE WHEREAS, Section 1.3 of the Brazos County Investment Policy provides for an Investment Advisory Committee to serve in an advisory capacity to the County's Investment Officer to review strategies and to monitor the progress of the County's investment program and WHEREAS, Section 1.3 of the Brazos County Investment Policy requires the approval by Commissioners' Court of appointments to the Brazos County Investment Advisory Committee; it is NOW, THERFORE, BE IT RESOLVED, the Commissioners' Court of Brazos County, in a regular meeting duly convened and acting in its capacity as the governing body of Brazos County, herby affirms the following members of the Brazos County Investment Advisory Committee: IN WITNESS WHEREOF, we have h reunto set our hands and caused the seal of Brazos County to be affi is bier, day of October 2024. HON. DUANE PETERS,COUNTY JUDGE HON.STEVE ALDRICH HON. CHUCK KONDERLA COMMISSIONER, PCT#1 C MMISSIO R, #2 HON. NANVY BERRY HON.WAND ATSON COMMISSIONER, PCT#3 COMMISSIO R,PCT#4 ATTEST: CfibiatS29/v -- � ._.. HON. KAREN MCQUEEN COUNTY CLERK• 1. Chaef e. . 4 Investment Advisory Committee Members MARK BROWNING,Senior Vice President&Trust Officer-Extraco Banks DUANE PETERS,County Judge KATIE CONNER,County Auditor MEGAN MASON, Director of Accounting MARCILLE TURNER, 1st Assistant County Auditor CRISTIAN VILLARREAL,County Treasurer JAMIE CARTWRIGHT,Chief Deputy Treasurer Docusign Envelope ID:940C2E71-C943-461C-BA72-609F543A5684' GRANT AGREEMENT Rural Law Enforcement Salary Assistance Program Award# IA-0000000872 This grant agreement ("Agreement") is entered into by and between the Texas Comptroller of Public Accounts ("Comptroller") and the Office of the county Attorney of Brazos ("Grantee") :located at 300 East 26th Street, Ste 1300 Bryan Texas 77803 . For purposes of this Agreement,Comptroller and Grantee are sometimes collectively referred to as the"Parties". or individually as a"Party." Article I.Recitals Whereas,the 88th Texas Legislature passed Senate Bill 22(S B.22)to establish a grant program to provide financial assistance to qualified sheriff's offices, constable's offices, and prosecutor's offices in rural counties(the"Program"); Whereas,Comptroller has authority to implement and administer the Program and award grants to eligible applicants pursuant to Local Government Code, Chapter 130, Subchapter Z, Sections 130.911, 130.912, and 130.913; Whereas,Grantee warrants that it is eligible to participate in the Program; Whereas,Grantee certifies that it has not and will not reduce the amount of funds provided to its sheriffs office,constable's office or prosecutor's office,as applicable,because of an award of grant funds under this Agreement;. Whereas,Grantee timely submitted an application for a grant; Whereas,Comptroller has reviewed and approved Grantee's application for a grant; Whereas,the Parties desire to set forth their mutual expectations and obligations for participation in the Program; and Now, therefore, in consideration of Grantee's compliance with all requirements of this Agreement, Comptroller awards this Agreement to the Grantee and the Parties do hereby represent,covenant,and agree as follows: Article II.Authority This Agreement is entered into pursuant to the authority granted and in compliance with the provisions of Local Government Code, Section's 130.911, 130.912,or 130.913,as applicable.This Agreement is funded by state funds appropriated by the State Legislature. . . Article III.Grant In consideration of the various obligations to be undertaken by Grantee, Comptroller awards Grantee the amount of $275000...00 , to be_ disbursed to Grantee for the purposes of funding a Rural Prosecutor's Office Salary Assi stance Grant FY25 ,subjecttothefollowing: 1. Grantee shall use grant funds only for the authorized uses set forth in Article V of this Agreement, and only for the Rural Prosecutor's Office Salary Assistance Grant FY25 as indicated on the Grantee's application. 2. Grantee shall fully comply with all terms and conditions of this Agreement;the requirements Rural Law Enforcement Salary Assistance Program Page 1 of 8 Docusign Envelope ID:940C2E71-C943-461C-BA72-609F543A5684 of Local Government Code, §§ 130.911, 130.912, or 130.913, as applicable; the relevant provisions of the Texas Grant Management Standards (TxGMS) and the State of Texas Procurement and Contract Management Guide,or their successors,adopted in accordance with Texas law;and all applicable state or federal statutes,rules,regulations,or guidance applicable to the grant award, including 34 Texas Administrative Code (TAC), Part I, Chapter 16, Subchapter D. 3. Grantee specifically assures compliance with the provisions of Appendix 6 of TxGMS (Uniform Assurances by Local Governments)that are applicable to this Grant. Article IV.Term This Agreement is effective from the date signed by Comptroller("Effective Date"),after first having been signed by Grantee, to and including an expiration date of September 30 , 2025, unless terminated earlier in accordance with other provisions of this Agreement. Article V.Authorized Uses of Grant Funds;Limitations Section 1 of this Article applies only to a Rural Sheriff's Office Salary Assistance Grant, Section 2 of this Article applies only to a Rural Constable's Office Salary Assistance Grant,Section 3 of this Article applies only to a Rural Prosecutor's Office Salary Assistance Grant, and Section 4 of this Article applies to all grants except as otherwise set out in Section 4. Section 1.Rural Sheriff's Office Salary Assistance Grant(Local Government Code,§ 130.911) A. Authorized Uses. Grant funds may only be used: 1. to provide a minimum annual salary of at least: a. $75,000 for the county sheriff(as defined by 34 TAC §16.300(3)); b. $45,000 for each deputy sheriff (as defined by 34 TAC §16.300(4)) who performs motor vehicle stops in the routine performance of their duties; and c. $40,000 for each jailer (as defined by 34 TAC §16.300(2)) whose duties include the safekeeping of prisoners and the security of a jail operated by the county; and 2. provided that each county sheriff that meets the definition in 34 TAC § 16.300(3), each deputy sheriff that meets the definition in 34 TAC §16.300(4), and each county jailer that meets the definition in 34 TAC §16.300(2)receives the minimum salary described by paragraph(1) of this section: a. to increase the salary of a person described by paragraph(1)of this section; b. to hire additional deputies or staff for the sheriffs office;or c. to purchase vehicles,firearms,and safety equipment(as defined by 34 TAC§§ 16.300(13)and 16.300(14))for the sheriffs office. B. Deficient Grant Funds. If Grantee does not have sufficient grant funding to fund the minimum annual salaries required by this Section 1, Grantee may use grant funds to increase the salaries of the persons described in this Section 1 on a pro-rata basis. Section 2.Rural Constable's Office Salary Assistance Grant(Local Government Code,§ 130.912) A. Authorized Uses. Grant funds may only be used to provide a minimum annual salary of$45,000 to a qualified constable(as defined by 34 TAC § 16.300(10)). Rural Law Enforcement Salary Assistance Program Page 2 of 8 Docusign Envelope ID:940C2E71-C943-461C-BA72-609F543A5684 B. Contribution Requirement.For each qualified constable whose salary is funded in part by the Grant, Grantee must contribute at least 75%of the money required to meet the minimum annual salary requirement. Section 3.Rural Prosecutor's Office Salary Assistance Grant(Local Government Code,§ 130.913) A. Authorized Uses. Grant funds may only be used: 1. to increase the salary of an assistant attorney, an investigator, or a victim assistance coordinator (as defined by 34 TAC §16.300(14))employed at the prosecutor's office;or 2. to hire additional staff for the prosecutor's office. Section 4.Additional Terms A. Nonmonetary Benefits and Taxes.A minimum annual salary as described in Sections 1 and 2 of this Article does not include any overtime compensation.A salary increase includes increases required to bring a salary to the minimum annual salary as described by Sections 1 and 2 of this Article,and salary increases described by Sections 1 and 3 of this Article, and will be measured based on the salary provided on the last day of the entity's fiscal year ending in 2023,excluding any overtime.The cost of a salary increase as described in this Article includes the increase of legally required nonmonetary benefits and taxes for that salary. A salary increase does not include overtime and the cost of a salary increase does not include an increase of legally required nonmonetary benefits and taxes for overtime compensation. Grantee may only use grant funds for the legally required nonmonetary benefits and taxes for a salary if Grantee provides the minimum annual salary required by Sections 1 and 2 of this Article,if applicable. Grantee may not reduce a salary below a minimum salary required by Sections 1 and 2 of this Article to use grant funds for legally required nonmonetary benefits and taxes for that salary. B. Minimum Hourly Wage Calculation.If a person described in Sections 1 or 2 of this Article is a part- time or hourly employee, or holds a dual office or otherwise divides work hours between a position described in this Article and another position,the minimum annual salary required by Sections 1 or 2 of this Article may be converted to a minimum hourly wage and will apply only to the hours of work performed for a position described in this Article as follows: 1. for an employee with a 40-hour work week,the minimum hourly wage shall be the product of: a. the minimum annual salary described in this Article; and b. a quotient: i. the numerator of which is equal to the number of hours the employee normally works performing duties for a position described in this Article each week,not to exceed 40;and ii. the denominator of which is equal to 40; and 2. for an employee with a county adopted work period as authorized by Section 7(k), Fair Labor Standards Act,29 U.S.C.A§ 207(k),the minimum hourly wage shall be the product of: a. the minimum annual salary described in this Article;and b. a quotient: i. the numerator of which is equal to the number of hours the employee normally works performing duties for a position described in this Article each period, not to exceed the Rural Law Enforcement Salary Assistance Program Page 3 of 8 Docusign Envelope ID:940C2E71-C943-461C-BA72-609F543A5684 number of hours that are nonovertime as determined under the Fair Labor Standards Act; and ii. the denominator of which is equal to the number of hours that are nonovertime as f determined under the Fair Labor Standards Act. C. A person whose salary increase may be paid with grant funds under Sections 1 and 3 of this Article may be paid an increase in hourly wages if they are paid an hourly wage rather than an annual salary. D. Expenditure of Grant Funds. Subject to Article VI, Section D of this Agreement, Grantee shall expend the funds during the grant period. Funds for purchases are considered expended when Grantee is legally obligated to expend the funds. Article VI.Reimbursement A. Advance Payment.Comptroller shall disburse the grant funds as soon as practicable following the Effective Date.By making advance payment, Comptroller does not waive any requirements for the reimbursement of costs.Upon Comptroller's request,Grantee shall submit records in support of reimbursement requests. B. Deposit of Funds. Whenever possible,grant funds must be deposited and maintained in insured, interest-bearing accounts.Interest earned on grant funds is not considered program income,and Grantee must use any accrued interest for grant purposes only and on allowable costs under this Agreement. C. Eligibility for Cost Reimbursement.Comptroller will reimburse Grantee for necessary and reasonable allowable costs paid by Grantee in performance of this Agreement.Allowable costs are restricted to costs that comply with the Agreement,TxGMS, and state law.The parties agree that all the requirements of TxGMS apply to this Agreement,including the criteria for allowable costs. D. Pre-award Costs.Comptroller will reimburse Grantee for pre-award costs provided(a)the costs are incurred during the portion of Grantee's fiscal year in which this grant period occurs that precedes the date of award,if any, and(b)the costs would have been allowable under the terms of this Agreement if incurred during the grant period. Article VII.Reporting and Compliance A. Compliance Reports. Grantee shall submit a compliance report certifying compliance and detailing expenditures of grant funds using Comptroller's electronic form no later than 30 days following the expiration or termination of this Agreement. Comptroller may request supporting documentation regarding expenditures and any other information required to substantiate that grant funds are being used for the intended purpose and that Grantee has complied with the terms, conditions, and requirements of the applicable statute,the Agreement and 34 Texas Administrative Code, Chapter 16, Subchapter D. Grantee shall submit any information requested by Comptroller within fourteen (14) calendar days,of the request. B. Remedies for Non-Compliance.If Comptroller finds that Grantee has failed to comply with terms and conditions of this Agreement or any other requirement described in Article III, Section 2 of this Agreement, Comptroller may: 1. require Grantee to return the grant funds or a portion of the grant funds; 2. withhold grant funds from the current grant or future grants to be received by Grantee pending correction of the deficiency; 3. disallow all or part of the cost of the activity or action that is not in compliance; Rural Law Enforcement Salary Assistance Program Page 4 of 8 Docusign Envelope ID:940C2E71-C943-461C-BA72-609F543A5684 4. terminate the Agreement in whole or in part; 5. bar Grantee from future consideration for grant funds under 34 Texas Administrative Code,Chapter 16, Subchapter D;or 6. exercise any other legal remedies available to Comptroller under this Agreement,at law,in equity, or otherwise. Article VIII.General A. Audit Requirements. Funds allocated in connection with this Agreement are considered to be state financial assistance for the purpose of determining the audit requirements under the Texas.Grant Management Standards. If an audit is required to comply with the requirements of Texas Grant Management Standards, Grantee shall complete an audit at the end of Grantee's fiscal year. Grantee agrees that in the event of any audit findings related to state awards provided by Comptroller, Grantee will inform Comptroller within two(2)business days following Grantee's receipt of any written audit findings or reports(whether in draft or final form),and thereafter submit any documentation related to the audit findings upon Comptroller's request(including, but not limited to, a copy of the fmal audit report,a response to the current status of the prior year's questioned costs,copies of management letters written as a result of the audit,and action plans,if any). B. Texas Public Information Act.Comptroller is bound by the provisions of the Texas Public Information Act("TPIA"),Chapter 552,Texas Government Code.Information,documentation,and other material in connection with this Agreement may be subject to public disclosure pursuant to the TPIA. If Grantee receives a request for information related to this Agreement from a third party, Grantee shall forward the request to Comptroller within three(3)days of receipt. C. Records; Right to Audit. Grantee acknowledges that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor(or any successor agency),under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee,Grantee or other entity that is the subject of an audit or investigation by the state auditor shall provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.Comptroller further reserves the right to monitor and audit Grantee's compliance with the requirements of this Agreement. D. Funding Limitation.The Agreement shall not be construed as creating a debt on behalf of Comptroller in violation of Article III, Section 49a of the Texas Constitution.All obligations of Comptroller under the Agreement are subject to the availability of grant funds.The Agreement is subject to termination or cancellation,either in whole or in part,without penalty to Comptroller if such funds are not appropriated or become unavailable. E. Records Retention. Grantee shall maintain and retain all records relating to the performance of the Agreement,including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements.These records will be maintained and retained by Grantee for a period of five (5) years after the Agreement expiration date or until all audit, claim, and litigation matters are resolved,whichever is later. Comptroller reserves the right to direct grantee to retain documents for a longer period of time or transfer certain records to Comptroller custody when it is determined the records possess longer term retention value. F. NO INDEMNIFICATION. THE PARTIES AGREE THAT COMPTROLLER WILL NOT INDEMNIFY GRANTEE FOR ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, OR ANY RELATED COSTS,ATTORNEY FEES, OR EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE IN PERFORMANCE OF THE AGREEMENT. Rural Law Enforcement Salary Assistance Program Page 5 of 8 Docusign Envelope ID:940C2E71-C943-461C-BA72-609F543A5684 G. Force Majeure.Neither Party shall be liable to the other for any delay in,or failure of performance,of any requirement included in this Agreement caused by force majeure.The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing Party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, pandemic/quarantine orders or other causes that are beyond the reasonable control of either Party and that by exercise of due foresight such.Party could not reasonably have been expected to avoid,and which,by the exercise of all reasonable due diligence, such Party is unable to overcome. H. Independent Contractor.The Parties agree that each Party is contracting as an independent contractor. I. Assignment.No assignment of this Agreement or of any right accruing hereunder shall be made, in whole or part,by either Party without the prior written consent of the other. J. Headings.The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of the Agreement. K. No Waiver.This.Agreement shall not constitute or be construed as a waiver of any of the privileges, rights,defenses,remedies,or immunities available to either Party as an agency of the State of Texas or otherwise available to the Party.The failure to enforce or any delay in the enforcement of any privileges, rights,defenses,remedies,or immunities available to a Party under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. L. Survival.The expiration or termination of this Agreement shall not affect the rights and obligations of the Parties accrued prior to the effective date of expiration or termination and such rights and obligations shall survive and remain enforceable. M. Severability. If one or more provisions are deemed invalid, illegal, or unenforceable for any reason, - such invalidity, illegality or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid,illegal or unenforceable provision had never been contained herein. N. Governing Law.This Agreement is governed by and construed under and in accordance with the laws of the State of Texas,without regard to the conflicts of law provisions. The venue of any suit arising under this Agreement is fixed in any court of competent jurisdiction of Travis County,Texas,unless the specific venue is other identified in a statute that directly names or otherwise identifies its applicability to the contracting state agency. Article IX.Certifications,Representations,and Warranties By signing the Agreement, Grantee certifies its compliance with the following and all other provisions of Appendix 6 (Uniform Assurances by Local Governments) of Texas Grant Management Standards that are applicable to this Agreement. A. Compliance with Laws, Rules, and Requirements. Grantee represents and warrants that it will comply with all applicable laws,rules,and regulations,and all terms and conditions established by CPA and the State of Texas with respect to the use of Grant funds. B. Actual or Potential Conflicts of Interest Prohibited. Grantee represents and warrants that performance under this Agreement will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, Grantee represents and warrants that in the administration of the Agreement,it will comply with all conflict-of-interest prohibitions and disclosure requirements required by applicable law,rules, and policies, including the provisions under Chapters 171 and 176 of the Local Government Code and Chapter 573 of the Texas Government Code. Rural Law Enforcement Salary Assistance Program Page 6 of 8 Docusign Envelope ID:940C2E71-C943-461C-BA72-609F543A5684 C. Cybersecurity Training Program(Local Government System). Grantee represents and warrants its compliance with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. D. Disclosure Protections for Certain Charitable Organizations, Charitable Trusts, and Private Foundations.Grantee represents and warrants that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts,and private foundations. E. Executive Head of a State Agency. In accordance with Section 669.003 of the Texas Government Code,relating to contracting with the executive head of a state agency, Grantee certifies that it is not (1)the executive head of CPA,(2)a person who at any time during the four years before the date of the Agreement or grant was the executive head of CPA, or(3) a person who employs a current or former executive head of CPA. F. Law Enforcement Agency Grant Restriction. If Grantee is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code, Grantee represents and warrants that it will not use appropriated money unless the law enforcement agency is in compliance with all rules adopted by the Texas Commission on Law Enforcement,or the Texas Commission on Law Enforcement certifies that it is in the process of achieving,compliance with such rules. G. Limitations on Grants. Grantee acknowledges and agrees that funds received under this Agreement will be expended subject to the limitations and reporting requirements similar to those provided by the following: Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; Sections 556.004, 556.005, and 556.006 of the Texas Government Code;and Sections 2113.012 and 2113.101 of the Texas Government Code. H. Lobbying Expenditure Restriction. Grantee represents and warrants that payments to Grantee and Grantee's receipt of appropriated or other funds under the Agreement are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code,which restrict lobbying expenditures. I. Political Polling Prohibition.Grantee represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. J. Public Camping Ban.Grantee certifies that it has not received a final judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Section 364.003 of the Local Government Code. If Grantee is currently being sued under the provisions of Section 364.003 of the Local Government Code, or is sued under this Section at any point during the duration of this grant, Grantee must immediately disclose the lawsuit and its current posture to Comptroller. Article X.Notices;Liaison Any notice relating to this Agreement,which is required or permitted to be given under this Agreement by one party to the other party shall be in writing and shall be addressed to the receiving party at the address specified below. The notice shall be deemed to have been given immediately if delivered in person to the recipient's address specified below. It shall be deemed to have been given on the date of certified receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested,addressed to the receiving party at the address specified below. Registered or certified mail with return receipt is not required for copies. Rural Law Enforcement Salary Assistance Program Page 7 of 8 Docusign Envelope ID:940C2E71-C943-461C-BA72-609F543A5684 The address of Comptroller for all purposes under this Agreement and for all notices hereunder shall be: Comptroller: Texas Comptroller of Public Accounts ATTN: Contracts Section 111E 17th Street,Room 310C Austin,Texas 78774 With copy sent via electronic mail to contracts@cpa.texas.gov The address of Grantee for all purposes under this Agreement and for all notices hereunder shall be: Grantee: Office of the County Attorney of Brazos 300 East 26th Street, Ste 1300 Bryan Texas 77803 Contact Person: Earl Gray County Attorney egray@brazoscountytx.gov 9793614300 Article XI.Signatories IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their undersigned, duly authorized representatives. This Agreement may be executed in one or more counterparts, each of which is an original,and all of which constitute only one agreement between the Parties. Texas Comptroller of Public Accounts Brazos BY BY Lisa Craven Earl Gray Deputy Comptroller County Attorney DATE DATE Rural Law Enforcement Salary Assistance Program Page 8 of 8 DocuSign° Certificate Of Completion— Envelope Id:940C2E71C943461CBA72609F543A5684 Status:Sent Subject:Rural Law Enforcement Grant Agreement Source Envelope: - Document Pages:8 Signatures:0 Envelope Originator: Certificate Pages:4 Initials:0 Heather Hampton AutoNav:Enabled Heather.Hampton@cpa.texas.gov Envelopeld Stamping:Enabled IP Address:18.253.34.110 Time Zone:(UTC-08:00)Pacific Time(US&Canada) Record Tracking ;J Status:Original Holder:Heather Hampton Location:DocuSign 9/23/2024 10:53:46 AM Heather.Hampton@cpa.texas.gov Security Appliance Status:Connected Pool:FedRamp Storage Appliance Status:Connected Pool:Salesforce-PROD Location:DocuSign Signer Events Signature . - :.•..' Timestamp Earl Gray Sent:9/23/2024 10:55:36 AM egray@brazoscountytx.gov Viewed:9/27/2024 11:59:17 AM Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:9/27/2024 11:59:17 AM ID:629d8e68-c008-4300-a190-07a06d58e4f3 Lisa Craven lisa.craven@cpa.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:2/26/2024 10:14:36 AM ID:d0daaa94-1252-47fe-afac-dfed056dfa5a 91n Person Signer Events Signature .`.. Timestam Editor Delivery Events-,. - ______ 'Status.. Timestamp .j Agent Delivery Events Status Timestamp Intermediary Delivery'Events ._ :Status ': .,Timestamp Certified Delivery Events .. , : :, . Status : - Timestamp .; _ . ;Carbon Copy Events -- Status Timestamp Witness Events Signature Timestamp Notary Events :Signature Timestamp Envelope Summary Events Status Timestamps ; . •".. Envelope Sent Hashed/Encrypted 9/23/2024 10:55:36 AM `^ _ Payment Events Status Timestamps E — Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:1/8/2024 4:14:18 PM Parties agreed to:Earl Gray,Lisa Craven ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Salesforce-PROD (we,us or Company)may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure(ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. 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By selecting the check-box next to `I agree to use electronic records and signatures',you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Salesforce-PROD as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Salesforce-PROD during the course of your relationship with Salesforce-PROD. .t PSG,.----.4 - p Too, tea ,/e,/ TYOF9F BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Approval of the Grant Agreement with the Texas Comptroller of Public Accounts for the Rural Law Enforcement SalaryAssistance Program Award IA-0000000868-District Attorney. TO: Commissioners Court DATE: 10/03/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvoe District Attorney SB 22 Contract_for 24- S9 22 Grant Agreement-District Attorney Cover Memo 25.pdf APPRO o ?A? Duane Peters Date County Judge Docusign Envelope ID:85EEB748-5572-417B-BDF2-4EA2AD7BCB74 GRANT AGREEMENT Rural Law Enforcement Salary Assistance Program Award# IA-0000000868 This grant agreement ("Agreement") is entered into by and between the Texas Comptroller of Public Accounts ("Comptroller") and the Office of the District Attorney of Brazos ("Grantee") located at 300 E. 26th Street, Suite 310 Bryan Texas 77803 . For purposes of this Agreement,Comptroller and Grantee are sometimes collectively referred to as the"Parties" or individually as a"Party." Article I.Recitals Whereas,the 88th Texas Legislature passed Senate Bill 22(S.B.22)to establish a grant program to provide financial assistance to qualified sheriff's offices, constable's offices, and prosecutor's offices in rural counties(the"Program"); Whereas,Comptroller has authority to implement and administer the Program and award grants to eligible applicants pursuant to Local Government Code, Chapter 130, Subchapter Z, Sections 130.911, 130.912, and 130.913; Whereas,Grantee warrants that it is eligible to participate in the Program; Whereas,Grantee certifies that it has not and will not reduce the amount of funds provided to its sheriffs office,constable's office or prosecutor's office,as applicable,because of an award of grant funds under this Agreement; Whereas,Grantee timely submitted an application for a grant; Whereas,Comptroller has reviewed and approved Grantee's application for a grant; Whereas,the Parties desire to set forth their mutual expectations and obligations for participation in the Program; and Now, therefore, in consideration of Grantee's compliance with all requirements of this Agreement, Comptroller awards this Agreement to the Grantee and the Parties do hereby represent,covenant,and agree as follows: Article H.Authority This Agreement is entered into pursuant to the authority granted and in compliance with the provisions of Local Government Code, Sections 130.911, 130.912, or 130.913, as applicable.This Agreement is funded by state funds appropriated by the State Legislature. Article III. Grant In consideration of the various obligations to be undertaken by Grantee, Comptroller awards Grantee the amount of $275000.00 , to be disbursed to Grantee for the purposes of funding a Rural Prosecutor's office salary Assi stance Grant FY25 ,subject to the following: 1. Grantee shall use grant funds only for the authorized uses set forth in Article V of this Agreement, and only for the Rural Prosecutor's office Salary Assistance Grant FY25 as indicated on the Grantee's application. 2. Grantee shall fully comply with all terms and conditions of this Agreement;the requirements Rural Law Enforcement Salary Assistance Program Page 1 of 8 Docusign Envelope ID:85EEB748-5572-417B-BDF2-4EA2AD7BCB74 of Local Government Code, §§ 130.911, 130.912, or 130.913, as applicable; the relevant provisions of the Texas Grant Management Standards (TxGMS) and the State of Texas Procurement and Contract Management Guide,or their successors,adopted in accordance with Texas law;and all applicable state or federal statutes,rules,regulations,or guidance applicable to the grant award, including 34 Texas Administrative Code (TAC), Part I, Chapter 16, Subchapter D. 3. Grantee specifically assures compliance with the provisions of Appendix 6 of TxGMS (Uniform Assurances by Local Governments)that are applicable to this Grant. Article IV.Term This Agreement is effective from the date signed by Comptroller("Effective Date"),after first having been signed by Grantee, to and including an expiration date of September 30 , 2025, unless terminated earlier in accordance with other provisions of this Agreement. Article V.Authorized Uses of Grant Funds;Limitations Section 1 of this Article applies only to a Rural Sheriff's Office Salary Assistance Grant, Section 2 of this Article applies only to a Rural Constable's Office Salary Assistance Grant,Section 3 of this Article applies only to a Rural Prosecutor's Office Salary Assistance Grant, and Section 4 of this Article applies to all grants except as otherwise set out in Section 4. Section 1.Rural Sheriff's Office Salary Assistance Grant(Local Government Code,§ 130.911) A. Authorized Uses. Grant funds may only be used: 1. to provide a minimum annual salary of at least: a. $75,000 for the county sheriff(as defined by 34 TAC §16.300(3)); b. $45,000 for each deputy sheriff(as defined by 34 TAC §16.300(4)) who performs motor vehicle stops in the routine performance of their duties;and c. $40,000 for each jailer (as defined by 34 TAC §16.300(2)) whose duties include the safekeeping of prisoners and the security of a jail operated by the county;and 2. provided that each county sheriff that meets the definition in 34 TAC § 16.300(3), each deputy sheriff that meets the definition in 34 TAC §16.300(4), and each county jailer that meets the definition in 34 TAC §16.300(2)receives the minimum salary described by paragraph(1) of this section: a. to increase the salary of a person described by paragraph(1)of this section; b. to hire additional deputies or staff for the sheriffs office; or c. to purchase vehicles,firearms,and safety equipment(as defined by 34 TAC§§ 16.300(13)and 16.300(14))for the sheriffs office. B. Deficient Grant Funds. If Grantee does not have sufficient grant funding to fund the minimum annual salaries required by this Section 1,Grantee may use grant funds to increase the`salaries of the persons described in this Section 1 on a pro-rata basis. Section 2.Rural Constable's Office Salary Assistance Grant(Local Government Code,§ 130.912) A. Authorized Uses. Grant funds may only be used to provide a minimum annual salary of$45,000 to a qualified constable(as defined by 34 TAC § 16.300(10)). Rural Law Enforcement Salary Assistance Program Page 2 of 8 Docusign Envelope ID:85EEB748-5572-417B-BDF2-4EA2AD7BCB74 B. Contribution Requirement.For each qualified constable whose salary is funded in part by the Grant, Grantee must contribute at least 75% of the money required to meet the minimum annual salary requirement. Section 3.Rural Prosecutor's Office Salary Assistance Grant(Local Government Code,§ 130.913) A. Authorized Uses. Grant funds may only be used: 1. to increase the salary of an assistant attorney, an investigator, or a victim assistance coordinator (as defined by 34 TAC §16.300(14))employed at the prosecutor's office; or 2. to hire additional staff for the prosecutor's office. Section 4.Additional Terms A. Nonmonetary Benefits and Taxes.A minimum annual salary as described in Sections 1 and 2 of this Article does not include any overtime compensation.A salary increase includes increases required to bring a salary to the minimum annual salary as described by Sections 1 and 2 of this Article,and salary increases described by Sections 1 and 3 of this Article, and will be measured based on the salary provided on the last day of the entity's fiscal year ending in 2023,excluding any overtime. The cost of a salary increase as described in this Article includes the increase of legally required nonmonetary benefits and taxes for that salary. A salary increase does not include overtime and the cost of a salary increase does not include an increase of legally required nonmonetary benefits and taxes for overtime compensation. Grantee may only use grant funds for the legally required nonmonetary benefits and taxes for a salary if Grantee provides the minimum annual salary required by Sections 1 and 2 of this Article, if applicable. Grantee may not reduce a salary below a minimum salary required by Sections 1 and 2 of this Article to use grant funds for legally required nonmonetary benefits and taxes for that salary. B. Minimum Hourly Wage Calculation. If a person described in Sections 1 or 2 of this Article is a part- time or hourly employee, or holds a dual office or otherwise divides work hours between a position described in this Article and another position,the minimum annual salary required by Sections 1 or 2 of this Article may be converted to a minimum hourly wage and will apply only to the hours of work performed for a position described in this Article as follows: 1. for an employee with.a 40-hour work week,the minimum hourly wage shall be the product of: a. the minimum annual salary described in this Article; and b. a quotient: i. the numerator of which is equal to the number of hours the employee normally works performing duties for a position described in this Article each week,not to exceed 40;and ii. the denominator of which is equal to 40; and 2. for an employee with a county adopted work period as authorized by Section 7(k), Fair Labor Standards Act,29 U.S.C.A§ 207(k),the minimum hourly wage shall be the product of: a. the minimum annual salary described in this Article;and b. a quotient: i. the numerator of which is equal to the number of hours the employee normally works performing duties for a position described in this Article each period, not to exceed the Rural Law Enforcement Salary Assistance Program Page 3 of 8 Docusign Envelope ID:85EEB748-5572-417B-BDF2-4EA2AD7BCB74 number of hours that are nonovertime as determined under the Fair Labor Standards Act; and ii. the denominator of which is equal to the number of hours that are nonovertime as determined under the Fair Labor Standards Act. C. A person whose salary increase may be paid with grant funds under Sections 1 and 3 of this Article may be paid an increase in hourly wages if they are paid an hourly wage rather than an annual salary. D. Expenditure of Grant Funds. Subject to Article VI, Section D of this Agreement, Grantee shall expend the funds during the grant period. Funds for purchases are considered expended when Grantee is legally obligated to expend the funds. Article VI.Reimbursement A. Advance Payment.Comptroller shall disburse the grant funds as soon as practicable following the Effective Date.By making advance payment,Comptroller does not waive any requirements for the reimbursement of costs.Upon Comptroller's request,Grantee shall submit records in support of reimbursement requests. B. Deposit of Funds. Whenever possible, grant funds must be deposited and maintained in insured, interest-bearing accounts.Interest earned on grant funds is not considered program income, and Grantee must use any accrued interest for grant purposes only and on allowable costs under this Agreement. C. Eligibility for Cost Reimbursement.Comptroller will reimburse Grantee for necessary and reasonable allowable costs paid by Grantee in performance of this Agreement.Allowable costs are restricted to costs that comply with the Agreement,TxGMS,and state law.The parties agree that all the requirements of TxGMS apply to this Agreement, including the criteria for allowable costs. D. Pre-award Costs. Comptroller will reimburse Grantee for pre-award costs provided(a)the costs are incurred during the portion of Grantee's fiscal year in which this grant period occurs that precedes the date of award,if any, and(b)the costs would have been allowable under the terms of this Agreement if incurred during the grant period. Article VII.Reporting and Compliance A. Compliance Reports. Grantee shall submit a compliance report certifying compliance and detailing expenditures of grant funds using Comptroller's electronic form no later than 30 days following the expiration or termination of this Agreement. Comptroller may request supporting documentation regarding expenditures and any other information required to substantiate that grant funds are being used for the intended purpose and that Grantee has complied with the terms, conditions, and requirements of the applicable statute, the Agreement and 34 Texas Administrative Code, Chapter 16, Subchapter D. Grantee shall submit any information requested by Comptroller within fourteen (14) calendar days of the request. B. Remedies for Non-Compliance.If Comptroller finds that Grantee has failed to comply with terms and conditions of this Agreement or any other requirement described in Article III, Section 2 of this Agreement,Comptroller may: 1. require Grantee to return the grant funds or a portion of the grant funds; 2. withhold grant funds from the current grant or future grants to be received by Grantee pending correction of the deficiency; 3. disallow all or part of the cost of the activity or action that is not in compliance; Rural Law Enforcement Salary Assistance Program Page 4 of 8 Docusign Envelope ID:85EEB748-5572-417B-BDF2-4EA2AD7BCB74 4. terminate the Agreement in whole or in part; 5. bar Grantee from future consideration for grant funds under 34 Texas Administrative Code,Chapter 16, Subchapter D;or 6. exercise any other legal remedies available to Comptroller under this Agreement,at law, in equity, or otherwise. Article VIII.General A. Audit Requirements. Funds allocated in connection with this Agreement are considered to be state financial assistance for the purpose of determining the audit requirements under the Texas Grant Management Standards. If an audit is required to comply with the requirements of Texas Grant Management Standards, Grantee shall complete an audit at the end of Grantee's fiscal year. Grantee agrees that in the event of any audit findings related to state awards provided by Comptroller, Grantee will inform Comptroller within two(2)business days following Grantee's receipt of any written audit findings or reports(whether in draft or final form),and thereafter submit any documentation related to the audit findings upon Comptroller's request(including, but not limited to, a copy of the final audit report,a response to the current status of the prior year's questioned costs,copies of management letters written as a result of the audit,and action plans, if any). B. Texas Public Information Act.Comptroller is bound by the provisions of the Texas Public Information Act("TPIA"),Chapter 552,Texas Government Code. Information, documentation,and other material in connection with this Agreement may be subject to public disclosure pursuant to the TPIA. If Grantee receives a request for information related to this Agreement from a third party, Grantee shall forward the request to Comptroller within three(3)days of receipt. C. Records; Right to Audit. Grantee acknowledges that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor(or any successor agency),under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee,Grantee or other entity that is the subject of an audit or investigation by the state auditor shall provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.Comptroller further reserves the right to monitor and audit Grantee's compliance with the requirements of this Agreement. D. Funding Limitation.The Agreement shall not be construed as creating a debt on behalf of Comptroller in violation of Article III, Section 49a of the Texas Constitution.All obligations of Comptroller under the Agreement are subject to the availability of grant funds.The Agreement is subject to termination or cancellation,either in whole or in part,without penalty to Comptroller if such funds are not appropriated or become unavailable. E. Records Retention. Grantee shall maintain and retain all records relating to the performance of the Agreement, including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements.These records will be maintained and retained by Grantee for a period of five (5)years after the Agreement expiration date or until all audit, claim, and litigation matters are resolved,whichever is later. Comptroller reserves the right to direct grantee to retain documents for a longer period of time or transfer certain records to Comptroller custody when it is determined the records possess longer term retention value. F. NO INDEMNIFICATION. THE PARTIES AGREE THAT COMPTROLLER WILL NOT INDEMNIFY GRANTEE FOR ANY LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, OR ANY RELATED COSTS,ATTORNEY FEES, OR EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE IN PERFORMANCE OF THE AGREEMENT. Rural Law Enforcement Salary Assistance Program Page 5 of 8 Docusign Envelope ID:85EEB748-5572-417B-BDF2-4EA2AD7BCB74 G. Force Majeure.Neither Party shall be liable to the other for any delay in,or failure of performance,of any requirement included in this Agreement caused by force majeure.The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing Party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods,, failure of transportation, pandemic/quarantine orders or other causes that are beyond the reasonable control of either Party and that by exercise of due foresight such Party could not reasonably have been expected to avoid,and which,by the exercise of all reasonable due diligence, such Party is unable to overcome. H. Independent Contractor.The Parties agree that each Party is contracting as an independent contractor. I. Assignment. No assignment of this Agreement or of any right accruing hereunder shall be made, in whole or part,by either Party without the prior written consent of the other. J. Headings.The headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of the Agreement. K. No Waiver.This Agreement shall not constitute or be construed as a waiver of any of the privileges, rights,defenses,remedies,or immunities available to either Party as an agency of the State of Texas or otherwise available to the Party.The failure to enforce or any delay in the enforcement of any privileges, rights,defenses,remedies,or immunities available to a Party under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. L. Survival.The expiration or termination of this Agreement shall not affect the rights and obligations of the Parties accrued prior to the effective date of expiration or termination and such rights and obligations shall survive and remain enforceable. M. Severability. If one or more provisions are deemed invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision and this Agreement shall be construed as if the invalid,illegal or unenforceable provision had never been contained herein. N. Governing Law.This Agreement is governed by and construed under and in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this Agreement is fixed in any court of competent jurisdiction of Travis County,Texas,unless the specific venue is other identified in a statute that directly names or otherwise identifies its applicability to the contracting state agency. Article IX. Certifications,Representations,and Warranties By signing the Agreement, Grantee certifies its compliance with the following and all other provisions of Appendix 6 (Uniform Assurances by Local Governments) of Texas Grant Management Standards that are applicable to this Agreement. A. Compliance with Laws, Rules, and Requirements. Grantee represents and warrants that it will comply with all applicable laws,rules,and regulations,and all terms and conditions established by CPA and the State of Texas with respect to the use of Grant funds. B. Actual or Potential Conflicts of Interest Prohibited. Grantee represents and warrants that performance under this Agreement will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, Grantee represents and warrants that in the administration of the Agreement,it will comply with all conflict-of-interest prohibitions and disclosure requirements required by applicable law, rules, and policies, including the provisions under Chapters 171 and 176 of the Local Government Code and Chapter 573 of the Texas Government Code. Rural Law Enforcement Salary Assistance Program Page 6 of 8 Docusign Envelope ID:85EEB748-5572-417B-BDF2-4EA2AD7BCB74 C. Cybersecurity Training Program (Local Government System). Grantee represents and warrants its compliance with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. D. Disclosure Protections for Certain Charitable Organizations, Charitable Trusts, and Private Foundations.Grantee represents and warrants that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts,and private foundations. E. Executive Head of a State Agency. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Grantee certifies that it is not (1)the executive head of CPA,(2)a person who at any time during the four years before the date of the Agreement or grant was the executive head of CPA, or(3) a person who employs a current or former executive head of CPA. F. Law Enforcement Agency Grant Restriction. If Grantee is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code, Grantee represents and warrants that it will not use appropriated money unless the law enforcement agency is in compliance with all rules adopted by the Texas Commission on Law Enforcement,or the Texas Commission on Law Enforcement certifies that it is in the process of achieving compliance with such rules. G. Limitations on Grants. Grantee acknowledges and agrees that funds received under this Agreement will be expended subject to the limitations and reporting requirements similar to those provided by the following: Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no requirement for increased salaries for local government employees; Sections 556.004, 556.005, and 556.006 of the Texas Government Code;and Sections 2113.012 and 2113.101 of the Texas Government Code. H. Lobbying Expenditure Restriction. Grantee represents and warrants that payments to Grantee and Grantee's receipt of appropriated or other funds under the Agreement are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code,which restrict lobbying expenditures. I. Political Polling Prohibition.Grantee represents and warrants that it does not perform political polling and acknowledges that appropriated funds may not be granted to, or expended by, any entity which performs political polling. J. Public Camping Ban.Grantee certifies that it has not received a fmal judicial determination finding it intentionally adopted or enforced a policy that prohibited or discouraged the enforcement of a public camping ban in an action brought by the Attorney General under Section 364.003 of the Local Government Code. If Grantee is currently being sued under the provisions of Section 364.003 of the Local Government Code, or is sued under this Section at any point during the duration of this grant, Grantee must immediately disclose the lawsuit and its current posture to Comptroller. Article X.Notices;Liaison Any notice relating to this Agreement,which is required or permitted to be given under this Agreement by one party to the other party shall be in writing and shall be addressed to the receiving party at the address specified below. The notice shall be deemed to have been given immediately if delivered in person to the recipient's address specified below. It shall be deemed to have been given on the date of certified receipt if placed in the United States mail, postage prepaid, by registered or certified mail with return receipt requested,addressed to the receiving party at the address specified below. Registered or certified mail with return receipt is not required for copies. Rural Law Enforcement Salary Assistance Program Page 7 of 8 Docusign Envelope ID:85EEB748-5572-417B-BDF2-4EA2AD7BCB74 The address of Comptroller for all purposes under this Agreement and for all notices hereunder shall be: Comptroller: Texas Comptroller of Public Accounts ATTN: Contracts Section 111 E 17th Street,Room 310C Austin,Texas 78774 With copy sent via electronic mail to contracts@cpa.texas.gov The address of Grantee for all purposes under this Agreement and for all notices hereunder shall be: Grantee: Office of the District Attorney of Brazos 300 E. 26th street, Suite 310 Bryan Texas 77803 Contact Person: Jarvis Parsons District Attorney jparsons@brazoscountytx.gov 9793614320 Article XI. Signatories IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their undersigned, duly authorized representatives. This Agreement may be executed in one or more counterparts, each of which is an original,and all of which constitute only one agreement between the Parties. Texas Comptroller of Public Accounts Brazos swne,a BY Usa(ram BY ,l ms paysows Lisa Craven Jarvis Parsons Deputy Comptroller District Attorney DATE 9/23/2024 1 10:55 AM CDT 9/23/2024 1 8:51 AM PDT DATE Rural Law Enforcement Salary Assistance Program Page 8 of 8 4q Pam.-•�v t•.. 73*OF 84'.. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Acceptance of the Grant Award for the Brazos County Bullet-Resistant Shield Grant Program. The granting agency is the Governors Office of the State of Texas and we have 4 Constables participating for a total award of$105,162.26. TO: Commissioners Court DATE: 10/03/2024 FISCAL IMPACT:. False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description 7vue Statement of Award for Shields 24-25.pdf Statement of Grant Award Cover Memo APPROVED Duane Peters Date County Judge 0 —Statement of Grant Award(SOGA) - The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,depaituients, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the`Narrative'and`Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements.In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20,Subchapter E,Division 4 of the Texas Administrative Code,and the Texas Grant Management Standards(TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published I by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding.The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 5117701 Award Amount: $105,162.26 Date Awarded: 9/30/2024 Grantee Cash Match: $0.00 Grant Period: 09/01/2024-08/31/2025 Grantee In Kind $0.00 Match: Liquidation Date: 11/29/2025 Grantee GPI: $0.00 Program Fund: SH-Bullet-Resistant Shield Grant Program Total Project Cost: $105,162.26 Grantee Name: Brazos County Project Title: Brazos County Bullet-Resistant Shield Program Grant Manager: Luis Vasquez Unique Entity Identifier D1H3VK7MLAG8 (UEI): CFDA: N/A Federal Awarding Agency: NA Federal Award Date: N/A- State Funds Federal/State Award ID Number: 2025-SH-ST 0000 Total Federal Award/State Funds $50,000,000.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award Description: This purpose of this funding is to equip peace officers with bullet-resistant shields. ._S�PTE Op�A_• „.\7*„2„: ..... BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Acceptance of the Grant Award for the Brazos County Rifle-Resistant Body Armor Program. The granting agency is the Governors Office of the State of Texas and we have the Sheriff and 3 Constables participating for a total award of$15,440.91. TO: Commissioners Court DATE: 10/03/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvoe StatementofAward__Body_Armor_24 Statement of Grant Award Cover Memo 25.pdf APPROVE 141111111bil /VOA, Duane Peters Date County Judge Statement of Grant Award(SOGA) - - -- The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms,conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations,and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants,agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative'and'Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements.In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to:2 CFR Part 200,Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code,and the Texas Grant Management Standards(TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made,and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds;and any applicable documents referenced in the documents listed above.For grants awarded from the U.S.Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA),all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding.The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s), if any,cited below: Grant Number: 5134301 Award Amount: $15,440.91 Date Awarded: 9/30/2024 Grantee Cash Match: $0.00 Grant Period: 09/01/2024-08/31/2025 Grantee In Kind $0.00 Match: Liquidation Date: 11/29/2025 Grantee GPI: $0.00 Program Fund: BG-Rifle-Resistant Body Armor Grant Program Total Project Cost: $15,440.91 (BAGP) Grantee Name: Brazos County Project Title: Rifle-Resistant Body Armor Program Grant Manager: Luis Vasquez Unique Entity Identifier D1H3VK7MLAG8 (UEI): CFDA: N/A Federal Awarding Agency: N/A-State Funds Federal Award Date: N/A-State Funds Federal/State Award ID Number: 2025-BG-ST 0025 Total Federal Award/State Funds $10,000,000.00 Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Criminal Justice Division(CJD) Is the Award R&D: No Federal/State Award Description: To equip law enforcement officers at risk of shootings with rifle-resistant body armor. o .sue 81.1 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: District Clerk NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Approval of Juror Payment Authorization Forms and Daily Rate for FY 2025. TO: Commissioners Court FROM: Angela Lara DATE: 10/02/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvne $20 Juror Payment Form.pdf $20 Juror Payment Authorization Form Cover Memo $58 Juror Payment Form.pdf $58 Juror Payment Form Cover Memo APPROVE Duane eters Date County Judge Brazos County •�'tPt'e'op•... 300 E.26thSt.Suite 2214 1 6Bryan TX 77803 *= (979)361-4224 ,�hY dA?''"- Gabriel Garcia District Clerk. JUROR PAYMENT AUTHORIZATION FORM Juror Name: Summons ID: Court: Date: Reimbursement Rate: $20.00 Amends Government Code,Section 61.001(a) and 61.0015(a) Thank you for your jury service in Brazos County.Texas law entitles you to receive reimbursement for your travel and other expenses. In Brazos County,the rate is set at$20.00 for the day of Jury Selection. If you are selected to serve as a juror,you are entitled to receive$58.00 per date after the first day. Section 61.001(a)(2) Again,thank you for your service. Gabriel Garcia, District Clerk *Please check one of the following: ❑ I want to be paid. OR ❑ I would like to donate to:Crime Victims'Compensation Fund- Provides service to assist victims of crime. OR ❑ I would like to donate to: Brazos County Child Welfare Board- Advocates for the protection of children from abuse and neglect. *Juror's Signature Date By my signature, I acknowledge that I have directed the Brazos County Treasurer to disburse the funds as indicated above. *ALL FUNDS NOT DESIGNATED WILL BE RETAINED BY BRAZOS COUNTY T B p F'•. Brazos County rs��_--... s 300 E.26thSt.Suite 2214 Bryan TX 77803 s`f. > *j (979)361-4224 4,1 Gabriel Garcia District Clerk JUROR PAYMENT AUTHORIZATION FORM . Juror Name: Summons ID: Court: Date: Reimbursement Rate: $58.00 Section 61.001(a)(2) Thank you for your jury service in Brazos County.Texas law entitles you to receive reimbursement for your travel and other expenses. Now that you have been selected as a juror or Jury Selection has lasted more than one day,you are entitled to receive$58.00 per day after the first day. Sincerely, Gabriel Garcia, District Clerk *Please check one of the following: ❑ I want to be paid. OR ❑ I would like to donate to:Crime Victims'Compensation Fund- Provides service to assist victims of crime. OR ❑ I would like to donate to: Brazos County Child Welfare Board- Advocates for the protection of children from abuse and neglect. *Jurors Signature Date By my signature, I acknowledge that I have directed the Brazos County Treasurer to disburse the funds as indicated above. *ALL FUNDS NOT DESIGNATED WILL BE RETAINED BY BRAZOS COUNTY 10/4/24,8:04 AM - Item Coversheet '® ry o��!` BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Risk Management NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Approval to participate in TxDOT's Commercial Vehicle Travel Survey to help plan for local transportation improvements and to project future infrastructure needs. TO: Commissioners Court FROM: Leslie Contreras DATE: 10/02/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type TxDot Bryan College_Station Authorization Letter 2024.docx Authorization Letter from TxDOT to Businesses Backup Material APPROVE -0Z -2-16 Duane Peters Da e County Judge hltps:l/brazos.novusagenda.com/AgendaWeblCoverSheet.aspx?ItemID=29580 1/1 TM 125 E 11th St I Austin, Texas 78701 ,Texas 512.463.8588 ransporta tXdot. ov of Transportation g Greetings, Esteemed Business Owner, I would like to introduce myself as the Travel Survey Program Manager for the Texas Department of Transportation (TxDOT}, which is currently conducting travel surveys among workplaces in the Bryan College Station area. TxDOT's Commercial Vehicle Travel Survey, conducted by the nationally recognized survey research firm ETC Institute, is contracted to collect travel data. Over the next few weeks,an ETC Institute representative will contact you to request your organization's participation in the travel study.Taking part in this brief data collection effort will not involve any person-to- person contact and it will only require a few minutes of your drivers'time. By participating in this survey, your workplace will be properly represented and TxDOT and its partners will use the compiled and anonymized data to plan for local transportation improvements and to project future infrastructure needs. Information provided will be used for travel demand modeling purposes and kept confidential, except as provided by the Public Information Act. Please go to the following link to learn more about our travel survey program: wyvw.txdot.qov/proiects/planninq/texas-travel-survey.html Please contact Liz Corber at Liz.Corber@etcinstitute.corn or call 913.909.2661 to coordinate your participationin our survey, or with any questions. Thank you for your support and participation, Regar , e....V‘...._ • Sonya Solinsky Travel Survey Program Manager Texas Department of Transportation Connecting You with Texas An Equal Opportunity Employer Leslie Contreras • From: Mary Wirtz <mary.wirtz@etcinstitute.com> Sent: Thursday,October 3,2024 11:10 AM To: Leslie Contreras Subject: RE:TxDOT Vehicle Project Confirmation Attachments: TxDot Bryan College Station Authorization Letter 2024.docx Brazos CountyeDisclaimer .N j • A • , **•***Thus is an a ail•,from an EXTERNAL source.DO NOT,click links or o en attachments unless 'ou reco nizethe sender and have verified that the.content is,safe:Never enterUSERNAME,PASSWORD or sensitive information:'on pages.hnked from this email:** * Good morning, Leslie. You and I were just speaking on the phone.Thank you for agreeing to participate in the TxDOT Vehicle Study. Our Field Supervisor will visit your business on;0ctober22nd,to drop off seven (7)travel devices for your vehicles.She will be available to answer any questions at that time.The devices are preprogrammed and will only need to be placed in the vehicles on the travel date;of:Wednesday,October23rd. We're interested in the business-related travels that personal vehicles (utilized for business purposes) or business-owned vehicles make on the travel date. Our Field Supervisor will return to retrieve the travel devices once the travel day is completed. This is the web link of how the data collected has directed infrastructure improvements in the state. https://www.txdot.gov/inside-txdot/division/transportation-planning/travel-survev.html. The TxDot authorization letter is attached for your review. The information collected by ETC Institute will be used by TxDOT and local communities to plan for local transportation improvements and to project future infrastructure needs for the region, and for travel demand modeling. All information and data provided will`be.anonymized and kept;confidential. Please reach out to me at my direct number below if you have any further questions. Safe Travels. Kind regards, Mary C. Wirtz ETC Institute marv.wirtz@etcinstitute.com 512.691.1744 (direct) `t EtC INSTITUTE 725 W Frontier Circle Olathe,KS 66061 www.etcinstitute.com 1 ............Op•. .=•�,� fir•. : E ..%*) aGas ,,y°g: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Request from Emergency Management forthe following personnel changes with effective date of October 12,2024. This change has no affect to Emergency Managements FY 2025 budget. • a.Decrease B1906-1 Emergency Management Planner,Group 20 Step 9 to Group 20 Step 6,Hourly Full-Time • b.Increase B1904-1 Deputy Emergency Management Coordinator,Group 21 Step 12 to Group 21 Step 14,Hourly Full-Time TO: Commissioners Court FROM: Nina Payne DATE: 10/01/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Emergency Management-Division 35500100 ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description Tvoe Emergency_Management 10.124.pdf Emergency Management Personnel Change Backup Material APPROVE Duane Peters D to County Judge (*.i.47(4_ , 7.:1;1 •• G.,•r.. .�ti: .•.yrYof te-. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Request from the County Clerk for the following personnel changes with effective date as of October 12,2024. This change has no affect to the County Clerk's FY 2025 budget • a.Decrease B1311-1 Deputy County Clerk I,Group 13 Step 6 to Group 13 Step 4. Hourly Full-Time • b.Increase B1313-2 Deputy County Clerk 11,Group 14 Step 4 to Group 14 Step 5, Hourly Full-Time TO: Commissioners Court FROM: Nina Payne DATE: 10/01/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: County Clerk-21000100 ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name Description XyRe County Clerk 10.1.24.pdf County Clerk Personnel Change Backup Material APPROVED qlk Duane Peters D:to County Judge :*i l'r*' 1*1 _,rYOFaI-_: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Approval requested to expend$1,000,000 budgeted in fiscal year 2024-2025 for Other Post Employment Benefits. The funds will be transferred to the OPEB trust managed by Public Financial Management and to be invested;principal and earnings to benefit Brazos County retiree health insurance. TO: Commissioners Court FROM: Nina Payne DATE: 10/01/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Fund 01000-General Fund SOURCE OF FUNDS: Division 11000500-Non-Departmental Account 53310100-Other Post-Employee Benefit • ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS: File Name pescription Tvne No Attachments Available APPROVE /¼f Duane Peters Date County Judge 1 0 l =..��G�,�l.gAry0g rp OF.9/'= BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Human Resources NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Approval requested from Human Resources to write off outstanding account receivables in the amount of$3,088.81. This amount is believed to be uncollectible. TO: Commissioners Court DATE: 10/02/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Request To_Write Oft Outstanding ARMemo=Request to Write Off Outstanding AR Memo Cover Memo _Barrentine-C ro sthwaitdocx Outstanding-AR - Judy_Crosthwait.pdf Outstanding AR-Judy Crosthwait Backup Material Outstanding_AR Wilhetmina_Barrentine.pdf Outstanding AR-WiiheirninaBarrenline Backup Material APPROVED „Zf4 Duane Peters Date County Judge 10/3/24,6:27 PM ' Item Coversheet TA r `.k VA. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Approval requested to offer electronic only delivery of W-2 Statements. TO: Commissioners Court DATE: 10/02/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 Requesting permission to offer the ability for current employees to receive their W-2 NOTES/EXCEPTIONS: exclusively by electronic delivery. Current employees will still have the option to choose delivery by mail. ACTION REQUESTED OR Approval ALTERNATIVES: ATTACHMENTS: File Name Description Type W2 Electronic Delivery Consent Notice.pdf W2 Electronic Delivery Consent Notice Backup Material W2 Electronic Delivery Reeuest.pdf Request Backup Material APPROVED fti lb -4.. Duane_ 'eters P ate County Judge https://brazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?Item1D-29582 1/1 S d , Cristian Villarreal cs °o, r"°% County Treasurer rr or 8?. Brazos County Administration 200 S. Texas Ave., Suite 240 Bryan,Texas 77803 979-361-4340 MEMORANDUM DATE: October 3, 2024 TO: Hon. Duane Peters, County Judge Hon. Steve Aldrich, Commissioner Pct. 1 Hon. Chuck Konderla, Commissioner Pct. 2 Hon.Nancy Berry, Commissioner Pct. 3 Hon. Wanda Watson, Commissioner Pct. 4 FROM: Cristian Villarreal, County Treasurer RE: Electronic Delivery of W-2 Statements I am requesting the Commissioners Court approval to offer the ability for current employees to receive their W-2 exclusively by electronic delivery. Offering this to current employees will reduce the risk of loss W-2s in the mail and reduce the cost of mailing and printing W-2s. This is not a requirement to receive their W-2 electronically. Current county employees are still able to receive a paper copy by mail if they choose. Receiving their W-2 by mail will be the default option. All former employees at the time of W-2 issuance will automatically receive a paper copy. If approved, this will be implemented for Calendar Year 2024 W-2s. The notice to employees contains the disclosures required by the IRS for the county to offer this. • Sklir i ,i..S.*kt: . le Vtp, BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Approval of the Payroll Disbursements for FY2025. TO: Commissioners Court DATE: 1 0/0212 0 24 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ACTION REQUESTED OR Approval ALTERNATIVES: ATTACHMENTS:. File Name Description Type Payroll Approval.pdt Payroll FY 25 Backup Material • APPRO .` :II Duane Peters Date County Judge q , gym'.. • C YF 1 Ir Cristian Villarreal i ,G.; y$• County Treasurer Brazos County Administration 200 S.Texas Ave., Suite 240 Bryan,Texas 77803 979-361-4340 1 DATE: October 2,.2024 TO: Hon. Duane Peters, County Judge Hon. Steve.Aldrich,Commissioner Pct. 1 Hon. Chuck Konderla,Commissioner Pct. 2 Hon.Nancy Berry, Commissioner Pct. 3 Hon. Wanda Watson, Commissioner Pct. 4 FROM: Cristian Villarreal, County Treasurer RE: Approval of Annual Payroll Disbursements Approval requested to disburse payments related to Brazos County Payroll for Fiscal Year 2025 (10/01/24-9/30/25) up to the amount of SALARY AND WAGES $ 70,977,684.00 BENEFITS $39,896,585.00 TOTAL $ 110,874,269.00 Fund01000 Fund11000 Fund20000 Fund23000 Fund27000 Fund29000 Fund34000 Fund30000 Fund32000 Fund5000 GeneralEund tiQLFund CCAecdrdsHtgtEund DCtlgtFund BallBdnd&oard YehlclelmentnWEund DACrlmefund (rant Fund SR22Eund El&Eund Total Salary&Wages 66,049,023.00 170,364.00 134,033.00 77,300.00 4,001.00 11,100.00 84,512.00 3,394,644.00 439,118.00 613,589.00 70,977,684.00 Benefits 37,844,757.00., 76,620.00 84,743.00 19,304.00 1,011.00. 2,805.00 39,520.00 1,461,116.00 110880.00 255,829.00 39,896,585.00 Total 103,893,780.00 240984.00 218,776.00 96.604.00 5,012.00 13,905.00 124,032.00 4,855,760.00 549,998.00 869,418.00 110,874269.00 • • •'''''''''''' .....„.„.„..... ::,,,.. . _ ......,..... ,,,.7 . , ,,t,.. 40, It- . , • ,,,_, , , r /el,: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Risk Management • NUMBER: DATE OF COURT MEETING: 10/8/2024 ITEM: Approval requested for the Risk Manager to be granted signature authority for insurance applications. Signatures on these applications do not bind the county to any contract or cost but instead gives information on the County's risk appetite and allows the contracted broker to market quotes on the County's behalf. TO: Commissioners Court FROM: Leslie Contreras DATE: 10/03/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tvoe W Attachments Aeilable • APPROVE Veca y Duane Peters Date County Judge 411aflt Request to Bind Coverage County of Brazos, TX EFFECTIVE DATE: 10-1-2024 to 10-1-2025 We have reviewed the proposal and agree to the terms and conditions of the coverages presented. We are requesting coverage to be bound as outlined by coverage line below: Coverage Line r Cyber Bind�Coverage for � __— . Carrier: Beazley Furlonge Ltd—Lloyd's Syndicate 2623/623 • $2,000,000 Limit Option ❑ • $3,000,000 Limit Option V. • $5,000,000 Limit Option Carrier: Fusion -Obsidian Specialty Insurance • $2,000,000 Limit Option ❑ • $3,000,000 Limit Option ❑ This Authorization to Bind Coverage also acknowledges receipt and review of all disclaimers and disclosures, including exposures used t velop insurance terms,contained within this proposal. ( 'o I(20a - ci;:) ure of Authorized Insured Representative Date CooJtWiet Title Th,k_oLne Printed I Typed Name This proposal does not constitute a binder of insurance. Binding is subject to final carrier approval. The actual terms and conditions of the policy will prevail. www.alliant.com I CA License No.0C36861 Page 19 4IIiant Other Disclosures/Disclaimers- Continued Certificates/ Evidence of Insurance A Certificate or Evidence is issued as a matter of information only and confers no rights upon the certificate holder. The certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by a policy, nor does it constitute a contract between the issuing insureds), authorized representative, producer or recipient. You may have signed contracts, leases or other agreements requiring you to provide this evidence. In those agreements,you may assume obligations and/or liability for others(Indemnification, Hold Harmless)and some of the obligations that are not covered by insurance. We recommend that you and your legal counsel review these documents. In addition to providing a Certificate or Evident of Insurance,you may be required to name your landlord,client or customer on your policy as a loss payee on property insurance or as an additional insured on liability insurance.This is only possible with permission of the insurance company,added by endorsement and,in some cases;an additional premium. By naming the certificate holder as additional insured, there are consequences to your risks and insurance policy including: ■ Your policy limits are now shared with other entities;their claims involvement may reduce or exhaust your aggregate limit. • Your policy may provide higher limits than required by contract; your full limits can be exposed to the additional insured. ■ There may be conflicts in defense when your insurer has to defend both you and the additional insured. ■ An additional insured endorsement will most likely not provide notification of cancellation. Some insurance companies use a"blanket"additional insured endorsement that provides coverage automatically when it is required in a written contract. Most insurance companies do not want to be notified of all additional insureds when there is a blanket endorsement on the policy. If a notice of cancellation is required for the additional insured party, you must notify us immediately and we will request an endorsement from your insurance company.There may be an additional premium for adding a notice of cancellation endorsement for an additional insured. See Request to Bind Coverage page for acknowledgment of all disclaimers and disclosures. www.alliant.com I CA License No.0C36861 Page 18 October 8,2024 Beazley Furlonge Ltd.-Lloyd's Syndicate 2623/623 Beazley Group 22 Bishopsgate London EC2N 4BQ United Kingdom Re: Proposal for Beazley Breach Response Proposed Effective Dates: October 1,2024 to October 1,2025 To Whom It May Concern: The Applicant declares that none of the Applicant's or any of its subsidiaries'principals, partners,officers,directors,general counsels(including any staff attorneys)or risk managers(or any person in a substantially similar position as those referenced above,or with substantially similar responsibilities as those referenced above,irrespective of the exact title of such individual,and any individual who previously held any of the above referenced positions)is aware of any acts,errors,omissions,circumstances or incidents or suspected incidents that reasonably might give rise to a claim or loss under the proposed insurance. ck Must be signed by corporate officer with authority to sign on Applicant's behalf Project Number: 2406-C-51723 Map Number: 252-376 RIGHT OF WAY EASEMENT STATE OF TEXAS} COUNTY OF BRAZOS} KNOW ALL MEN BY THESE PRESENTS That BRAZOS COUNTY TEXAS, hereinafter called the Grantors, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,do grant unto the City of Bryan,a Texas home rule municipal corporation,doing business as"Bryan Texas Utilities" ("BTU") and to its successors and assigns, an easement and right-of-way upon, under, over, and across property owned by Grantor and located in the County of Brazos, State of Texas, which property (the "Property")is described as follows: (Describe only the part of Grantor's Property covered by this easement) BEING ALL that certain lot,tract, or parcel of land being part of the ST JOSEPH PROFESSIONAL PARK, BLOCK 1, LOT 1,ACRES 11.1, Brazos County,Texas.As described in plat of Record in Volume 18719, Page 264, Deed records of Brazos County, Texas. Filed for record under Brazos County Clerk's File No 1506260. (herein the"Property") (herein the"Property") BEGINNING and ending as shown the attached Exhibit"A" The width of this easement hereby granted is described as follows:A 10'wide electrical easement on underground primary as shown on the attached Exhibit"A". (herein the"Easement") The Easement Area granted by this instrument(the"Easement")is subject to the following conditions: 1. BTU has the right to install, operate, relocate, construct, reconstruct, add to, maintain, inspect, patrol, enlarge, repair, remove and replace Utility Facilities upon,over,under,and across the Property included in the Easement and to remove Utility Facilities from the Property,and the right of ingress and egress on Grantor's property adjacent to the Easement for the same purposes. For purposes of the Easement,the phrase"Utility Facilities"shall include a variable of number of cables,conductors or wires,insulators, cross arms, protective devices,meters,terminal boxes,transformers,structures, poles, props, guys, anchors, conduit, and other necessary and desirable devices relating to electric energy and/or communication. 2. BTU has the right to trim and/or remove,without payment due to Grantor, all trees, branches, underbrush or any other obstruction which might endanger or interfere with the operation,safety,or efficiency of the Utility Facilities on the Property on which the Easement is located. 3. The Grantor covenants for itself, his or her personal representatives, executors, and/or successors and assigns, not to place or maintain any building,structure,or any other obstruction on or within the Easement, or to use the surface of the Easement Area for any purpose that would interfere with or prevent the use by BTU of the Easement for the purposes set forth herein. The grantor shall have the right to use the surface of the Easement for streets, roads, driveways, alleys, walks,gardens,lawns,plantings or park areas and any other like uses. 4. BTU has the right to assign all or part of the rights granted to it,pursuant to this Agreement it receives under the Easement. The Easement will inure to the benefit of BTU and BTU's successors and assigns. 5. Grantor acknowledges and agrees that the location of the Easement is based only on preliminary surveys and that the rights granted by this Easement shall apply to the actual location of Utility Facilities,when constructed. 6. Grantor binds Grantor and Grantor's heirs, successors, and assigns to WARRANT and FOREVER DEFEND, all and singular,the rights and premises granted to BTU by this instrument. 7. Grantor covenants,represents and warrants that Grantor has good and marketable title to the Property and the unqualified right to grant the privileges contained herein. Project Number.2406-C-51723 Map Number. 252-376 IN WITNESS WHEREOF,the Grantors execute this instrument this day of � -vb�✓ ,AD 2024. BRAZOS COUNTY TEXAS By: Duane Peters, Brazos County Judge • STATE OF 7� COUNTY OF Before me,the undersigned autfibrity,on this day personally appeared �.�v_s .,c .i-kih- whose name is subscribed to the foregoing instrument and acknowledged to me that _ .a- executed th same for the purposes and consideration therein expressed. Given under m d and seal of office fits "-day of�- .,AD 2024. Notary Public/State of 1�-e e MARSHAANDERSON Notary Public,State of Tensr My Comm.Exp. 3ebmay 115,2027 CUSTOMER NAME JOHNSTON LLC PHONE 713-824-7894 SERVICE ADDRESS 3037 E 29TH ST EXHIBIT"A" PROJECT NO 2406-C-51723 JOB NO JOB1 • BRYAN TEXAS UTILITIES 979-821-5770 , \ N \I. N f. !f -// 3037 \ NN N BRYAN TXAS UTILITITES //‘;‘, • \ 10'PRIMARY!EASEMENT / \\ `-`` Ot' • \ �r \ • STJOSEPH PROFESSIONAL PARK, S• BLOCK 1,LOT 1,ACRES 11.1 0 \ VOLUME 187,19,PAGE 264 / . Scale:1'w 62 feat THE DIFFERENCE 1s YOU DAMAGE WAIVER The Customer,whose name is shown below,,requests that Bryan Texas Utilities ("BTU") dig a trench, drill a hole for a pole, excavate for any other designated purpose, and/or enter Customer's property to perform work or service on or near the Customer's property in order to establish or maintain proper electrical service, provide lighting, or perform some other work or service beneficial to the Customer. The Customer agrees to (1) locate and clearly mark, or preferably expose by digging, any underground facilities such as water pipes, gas pipes, conduit, cable, or any other facility near or in the area of excavation and (2) indemnify and hold BTU harmless from, and to assume all responsibility for any liability or damages arising from or relating to such work or service, including all damages to the premises or to any real or personal property of the Customer (including animals or livestock or any kind) that may be located on or near the premises. For the installation, or provision, of conduit as needed for underground electric secondary service installation, the Customer elects Option: A B (circle one) as explained in the BTU Service Entrance Requirements Manual. (Options A and B are only applicable to residential customers located within the City limits of Bryan or College Station) By signing this document, the Customer acknowledges receipt of BTU's Service Entrance Requirements Manual. The Customer hereby warrants that he/she is the owner of the premises on which the work or service is to be performed, or that he/she is otherwise authorized to grant this waiver of indemnification of liability to BTU. Location: 3037 E. 29th St. Project#: 2406-C-51723 Printed Nam A l✓r =R-S Title: CDu r.rr•f Do,E. Sig nature: Date: l 01 91aq- • Revised 2/14/2020 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND ARTS COUNCIL OF BRAZOS VALLEY THIS AGREEMENT FOR THE FUNDING ("Agreement") is made and entered into by and between ARTS COUNCIL OF BRAZOS VALLEY,a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ("ACBV"), and Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ("County"). RECITALS: WHEREAS, County finds a public purpose in creating awareness of the fine arts among members of the public; and WHEREAS, ACBV provides assistance to local arts organizations of the County through funding support, advocacy, outreach, marketing and partnership building; and WHEREAS, ACBV provides programs involving education, cultural enrichment and heritage preservation of and for Brazos County residents and visitors; and WHEREAS, ACBV provides educational'programs and opportunities to children, youth, adults and seniors through providing arts related programs, scholarships for young people, assisting County arts organizations in the development and institution of said educational programs; and WHEREAS, ACBV fosters creative learning, community involvement, quality of life and tourism through said above listed programs and activities; and WHEREAS, ACBV provides and maintains a public cultural facility and provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 100,000 participants, and resulting in significant purchases of goods and services from Brazos County, Texas merchants; and WHEREAS, ACBV has provided funding to assist local performing, visual, educational, and literary arts groups,(collectively"Services"). NOW, THEREFORE,COUNTY and ACBV hereby agree as follows: AGREEMENT . 1. ACBV through its programs, funding and support of member organizations agrees to provide the above enumerated services, which it has provided and agrees to continue to provide in support of arts, cultural and heritage organizations. 2. County,for and in consideration of the services provided to County,hereby agrees to pay to ACBV a total payment of$12,000.00 ("Funds")for the year beginning October 1, 2024 and ending September 30, 2025. Payment of such sum will be paid upon receipt of invoice. 3. ACBV agrees to provide an annual account of how the Funds were spent to meet the above-described services on or before August 31,2025. ACBV agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. 4. ACBV agrees to provide Brazos County Commissioners Court with a table at the Celebrate the Arts Event and shall recognize Brazos County as a sponsor of the event. 5. ACCOUNTING AND AUDIT ACBV 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.ACBV 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.ACBV 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. ACBV 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 ACBV under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of ACBV. 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 ACBV 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 ACBV. Annual financial statements (audited if available) are due to County within six (6) months of completion. 6. RECORD RETENTION The ACBV 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 ACBV 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. 7. 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 or omission or negligence on the part of each party hereto. 8. INSURANCE The parties hereto agree that the ACBV 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. 9. COUNTY INVOLVEMENT The County and ACBV 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. 10. 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. 11. 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: Arts Council of Brazos Valley Brazos County Commissioners Court 4180 Highway 6 South 200 So.Texas Ave. No.310 College Station,TX 77845 Bryan,Texas 77803 12. • 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. 13. 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. 14. 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 Agreements,which are not fully expressed herein. 15. ASSIGNABILITY This Agreement Is not assignable by the ACBV 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. A Council of Brazos Valley, Inc. Brazos.County,Texas By: By: Ctr) Chief Executive Officer Duane Peters, County Judge Date: 7J2.0 av / Date: o 1 oe Paz/ By: Attest:tkCko VI Q.cnop-- Grover Vos, President Karen McQueen, County Clerk Date: 7/174 7 *e•dt14214XErAgi-Pw.—__. 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.sani.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 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: The Arts Council of Brazos Valley Authorized Company Representative: Leslie Bowfin Address: 4180 State Highway 6 South C liege Station,Texas 77845 Signature: 9 . ,' • Date: "11 (i l W XL, Contract#: 25-032 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 If there are interested parries. 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 farm,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1216605 The Arts Council of 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 09/19/2024 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. 25-032 Artistic Programming Nature of interest 4 Name of Interested PartyCity,State,Country ty (place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN CLARATION . My name Is (� 3�"+�',' ' , and my date of birth Is 01/04 My address is 41 dV -�j /A" 6 lt�� nt5� 1l ''.T7oc/.� ?) wJ (stre 2� (city)` (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. 44— Executed In County, tate of lAA—, ,an the (9 day of ,20 ay. (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.48da51f7 FUNDING AGREEMENT BETWEEN BRAZOS CONTY AND BIG BROTHERS BIG SISTERS 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 BIG BROTHERS BIG SISTERS OF SOUTH TEXAS SERVING THE BRAZOS VALLEY, hereinafter referred to as ("BBBS")a non-profit organization dedicated to the improvement of Brazos County, and is effective October 1, 2024. RECITALS: WHEREAS, BBBS conducts the oldest, largest and most effective youth mentoring organization in the United States. It has been the leader in one-to-one youth service for more than a century,developing positive relationships that have a direct and lasting impact on the lives of young people; and WHEREAS, BBBS serves children, ages 6 through 16, in communities across the country—including Brazos County;and WHEREAS, BBBS seeks to help Brazos County children reach their potential through professionally supported, one-to-one relationships with measurable impact by providing successful mentoring relationships for all children who need and want them, contributing to better schools, brighter futures, and stronger communities for all; and WHEREAS, to accomplish the above stated public purposes, BBBS recruits, screens, trains, and matches adult mentors with Brazos Valley youth who desire a mentoring relationship;and WHEREAS, the County desires to assist BBBS in their efforts to promote the public purpose of providing successful mentoring relationships for all children who need and want them,contributing to better schools,brighter futures, and stronger communities for all;and NOW, THEREFORE,both parties agree to the following terms and conditions: AGREEMENT 1. FUNDING The County, for and in consideration of the services provided to County, hereby agrees to pay BBBS a total payment of $40,000.00 ("Funds") for the year beginning October 1,2024 and ending September,30,2025. Payment of such sum will be paid upon receipt of invoice. Big Brothers Big Sisters Agreement Pagel of5 2. TERM OF AGREEMENT This Agreement shall be for a term of twelve (12)months commencing on the 16t day of October 2024 and terminating on the 30th day of September 2025. 3. ACCOUNTING AND AUDIT BBBS 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. BBBS 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 BBBS have not been expended in comportment with this Agreement,this Agreement shall automatically terminate and BBBS may be required to return to the County such Funds that were not properly expended. BBBS 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. BBBS 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. EBBS 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. BBBS 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 EBBS under prior Agreements. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of BBBS. 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 BBBS 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 BBBS. 4. RECORD RETENTION Big Brothers Big Sisters Agreement Page 2 of 5 BBBS 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 BBBS with funding. 6. 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 BBBS 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 BBBS 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: Big Brothers Big Sisters Agreement Page 3 of5 Big Brothers Big Sisters Brazos County Terry Dougherty do Commissioners Court 315 Tauber St 200 S.Texas Ave. No.310 College Station,TX 77840 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 BBBS without the prior written consent of the County. Big Brothers Big Sisters Agreement Page 4 of 5 WITNESS OUR HANDS this 6136 day of DAVE , 2024. BIG BROTHERS BIG SISTERS OF SOUTH TEXAS A thoriz Representative BRAZOS COUNTY,TEXAS ATTEST: Duane Peters, County Judge Karen McQueen, Brazos County Clerk lte I Big Brothers Big SistersAgreement Page 5 of 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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 of business entity filing farm,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1218136 Big Brothers Big Sisters of the 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 09/23/2024 being filed. Brazes County,Texas Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract 25-028 One-to-one mentoring for at-risk youth 4 Nature of interest 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 r DECLARATION a G My name is Ij�Y J l , end my date of birth is o)f e j j I IQ7-- . U f My address is "7 O( (s p. y� __ __ yn� iv '7ttt�g 4v, u S et) (city ink_7(sstate) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Ent U 'S- County,State of'lei Vl ,on the 7.3'aa'y of se.j 4-, ,2024-7 (month) (year) Si nature of authorised agent f ntracting business entity (Dsciaran 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 (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:/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://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 Chhapter.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:' lica�7Vo PUJ5 .c IS Q� 5 a y.95 Authorized Company epresentative: eafeAtY, Address: 369h 00 lli i Mar -- (� Signature: eleir I J 44 Date: oci 1-2Z 1207-4-- Contract#: FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION THIS FUNDING AGREEMENT ("Agreement") is effective October 1, 2024 by and between BRAZOS COUNTY,TEXAS,a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County"), and the BRAZOS VALLEY ECONOMIC DEVELOPMENT CORPORATION,a Texas non-profit corporation(hereinafter referred to as "BVEDC"). RECITALS: WHEREAS,the Commissioners Court of Brazos County desires to stimulate business and commercial activity in the County;and WHEREAS, the County wishes to contract with BVEDC as its agent pursuant to TEX. LOC. GOV'T CODE ANN. §381.004 to administer the County's program for local economic development(herein the Brazos County Economic Development Program);and WHEREAS,the County desires to diversify its economy,increase and broaden its tax base, provide more and better employment opportunities for its citizens and promote the general public welfare;and WHEREAS, it is important to the County to attract and expand business,commercial and industrial enterprise in order to accomplish this purpose;and WHEREAS, BVEDC is an agency with specific expertise in the field of economic development and administering governmental economic development guidelines;and WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE,in consideration of the mutual understandings and agreements set forth,the County and BVEDC agree as follows: BI'EDCAgreenreia Page I of 7 AGREEMENT: ARTICLE 1 t Qualifications of the BVEDC 1.1 The BVEDC represents that: (a) The BVEDC is a non-profit entity that is authorized and experienced in the administration and furtherance of economic development programs in all or a portion of.the County; (b) The BVEDC has expertise and skills to attract new businesses to the County,to encourage the expansion of existing businesses in the County,or to retain existing businesses in the County, pursuant to the County's economic development guidelines and Chapters 311, 312 and Sections 381.003 and 381.004 of the Texas Local Government Code; (c) The BVEDC shall cooperate with and use the services of the Texas Department of Economic Development. ARTICLE 2 Statement of Work 2.1 Agency is responsible for promoting and facilitating activities that enhance the economic base of Brazos County through attraction,creation,expansion and retention of business and industry,focusing on value added to local resources and manufacturing. _ 2.2 Attending Events.The County Judge or their designees shall have the right to attend Agency events or promotional programs as representatives of the County at no additional cost to the County. ARTICLE 3 Definitions 3.1 "County"means County of Brazos,State of Texas. 3.2 "Agency"means the Brazos Valley Economic Development Corporation, a Texas Non-Profit Corporation. BPEDCAgreement Page 2 of 7 9 3.3 "Program Projects" means uses of the Incentive Funds, or a portion thereof, as approved by the County, to provide incentives or assistance to businesses/employers which results in the public purpose of economic development,diversification,expansion,and employment opportunities, 3.4 "Program Standards" means standards that an employer/business must meet to qualify for Incentive Funds. 3.5 "Financial records" means invoices, receipts, bank statements, reconciliations, cleared checks,financial statements,and audit reports. 3.6 "Project Performance Standards" means individual performance terms and requirements established by agreement between the County and any employer/business to receive Incentive Funds. ARTICLE 4 Term 4.1 The term of this Agreement is for one(1)year,being effective as of October 1,2024,and ending on September 30,2025,(the"Present Term"),unless earlier terminated as provided herein. 4.2 Either party may terminate this Agreement on sixty(60) days prior written notice to the others. 4.3 Upon receipt of any termination,the County agrees to continue funding a program project that had been previously approved by the County. ARTICLE 5 Administration Services 5.1 BVEDC agrees to provide all administrative services necessary to administer the County's Economic Development Program and program standards set forth herein. 5.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code,the administrative services to be provided include,but are not limited to: (a) corresponding with and negotiating with potential or existing business/employers for Program Projects that will develop,diversify and/or expand the Brazos County economy, develop or expand transportation or UVEDC Agreement Page 3 of 7 commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. (b) establishing Project Performance Standards for each Program Project that are consistent with the County directive; (c) obtaining contracts between the County and businesses/employers for Program Projects whereby the business/employer agrees to meet the County's Project Performance Standards, and which provide assurances that the County's Project Performance Standards will be met;and (d) compliance with all requirements of this Agreement. ARTICLE 6 Payment 6.1 The BVEDC shall receive the sum of Three Hundred Fifty Thousand and No/100 Dollars(S350,000.00)as compensation for the administrative services to be provided hereunder (herein the "Administration Funds"). County shall pay such sum on a monthly basis by paying the BVEDC one-twelfth(1/12)of the total sum referenced above. ARTICLE 7 Accounting,Records,and Reports 7.1 Agency shall maintain financial records and supporting documents in the form of receipts,canceled checks,payroll records,employee timesheets,and other documentation to verify all expenditures of funds under the terms of this Agreement. Said documentation shall conform to the County's accounting practices. 7.2 Written Records.Agency shall maintain written records and supporting documents as required under this Agreement for all applicable,generally accepted,and required administrative and operating policies.Agency shall maintain such records,accounts,reports,files or other documents for a minimum of three(3)years after the expiration of this Agreement.County's right to access Agency's files shall continue during this 3-year period and for as long as the records are retained by Agency. 7.3 Access to Records.Agency shall provide the County reasonable access during regular business hours to books,accounts,records,reports,files or other papers related to this Agreement belonging to or in use by Agency. 11NEDCAgreement Page4of7 7.4 QuarterIy Reports.Agency shall submit the following to the County on a quarterly basis as provided in this Agreement: a)Financial Activity Report b)Narrative Summary of Activity Report c)Performance Measure Report • Agency shall respond promptly to any request from the County Judge or his designee,for additional information relating to the activities performed under this Agreement. 7.5 Reports.The Financial Activity Reports,Performance Measure Reports,and Narrative Summary of Activity Reports shall be submitted to the County within thirty (30) days of the end of each Contract Quarter (no later than January 30", April 30`h,July 30th,and October 301 of each contract year). 7.6 Financial Audit. A copy of the Agency financial audit shall be made available to County no later than thirty(30)days following Agency's receipt of same. 7.7 Monitoring Review.The County shall conduct a monitoring review of the Agency as deemed necessary by the County to evaluate Agency's compliance with the provisions of this Agreement. Said monitoring may consist of on-site monitoring reviews. County shall provide written notice twenty-four(24)hours in advance of such review and a brief description of how that review is to be conducted. 7.7 Independent Audit. 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 BVEDC annual fnancial 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 BVEDC. 7.8 Presentation. Agency shall make an annual incentives compliance report presentation to the Commissioners Court by May 31' of each calendar year. Agency shall also present to the Commissioners Court as requested by the County Judge or his designee. ARTICLE 8 Agency Board of Directors 8.1 Agendas.Agency shall provide the County with an agenda of all monthly Executive and special Board meetings five(5)days before the meeting with information as to the date,time and place of meeting.If a special meeting is scheduled,Agency shall immediately notify the County of a special meeting. BI'EDCelgree+uent Page 5 of 7 8.2 Minutes.Agency shall submit minutes of each monthly Executive Board meeting and Advisory Board meeting to the County. Minutes shall be submitted along with the Quarterly Reports to the County. 8.3 Appointees.Appointees to the BVEDC Board on behalf of the County shall be outlined in the Agency bylaws. ARTICLE 9 Miscellaneous Terms 9.1 Notice.Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or another reliable courier. Notice to the County shall be sent to: Duane Peters,County Judge Brazos County Administration BIdg. 200 S.Texas Ave.,Suite 310 Bryan,Texas 77803 Notice to the BVEDC shall be sent to: Brazos Valley Economic Development Corp. 1716 Briarcrest Dr.Suite 714 Bryan,Texas 77802 9.2 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. 9.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing and executed by a duly authorized representative of each party. 9.4 Assignment.This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 9.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture,partnership or employee-employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the BVEDC shall be considered an independent contractor agent for the sole and limited purpose only of administering BNEDCAgreement Page 6of7 the County's economic development guidelines and program project standards pursuant to the grants of authority given the County under Chapter 31 I, 312 and 381 of the Texas Local Government Code. 9.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement,except where clearly superseded by federal law. 9.7 Venue.The place of performance of this Agreement is Brazos County,Texas,and all consideration payable hereunder and things to be done pursuant hereto shall be deemed to be payable and performable in Brazos County, Texas. Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for ail purposes in Brazos County,Texas. 9.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors,agents,and assigns. 9.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing,and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement the respective parties for which they sign. BRAZOS COUNTY,TEXAS Brazos Valley Economic Development Corp., a Texas non- profit corporation 2)By: By: 4164.Duaneters,County Judge Susan Davenport,Presi ent/CEO /0 08 20zq-/ Attest: By: W 971 Q o� Karen McQueen,County Clerk 131'EDCAgreement Page 7of7 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. 2024-1220736 Greater Brazos Partnership 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 09l30/2024 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. 25-034 Funding Agreement Nature of interest 4 City,State,Country of Interested Party (place of business) (check applicable) Controlling Intermediary Greater Brazos Partnership Bryan,TX United States X 5 Check only if there Is NO Interested Party. ❑ 6 UNSWORN DECLARATIONC My name Is J.l,(5£Lt J. J&Apo«- , and my date of birth Is 5/3/l gla a My address is I f I Lp �[.JtifiUJ(1-tPsr his tie! 714, 6r Q{� '� �7$9 (street) Oily) (state) (alp code) (country) I declare under penalty of perjury that the foregoing Is true and correct, Executed in Cl)Z195 County,State of on the day of_520 . ( oath) (year) �J-CleiQrA ki,dM Signature of authorized gent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethlcs.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://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: NIf17ni V P ear,arvi ' C DP f/e er-›-41,1 C - R.Ac, , Authorized Company Representative: ccrp Ver &I Address: j 7 6" )34 i/t 11 Cri.ao 54, 7?-x Signature: Date: 11/a-Y' • Contract#: . 5- 0 3 y • FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS VALLEY FOOD BANK, INC This Funding Agreement ("Agreement"), effective October I, 2024, by and between Brazos County, hereinafter called the "County, and the Brazos Valley Food Bank, Inc., hereinafter called the."Food Bank". RECITALS WHEREAS, the Food Bank acquires food for distribution through other nonprofit agencies to moderate and low-income persons who are food insecure and at risk of hunger and malnutrition; and WHEREAS, the purpose of the County is to ensure that all children, Individuals, families,and seniors,especially those who are moderate to low-income,are food secure, meaning that people have access at all times to enough food for an active, healthy, and productive life. NOW THEREFORE,both the County and the Food Bank enter into this Agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and, in consideration of promises, covenants, terms and conditions herein contained,the parties mutually agree to the following: AGREEMENT TERM OF AGREEMENT: The term of this Agreement shall be for a period of approximately one(1)year beginning on October 1,2024 and terminating on September 30,2025. FUNDING: The County will provide funding of$10,000.00 for the beginning year of October 1,2024 and ending September 30,2025 to the Food Bank to the benefit of the moderate-and low-income citizens of the community.Payment of such sum wilt be • paid upon receipt of invoice. ANNUAL REPORT: Food Bank will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using Food Bank's Services • by program type. INFORMATION FUNISHED BY FOOD BANK: Food Bank 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. Food Bank • 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.Food Bank 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. Food Bank 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 Food Bank 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 Food Bank. 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 Food Bank 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 Food Bank. Annual financial statements(audited If available)are due to County within six(6)months of completion. ELIGIBILITY GUIDELINES: Food Bank will ensure that food products received from or through other agencies in furtherance of this agreement will be made available to those eligible persons as defined by the most recent eligibility guidelines established by the State of Texas and its responsible agencies. Food Bank will verify recipient income eligibility by either requiring proof of Income or by self-certification that recipient(s)meets income guidelines. RECORDS: Food Bank agrees to complete intake and assessment on eligible households and maintain all records for a period of three(3)years. FITNESS FOR HUMAN CONSUMPTION: Food Bank accepts full responsibility for the purity and fitness for human consumption of any and all Items distributed In Its name or through other entitles or agencies with which It may contract. LIABILITY DISCLAIMER AND RELEASE AGREEMENT: Food Bank releases County and holds it free and harmless against all and any liabilities, damages, losses, • claims, causes of action and lawsuits or equity obligations whatsoever arising out of or attributed to any distribution and use of foods. ASSIGNMENT: Food Bank may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of County. FISCAL FUNDING CLAUSE: The obligations of the County under this Agreement are expressly contingent upon the availability of funding for each item and obligation • } •'t contained herein for the term of the Agreement and any extensions thereto. 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 Food Bank at the earliest possible time under the circumstances. DEFAULT: Any violation or breach of the provisions herein may result in • • termination of this Agreement. 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. SEVERABLITIY: 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. • BRAZOS COUNTY BRAZOS VALLEY FOOD BANK, INC. • Duane `- : s, County Judge • a M. gapora, Exe• tive Director /0_08_0200 71 Date Date ATTEST: e<oi"...t.LIM cap°, Karen McQueen, aunty Clerk LEGISLATIVE CERTITICATIOINS Brazos County is federally mandated to adhere to the directions provided in the President's Executive Order CEO) 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 Slates 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 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 terns 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: —614101 'V 6117 'nod a tAk- Authorized vw Company Representative: 4tit G- 61'4(tl� P ' Address: l50I 1 ivkie ttolenCe vi`l�• ' tz � rI< 11&,3 Signature: tt r C 'lt—�� • Date: (It 140-v4 Contract#: a6-633 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 of business entity tiling form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1213217 Brazos Valley Food Bank Bryan,TX United States Date Flied: z Name of governmental entity or state agency that Is a party to the contract forwhtchthe form is 09/11)2024 being tiled. Brazos County • Date Acknowledged: g 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, 25-033 The County will provide funding of$10,000.00 for the period of October 1,2024,through September 30,2025 to the Food Bank to • the benefit of the moderate-and low-income citizens of the community. • 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) . Controlling i intermediary t , 5 Check only II there Is No Interested Party. O x 6 UNSWORN D CLARATIONvt.G { �!i, / My name Is vltG- c.7'�G 7� , and my date of birth Is o�l2f g 0 , My address is (Z&q T-jAtis 5f. , )tz i` , TR , I l$o 3 , , (street) (dty) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 1 7416 County,Slate of 1'4zt 5 ,on the (l day of fir' ,20 Zei . (month) (year) .-(\11.A,tell" (...5ide...— ignature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethlcs.state.tx,us Version'V4.1.0A8da51f7 AGREEMENT BETWEEN BRAZOS COUNTY,TEXAS AND THE BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC. THIS AGREEMENT ("Agreement") is made and entered into on October 1, 2024, by and between BRAZOS COUNTY,TEXAS,a body corporate and politic under the laws of the State of Texas, (hereinafter referred to as "County"), and the BRYANICOLLEGE STATION CHAMBER OF COMMERCE,INC.,a Texas non-profit corporation(hereinafter referred to as"Chamber). RECITALS: WHEREAS, the Commissioners Court of Brazos County desires to stimulate, encourage, and develop business location and commercial activity within the County; and, _ WHEREAS, the County wishes to contract with Chamber as its agent pursuant to TEX. Loc. GOV'T CODE ANN. §381.004 to stimulate, encourage, and develop business location and commercial activity in Brazos County; and, WHEREAS, the County desires to diversify its economy, increase and broaden its tax base,provide more and better employment opportunities for its citizens and promote • the general public welfare; and, WHEREAS, it is important to the County to attract and expand retail business, in • order to accomplish this purpose; and, WHEREAS, Chamber is an agency with specific expertise in the field of economic development and the attraction and expansion of retail business; and, WHEREAS, the County has determined that this Agreement is for the personal or professional services and therefore exempt from competitive bidding under Chapter 262, Local Government Code. THEREFORE, in consideration of the mutual understandings and agreements set forth, the County and Chamber agree as follows: B/CS Chamber Agreement Page 1 ARTICLE 1 Qualifications of the Chamber 1.1 The Chamber represents that it is a non-profit entity that is authorized and experienced in the administration and furtherance of programs that stimulate,encourage, and develop business location and commercial activity in Brazos County. ARTICLE 2 Term 2.1 The term of this Agreement is for one(1)year, being effective as of October 1, 2024, and ending on September 30, 2025, (the "Present Term"), unless earlier terminated as provided herein. • 2.2 Either party may terminate this Agreement on thirty (30) days prior written notice to the others. 2.3 Upon receipt of any termination, the County agrees to continue funding a program project that had been previously approved by the County. ARTICLE 3 Administration Services 3.1 Chamber agrees to provide all administrative services necessary to administer the program standards set forth herein. 3.2 Pursuant to the authority granted in Chapter 381 of the Texas Local Government Code, administrative services are to be provided by Chamber and include but are not limited to: a. Developing program projects by corresponding with and negotiating with existing Business/Employers that will develop, diversify and/or expand the Brazos County economy, develop, or expand transportation or commerce in the State, and/or serve the purpose of eliminating unemployment in Brazos County. One specific project shall include the design and performance of a Brazos County specific survey using criteria submitted by County; b. Establishing project performance standards for each program project that are consistent with the County's goals for economic development; c. Creating an exclusive title sponsorship of the annual Chamber Day event normally held in the Spring each year. The event would be promoted as Bryan/College Station Chamber Day, sponsored by Brazos County. Brazos County will provide an unlimited number of participants on the day of the event. B/CS Chamber Agreement Page 2 Pre-publicity of the event in the media shall recognize Brazos County as the sponsor of the event. A representative of Brazos County shall be provided an opportunity to make remarks at the event kick-off in the morning and at noon. If desired, Brazos County shall provide members on the event committee. d. Perform a survey of business owners and managers to determine the state of the Brazos County economy. Survey results shall be presented to Brazos County during a scheduled Commissioners Court meeting. e. Brazos County shall appoint a member of the Commissioners Court to attend and participate in briefings and presentations of various topics affecting the state of the Brazos County economy. f. Brazos County shall be invited to send one representative, at no charge, on the Chamber's annual legislative trip to Washington, D.C. to promote the issues impacting our community, including economic development issues. g. Brazos County shall be invited to send one representative, at no charge, to the Chamber's bi-annual legislative trip to Austin, Texas to promote the issues impacting our community including economic development issues. h. Provide the County with two booths, at annual Job Fair. i. Provide the Brazos County Commissioners Court with a table at the annual Economic Outlook Conference. 3.3 The Chamber shall receive the sum of Fifteen Thousand and No/100 Dollars ($15,000.00) as compensation for the administrative services to be provided hereunder (herein the "Administration Funds"). Seven Thousand Five Hundred Dollars($7,500.00)shall be payable to Chamber upon the execution of this Agreement and the remaining Seven Thousand Five Hundred and No/100 Dollars ($7,500.00).shall be payable on or before September 30, 2025. 3.4 The County shall make Assembly Room 2 at the Brazos Center available to the Chamber at no cost on the last Thursday of each March from 8:00 am to 4:00 pm starting in year 2025. 3.5 The County shall make Brazos County facilities available to the Chamber, at published price,for Chamber sponsored events. ARTICLE 4 Accounting 4.1 The Chamber shall provide, no later than February 1, 2025, an audited financial accounting, or an internal audit financial report of the Chamber. B/CS Chamber Agreement Page 3 ARTICLE 5 Miscellaneous Terms 5.1 Notice. Notices or correspondence under this Agreement to either party from the other may be personally delivered or sent by First Class Mail, or another reliable courier. Notice to the County shall be sent to: Duane Peters, County Judge Brazos County Courthouse 200 S.Texas Ave.,Suite 310 • Bryan,Texas 77803 Notice to the Chamber shall be sent to: Glen Brewer, President and CEO Bryan/College Station Chamber of Commerce 1733 Briarcrest Drive, Suite 200 P.O. Box 3579 Bryan, Texas 77805 5.2 Severability. No partial invalidity of this Agreement shall affect the remainder unless the public purpose to be served hereby is so greatly diminished thereby as to frustrate the object of this Agreement. 5.3 Amendment. During the term of this Agreement, if certain areas need further clarification or revision, the parties will work in good faith to arrive at written memorandums or understandings regarding those areas. Any amendment of this Agreement must be in writing and executed by a duly authorized representative of each party. 5.4 Assignment. This Agreement cannot be assigned or performed by subcontractors except with the written consent of both parties. 5.5 Not Joint Venture: Independent Contractor. The parties agree that this is not a joint venture, partnership, or employee-employer relationship and that neither party shall have the authority to bind or incur liability to the other without the other's prior written permission. Furthermore, the Chamber shall be considered an independent contractor agent for the sole and limited purpose only of administering this agreement. 5.6 Applicability of Texas Law. The laws of the State of Texas shall govern this Agreement, except where clearly superseded by federal law. B/CS Chamber Agreement Page 4 5.7 Venue. The place of performance of this Agreement is Brazos County, Texas, and all consideration payable hereunder and things to be done pursuant hereto • shall be deemed to be payable and performable in Brazos County, Texas.Venue of any dispute arising out of this Agreement or performance hereunder shall be fixed for all purposes in Brazos County, Texas. 5.8 Entire Agreement and Binding Authority. This Agreement supersedes and constitutes a merger of all prior oral and/or written agreements and understandings of the parties on the subject matter of this Agreement and is binding on the parties and their successors, agents, and assigns. 5.9 Waiver. No waiver by either party of any provision of this Agreement shall be effective unless in writing, and such waiver shall not be construed as or implied to be a subsequent waiver of that provision or any other provision. The signatories hereto have the authority and have been given any approvals necessary to bind by this Agreement • the respective parties for which they sign. BRAZOS COUNTY, TEXAS BRYAN/COLLEGE STATION CHAMBER OF COMMERCE, INC., a Texas non-profit corporation By: Duane eters, County Judge Bre er, ennt& CEO Date: /0 -08 -a0c Date: Attest: �yy� By: a^-eA-�"t' e Karen McQueen, County Clerk B/CS Chamber Agreement Page 5 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 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(l)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: l i7rya vi /(i() l ei r1?ch j C �Yl Ct.4 e,v 07" 4w 1? Authorized Company Representative: ( 'i r 1 Address: i 1?j 3 [Y l t rO?S+ D 1-. STli 260 6. an[TI;1-1 Signature: . i'�.w-°^' Date: Contract#: FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND NATIONAL ALLIANCE ON MENTAL ILLNESS -BRAZOS VALLEY, INC. • This Funding Agreement("Agreement") is by and between Brazos County, Texas (hereinafter"County") and the National Alliance on Mental Illness - Brazos Valley, Inc. (hereinafter"NAMI"), a Texas non-profit 501(c)(3) corporation for a period of 12 months beginning October 1,2024 and ending September 30, 2025. RECITALS WHEREAS, NAMI serves all seven (7)counties of the Brazos Valley region; WHEREAS, it is the mission of NAMI to promote mental health and wellness for families and those individuals affected by mental health disorders, combat the stigma of mental illness and advocate for improved social, vocational and treatment alternatives to support individual resilience, independence and well-being of those living in Brazos County; and WHEREAS, NAMI provides peer lead educational programs, classes and support services, public policy advocacy and educational classes, and support services for families, friends and caregivers of persons living with mental health disorders ("Services"); and WHEREAS,the County desires to assist NAMI in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental health disorders residing in Brazos County by contracting with NAMI for the period beginning October 1, 2024 and ending September 30, 2025, for the . specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation to be provided to the County by NAMI, and in compliance with the terms of this Agreement and subject to other provisions of this Agreement,and all applicable laws, the parties agree as follows: AGREEMENT ELIGIBILITY CRITERIA This Agreement contemplates Services provided to: 1) Individuals who permanently reside within Brazos County; and 2) Who have been determined through the NAMI screening process to be in need of mental health services. NAMI Agreement Page I of S 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. NAMI. 6. Brazos County Commissioners Court may, in its sole discretion,require that an independent financial audit be performed on the records of NAMI. 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 NAMI'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, ail costs and expenses associated with said audit will be solely paid for by the NAMI. 7. NAMI will provide the County with any and ail certified audits conducted by NAMI and the management letter prepared in connection therewith; 8. NAMI will provide the Commissioners Court with statistics evidencing the. number of Brazos County residents using NAMI's Services. These statistics are due March 31, 2025 for the preceding six months and August 31, 2025 for the preceding five months. RECORD RETENTION The NAMI shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. The NAMI 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 NAMI 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 NAMI shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The NAMI 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 apprenticeship. The NAMI agrees to post in NAMI Agreement Page 3 of 5 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 or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the NAMI 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 NAMI 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 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, certified mail RRR to the other party at the following addresses: Brazos County Commissioners Court • National Alliance on Mental Illness County Administration Building Brazos Valley, Inc. 20.0 So. Texas Ave,.Suite 310 1713 E. Broadmoor, Suite 101 Bryan, Texas 77803 Bryan, Texas 77803 NAM!Agreement Page 4 of S 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 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 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 NAMI 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 County National Alliance on Mental Illness Brazos Valley, Inc. DUANE P RS, Judge JERR INN, Ex aye Director Date: 10 - S"ft a0.?11 Date: '"1"' I 0"D * LI ATTEST: KAREN McQueen, County Clerk (1215:k-7."`trAete-- Oftla aft, NAM!Agreement Page 5 of 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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. 2024-1213214 NAMI Brazos Valley 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 09/11/2024 being filed. Brazos County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency 10 track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 25-038 Peer led educational programs,classes&support services,public policy advocacy,educational classes,support services for peers,families,&caregivers of persons living with MH illnesses. 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. 6 UNSWORN DECLARATION (7 ^y ('+/ My name is \l •tf"1^ V V t .�v1 ^-� , and my date off birth is �S`-3` �"f l0 Ci My address is 10 (A Ro(tOthjL_t eat_ `J N1 Gy\ (street) (city)! (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. y tt Executed in 1)r Gat O S County, State of 1LX kS „ante 14 day°ISO to $%20 c 9 (month) (year) 1L rg re of authorize t of contracting business entity (Declarant) Forms provided by Texas Ethics Commission wwkethics.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://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 riv is not required. Company Name: J V V 1 n�- c -2.d S V/I J Authorized Company Representative: 3 V\1 Address: 3 TO S S . Co I 1 e Crs Signature: 1J1�-1 Date: ` 10 —gip,.. Contract#: 3 S. AMENDMENT#1 TO 23-100—EVENT MANAGEMENT SOFTWARE FOR BRAZOS COUNTY EXPO THIS AMENDMENT TO 23-100 Event Management Software for the Brazos County Expo("Amendment")is entered into and effective this 1 sc day of October,2024("Effective Date") through October 31,2027("Expiration Date")by and between Brazos County("Customer"),and Ungerboeck Systems International, LLC ("Provider") each of which may alternatively be referred to herein as a "Party" and collectively as the "Parties". AlI 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#23-100("Agreement") for purposes of Ungerboeck Systems International,LLC; and WHEREAS, the Parties desire to amend the services provided as set forth in original contract 23-100 Event Management Software for Brazos County Expo. 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. Add inventory and asset management services,per order form. 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 CO T Ungerboeck Systems International,LLC Sinature Signature U �� Name T Name Co(,_N r`( Tu.ocoe Title Title LotC3Ic + Date Date • Docusign Envelope ID:987B7C43-2BE6-4D12-91E7-78DE8A6BBOEA * ; . LA ..t.1...,y!- _ „ •• Order Form Expires on: 30 September 2024 �i�� �+:�L•-=._. Proposed by:Andrea Diaz_ momentus ORDER FORM Q-33372 Customer Legal Name: Brazos County Exposition Complex Bill To Name: Brazos County Exposition Complex Ship To Address: 206 N Washington Billing Address: 206 N Washington Bryan Bryan Texas Texas 77803 77803 United States United States Customer Contact: Elizabeth Halley Customer Billing Contact: Elizabeth Halley Title: Sales and Marketing Manager Billing Contact Title: Sales and Marketing Manager Phone: 979-821-1416 Accounts Payable Phone: 979-821-1416 Email: ehailey@brazoscountyexpo.com Accounts Payable Email: info©brazoscountyexpo.com Invoice Submission N/A Invoice Submission Email: ehailey@brazoscountyexpo.com Portal URL: Contract Start Date: 01 October 2024 Payment Terms: Net 30 Contract End Date: 31 October 2027 Currency: USD Billing Schedule: Annual in Advance PO: No Amendment Of Order Q-23705 Form: Amendment Date: 01 October 2024 Recurring Software Product Name Quantity Start Date End Date Inventory&Asset Management Software 1 01 October 2024 31 October 2027 Coal Recurring Software Amount $16379.1 One Time Services I Time and Materials Services** . Product Name Estimated Hourly Rate Total Hours Custom Scope(T&M)One-lime Services-Inventory and 40 hours $210.00 $8,400.00 Asset Management Total One Time Pee Services: T $8,400.00 Schedule Period Start Date End Date Recurring Recurring One Time One Time Total Software Services Fixed Fee T&M 1 01 October 2024 31 October 2024 $416.67 $0.00 $0.00 $8,400.00 $8,816.67 2 01 November 31 October 2025 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 2024 3 01 November 31 October 2026 $5,250.00 $0.00 $0.00 $0.00 $5,250.00 2025_ 4 01 November 31 October 2027 $5,512.50 $0.00 $0.00 $0.00 $5,512.50 2026 l Total _ • , : I '.. $16,179.17 $0.00; : $0.00 $8,400.00 $24,579;17 I CONFIDENTIAL . Docusign Envelope ID:987B7C43-2BE6=4D12-91E7-78DE8A6BB0EA rri::4. fir"= Order Form Expires on:30 September 2024 f'r�,e•h4.;.c ,, r,+r,rt::: Cr,�. Proposed by:Andrea Diaz momentus- • Time and Materials Services** The Fee listed represents an estimated budget for the Time and Material Services for the above corresponding specified configuration.The fee is an estimate, based on limited scoping and additional service hours may be required. Customer shall be invoiced monthly, in arrears for hours incurred. In the event additional hours are required to complete the Time and Materials Services as defined above,the parties will sign an additional Order Form or Change Order. Unless Customer and Provider have negotiated a separate agreement governing Customer's access and use of the Services, Customer's access and use of the Services listed above are subject to the terms and conditions of the Master Agreement httos://oomomentus.com/agreements-and- terms(the"Master Agreement"). Additionally,if Customer has purchased Professional Services,the applicable terms,conditions and scope of work details are found here:https://aomomentus.com/agreements-and-terms and incorporated herein.Capitalized terms set forth herein,but not defined shall have the meanings prescribed to them in the Master Agreement. Except as otherwise provided,all payments shall be made in the currency set forth above. Brazos County sition Co ex Ungerboec Eg8gpternational,LLC < _+ Signature: Signature: DIA vetaUt,1,S 13831A3858944408„. Name: �, Name: Tim Daniels 17144;Iv E Ptr reins Title: Title: CFO e vt�NT`� Zi.A..0 € Date: I a I a l+ Date:. 09-27-2024 i 3:33:47 PM CDT' CONFIDENTIAL Docusign Envelope ID:987B7C43-2BE6-4D12-91E7-78DE8A6BBOEA Order Form Expires on: 30 September 2024 Proposed by:Andrea Diaz momentus ORDER FORM Q-33372 Customer Legal Name: Brazos County Exposition Complex Bill To Name: Brazos County Exposition Complex Ship To Address: 206 N Washington Billing Address: 206 N Washington Bryan Bryan Texas Texas 77803 77803 United States United States Customer Contact: Elizabeth Hailey Customer Billing Contact: Elizabeth Hailey Title: Sales and Marketing Manager Billing Contact Title: Sales and Marketing Manager Phone: 979-821-1416 Accounts Payable Phone: 979-821-1416 Email: ehailey@brazoscountyexpo.com Accounts Payable Email: info@brazoscountyexpo.com Invoice Submission N/A Invoice Submission Email: ehailey@brazoscountyexpo.com Portal URL: Contract Start Date: 01 October 2024 Payment Terms: Net 30 1 Contract End Date: 31 October 2027 Currency: USD Billing Schedule: Annual in Advance PO: No Amendment Of Order Q-23705 Form: Amendment Date: 01 October 2024 Recurring Software Product Name Quantity Start Date End Date Inventory&Asset Management Software 1 01 October 2024 31 October 2027 Total Recurring Software Amount $16,179.17 , One-Time Services j Time and Materials Services** Product Name Estimated Hourly Rate Total Hours • Custom Scope(T&M)One-Time Services-Inventory and 40 hours $210:00 $8,400.00 Asset Management Total One Time Fee Services: $8,400.00 • Schedule Period Start Date End Date Recurring. Recurring One Time One Time Total Software Services Fixed Fee T&M 1 01 October 2024 31 October 2024 $416.67 $0.00 $0.00 $8,400.00 $8,816.67 2 01 November 31 October 2025 $5,000.00 $0.00 $0.00 $0.00 $5,000.00 2024 3 01 November 31 October 2026 $5,250.00 $0.00 $0.00 $0.00 $5,250.00 2025 1 4 01 November 31 October 2027 $5,512.50 $0.00 $0.00 $0.00 $5,512.50 2026 Total I $16,179.17 $0.00 $0.00 $8,400.00 . $24,579.17 CONFIDENTIAL Docusign Envelope ID:987B7C43-2BE6-4D12-91E7-78DE8A6BBOEA Order Form Expires on: 30 September 2024 Proposed by:Andrea Diaz momentus technologas Time and Materials Services** The Fee listed represents an estimated budget for the Time and Material Services for the above corresponding specified configuration.The fee is an estimate, based on limited scoping and additional service hours may be required. Customer shall be invoiced monthly, in arrears for hours incurred. In the event additional hours are required to complete the Time and Materials Services as defined above,the parties will sign an additional Order Form or Change Order. Unless Customer and Provider have negotiated a separate agreement governing Customer's access and use of the Services, Customer's access and use of the Services listed above are subject to the terms and conditions of the Master Agreement https://gomomentus.com/agreements-and- terms(the"Master Agreement"). Additionally,if Customer has purchased Professional Services,the applicable terms,conditions and scope of work details are found here: https://gomomentus.com/aqreements-and-terms and incorporated herein.Capitalized terms set forth herein, but not defined shall have the meanings prescribed to them in the Master Agreement. Except as otherwise provided, all payments shall be made in the currency set forth above. Brazos County Exposition Complex Ungerboec himilpternational,LLC Signature: Signature: 1 jlrot Poltiud,S B631A365694A408... Name: Name: Tim Daniels Title: Title: CFO Date: Date: 09-27-2024 1 3:33:47 PM CDT CONFIDENTIAL Docusign Envelope ID:987B7C43-2BE6-4D12-91E7-78DE8A6BB0EA momentusTM technologies Inventory:and Asset Management Description Provider will onboard the customer In Inventory and asset management Assumptions Customer has been onboarded in the software for Event Management and General Ledger Customer has existing resources in their database Limitations Not applicable Provider responsibility: Internal handover and preparation Prepare for and hold a 1 hour remote kick off meeting Kick Off Customer responsibility: Ensure key project resources and stakeholders attend kick off meeting Ensure protect scope is accurate and fully aligns to all business requirements Raise any risks,blackout periods far software release,resourcing plan Provider responsibility: Up to three 1 hour remote requirements gathering meetings with preparation and write up Discovery Customer responsibility: Ensure key resources attend all discovery sessions Provide an understanding of business processes,data and requirements Provider responsibility: Build Resources and related master tables—Items/Services sold to customers Inventory Items and related master tables—Consumable and non-consumable Items sold and/or purchased in the operations of the organization Fixed Assets and related master tables-Non-Consumable assets used by the organization Provider responsibility: Up to four 2 hour remote training sessions;sessions will be recorded Training is scheduled to be completed in no more than 4 weeks Training Customer responsibility: Ensure appropriate users are selected and attend all training sessions All users will be expected to complete the designed curriculum In the Provider's Learning Center Provider responsibility: Up to two 30 minute remote meetings to review and resolve any Issues,with follow up Provider will maintain an issue log to track status and prooress of issues raised. Testing Customer responsibility: Customer Is responsible for preparing for and executing user testing,Including creation of test plans,test cases,and test scripts. Ensure key resources attend all testing meetings Raise any issues found(that are within the scope of the SOW)via the Issue lag The testing phase will be no more than 1 week in duration Provider responsibility: se to two 30 minute post launch support review meetings Internal handover Protect Closure Post Launch activities will be completed in no more than 1 week Launch&Post Launch Customer responsibility: Ensure key resources attend all post launch support review meetings Raise any Issues found(that are within the scope of the SOW)via the Issue log template Complete customer satisfaction survey Post Launch activities will be completed in no more than 1 week Provider responsibility, Weekly 30 minute project review meeting with follow up to commence after kick off meeting and for a period of no mere than 4 weeks Coordination of resources.activities,meetings in alignment with timelines and milestones Ownership of issues log and delegation of tasks Project Management Customer responsibility: Nominated protect lead Ensure key resources attend all weekly project review meetings to provide updates Coordination of activity and resources on customer side to align to protect plan and schedule Custom development unless specified above Exclusions Integration services not specifically defined In the scope above Once the build phase begins,any further requirements are considered to be out of scope Estimated length orproject;:4 weeks Note:This is an estimate and is dependent on Customer cooperation,t meiy responses and availability of-necessary resources, Docusign Envelope ID:987B7C43-2BE6-4D12-91E7-78DE8A6BBOEA TAX VERIFICATION V.T.C.A.LOCAL GOVERNMENT CODE §262.0276 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§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.) Tim Daniels Officer Alex Alexandrov Officer and Board member Ryan Ungerboeck Board Member Justin Ungerboeck Board Member Andrew Batson Board Member Dan May Board Member Greg Gilmore Board Member Docusign Envelope ID:987B7C43-2BE6-4D12-91E7-78DE8A6BBOEA 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 2270: 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. Company Name: Ungerbeock Systems International, LLC Tim Daniel s Authorized Company Representative: Address: 222 S Meramec Ave Stale-2024083 St. Louis, MO 63105 fi VatititIS Signature: '-B831A365694A408 09-27-2024 I 3:33:47 PM CDT Date: Contract#: Q-33372 PCL XL error Subsystem: KERNEL Error: InsufficientMemory Operator: Beginlmage Position: 626226 AMENDMENT TO 24-026R LEGAL REPRESENTATION OF INDIGENT JUVENILE DEFENSE THIS AMENDMENT TO 24-026R LEGAL REPRESENTATION OF INDIGENT JUVENILE DEFENSE("Amendment"),previously known as 20-001,22-003R,23-062R is entered into and effective this 7th day of October, 2024 ("Effective Date") by and between Brazos County ("Customer"),and Gendron &Flanagan ("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#24-026R("Agreement") for purposes of Gendron & Flanagan. to provide of the service of legal representation of indigent juvenile defense;and 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. Renewing the contract for an additional year, expiring September 30, 2025. Renewal of the contract will be known as 25-070R. 2. Amend pricing for fiscal year 2025,to increase to$337,500.00 for increased caseload. 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 OUNT GENDRON&FLANAGAN ii:L/P740--- Signature Sign.tur Name Name Tilt C] a J Title (7 ? Dale Dale • �•s Cat-:;((jam �Lr2.cr�a,. Cc"-rtr.e.,-r- v-- AGREEMENT FOR LEGAL REPRESENTATION OF ELIGIBLE • INDIGENT JUVENILES This contract,which is effective upon execution by the Brazos County Commissioners Court,is between Gendron&Thibodeaux referred to as"Contractors"and Brazos County,a political subdivision of the State of Texas"County." This contract supersedes any and all earlier contracts between these parties for the specified services. WHEREAS,Texas law mandates the provision of legal representation for juvenile indigents accused of a crime;and WHEREAS,pursuant to controlling state and/or federal law,the sum provided for therein may be determined by contract between the County and responsible attorneys;and WHEREAS,Contractors are attorneys who are qualified by reason of education, professional accreditation,experience,preparation,equipment,organization,staffing and facilities to provide the services contemplated by this contract on behalf of the County;and WHEREAS,the County has determined that the program contemplated herein to be performed by Contractor is within its legal authority to grant and will provide competent legal representation to indigent juvenile citizens financially unable to employ counsel;and WHEREAS,the Appointing Authority is the committee of judges comprised of the 85th District Court Judge,361 st District Court Judge,272nd District Court Judge,Judge of County Court at Law#1,and Judge of County Court at Law#2;and WHEREAS,it is in the public interest that the County contract with Contractor to render the usual and customary legal services where required by law to be provided to juvenile individuals, NOW,THEREFORE,the parties hereto agree: Contract for Legal Representation of Eligible Indigent Juveniles 1 • I. TERM OF CONTRACT The Contractors will begin accepting appointments under this Contract to represent indigent juveniles on October 1,2019 and will cease to be appointed to cases after September 30, 2020, unless a contract is renewed between the County and the Contractors before October 1, 2019.The Contract may be extended as provided in Proposal Request No. 20-001 Section"Procedures for Renewal of Contract"incorporated and attached hereto. II. SCOPE OF CONTRACT Legal representation shall be provided as detailed in Request No.20-001. Beginning on the start date of this contract,the Contractors will be jointly appointed counsel to criminally accused juveniles from indigent families. III. MINIMUM ATTORNEY QUALIFICATIONS AND STANDARDS OF REPRESENTATION • The minimum attorney qualifications shall be as specified in Request No. 20-001. The Contractors shall provide zealous legal services to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct. IV. DURATION OF REPRESENTATION The Contractors have the responsibility to complete all cases once representation is commenced during the term of the contract. V. SUBSTITUTION OF ATTORNEYS The Contractors shall be substituted only according to the terms as specified in Request No. 20-001. VI. CASELOAD LIMITATIONS The maximum number hearings that each attorney is allowed to perform under this Contract are seventy(70)hearings per week. Contract for Legal Representation of Eligible Indigent Juveniles. 2 VII. CONFLICTS OF INTEREST The procedures for dealing with conflicts of interest as specified in Request No. 20- 001 shall be followed. VIII. INVESTIGATORS AND EXPERTS/EXPENSES Pursuant to Request No. 20-001, the Contractors will be solely responsible for all routine expenses associated with the representation of indigent juveniles to which appointed. There shall be no additional compensation or reimbursement due on any case without the express,written approval of the Juvenile Court having jurisdiction over the case. IX. COMPENSATION AND PAYMENT PROCESSES The sum TWO HUNDRED FIFTY-THREE THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($253,125.00) is to be paid to the Contractors in twelve (12) equal installments of TWENTY-ONE THOUSAND NINETY-THREE DOLLARS SEVENTY-FIVE CENTS ($21,093.75) on the 1st of each month beginning November 1, 2019 and continuing thereafter until October 1, 2020. Payment shall be made as specified in Request No. 20-001 according to the requirements of the Brazos County Auditor. Payment is to be made to the "Indigent Juvenile Operating Account" unless otherwise specified by the Contractors. For cases assigned but not disposed within the term of the contract, the Contractors shall be compensated according to the regular schedule of fees for services provided to attorneys representing indigent juvenile clients. X. REPRESENTATION 1. The Contractors reserve the right to designate which attorney shall perform the various aspects of the representation of indigent juveniles. 2. Contractor's legal representation shall be of sufficient quality to meet all constitutional, statutory and case law requirements. 3. Contractor(s) shall complete all legal representation and support services for indigent juvenile individuals if properly appointed to represent such accused consistent with Texas law. Such services shall include but not be limited to: • all necessary court appearances. • legal research. • investigative services if necessary • services of an interpreter which are required outside of court. • preparation and necessary appearances in pretrial or during trial writ Contract for Legal Representation of Eligible Indigent Juveniles 3 proceedings. • preparation of briefs and other necessary legal documents. • defense-required court reporter transcripts not statutorily mandated. • assistance to indigents in filing notice of appeal and other legal documents pursuant to Contractor's representation. 4. Contractor(s)shall render all professional legal services reasonably required from the time of appointment to and including final adjudication or disposition in the Juvenile Court and, as necessary,filing notice of appeal,if any, and other legal documents pertaining thereto. 5. Contractor shall maintain all appropriate attorney case records and shall assure prompt inspection or transmission of copies of same upon order of the Court to any successor Contractor or private counsel on appeal regarding active cases or to the person represented. XI. INDEPENDENT CONTRACTOR I. The parties agree that this contract does not create the relationship of attorney and client nor employee and employer between Contractors and the County. Contractors are independent contractors at all times. 2. Each Contractor shall at all times be, deemed independent and shall be wholly responsible for the manner in which it performs the service required by the terms of this contract. 3. Each Contractor exclusively assumes the responsibility for the acts of its subcontractors, associates and employees relative to the services provided during the term and scope of their employment. 4. Each Contractor shall not delegate nor assign any rights or obligations hereunder, either in whole or in part,without prior written consent of the appointing committee and the County. XII. INDEMNIFICATION Contractors each agree to indemnify, defend, and save harmless the County and to procure and maintain professional liability insurance. XIII. RIGHT OF TERMINATION I.This contract can be terminated upon thirty(30)days written notice by or to the County. 2. Notwithstanding paragraph (1) above, failure of either Contractor to comply with the terms of this contract and any reasonable directions by, or on behalf of the County,pursuant thereto, shall constitute a material breach of the contract by Contractor, and, in addition to any other remedy authorized by law,the County shall have the right to terminate the contract Contract for Legal Representation of Eligible Indigent Juveniles 4 immediately. Failure to exercise this right of termination shall not constitute waiver of such right, which may be exercised at any subsequent time. This contract may be terminated, at the option of the County,upon the occurrence of any of the following: a. Violation of any material provisions of the contract; b. Institution of proceedings by,or against,Contractor pursuant to the bankruptcy laws of the United States; c. Suspension of business operations,failure or receivership of Contractor(s) d. Assignment of the contract without prior written approval; e. The institution of disciplinary proceedings against either Contractor by the State Bar of Texas f. The commencement of criminal prosecution of either Contractor or g. Cancellation or other discontinuance of malpractice insurance liability coverage. h. Unavailability of funds for this contract. 3. Upon expiration or termination (by cancellation or otherwise), unless specifically relieved by the Courts, each Contractor shall be required to complete representation of all clients in all cases where previously appointed by the Court. XIV. RIGHT OF AUDIT Contractors will provide to the County Auditor written infonnation regarding hearing outcomes on respective assigned cases every thirty days prior to receiving a disbursement for services performed therein. XV. RECORDS RETENTION Each Contractor shall maintain for a minimum of five (5) years past the date of final payment under this Agreement or until the Juvenile's 21st birthday, whichever occurs later, all records and supporting documents pertaining to Contractor's respective assigned cases. XVI. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County. Contract for Legal Representation of Eligible Indigent Juveniles 5 XVII. NOTICE Except where oral notice is specifically allowed or required under this Agreement, any notice provided hereunder by any party to another shall be in writing and may be either (1) delivered by hand to the party or the party's designated agent; (2) deposited in the United States mail, postage paid; (3) transmitted by telecopy; (4) transmitted by electronic mail transmission,or(5)delivered by a reputable courier service. XVIII. SEVERABILITY In the event that a court finds any provision of this Agreement invalid and/or unenforceable,both parties agree the remaining provisions shall remain valid and in force. Contract for Legal Representation of Eligible Indigent Juveniles 6 XIX. ADDITIONAL TERMS 1.Incorporation of RFP No.20-001 Any other requirements of Request No.20-001 that are not specifically noted in this Contract are incorporated into this Contract. 2.Available Funds Contractors expressly acknowledge that all monies paid pursuant to this Agreement shall be paid from budgeted available funds for the current fiscal year of the County. Brazos County's obligation for performance of this contract beyond the fiscal year for which the contract becomes effective is contingent upon Commissioners Court's approval and the availability of appropriated funds. 3. Open Meetings The meetings at which this Agreement was approved by the Participants' governing boards were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. IN WITNESS WHEREOF, the parties hereto have affixed their signatures effective as of the date executed by County. BRAZO O TY,TEXAS By: Date: lO °1 / (al Duane Peters,County Judge A t. Cke. Date: . 1O 12 i ! 101 Contrac /�•',,, B Ai � ( �/�`• Date: 76 Y� Contractor j'y; Date: • B 1 71\ 1 °1 Contract for Legal Representation of Eligible Indigent Juveniles 7 ,-----, / C .__ .r • 1E 00,s .1:. 1 ..may LPL?.(w'tp ''' !'� Tr;',. , a REQUEST FOR PROPOSALS RE-ADVERTISEMENT RFP #20-001 LEGAL REPRESENTATION OF INDIGENT JUVENILE SEALED PROPOSALS TO BE SUBMITTED BEFORE: Tuesday, September 3, 2019.2:00pm CST TO THE: BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave. Suite 352 Bryan, TX 77803 Phone: (979) 361-4290 Fax: (979) 361-4293 Vendors,their employees and/or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, regarding this proposal from the issuing date of the proposal until scheduled presentations or the date the Brazos County Commissioners Court meets to consider award for the RFP.Any such contact will be grounds for rejection of the vendor's proposal. In compliance with this solicitation, the undersigned proposer having examined the solicitation and specifications and being familiar with the conditions to be met, hereby submits the following RFP for furnishing the material and/or services listed on the attached proposal form and agrees to deliver said items at the locations and for the prices set forth on the proposal form. Company Name: GENDRON&THIBODEAUX By(Print): Lane D.Thibodeaux Title: Partner Physical Address: 318 N.Bryan Avenue Bryan,Texas 77803 Mailing Address: P.O.Box 6561 Bryan,Texas 77805 Telephone: 979-775-5700 Fax: 979-822-1979 E-Mail: lanetl @amsn.com 1 ' tr" Section 1 Letter of Transmittal— Organization: (10 points) 1. Name of Firm, address,phone, email: Gendron & Thibodeaux Physical Address: Mailing Address: 318 N.Bryan Avenue P.O.Box 6561 Bryan,Texas 77803 Bryan,Texas 77805 Phone: 979-775-9500 Email: gendron@suddenlinkmail.com 2. Form of Business Organization(individual,partnership,etc.): PARTNERSHIP 3. Year Business was founded: July 1,2000 4. Provide the name(s)of the person(s) authorized to make representations of your Firm,their titles, address,telephone numbers and email address. Lane Thibodeaux,Beth Ann Thibodeaux-partners P.O. Box 523 Bryan,TX 77806 979-775-5700 lanetl @msn.com Patrick Gendron—partner P.O. Box 6561 Bryan,TX 77805 979-775-9500 gendron@suddenlinkmail.com 5. Our firm(our team)understands fully the services to be performed. We have fully performed these services to the utmost degree for 19 years. We are zealous advocates for our clients and make the representation of juveniles the priority of our practice. The Statement of Work makes a point of filing few,if any,motions for continuance in cases on the grounds of a conflicting setting in another court. Let us be clear,we have never filed a motion for continuance for a case set for contested hearing in front of the Juvenile Referee based on a conflicting setting elsewhere—never in 19 years. We contin e, as alw s,to ke a positive commitment to provide the services as specified in the Statem e nt o k. 6. " Lane D.Thib.deaux-partner Patrick Gendron-partner 2 Section 2 —Experience of Firm's proposed personnel— (35 points) 1. List the number of employees in your firm. 4 staff persons and 3 attorneys -the number of interns fluctuates from 2 to 10 every semester (average about 6 per semester) 2. Patrick Gendron, Lane D. Thibodeaux, and Beth Ann Thibodeaux will perform legal representation. Resumes follow on the next pages which demonstrate qualifications to satisfy all critical and service requirement areas. 3. Staff Wanda Murphy Ms. Murphy is the lead staffer on juvenile matters handled by Gendron & Thibodeaux. She assists on all matters related to juvenile representation. Ms. Murphy has a wealth of experience in customer relations and utilizes her expertise when dealing with clients, their families, probation officers, and court personnel. Ms. Murphy also holds a paralegal degree from Blinn College. Jeffrey Martinez Mr. Martinez assists in juvenile cases in all respects including translating in Spanish. Mr. Martinez is on call 24 hours a day 7 days a week to assist on any and all cases. At times, he has to track clients and parents down at their home or other locations, give them rides to court or the office, and anything else that is required of him. Mr. Martinez • is a successful product of Bryan High School and a graduate of the Blinn Paralegal Program. He grew up on the very streets that most of our clients are from. We utilize his knowledge of the community on a daily basis. 3 Jodie Hodges Ms. Hodges' main duty is assisting on juvenile cases during contested phases of cases. Ms. Hodges was born and raised in Bryan and has decades of experience working in the Brazos County legal community and there are few remaining that have her extensive experience and contacts. Heidi DeLaRosa Ms. DeLaRosa is board certified by the Texas Board of Legal Specialization as a Legal Assistant in Criminal Law. She has worked in the Brazos County legal community for more than 20 years. We bring her on board to assist in appeals. 4. Staff and Attorney Resumes—see following pages 5. Copies of Texas State Board Licenses— see following pages 6. List of cause number, the identity of the court and dates of trial - See Attorney Resume Appendices on following pages 4 v I � • LANE D. THIBODEAUX LAW OFFICE OF LANE D. THIBODEAUX 308 NORTH WASHINGTON BRYAN,TEXAS 77803 (979) 775-5700 Education J.D. South Texas College of Law, Houston,Texas, May, 1985 and Licensure: B.A. Government, Sam Houston State University,Huntsville, Texas, December, 1981 Admitted to practice: State Bar of Texas: Licensed,November 1985 State Bar Number 19834000 Supreme Court of the United States Fifth Circuit,United States Court of Appeals Northern District of the United States District Court Southern District of the United States District Court Western District of the United States District Court Professional Specializations: Board Certified, Texas Board of Legal Specialization, Criminal Law (2001-Present) Formerly Board Certified: Personal Injury Trial Law, Texas Board of Legal Specialization (1999-2015) Trial Experience: Criminal/Juvenile: More than 100 jury trials. Trials of note: Two Capital Murder-Death Penalty cases. Approximately 21 juvenile jury trials, including a juvenile certified to stand trial as an adult for murder and the handling of numerous juvenile determinate sentencing cases. Civil: More than 30 personal injury trials. Trials of note: Jury verdict in Wise County,Texas meriting inclusion in Verdict Search—Texas, as a top ten jury verdict in cases involving injuries caused by a motor vehicle in 2009. Appellate: More than 80 criminal appeals. Appeals of note: Capital Murder-Death Penalty mid-trial mandamus proceeding: (In re: State ex rel Weeks, 391 S.W.3d 117 (Tex. Crim.App. 2013); Capital Murder-Death Penalty Pre-trial Interlocutory Writ of Habeas Corpus (Double Jeopardy Constitutional issue): (Ex parte Falk, 449 S.W.3d 500 (Tex. App.—Waco 2014, writ red), cert denied, 135 S.Ct. 1559 [Falk v. Texas [sub nom]] 2015); Approximately 8 juvenile appeals, including: • (In re:M.P, a child, 220 S.W.3d 99 (Tex. App.—Waco 2007, no pet.) (Confrontation Clause not applicable to juvenile disposition proceedings). Legal Bench/ Bar Service: Member: (Chairman) Standing Committee for Selection of Officers, and Ad Hoc Committee on Juror Outreach, Brazos County Criminal Defense Lawyers Association(2019). Member-Past: Committee for Certification of Qualified Counsel in Death Penalty Cases for the Second Administrative Judicial Region of Texas (2012-2019). Member-Past: Committee for Driving While Intoxicated Offenses: Texas Criminal Defense Lawyers Association(2009- 2015). President-Past: Brazos County Bar Association (2008). President-Past: Brazos County Young Lawyers Association (1995). • Writing and Screenwriting: Winner: 2012 Texas Bar Journal Short Story Contest,Bouquet by Numbers, 75 Tex. B.J. 425 (2012). Finalist: 2017 Texas Bar Journal Short Story Contest,Boxes, 80 Tex. B.J. 366 (2017). Finalist Cowboy Up Short Story Contest:Llano Estacado, published,Award-Winning Tales, Moonlight Mesa Assoc. March 2011, ISBN: 978-0-9827587. Published: Southern Hum—Southern Literature, Cluttered Places, June, 2006. Official Selection: 2018 Red Wasp Short Film Festival: Bouquet by Numbers, https://www.iindb.com/title/tt5792022/ (Credit: Co-writer(with Donny Hall); Executive Producer). Professional Organizations: Juvenile and Criminal Law Sections, State Bar of Texas. Texas Criminal Defense Lawyers Association. American Association for Intellectual and Developmental Disabilities. Awards: American Jurisprudence Award— Constitutional Law, South Texas College of Law, 1984. Brazos County Civil Legal Aid Pro Bono Award—Brazos County Civil Legal Aid, 1991. Appendix A—Trial Case Chart Appendix B—Thibodeaux Law License. Appendix A TRIAL CASES CHART— CRIMINAL--LANE D. THIBODEAUX Style of Case Cause No. and Trial Date Type of Case Disposition Court State of Texas vs. 20,178-272; March 5, 1992 Theft-$750-$2,000 Not Guilty Bobby Eugene 272"d District Court Thomas of Brazos County, Texas Judge John Delaney State of Texas vs. 20,492-85,85"' October 7,1992 Aggravated Assault Guilty Yvette Jones District Court of -Two Counts Brazos County, Texas Judge J.D.Langley State of Texas vs. 92-002858,College 1992 Assault by Contact Not Guilty Barbara Rosenfeld Station,Texas Municipal Court State of Texas vs. 2217-93,County 1993 D.W.I. Guilty David Mitchell Court at Law No. Garrett One of Brazos County,Texas State of Texas vs. 2767-93,County 1993 Evading Arrest Mistrial Patrick Lamar Court at Law No. Hunter Two of Brazos County,Texas State of Texas vs. 22,233-85,85"' December 15,1993 Aggravated Assault Guilty Paul Wesley Hines District Court of with a Deadly Brazos County, Weapon Texas Judge J.D.Langley State of Texas vs. 94013479 and 1994 Failure to I.D. Not guilty Angela Emmerton 94013481,College Station,Texas Municipal Court State of Texas vs. 94-172217,Bryan, 1994 Unlawfully fail to Guilty Bonnie Polk Municipal Court yield right of way State of Texas vs. 94-007070,College 1994 Minor in Possession Hung Jury Spencer Randall Station,Texas Voytek Municipal Court State ofTexas vs. 95 3 1 79-3 6 1,361" December 20, 1995 Assault-Bodily Guilty Christopher Morris District Court of Injury Atkinson Brazos County, Texas Judge Carolyn Ruffin State of Texas vs. College Station, 1996 Public Intoxication Guilty Joseph Catalina Texas Municipal Court State of Texas vs. 963459-CCL1; December 14, 1998 D.W.I. Not Guilty Gerald Mark Smith County Court at Law No.One of Brazos County, Texas,Judge Steve Smith 1 0 0 Style of Case Cause No. and Trial Date Type of Case Disposition Court State of Texas vs. 972243-CCL1; May 4&5, 1999 Driving While Guilty Gerald Mark Smith County Court at License Suspended Law No.One of Brazos County, Texas,Judge Randy Michel State of Texas vs. 983314-CCL2; July 6&7, 1999 Deadly Conduct Not Guilty David Morrison County Court at Law No.Two of Brazos County,Texas, Judge Randy Michel (Judge Rick Davis was out) State of Texas vs. 26,546-272 and July 8&9, 1999 Delivery of a Guilty Curtis McGee 26,543-272;272"d Controlled District Court of Substance Brazos County, Texas, Judge John Delaney State of Texas vs. 990252-CCL2, July 27&28,1999 Driving While Guilty Ronald Anderson County Court at Law Intoxicated No.Two of Brazos County,Texas Judge John Martin (visiting Judge) In the Interest of 200-J-99,County August 30- Burglary of a True Dustin Moore,A Court at Law No. September 1, 1999 Habitation and Child Two of Brazos Evading Arrest John Paul's case- County,Texas was co-counsel Judge Rick Davis State of Texas vs. 994540-CCL2, February 1—2, Driving While Not Guilty Darrell Punch County Court at Law 2000 Intoxicated No.Two of Brazos County,Texas Judge Glynis Gore State of Texas vs. 27,242-272,272"d March 6—9,2000 Aggravated Sexual Guilty to lesser Roger Lawrence District Court of Assault and included charge of Keeling Brazos County, Aggravated Assault Aggravated Assault Texas —50 years Judge J.D.Langley State of Texas vs. 994716-CCL2, Apri14—6,2000 Driving While Guilty Stephen James County Court at Law Intoxicated Barton No.Two of Brazos County,Texas Judge Glynis Gore 2 Style of Case Cause No. and Trial Date Type of Case Disposition Court State of Texas vs. 994033-CCLI, May 1—2,2000 Assault—Bodily Not Guilty Christopher Leon County Court at Law Injury Hill No.One of Brazos County,Texas Judge Randy Michel State of Texas vs. 992188-CCL2, July 11-12,2000 Theft$50-$500 Guilty Eduardo Alvarez County Court at Law No.Two of Brazos County,Texas Judge Jim Locke State of Texas vs. 993807-CCL1, July 31—August 1, DWI—First Guilty Federico Roberto County Court at Law 2000 Battle No.One of Brazos County,Texas Judge Randy Michel State of Texas vs. 000174-CCLI, August 15-16,2000 r Possession of Client pled guilty Cindy Diwana County Court at Law Marijuana after jury selection Collins No.Two of Brazos and suppression County,Texas hearings Judge Jim Lock In the Matter of Jose 3344-00, October 17-19,2000 Juvenile—Evading True Mauricio,A Child County Court at Law Detention No.Two of Brazos County,Texas Judge Jim Locke State of Texas vs. 993881-CCLI, November 13,2000 Evading Detention Guilty Justin Ryan Davison County Court at Law No.One of Brazos County,Texas Judge Randy Michel • State of Texas vs. 27,878-85,85th February 12—15, Injury to a Child Jury deadlocked— Vince Adam District Court of 2001 Case pled to lesser Richardson Brazos County, offense prior to Texas • Court declaring a Judge J.D.Langley mistrial State of Texas vs. 28,081-361,361' April 9—10,2001 Criminal Mischief- Guilty Valeria Jean Faulk District Court of $1,500-$20,000 Brazos County, Texas Judge Steve Smith State of Texas vs. 28,316-272,272" May 1—2,2001 Indecency with a Guilty Hal Vernon Parfait District Court of Child Brazos County, Texas Judge Rick Davis 3 0 0 . Style of Case Cause No. and Trial Date Type of Case Disposition Court State of Texas vs. 28,582-272,272'"' September 4—5, Felony DWI Guilty Jason Christopher District Court of 2001 Garcia Brazos County, Texas Judge Rick Davis State of Texas vs. 28,382-361 October 1—2,2001 Delivery of a Guilty Roger Fitzgerald 361"District Court Controlled Dunn of Brazos County, Substance Texas;Judge John Delaney(sub.for Judge Smith) _ In the Matter of 233-J-01 November 12-15, Juvenile— True(pled while LaBrandon Searcy, County Court at Law 2001 Determinate jury deliberating on A Child No.One of Brazos Sentencing sentencing) County,Texas allegation; Judge Randy Michel Aggravated Assault with a Deadly Weapon State of Texas vs. 28,691-361 February 4--14, Aggravated Sexual Guilty—30 years Eric Vaughn 361"District Court 2002 Assault TDCJ Schultze of Brazos County, Texas Judge Steve Smith In the Matter of 452-J-01 April 2,2002 Aggravated Sexual True—pled Daphne Williams,A 272"d District Court Assault of a Child following jury Child of Brazos County, selection Texas Judge Carolyn Ruffin(visiting Judge) State of Texas vs. 28,840-361 May 6—8,2002 Murder Pled to 12 years after Susano Banda 361'District Court State rested;credit of Brazos County, for back time in Texas Juvenile Detention Judge Steve Smith State of Texas vs. 28,816-361" July 8—10,2002 Indecency with a Guilty—10 years on Lonny Johnson 361"District Court Child x 3 each count to run. of Brazos County, concurrently Texas Judge Steve Smith State of Texas vs. 013432-CCL2 November 19,2002 DWI Ready to pick jury, Meredith Woehat County Court at Law Went through No.Two of Brazos Pretrial suppression County,Texas hearing,CA Office Judge Jim Locke appealed suppression ruling, on appeal 4 Style of Case Cause No. and Trial Date Type of Case Disposition Court State of Texas vs. 29,619F-85th January 13-15,2003 Aggravated Assault Guilty by jury,pled John Augustus 85t District Court with Deadly to 25 years Smith,IV of Brazos County, Weapon Texas Judge J.D.Langley (co-counsel with Phil Banks) In the Matter of 399-J-02 February 3-5,2003 UUMV Dismissed after Rafael Ginn,A 272"d District Court State's case Child of Brazos County, Texas Judge J.D.Langley In the Matter of 1064-02 February 25,2003 Contested Terry Macs,A Child 272id District Court Modification of Brazos County, Texas Judge Rick Davis In the Matter of Jose 5164-02 March 3,2003 Contested Esquivel,A Child 272".District Court Suppression hearing of Brazos County, Texas Judge Rick Davis In the Matter of 30.1-J-02 March 7,2003 Contested Steven Harris,A 272' District Court Modification Child of Brazos County, Texas Judge Rick Davis In the Matter of 33-J-03 . April 8—10,2003 Assault on a Public Found True;Judge Shelvonna Harriel, 272"d District Court April 17,21,2003 Servant sentenced to 12 A Child of Brazos County, (Disposition) months probation Texas Judge Rick Davis In the Matter of 71-J-03 May 6&7,2003 UUMV Found True;Judge Chenea Thomas,A 272"d District Court sentenced to 12 Child of Brazos County, months ISP Texas probation Judge Rick Davis In the Matter of 443-J-02 June 10&11,2003 Evading Arrest Found Not True Deon Rush,A Child 272"d District Court of Brazos County, Texas • Judge Rick Davis In the Matter of 107-J-00 June 13,2003 Contested Sentenced to TYC Michael Eisenhauer, County Court at Law Modification hearing A Child No.One of Brazos County,Texas Judge Randy Michel 5 Y r� 0 Style of Case Cause No. and Trial Date Type of Case Disposition: Court In the Matter of 157-J-03 June 17,2003 Evading Arrest Found True Deon Rush,A Child 272"d District Court of Brazos County, Texas Judge Rick Davis In the Matter of 382-J-02 June 23,2003 Contested Pled to Frankie Bell,A 272"d District Court Modification hearing Child of Brazos County, Texas Judge Rick Davis State of Texas vs. 03-00999-CRF 361 August 12—15, Burglary of a Not Guilty Booker Thomas 360 District Court 2003 Building Jones,Jr. of Brazos County, Texas Judge Steve Smith In the Matter of 250-J-03 September 9-11, Assault of a Public Found True, Danny Smith,A 272"d District Court 2003 ' Servant sentenced to 18 Child of Brazos County, months probation Texas Judge Rick Davis State of Texas vs. 03-02171-CRF-272 October 7,2003 Assault of a Peace Guilty,pled to Willie Deon Taylor 272"d District Court (Jury Selection) Officer of Brazos County, October 14,2003 Texas Judge Rick Davis State of Texas vs. 03-04 February 3-6,2004 Possession of a Guilty,jury assessed James Arthur 272"d District Court Controlled punishment of Densey of Brazos County, Substance with Texas Intent to Deliver 4g Judge Rick Davis —200 g State of Texas vs. 03-02553-CRF-272 June 29,2004 Aggravated Assault Guilty,60 days BCJ Keith Wilson 272"District Court (Mistrial) —Serious Bodily then 10 years Pollock of Brazos County, Injury with deadly probation, Texas August 3-6,2004 weapon allegation restitution,anger Judge Rick Davis _management class State of Texas vs. 03-03576-CRF-85 August 9-12,2004 Injury to a Child Guilty to lesser Rosalia Burton 85d'District Court of included Brazos County, Texas Judge J.D.Langley State of Texas vs. CR-26,967 August 23-25,2004 DWI Not Guilty Kevin Royce Grygar County Court of Milani County, Texas Judge Frank Summers State of Texas vs. 04-01594-CRF-272 October 5,2004 Possession of a Guilty—Sentenced John Wesley 272"d District Court (Mistrial) Controlled to 15 years TDC Sterling of Brazos County, Substance<1 gram Texas October 19-21,2004 (double enhanced) Judge Rick Davis 6 ..,. C1 n Style of Case Cause No. and Trial Date Type of Case Disposition Court State of Texas vs. 03-04527-CRF-85 November 1-4, Indecency with a Mistrial—Jury Don Terrell 85a'District Court of 2004 Child by Exposure- deadlocked Brazos County, Enhanced Texas Judge Jack Placke (visiting Judge) In the Matter of 414-J-04 December 6-7,2004 Assault of a Public Jackie Robinson,A 272"d District Court Servant Child of Brazos County, Texas Judge Rick Davis State of Texas vs. 03-04527-CRF-85 February 7-10,2005 Indecency with a Guilty Don Terrell 85ai District Court Child by Exposure— Enhanced State of Texas vs. 04-03253-CRF-272 April 5-8,11,14, Possession of a Guilty—jury Codes Theodore 272"'t District Court 2005 Controlled assessed punishment Nash Judge Rick Davis Substance with of 40 years Intent to Deliver 4- 200 grams State of Texas vs. 05-00767-CRF-272 July 5-7,2005 Aggravated Sexual Went through jury Roger Wade Pharris, 272"d District Court Assault of a Child selection—pled Jr. Judge Rick Davis guilty and went to jury for punishment —received 15 years In the Matter of 337-J-04 October 11-14,2005 Two Counts Jury found"True" Mark Powell,A 272"District Court Aggravated Sexual on Child Judge Rick Davis Assault and Two Counts Indecency with a Child In the Matter of November 8-10- Assault Jury found"True"— Martin Watson,A 272"i1 District Court 2005 Agreed disposition Child Judge Rick Davis to 6 months probation State of Texas vs. Jury found guilty Hugh Akin 272"District Court Judge Rick Davis In the Matter of 92-J-06 May 9,11,12,2006 Jury found"Not Justin Doty,A Child 272 District Court True" Judge Rick Davis In the Matter of 3824-05 August 8-11,2006 Aggravated Robbery Jury found"True" Darius Burns,A 272"d District Court Child Judge Harold Towslee(visiting) In the Matter of 55-J-07 May 15-17,2007 Burglary of a Jury found"True" Brandon Headge,A 272"District Court Habitation Child Judge Rick Davis . State of Texas vs. 06-1901 May 21,2007 DWI Jury found"Not Ryan Evans County Court at Law Guilty" of Walker County, Texas Judge Barbara Hale In the Matter of May29,2007 Jury found"True" Moses Olvera,A Child _ In the Matter of June 26,2007 ' Bench Trial—Judge Jacinto Perez,A found"True" 7 Child State of Texas vs. Cause No.07- February 26-28, Fail to ID Not Guilty Marcus Anthony 03635-CRM-CCL2 2008 Wilson County Court at Law No.Two Judge Jim Locke In the Matter of Assault-Bodily Jury found"True"— Jacob Christian,A Injury—Family Child Violence State of Texas vs. August 11 & 12, DWI Mistrial Kevin Howard Walker County, 2008 Texas Judge Barbara Hale State of Texas vs. November 3&5, DWI Not Guilty Cliff Woods Houston County, 2008 Texas Judge Sarah Clark In the Matter of 220-J-08 November 11-13, Anthonis Benford,A 272"District Court 2008 Child Judge Travis Bryan In the Matter of 215-J-08 November 18-21, Found"true" Michael Grimaldo 272"�District Court 2008 Judge Travis Bryan State of Texas vs. 07-01541-CRF-272 March 25-26,2009 Possession of a Client pled after start Willie Smith 272"d District Court Controlled of trial—4 years Judge Travis Bryan Substance 1-4 grams TDC,State waived enhancements State of Texas vs. April 13-15,2009 Sexual Assault Not Guilty Brian Pollock 36I 1 District Court Judge Steve Smith State of Texas vs. 08-05244-CRF-85 August 17-24,2009 Murder Guilty—60 years Bennie Smith 85m District Court Judge J.D.Langley State of Texas vs. September 1-8,2009 Indecency with a Mistrial—9 to 3 Jessie Orta 272"' District Court Child by Sexual Judge Travis Bryan Contact State of Texas vs. March 2-5,2010 Assault—Bodily Guilty- Frank Morrison County Court at Law Injury No.Two Judge Jim Locke State of Texas vs. 08-04618-CRM- March 24&25, DWI Not Guilty Joshua Sparks CCL1 2010 County Court at Law No.One Judge Amanda Matzke 8 State of Texas vs. 10-00903-CRM- February 2,3&7, DWI Guilty Gurinder Singh CCL2 2011 County Court at Law No.Two Judge Jim Locke State of Texas vs. 85"'District Court February 21-28, Capital Murder Guilty—Cap Life Artis Pollard Judge J.D.Langley 2011 State of Texas vs. County Court at Law March 9-10,2011 DWI _Guilty Adam Hammonds No.One Judge Amanda Matzke State of Texas vs. 85"'District Court April 18-21,2011 Felony DWI Guilty Bonita Butler Judge J.D.Langley (Cathe) State of Texas vs. 2009R-0119 May 9-11,2011 Felony DWI Guilty Melissa Kaye Burke 155di District Court Austin County Judge Jeff Steinhauser State of Texas vs. 09-01475-CRM- October 31- DWI Deadlocked Jacob Drake Stewart CCL1 November 1,'2011 Judge Amanda Matzke State of Texas vs. 361"District Court April-June 2012 Capital Death Death Stanley Lamar Judge Steve Smith Griffin State of Texas vs. 09-01471-CRM- September 24&25, DWI Guilty Wenhsing Hsu CCLI 2012 Judge Amanda Matzke State of Texas vs. 09-00618-CRM- September 26-28, DWI Not Guilty Micky Anderson CCL2 2012 Judge Jim Locke State of Texas vs. 361'District Court October 8-9,2012 DA offered plea to Joseph Weida Judge Steve Smith misd before end of Case State of Texas vs. CCL2 October 24&25, DWI Not Guilty Gerald Ainsworth Judge Jim Locke 2012 State of Texas vs. 272""District Court Capital Murder Mistrial John Falk Judge Ken Keeling January 2013 (Transfer of Venue from Walker County) State of Texas vs. CCL2 May 15& 16,2013 DWI Guilty Ronald Sivertson Judge Jim Locke In the Matter of 206-J-12 July 9&10,2013 Sexual Assault Kyle Soler,A Child 272°d District Court Judge Travis Bryan _ _ State of Texas vs. 10-04783-CRM- August 14&15, Assault Family Guilty Randal Stuart CCL2 2013 Violence Judge Jim Locke State of Texas vs. CCLI-Judge September 11,2013 Not Guilty Marcos Cisneros Amanda Matzke State of Texas vs. 12-05410-CRM- January 13&14, Possession of Not Guilty John Henry Vivian CCL2 2014 Marijuana Judge Jim Lock State of Texas vs. January 29&30, DWI>.15 Guilty Gabriel Martinez CCLI 2014 9 Judge AmaiI s4 Matzke In the Matter of 313-J-13 February 18,2014 Harassment True Donaven Davis,A 272nd District Court Child Judge Travis Bryan State of Texas vs. February 26,2014 Possession of Not Guilty Kalen Cox CCLI Marijuana Judge Amanda Matzke State of Texas vs. 12-04702-CRF-272 April 7-9,2014 Possession of a Guilty Tara McCartney Judge Travis Bryan Controlled Substance PG 2 4- 400 grams State of Texas vs. 12-02349-CRM- April 23-25,2014 DWI>.15 Guilty Curtis Rodgers CCLI Judge Terry Flenniken(visiting judge) State of Texas vs. 11-03251-CRM- July 23-24,2014 DWI Guilty Kameron Kitchens CCL2 Judge Jim Locke State of Texas vs. I2-01244-CRF- October 1-7,2014 Capital Murder— Guilty Eugene Jenkins 272 Intend Other Felony Judge Travis Bryan State of Texas vs. 12-05002-CRM- November 12-13, DWI State offered to David Obrian CCLI 2014 reduce case to Shelby Judge Amanda Obstruction after Matzke first day of testimony State of Texas vs. 13-05109-CRM- March 9-10,2015 DWI-First Guilty Chad Alan Mathews CCL1 Judge Amanda Matzke State of Texas vs. 14-03586-CRF-85 July 6-7,2015 Agg Assault State offered 9 yr Ade Dwayne King Judge Kyle W/Deadly Weapon Plea—client Hawthorne accepted State of Texas vs. 13-00I60-CRM- September 9-11, DWI Guilty Leonard Kirk CCL2 2015 Lamson Judge Jim Locke State of Texas vs. 14-00899-CRM- January 25,2016 DWI Client accepted plea Vicente Marquez CCLI after jury selection Judge Amanda Matzke State of Texas vs. 14-00106-CRM- March 9,2016 DWI Guilty John Tyler Richards CCLI Judge Amanda Matzke State of Texas vs. 17-03392-CRM- November 15,2017 DWI(2 counts) Guilty Francisco Perez- CCL2 Amaya Judge Jim Locke In The Matter of 56-J-17 November 28,2017 Engaged in Case Dismissed after M.M.,a child Judge Travis Bryan, Delinquent Conduct jury selection. III State of Texas vs. 15-00629-CRM- June 11,2018 DWI Guilty Eric Christopher, CCL1 Percoski Judge Amanda Matzke ; 10 0 0 Appendix A TRIAL CASES CHART—CRIMINAL BETH ANN SMITH THIBODEA SIX- (SINCE 1997) Style of Case Cause No. and Trial Date Type of Case Disposition Court State of Texas vs. 28,691-361 February 4—14, Aggravated Sexual Guilty—30 years Eric Vaughn 3615`District Court 2002 Assault TDCJ Schultze of Brazos County, Texas _Judge Steve Smith In the Matter of 215-J-08 ' November 18-21, Found"true" Michael Grimaldo 272"District Court 2008 Judge Travis Bryan In The Matter of 56-J-17 November 28,2017 Engaged in Case Dismissed after M.M.,a child Judge Travis Bryan, Delinquent Conduct jury selection. III In the Matter of 245-J-18 October 2,2018 Indecency with Motion to Non-Suit R.G.,a child Judge Travis Bryan, Child Sexual filed after jury III Contact selection. In the Matter of 3204-18 January 8,2019 Child Engaged in Accepted Plea after K.C.,a child Judge Travis Bryan, Conduct Indicating a jury selection III Need Supervision In the Matter of K.J., 080-J-18 March 19,2019 Child Engaged in Guilty a child Judge Travis Bryan, Delinquent Conduct III State of Texas v. 17-00251-CRF-361 June 13,2019 and Poss CS PG2 Less Guilty Samuel Crawford Judge Steve Smith June 27-28,2019 Than One Gram Patterson 1 Cs) Patrick K. Gendron 318 N. Bryan Ave. * Bryan,Texas 77803 Office: (979)775-9500 * Fax: (979)775-0026 * gendron@suddenlinkmail.com Legal Law Office of Patrick K.Gendron,Bryan,Texas- 1998 to present. General practice with a concentration in Juvenile Defense. Other areas of practice consist of real estate,probate,and government relations. Juvenile Law Section of the State Bar of Texas—member since 2000 - Council member since 2014(Chair-Elect of the Juvenile Law Section—2019-2020) - Chair of the organizing committee of the 33''Annual Juvenile Law Conference—Feb.2020 - Contributor to development of forms used by practitioners around the State of Texas Mentor Program—Texas A&M Sociology Dept./Gendron&Thibodeaux 18 year cooperative effort Juvenile Delphi Panel-Texas A&M University's Public Policy Research Institute(PPRI)and Texas Indigent Defense Commission—Advisory Panel member—2015/2016 Legal Services to the Poor in Criminal Matters-Standing Committee of the State Bar of Texas - Contributor to the Performance Guidelines for Juvenile Representation in Delinquency Proceedings 2015/2016 Brazos County Bar Ass'n&Brazos County Criminal Defense Bar Ass'n—active member Mediator with the Dispute Resolution Center/Central Brazos Valley Inc.—(previous) National Association of Counsel for Children—member(previous) Texas Criminal Defense Lawyers Ass'n—College Station CLE—February 28,2004-speaker FDA 2013 Southwest Regional Retail Food Seminar-September 19,2013—legal presenter Robert O.Dawson Juvenile Law Institute—February 2019-presenter—lecture on Juvenile Law Education The University of Texas School of Law—Juris Doctor- 1997 Texas A&M University Bachelor of Science in Political Science— 1994—Magna Cum Laude CLE in Juvenile Law—more than 275 hours 40 Hours Meditation Training Course-Bryan,Texas—October 1997 Community Involvement Texas Certified Farmers'Market Corporation—President(current) Brazos Valley Farmers' Market Association—past President for 13 yrs. Big Brothers Big Sisters of the Brazos Valley—Board Member(previous) Brazos County Vote Center Committee-2015 Chamber of Commerce of Bryan/College Station-member(previous) Chimney Hill Homeowners Association—Board Member(previous) Elder Aid,Inc.(charity to help the elderly)-Board Member(previous) Brazos County Bilingual Advisory Group—Board Member(previous) -mandated by U.S.Dept.of Justice regarding local elections C.J, Brazos County Historical Commission—member(previous) Rotary GSE Team to India-2000 Brazos Valley Community Coalition(sponsored by BVCASA)—Board Member(previous) Hispanic Forum of Bryan/College Station—member(previous) L.U.L.A.C.—member and officer(previous) St.Mary's Catholic Church—College Station,Texas—parishioner REFERENCES Honorable Pat Garza Editor of the Juvenile Law Section Newsletter 3866 District Court 235 E.Mitchell St. San Antonio,Texas 78210 Kaci Singer Staff Attorney and Policy Supervisor Texas Juvenile Justice Department P.O.Box 12757,Austin,TX 78711 Carmen Thomas Leon County Chief Juvenile Probation Officer P.O.Box 1360 Centerville,TX 75833 Riley Shaw Deputy Division Chief-Criminal Division of Tarrant County District Attorney's Office Former Chief Juvenile Prosecutor—Tarrant County 401 W.Belknap Fort Worth,TX 76196 Jon C.Fultz Grimes County Attorney 382 FM 149 West Anderson,TX 77830 Billy Carter Attorney at Law 201 North Main Bryan,Texas 77803 Appendix A—Case Chart—Juvenile - Note:This trial chart lists all contested settings-some proceeded and some resulted in a plea. Appendix B—Gendron Law License GENDRON RESUME APPENDIX A - 2014 BENCH TRIAL.SETTINGS 2/11/14 3304-13 Juvenile Court 5/12/14 96-1-13 272nd Court 5/12/15 1604-14 Juvenile Court 1 325/14 346-3-13 Juvenile Court 520/14 67-1-14 Juvenile Court 5/15/15 269-1-14,10-3-15,1284-15,112 J-15 Juvenile Court 4/11/14 346-1-13,424-14 Juvenile Court 5/29/14 3321-13 272nd Court 6/26/15 182-1.15 Juvenile Court - 4/15/14 67-1-14 Juvenile Court 6/10/14 231-1-13 Juvenile Court 6/30/15 195-J-I5,416-J-14 Juvenile Court 4/17/14 36-1-14 272nd Court 6/16/14 332-1-13 272nd Court 7/10/15 331-1-14 Juvenile Court 4/22/14 292-J-13,94-J-14 Juvenile Conn 627/14 374-J-12,190-1-14 Juvenile Court 7/14/15 24-1-15 Juvenile Court 429/14 194-1-13 Juvenile Court 7/1/14 356-J-12,205-J-14 Juvenile Court 724/15 2464-15 Juvenile Court _627/14 374412,190 J-14 Juvenile Court_ 7/1/14 250-1-13 Juvenile Court 728/15 331-J-I4 Juvenile Court 7/1/14 356-J-12,205-1-14 Juvenile Court 7/18/14 313-J-13 Juvenile Court 8/24/15 223-1-1.5280-J-15 Juvenile Court 8/19/14 1201-14231-J-14 Juvenile Court 7/18/14 203-1-13 Juvenile Court 824/15 249-1-15 Juvenile Court 822/14 233-J-14,305J-13 Juvenile Court 7/28/14 379-1-12 272nd Court 828/15 214-J-15 Juvenile Court 92/14 474-14226-J-14 Juvenile Court 8/5/14 289-3-13 Juvenile Court 9/4/15 274-3-15 Juvenile Court 9/8/14 122-3-14 272nd Court 8/5/14 191-3-13 Juvenile Court 9/18/15 120-J-14,231-J-14 Juvenile Court 1 9/12/14 342-1-13,2454-14 Juvenile Court 8/5/14 48-1-14 Juvenile Court 10/13/15 214-J-14,332-J-15 Juvenile Court_ i 9/23/14 2414-14 Juvenile Court 8/15/14 289-1-13 Juvenile Court 10/27/15 310-J-15,362-J-15 JuvenileCO3 li 1028/14 1891-14 Juvenile Court 8/15/14 1604-14 Juvenile Court 11/3/15 3174-15 Juvenile Court 10/31/14 1344-14 Juvenile Court 8/15/14 230-1-14 Juvenile Court 11/3/15 3394-15 Juvenile Court II/7/14 191-J-14 Juvenile Court II/19/14 120J-14,231-J-14 Juvenile Court II/13/IS 407-7-14 Juvenile Court — 122/14 276-1-14 Juvenile Court 8/22/14 233-J-14,305-J-13 Juvenile Court 1120/15 255-1-14 Juvenile Court 12/5/14 93-1-14 Juvenile Court - 8/29/14 1601-14 Juvenile Court 17/4/15 317-1-15 Juvenile Court _ 12/5/14 207.3-14 Juvenile Court 8/29/14 230-1-14 Juvenile Court_ 12/11/15 241415,389-J-15 Juvenile Court 12/12/14 2591-14 Juvenile Court 829/14 306-1-13 Juvenile Court 12/11/15 415-J-15,414-J-14 Juvenile Court 92/14 47-J-14,2261-14 Juvenile Court 1229/I5 3644-15 Juvenile Court 2014 CONTESTED HEARING SETTINGS 9/12/14 342-3-13245-1-14 Juvenile Court 1/13/14 242J-12,323-1.13 272nd Court 9/23/14 221-14 Juvenile Coun 2015 CONTESTED HEARING SETTINGS 1/21/14 57-1-13 Juvenile Court 923/14 2034-14 Juvenile Court 1/6/15 222-J-14,390-J-14 Juvenile Court 1/28/14 -__ 3094-12 Juvenile Court 926/14 2154-13 Juvenile Court 122/15 400-1-14 272nd Court• j 2/4/14 254-J-13 Juvenile Court '10/10/14 47-1-14226-1-14 Juvenile Conn 1/22/15 306-1-13 272nd Court 2/6/14 323-1-13,242-J-12 272nd Court 12/2/14 238-1-13 Juvenile Court 1/23/15 259-1-14 Juvenile Court 2/11/14 744-13 Juvenile Court 12/8/14 241-1-14 Juvenile Court 2/2/15 86-3.12 272nd Court 2/11/14 254-1-13 Juvenile Court 12/12/14 1104-13 Juvenile Court 324/I5 2884-13 Juvenile Ca 2/18/14 2754-13 Juvenile Court 12/12/14 306-1-13 Juvenile Court 3/31/15 231-1-13 JuvenileCaJ..--- 2/18/14 313413 272nd Court 4/14/15 254-1-13 Juvenile Court 7/27/14 330-J-13 272nd Court 2015 BENCH TRIAL SETTINGS 4/15/15 304-14 272nd Court 3/4/14 280-3-13 Juvenile Court 1/6/15 222-J-14,3904-14 Juvenile Court 424/15 189-J-14 Juvenile Court 3/17/14 313J-13,3094-13 272nd Court 1/13/15 3544-14 Juvenile Court 4/24/15 231-1-13 Juvenile Court 3/18/14 130-1-13 Juvenile Court 1/16/15 934-14 Juvenile Coun 428/15 255-1-14 Juvenile Court 3/19/14 2804-13 Juvenile Court 2/2/15 265 3-13 272nd Court 5/12/15 160-1.14 Juvenile Court 4/1/14 86-1-12 Juvenile Court 2/3/15 369-1-14,331-J-14 Juvenile Court 5/12/1S 3374-14 Juvenile Court 4/1/14 186-J-13 - Juvenile Court 4/14/15 694-I5 Juvenile Court 5/20/15 10-1-15,128-J-15 272nd Court 4/22/14 292 J-13,94-J-14 Juvenile Court 4/14/15 93-J-I4 Juvenile Court 6/2/I5 322-3.14 Juvenile Court 4/22/14 285-1-12,92-J-14 Juvenile Court 4/17/15 1024-15 Juvenile Court 62/1S 284-15 Juvenile Court 4/30/14 71-J-13 272nd Court 5/5/15 97-J-14,397-J-14 JuvenileCoun 6/5/15 674-14 Juvenile Court 1 GENDRON RESUME APPENDIX A 6/9/15 19 J-15 Juvenile Court 10/4/16 2074-15,4864-15,248-3-16 Juvenile Court 8/9/16 207-3-16,4864-i5 Juvenile Court • 619/15 175-1.15,332-3-I3 Juvenile Court 10/10/16 409-J-14,225-J-16 Juvenile Court 8/12/16 219-J-15 Juvenile Court 6/12/15 294J-14,187-3-15 Juvenile Court 10/11/16 28-3-16 JuveniileCourt 8/16/16 111J-16 Juvenile Court 6/16/15 165 J-15 Juvenile Court 10/14/16 245-1-16 Juvenile Court. 824/16. 108-J-15,120J-14,231 J-14. 272nd Court . 6/16/15 2144-14 Juvenile Court 11/11/16 199-1-15,3034-16 Juvenile Court 8/29/16 418-1-15 Juvenile Court 6/16/15 203-1-14 Juvenile Court 11/11/16 237-J-16 Juvenile Court 9/13/16 207-J-15,486-J-15 Juvenile Court 6/16/15 22-1-14 Juvenile Court 11/18/16 407-J-15,314J-16 Juvenile Court 9/16/16 2284-15 Juvenile Court 624/15 166-1-15,303 J-14,69J-15 272nd Court 1122/16 182 J-15,323-J-16 Juvenile Court 9/20/16 387-3-15 Juvenile Court 6/26/15 2854-14 Juvenile Court 10/21/16 2 J-16 Juvenile Court 7/10/15 331-3-14 Juvenile Court 2016 CONTESTED HEARING SETTINGS 1Inn6 419-3-15 Juvenile Court 7/16/15 2014-13 272nd Court 1/5/16 443-3-15,28-J-15 Juvenile Court 11/8/16 2854-14 Juvenile Court 828/15 99-1-15 Juvenile Court 1/8/16 1744-15 Juvenile Court 11/8/16 239-3-15 Juvenile Court 828/15 19.1-15 Juvenile Court 1/12/16 368-J-15,396-1-15 Juvenile Court 11/11/16 285-3-14 Juvenile Court 9/18/15 94-1-15 Juvenile Court 1/17/16 285-1-12 Juvenile Court 11/11/16 237-3-16 JuvenileC( 929/15 4074.14,261-J-15 Juvenile Court 1/19/I6 159-3-15 Juvenile Court 11/18/16 458-1-15 JuvenilleCL 1 1023/15 219-3-15 Juvenile Court 2/26/16 3224-15 Juvenile Court 11/18/16 285-1-14 Juvenile Court 10/23/15 751-15 Juvenile Court 3/11/16 353-1-14 Juvenile Court 11/21/16 1394-16 Juvenile Court 10/27/15 280-1-15 Juvenile Court 322/16 93-J-15,485-J-15 Juvenile Court 1122/16 182-J-15,323J-16 Juvenile Court 12/11/I5 1604-14 Juvenile Court 4/1/16 126-3-15 Juvenile Court 1129/16 1594-15 Juvenile Court 12/11/15 241J-15,389 J-15 Juvenile Court 4/5/16 93-1-15 Juvenile Court 122/16 96-J-16 Juvenile Court 4/8/16 331-1-15 JuvenrleCourt 12/13/16 1394-16 Juvenile Court 2016 BENCH TRIALSErTINOS 4/8/16 1894-14 Juvenile Court 1/5/16 443J-15,28-1-15 Juvenile Court 4/8/16 420-3-15 Juvenile Court 2017 BENCH TRIAL SETTINGS 1/12/16 364-3-15 Juvenile Court 4/11/16 478-J-15 Juvenile Court 124117 277J-15,349-3-16 Juvenile Court 122/16 451 J-15,182-J-15 Juvenile Court 4/11/16 133-1.15 Juvenile Court _ 2/20/17 3493-16 272nd Court 1/25/16 1534-15,227-J-15 Juvenile Court 4/12/16 285-1.15 Juvenile Court 3/21/17 359-J-16 Juvenile Court 3/22/16 331.1-15 Juvenile Court 420/16 1634-15 272nd Court 4/4/17 9-1-17 Juvenile Court 4/5/I6 9-1-16 Juvenile Court 4/21/16 4204-15 272nd Court 4/14/17 3474-16 Juvenile Court 4/12/16 17-1-16,479-1.15 Juvenile Court 4/22/16 478-1.15 Juvenile Court 424/17 345-1-16,341-J-16 272nd Court 426116 101J-16,257J-15,88J-15 Juvenile Court 422/16 285J44 Juvenile Court 428/17 104-17 Juvenile Court 5/17/16 415-J-15,119.1-16 Juvenile Court 5/10/16 230.1-15 JuveaileCourt 4/28/17 3474-16 Juvenile Cu' .\. 5/20/16 99-J-16 Juvenile Court 5/17/16 415-3-15,1194-16 Juvenile Court 6/12/17 68-J-17 272nd Cot:r-' 5/31/16 96J-16 Juvenile Court 5/20/16 389-3.15 Juvenile Court 627117 361-1-16 Juvenile Court 6/10/16 85-1-16 Juvenile Court 5/24/16 113-3-16 Juvenile Court 6/30/17 101-J-17,3754-16 Juvenile Court 7/19/16 85-1-16 Juvenile Court 5/31/16 231-J-14,129-J-16 Juvenile Court 7/12/17 375-J-16,101J-17 Juvenile Court 8/5/16 298-J-15,206-J-16 Juvenile Court 6/10/I6 362J-14 Juvenile Court 7/18/17 356-1-16 Juvenile Court 8/12/16 134-3-I6 Juvenile Court 6/14/16 129-1-16,120-J-14,231-J-14 Juvenile Court 721/17 44J-17 Juvenile Court 823/16 202 J-16 Juvenile Court 6/28/16 313-J-13 Juvenile Court 8/8/17 484-17 Juvenile Court 8/30/16 446-1-15,212-1-16 Juvenile Court 7/5/16 353-1-15 Juvenile Court 9/12/17 195-J-17,164J-17 Juvenile Court 8/30/16 465-J-15 Juvenile Court 7/18/16 231-1-14,129-J-16,120-J-14,108-J-15 272nd Court 9/15/17 174-1-17 JuvenileCoutt 9/6/16 146-J-16 Juvenile Court 7/19/16 187-1-16,92-1-15 Juvenile Court 9/15/I7 352-1-16 JuvealleCourt 9/13/16 229-1-16 Juvenile Court 72I/16 165-7-15 Juvenile Court 12/12/17 188-J-17 JuvenileCourt 9/27/16 28J-16 Juvenile Court 8/4/16 231-J-14,I29J-16,120-J-14,108-J-15 272nd Court 12/21/17 126-J-17,14-J-17 272nd Court 9/27/16 2074-15,486-1-15 Juvenile Court 8/5/16 298-J-15,206-J-16 Juvenile Court 1222/17 361-1-16 Juvenile Court 2 GENDRON RESUME APPENDIX A 2017 CONTESTED HEARING SETTINGS 11/10/17 140-1-16 Juvenile Court 7/18/18 260-1J7 Juvenile Court ' 1/3/17 285-J-14 Juvenile Court 11/14/17 354-3-16 Juvenile Court 727/18 2424-17 272nd Court 124/17 277-1-15349J-16 Juvenile Court 11/15/17 191-3-17 Juvenile Court 102/18 2454-18 272nd Court 2/3/17 270-1-16 JuvenileCoun 11/17/17 159-1-17 Juvenile Court 102/18 113-1-18 Juvenile Court 2/3/17 534-16 Juvenile Curt 11/17/17 I28.3-16 Juvenile Court 10/3/18 208-1-17 Juvenile Court 222/17 371-1-16 Juvenile Court 1128/17 56J-17 272nd Court 10/9/18 344J-18 Juvenile Court 3/7/17 419-J-15 JuvenileCoun 12/1/17 354-J-16 272ndCoun 10/9/18 113-1-18 Juvenile Court 3/21/17 4151-15 Juvenile Coun 10/16/18 331-1-18 Juvenile Court 4/7/J7 164-17 Juvenile Court 2018 BENCH 7RIALSEITINGS 10/19/18 303-J-16 Juvenile Court 4/18/17 419-1-15 272nd Court 1/9/18 236-1-17 Juvenile Court 10/24/18 ' 2084-17 Juvenile Coup 4/25/17 224-17,1564-16 Juvenile Court 1/18/18 126J-17,144-17 272nd Court 10/30/18 332-3-18 JuvenileCoun 525/17 84-17 272nd Court 123/18 1884J7 Juvenile Court 10/30/18 345J48 Juvenile Court 5/30/17 49-1-17 Juvenile Court 1/26/18 200-1-17 Juvenile Court 11/13/18 3634-18 Juvenile Conn 5/30/17 159-J-15 Juvenile Court 3/2/18 1281-17,346-1-17 Juvenile Court 1120/18, 303 J-17 Juvenile C 6/13/17 58 J-17 Juvenile Court 3/6/18 266-1-17 Juvenile Court 11/30/18 84-J-18 Juvenile C, 6/19/17 353-1-14 Juvenile Court 323/18 188-1-17 Juvenile Court 1221/18 77J-18 Juvenile Court 620/17 159.3-15 Juvenile Conn 4/25/18 95-3-17 Juvenile Coun 12/28/18 2084.17 Juvenile Court 6/20/17 265-1-16 Juvenile Court 4/30/18 2824-17 Juvenile Court 6/26/17 84-17 272nd Court 5/1/18 2018-00284N JP 2 2019 BENCH TRIAL SETTINGS 6/27/17 534-16 Juvenile Court 5/31/18 69J-18 272nd Court 1(11/19 204-1-18 Juvenile Court 6/30/17 lol4-17375J-16 Juvenile Court 6/5/18 2083-17 Juvenile Court 1/18/19 388-1.18 Juvenile Court 7/7/17 72 J-16 Juvenile Court 6/29/18 694-18 272nd Court 1/28/19 574-3-18,585-J-18 Juvenile Court 7/11/17 3224-16 Juvenile Court 821/18 292-1-17 Juvenile Court 1/29/19 366 J-18 Juvenile Court 7/21/17 72J-16 272nd Conn 9/I8/18 320-1-18 Juvenile Court 2/5/19 204-1.18 Juvenile Court 8/14/17 148-1-17 Juvenile Court 10/12/18 388-3-18 Juvenile Court 2/8/19 684-1-18 Juvenile Court 8/17/17 369.1-16 272nd Court 10/12/18 372-1-18 Juvenile Court 2/11/19 531-1-18,711 48 Juvenile Court 8/18/17 24-1-17 Juvenile Court 10/16/18 113-3-18 Juvenile Court 7/12/19 388-1.18 Juvenile Coun 821/17 74-1-17 272nd Court 10/19/18 3724-18 Juvenile Court 2/19/19 174-J-18,346-J-18 Juvenile Court - 822/17 46-J-16 272nd Court 10/22/18 320-1-18 272nd Court 3/1/19 535-J-18 Juvenile Court 828/17 148-1-17 Juvenile Court 1217/18 388J-18 Juvenile Court 3/5/19 2044-18 Juvenile Court 9/11/17 74-1-17 272nd Court 3/19/19 247-3-18,248-3-18,3731J8 Juvenile Col—'I 9/15/17 46-1-16 272nd Court 2018 CONTESTED HEARING SETTINGS 322/19 5624-18 Juvenile Cod..—'• 928/17 206-1-16,298-1-15 272nd Coun 1/16/18 1024-17 Juvenile Court 4/16/19 3314-17 Juvenile Court 102/17 369-1-16 272nd Court 1/16/I8 221 J-17 Juvenile Court 4/26/19 170-2-18 Juvenile Court 10/5/17 71.1.17 272nd Court 32/18 I28-1-17,3464-17 Juvenile Court 4/29/19 360-J-18 Juvenile Court 10/9/17 298-1-15 272nd Court 5/8/18 44-J-17 Juvenile Court 4/30/19 554-19 Juvenile Court 10/24/17 140-1-16 _Juvenile Court 5/15/18 27-J-17 Juvenile Court 4/30/19 57-1-19 Juvenile Court 1027/I7 354-1-16 Juvenile Court 522/18 260.1-11 Juvenile Court 5/7/19 18-J-19 Juvenile Court I027/17 128 J-16 Juvenile Court 529/18 76-1-18 Juvenile Court 5/7/19 170-1-18 Juvenile Court 10/31/17 311-1-16 Juvenile Court 6/19/18 2084-17 Juvenile Court 5/7/19 18.1-19 Juvenile Court 11/7/17 37-1-17 Juvenile Court 6/19/18 344-J-17 Juvenile Court 5/10/19 55-J-I9,57-J-19 Juvenile Court Ill//I7 251-1-17,37-1-17 JuvenileCoun 620/18 76J-18 Juvenile Court 5/20/19 50-1-18,55-J-19,57-I.19 Juvenile Court 11/8/17 260-J-17 Juvenile Conn 7/11/18 3304-17 Juvenile Conn 5121/19 86-1-19 Juvenile Court 11/10/17__ 192-1-17 , Juvenile Coun 7/17/18 374-1-16 Juvenile Court 6/11/19 40-1-19 Juvenile Court 3 GENDRON RESUME APPENDIX A Most Recent Appeals 6/12/19 5804-18 Juvenile Cairn Case Cause R Court Result Date Rendered 6/17/19 2-J-19 Juvenile Coon In the Matter ofD.H. 147-3-2010 13th CL of Appeals Affirmed 06/20I2 7/2/19 15 J-19 Juvenile Court In the Matter of B.C. 276-J-2010 10th Ct.of Appeals Reversed 03/2013 72/19 715-J-18 Juvenile Court In the Mauer of J.G. 122-1-2014 10th Ct.of Appeals Affirmed 10/2015 723/19 40-J-I9 Juvenile Court 729/19 742-1-18 Juvenile Court 7/30/19 6044-18,151-3-I9,590-J-18 Juvenile Court 7/30/19 712-1-18,344-19 Juvenile Court 8/30/19 1-J-19 Juvenile Court 2019 CONTESTED HEARING Sht t 1NGS 8/16/19 784-19 Juvenile Court 1/8/19 320-3-18 272ndCourt 8/23/19 15-1-I8 Juvenile Court 1/11/19 15-3-18 Juvenile Court 8/26/19 1324-19 Juvenile Court 1/15/19 42-J-18 Juvenile Court 124/19 844-18 272nd Court 2/5/19 154-18 Juvenile Court 2/8/19 1954-18 Juvenile Court 2/8/19 340-1-18 85th Court 7/19/19 174J-18,346-J-18 Juvenile Court 3/5/I9 154-I8 Juvenile Coon 3/19/19 80-3-18 85th Court 4/1/19 535-1-18 272nd Court 4/15/19 3274-18 272nd Court 4/16/19 367-1-18 Juvenile Court 4/22/19 3274-18 272nd Court 4/30/19 50-J-18 Juvenile Court 5/6/19 __ 369-J-16,290J-17 272nd Court 5/7/19 18-3-19 Juvenile Court 5/10/19 504-18 Juvenile Court 5/14/19 3384-17 Juvenile Court 5/20/19 18 J-19 Juvenile Court 520/19 504-18,5S-J-19,57-J-19 Juvenile Court 5/21/19 3384-17 Juvenile Court 524/19 717-J-18 Juvenile Court 528/19 18J-19 Juvenile Court 528/19 2954-17 Juvenile Court 6/3/19 7274-18 272nd Court 6/11/19 744-3-18 JuvenileCoun 6/11/19 5354-18 Juvenile Court - 6/12/19 15-J-19 JuvenileCoun 6/19/19 3454-17 JuvenileCoun 7/2/19 52-1-19 Juvenile Court 8/13/19 52-J-19 JuvenileCoun 4 .,.., „.... • - ..- 7 -c:, • t .i . . ••... .. •,...''''. 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I 401.411,...,cvs9,44,..,:;....wf,4.4N,A,..-tig,::,;;„-;:bi,.4goi--.,ti,wit-,:?...v.ied,,se,••,,,y,.,43,k,-,,,,,,,,,A:,,,,,oz4.,.t.,v-i-,,?,--,.••:.,,,,,,,,-4-. -_-,,,,,,,,,,-.::,,,...---••••• • .- - - •••• • - ,,,,,..v•„„,,,,s,,,,,,....ii.„,,,,e,...,......,,,,,t,,,,..,,,,,-;,,.?„,c.,;„.6.,,,,i,:,.tv.,•,%.1,..„,,,A.,,, ,,,, ,,b.,,,..,..,.„,„,,,...-..,...„ ,, ,,. _,, .,, , b. , . . . -4. 4 0 BETH ANN THIBODEAUX 821 HOLSTON HILLS DRIVE COLLEGE STATION,TEXAS 77845 (979) 574-4300 EDUCATION: Licensed by the State Bar of Texas—November 1991 Baylor University School of Law Juris Doctorate Degree—August 1991 Southeastern Oklahoma State University Bachelor of Arts Degree with highest honors—May 1988 EXPERIENCE: 1997-Present: At home raising three children. Part-time principal at Law Office of Lane Thibodeaux assisting with jury selection and strategy in multiple juvenile, felony, and misdemeanor cases. 1992-1997 Brazos County District Attorney's Office— Assistant District Attorney(primary focus: Juvenile, CPS and crimes against children) 1991-1992 Henslee, Ryan& Groce—Associate Attorney 1990-1991 McLennan County District Attorney's Office—legal intern ACTIVITIES: Professional: o Board of Directors—Scotty's House Child Advocacy Center(1992-1997) o Director—Brazos Valley Young Lawyer's Assoc. Baylor University School of Law: o Recipient of academic scholarship o Student Bar Association—Mid-law Vice President Appendix A—Trial Case Chart n fl State of Texas vs. 17-02614 ,.&I- November 12,2018 DWI: Not Guilty- Logan Franz CCL1 Acquitted Maloney Judge Amanda Matzke In the Matter of 245-J-18 October 2,2018 Indecency with Motion to Non-Suit R.G.,a child Judge Travis Bryan, Child Sexual filed after jury III Contact selection. In the Matter of 320-J-18 January 8,2019 Child Engaged in Accepted Plea after K.C.,a child Judge Travis Bryan, Conduct Indicating a jury selection III Need Supervision In the Matter of K.J., 080-J-18 March 19,2019 Child Engaged in Guilty a child Judge Travis Bryan, Delinquent Conduct III State of Texas v. 16-03580-CRF-272 May 20,2019 Stalking Found Incompetent Tarun Bhardwaj Judge Travis Bryan, to Stand Trial III - State of Texas v. 17-00251-CRF-361 June 13,2019 and Poss CS PG2 Less Guilty Samuel Crawford Judge.Steve Smith June 27-28,2019 Than One Gram Patterson 11 0 0 Wanda Murphy 2707 Cliff St. Bryan,TX 77801 Wandasm59@yahoo.com EDUCATION: Blinn College • 2006 to 2009 • Associates Degree in Applied Science • Certified Paralegal EXPERIENCE: • Internship with County Court of Law#2 • Judge Jim Locke • Organized all guardianship files. Assisted the Judge with current standing of each file.Determining status of each file. • Internship with Juvenile Court • Judge Glynis Gore • Court Coordinator,setting the weekly docket,communicating with the different divisions within the court, setting and mailing of notices, assisting the judge with court proceedings, case management,dealing with public on a daily basis,telephone,filing. JOB HISTORY: Law Office of Patrick Gendron • July 2010 to present • Head Paralegal • Assisting attorney in all aspects of courtroom proceedings. Maintaining extensive juvenile file system. Daily communication with various governmental agencies and department personnel. Intricate knowledge of various courts and communication with court staff.Constant communication with our juvenile clients to make sure they have a clear understanding of all aspects of their case. Keeping a current calendar, bookkeeping,filing,communicating daily with clients via phone and e- mail. Submitting monthly auditor reports for indigent juveniles. Maintaining a complete history of all hearings and all future hearings. Assisting other assistant with the coordination of internship program by setting up training,meetings and advising interns through their internship. Hilton • 1998 to 2010 • Waitress • IHOP • 1990 to 1998 • Waitress SPECIAL ACHIEVEMENTS: • Graduated Blinn with a 3.45 GPA with several semesters marked as a distinguished student. REFERENCES: • Judge Glynis Gore 979-775-2370 979-422-2380 • Rev.Joel Strickland 979-589-3425 Appendix A—Paralegal Associates Degree Appendix B—Specialist Certifications Appendix C—Notary Public Commission 4r, ,, le 1 1 „,..„..„0„, . ,,,,,, „,„,, .,,, J t v� Ifie it knotron tijat Manta title filitrpfip y bating gucceggfullp compteteb tt a courge of gtubp ag pregcribeb lip tfje j'acuttp anb 6oarb of tlrunteeg anb ijabing comptitb tpitlj di of ier requirementii of ttje College ig tjerebp granteb tije • , .s s'o i i/r ,�"e p ' cie e Italy . .Otsau ara-lea 0 JDegree anb ig tntitteb to all the rigijts anb pribilegeg appertaining ttbereto. 3ht VCtictinionp fnljereof, tFje 3 oarb of Crugteeg, upon recommenbation of tfje j'acultp, WO granteb tijig Biptoma, bearing tfje Seat of tbe College. eaten at renfjam, V.Gexag, tlbig %ebenteentlj bap of December, duo tfjounanb nine. i *Q„ `;• pregfbart,jlloarb of tErustttea firessibent of College ,: y 2_,, A • 1ram I F. i 1J,O, ,tete- / ct, ;f ;:a a8lo2 P auQt0aa 53461172 la Qaeg 7ttai;a :` _ I • - 'au u Qun `aagi uaacE ;o dgq fltaa uagagi �!9;'�xa1J'�u�WaaJ w Huge { G,_ • 1 11/311021)ai310 Imeig afli Bulmal 14,414133 PIril Qaving gg 443gf alp 30 aZ;. uo} uauuuaaa�min` � Q a1�p� u� •• . 'MIa l S luM33fltfe isaZ gin !u a N 0/] Qap)lua 551 OW 3W 0113* I F Al VARA 4014 Fi)a$a aril in Pla nnInbaa-?) • 3o anatif rarg iilln3gi afg girl Q34.030nd So dims to agmoa 30 Ilalaichmo dituAra»ng 1514104 i dl7aK2nj' ang :�Q.uv �° I op ualou� a)ad i e_ IC • I. �y.wey ?. "JII 1,1 /tr'' ' . .(:, . . ,::;;:ter L. 3Ü3TTUl) unh; , ,.,..;...„ Ax 0 C} ,-. (-0Ix L i IN THE NAME AND BY THE AUTHORITY OF f 1 THE STATE OF TEXAS i _ \4' ,',, . .�rY}• i i' 3 Notary Public Commission t TO ALL TO WHOM THESE PRESENTS SHALL COME—GREETING& i Whereas Wanda Murphy has been appointed by the Secretary of State of Texas a Notary Public in the State of Texas. Now, , therefore,the above named person is hereby commissioned a Notary Public for the State of Texas under the laws of the State of Texas with all the rights,privileges and emoluments appertaining to said office. 1 l TERM OF OFFICE:08/19/2018.08/19/2022 NOTARY 1Drs 12836114.6 i i `. a ll ill r f(��iS i I a t f 7 � t}�1 �� j i}�� + t. d ,\7 , ;.;t:Tni „{, Vi: GRE .ABBOTT,GOVERNOR OF TEXAS • i • 6 �� r% Vie; __,: ::,,,,;,,,',5-ii,i,,,..;4:1:.::,-, i Rolando B.Pablos 1 Secretary of State r NOTARY PUBLIC OATH OF OFFICE State of Texas i County of • t 1, ,do solemnly swear(or affirm),that I will faithfully execute the duties of the office of i notary public of the State of Texas,and will to the best of my ability preserve,protect,and defend the Constitution i and laws of the United States and this state,so help me God. i X 1 Sworn to and subscribed before me on this_day of ,20 Seal Notary Public Signature 4 rti• Jefey G. r '�k 13. ti tea7 1443 Cedarcrest,Bryan,TX 77803 E (979)985-1552 I jeffmartinez_68@outlook.com Education ASSOCIATES OF APPLIED SCIENCE I MAY 12,2017 I BLINN COLLEGE • Legal Assistant Associates • Mediation Certification • Legal Office Specialist Certification ACADEMIC HIGHLIGHTS • Fall 2016 Dean's List Scholar • Spring 2015 Dean's List Scholar • Spring 2016 Dean's List Scholar • Legal Assistant Student Organization Skills&Abilities COMMUNICATION • Bilingual:Fluent in Spanish. • Strong Verbal and Writing Skills. • Respectful and Calm when interacting with a • Effective and Empathetic Listening Skills. diverse set of clients. • Strong sense of discretion for sensitive matters. ADDITIONAL SKILLS&ABILITIES • Proficient with Microsoft Office(e.g.Word, Power •• Creative writing skills. Point,Excel,and Access). • Adobe and PDF Binder experience. • Some experience with ProDoc. • Graphic Designing. Experience PARALEGAL/ASSISTANT I LAW OFFICE OF PATRICK K.GENDRON j JULY 3,2017-CURRENT • General Clerical Duties. - Finding creative ways to improve Office Efficiency. • Office IT Specialist. • Scheduled internal meetings and meetings with clients, • Intern Supervisor/Trainer(4-10 Interns per character witnesses,expert witnesses,attorneys,etc. Semester). • • Scanning and Converting Physical files to Computer • File Organization(Physical and Computer). files.(Some almost 20 years old) • Filling with the County and District Cleric's Office; • Translating.In office,at court,and over the phone. and E-filing. • Drafting legal documents and correspondences. • Trial Preparation. • Special Events Organizer. • Reviewing Discovery(Video,Audio,Offense • Delivering sensitive documents to Judges, DA's Office, Reports,etc.). Expert Witnesses,Attorneys,and Clients. PARALEGAL INTERN I LAW OFFICE OF PATRICK K.GENDRON(FEBRUARY 13,2017—JULY 3,2017 • Legislative Research • Contacted staff members of the Senate,House of • Receiving and Reviewing Evidence Representatives,Jurisprudence,and Criminal Justice Committee. • Mentoring Program • Manned tables at the Every Victim,Every Time& • Coordinated meetings with Clients,Witnesses,etc. Senior Expo Center Events. PART-TIME ASSISTANT MANAGER I NORTH SIDE TIRE SHOP I MARCH 2013—MARCH 2017 • Inventory and Clientele.Intake • Excellent Customer Service • Budget Management • Designed Business Cards APPENDIX A—Paralegal Associates Degree APPENDIX B&C—Specialist Certifications PCL XL error Subsystem: KERNEL Error: InsufficientMemory Operator: Readlmage Position: 1627