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2024/10/22 Regular Session 10:00 AM
, � r � I t*; Y . 2024 OCT I P I: Sb ' * BRAZOS COUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 22, 2024 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803 THE PUBLIC MAY WATCH THE MEETING LIVE ON THE BRAZOS COUNTY COMMISSIONERS COURT YOUTUBE CHANNEL AT: HTTPS:/IWWW.YOUTUBE.COMI@BRAZOSCOUNTY3227. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Berry 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 - 18 3. Approval of Extension of the Declaration of Disaster. 4. Request authorization to wire transfer up to $233,607.38 to HHSC for the Federal Fiscal Year(FFY 2023) Graduate Medical Education Program (GME) Retroactive Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. 5. Approval requested from Specialty Court for payment of$3,190.00 to Recovery Healthcare Corp for the use of GPS curfew monitors for the month of September FY 24.A Purchase Order was not obtained in advance. 6. Approval requested from the Sheriff's Office to participate with the cities of Bryan and College Station in the 2024 Byrne Justice Assistance Grant(JAG) Program Award. 7. Approval of the Brazos County Purchasing Department Uniform Policy. 8. Approval of variance to the Brazos County Comp Time policy to allow Elections Administration staff to be paid overtime. 9. Approval of the following Job Description: • a. Road and Bridge- B2608 - Project Coordinator 10. Approval of Diners Club credit card to be issued to County Commissioners Court employee Aubrey Leggett with a limit of$2,000.00 for various conferences and reservations. 11. Approval of FY 2025 Community Support Contract with the Salvation Army. 12. Approval of Deductive Change Order#1 to CI P#24-513 Exterior Access Stairs with JaCody Construction for unused contingency in the amount of$12,615.00, decreasing the project amount to $439,065.00. 13. Approval of Contract#25-077 for Mal-Practice Insurance for the Employee Health Clinic with Evanston Insurance Company, via Alliant Insurance Services, Inc. 14. Consider and take action on the Wildfire Energy utility permit to lay a temporary 12-inch polyurethane water line within the right-of-ways of Macey Road for 0.64 miles and Edge School House Road for 0.36 miles to supply water for oilfield activities. Sites are located in Precinct 2. 15. Approval of the Final Plat of Aggieland Business Park Phase 3D, Block 6, Lot 27R Being a Replat of Aggieland Business Park Phase 3D, Block 6, Lots 27 and 28; 7.615 Acres; J.H. Jones Survey,A-26, City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. 16. Budget Amendments. • a. FY 23/24 Budget Amendments 53.01 -53.02 • b. FY 24/25 Budget Amendments 4.01 -4.03 17. Personnel Change of Status. • Approval of Personnel Change of Status. 18. Payment of Claims. Approval of Payment of Claims • a. 8205822 -8205938 • b. 9202593 -9202658 19. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of October 16, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of October 16, 2024. 20. Juvenile director's report on detention population. 21. Sheriff's report on inmate population. 22. Announcement of interest items and possible future agenda topics. 23. Adjourn. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters,both on and off the agenda,and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V, Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and/or addressing the Court;in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group.Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body,or any member or members of the Court,or County employees,individually or collectively.Accordingly, profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions: 1.cancellation of a speaker's time; 2.removal from the Commissioners Court; 3.a Contempt Citation;and/or 4.such other and/or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period,speakers may address matters not listed on the published agenda.The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public.To ensure the public has notice of all matters the Commissioners Court will consider,the County Judge and/or Commissioners may choose not to respond to public comments,except to correct factual inaccuracies,recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda.See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court.The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the Brazos County Administration Building,200 S.Texas Avenue,Suite 106, Bryan,TX77803 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. :;2W yn. ViN Tp ,nF-;'¢ The foregoing minutes of the Commissioners Court Meeting held October 22, 2024, have been examined and are approved in open Court this 5th day of November 2024, in Bryan, Brazos County, Texas. .—L, ._. .d./4. Duane Peters Steve Aldrich County Judge Commissioner, Precinct 1 ,... .......,;--- •-•--r-----...• -- e<--c:Cilok..:.c9, 64-Ya(3131-kr Chuck Konderla Nancy Beiiij Commissioner, Precinct 2 Commissioner, Precinct 3 Wanda J. W t on Commission r Precinct 4 Attest: d<0./..QA,, vikaal2A,_ Karen McQueen I • , County Clerk I Cr) ' 0 . h5; I• •yil [n: •*i) �( ' (J*11? py G �Y OF Is • MINUTES OCTOBER 22, 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 22, 2024 with the following members of the Court present: Duane Peters, County Judge,Absent; Steve Aldrich, Commissioner of Precinct 1,Absent; Chuck Konderla, Commissioner of Precinct 2; Nancy Berry, Commissioner of Precinct 3, Presiding; 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 Berry 2. Call for Citizen input and/or concerns Cathie Viens expressed concerns regarding the Court's perception of citizen ' involvement in Commissioners Court meetings. She would like to see a positive relationship between the citizens and the Court. She encouraged the Court to get out in the community through volunteering and meeting their constituents. Mark Holtzapple referenced ongoing concerns about the election process.A copy of Mr. Holtzapple's comments were submitted for the minutes and are attached hereto. Cynde Wiley spoke about the rights, responsibility and importance of the citizens being involved in their government. A copy of Ms. Wiley's comments were submitted for the minutes and are attached hereto. Consider and take action on agenda items: 3 -18 3. Approval of Extension of the Declaration of Disaster. The Court voted unanimously to extend the Declaration of Disaster issued by the County Judge on October 17, 2024. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J.Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 4. Request authorization to wire transfer up to $233,607.38 to HHSC for the Federal Fiscal Year(FFY 2023) Graduate Medical Education Program (GME) Retroactive Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 5. Approval requested from Specialty Court for payment of$3,190.00 to Recovery Healthcare Corp for the use of GPS curfew monitors for the month of September FY 24.A Purchase Order was not obtained in advance. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 6. Approval requested from the Sheriff's Office to participate with the cities of Bryan and College Station in the 2024 Byrne Justice Assistance Grant(JAG) Program Award. A copy is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 7. Approval of the Brazos County Purchasing Department Uniform Policy. A copy of the policy is attached. Motion:Approve, Moved by Commissioner,Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 8. Approval of variance to the Brazos County Comp Time policy to allow Elections Administration staff to be paid overtime. A copy of the variance is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 9. Approval of the following Job Description: • a. Road and Bridge- B2608 - Project Coordinator A copy of the job description is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 10. Approval of Diners Club credit card to be issued to County Commissioners Court employee Aubrey Leggett with a limit of$2,000.00 for various conferences and reservations. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 11. Approval of FY 2025 Community Support Contract with the Salvation Army. A copy of the contract is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 12. Approval of Deductive Change Order#1 to CI P#24-513 Exterior Access Stairs with JaCody Construction for unused contingency in the amount of$12,615.00, decreasing the project amount to $439,065.00. A copy of the change order is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 13. Approval of Contract#25-077 for Mal-Practice Insurance for the Employee Health Clinic with Evanston Insurance Company, via Alliant Insurance Services, Inc. A copy of the contract is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 14. Consider and take action on the Wildfire Energy utility permit to lay a temporary 12-inch polyurethane water line within the right-of-ways of Macey Road for 0.64 miles and Edge School House Road for 0.36 miles to supply water for oilfield activities. Sites are located in Precinct 2. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 15. Approval of the Final Plat of Aggieland Business Park Phase 3D, Block 6, Lot 27R Being a Replat of Aggieland Business Park Phase 3D, Block 6, Lots 27 and 28; 7.615 Acres; J.H. Jones Survey,A-26, City of College Station ETJ, Brazos County, Texas. Site is located in Precinct 4. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 16. Budget Amendments. • a. FY 23/24 Budget Amendments 53.01 -53.02 • b. FY 24/25 Budget Amendments 4.01 -4.03 Commissioner Berry stated that the Court would table budget amendment 4.01 until a later date. On motion by Commissioner Konderla and second by Commissioner Watson,the Court voted unanimously to approve the budget amendments with the exception of 4.01 that was tabled. FY23/24 53.01 Transfer Capital Funds to Health District, Juvenile Services and Brazos Center. 53.02 Transfer Capital to Juvenile Services. FY24/25 4.01 Transfer funds from Information Technology to County Clerk. (Tabled) 4.02 Reallocate funds for Voter Registration. 4.03 Transfer funds from Information Technology- Non Capital to District Clark- Non Capital. Motion:Approve w/Conditions, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 17. Personnel Change of Status. • Approval of Personnel Change of Status. A copy of the Personnel Change of Status is attached. Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 18. Payment of Claims. Approval of Payment of Claims • a. 8205822-8205938 • b. 9202593 -9202658 Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by Commissioner Wanda J. Watson. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. Motion:Approve, Moved by, Seconded by. Passed. 3-0. Ayes: Berry, Konderla, Watson. Absent:Aldrich, Peters. 19. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of October 16, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of October 16, 2024. The Court acknowledged receipt of the 2024-2025 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of October 16, 2024. 20. Juvenile director's report on detention population. Juvenile Director Linda Ricketson reported there are 27 juveniles in the detention center, 18 are male, 9 are female, and 32 have electronic monitors. 21. Sheriff's report on inmate population. Sheriff Wayne Dicky reported there were 758 inmates in jail, 638 inmates are male, 120 are female, and 36 have electronic monitors. 22. Announcement of interest items and possible future agenda topics. Commissioner Berry reminded the community about the Brazos County Job Fair on October 28th, 3:30 p.m. -6:30 p.m. at the Brazos Center. Commissioner Watson expressed her excitement and gratitude concerning the Brazos Valley Fair and Rodeo. She shared that it was well attended and a great experience. She then commended the staff and volunteers that worked to make it a success. The Court announced that early voting opened this week and encouraged the community to get out and vote. Commissioner Berry listed the following early voting locations: • Brazos County Elections Administrator Office • Arena Hall • Galilee Baptist Church • College Station Utilities Meeting &Training Facility • Memorial Student Center(MSC) General Counsel Bruce Erratt explained the discrepancy in numbers of registered voters between lists received in previous weeks versus what is showing on the poll pads. Mr. Erratt stated that the change in numbers is due to people continuously moving in and out of Brazos County.Additionally, he announced that there will be another adjustment to come once the Secretary of State sends their updates. 23. Adjourn. Pg I_of BRAZOS COUNTY COMMISSIONER' S COURT �� DAY OF Ok , 20 'I /0:60 PM, . c_ gat-(--or Name Organization (PLEASE PRINT) (PLEASE PRINT) d E (1kr C1ü M CAL Cow ct Loccii- %‘voL4 Ak1ikxS- 3oiwviax\ CO- CJ. ►s O- V:elf,\O_ LI,,,J )(veal 6(1 . e,/t/it 5 , —. aEleri-Al _•, c ,‘4, 65L) A ,(S I._:ci ) ,Ji r.) ICJ (-—0 ti-v,M L, 0 c:. 1 , k 0 eAvv_ bisfar. bo) tw 66(-P ,i--c.- PiAfy, Ho D 7 PPi SELF ? t,, 1 ))6, (- f --e___ 5 o ni (.l< ti 3-0 C0/I/1 ter/,-� Pg0of -17 BRAZOS COUNTY COMMISSIONER' S COURT DAY OF Q , 20 dci 10 ; (,)01v1, Ato(-4--1 ) Name Organization (PLEASE PRINT) (PLEASE PRINT) plaAllf17 at..4t0/ JU 4 ebev bi,5/tet144.__L CO _ `11(1 p, Ai t U\Gt, Qady)-€ b_k_j v 6 L ar11c2 Prc;j e cf r'`t& ZJIA/Stio��- l�izn.S FI` / 6/W ikt' Natik WWI At ()to V J�,.�d\ IAVA {J VVV of 3 BRAZOS COUNTY COMMIS SIONER' S COURT _aaNDAY OF to& , 20 orl M 9 (A-L. 7 �f��% ` J Name Organization (PLEASE PRINT), (PLEASE PRINT) ARigyiv14 gezi-vvAi Ocetol) rq• -14A`e6-7 \.) J-12/K/0441 ,Sctia 2a/- � N I 70 xe) _ iz Les1 ( Cliv-h4f-ccc1L Summary Report Meeting between Citizens and Brazos County Election Officials October 21, 2024 Background On October 17,2024, a one-hour meeting was held with concerned citizens and Brazos County election officials. The following people attended: Citizens Brazos County Election Officials Cathie Viens Duane Peters Cynde Wiley Bruce Erratt Walter Daugherity Trudy Hancock Mark Holtzapple Krystal Ocon Eric Caldwell Kevin Joyner Billy Melzow Premise The governments of Texas and the United States are designed to represent the interests of the citizens,as evidenced by the following foundational principles: All political power is inherent in the people,and all free governments are founded on their authority,and instituted for their benefit. Texas Constitution ...the fundamental philosophy of the American constitutional form of representative government adheres to the principle that government is the servant and not the master of the people... Texas Government Code 552.001(a) Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof;or abridging the freedom of speech,or of the press;or the right of the people peaceably to assemble,and to petition the Government for a redress of grievances. First Amendment, U.S. Constitution Voting is the mechanism by which elected officials are held accountable to the citizens. One of the most important rights of American citizens is the franchise—the right to vote. Whitehouse[1] A properly functioning republican form of government must adhere to the following foundational principles: • Elections must be free, fair,and secure • The citizens must believe that elections are free,fair,and secure The 2020 election had numerous"anomalies"that have caused a significant fraction of U.S. citizens to distrust the election process [2]. Furthermore,recently the FBI has issued the following warning: Our foreign adversaries have tried...and are continuing to try...to interfere in our elections. FBI Director Christopher Wray 131 Recommendations In the spirit of helping our election officials secure our elections,the team of citizens offers the following recommendations: Recommendation 1—To maintain up-to-date voter rolls, embrace citizen engagement and collaboration with our registrar in the following ways: 1. A voter desiring to challenge must file a sworn statement with registrar. 2. The registrar shall immediately acknowledge receipt of the written list. 3. The registrar shall investigate the,challenge raised regarding the voter roll. 4. The registrar shall take corrective actions to update the voter roll. 5. The registrar shall report back to the voter what actions were taken. Appendix A provides details about recent issues identified by citizens,including: (1)ballots with incomplete markings, (2) duplicate voters on voter rolls,(3)voters who had moved from the county and still were on the voter rolls,and(4) dead voters on voter rolls. Recommendation 2—As required by Iaw,Brazos County must prepare a written emergency plan for voting. The recent devastation caused by Hurricane Helene demonstrates the need to have an emergency plan for voting. Appendix B provides more information. Recommendation 3—Hire an independent CPA to investigate the following"anomalies"in the 2020 Brazos County election: • Incorrect dates • There was an undervote of 2,567 for president,which is suspiciously high • In some cases,the cast vote record does not explicitly list the undervote;rather,it simply does not appear. • There was inconsistent reporting of the undervote for president. More details may be found in Appendix C. Recommendation 4—Install security patches in election computers. Appendix D provides recommendations provided by Dr. Walter Daugherity, an expert in computers and election security. Appendix E provides the response to Dr. Daugherity's suggestions by the IT staff of Brazos County. Brazos County relies heavily on an"air gap"to protect the voting computers from cyberattack. Although this is helpful,it does not fully protect the computer system. Hart InterCivic supplies Brazos County election:computers. Vice president Peter Lichtenheld has made the following statements about their equipment: "And I'll fully admit...anybody who says something is not hackable is a foot..."[4] In response to a question about whether Hart equipment contains components from foreign suppliers,Peter Lichtenheld responded as follows: "Oh yeah,we do. Yeah...it's a worldwide...I mean...I mean...unfortunately,you can't make the stuff in the United States. When we can,we will. We want to.But it's not here yet."[5] Computers contain"backdoors,"both legitimate and surreptitious. Famously,Bloomberg reported that Chinese hacked into computers owned by top U.S. companies by embedding a tiny communications chip into their hardware(Figure 1). It is entirely possible that election computers contain chips that enable wireless communications even though there is an air gap. Recommendation 5—To provide more protection that prevents network connections to the Verity Central and Verity Count computers,fill the RJ45 network jack and the DB-9 serial port connector on each machine with epoxy and cover with tamper-evident seals. Recommendation 6—When transporting election ballots,two or more people must be involved. This recommendation addresses Question lb,Appendix F. Recommendation 7—Place security seals on the ballot box hinges. The hinge on the ballot box can be easily removed by unscrewing a knob and pulling a pin (Figures 2 and 3).Even though the ballot boxes are locked,the contents can be easily accessed by removing the hinge. Because the ballot boxes are collapsable,there are numerous hinges. Removing any of these hinges provides access to the ballot box even when the door is locked;therefore, all hinges should have security seals. Recommendation 8—After voting occurs, sequentially order the numbered ballots. At a given polling location,the ballots are sequentially numbered. After the voting occurs,to ensure that all ballots are accounted for,they should be put into sequential order. The total number of ballots voted should be compared with the electronic record to ensure accuracy. This recommendation addresses Question 3f,Appendix F. Recommendation 9—Hand-count all federal elections(president, senate,house) Foreign adversaries are most concerned about federal leadership, so these races are the most vulnerable to hacking. To protect against this threat, 100%of federal elections races should be hand-tabulated to verify winners and losers,as is done in the following countries: Canada, Germany,France,Italy,Netherlands,Argentina. Bloomberg Businessweek The Big Hack R pgiR li. , , t1.4fplp- ,;;Ti.„. ., ,.�' ' Sl i .,sy,!_. '.rf- �'n n7iYr``1 P.,'1. "? it s a� {" rj,:y�•J jt ,r/�C/}`.�*` n A Uaav w t` 'I {'1 !*' pCF^F)r�� 7S•' I ,fix .. 0, 1 . . t.4 .i • .S a Iv�r U• � 4�Noll, !i ! , r7'fjlijJ. :1s`0,,i•1`�`,. x How ChFn'4�� ti'', l 1;r. , ,;�_!> a tiny chipkto =1 ick•w 7, te,,,41,>"III it .>.� w, ' j./ I 4`�' : . '• ,71i aka 4t infiltrate-America; �.,'rt-: tilt; top co rpanies �;_ 4gr'7Tf , How the Hack Worked, According to U.S . Officials a A Chinese military unit 0 The microchips were designed and manufactured 4 > 'rr••• inserted at Chinese microchips'as,small as ., factories that supplied a sharpened pencil tip.Some I Supermicro,one of the of the chips were built to t ! worlds biggest sellers of look like signal conditioning A :t ;O'z'1 server motherboard . couplers,and they incorporated memory, �t networking capability,and O The compromised I-; sufficient processing power ,� motherboards were built. for an attack. - into servers assembled .-,_ e•r J bySupermicro. I'� Lr `;%';':k7...j. O.When a server was O The sabotaged servers /� itt, installed and switched made their way inside data / ,-•,ate*'" on,the microchip altered centers operated,by dozens L ` the operating system's of companies. " . '` 'Z i, t ; core so it could accept ' ,`+ modifications,The chip �,. i "'�;' could also contact - .�" "'et computers controlled by <,• , a��; � �` � the attackers in search - < i -" ,.t, of further instructions : l' . 'r• ' and code. - . • .7t - .- II ! ) al ! . •• Figure 1. Chinese chip embedded into motherboard that allowed hacking of top U.S. companies. • '� %J 1 ,R i i_is i it 1 i ‘c ' i t } i i �' ® i ..� f,' ail. \-. .--;:;;,......,---,..., ' � ° . 1. -_, ( i' I _,-- - -2,:,,.--_-__ . ; �1 r , -. ' Figure 2.Exposed hinge and bumper. Figure 3. Close up of exposed hinge and bumper.Notice that a screwdriver can easily remove the bumper,which then allows the hinge pin to be removed. Conclusion The team of citizens has invested literally thousands of hours gaining expertise on election security,presenting our findings to election officials,and developing a concrete set of recommendations. We look forward to interacting with our election officials to discuss a plan for implementing the recommendations. References 1. https://www.whitehouse.gov/about-the-white-house/our-go vernment/elections-and- voting/ 2. tinyurl.com/Secure-Voting-2 3. https://www.wandtv.com/news/fbi-boss-warns-of-2024-election- interference/article cdff1260-93bf-11ee-ac86-efcaec7f904d.html 4. httns://rumble.com/v2utirf-vp-of-hart-presentation-to-kerr-county-tx-cc-april-2023-part- 1.html 5. https://rumble.com/v2ussfq-hart-vp-answers-kerr-county-tx-cc-do you-buv-components- from-overseas.html Appendix A.1 Voter Rolls (Catherine Viens) October 17,2024 Election Officials: Thank you for agreeing to meet with us today in a way that we have not previously experienced. As a follow-up to my previous comments,I am attaching the list of the five people I mentioned who are deceased. I ask that you look into these as well as the voters in the challenged list sent via certified mail signed on August 6.In the spirit of cooperation,I think the establishment of a policy to respond to citizen's challenges of voter registrations by acknowledging receipt would go along way to fulfilling the.Secretary of State's goal to"ensure our voter lists are up to date." Furthermore,confirmation after your review is performed,and the results of that review would be useful.NB: these people died in Brazos County and at the minimum the County Records Office should have a record for confirmation. The following statements from the Texas Election Code(TEC)are informative: "If the registrar has reason to believe that a voter's current residence is different from that indicated on the registration records, or that the voter's residence address is a commercial post office box or similar location that does not correspond to a residence, the registrar shall deliver to the voter a written confirmation notice requesting the confirmation of the voter's current residence." TEC 15.051 "Confirmation Notice" "The registrar shall make the appropriate corrections in the registration records, including, if necessary, deleting a voter's name from the suspense list: 6)after receipt of the United States Postal Service information indicating an address reclassification; and 9(b)At least monthly,the registrar shall request from the United States Postal Service any available information indicating address reclassifications affecting the registered voters of the county." TEC 15.022"Correction of Registration Records" You informed us today that TEC is sometimes vague—in one area we were told the law is up to interpretation,at another that it is strict language.The following information is helpful in this regard: "In enacting a statute,it is presumed that: (1) Compliance with the constitutions of this state and the United States is intended: (2) The entire statute is intended to be effective; (3) A just and reasonable result is intended; (4) Public interest is favored over any private interest" Texas Government Code 311.021 — "Intention in Enactment of Statutes" I submit to you that TEC 15.051 and TEC 15.022 both clearly follow this Texas Government Code. Sincerely, Catherine Viens Dead Voters on Brazos County Voter Rolls LN FN DOB VUID DOD ROGERS TERRIE LYNN 11/2/1960 1040998263 7/22/2024 GILMORE MARY ANN 1/15/1940 1041572091 2/24/2024 HURLEY CELESTE 4/26/1959 1041215943 5/2/2024 HEFTI JEFFERYI 6/30/1950 2146136369 12/31/2023 CHILDS DARA 1 3/16/1940 1040649502 5/26/2024 Appendix A.2 Voter Rolls (Cynde Wiley) October 17,2024 Summary of Cynde Wiley—Voter.Registration Issue 1- 14 primary ballots from 3/5/2024 Do Not contain a.Precinct#or a random#;however, they do contain a QR code. The following documents are relevant to this issue: Texas Constitution Article VI Sec..4 states that the Legislature shall provide for the numbering of tickets and make such other regulation as may be necessary to detect and punish fraud and preserve the purity of the ballot box. Texas Election Code Sec. 52.062 refers to sequentially numbering the ballots. (Note: The general election in Nov.2024 will adhere to these provisions.) Texas Election Code Sec. 276.013-276.018 refers to election fraud and other election offenses. Texas Election Code Sec. 276.019 UNLAWFUL ALTERING OF ELECTION PROCEDURES. States an 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. Texas Election Code Sec. 31.040 Bond. Before assuming duties, a bond amount payable to county judge is conditioned on the faithful performance of the duties of the position. When this issue was raised,Mrs.Hancock responded that the pages were inserted sideways. I responded that my copies were lined up correctly. In an earlier conversation regarding this matter,Mrs.Hancock stated that Hart(the voting equipment company)had walked her through steps to get the information by scanning the dots through the central count scanner. Unresolved question—Did the QR code decipher which precinct they belonged to? Issue 2—Updating voter rolls The following documents are relevant to this issue: NVRA 1993 (H.R. 2)Section 8—(c)Voter Removal Programs- (A)refers to use of USPS through its licensees. (B) if it appears by the USPS that(i)moved within jurisdiction,etc. (ii)moved outside jurisdiction, etc. (d)Removal of Names from Voting Rolls—(A)confirmed registrant has changed residence(B)(i)failed to respond to a notice (ii)has not voted or appeared to vote. NCSL(National Conference of State Legislation)—This body acknowledges Texas is using the NCOA(National Change of Address). The most-used source is the USPS, NCOA program. Texas Election Code,Subchapter C.Statewide Voter Registration List Section 18.061- 18.068—This code refers to Interstate Crosscheck program to comply with NVRA 1993 and HAVA 2002. SOS (Secretary of State)is supposed to monitor local registrars for substantial compliance. Quarterly, SOS shall compare information to determine if a voter on the registration list is deceased, or if the voter has been excused or disqualified from jury service because the voter is not a citizen or a resident of the county in which the voter is registered to vote. It further explains obligations regarding a weak or strong match. From Jan.2020—Aug.2024, only five non-citizens have been removed from the Brazos County voter roll. Given the large number of illegal aliens who have entered Texas particularly during the past 3.5 years—this number seems low. It is important to note that voter rolls are very dynamic;2%o of Americans move every month. Unresolved Question—Brazos County registrar is not actively using the National Change of Address (NCOA)database to help identify registrants who have voluntarily submitted a change of address through the USPS. As described in the above documents,the NCOA is used widely. Why is it not used in Brazos County?(Note: Bruce Erratt says you are by using the USPS via confirmation card. This seems unnecessarily cumbersome.) • Issue 3—Challenges to voter rolls The following documents are relevant to this issue: Texas Election Code Subchapter D. Challenge of Registration,Sec. 16.091-16.092. This code outlines the right to challenge. A sworn statement is required. The registrar shall promptly deliver to the voter whose registration is challenged a confirmation notice prior to the 75th day before general election. Texas Election Code Sec. 16.031-16.038 includes remedies for cancellation mistakes and reinstatement. Texas Election Code Sec. 16.039 FAILURE BY REGISTRAR TO TIMELY PERFORM DUTY. SOS can withhold funds for failure to timely perform duty under this subchapter of cancellation. We complied with the timeline and submitted approximately 682 challenges. In response,the registrar rejected 433 of those challenges and cited the SOS email communication to election officials dated July 12, 2024,which used Election Law Opinion RP-I, dated October 10, 2018. The SOS recognizes the following fmdings from Texas courts and other authorities in various contexts: "Personal Knowledge"can be derived by observation,experience,logical conclusion and knowledge derived from various sources. The final decision was to be made by the county's legal counsel. It is important to note that when we challenged the voter rolls,we verified that the challenged registrants were not already on the suspense list. We were not advocating for cancellation according to Texas Election Code Sec. 16.031-16 038;rather,we were requesting investigation by our registrar. Ministerial duties are clear: maintain and update voter registration rolls' Texas Secretary of State Jane Nelson has stated the following: "Voting is a sacred right that must be preserved for citizens who qualify under our elections laws." "My responsibility is to ensure free and fair elections and that only qualified voters participate." 'SOS EA 2021-11,List Maintenance Activity Involving Potential Non-United States Citizens. SOS EA 2023-26,Voter Registration List Maintenance Under the NVRA 1993, etc. SOS EA 2024-18,Required List Maintenance Activities. SOS EA 2024-19, Citizenship Requirements for Texas Elections. SOS Bulletin dated 6/4/2024, Secretary Nelson Reminds Counties to Duty to Update Voter Registration Rolls. SOS Bulletin dated 8/13/2024,Texas Leads the Way Against Noncitizen Voting(reiteration of registrar duty to update voter registration rolls. True the Vote maintains the IV3 database,which is populated through the NCOA. In June 2024, we used this database and identified strong matches to the Brazos County voter registration database used in the 2024 primary election. We found 7800 matches of registered voters who had moved,yetthey were still on the voter registration roll! Issue 4—Duplicate Voters The following documents are relevant to this issue: Texas Election Code Sec. 15.022. • Texas Election Code Sec. 18 0681, SECRETARY OF STATE AUTHORITY TO ELIMINATE DUPLICATE REGISTRATION RECORDS (b)(2)fulfill its responsibility to manage the voter rolls. Texas Election Code Sec. 19.001 STATEMENT OF REGISTRATIONS SUBMITTED TO SECRETARY OF STATE Texas Election Code Sec. 19.022 PAYMENTS,sets forth a financial structure to encourage adherence to perform ministerial duty regarding list maintenance. In the 9/17/2024 Brazos County voter registration roll,we discovered the following: • 30 individuals share the same name and birthdate and have two distinct VUID numbers • 11 of these are without any vote history after 2015. • 2 registrants voted using one VUID for the primary election the other in the 2020 general election. We understand that Brazos County has four fulltime employees who maintain voter registration. Our purpose was to support them by informing them of the above"anomalies"so they can perform their duties and update the voter rolls. Issue 5—Deceased voters The following documents are relevant to this issue: Texas Election Code Sec. 16.001 DEATH, sets forth the procedures to facilitate the notification of deceased persons who may be listed on a county voter registration roll. Texas Election Code Sec. 18061 STATEWIDE COMPUTERIZED VOTER REGISTRATION LIST(c)the procedures shall provide for the electronic submission of the information and ensure that each voter registrar collects and reports the correct month, day, and year of birth for each registered voter. Because of a lack of documentation regarding their birth year,the Brazos County voter registration roll contains many"placeholders"indicated with a birth year of 1/1/1901. On 7/23/2024,I spoke at Commissioners Court and identified the following: • 54 registrants would be over 100 years old based upon their birth year o 22 of them are 123 years old o 4 of them are on the suspense list o 18 of them are shown as active • 4 individuals have a duplicate VUID due to reregistering and no cross check was done to reveal a strong match existed. I reviewed 84 of the oldest birth year registrants and found the following: • 17 deceased(strong matches) • 2 deceased(somewhat strong) I printed the obituaries from legacy.com. As of last check on the voter roll of 9/17/24,all are still on the voter roll. Of this group,the obituaries date back to 2001,yet nearly every year moving forward,most of them are still on active status. Appendix Bi Emergency Preparedness (Catherine Viens) October 17,2024 Election Officials: On the matter of election emergency preparedness and contingency plan,the Secretary of State website provides directives for the Registrar: https://www.stateregstoday.com/uolitics/election-and-voting/election-emergency-preparedness_ and-contingency-plans-in-texas Your acknowledgment today stating that you currently have in place backup systems which include paper ballots,paper poll books, alternate polling places,and backup power sources in the event of a power outage complies with the Secretary's directive. I look forward to the continuation of our dialogue and your response to my challenges.As you are aware this plan is required to be in written format and provided to the Secretary of State. We look forward to receiving a copy of your written Plan. Sincerely, Catherine Viens Appendix B.2 Emergency Preparedness (Cynde Wiley) The following regulations relate to emergency preparedness: Texas Election Code Sec. 129.056,PIan for Machine Failure;The general custodian of election records shall create a contingency plan for addressing direct recording electronic voting machine failure. This plan must include the timely notification of the secretary of state. Amended by:Acts 2009, 81st Leg.,R.S., Ch. 682(H.B.2524), Sec. 2, eff. September 1, 2009 Appendix C Anomalies in 2020 Election in Brazos County(Dr.Walter Daugherity) PRELIMINARY AUDIT REPORT ON THE NOVEMBER 3, 2020 GENERAL AND SPECIAL ELECTIONS IN BRA►ZOS COUNTY, TEXAS DRAFT - October 17, 2024 EXECUTIVE SUMMARY Brazos County,Texas,conducted General and Special Elections on November 3,2020,the designated Election Day,for national,state,county,and local races and contests. Early voting began October 13, 2020,and there was also absentee/mail-in and UOCAVA(military and overseas citizens)voting. All proper ballots from eligible voters were processed by the electronic voting system,and each voter's selections recorded and counted. (Note that once an in-person voter checks in,there is no identifying information about the voter that is connected to the ballot. Similarly,once the outer envelope of a mail-in ballot is removed,there is no identifying information about the voter that is connected to the ballot. This fulfills the purpose of secret ballots.) The official election result totals were then compiled into the Canvass Results Report dated November 12, 2020,which is posted on the Brazos County election results website. The information from each secret ballot,namely,each voter's selections as counted by the electronic voting system,is called a Cast Vote Record,or CVR,and the printout of all CVRs is a list of the choices each ballot made. This official results printout of all CVRs is a public record,and copies were requested by several citizens of Brazos County. The official Canvass Results Report and the official CVR Report were then examined for consistency, accuracy,and so on. Several problem areas were found,such as the following: • incorrect dating • totals not matching between these two official reports • presidential undervotes not being properly identified. Details of these problems and source documents are included in this preliminary audit report. These discrepancies,non-compliances,and other preliminary audit findings warrant further investigation, and the Commissioners Court has been publicly asked to engage an independent CPA to do so. After a full audit by an independent CPA,if there are any unresolved questions or issues,then appropriate corrective measures should be taken. This will increase public confidence in the elections,which are so fundamentally important to the American constitutional form of representative government"of,by,and for the people." INCORRECT DATING Each page of the Official Results CVR Report is labelled at the top left with a Run Time of 10:44 P.M. and a Run Date of 02/28/2025: CVR Report Brazos County Official results Rspinrr.d Wotan Genval and SP•d+d EtKuxn2°20 2020 General and Special Elections 1SS96or 171.St7.7MAO z Rut Paw 16:44 Yiu 11/3/2020 Proem is Rrr 111.n9 Run an/ o2r2nrro2S, Pon 63619 of 1©0917 'f07 of 147 Y 100Ao s Precinct:7 Device Type:Coritroner Party: DeviceScrial:C1801763808 , Polling Place:ARENA HAIR-El/ Device Data Id l:DT51012VGrZ{P' Voting Type:Early Voting Cyr Id:B74DCSA0-244-4D5D4C54.A223874E8DD2 'Central Bitch ids _, _ _ ____ --_-. Contest Ulf Option President/Vice-President Donald J.Trump/Michael R.Pence US.Senator John Comyn US.Representative District 17 Pete Sessions • Railroad Commissioner Janus 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 Ycary Judge,Court of Criminal Appeals Place 9 David Newell Member,State Board of Education,District 8 Audrey Young . State Representative District 12 Kyle ICacal Justice,10th Court of Appeals District,Place 2 Matt Johnson ' Justke,10th Court of Appeals District Place 3-Unexpired John E.Neiti term District Judge,272nd Judicat District John Bride • • District Attorney,85th Judicial District Jarvis Parsons County Attorney Earl'Gray Sheriff Wayne Dicky _ County Tax''Assessor-collector Kristeen Roe County Commissioner Precinct 2-Unexpired term Russ Ford • •At,targe Place 6 Deidra Davis ' Bryan Independent School District Proposition A Against This Run Date is obviously impossible,because it is in the future. Because the date is incorrect,this cannot be an Official Result,despite the box at the top right. TOTALS DO NOT MATCH BETWEEN THE OFFICIAL CANVASS AND THE OFFICIAL CVR REPORT The Official Canvass Results Report says on the"Totals"line below that there were 537"undervotes"for President/Vice-President: Canvass Results Report• Official Results Brazos County ReJhune vow: 85598 d 121387-70 40% cn,eat mod spedal Eleacars 2020 2020 General and Special Elections Amines Repor ng 107 of 207 A.100.00% Run rime 1102 AM 11/3/2020 Rug Uaea -11/12/220 Pagel? President/Vice-President }rt /i r. gg 1" l ,� i 1 s ' si 3 I, wy Precinct S-- 4---•_ $_''_-1_i-?. -. :._" 103 0 0 0 0 0 O ,D D 0 000% S00 0 61 0 0 0 61 0 61 0 000% S02 0 -1A66 , 2 0 - 1 1467 0 1A66 0 0A0% 503- - 0 :.55 0 0 _. 0 _ SS- . 0_ SS , _ .0, 00016 _ so0 6 0 0 0 6 0 6 0 OAD% Totals --':---2 ltSW.:7 337 0.7 enz,Elltras F. 13.6 i aS.111 r 121,s6Frits pi An"undervote"occurs when a voter makes fewer choices than the maximum allowed for that race or contest. Because the maximum number of choices for President/Vice-President is one,not making any selection is an"undervote." In other words,according to the Official Canvass Results Report,there were 537 ballots with no choice made for President/Vice-President. L Here is such a ballot in the official CVR Report: CVR Report. Brazos County Official results Registered Voters General and Special Elections'2020 2D20 General and Special Elections 85598 of1.21587'=70.40% Run Time. .10:44 PM 11/3/2020 Precincts Reporting Run Date 02/28/2025 Page 1045 of 100937 107 of 107=•100.00%% Precinct 2 Device Type:Controller Party. Device Serial:C1801766408 Polling Place:.COLLEGE STATION UTILITIES MTG&TNG DeviceData Id:JY-.(EHHX&)P-I(@5KW%J 'FACILITY -EV Voting:Type:farly Voting Cvr Id:DF14CO9G4766-4AOB-97ED-.029908EOAF7C ,Central,Batch Id_ -_ _ Contest Title Option • President/Vice-President Undervotes:1 U.S.Senator Mary"MY'Hegar _ US.Representative District 17 Ted Brown Railroad Commissioner Matt Sterett Chief Justice,Supreme Court Mark Ash Justice,Supreme Court,Piace 6-Unexpired Term Jane Bland • Justice,Supreme Court,Place 7 William Bryan Strange III Justice,Supreme Court,Place8 Tom Oxford This voter did not make any selection for PresidentNice-President,when up to one choice was allowed, so it is tabulated as"Undervotes: 1"in the report. (In other situations,the maximum might be higher, such as"Vote for up to 3 board members";then,if a voter only made one selection,the report would show the one name selected and also"Undervotes:2",meaning they voted for two less than the maximum.) However,there are only 285 ballots in the official CVR Report labelled"PresidentNice-President Undervotes: I". Why does the Official Canvass Results Report then say there were 537 presidential undervote ballots? PRESIDENTIAL UNDERVOTES NOT PROPERLY IDENTIFIED Another way to cross-check the results is to look in the official CVR report for all ballots that did not vote for President/Vice-President, instead of looking for the"President/Vice-President Undervotes: 1"label. Here is a ballot that did not vote for President/Vice-President,but is missing the"PresidentNice- President Undervotes: 1"label: CVR Report Brazos County Official results Registered Voters General and,5pecial Elections 2020 2020 General and Special Elections 85598 of 121587',70.40% Run Time ,10:444)M' 11/3/2020 Precincts Reporting: Run Date 02/2812025, Page 63671 of 100937 107 of,107•.100.00% •Precinct::12 Device Type:Central Party o Device Serial:•D1900233012 Polling Place: Device Data Id'UD&=II#1NT%2648B#Q5T6 Voting Type Absentee Voting' Cvr Id:1A34907E-8B59-4BF4-91FB-A24368756943 Central Batch Id:25. f a 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 There are 2,567 ballots in the official CVR Report similar to this that did not vote for PresidentNice- President,but are missing the"President/Vice-President Undervotes: 1"label. This makes three conflicting counts of"no selection for President/Vice-President": I. Official Canvass 537 2. Official CVR Report 285 ballots listing"President/Vice-President Undervotes: 1" 3. Official CVR Report 2,567 ballots not listing PresidentNice-President Numbers 1 and 2 should match,but they do not. Number 3 should be zero. These discrepancies mean that the numbers are not consistent and therefore are not accurate. Because the same software produced different numbers,the software is not reliable. Appendix D Cyber Security Recommendations (Dr.Walter Daugherity) 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 because 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: im ltlIl .y� a To ,; a _ , , . It AO } y,[ 4 1• 0 'y, 4 ` a rya �. w�7 '1i...-r...a :Wadi t (https:l/www.sos.state.tx..us/about/newsreleases/2022/092322.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 Iogged in as harttech? Microsoft Patch Tuesday #Vulnerabilities #Critical Jan-24 48 2 Feb-24 80 5 Mar-24 60 2 Apr-24 157 3 May-24 67 1 Jun-24 58 1 Jul-24 142 4 Aug-24 92 9 Sep-24 79 7 Oct-24 117 3 Voluntary Voting System Guidelines Version 1.0 §7.4.2 Protection Against Malicious Software I against the many forms of threats to which they may be exposed such as file and macro viruses,worms,Trojan horses,and logic bombs. PCL XL error Subsystem: KERNEL Error: InsufficientMemory Operator: Readlmage Position: 806 ', � -'.' f Cyr BRAZOS COUNTY BRYAN, TEXAS Extension of Declaration of Disaster WHEREAS,on the 17th day of October 2024,the County Judge issued a proclamation declaring a state of disaster for Brazos County resulting from drought conditions and fire danger. - WHEREAS,the County Judge and Commissioners Court of Brazos County have determined that the conditions necessitating a declaration of a state of disaster continue to exist and are likely to continue to impact the county for quite some time;and WHEREAS, §418.108(b)of the Texas Government Code provides that a local state of disaster may not be continued for a period in excess of seven days without the consent of the governing body of the County; NOW,THEREFORE,BE IT DECLARED AND ORDERED BY THE COMMISSIONERS COURT OF THE COUNTY OF BRAZOS: That the local state of disaster proclaimed for Brazos County by Judge Duane Peters shall continue for a period of thirty(30)days from the date of this Order and expire on November 20,2024,unless or until terminated or extended by order of the Commissioners Court of Brazos County. This declaration shall take effect immediately from and after its issuance. DECLARED this pa day of C0 Vo 99O�v' • - (09Sti* Duane Peters ik\o Sty County Judge _ Steve Aldrich C uck Konderla County Commissioner,Precinct 1 • sty Co igkioner, ' - inct 2 --- --ecow.e...v Sgrivwuj, tzu.h.A,,, isitio, i Nancy Ber /CE3 N! -,. co=N 9104 c° ��' Wanda J.Wats� County Commissioner,Precinct 3 ' 14 County Commaer,Precinct 4 AZST: Karen McQueen, County Clerk • oGA, OF 51"�ti. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Budget Office NUMBER: DATE OF COURT MEETING: 10/2212024 ITEM: Request authorization to wire transfer up to$233,607.38 to HHSC for the Federal Fiscal Year(FFY 2023)Graduate Medical Education Program(GME)Retroactive Payment for the benefit of participating hospitals using funding from the Brazos County Local Provider Participation Fund. TO: Commissioners Court FROM: Nina Payne DATE: 10/16/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: Brazos County LPPF(Fund 16000) REQUIREMENTS HHSC requires this IGT to be entered into TexNet no later than close of business Friday, October 25,2024 with a settlement date of Monday,October 28,2024. Texas Medicaid provides supplemental payments to support teaching hospitals which operate approved medical residency training programs. Medicaid Graduate Medical Education(GME)payments recognize the higher cost incurred by teaching hospitals. NOTES/EXCEPTIONS: Compared to non-teaching hospitals,teaching hospitals treat patients with more complex conditions and provide patient care that is more intensive and technologically sophisticated. Reimbursement rules applicable to Graduate Medical Education(GME) are located at Title 1 of the Texas Administrative Code,Part 15,Chapter 355,SubChapter J,Division 4,Rule 8058. ACTION REQUESTED OR Request approval. ALTERNATIVES: ATTACHMENTS File Name Description Zypg GME IGT 2023 Request 10.17.24.pdf GME 1GT Notification Cover Memo FY23 Retro GME Moe Summary_ GME IGT Summary Backup Material Agenda Backup.pdf APPROVED Duane Peters /1 f D to County Judge (}) Nina Payne From: Justin Flores <justin@ahcv.com> Sent: Thursday,October 17,2024 10:06 AM To: Nina Payne Cc: Kelly O'Brien; Caroline Simpson Subject: FW:Graduate Medical Education Program IGT Notification—2023 Non-State Private Retroactive Payment Attachments: FY23 Retro GME Alloc Summary- Brazos County LPPF.xlsx Brazos County Disclaimer *****This is an email from an EXTERNAL source.DO NOT click links or open attachments unless you recognize the sender and have verified that the content is safe.Never enter USERNAME,PASSWORD or sensitive information on pages linked from this email.***** Hello Nina, As you know,the upcoming GME FY23 Retro IGT is taking place on Friday,October 25th.Accordingly,the hospitals participating within the Brazos County LPPF would like to request the following IGT amount noted below. (Please review the accompanying allocation.) GME FY23 Retro—total requested IGT amount$233,607.28 HHSC requires this amount to be entered into TexNet no later than the close of business 10/25/2024 with a settlement date of 10/28/2024. These funds will need to be placed in the"GME" Bucket. Upon successful completion of the IGT, please submit the PDF of the TexNet trace sheet and allocation form to PFD GME Payments@hhs.texas.gov. AHCV also kindly requests to be copied on the TexNet trace sheet submission to HHSC on or before the deadline noted above. Please do not hesitate to contact us with any questions. Best regards, Justin Justin Flores I Director of Finance Adelanto HealthCare Ventures L.L.C. 401 W. 15th Street,Suite 840 Austin,TX 78701 Direct: (254)231-6009 http://www.ahcv.com/ From:Texas Health and Human Services Commission<txhhs@public.govdelivery.com> Sent:Wednesday,October 9,2024 1:41 PM To:Justin Flores<justin@ahcv.com> Subject:Graduate Medical Education Program IGT Notification—2023 Non-State Private Retroactive Payment 1 CAUTION EXTERNAL EMAIL: email originated f ,ticgni).EE external email address.CC)GX:2 C31;XD11 attachments 0 CO dbigi information` p ,-recognize s sender aid know f content his ' I Graduate Medical Education Program IGT Notification - 2023 Non-State Private Retroactive Payment HHSC is providing notification of the Intergovernmental Transfers(IGT) call for the Graduate Medical Education (GME) Non-State Private 2023 Retroactive Payment. The Federal Fiscal Year (FFY) 2023 GME Payment file was updated on Oct. 9, 2024 and can be found under the Non-state Private Hospitals heading on the Provider Finance website. Due to the retroactive nature of this payment, the entire year will be processed at the same time. As such, payment amounts can be found in column R, and the IGT amount that needs to be transferred by sponsoring governmental entities is the amount located in column S of the "Private GME (2023)" tab. To ensure that all government entities receive this notification, HHSC strongly encourages providers to send this information to any government entity that is completing an IGT on their behalf. Below are the pertinent dates associated with the 2023 GME retroactive payment: • Friday, Oct. 25, 2024: Last date to schedule transfer in TexNet • Monday, Oct. 28, 2024: IGT settlement date • Tuesday, Nov. 19, 2024: Latest possible payment date Please be sure to select the GME bucket in TexNet when you enter your IGT. It is imperative that you send a screenshot/PDF copy of the confirmation/trace sheet from TexNet to the Payments Team. TexNet instructions are available on the Texas Comptroller's website. 2 1 I I i You have subscribed to get updates about Texas Health and Human Services(HHS). For more information about HHS, please visit our website. il Sta Connected ❑l l l l I (en espanol) Subscriber Services Manage Preferences I Unsubscribe I Help This email was sent to justin@ahcv.com using govDelivery Communications Cloud on behalf of:Texas Health and Human Services Commission-707 17th St,Suite 4000•Denver,CO 80202 x 3 Agenda Date: Tuesday, October 22, 2024 TexNet: Friday, October 25, 2024 Settlement Date: Monday, October 28, 2024 Bucket: GME Bucket GME Retro FY23 Facility Allocation %of TPI Hospital Government Entity IGT Total Funding IGT from GE from GE 127267603 ST.JOSEPH REGIONAL HEALTH CENTE BRAZOS COUNTY LPPF $ 233,607.28 100% $ 233,607.28 Total $ 233,607.28 $ 233,607.28 (.\ -41 Q.hY 9vv. . BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Specialty Court NUMBER: DATE OF COURT MEETING: 10/22/2024 ITEM: Approval requested from Specialty Court for payment of$3,190.00 to Recovery Healthcare Corp for the use of GPS curfew monitors for the month of September FY24.A Purchase Order was not obtained in advance. TO: Commissioners Court FROM: Lisa Paradis DATE: 10/16/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 SOURCE OF FUNDS: The funds would come from Specialty Court Grant Fund 3000,Division 227100 Account 71025000 FY24 ATTACHMENTS; File Name Description Type INVOICE_1002507,pdf Invoice 1002507 Cover Memo APPROVED '=.-------oe..Ac).;„eVAikft.:4,:i_ 11,-...z 1 .z y. Duane Peters Ptz.e ► 06'Date County Judge A- 10/16/24,10:37 AM Invoices-Oracle Fusion Cloud Applications 16 n Edit Invoice: 1002507 e __m._' validated Invoice Actions Savo Save and Close Ca;:cel Last Saved 10/16/2024 10:33 AM Invoice Header Show Less General Accounting Tax Additional Information Identifying PO Number 1002507 Date 10/3/2024. Business Unit Brazos County USD-US Payment Brazos County *Amount 3,190.00 Payment Terms Net 30 Business Unit Dollar Goods Received Supplier Recovery Healthcare Corp Payment USD-US Dollar Supplier Currency Invoice Received Number 96167 Type Standard Terms Date 10/3/2024 Supplier Site MAIN-PAY Description GPS Curfew September FY24 Supplier Site 1090 N Stemmons Ftwy,Ste A, Requester Address ALLAS,TX 75247 Comments Legal Entity Brazos County,TX — Intercompany invoice First-Party 74-6000433 —Allow prepayment application Taxpayer ID Attachments September GPS G —Net of Retainage Curfew FY 24.pdf Invoice Group 9 Note Lines Q Match Invefed Lines v Taxes Totals Items Freight Miscellaneous Tax Included Prepayments Total 3,190.00 0.00 0.00 0.00 0.00 03,190.00 Retalnage Withholding Applied Prepayments Due 0.00 0.00 0.00 3,190.00 https://ekzl.fa.us2.oraclecloud.com/fscmUl/faces/FuseWelcome?_adf:ctrl-state=19mps6cyy9_1&_adf.no-new-window-redirect=true& afrLoop=212105... 1/2 is f invoicG ...,.....„.. ,, .', §. - , Page 1 of 2 Invoice# 10025407 9090 N STEMMONS FRWY,STEA Acct.No. 2079317088 DALLAS TX 75247-3521 Due Date 10/3/2024 • (214)819-1400 Memo AUGUST-2024 Toll Free_(844)909-8555 Invoice Message www.recoVerymS.com , . To pay by credit card or Bill To to view your account BRAZOS COUNTY.JUDGE ZACHARY erym balance,please visit www.recovs.com or 202 E 27TH St give us a•call at BRYAN TX 77803-3980 214-819-1400. ..-....,..-,:,-,3.-.;7,,•v;-;-.:-.:,..,,:-.:•i 7.::„..:7,-,g,:z,::;::::,:',-D,;: ,;:,-,..;It,.5;1..rk.:,:,7,7.17:',7::;i:,,: ::-:,:'; `.::.''';''''::::.:.: :":-.:-',''1:-1 C:::.:.':?:.:;1-7',. .,1'.-:' .;:-'1.,:::Ti;;`. :777,-4'": ',''.3:'7NIFX'‘'`ITT,';:1'.: .'••• ' •:,i52,:':: ;; :':',.--•;:._,:::;,:.:',.:?:.,',,., -":-='-‘2t1.c..i::;.C.I-1,4L,....=..-:'--,",':,::F ,:. s---,,,::iJ'':::,::,:t%,,,: i:.::1--•:-:::.:'"-I';'-f..:-:,::l'-.-.:•" ,t:1-::!:!.-.:.--'-:":". .*:,f;,:':1,1":1,::!1:;;:1:i'--,0,`• -•!:: ::-4°'4•'ir".'4.; 616.s Daily Service ; o!...,,,..,...--...,..".,...„,.„.61; gib 1 K./rivr•vii,,,*rseir•,.........-syno.*, 1 'fiti.00.! 6.36 GPS Daily Service I 30 ; Daily fee for GPS monitoring- 10.00: 300.00 ACTIVE GPS Daily.Service 25 Daily Yee for GPS monitoring- . 10.00 1 250.00! ,ACTIVE GPS Daily Service 25-Daily fee for GPS monitoring- 10:00 I 250.00' • • ACTIVE • GPS Daily Service 2' Daily fee for GPS monitoring• . 10.00 I 20.00 ACTIVE ' GPS Daily Service 30: Daily fee for GPS monitoring-. : 10.00;: 300.00.ACTIVE • ' i : , 1 GPS Daily Service 30,: Daily fee for GPS monitoring. : 10:00 1 ACTIVE 300.00 GPS Daily Service 30 ;Daily fee for GPS monitoring• 10.00 I 300.00 ACTIVE i I i GPS Daily Service 30; Daily fee for GPS monitoring 10:00; 300-.00 . ACTIVE • GPS Daily Service 30 Daily fee for GPS monitoring 10.00; 300.00 • ACTIVE GPS Daily Service 5 i Deily lee for GPS monitoring 10.00 I 50.00; • 4 ACTIVE • GPS Daily Service 5! Daily fee for GPS monitoring 10.00 t; 30.10 ACTIVE , GPS Daily Service f 16 i Dal&fee for GPS monitoring-' - -- 10.00; 160.00 ACTIVE • it _- GPS Daily Service ; 5!Daily fee for GPS monitoring- • 10.00 50.00, ACTIVE • • I . 0.00 ; 200.00 i • GPS Daily Service 20 Daily fee for GPS monitoring- 10.00 ACTIVE ! '. SCRAM-Daily 0'•---**''''''''' -**SCRAM BILLING"''---"-** OLO:*--- t 12.00 I • Rate. i- . SCRAM-Daily 30 " Daily rate for monthly service billing 12.00! 36000 Rate . . ; 4 . ' . i . . • ; , •. • "• • 1 i • 1 , • I •+ ; , . 1 : I. . : . •. - I 1 i i. 1 ' i I I . : , • `a Invoice Page 2 of 2 Invoice# 10025407 9090 N STEMMONS FRWY STE A Acct.No. 2079317088 DALLAS TX 75247-3521 (214)819-1400 Toll Free(844)909-8555 www.recoveryms.com Total for this Invoi a $3,190.00 • 3,190.00 0.00 5,964.00: 0.00 980.00 $10,134.00 RECOVERY MONITORING SOLUTIONS,LLC Remittance Slip Customer 2079317088 BRAZOS C... Invoice# 10025407 Amount Due S3,190.00 Amount Paid Make Checks Payable To RECOVERY MONITORING SOLUTIONS 9090 N STEMMONS FRWY STE A DALLAS TX 75247-3521 111111111111111111111 lnmatm INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY,THE CITY OF COLLEGE STATION,AND THE CITY OF BRYAN FOR THE 2024 BYRNE JUSTICE ASSISTANCE GRANT(JAG)PROGRAM AWARD This Agreement is made and entered into by and between Brazos County, Texas (hereinafter referred to as the "County"), acting through its Commissioners' Court, the City of College Station (hereinafter referred to as"College Station"),a Texas home-rule municipal corporation,acting through its City Council; and the City of Bryan, Texas (hereinafter referred to as "Bryan"),. a Texas home-rule municipal corporation,acting through its City Council. WHEREAS,the County,College Station,and Bryan intend to submit a joint application for grant funds under the U.S. Department of Justice's 2024 Edward Byrne Memorial Justice Assistance Grant Program("JAG");and WHEREAS,as a condition precedent to receiving a JAG award,the County,College Station,and Bryan are required to enter into an inter-local agreement designating one joint applicant to serve as the applicant/fiscal agent for the joint funds;and WHEREAS, the parties agree that Bryan will serve as the applicant/fiscal agent for the joint application;and. WHEREAS, Chapter 791 of the Texas Government Code, also known as: the Interlocal Cooperation Act, authorizes all local governments to contract with each other to perform governmental functions orservices;:and WHEREAS,the parties represent that each is independently authorized to perform the functions or services contemplated by this Agreement;and WHEREAS, each governing body, in performing governmental functions or in,paying for the performance of governmental functions hereunder,shall Make.that performance or those payments from current revenues legally available to that party;and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of all parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under,this Agreement;and WHEREAS, the parties find that upon receipt of the JAG award, it is in .their',best interest to allocate the JAG award'aceording to the dollar amounts and purposes indicated in this Agreement; NOW,THEREFORE,the parties hereto,in consideration of the mutual'covenants and conditions contained herein,promise and agree as follows: 1. Bryan agrees to pay the County.a total of;6,578.40 from the JAG funds. 2. The County agrees to use the$6,5784d.for the purpose of supporting local initiatives,technical assistance,training, personnel, equipment, supplies,contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 3. Bryan agrees to pay College Station a total of$1.4,379.10 from the JAG funds. 4. College Station agrees to use j24,370_I�O for the purpose of supporting-local initiatives,technical assistance,training,personnel,equipment,supplies,contractual support, information technology, research and evaluation activities that will improve or enhance law enforcement programs. 5. Bryan agrees to retain a total of$22,907.50 from the JAG funds. j 6. Bryan agrees to use$22,907^50 for the purpose of supporting-local initiatives,technical assistance, training,personnel,equipment,supplies,contractual support,information technology,research and evaluation activities that will improve or enhance law enforcement programs. 7. The parties to this Agreement do not intend for any third party to obtain a right by virtue of.this Agreement. 8. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein;further,this Agreement shall not create any rights in any party not a signatory hereto. 9. No party shall have the right to direct or control the conduct of the other parties with respect to the duties and obligations'of each party under the terms of this Agreement. 10. Each entity shall ensure that all applicable laws and ordinances have been satisfied., 11..Effective Date and Term. This Agreement shall be effective when signed by the last party who's signing makes the Agreement fully executed and will remain in full force and effect for the four (4)year term of the 2024 JAG program award. 12. Indemnification Subject to the limitations as to damages and liability under the Texas Tort Claims Act,-and without waiving its governmental immunity,each party to this Agreement agrees to hold harmless each other; its governing board, officers, agents and employees for any liability, loss, damages,claims or.causes of action caused,or asserted to be.caused,directly or indirectly by any other party to this Agreement, or.any of its officers, agents or employees as a result of its performance under this Agreement. 13. Consent to Snit. Nothing in this.Agreement will be construed as a waiver or relinquishment by any party of its right to claim such exemptions,privileges and immunities as maybe provided by law. 14. Invalidity: if any provision of this Agreement shallbe.held to be invalid,illegal;or unenforceable by a court or other tribunal of competent jurisdiction,the validity,legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision-or provisions of this Agreement with legal" terms and conditions approximating the-original intent of the parties. 15. Written Notice. Unless otherwise.specified, written notice shall be deemed to have been duly served if delivered in person or sent by certified mail to the business address as listed herein. CITY OF BRYAN: CITY OF COLLEGE STATION: BRAZOS COUNTY: City Manager City Manager County Judge City of Bryan City of College.Station Brazos County 300 South Texas Ave. P.O.Box 9960 200 South Texas Ave.,Ste.332 Bryan,Texas 77803 College Station;Texas 77842 Bryan,Texas 77803 16. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supersedes any and all.prior.agreements,arrangements,or understandings between the parties relating.to the subject matter. Nor oral understandings, statements; promises, or inducements contrary to the terms of this.Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution.of this-Agreement shall affect or.modify any,of the terms or obligations hereunder. 17. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing:and signed by duly authorized representatives of both parties. 18. TexasLaw. This Agreement has been made under and shall be governed by the laws of the State of Texas. 19. Place of Performance. Performance and all matters related thereto shall be in Brazos County; Texas,United States of America. 20. Authority to Enter Contract. Each'party has the full power and authority to enter into and :perform this Agreement and the person signing this Agreement on behalf of each party-has been properly authorized and empowered'to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf Of"their respective corporations. 21. Waiver. Failure Of any party, at any time,to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision,nor in anyway affect the validity of this Agreement,any part hereof,or the right of either.party'thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing'and signed by the party claimed to have waived. Furthermore,any consent to or waiver of a breach will not constitute consent to or-waiver of or excuse any other different or subsequent breach. 22. Agreement Read. The parties`acknowledge that they have read,understand and intend to be bound by the terms and conditions of this Agreement. 23. Assignment, This Agreement and the rights and obligations contained herein may not be-assigned by any party without:the prior written approval of the other parties to:this Agreement. 24. Multiple Originals. It is understood and agreed that.this Agreement may be executed in a number of identical counterparts,.each of which shall be deemed an original for all purposes. [SIGNATURE PAGES FOLLOW) • EXECUTED this the day of 2024. CITY OF BRYAN APPROVED: Bobby Gutierrez,Mayor APPROVED FOR COUNCIL: Kean Register,City Manager ATTEST: APPROVED AS TO FORM: Melissa.Brunner;City Secretary Thomas A.Leeper,City Attorney EXECUTED this the day of ,2024. CITY OF COLLEGE STATION APPROVED: Mayor ATTEST: APPROVED FOR COUNCIL: City Secretary City Manager APPROVED AS TO FORM: • City Attorney Assistant City Attorney/CFO EXECUTED this the adP(41". day of 00 r e 617— ,2024. COUNTY OF BRAZOS APPROVED: Cray = .6Z. sor ATTEST: 1 , STO_ It 4 . jaaAl ehc4 County erk Co. el for Brazos County ("kitfka.seo 40 C-ketffid- R BRAZos COUNTY OFFICE OF THE SHERIFF WAYNE DICKY, SHERIFF PAUL MARTINEZ,CHIEF DEPUTY OF ENFORCEMENT 1700 WEST STATE HIGHWAY 21 � •- KEVIN STUART,. �'° CHIEF DEPUTY OF CORRECTIONS ;BRYAN,TEXAS 77803-�1300 P�1�+ g,.a. October 16,2024 • The Honorable Judge Duane Peters The Honorable Commissioner Steve Aldrich The Honorable Commissioner Chuck Konderla • The Honorable Commissioner Nancy Berry The Honorable Commissioner Wanda Watson Re:Request for Approval of the:lnter-local Agreement in support of the 2024 Bryne JAG Budget Submission Hearing. DearMembers of the Court: AGENDA:ITEM DESCRIPTION:Approval for the Inter-Local Agreement between Brazos County,City of Bryan,and:College Station in support of the 2024 Bryne Justice Assistance Grant Program. SUMMARY STATEMENT:This is a share of the funds that the cities of Bryan.and College Station Will receive through the 2024 Byrne JAG Program.The cities have shared this grant•with us since 2005,and In-the past we have used the monies to purchase'and:upgrade law enforcement•equipment utilized by the Sheriffs Office. • 1 request the Commissioners°Court approve the Inter-local Agreement. Please let me know if there is further-information you might require. Sincerely, Paul.Martinez Chief Deputy:Sheriff Brazos County Sheriffs Office 1 OFFICE(979)361-4900 NV ADMINISTRATION(979)'361-4992 41p FAX(979)361-4999 •• Brazos County Purchasing Uniform Policy Adopted:October 22,2024 Uniforms will be provided to all Brazos County Purchasing employees, when they are officially employed,to wear as specified herein. Uniforms will help provide a professional appearance and clearly distinguish employees as Brazos County Purchasing Employee. The uniform is intended to aid in the ease of identification of Brazos County Purchasing employees while conducting County business. When hired, Full time staff is issued a uniform dress shirt and a Lightweight jacket or equivalent to wear bearing the Brazos County Purchasing logo,while they are officially at work,traveling for work, or any form work related events only. Updated uniforms will be purchased yearly. All Brazos County Purchasing uniforms provided must be kept clean and always worn in a presentable manner reflecting a professional and positive image of the Brazos County Purchasing Department. Unforms should be worn with the appropriate personal clothing that piesents a professional and positive image of the Brazos County Purchasing Department. Damaged uniforms should be repaired by the employee if possible. If repair is not feasible, the unform shall be retired, and is up to management if replacement is necessary. Employees will be responsible for damage not caused by normal wear and tear while working. Employees are required to wear either their dress shirt or jacket at a minimum of one (1)time per week, while representing the Purchasing Department for official business only. This can include pre-bid, pre-proposal, site walks, conferences, meetings, etc. The uniform garments wilt not be worn for non-official use or activities, including those that would not be acceptable Monday through Friday during normal work hours. Violations of this policy can range from verbal warning to written reprimand. Employees must return all assigned uniform items in their possession to the 'Brazos County Purchasing department before their last day of employment with the Purchasing Department. Approve by Com is loner's Court on this day o 2024 by holding the position of \ mow A'&V tiyv 1 10/15124,1:42 PM item Coversheet ;: ': f i---'. .*; •.hrro :: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 10/22/2024 ITEM: Approval of variance to Brazos County Comp Time policy to allow Elections Administre staff to be paid overtime. TO: Commissioners Court DATE: 09/19/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Variance for 2024.pdf Variance Cover Memo APPROVED Duane P ers ate County Judge �..P.._.s, httpsi/Brazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=29522 1/1 TRUDY HANCOCK, REO,CERA 5 T ELECTIONS ADMINISTRATOR . -y 300 E WM J BRYAN PRKWY, • • SUITE 100 �1r �k BRYAN TX 77803 (979)361-5770 pip . (979)361-5779(Fax) BRAZOS COUNTY TO: Honorable Judge Duane Peters Honorable Commissioner Steve Aldrich Honorable Commissioner Chuck Konderla Honorable Commissioner Nancy Berry Honorable Commissioner Wanda Watson FROM: Trudy R. Hancock, REO, CERA Elections Administrator DATE: October 22, 2024 RE: Variance of Comp Time Policy The Elections Administration Office will be holding the November 2024 General/Special Election in conjunction with City of Bryan General Election and City of College Station General/Special Elections on November 5, 2024. I am requesting a variance to the Brazos County Comp-Time policy (Section 4.07). I request to pay my staff for over-time accrued from October 21 through December 29, 2024 as it is accrued. Staff will not have adequate time to use any comp-time earned during this period prior to the end of the year. Thank you for your consideration in this matter. APPROVED .A t •-�f. i0 Brazos CO V my Template Revision 1.2 081152012 ,A '�°y' Job Description ate V• '&�a Duane Pete t raa�?: Last Updated: October 2024 Ir N County Judg �~� Class Number: B2608 Title: Project Coordinator Pay Group: 23 Department: Road & Bridge FLSA Status: Exempt Reports To: County Engineer Approved Date: 10/22/2024 EEOC Category: Officials and Administrators General Summary: The Project Coordinator is responsible for overseeing and coordinating various construction projects within the county's Road and Bridge Department.This role involves managing the planning,design,and execution of construction projects to ensure they are completed on time,within budget,and in compliance with all relevant regulations and standards. - Essential Duties: Project Planning and Coordination: • Coordinates with Engineers,Consultants,and other stakeholders to develop plans,including scope,budget,and resources. • Coordinate with engineers,contractors,and other stakeholders to ensure project alignment with goals and objectives. • Monitor project progress and adjust as needed to meet deadlines and budget constraints. Budget and Resource Management: • Prepare and manage project budgets,ensuring costs are tracked and controlled. • Allocate resources efficiently and effectively to meet project demands. • Identify and mitigate financial risks associated with projects. Compliance and Quality Assurance: • Ensure all construction activities comply with local,state,and federal regulations and standards. • Conduct regular site inspections to ensure quality and safety standards are met. • Address any non-compliance issues promptly and effectively. Communication and Reporting: • Serve as the primary point of contact for all project-related communications. • Provide regular updates to senior management,stakeholders,and the public on project status and progress, • Prepare detailed reports on project performance,including milestones,issues,and resolutions. Contract Management: • Oversee the procurement process for contractors and vendors. • Negotiate contracts and manage contractor performance to ensure adherence to project specifications. • Address any contractual issues or disputes that arise during the project lifecycle. Risk Management: • Identify potential project risks and develop mitigation strategies. • Monitor risk factors throughout the project and implement corrective actions as necessary. • Ensure all safety protocols are followed on construction sites. Other Duties as assigned. Supervision Received: From County Engineer&Capital Project Manager • Given: Assists Capital Project Manager in effective management of Capital projects.Coordinates with General Superintendent, GIS Manager;ROW Agent;Drainage Management Specialist,the Traffic Sign Supervisor as required. Education Required: A secondary degree(high school diploma,associate's degree,or the global equivalent)with at least six years of construction management/project management experience. Preferred: Bachelor's degree in civil engineering,Construction Management,or a related field. Experience Required: • Experience with municipal or county government projects. • Familiarity with Texas Department of Transportation(TxDOT)standards and procedures. • Minimum of 5 years of experience in construction project management or coordination,preferably in public works or road and bridge projects. Preferred: Three(3)years of Professional Engineering experience Certificates, - Licenses, • • . Registrations Required: Class C Driver's License(valid), Preferred: Certification as a Construction Manager by the Construction Management Association ofAmerica(CMAA)and/or certification as a Project Management Professional by the Project Management Institute(PMI),Have a Professional Engineering License or ability to acquire one within 6 months of hire date. Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job,the employee is regularly required to sit;use hands and arms;and talk and hear.The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 401bs,such as containers,or other similar objects. Specific vision abilities required by this job include close vision,and ability to adjust focus. Employee must occasionally drive to offsite locations. Knowledge, Skills, & Abilities Typical: Knowledge of: 1. Capital construction project management principles,processes,systems and techniques. 2. Public works project funding and budgeting,objective development and work planning/scheduling. 3. Practices of civil engineering,infrastructure design and construction. 4. Federal,state and local laws,codes and regulations regarding public works construction. 5. Trends,approaches and problem-solving techniques used in construction,engineering,inspection and compliance processes. 6. Modern methods of construction and design concepts. 7. Techniques,equipment and materials used in public works construction and major maintenance. 8. Information technology and computer capabilities applicable to functional responsibilities. 9. Methods and techniques of community involvement,decision-making processes and group processes. 10. Principles and practices of team leadership. Ability to: 1. Plan,organize,assign,coordinate,review and evaluate the work of professional,technical,consultant and administrative support staff. 2. Prepare,administer and monitor a project budget and anticipate future budgetary needs. 3. Develop persuasive oral presentations of ideas and recommendations. 4. Interpret and apply complex rules,regulations,laws and ordinances. 5. Provide assistance and project management oversight on assigned projects. 6. Analyze technical design engineering,construction engineering and surveying problems. 7. Evaluate alternative project approaches and adopt effective solutions. 8. Prepare accurate and detailed written material,including staff and administrative reports. 9. Analyze policies,proposed code amendments and changes to established programs and policies. 10. Exercise sound,independent judgment and initiative within established guidelines. 11. Establish and maintain effective working relationships with a diverse workforce. 12. Interact effectively to problem-solve and partner with internal and outside departments and contractors Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job.Reasonable accommodation may be made to enable individuals with disabilities to perform the essential functions.The noise level in the work environment is usually moderate.The employee is constantly required to work closely with others as a part of a team,and to perform multiple tasks simultaneously.The employee is frequently required to perform tedious and exacting work,and to switch from one task to another. The employee is occasionally required to work under pressure to meet deadlines. 19 • pp 9�r� BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 10/22/2024 ITEM: Approval of Diners Club credit card to be issued to County Commissioners Court employee Aubrey Leggett with a limit of$2,000.00 for various conferences and reservations. TO: Commissioners Court FROM: Presley Nelson DATE: 10/17/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Aubrey Leggett.pdf Application Backup Material Card Request- Leggett.pdf Card Request Backup Material APPROVED Y v laala� Duane Peters ate County Judge leges,--m:m121 PS FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND SALVATION ARMY THIS FUNDING AGREEMENT("Agreement") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the SALVATION ARMY (hereinafter "Agency"), located in Bryan, Texas, and is effective October 1,2024. RECITALS WHEREAS,AGENCY serves all seven counties of the Brazos Valley (Brazos, Burleson,Grimes, Leon,Madison, Robertson,and Washington), and; WHEREAS,AGENCY provides disaster relief services and assistance in preventing homelessness to those in need through a food pantry, clothing vouchers, rental assistance, and utility assistance, and; WHEREAS, the short term and long term goals of AGENCY include expanding the Pathway of Hope program to assist more families in ending the cycle of poverty and becoming self-sufficient members of society, and; WHEREAS,the County shares this common goal and desires to assist the Salvation Army in its efforts. WHEREAS, the County is responsible for declaring and responding to disasters when they occur: NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months, commencing on the 1st day of October 2024, and terminating on the 30th day of September 2025. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. Salvation Army Page 1 of6 USE OF COUNTY FUNDS Funds to be furnished to AGENCY as stated herein be used to offset operational costs of social service programs for rental assistance, utility assistance,food pantry and educational expenses. COUNTY'S LIABILITY FOR PAYMENT The County,for and in consideration of the services provided to County, hereby agrees to pay AGENCY a total payment of Twenty-Five Thousand Dollars ($25,000.00) ("Funds")for the year beginning October 1, 2024, and ending September 30, 2025. Payment of such sum will be paid upon receipt of invoice. RESPONSIBILITIES OF AGENCY AGENCY will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to any and all inquiries by the County. 5. AGENCY agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. AGENCY 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.AGENCY 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. AGENCY agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the AGENCY under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County ' Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the AGENCY. 6. Brazos County Commissioners Court may, in its sole discretion, require that an independent financial audit be performed on the records of the AGENCY. If an independent financial audit is performed, a management letter will be Page 2 of Salvation Army 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 AGENCY'S annual financial report, but which are of concern to or under the suggestion of the auditor. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the AGENCY. 7. AGENCY will provide the County with any and all certified,audits conducted by AGENCY, and the management letter prepared in connection therewith; 8. AGENCY will provide the Commissioners Court with annual and quarterly statistics evidencing the number of Brazos County residents using the AGENCY's Services at the end of each calendar quarter. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a review of the AGENCY'S performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the AGENCY. RECORD RETENTION The AGENCY shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records.The AGENCY 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 AGENCY 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 AGENCY shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. The AGENCY 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 Page 3 of 6 Salvation Army • AGENCY agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities, or actions resulting or alleged to result from the breach, violation or non-performance of the services stated herein and for any damage to any person resulting from any action, omission, or negligence on the part of each party hereto. INSURANCE. The parties hereto agree that the AGENCY shall be an independent contractor and not an employee or agent of the County, and that each shall maintain- at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTY INVOLVEMENT The County and AGENCY state that to the best of their knowledge, no officer, agent, or employee of the County who exercises any function or responsibility in connection with the carrying out of this Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas and venue shall lie exclusively in Brazos County, Texas. The Parties agree that all obligations under this Agreement are performable in Brazos County, Texas and that this Agreement has been executed in Brazos County, Texas. Venue shall lie exclusively in Brazos County,Texas, notwithstanding anything to the contrary. TERMINATION AGENCY or County may unilaterally terminate this Agreement, at any time and for any reason, or no reason, by giving the other sixty (60) calendar days prior written notice. In the event of termination AGENCY agrees to return funds to County of a pro rata basis based on a twelve (12) month calculation. Page 4 d Salvation Army 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: Salvation Army 2506 Cavitt Ave. Bryan, Texas 77801 Brazos County Commissioners Court County Administration Building 200 So.Texas Ave., Suite 310 Bryan,Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. SEVERABILITY In the event that any provisions or portion of this Agreement are held to be unenforceable or invalid, the validity and enforceability of the remaining provisions or portions shall not be affected. ENTIRE AGREEMENT, This Agreement contains the entire understanding between the parties concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the AGENCY without the prior written consent of the County. Page 5d6 Salvation Army In witness whereof, the parties hereto have caused this Agreement to be executed by their duly authorized representatives. Brazos County Salvation Army (!l_..(%tatr, • Duane Pe , County dge/ 1 spa n�,� y ( ._---_- �- • Treasurer D aa- aoatl Date Date ATTEST: *EkAp.A,--671 QA D.QAv\-- Karen McQueen, unty Clerk Page 6of 6 Salvation Army CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2024-1213144 The Salvation Army Bryan,TX United States Date Filed: 2 Name of governmental entity or state agency that Is a party to the'contract for whicTi the form Is 0911112024 being filed. The Salvation Army 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. 25-057 Provides Rent and Utilities assistance to clients 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 DECLARATION My name is , and my date of birth is My address is (street) (city) (stare) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in County,State of ,on the day of ,20 (month) (year) Signature of authoriz rIrlcontracting b ess entity Declarant) Forms provided by Texas Ethics Commission www.ethics.state,tx:us Version V4.1.0.48da51t7 JAConY CONSTRUCTION,LP PCCO #004 JaCody Construction,LP Project:1087-Brazos Co.Exterior Access Stairs 10770 Hwy 30 300 E 26th Street College Station,Texas 77845 Bryan,Texas 77803 Phone:(979)774-5613 Fax:(979)774-5693 Prime Contract Change Order#004: Contingency Reconciliation TO: Brazos County FROM: JaCody Construction,LP 200 South Texas Ave,Ste 352 JaCody Construction,LP 10770 State Bryan,Texas 77803, Highway 30 Suite 400 College Station,Texas 77845 DATE CREATED: 10/16/2024 CREATED BY: Jeff Day(JaCody Construction,LP) CONTRACT STATUS: Pending-In Review REVISION: 0 DESIGNATED REVIEWER: REVIEWED BY: DUE DATE: 1012312024 REVIEW DATE: INVOICED DATE: • PAID DATE: SCHEDULE IMPACT: 0 days EXECUTED: No REVISED SUBSTANTIAL SIGNED CHANGE ORDER COMPLETION DATE: I RECEIVED DATE: CONTRACT FOR: 1:Brazos County Exterior Access Stairs TOTAL AMOUNT: ($12,615.00) DESCRIPTION: CE 4009-Contingency Reconciliation Credit for unused contingency funds. ATTACHMENTS: POTENTIAL CHANGE ORDERS IN THIS CHANGE ORDER: PCO# TItIe; Schedule Impact Amount 004 Contingency Reconciliation 0 days ($12,615.00) Total: ($12,615.00) { CHANGE ORDER LINE ITEMS: PCO#004:Contingency Reconciliation Budget Code Description Amount 1 01-2131.0 Owner Contingency j Contingency Reconciliation $(12,615.00) Grand Total: $(12,615.00) The original(Contract Sum) $451,680.00 Net change by previously authorized Change Orders $0.00 The contract sum prior to this Change Order was $451,680.00 The contract sum would be changed by this Change Order in the amount of ($12,615.00) The new contract sum including this Change Order will be $439,065.00 The contract time will not be changed by this Change Order. Zack Morris(Burdltt Consultants) Brazos County JaCody Construction,LP 105 N.Main St.,Ste.123 200 South Texas Ave,Ste 352 JaCody Construction,LP 10770 State Highway 30 Suite 400 Bryan,Texas 77803 Bryan,Texas 77803 College Station,Texas 77845 _ I 10/16/ f< 10/16/24 DATE SIGNATURE c�►, AT SI�E DATE JaCody Construction,LP Page 1 of 1 Printed On:10/16/2024 11:37 AM CONSTRUCTION CONTRACT AGREEMENT FOR BRAZOS COUNTY EXTERIOR ACCESS STAIRS RFP # CIP 24-513 BRAZOS COUNTY, TEXAS Agreement for Construction—Exterior Access Stairs RFP CIP 24-513 Page 1 I ' TABLE OF ARTICLES 1. General Provisions 2. Owner , • 3. Contractor 4. Administration of the Contract 5. Subcontractors I 6. Construction by Owner or by Separate Contractors 7. Changes in the Work 8. Time 9. Payments and Completion 10. Protection of Persons and Property 11. Insurance and Bonds 12. Uncovering and Correction of Work 13. Miscellaneous Provisions 14. Termination or Suspension of the Contract 15. Access to the Work 16. Standards 17. Prohibition against personal interest in the Contract 18. Prevailing Wage Rates 19. Authority to Contract Agreement for Construction—Exterior Acce jS Stairs RFP CIP 24-513 Page 2 AGREEMENT FOR CONSTRUCTION OF BRAZOS COUNTY EXTERIOR ACCESS STAIRS This Agreement for the construction of the EXTERIOR ACCESS STAIRS, Brazos County, Texas, in the amount of FOUR HUNDRED, FIFTY ONE THOUSAND, SIX HUNDRED, AND EIGHTY DOLLARS ($451,680.00) is entered into this 9 day of January 2024 by and between BRAZOS COUNTY, TEXAS (hereafter referred to as "Owner"), 200 South Texas Ave., Suite 352, Bryan, Texas 77803, and JACODY CONSTRUCTION, LP(hereinafter referred to as "Contractor"). The EXTERIOR ACESS STAIRS is hereinafter referred to as the "Project." The Architect for the Project is the firm of BURDITT CONSULTANTS, LLC and is hereinafter referred to as "Architect." ARTICLE 1 GENERAL PROVISIONS 1.1. BASIC DEFINITIONS 1.1.1 THE COMPLETE CONTRACT DOCUMENTS: The complete Contract Documents ("Contract Documents") consist of the Agreement between Owner and Contractor (hereinafter the "Agreement"), Conditions of the Contract (General, Supplementary and other Conditions), all documents included in RFP #CIP 24-513 and the Drawings, Project Manual, and Bid Specifications, as well as Addenda issued prior to execution of the Contract, other documents listed in the Agreement and Modifications issued after execution of the Contract. A Modification is: (1) a written amendment to the Contract signed by both parties; (2) a Change Order or Change Proposal Request; (3) a Construction Change Directive, or(4) a clarification, interpretation or written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include other documents such as bidding requirements (advertisement or invitation to bid, Instructions to Bidders, sample forms or portions of addenda relating to bidding requirements). The Contract Documents executed in accordance with Sub-paragraph 1.5.1. shall prevail in case of an inconsistency with subsequent versions made through manipulatable electronic operations involving computers. 1.1.2 THE CONTRACT: The Contract Documents form the Contract for Construction ("Contract"). The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Contractor and Architect or Architect's consultants; (2) between the Owner and a Subcontractor or Sub—subcontractor, or (3) between any persons or entities other than the Owner and Contractor. The Architect shall, however, with the consent Of Owner, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. 1.1.3 THE WORK: The term "Work" means the construction and services required by the Contract, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill Agreement for Construction—Exterior Access Stairs RFP CIP 24-513 Page 3 • the Contractor's obligations. The Work may constitute the whole or a part of the Project. Although. not indicated, "Work" includes providing supplementary or miscellaneous items, appurtenances and devices incidental to or necessary for a sound, secure, complete and functional installation. 1.1.4 THE PROJECT: The Project is the rehabilitation of the EXTERIOR ACESS STAIRS in Brazos County, Texas as specified in the Contract Documents. The Project may include construction by the Owner or by separate contractors. 1.1.4.1 SUMMARY OF THE WORK: This project consists of the fabrication and installation of self-supporting roof access stairs at three (3) Brazos County Building locations. The buildings are: 1. The Brazos Center, located at 3232 Briarcrest Drive, Bryan, Texas 77802; 2. The Brazos County Health District, located at 201 North Texas Avenue, Bryan Texas 77803; and 3. The Brazos County Juvenile Justice Center, located at 1904 West State Highway 21, Bryan,Texas 77803. Each roof access stair will be shop fabricated and assembled on site. Each stair will have a davit crane for loading and unloading equipment, tools, or vehicles onto the roof from the ground level. Each stair will also have a security gate at the base that will be accessible only to Brazos County staff. 1.1.5 THE DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. 1.1.6 THE SPECIFICATIONS:. The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, and performance of related services. 1.1.7 THE PROJECT MANUAL: The Project Manual is the volume usually assembled for the Work that may include the bidding requirements, sample forms, this Agreement, Supplementary Conditions of the Contract and Specifications. 1.1.8 GENERAL DEFINITIONS: Construction industry technical terms not defined in the Contract Documents shall have the meanings given as listed in the latest edition of the MA "Glossary of Construction Industry Terms." Those not specifically defined at either place shall have the meanings commonly attributed to them by the particular trade involved. .1 Provide: shall be understood to mean: "Furnishing of all labor, materials, equipment, transportation, and services referred to and installation of the materials, equipment, and other items referred to, all in compliance with the requirement of the Contract Documents and applicable Federal, State, and local laws and ordinances as well as requirements of Federal, State, and local authorities having jurisdiction at the site of the Work." .2 Required: shall be understood to refer to the requirements of the contract Documents unless its use. in a sentence clearly implies a different interpretation. Agreement for Construction—Exterior Access Stairs RFP CEP 24-513 Page 4 .3 Where "as shown," "as indicated," "as noted," and similar terms are used, it shall be understood that reference to the Contract Drawings is made, unless their use in a sentence clearly implies a different interpretation. .4 Where the terms "Plans" or "Drawings" are used, they shall be understood to include drawings, details and schedules as applicable. .5 Construction Time: the number of calendar days required to perform the work. Refer to Sections 8.1.1 and 8.1.2. .6 Day: A calendar day beginning and ending at 12:00 midnight. .7 Equal; approved equal; Architect approved; acceptable; approved; satisfactory; required; directed; instructed: Such terms and related phrases shall relate to the opinions and interpretations of the Contract Documents by the Architect, unless otherwise stated, and shall be limited in authority and responsibility as defined under this Agreement and the contract between the Architect and Owner. .8 Date of Final Completion: The date when Architect and Owner find all the work of the Contract documents acceptable and the Contract fully performed. .9 Occurrence: Is defined as follows for purpose of insurance — An event which occurs during the policy period, or a continuous or repeated exposure to conditions which result, during the policy period in bodily injury,sickness or disease, or injury to or destruction of property, excluding injuries or deaths of one or more persons or organizations, including the loss of use thereof, resulting from a common cause or from exposure to substantially the same general condition.existing at or emanating from each location shall be deemed to result from one occurrence. .10 Not—In—Contract(N.I.C.): Work not included in this Contract. .11 And/or: Shall mean both "and" and "or" and shall be enforceable by Owner when read in either manner. .12 General Contractor: Same as Contractor. .13 Material Man; Material Supplier: Anyone that supplies material only and does not perform any labor at the site of the work. .14 Timely Change: A change in the work that can be arranged before the particular item of work has required the expenditure of any non— recoverable costs by the Contractor and/or subcontractors. .15 Late Change: A change in the work that cannot be performed before the particular item of work that requires the expenditure of some non— recoverable cost after shop drawings, samples and/or schedules related to the change have been reviewed and found acceptable. Agreement for Construction—Exterior Access Stairs RFP CIP 24-513 Page 5 .16 Prompt: Promptly and similar terms shall be held to refer to a time period of not less one week or more than two weeks. .17 Addendum: A change to the Construction Documents (General Documents, Specifications, and Drawings) issued prior to the execution of the Agreement. .18 Agreement/Contract:Agreement/Contract means the same and are used interchangeably throughout this document. This Agreement/Contract is the signed agreement between Owner and Contractor for the performance of the Work. .19 Critical Path: The project's tasks that will cause the project end date to be delayed if they are delayed. The word "critical" does not imply how important a task is; a task is critical solely because it must occur as scheduled for the project to finish on time. .20 Furnish: Unless specifically limited in context, the word "furnish" and any derivatives thereof mean: deliver indicated items, materials, equipment, apparatus, appurtenances and all items necessary for a complete and proper installation to Project site and stored in secure locations. .21 Install: "Install" and any derivatives thereof mean; incorporated indicated items, materials, equipment, apparatus, appurtenances and all items necessary for the Work including all necessary labor, materials and connections to perform a properly and complete installation ready for operation of use, including but not limited to unpacking and assembly, if necessary. .22 The Contractor Shall: In the interest of conciseness; sentences, statements and clauses may be verb phrases with expressed verbs such as "furnish," "install," "provide," "construct," "erect," "comply," "apply," "submit," etc. Any such sentences, statements and clauses are to 'be interpreted to include the applicable form of the phrase"the Contract shall" preceding the expressed verb,with the requirements described interpreted as mandatory elements of the Contract. .23 Evaluation: "Evaluation" and any derivative thereof, as used in reference to Architect mean; to become generally familiar with the progress and quality of the portion of Work completed to determine in general if it is being performed in a manner indicating that the Work when completed may be occupied or utilized by the Owner for its intended use. Such evaluations shall be based on what is plainly visible at the construction site during periodic.visits to the Project, and without the removal of material or other Work that is in place. .24 Inspect: "Inspect" and any derivative thereof, as used in reference to the Architect shall mean; Type of evaluation that a reasonably prudent Architect, in the exercise of ordinary care, would make to determine if the Agreement for Construction—Exterior Access Stairs RFP CIP 24-513 Page 6 Work is in general accordance with the Contract Documents; they are not "inspections" as would necessarily disclose a defect. .25 See: In the interest of conciseness, references to specification sections and details are preceded by the word "see." Any such references are to be interpreted to include applicable form of phrase "...and comply with." 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS 1.2.1. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them. 1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed, nor limit the scope of work performed by any trade or by any Sub-contractor or supplier. 1.2.3. Unless otherwise stated in the Contract Documents, words which have well— known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4. General Conditions and Supplementary Condition and General Requirements apply to all of the Contract Documents. 1.2.5 Precedence of the Contract Documents: The most recently issued Document takes precedence over previous issues of the same Document. The order of precedence is as follows with the highest authority listed as "A." A. Modifications, Change Orders or a Change Proposal Request B. This Agreement, including the General Conditions stated herein. C. Addenda D. Supplementary Conditions E. Specifications and Drawings. In the case of an inconsistency between Drawing and specifications or within either document,the better quality and the greater quantity of work shall be provided unless otherwise directed by Architect. 1.2.6 Current Editions: When any work is governed by reference to standard, codes, manufacturer's instructions or other reference documents, the latest issue in effect on the original issue date of the Construction Documents shall apply whether or not the proper edition is noted. 1.2.7 Enumeration of Items: Lists of"work included,""work excluded" and"description of the work" and similar groupings are not intended to enumerate each and every item of work or appurtenance required therein but shall be used in conjunction with all other portions of the Contract Documents to establish the requirements for completion of the Work or any portions thereof. 1.2.8 Reference Guarantees: When reference standards are made a part of the Agreement for Construction—Exterior Access Stairs RFP CIF 24-513 Page 7 requirements, the warranties and guarantees they contain shall apply, except for the portions that are less stringent than those required by the Contract Documents or imply or state exclusions, limitations or waivers that are inconsistent with the requirements of the Contract Documents. 1.3 CAPITALIZATION 1.3.1 Terms capitalized in these General Conditions include those which are: (I) specifically defined; (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and Clauses in the document, or (3) the titles of other documents published by the American Institute of Architects. 1.4 INTERPRETATION 1.4.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. 1.5 EXECUTION OF CONTRACT DOCUMENTS 1.5.1 The Contract Documents shall be enumerated on attachment(s)to the Agreement and attachments(s) shall be signed by the Owner and Contractor as provided in the Agreement. 1.5.2 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the work is to be performed and correlated personal observations with requirements of the Contract Documents. Contractor shall verify the location of all easements before beginning the project. 1.6 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS,SPECIFICATIONS,AND OTHER DOCUMENTS: 1.6.1. The Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and/or Architect's consultants are Instruments of the Architect's service through which the Work to be executed by the Contractor is described. The Contractor may retain one contract record set. Neither the Contractor, nor any Subcontractor, Sub—subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect or the Architect's consultants shall be deemed the author of them and will retain all common law, statutory, and other reserved rights, in addition to the copyright, unless indicated differently in the Owner—Architect Agreement. The Drawings, Specifications and other documents prepared by the Architect, and copies thereof furnished to the Contractor,are for use solely with respect to this Project. They are not to be used by the Contractor or any Subcontractor, Sub—subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the work without the specific written consent of the Owner, Architect and/or Architect's consultants. The Contractor, Subcontractors, Sub—subcontractors, and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications, and other documents prepared by the Architect and/or Architect's consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this license shall bear the statutory copyright notice,if any, shown Agreement for Construction—Exterior Access Stairs RFP CIP 24-513 Page 8 PCL XL error Subsystem: KERNEL Error: InsufficientMemory Operator: Readlmage Position: 47762 Personnel Action Forms Department.Name Employee Name Brazos Center Bethel!,Haley Constable Precinct 3-Administration Corwin,Richard Jr. Constable Precinct 3-Administration Giordano,Christopher Constable Precinct 3-Administration Jones,Kimberly County Agriculture Extension-Administration Montoya,Kellie Court Support-Criminal Bailey,Stephanie District Attorney Larsen,Tiffany Human Resources-Administration Doucet,Paula Human Resources-Administration McConathy,Raeanna Juvenile Services-Administration Court Estep,Kendra Juvenile Services-Administration Court Kasberg;Stacey Juvenile Services-Detention Daily,Apollos Metropolitan Planning-Administration Rudge,Daniel Tax Assessor-Collector-Administration Harris,Sireesha TJJD-SA Commitment Diversion-Community Based Barnes,Trenise Approved in Commissioners' Court: 10-22-2024 County Judge's or Commissioner's Signature: ain,. A) 43.,7