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HomeMy WebLinkAbout2024/12/17 Regular Session 10:00AM If , F.y rr x MINUTES DECEMBER 17, 2024 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, December 17, 2024 with the following members of the Court present: Duane Peters, County Judge, Presiding; Steve Aldrich, Commissioner of Precinct 1; Chuck Konderla, Commissioner of Precinct 2,Absent; Nancy Berry, Commissioner of Precinct 3; Wanda J. Watson, Commissioner of Precinct 4, Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag - Commissioner Aldrich 2. Call for Citizen input and/or concerns Jody Quimby expressed his opposition to the East Loop project. He believes the 1-14 project will alleviate the traffic concerns, making the East Loop project unnecessary. Mr. Quimby stated the East Loop is primarily for economic development. Cathie Viens also spoke about her concerns on the East Loop project. She stated that this project will not affect her personal property, but she believes it could impact the community negatively. She thanked the Court for their service and encouraged them to remember that they are here to serve the best interest of the community, and economic development is not always the number one priority. Consider and take action on agenda items: 3 -22 3. Approval of the following reappointments to the Brazos Valley Groundwater Conservation District. Term of reappointments will be January 1, 2025 - December 31, 2028. • a. Jayson Barfknecht, representing the City of Bryan • b. Stephen Cast, representing Rural Water Supply entities The Court approved as submitted the list of reappointments to the Brazos Valley Groundwater Conservation District. The term of appointment is January 1, 2025 - December 31, 2028.A copy is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 4. Approval of the following Job Descriptions: • a. Commissioner's Court- B0116 -Administrative Assistant • b. Commissioner's Court- B0110 - Executive Assistant A copy of the job descriptions is attached. Motion:Approve, Moved by Commissioner Wanda J. Watson, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 5. Approval of the following Official Public Bonds: • a. County Treasurer- Cristian Villarreal • b. County Tax Assessor-/Collector- Melissa Leonard • c. County Commissioner, Pct. 3 - Frederick Brown • d. County Sheriff-Wayne Dicky The following official bonds were approved: Cristian Villarreal - County Treasurer Melissa Leonard - County Tax Assessor/Collector Frederick Brown- County Commissioner, Pct. 3 Wayne Dicky- County Sheriff Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 6. Request from Human Resources to write off outstanding account receivables in the amount of$923.82. This amount is believed to be uncollectible. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 7. Acceptance of the Statement of Award for the State and Local Cybersecurity Grant Program. The total project cost is $74,546.40 with $16,206.00 required match. Cathie Viens asked for clarification on the Grant. Chief Information Security Officer, Kevin Joyner, explained the Grants requirements and service that it provides. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 8. Approval of the Chapter 312 Economic Development Agreement with Honeywell International, Inc. A copy of the agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters,Watson. Absent: Konderla. 9. Approval of Contract with Rosenbaum-Schoenvogel Investments, LP for the purchase of real property in the amount of$2,230,000.00. Judge Peters stated the Court could take a motion and a second but would not vote on the item until after the Executive Session, to give Mr. Quimby a chance to comment on the item. Commissioner Aldrich questioned the procedure of the motion and second at this time. Commissioner Berry then moved to table this item until after the Executive Session. The motion to table the item was seconded by Commissioner Watson and was approved unanimously. Motion: Table, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. Having returned from the Closed Executive Session, Commissioner Berry offered a motion to remove the table and approve the contract with Rosenbaum-Schoenvogel Investments, LP. The motion was seconded by Commissioner Aldrich. Judge Peters explained the property where the current Emergency Communications District-911 building is located has outgrown their space. They have been located at that property since 1988 and have been looking for five years for a larger location. Judge Peters said the the contract will allow them 90 days to fully vet the location to ensure it is a suitable for the department's needs. Mr. Quimby asked about the location of the property, to which Judge Peters replied that it is located on Kent Street. Cathie Viens requested clarification on the need for the County to purchase additional property. Judge Peters reiterated that the Emergency Communications District-911 has outgrown their current building and have been looking into a new suitable location for the last five years. The Court then proceeded to vote on the item and it passed unanimously. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed.4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 10. Approval of Amendment to Contract#21-048 Elevator Maintenance with Kone, Inc. to increase pricing and exercise renewal of an additional year. A copy of the amendment is attached. Motion:Approve, Moved by Commissioner Nancy.Berry, Seconded by Commissioner Steve Aldrich. Passed.4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 11. Approval of Contract#25-081 Scanner Maintenance with Cummins Allison Corp. A copy of the contract is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 12. Approval of Agreement#25-087 for Housing Services with Father Flanagan's Boys' Home for Juvenile. A copy of the agreement is attached. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 13. Approval of the following committee for RFQ CI P#25-529 Architect for Ashford Hills Warehouse and Office Suites. • a. Trevor Lansdown • b. Trudy Hancock • c. Desmond Harris • d. Legal (non-voting) • e. Purchasing (non-voting) Jody Quimby asked what the committees for agenda item numbers 13 and 14 are being formed for. Judge Peters explained that there is property the County is considering for a County storage warehouse. These committees will be looking into the details to see if this property would best meet the needs of the County. Mr. Quimby asked that the Court consider going back to competitive bidding as opposed to the Construction Manager at Risk, giving smaller locally owned construction companies an opportunity to work with the County as he believes it's a better value for the County. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 14. Approval of the following committee for RFQ CI P#25-562 Construction Manager at Risk for Ashford Hills Warehouse and Office Suites. • a. Trevor Lansdown • b. Trudy Hancock • c. Desmond Harris • d. Legal (non-voting) • e. Purchasing (non-voting) Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 15. Approval of the Final Plat of South Six Business Park along with a request for variance pertaining to County Regulations for Construction of Driveways/Culverts in County Easements and Rights of Ways, Section 4.A.1.h, location of driveway facilities; 17 Lots, 20.902 Acres;Andrew Millican Survey,A-39; Brazos County, Texas. Site is located in Precinct 1. Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner Nancy Berry. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 16. Approval of the Treasurer's Report for September 2024 & Quarter Ending September 30, 2024. The Court acknowledged receipt of and ordered filed as submitted the Treasurer's Quarterly Investment Report ending September 30, 2024.A copy is attached and made a part of these minutes. Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes: Aldrich, Berry, Peters, Watson. Absent: Konderla. 17. Tax Refund Applications for the following: Overpayments • a. Tire Center of Bryan-$180.00 • b. Digital Cinema Distribution-$82.12 • c. Doris Helen Price -$10.00 • d. Cheryl Munoz-$10.64 Payment in Error • e. Allan & Dana Mandell -$6,030.12 Motion:Approve, Moved by Commissioner.Nancy Berry, Seconded by Commissioner Steve Aldrich. Passed. 3-0. Ayes:Aldrich, Berry, Watson. Absent: Konderla. 18. Budget Amendments. • FY24/25 Budget Amendments 11.01 - 11.04 11.01 To recognize a donation from the Alamo Letter Society. 11.02 Reallocate funds for American Plan Rescue Act. 11.03 Transfer of funds from Contingency to Capital. 11.04 Transfer of funds from Contingency to Sheriff's Office. Motion:Approve, Moved by Commissioner Nancy Beny, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 19. 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 Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 20. Payment of Claims. Approval of Payment of Claims • a. 8206877 -8207043 • b. 9203046 -9203105 Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner Wanda J. Watson. Passed. 4-0. Ayes:Aldrich, Berry, Peters, Watson. Absent: Konderla. 21. Convene into Executive Session pursuant to Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. At this point, the County Judge announced the Court would consider items 23 through 26 and then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:34 a.m. the County Judge stated that the Court would convene into Executive Session to deliberate pursuant to Section 551.072 as stated above. The following individuals were asked to stay for the session: Cheryl Coffman, Executive Assistant Ed Bull, Chief of Staff/Civil Counsel Bruce Erratt, General Counsel Allison Lindblade,Assistant General Counsel Nina Payne, Budget Office Charles Wendt, Purchasing Agent Patrick Corley, Brazos County Emergency Communications District Executive Director Laura Blackburn, Brazos County Emergency Communications District Associate Director 22. Consider and possible action on Executive Session. At 10:57 a.m. the County Judge announced the meeting open to the public and stated the Court would return to agenda item number 9 for action. 23. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of December 11, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of December 11, 2024. The Court acknowledged receipt of the 2024-2025 Budget to Actuals by Fund and Contingency Fund Budget to Actuals as of December 11, 2024. 24. Juvenile director's report on detention population. Judge Peters reported for Juvenile Director Linda Ricketson, there are 28 juveniles in the detention center, 22 are male, 6 are female, and 39 have electronic monitors. 25. Sheriff's report on inmate population. Sheriff Wayne Dicky reported there were 740 inmates in jail, 620 inmates are male, 120 are female, and 32 have electronic monitors. 26. Announcement of interest items and possible future agenda topics. Commissioners Court will be canceled for the week of December 23-27, 2024 in observance of the Christmas holidays. The next Regular meeting for Commissioners Court will be Tuesday, December 31, 2024. Commissioner Berry wished everyone a Merry Christmas, Happy Hanukkah and Happy Holidays. Commissioner Watson gave a brief update on the Southgate Apartment complex, the residents do finally have water, but it is still under renovation. She encouraged the community to continue to pray for the residents and help were you can. Judge Peters announced the Groundbreaking of the Medical Examiners Office today at 1:30 p.m. 27. Adjourn. doe ef, C7 d a .I RI stV? 2024 DEC 13 P 12: 2 3 -y. 5., 4 YQ - 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 DECEMBER 17, 2024 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803 THE PUBLIC MAY WATCH THE MEETING LIVE ON THE BRAZOS COUNTY COMMISSIONERS COURT YOUTUBE CHANNEL AT: HTTPS://VVWW.YOUTUBE.COM/@BRAZOS000NTY3227. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag -Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -22 3. Approval of the following reappointments to the Brazos Valley Groundwater Conservation District. Term of reappointments will be January 1, 2025- December 31, 2028. • a. Jayson Barfknecht, representing the City of Bryan • b. Stephen Cast, representing Rural Water Supply entities 4. Approval of the following Job Descriptions: • a. Commissioner's Court-B0116-Administrative Assistant • b. Commissioner's Court- B0110 -Executive Assistant 5. Approval of the following Official Public Bonds: • a. County Treasurer- Cristian Villarreal • b. County Tax Assessor-/Collector- Melissa Leonard • c. County Commissioner, Pct. 3- Frederick Brown • d. County Sheriff-Wayne Dicky 6. Request from Human Resources to write off outstanding account receivables in the '•: 1 F or(0", ., •* --. ;nl . 11 - • O � �O• ti ' "?? of 4:' The foregoing minutes of the Commissioners Court Meeting held December 17, 2024, have been examined and are approved in open Court this 7th day of January 2025, in Bryan, Brazos County, Texas. sC _),...A.__ L----....._44. /,- Duane Peters Be tley Nett County Judge Commissioner, Precinct 1 .." --....------------------------------ ...• : ---. .. Cliii: —.1/4-A-2-0- 11(14---- Chuck Konderla Fred Brown Commissioner, Precinct 2 Commissioner, Precinct 3 01 ,,,,, Wanda J. atson Commissioner P, cinct 4 Attest: / -._//k Karen McQueen County Clerk 3 Q $k 7 A P- 202 DEC 13 P 12: 23 64, * , 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 DECEMBER 17, 2024 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY ADMINISTRATION BUILDING, 200 S. TEXAS AVENUE, SUITE 106, BRYAN, TX 77803 THE PUBLIC MAY WATCH THE MEETING LIVE ON THE BRAZOS COUNTY COMMISSIONERS COURT YOUTUBE CHANNEL AT: HTTPS:/IWWW.YOUTUBE.COM/@BRAZOSCOUNTY3227. 1. Invocation and Pledge of Allegiance • U.S. and Texas Flag -Commissioner Aldrich 2. Call for Citizen input and/or concerns Consider and take action on agenda items: 3 -22 3. Approval of the following reappointments to the Brazos Valley Groundwater Conservation District. Term of reappointments will be January 1, 2025- December 31, 2028. • a. Jayson Barfknecht, representing the City of Bryan • b. Stephen Cast, representing Rural Water Supply entities 4. Approval of the following Job Descriptions: • a. Commissioner's Court- B0116 -Administrative Assistant • b. Commissioner's Court- B0110- Executive Assistant 5. Approval of the following Official Public Bonds: • a. County Treasurer-Cristian Villarreal o b. County Tax Assessor-/Collector- Melissa Leonard • c. County Commissioner, Pct. 3- Frederick Brown o d. County Sheriff-Wayne Dicky 6. Request from Human Resources to write off outstanding account receivables in the amount of$923.82. This amount is believed to be uncollectible. 7. Acceptance of the Statement of Award for the State and Local Cybersecurity Grant Program. The total project cost is$74,546.40 with $16,206.00 required match. 8. Approval of the Chapter 312 Economic Development Agreement with Honeywell International, Inc. 9. Approval of Contract with Rosenbaum-Schoenvogel Investments, LP for the purchase of real property in the amount of$2,230,000.00. 10. Approval of Amendment to Contract#21-048 Elevator Maintenance with Kone, Inc.to increase pricing and exercise renewal of an additional year. 11. Approval of Contract#25-081 Scanner Maintenance with Cummins Allison Corp. 12. Approval of Agreement#25-087 for Housing Services with Father Flanagan's Boys' Home for Juvenile. 13. Approval of the following committee for RFQ CI P#25-529 Architect for Ashford Hills Warehouse and Office Suites. o a. Trevor Lansdown O b. Trudy Hancock o c. Desmond Harris O d. Legal (non-voting) O e. Purchasing (non-voting) 14. Approval of the following committee for RFQ CI P#25-562 Construction Manager at Risk for Ashford Hills Warehouse and Office Suites. O a. Trevor Lansdown o b. Trudy Hancock O c. Desmond Harris o d. Legal (non-voting) O e. Purchasing (non-voting) 15. Approval of the Final Plat of South Six Business Park along with a request for variance pertaining to County Regulations for Construction of Driveways/Culverts in County Easements and Rights of Ways, Section 4.A.1.h, location of driveway facilities; 17 Lots, 20.902 Acres;Andrew Millican Survey,A-39; Brazos County, Texas. Site is located in Precinct 1. 16. Approval of the Treasurer's Report for September 2024 & Quarter Ending 09/30/2024. 17. Tax Refund Applications for the following: Overpayments O a. Tire Center of Bryan-$180.00 o b. Digital Cinema Distribution-$82.12 o c. Doris Helen Price-$10.00 ® d. Cheryl Munoz-$10.64 Payment in Error ® e. Allan & Dana Mandell -$6,030.12 18. Budget Amendments. O FY24/25 Budget Amendments 11.01 - 11.04 19. Personnel Change of Status. ® Approval of Personnel Change of Status 20. Payment of Claims. Approval of Payment of Claims ® a. 8206877 -8207043 ® b.9203046 -9203105 21. Convene into Executive Session pursuant to Texas Government Code §551.072 to deliberate the purchase, exchange, lease, or value of real property. 22. Consider and possible action on Executive Session.. 23. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of December 11, 2024. Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of December 11, 2024. 24. Juvenile director's report on detention population. 25. Sheriff's report on inmate population. 26. Announcement of interest items and possible future agenda topics. Commissioners Court will be canceled for the week of December 23-27, 2024 in observance of the Christmas holidays. The next Regular meeting for Commissioners Court will be Tuesday, December 31, 2024. 27. 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. Public participation sign-up sheets must be submitted at least five(5)minutes prior to the start of the posted meeting time. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court,with both judicial and legislative powers,created under Article V, Section 1 and Section 18 of the Texas Constitution.As a Constitutional Court,the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code.Accordingly, members of the public in attendance at any Regular,Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to,and/or addressing the Court; in participating in public discussions before the Court;and in all actions in the presence of the Court.Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group.Neither is it the intention of the Court to allow a member(or members)of the public to insult the honesty and/or integrity of the Court,as a body,or any member or members of the Court,or County employees,individually or collectively.Accordingly, profane,insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated.Violation of these rules may result in the following sanctions: 1.cancellation of a speaker's time; 2.removal from the Commissioners Court; 3.a Contempt Citation;and/or 4.such other and/or criminal sanctions as may be authorized under the Constitution,Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting.During the public comment period,speakers may address matters not listed on the published agenda.The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public.To ensure the public has notice of all matters the Commissioners Court will consider,the County Judge and/or Commissioners may choose not to respond to public comments,except to correct factual inaccuracies,recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda.See Texas Open Meetings Act Section 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court.The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the Brazos County Administration Building,200 S.Texas Avenue,Suite 106, Bryan,TX 77803 is wheelchair accessible.Handicap parking spaces are available.Any request for sign interpretive services must be made two working days before the meeting.To make arrangements,please call(979)361-4102. 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'S *1:7%. i.* ' V1> * spy OF 134, BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Jayson Barfknecht to the Brazos Valley Groundwater Conservation District Term of appointment is January 1,2025 I - : ber 31,2028 11111 •T Duane Peters Date County Judge Brazos County Administration Bldg. • 200 S.Texas Ave. • Suite 332 • Bryan,Texas 77803 •Fax:(979)361-4503 .to�NT E Op r4.. . ." \t?...' IV ‘‘ )1. )tA : •)k( • ...---- y *i ... (-= '\ - ... , .304 / TYOFBg BRAZOS COUNTY BRYAN, TEXAS REAPPOINTMENT The Commissioners Court of Brazos County does hereby approve the appointment of Stephen Cast to the Brazos Valley Groundwater Conservation District Term of appointment is January 1,2025—December 31,2028 cep...),..C..)4L--/A///4-Li Doane Peters Date County Judge BrazosCountyAdministration Bldg. • 200 S.Texas Ave. • Suite 332 • Bryan,Texas 77803. •Fax:(979)361-4503 .ram TAi Brazos County Template Revision 1.20011512012 ;4 .toy Job Description '--7:)., opa�v,'.: Last Updated: December 2024 Class Number: 60111 Title: Executive Assistant Pay Group: 27, Department: Commissioners Court FLSA Status: Exempt Reports To: Commissioners Court Approved Date: 12/17/2024 EEOC Category: Professional General Summary: Performs administrative duties for the Commissioners Court, including overseeing projects, responding to questions from county departments and the general public, preparing correspondence, preparing minutes for the commissioners court meetings and various other meetings, assists with budgetary functions, coordinates all meetings, boards, conferences, travel attended by commissioners. Essential Duties: Attends, records and prepares minutes for all Commissioner Court meetings including Workshops, Special Sessions, Public Hearings, Budget Hearings and Executive Session meetings; Provides reference assistance for files and prepares documents for Commissioner meetings; Manages minutes software system and recording system for meetings; Serves as recording secretary for the Juvenile Board and Public Defender's Oversight Board; Assigned to serve as secretary to the Commissioners Court and in that capacity may be asked to attend corporation, board or committee meetings to take notes, prepare agendas and minutes and legal documents; Responsible for maintaining budgets, financial documents and the processing of invoices for multiple accounts; Establishes and maintains official documents and records in appropriate files; Receives individuals and organizational representatives for Commissioners, attempts to resolve any problems or complaints, and gathers information for Commissioners; Drafts and prepares correspondence for Commissioners Court; sends information to county departments and outside agencies on behalf of the Commissioners Court as needed; Performs special projects and conducts research and analysis for the Commissioners Court as assigned; Prepares required notices for public meetings including those setting tax rates; Works with Community Agencies, prepares contracts, monitors reports, and implements funding to agencies; Drafts various documents, including forms,-legal documents, correspondence and orders; Coordinates and plans functions hosted by the Commissioners Court; Works closely with County Judge's support staff to coordinate meetings; Supervises the support staff of the Commissioners Court; APPRO- D Assists General Counsel with administrative and filing duties; iLza, Responsible for making decisions and handling all situations wh - Duane Peters Other Duties as assigned. County J71rtge ate Supervision Received: Commissioners Court Given: Supervises support personnel including assigning and reviewing work and recommending and executing personnel actions. Education Required: High school graduation or its equivalent. Preferred: Experience Required: At least five years of experience; or any equivalent combination of education and experience that provides the required knowledge, skills and abilities. Preferred: Certificates, Licenses, Registrations Required: Preferred: Physical Demands —The The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to type; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 20 pounds, such as computers, printers, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: Knowledge of Federal, state and local laws, or the ability to research read and comprehend the law; basic bookkeeping skills, standard office practices and Brazos County policies and procedures; the ability to perform basic mathematical calculations; perform data entry; and provide effective customer service; establish and maintain effective working relationships with county employees, elected officials, the media, and representatives from other governmental entities; must be able to use discretion in dealing with confidential or potentially, confidential materials or information; must operate computers; including word processing and spreadsheet software and other computer programs necessary for the operation of county business; must be able to perform multiple tasks simultaneously. Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform multiple tasks simultaneously, and to switch from one task to another. The employee is occasionally required to perform tedious and exacting work, and to work under time pressures to meet deadlines. .'ON Of , Brazos County Template Revision 12 06/1512012 .•1 . y Job Description irka'!.. Last Updated: December 2024 r of u... Class Number: B0116 Title: Administrative Assistant Pay Group: 19 Department: Commissioners Court FLSA Status: Non-Exempt Reports To: Executive Assistant Approved Date: 12/17/2024 EEOC Category: Administrative Support General Summary:. Provides administrative assistance to the County Commissioners and the Executive Assistant in their daily duties. Performs clerical duties which include but not limited to scheduling, greeting guests, assisting citizens,answering phone calls, and drafting various documents.Attends Commissioner Court and various other meetings and takes notes and prepares legal minutes Essential Duties: Preforms multifaceted general office support and secretarial duties for the Commissioners Court and Executive Assistant to include scheduling appointments, answering phones,taking messages, and greeting the public. Maintains inventory of departmental supplies and equipment. Attends Commissioners Court, corporation, board and committee meetings and prepares meeting minutes. Takes the legal minutes and manages the recording software for all Open Meetings involving the Commissioners Court. Drafts various documents, including forms, legal documents, applications, minutes, and correspondence for County Commissioners. Establishes and maintains official documents and records in appropriate files in Laserfiche. Assists with implementing purchase orders, invoices and contracts. Assists General Counsel with legal research, correspondence and general clerical duties as needed. Attends conferences and trainings as needed. Must be able to multitask, maintain confidentiality and have effective working relationships with co-workers. Other Duties as assigned. Supervision Received: Executive Assistant Given: This is a non-supervisory position. Education Required: High school graduation or its equivalent. Preferred: N/A Experience Required: At least five years of experience; or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities Preferred: N/A APPRO Certificates, Licenses, Registrations Required: N/A. Duane Peters -ate Preferred: N/A County Judge Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be.made to enable individuals with disabilities to perform the essential functions.While performing the duties of this job, the employee is regularly required to sit; use hands to type; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and/or move objects weighing up to 20 pounds, such as computers, printers, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. Knowledge, Skills, & Abilities Typical: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Standard office practices and procedures, and bookkeeping procedures. Operate computers, including word processing software; read and interpret manuals and memos; perform math to balance accounts; write letters, memos, and telephone messages; manage time effectively; understand and follow instructions; operate standard office equipment, such as copy machine and facsimile machine; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. 1 Work Environment Typical: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; to perform multiple tasks simultaneously, and to switch from one task to another. The employee is occasionally required to perform tedious and exacting work, and to work under time pressures to meet deadlines. • 17J13/24.1U:ZUAM RCM vVvcipnca PTB•OFT QS _ GNTr F BRAZOS COUNTY BRYAN,TEXAS • DEPARTMENT: NUMBER: DATE OF COURT MEETING: 12/17/2024 ITEM: Approval of the following Official.Public Bonds: • a.County Treasurer-Cristian Villarreal • b.County Tax Assessor-/Collector-Melissa Leonard • c.County Commissioner, Pct.3-Frederick Brown • d.County Sheriff-Wayne Dicky TO: Commissioners Court DATE: 12/04/2024 FISCAL IMPACT False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type image3924.pdf Cristian Villarreal bond Cover Memo image3927.pdf Melissa Leonard bond(county) Cover Memo image3931.pdf Melissa Lenard bond(state) Cover Memo image3935,pdf Frederick Brown bond Cover Memo image3952.pdf Wayne Dicky bond Cover Memo A PRO aso Duane Peters ate County Judge https://brazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=29823 1/1 1.4fiiiZ4,1L:Zo riw WWI"�•••�••a^�••• 4 ' .0." • 1Vik 'y Npt;of ISSI-"*: BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Human Resources NUMBER: DATE OF COURT MEETING: 12/17/2024 ITEM: Request from Human Resources to write off outstanding account receivables in the amount of$923.82.This amount is believed to be uncollectible. TO: Commissioners Court DATE: 12/12/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type Request To Write Off Outstanding Memo -Request to Write Off Outstanding AR Memo Cover Memo Castillo.pdf Outstanding AR - Castillo Carla.pdf Outstanding AR-Carla Castillo Backup Material PPR'0 V'D A .r]- - /7zr Duane Peters II ate County Judge https://brazos.novusagenda.com/AgendaWeb/Co verSheetaspx?ItemID=29869 1/1 12/1 S/Z4,11J:1/AM item L,wersneeL 44/ 349 J'A�� •............ .• BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 12/17/2024 ITEM: Acceptance of the Statement of Award for the State and Local Cybersecurity Grant Program. The total project cost is$74,546.40 with$16,206.00 required match. TO: Commissioners Court DATE: 12/12/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description type Statement of Award for the Cybersecurity Project.pdf Statement of Grant Award Cover Memo • 4.PPROVED '.pane Peters Date 'S;,my Judge https://brazos.novusagenda.comlAgendaWeb/CoverSheet.aspx?ltem1D=29860 1/1 Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the `Narrative' and 'Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to: 2 CFR Part 200,Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code,Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code, and the Texas Grant Management Standards (TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S.Depaitiuent of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s)of Funding and Other Fund-Specific Requirement(s),if any,cited below: Grant Number: 5231401 Award Amount: $58,340.40 Date Awarded: 12/12/2024 Grantee Cash Match: $16,206.00 Grant Period: 11/01/2024- 10/31/2025 Grantee In Kind $0.00 Match: Liquidation Date: 01/29/2026 Grantee GPI: $0.00 Program Fund: CY-State and Local Cybersecurity Grant Total Project Cost: $74,546.40 Program Grantee Name: Brazos County Project Title: Cybersecurity Project Grant Manager: Marvin Alcorn Unique Entity Identifier D1H3VK7MLAG8 (UEI): CFDA: 97.137-State and Local Cybersecurity Grant Program Federal Awarding Agency: U.S. Department of Homeland Security,Federal Emergency Management Agency Federal Award Date: 12/26/2022 Federal/State Award ID EMW-2022-CY-00073 Number: Total Federal Award/State $8 465,324.00 Funds Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Homeland Security Grants Division(HSGD) Is the Award R&D: No Federal/State Award The purpose of the State and Local Cybersecurity Grant Program(SLCGP)is to assist state, Description: local, and territorial(SLT)governments with managing and reducing systemic cyber risk. STATE OF TEXAS § COUNTY OF BRAZOS. § TAX ABATEMENT AGREEMENT BETWEEN BRAZOS COUNTY AND HONEYWELL INTERNATIONAL INC. This Tax Abatement Agreement (the "Agreement") is entered into by and between the County of Brazos, Texas, a political subdivision of the State of Texas, acting herein by and through its duly elected Commissioners Court (the "COUNTY"), and Honeywell International Inc., a Delaware corporation(the"OWNER"),acting herein by and through its duly authorized agents. COUNTY and OWNER may also be referred to collectively as the "Parties"or individually as the"Party". WITNESSETH: WHEREAS,the City Council of the City of Bryan,a Texas home rule municipality(the "City")adopted an ordinance on August 13,2024 establishing the Honeywell Reinvestment Zone Number 33 for Commercial-Industrial Tax Abatement in the City of Bryan,Texas being further described in Exhibit "A" attached hereto (the "Reinvestment Zone"), as authorized by the Property Redevelopment and Tax Abatement Act, Chapter 312,TExAs TAX CODE;and WHEREAS, OWNER and its Subsidiary own property located at 6200 Mumford Road, Bryan, Texas being further described in Exhibit "B" attached hereto (the "Land") which is also located within the Reinvestment Zone. WHEREAS,OWNER is considering the Reinvestment Zone as the site for an ultra high purity hydrofluoric acid ("UHPHF") manufacturing facility which will be the first United States facility to produce semiconductor grade hydrofluoric acid; and WHEREAS, OWNER expects that the proposed UFIPHF manufacturing facility represents an approximate investment of ONE HUNDRED TWENTY MILLION DOLLARS ($120,000,000)by OWNER over a multi-year period; and WHEREAS, the COUNTY finds the construction and operation of the UHPHF manufacturing facility by OWNER will provide a valuable catalyst for economic development in the COUNTY by the attraction of new businesses and the increase in ad valorem taxes to the COUNTY;and WHEREAS,it is in the best interests of the taxpayers for the COUNTY to enter into this Agreement in accordance with the Tax Abatement Guidelines and the Tax Code in order to maintain and enhance the employment, commercial, and industrial economic base of the COUNTY; and WHEREAS, on the 12th day of March, 2024, the COUNTY adopted guidelines for 1 tax abatements that are current under Tax Code Section 312.002 (the "Tax Abatement Guidelines"); and WHEREAS, the Tax Abatement Guidelines contain appropriate guidelines and criteria governing tax abatement agreements to be entered by the COUNTY as contemplated by the Tax Code; and WHEREAS, on the 12th day of March, 2024, the COUNTY adopted a resolution electing to be eligible to participate in tax abatements pursuant to Tax Code,Section 312.002; and WHEREAS,the COUNTY, after.a public hearing, has found that the contemplated use of the Premises (hereinafter defined), and the contemplated Improvements (hereinafter defined) are consistent with encouraging economic development of the Reinvestment Zone and that the proposed tax abatement will be in compliance with the Tax Abatement Guidelines,the Tax Code, and all other applicable laws; and WHEREAS,a copy of this Agreement has been furnished, in the manner prescribed by the Tax Code,to the governing bodies' presiding officers of each taxing unit in which the Premises is located; and WHEREAS, this Agreement was approved at a regular scheduled meeting of the Brazos County Commissioner's Court. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration,the adequacy and receipt of which is hereby acknowledged,including the expansion of primary employment,the attraction of major investment in the Reinvestment Zone which contributes to the economic development of the COUNTY,and the enhancement of the tax base in the COUNTY,the Parties agree as follows: ARTICLE I DEFINITIONS Wherever used in this Agreement, the following terms shall have the meanings ascribed to them.If a term is not defined herein it shall have the meaning ascribed to it in Section 1.04 of the Tax Code. "Abatement"means the full or partial exemption from the COUNTY's Maintenance and Operations (M&O) ad valorem taxes on property in the Reinvestment Zone as provided herein. The property tax abatement provided in this Agreement shall extend only to COUNTY ad valorem taxes on the Improvements and new Tangible Personal Property located on the Land within the Reinvestment Zone. "Affiliate" shall mean any person or entity which directly or indirectly controls, is controlled by or is under common control with OWNER. A person or entity will be 2 deemed to be"controlled"by any other person or entity if such other person or entity: (a) possesses,directly or indirectly,power to direct or cause the direction of the management of such person or entity, whether by contract or otherwise; (b) has direct or indirect ownership of at least fifty percent (50%) of the voting power of all outstanding shares entitled to vote at a general election of directors of the person or entity; or(c)has direct or indirect ownership of at least fifty percent(50%)of the equity interests in the entity. "Bankruptcy or Insolvency" shall mean the dissolution or termination of a Party's existence as a going business, insolvency, appointment of a receiver for any part of a Party's property and such appointment is not terminated within ninety(90)days after such appointment is initially made, any general assignment for the benefit of creditors, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against such Party, and such proceeding is not dismissed within ninety(90) days after the filing thereof. "Base Year Taxable Value" shall mean the Taxable Value of the Property as of the 1st day of January 2025, from which all increases in the Taxable Value of the Property shall be measured. "BCAD"shall mean Brazos Central Appraisal District. "Commencement of Construction" shall mean that: (a) construction plans have been prepared and all approvals thereof required by applicable Governmental Authorities have been obtained for construction of the Project;(b)all necessary permits for the construction of the Project,pursuant to the respective plans therefor have been issued by all applicable Governmental Authorities; and (c) construction of the facility foundation of the Project has commenced. "Completion of Construction"shall mean that:(i)the construction of the Improvements has been substantially completed;or(ii)a temporary or final certificate of occupancy has been issued by the City for the occupancy of the Improvements by the Owner. "COUNTY"shall mean Brazos County,Texas. "OWNER" shall mean Honeywell International Inc., and its successors and permitted assigns. "Effective Date"shall mean the day after all conditions precedent listed at Section 11.16 have been satisfied. "Expiration Date"shall mean March 1 of the calendar year following the expiration of the last of the tax abatements provided herein. "Facility"shall mean a building or structure erected on the Land. "First Year of Abatement"shall mean the year beginning on January 1,2025;provided, 3 however, that the OWNER may, at its sole discretion and sole option, elect to delay the First Year of Abatement by up to one(1)year by delivering a notice to the COUNTY and BCAD stating such desire(a"Notice of First Year of Abatement Change"); and in such case, the First Year of Abatement shall be the date identified in the Notice of First Year of Abatement Change. "Force Majeure"shall mean any act that(a)materially and adversely affects the affected Party's ability to perform the relevant obligations under this Agreement or delays such affected Party's ability to do so;(b)is beyond the reasonable control of the affected Party; (c)is not due to the affected Party's fault or negligence; and(d)could not be avoided by the Party who suffers it,by the exercise of commercially reasonable efforts,including the expenditure of any reasonable sum of money.Subject to the satisfaction of the conditions set forth in(a)through(d) above,Force Majeure shall include: natural phenomena such as storms, floods, lightning and earthquakes; wars, civil disturbances, revolts insurrections, terrorism, sabotage and threats of sabotage or terrorism; transportation disasters,whether by ocean,rail,land or air;strikes or other labor disputes that are not due to the breach of any labor agreement by the affected Party;delays in obtaining necessary goods or services essential for Project completion caused by an epidemic or pandemic; fires; and actions or omissions of a Governmental Authority that were not voluntarily induced or promoted by the affected Party or brought about by the breach of its obligations under this Agreement or any applicable law.Under no circumstances shall Force Majeure include OWNER's financial inability to perform as a result of economic hardship or changes in market conditions or any strike or labor dispute involving the employees of OWNER or any Affiliate of OWNER, other than industry or nationwide strikes or labor disputes. "Full Time Employee"or"FTE"shall mean any person who is an employee of OWNER or an Affiliate (excluding temporary or seasonal employees) who is on the payroll in a budgeted position,has'an officially scheduled work week of thirty-five(35)hours or more, and who, according to OWNER or Affiliate company policy,is entitled to full benefits as a full-time employee. "Guaranteed Value"shall mean the Property's Taxable Value as determined by BCAD. "Governmental Authority(ies)" shall mean any federal, state, local or foreign governmental entity, authority or agency,court, tribunal, regulatory commission or other body whether legislative,judicial or executive(or a combination or permutation thereof). "Improvements" or"Project" shall mean one or more improvements constructed after the date of this Agreement on the Land consisting of a UBPHF manufacturing plant, including installation of state-of-the-art distillation columns, a continuous reactor, and other ancillary infrastructure,as more fully described in the submittals to be filed with the COUNTY. 4 "Incremental Taxable Value" shall mean the Taxable Value for the Property as of January 1st of a given year less the Base Year Taxable Value. "Inventory" shall mean only those items of Tangible Personal Property that are commonly referred to as wares, goods, and merchandise,which are held for sale or lease to customers in the ordinary course of business. "Land" shall mean the property owned by Owner and its Affiliates located in Brazos County at 6200 Mumford Rd,Bryan Texas and further described in Exhibit`B". "Payroll"shall mean the payroll numbers that OWNER or an Affiliate report to the Texas Workforce Commission quarterly for FTE's added after the Effective Date for the four preceding consecutive calendar quarters ending on or prior to a date of measurement under this Agreement. "Premises" shall mean, collectively, the Land and the Improvements following construction thereof. "Property" shall mean the Real Property and Tangible Personal Property located in the Reinvestment Zone, excluding Inventory and supplies. "Real Property Taxes" are the COUNTY's share of the ad valorem taxes received by the COUNTY from the Brazos County Tax Assessor-Collector on the value of the Property, which shall include land, improvements, and Tangible Personal Property taxed by the COUNTY. "Reinvestment Zone" shall mean the Honeywell Reinvestment Zone No. 33 for Commercial-Industrial Tax Abatement in the City of Bryan, Texas adopted by the City Council of Bryan,Texas on August 13,2024 and further described in Exhibit"A". "Subsidiary" means an organization for which another organization, either directly or indirectly through or with one or more of its other subsidiaries: (A) owns at least 50 percent of the outstanding ownership or membership interests of the organization; or(B) possesses at least 50 percent of the voting power of the owners or members of the organization. "Tangible Personal Property" shall have the same meaning assigned by the Tax Code Section 1.04 and shall mean all tangible personal property, equipment, machinery, and fixtures,excluding inventory and supplies, owned or leased by OWNER that is added to the Improvements subsequent to the execution of this.Agreement. "Tax Abatement Guidelines" shall mean the current guidelines for tax abatements in accordance with Tax Code Section 312.002 as adopted by the COUNTY on March 12th, 2024. "Tax Code"shall mean the current Texas Tax Code. 5 "Taxable Value" shall mean the appraised value as certified by the Brazos Central Appraisal District as of January 1st of a given year. "UHPHF" shall mean ultra high purity hydrofluoric acid. ARTICLE II GENERAL PROVISIONS 2.1 The Project is not an improvement project financed by tax increment bonds. 2.2 This Agreement is entered into subject to the rights of the holders of outstanding bonds of the COUNTY. 2.3 The Land is not owned or leased by any member of the Brazos County Commissioners Court. 2.4 The Land and the OWNER's Improvements constructed thereon within the Reinvestment Zone shall be used in the manner that,during the period taxes are abated hereunder, is consistent with the general purposes of encouraging development or redevelopment within the Reinvestment Zone. 2.5 The"Term"of this Agreement shall begin on the Effective Date and shall continue until the Expiration Date,unless sooner terminated as provided herein. ARTICLE III TAX ABATEMENT AUTHORIZED 3.1 This Agreement is authorized by the Tax Code and in accordance with the Tax Abatement Guidelines. 3.2 Subject to the terms and conditions of this Agreement, if the Guaranteed Value for the given year is achieved and maintained, the COUNTY hereby grants OWNER an Abatement of the Taxable Value of Property for five (5)calendar years which includes the First Year of Abatement: Tax Year Incremental Taxable Value Guaranteed Value %Abatement Year 1 $45,900,000 $45,900,000 50% Year 2 $74,100,000 $120,000,000 50% Year 3 $0 $120,000,000 50% Year 4 $0 $120,000,000 50% Year 5 $0 $120,000,000 50% The partial exemption from ad valorem taxation of Property during each tax year covered by this 6 Agreement shall be computed by taking a percentage of the value of said Property on January 1S1 of each tax year over the value of Property from the Base Year Taxable Value. For clarity, the Parties intend for Abatements under this Agreement to apply only to Property owned by OWNER, its Affiliate,or an assignee of OWNER that is consented to by COUNTY or otherwise permitted under Section 11.4 herein. 3.3 During the period of tax abatement herein authorized, OWNER shall be subject to all taxation not abated,including,but not limited to,ad valorem taxation on OWNER's Property. ARTICLE IV IMPROVEMENTS AND PERFORMANCE REQUIREMENTS 4.1 OWNER intends to construct or cause to be constructed Improvements on the Land that is in the Reinvestment Zone and to locate Tangible Personal Property at such Improvements. Nothing in this Agreement shall obligate OWNER to construct the Improvements on the Land or to locate Tangible Personal Property thereat, but said actions are conditions precedent to tax abatement pursuant to this Agreement. 4.2 OWNER agrees to the Commencement of Construction no later than the beginning of the First Year of Abatement. 4.3 OWNER agrees, as good and valuable consideration for this Agreement, that construction of the Improvements by OWNER will be in accordance with all applicable federal, state,and local laws,codes,ordinances,rules,and regulations. 4.4 OWNER agrees to maintain the Improvements and the Premises during the Term of this Agreement in accordance with all applicable federal, state and local laws, codes, and regulations in all material respects, or shall diligently pursue the cure of any material non- compliance. 4.5 OWNER agrees to file a copy of construction plans for the Project Improvements and Facility in the office of the County Judge, which shall be deemed to be incorporated by reference herein and made a part hereof. 4.6 The COUNTY, its agents and employees shall have the right of access to the Premises during and following construction at reasonable times and with reasonable notice to OWNER, and in accordance with visitor access and security policies of OWNER, in order to inspect the Improvements and ensure that the construction of the Improvements are in accordance with this Agreement and all applicable federal,state and local laws and regulations(or valid waiver thereof). ARTICLE V EMPLOYMENT 7 5.1 OWNER agrees that its annual total Payroll (excluding benefits) for FTEs added after the Effective Date will be as follows: Year Total Gross Payroll 2025 0 2026 $369,000 2027 $909,000 2028 $909,000 2029 $909,000 5.2 To establish a base year number of employees and total salaries in Brazos County, OWNER shall deliver to COUNTY the Texas Workforce Commission Quarterly Report for the previous quarter before the date of the Base Year Taxable Value. On or before July 31,2027 and July 31 of each year thereafter,OWNER shall deliver to COUNTY documentation,including,but not limited to, Texas Workforce Commission quarterly reports, demonstrating that OWNER met the payroll targets for the preceding calendar year,the year of the appraised value. ARTICLE VI OWNER'S DUTIES AND OBLIGATIONS 6.1 OWNER shall, before July 31st of each calendar year that the Agreement is in effect, certify in writing to COUNTY whether or not it is in compliance with each term of the Agreement, using the Certificate of Compliance form attached hereto as Exhibit "C". The submission of these reports shall be the responsibility of OWNER and shall be signed by an officer of OWNER. OWNER shall include property identification numbers in the valuation documentation and copies of payment receipts. Current year paid tax receipts shall be attached to. the form as an exhibit. 6.2 OWNER shall annually render the value of new Real Property and Tangible Personal Property to BCAD and shall provide a copy of the same to the COUNTY upon written request. 6.3 It shall be the responsibility of OWNER,pursuant to Section 11.43 of the Tax Code, to file,on or before Apri130,an annual exemption application for the new Property with the Brazos County Chief Appraiser using the form attached hereto as Exhibit"D". A copy of the respective exemption application shall be submitted to the COUNTY upon request. 6.4 During the Term of this Agreement,OWNER shall not allow the ad valorem taxes owed to the COUNTY on the Property owned by OWNER or its Subsidiary,or any other property owned by OWNER or its Subsidiary and located within the COUNTY to become delinquent beyond the date when due, as such date may be extended to allow for any protest of valuation or appeal. Nor shall OWNER fail to render for taxation any property owned by OWNER or its 8 Subsidiary and located within the COUNTY. 6.5 During the Term of this Agreement, OWNER shall not convey all or part of the Improvements to another third party, with the exception of OWNER's Affiliate or Subsidiary, without the prior written consent of the COUNTY,which written consent will not be unreasonably withheld,conditioned or delayed. 6.7 OWNER shall allow COUNTY reasonable access,during normal business hours, to examine its records and books and all other relevant records related to OWNER's compliance with the performance requirements of this Agreement. 6.8 OWNER shall keep the Premises insured against loss or damage by fire or any other casualty at full replacement value by purchasing insurance or through a self-insurance program. OWNER shall furnish the COUNTY with either a certificate of insurance or documentation of its self-insurance program. 6.9 OWNER's failure to meet its performance requirements, duties, and obligations under this Agreement shall release the COUNTY from all obligations in this Agreement. ARTICLE VII DEFAULT AND TERMINATION 7.1 This Agreement shall terminate upon any one or more of the following: (i) by mutual agreement of the Parties;(ii)Expiration Date;or(iii)by the COUNTY, if OWNER suffers an event of Bankruptcy or Insolvency. 7.2 The COUNTY or OWNER shall have the right to terminate this Agreement in the event the other Party breaches any of the terms or conditions of the Agreement and any such breach is not cured within sixty(60)days after written notice by the non-breaching Party or in accordance with Section 7.3 herein. 7.3 If OWNER should default in the performance of any obligation of this Agreement, the COUNTY shall notify OWNER in writing, and OWNER shall have sixty (60) days from receipt of the notice in which to cure any such default. If the default cannot reasonably be cured within such sixty(60) day period, and OWNER has diligently pursued such remedies as shall be reasonably necessary to cure such default,then the COUNTY may extend the period in which the default must be cured for additional sixty(60)days. 7.4 It is agreed by the Parties that if a particular action is to be performed by a certain date, and such action is not performed by the required date in the first instance but is then performed before the end of the applicable cure period, then the action shall be deemed to have 9 been performed on time in the first instance,with no effect given to the initial delay. 7.5 If OWNER fails to cure the default within the time provided, as specified in Sections 7.2 and 7.3 or as such period may be extended, the COUNTY shall have the right to terminate this Agreement by providing written notice to OWNER. 7.6 In the event OWNER elects not to proceed with the Project as contemplated by this Agreement,OWNER shall notify the COUNTY in writing,and this Agreement and the obligations on the part of both Parties shall be deemed terminated and of no further force or effect. 7.7 In the event a Party defaults, then the other Party shall have available to it all remedies at law and equity. ARTICLE VIII RECAPTURE OF TAX REVENUE 8.1 If OWNER defaults on its obligations under this Agreement and the COUNTY exercises its right to terminate this Agreement as described in Section 7.5,then OWNER shall be in default of this Agreement, and as liquidated damages in the event of such default no abatement shall be granted for the calendar year the COUNTY declares such default and OWNER shall, within thirty(30)days after demand,pay to the COUNTY the amount of property tax revenue lost in the calendar years preceding such termination which otherwise would have been paid by OWNER to the COUNTY without the benefit of the tax abatement under this Agreement, for the Property subject to this Agreement, plus interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code but without penalties. 8.2 In the event OWNER(i)has delinquent ad valorem taxes owed to the COUNTY, and does not cure such delinquency within sixty(60)days after written notice from the COUNTY (provided OWNER retains its right to timely and properly protest such taxes or assessment); (ii) has an event of Bankruptcy or Insolvency;or(iii)breaches any of the other terms and conditions of this Agreement and does not cure such breach within the notice and cure periods described in Section 7.2 and 7.3 of this Agreement,as the case may be,then OWNER shall be in default of this Agreement. As liquidated damages in the event of such default, OWNER shall,within thirty (30) days after demand, pay to.the COUNTY. all taxes with respect to the three (3) years directly preceding the date of the notice of default which otherwise would have been paid by OWNER to the COUNTY without the benefit of the tax abatement under this Agreement for the property subject to this Agreement,plus interest at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code but without penalties. 8.3 The Parties acknowledge that actual damages in the event of default and termination by the COUNTY would be speculative and difficult to determine.The Parties further 10 agree that the amount of abated tax, including interest, as a result of this Agreement shall in accordance with the above provisions of this Article, be recoverable against OWNER, its successors and assigns and shall constitute a tax lien against OWNER's Property,and shall become due,owing, and shall be paid to the COUNTY within thirty(30)days after notice of termination. 8.4 Upon termination of this Agreement by the COUNTY, the amount of liquidated damages set forth in Sections 8.1 and 8.2, shall become a debt to the COUNTY as liquidated damages, and shall become due and payable not later than thirty (30) days after a notice of termination is provided.The COUNTY shall have all remedies for the collection of the abated tax described in Section 8.1 provided generally in the Tax Code for the collection of delinquent property tax, but without penalties. The computation of the abated tax for the purposes of the Agreement shall be based upon the full Taxable Value of the new Tangible Personal Property without tax abatement for the applicable years for which recapture is required as set forth above and in which tax abatement hereunder was received by OWNER, as determined by the BCAD, multiplied by the tax rate of the years in question, as calculated by the Brazos County Tax Assessor- Collector. The liquidated damages shall incur interest as provided for delinquent taxes and shall commence to accrue after expiration of the thirty(30)day payment period. ARTICLE IX EVENTS OF FORCE MAJEURE 9.1 If OWNER's performance of any obligation or obligations under this Agreement is interrupted, delayed, or prevented by any contingency or cause beyond the control of OWNER, then OWNER may be excused by the COUNTY from the performance of any such obligation or obligations during the period of time that OWNER is reasonably unable to perform such obligation or obligations as a result of such contingency or cause, and no default will have occurred with respect to such circumstances. Contingencies or causes beyond the control of OWNER include, without limitation: (1) Acts of God, or the public enemy, any natural disaster, war, riot, civil commotion, insurrection,fires,explosions,accidents,floods, and labor disputes or strikes; (2) To the extent it affects the OWNER's ability to perform a non-monetary covenant or obligation under this Agreement: (a) A change in a governmental law or regulation if OWNER complies with the changed or revised law or regulation within the time limits, and in the manner, provided by such changed or revised law or regulation; (b) A delay occasioned by the fact that supplies or materials are not reasonably available or the fact that a contractor or subcontractor is delayed in performing 11 services and in either case the circumstance is not directly or indirectly caused by the acts or omissions of OWNER. 9.2 If OWNER gives written notice to the COUNTY that OWNER cannot perform one or more of OWNER's obligations because of Force Majeure,within ten(10)days of the event of Force Majeure, the COUNTY may, by written notice to OWNER, suspend one or more of OWNER's obligations, in whole or in part, for the time and to the extent necessary to allow OWNER to overcome the Force Majeure and resume performance thereof. ARTICLE X INDEMNIFICATION 10.1 OWNER hereby agrees to waive all claims, release, indemnify, defend and hold harmless the COUNTY, and all of their officials, officers, agents and employees, in both their public and private capacities,from and against any and all liability,claims,losses,damages,suits, demands or causes of action, including all expenses of litigation and/or settlement,court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of,damage to,or loss of use of any property occasioned by the error, omission, or negligent act of OWNER, its officers, agents, employees or Affiliates arising out of or in connection with the performance of this Agreement,and OWNER will at its own cost and expense defend and protect the COUNTY from any and all such claims and demands. The indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for OWNER or any contractor or subcontractor under workman's compensation or other employee benefit acts. ARTICLE XI MISCELLANEOUS 11.1 Incorporation of Recitals. The determinations recited and declared in the preambles to this Agreement are true and correct and are hereby incorporated herein as part of this Agreement. 11.2 Entire Agreement. This.Agreement, including any exhibits hereto, contains the entire agreement between the parties with respect to the transactions contemplated herein. 11.3 Amendments. Any amendment,alteration,or termination of this Agreement must be in writing and signed by all Parties. 11.4 Assignment. OWNER may not assign this Agreement without the prior written consent of the COUNTY,which consent shall not be unreasonably withheld,except that OWNER may assign this Agreement to an entity it controls or is controlled by or under common control with OWNER in the event of or in preparation for a corporate restructuring or spinoff. If the COUNTY consents to Assignment, the Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. 12 11.5 No Waiver. Failure of either Party, at any time, to enforce a provision of this Agreement,shall in no way constitute a waiver of that provision,nor in any way affect the validity of this Agreement,any part hereof,or the right of either Party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused,unless the waiver is in writing and signed by the party claimed to have waived. Furthermore,any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any different or subsequent breach. 11.6 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received upon the earlier of (a) actual receipt or (b) three (3) days thereafter sent by United States Mail,postage prepaid,certified mail,return receipt requested,addressed to the Party at the address set forth below,or such other address as is designated by the applicable Party from time to time, or on the day actually received as sent by courier or otherwise hand delivered.The contact information for each Party is as follows: If intended for the COUNTY,send to: If intended for the OWNER, send to: Brazos County Honeywell International Inc. Attn:Duane Peters,County Judge Attn: 200 S.Texas Ave.,Ste.332 855 S. Mint St.,Ste. 1800 Bryan,Texas 77803 Charlotte,North Carolina 28202 11.7 Applicable Law and Venue. This Agreement is made and shall be construed and interpreted under the laws of the State of Texas. Venue for any Iegal proceedings shall lie in State courts located in Brazos County,Texas. Venue for any matters in federal court will be in the United States District Court for the Southern District of Texas,Houston Division. 11.8 Severability. In the event any provision of this Agreement is illegal, invalid, or unenforceable under applicable present or future laws,then it is the intention of the Parties that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is found to be illegal,invalid, or unenforceable, a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provision. 11.9 Third Parties. The COUNTY and OWNER intend that this Agreement shall not benefit or create any right or cause of action in or on behalf of any third-party beneficiary, or any individual or entity other than the COUNTY and OWNER or permitted assignees of the COUNTY and OWNER, except that the indemnification and hold harmless obligations by OWNER provided for in this Agreement shall inure to the benefit of the indemnitees named herein. 11.10 No Joint Venture. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the Parties,and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint either Party as an agent of the other for any purpose 13 whatsoever. Except as otherwise specifically provided herein, neither Party shall in any way assume any of the liability of the other for acts of the other or obligations of the other. 11.11 Employment of Undocumented Workers. During the term of this Agreement, OWNER agrees not to knowingly employ any undocumented workers and, if convicted of a violation under 8 U.S.C. Section 1324a(f), OWNER shall repay to COUNTY all taxes abated under this Agreement as of the date of such violation within 120 days after the date OWNER is notified by COUNTY of such violation. 11.12 Authorization. This Agreement was authorized by resolution of the County Commissioners of Brazos County at a meeting authorizing the County Judge to execute this Agreement on behalf of the COUNTY. 11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original,but all of which constitute one instrument. 11.14 Right of Offset. The COUNTY may, at its option, offset any amounts due and payable under this Agreement against any debt (including taxes) lawfully due to the COUNTY from the OWNER, regardless of whether the amount due arises pursuant to the terms of this Agreement or a related agreement or otherwise and regardless of whether or not the debt due the COUNTY has been reduced to judgment by a court. 11.15 No Presumption Regarding Drafter. COUNTY and OWNER acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between COUNTY and OWNER, and that this Agreement reflects their mutual agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem either COUNTY or OWNER to be the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. 11.16 Conditions Precedent.This Agreement shall not be effective until such time as: 1. This Agreement is fully executed by both the COUNTY and OWNER;and 2. OWNER has secured at least fifty percent (50%) of the Project's funding through grants from the U.S. Department of Commerce, the Texas Semiconductor Innovation Fund,and/or any similar grant. 11.17 Compliance.OWNER agrees that it will comply with Section 176.006 of the Texas Local Government Code, as amended,to the extent said statute applies to this Agreement. For instructions on how to comply with Section 176.006 of the Texas Local Government Code please go to https://www.ethics.state.tx.us/forms/conflict. 11.18 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience only and will in no way enlarge or limit the scope of the meaning of the paragraphs. 14 THE UNDERSIGNED AUTHORIZED REPRESENTATIVES OF THE PARTIES have executed this Agreement to be effective as of the Effective Date. BRAZOS COUNTY: ATTEST: APPROVED Cm Karen cQueen,County Cler Duane Peters,County Judge • DATE: /4 / 7/a2r APPROVED AS TO FORM: V. Bruc 11 r, a eneral Co HONEYWELL INTERNATIONAL INC. BY. 14. )-(7/ TITLE: Pi la n /1'74ii j P.,z- DATE: //AP/ 7e0d APPROVED AS TO FORM: Counsel for Honeywell International Inc. 15 EXHIBIT"A" DESCRIPTION OF HONEYWELL REINVESTMENT ZONE NO. 33 25.0 acres of land in the W.S.Martin Survey,A-35,and Moses Baine League,A 5,of Brazos County, Texas,being more particularly described by metes and bounds in the certain deed from Koch Microelectronic to GEM Microelectronic Materials LLC,dated 4/16/2002,recorded at Volume 4576, Page 101,of the Official Records of Brazos County,Texas. y ti,' +t fry 1� �ti: ., ;41 am'.' }} "1'1 �`4 i. + t 3� • 'J _ ' 4_ ,0d 1.4 sr ," 1'.'.-. • ''tt',•A/i y: -1 �,o^f:- .+ .? .!.-1,{; 1,•, ' ,u▪ 1,!' `,1t`r.•+r. 1 16 r fs.',{ ay'\1yi �/'/)t.; Y•. t1. .:`;.�.N.1��•.•f F. . ,r;,:1,.. •,.-: ."'-.tl.,,,,, -r-f.,,f, '.•-vP c,;',:l -;,%*, ,11_,. '..N .fr.: 1 ..'''',,r-'•:, .,,k.c.14-....: ▪'''' . -•• 0 si �r' !(`'�t 1. •~=�t��,�:;ti�/ � •C.v�l-•7`,e, .•�.. -.•' � 1,�••���'�`yi'`.. ~.', ' �� !; �• ..1�..!``•ice �l -r` ,�. o)r 't' l} .5 : ;�'er • �, �T; ' ' • 'i ""Ik., 1w::. - 1. subject Property I• 'V-'r.';• �;•`: ••j 't-.".-, . "..1--/?•i) '::''''.'• 25 Acres ' Z:L4Ali--•(' - •' i (1:V4 r'le re- -.' ..." ... •• :.:-.PP'"- 1::2741:':j1:141L11" ;t'l--'3:7's :t•t:'/:7:'-'1:-et':.:"N".; '' *'4::•111- "...:'.'''..kti ...:.;41 t' .''I •,t+• . • 1.`. 4 ... :ems j. r r' 1sV-.'1,A, •'..• • /v, ti s .. rr . raj• . •t-',K (1 V'6 �,,,e.„t,„r•' _ ' 4,:f,a , a .j �'.,-,. 'w r1. 't.•,,'t:i. •ram, .11....,e,� / .. n-• n'• Er • i r kp • /;, •. .. .:..ram-1 • d ry•s• -.Aii ' . l•.:ter.1 4 :N.▪•," y y ..,- ti▪ , •fir. J,▪ f •1 .,' Op HONEYWELL o 3+� 14 .1 1 �, Reinvestment Zone No.33 +�.•�M bM ae rr.�r to el Ms mow r./,qr.••{. Q 011ROH S(�Rt1DERfY •rr4.'. .....mi.w.•+.r.�r+w.'rw.wsrrn.•••,.+ CHI I I BBil l% RIANCARUS) BCAD) ...igw•.r••.o..r...•w.s.P.....•••r'm.......t..'..•,..ow. d_ mw �` r.:-+o Cm/Mem•.wr..mn m+... 16 EXHIBIT"B" DESCRIPTION OF THE LAND 25.0 acres of land in the W.S.Martin Survey,A-35,and Moses Baine League,A-5,of Brazos County, Texas,being more particularly described by metes and bounds in the certain deed from Koch Microelectronic to GEM Microelectronic Materials LLC,dated 4/16/2002,recorded at Volume 4576, Page 101,of the Official Records of Brazos County,Texas. zl j 112492 102575 All . x/,...............J35 102574 Williford Rp /./e'r'''''----- /or f„,,,,. 16323 80240 J - Iti 2051 71111111111111P.4744141.: 15 80242 "187839 3 ' 360912 R. ° 80249 / ° 1 �r` ,87838 20514 • 17 EXHIBIT"C" STATEMENT OF COMPLIANCE WITH AGREEMENT FOR TAX ABATEMENT WITH HONEYWELL INTERNATIONAL INC. IN CITY OF BRYAN HONEYWELL REINVESTMENT ZONE NO.33 THE STATE OF TEXAS § COUNTY OF BRAZOS § HONEYWELL INTERNATIONAL INC. ("OWNER") hereby certifies any improvements on the Property,as called for in the above referenced Agreement: HAVE BEEN completed and constructed in every material respect pursuant-to said Agreement. HAVE NOT BEEN completed or constructed in every material respect pursuant to said Agreement. OWNER further certifies that it: HAS complied with all applicable and material terms of said Agreement. HAS NOT complied with all applicable and material terms of said Agreement. Signed this day of ,20_. HONEYWELL INTERNATIONAL INC. By: Name: Title: Any above described improvements have been accepted by the Brazos County, Texas as having been constructed in compliance with the above referenced Agreement,and that pursuant to said Agreement the partial exemption from taxation shall commence on January 1,20 continuing through the year 20 , which will be the last year that the property will be entitled to exemption from taxation in accordance with this Agreement, and that the taxable value of the Premises for such period of time shall be the taxable value as finally determined,following any applicable contests and appeals,by the Brazos County Appraisal District on January 1st of each year of the term of the Agreement. Signed this day of ,20 . By: BRAZOS COUNTY,TEXAS Duane Peters,County Judge ATTEST: Karen McQueen,County Clerk 18 EXHIBIT"D" Texas Comptroller of Public Accotmts Fes" 50-11.6 Application for Property Tax Abatement Exemption Appasal MVO?Lame More lama code awl rumba) Aptxaud Una Athos Ct16 SLIM.ZIP Code - ---- - - - -—__-_ GENERAL INSTRUCTIONS:TM appEcesen s for use n dasrsIg prrposty tax mcmpxi s pursuant to Tax Code 5ectxn 1 t28.A prepay cearcr Rho has es56+sitad a tax aliatement agreement inter Tao Cade Chapter 312,Ropatty Padevelc rawit and Pas Abmometd Aa.Es nod b exeaofice Lvn badge Ivan is posted city or Mu or other tonne ud of 33 or past of Vie value dtte prceerty as provided by the agreement RUNG I6TRUCIIOIIS:This document and al sir:pertrsg demirrontabon mast be Ted rah the appraisal Astrid ace MAN earn tn eeteGt the property is taxable.Do=file this deemed m i the TeUS Cor speIar of Pubic Aocu ns A Amin with corned intro-awn for appta:sal district ct3ces may to turd on the Compro[ar's subtle. APPLICATION DAD S:The Ceetelatad a,'plCsea are!mooring dooraer>t»on must be filed beg rneig Ant and no Ia:er:thhanAprJ 30 or the year farstdch an eunction vs requested For good Cause shtcon Its ct of seprasor may emend the daadlno ter tt 3 the maLcaeon by wccan ardor fit a single period not to mimed 00 days ANNUAL APPLICATION REQUIRED:An a:'eeG11acn lot tees same ton nust be tuned each year.it mformaton Mu rut diaugod and'er ag'aerren.l's}leers net moiled.copies of the ageement(sl are net tegtmsred to be attached OTHER IMPORTANT 9501II1AT1ON Pursuant to Tax Code Sac.11.45.Gee eh of appraaor may roust eodtcnal irionrisl ortThe ad:Atronal iniormatan mud be provided vain 30 days of do request or the accimScrr is denied.Per good cause sheen Ire thief appraiser tray odald 7e deadite for kurrshing ttre a dacnal it amu5an byeit.'wal order fora r.n o period net to exceed 15 days. Stain the tax year for which you we applying - Del the apptirart own the property that is the su:(at d s sppsnon on Jan.1 of the tax year? ' J Yea 0!b SECTION 1:Property Owner/Appllmnt The appt earn is the Waning type at property owner:repack a e}. • - 1ntOvbu31 0 Partncatip 0 Corporation OGrar(spcc.'pl _ _ Mee d Property Deny Cetera License.Name Lea Cerffirata Swig Sowvy Norte(orFederal Tax 1D.to nbtr Aryslrar ASsa Oey Sts�Zia'Code - - ____ ___ _- . _ -- - _ _ _ Planetaria code en.lni Merl Errai Ai - - -- Maing Address d Property Onra Crf di lersm from tao pAyacal address pronded above): Moms.env S .ZIP Coda -- —�- ---_~ 19 oz tie -- - ri iirkiitst sr#o_6_sa_nraiplatoo;a .uonxbociceai.narj - - - wpm.s.,era(sawDrais oq asps pima*weal seGaap oo vw a s wlcgr a Puma oast pa xi pssdas itunouuvd nottut=ntunuiedw aukuusc r p stubs ms>ess•pG uap!pat Cum mpranj Wrri 0/eCrY 01 PaLbY a`PV 2 -11 PM"Ou 1:tr NOUYIS on 0 sea❑••(palDmd eumre ur p Euia+odor n mummers p tad cs popnosuas n per+.swap AIMS pa3eeod•Pmsrr pa sus tiaA O N L_1 sM cllOZ'i kips u4r n w pus egssW uMosul APDR UMW Ammo ep wuspsngW p$4EmSWIM SZ ups*vial a p • paeue.mer Ptauk' moe+spa iandeuRp p wad euo losuu Jm 30 meals comp Atm Pmowod.p a• ssa2s:s.a 1ILel tom a¢7S3 trrePe Peru Warps map a d sows=Lre lmsumasoo&mum=mmopuolousio mipo la/MAU pAdaoio>1Cn sVnunaxiom sl Pestp 3 per ces pulp pusdat eta eppak!'uoa'DGade sp.p ems«a o P'+a 473e623d wsnl WOK Marina uoaamtuY esg3oaep W MARA • U 1Ma0 A'daid: 1401173S _ _ _ YCam fIDusuesu MOD saml J3AGnY KAM Aamte3 _-__ - oparuiroa f=AM, Pa aifAJx L7taa:x omel7CIi3 Gl -.r is 1'etu=aIMO in=lscattt DRRAm.^NP auSNI s41011 ty u moo kutes d sta sal p.a AincyA gut PO p'PApma W Al wcemucp+ ssa Wahl a>zeQ legd.o sus sa.0❑ - apcs=ea pettli pm mirk=taus nil foamssPe7MAW'Pa.soddeIJ Wsgnliigy moue A13admd s l Jump/ A*d ao eta loasumrd ramp auadutoe eta p now mcPss gepuai q p4embet moor*imp r 6 wipes a dills Virg mama lie 110900961.safleu/a mapJWsdmd WPM"!um my riot aAAgWsa p pazpogere L NOLL73S - --- 9[1`OS mummy oi[gndJoaano�duuoosem -- rLbxasCo rap troller ofPublicAccrrseirte 50136 SECTION S:Abatrmrent(t)Qtr tons t labia a catereraton d anexieonp abatement aaeement! i__I The 0 No 2 ka 4a bma and Cotten doe*tuna astY agmernem Moral or iderrSuar? 0 Deena 0 bo ncm II d mans*we copy Mo brim far each Dog Lies atd caste*section S far each ma In the area eheeo taxing meats aro bed.ebase nor do the bang u+t ta:g as aeai±et R deraa:at foam describe to norm d to abatement a,aanonte let Cie year by�„g+��°ma QLump torn of Sr - ©Percan3ae.ao0Ktion d ! - _ - . - - % 0 Dear 01/13111 e.ssnrra!d►rrM g dammed cabalsi4 itaxana t:Amide done rasa to be a.eoosd Ara par) I Dena the agreement eters uses on Name gicpeety? L1 Yoa :__I No & Are you neo eorueteagnomen.. 0 Yes QNo nor amrh s=tm ant untiring ere twat br nanoare hrtoe. SECTION 6:Additional Required Dixurn+rxation The ioeaam2 donmmta most be included re dm amnion. • copies d ababnare eoetCe .rraess the abatement VIM pe shanty grand and no dsagee hate occurred brdbstte a7eamert(.)ram not ntediea • a drontro describing the rooted of cdndabig ob ahabenora i it h not a amp scan Co Derarsbao mampcm fi'r+Hdc ere dab,armors b be mewed this yem1:end • a Pawners the reason far ramrrctarce i appicant o not n wccbice with an abatomaa raveraint. SECTION 7:Certtaa lion a nil Signetu a NOTICE RECARDWG PENALTES FOR NAIQNC ON RUNG AN APPLICATION CONTA! IG A FALSESTATENENT:I you nand a boil statement an this bra%yeu could be bud rub el a Clean A miedemeertoe ce e.t la Mari under Penal Code Section MO. L— ---- ------ - _---�..esnaror m Man n narmaxina- d Popov pew or A.ar.roea rbneteretire I. tint each bd oeraa id n Ice appdown is true and coned 2. Scat be prccerty doeatbed in tee appiramn moods be Cie esca era rndETwa last hoe the naval and a lot I hate read ed+atdcrr.e d be Asarco Favadug Pena*et Ibr 4takrr2 or Fend as Anpacaxrt Corxeg a Fat.Sznoro rt. sig homy __ -_-- — — — — . — - sJ•ra9avet ,y cvrw art, aar(c easC�v''- nee • 11Ia property Miler is a eanpmyor oiler kcal away Ince an td ua4.toe Federal Tax IA Number is to be model Doddere or your sooat aseuty tanner tSSN)may be roomed and a decried by he b the pupcea d tax admnistrabon and:4.ta,vr of any f+dndual ase+eerd by cpptrbb to haute ty.42 U.S.C.¢4CSIc)(2ACM Tax Cade SO en 0.4O.Erupt as-slanted by Tax Code Sectattt44b).q dmels tcerma meter.perecnd dens ee=rembe u nubile,a modal matey number panbod et this applutnon for an eaarptm tied all see county sppnisal dent a eartderttnl and not open b puck i npection underTu Cade Seldom 1L46(a). ••An email addr.a d a member d the pc±Ec soar nil conhd.ncal ardor Gommwu Code Section 552.137:fawae.b}indeed h smad address on Cie ban,par w of smarmy caeaenag b m roka►so undo to Pubic hbmsstm act. Fao6ae3oc-atnSlR21"*. terniPielhxaageftalLIIOPVIIiil' P.ge) https://bisfiles.co/sites/sharedlforms/50-116.pdf 21 • p, k NpY OF ' BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 12/17/2024 ITEM: Approval of Contract with Rosenbaum-Schoenvogel Investments,LP for the purchase of real property in the amount of$2,230,000.00. TO: Commissioners Court DATE: 12/12/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Typ. pSA - 2504JCent Street -Revised.oLif Commercial Contract-2504 Kent Street Backup Material APPRO • /7 Duane Peters Date County Judge https:!lbrazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID-29853 1/1 Ta TEXAS REALTORS COMMERCIAL CONTRACT - IMPROVED PROPERTY USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®,INC.IS NOT AUTHORIZED. ©Texas Association of REALTORS®,Inc.2022 1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: Rosenbaum-Schoenvogel Investments, LP Address: P.O. Box 602, Brenham, TX 77834 Phone: (979)836-5482 E-mail: TreyRSLASWBell.net Mobile: (979)277-4266 Fax or Other: Buyer: Mike Gentry or Assigns Address: 1515 Emerald Plaza, College Station, TX 77845 Phone: (979)694-7000 E-mail: Mike.Gentry@WestWebb.law Mobile: (979)255-3103 Fax or Other: 2. PROPERTY: A. "Property" means that real property situated in Brazos County, Texas at 2504 Kent Street, Bryan, TX 77802 (address) and that is legally described on the attached Exhibit or as follows: All that certain tract or parcel of land containing 1.93 acres, more or less, located at 2504 Kent Street, Bryan, TX and being all of Lot 2R, Block 1, Scotty's House Addition, City of Bryan, Brazos County, Texas B. Seller will sell and convey the Property together with: (1) all buildings, improvements, and fixtures; (2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights-of-way; (3) Seller's interest in all leases, rents, and security deposits for all or part of the Property; (4) Seller's interest in all licenses and permits related to the Property; (5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or any fixtures; (6) Seller's interest in any trade names, if transferable, used in connection with the Property; and (7) all Seller's tangible personal property located on the Property that is used in connection with the Property's operations except: Any personal property not included in the sale must be removed by Seller prior to closing. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (If mineral rights are to be reserved an appropriate addendum should be attached.) (If the Property is a condominium, attach Commercial Contract Condominium Addendum (TXR-1930) or (TXR-1946).) 3. SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property: A. Cash portion payable by Buyer at closing $ 2,230,000.00 B. Sum of all financing described in Paragraph 4 $ C. Sales price (sum of 3A and 3B) ilt $ 2,230,000.00 (TXR-1801)07-08-22 Initialed for Identification by Sell r , and Buy G Page 1 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.Iwolf.com Commercial Contract-Improved Property concerning 2504 Kent Street,Bryan,TX 77802 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows: A. Third Party Financing: One or more third party loans in the total amount of$ N/A . This contract: n (1) is not contingent upon Buyer obtaining third party financing. U (2) is contingent upon Buyer obtaining third party financing in accordance with the attached Commercial Contract Financing Addendum (TXR-1931). B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TXR-1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ C. Seller Financing: Buyer will deliver a promissory note and deed of trust to Seller under the terms of the attached Commercial Contract Financing Addendum (TXR-1931) in the amount of$ 5. EARNEST MONEY: A. Not later thanldays after the effective date, Buyer must deposit$ $20,000.00 as earnest money with Scout Title &Abstract - BCS, LLC (title company) at 895 William D Fitch Pkwy, College Station,TX 77845 (address) Victoria Halley (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit an additional amount of$ N/A with the title company to be made part of the earnest money on or before: (i) N/A days s after Buyer's right to terminate under Paragraph 7B expires; or (ii) Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 5B within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. C. Buyer may instruct the title company to deposit the earnest money in an interest-bearing account at a federally insured financial institution and to credit any interest to Buyer. 6. TITLE POLICY, SURVEY, AND UCC SEARCH: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against loss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary lines, or any encroachments or protrusions, or any overlapping improvements: (a) will not be amended or deleted from the title policy. 1X1 (b) will be amended to read "shortages in areas" at the expense of 1X1 Buyer n Seller. (3) Within 20 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents evidencing title exceptions. Seller authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's address. 1-DS (—DS Jtt a (TXR-1801)07-08-22 Initialed for Identification by Seller and Buyer—, Page 2 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Commercial Contract-Improved Property concerning 2504 Kent Street, Bryan,TX 77802 B. Survey: Within 10 days after the effective date: n (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/NSPS Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. Seller will reimburse Buyer (insert amount) of the cost of the survey at closing, if closing occurs. (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i)ALTA/NSPS Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey under the appropriate condition. IX (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing survey. If the existing survey is not acceptable to the title company, U Seller U Buyer (updating party), will, at the updating party's expense, obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to the other party and the title company within 30 days after the title company notifies the parties that the existing survey is not acceptable to the title company. The closing date will be extended daily up to 30 days if necessary for the updating party to deliver an acceptable survey within the time required. The other party will reimburse the updating party $0.00 (insert amount or percentage) of the cost of the new or updated survey at closing, if closing occurs. C. UCC Search: n (1) Within days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform Commercial Code (UCC) search prepared by a reporting service and dated after the effective date. The search must identify documents that are on file with the Texas Secretary' of State and the county where the Property is located that relate to all personal property on the Property and show, as debtor, Seller and all other owners of the personal property in the last 5 years. 1X1 (2) Buyer does not require Seller to furnish a UCC search. D. Buyer's Objections to the Commitment, Survey, and UCC Search: (1) Within 5 days after Buyer receives the last of the commitment, copies of the documents evidencing the title exceptions, any required survey, and any required UCC search, Buyer may object to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title to the real or personal property described in Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special flood hazard area (an "A" or "V" zone as defined by FEMA). If the commitment or survey is revised or any new document evidencing a title exception is delivered, Buyer may object to any new matter revealed in such revision or new document. Buyer's objection must be made within the same number of days stated in this paragraph, beginning when the revision or new document is delivered to Buyer. If Paragraph 6B(1) applies, Buyer is deemed.to receive the survey on the earlier of: (i) the date Buyer actually receives the survey; or (ii)the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate p-DS DS ritka IsS (TXR-1801)07-08-22 Initialed for Identification by Seller, and Buye , Page 3 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St !Crystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.corn Commercial Contract-Improved Property concerning 2504 Kent Street,Bryan.TX 77802 this contract by providing written notice to Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing: N/A B. Feasibility Period: Buyer may terminate this contract for any reason within 90 days after the effective date (feasibility period) by providing Seller written notice of termination. (1) Independent Consideration. (Check only one box and insert amounts.) X (a) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less $ 500.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 7B. (b) Not later than 3 days after the effective date, Buyer must pay $ as independent consideration for Buyer's right to terminate by tendering such amount to the title company. Buyer authorizes escrow agent to release and deliver the independent consideration to Seller at any time upon Seller's request without further notice to or consent from Buyer. If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1)(b) or if Buyer fails to pay the independent consideration. Buyer will not have the right to terminate under this Paragraph 7B. (2) Feasibility Period Extension: Prior to the expiration of the initial feasibility period, Buyer may extend the feasibility period for a single additional period of 30 days by delivering $ 15,000.00 to the title company as additional earnest money. See Special Provisions (a) $ 15,000.00 of the additional earnest ey will be retained by Seller as additional independent.consideration for Buyer's unrestricted right to terminate, but will be credited to the sales price only upon closing of the sale. If Buyer terminates under this Paragraph 7B, -tte- Seller will retain the additional independent consideration. (b) Buyer authorizes escrow agent to release and deliver to Seller the following at any time upon Seller's request without further notice to or consent from Buyer: (i) The additional independent consideration. (ii) (Check no boxes or only one box.) al or $ of the remaining portion of the additional earnest money, which will be refunded to Buyer if Buyer terminates under this Paragraph 7B or if Seller defaults under this contract. DS DS (TXR-1801)07-08-22 Initialed for Identification by Sell , and BuyeG. Page 4 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JOS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Commercial Contract-Improved Property concerning 2504 Kent Street, Bryan.TX 77802 If no dollar amount is stated in this Paragraph 7B(2) as additional earnest money or as additional independent consideration, or if Buyer fails to timely deliver the additional earnest money, the extension of the feasibility period will not be effective. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures) desired by Buyer. (2) Seller, at Seller's expense, will turn on all utilities necessary for Buyer to make inspections, studies, or assessments. (3) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be completed. (4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyer's inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within 10 days after the effective date, Seller will deliver to • Buyer the following to the extent in Seller's possession: (Check all that apply.) (a) a current rent roll of all leases affecting the Property certified by Seller as true and correct; (b) copies of all current leases, including any mineral leases, pertaining to the Property, including any modifications, supplements, or amendments to the leases; (c) a current inventory of all personal property to be conveyed under this contract'and copies of _ any leases for such personal property; (d) copies of all notes and deeds of trust against the Property that Buyer will assume or that Seller will not pay in full on or before closing; 111 (e) copies of all current service, utility, maintenance, and management agreements relating to the ownership and operation of the Property; n (f) copies of current utility capacity letters from the Property's water and sewer service provider; (g) copies of all current warranties and guaranties relating to all or part of the Property; (h) copies of fire, hazard, liability, and other insurance policies that currently relate to the Property; (i) copies of all leasing or commission agreements that currently relate to the tenants of all or part of the Property; X (j) a copy of the "as-built" plans and specifications and plat of the Property; U (k) copies of all invoices for utilities and repairs incurred by Seller for the Property in the 24 months immediately preceding the effective date; (I) a copy of Seller's income and expense statement for the Property from to X (m)copies of all previous environmental assessments, geotechnical reports, studies, or analyses made on or relating to the Property; °S DS (TXR-1801)07-08-22 Initialed for Identification by Selle , and Buy , Page 5 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: MS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.corn Commercial Contract-Improved Property concerning 2504 Kent Street. Bryan,TX 77802 n (n) real and personal property tax statements for the Property for the previous 2 calendar years; X (o) Tenant reconciliation statements including, operating expenses, insurance and taxes for the Property from January 1, 2024 to December 5, 2024 ; and (p) • (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; X (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller delivered to Buyer or Buyer copied in any format; and (c) deliver to Seller copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This Paragraph 7D(2) survives termination of this contract. E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer's written approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease, or make any amendment or modification to any existing lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before closing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets or damages; (3) any non-occupancy of the leased premises by a tenant; (4) any advance sums paid by a tenant under any lease; (5) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (6) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates:Within N/A days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TXR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates. DS DS (TXR-1801)07-08-22 Initialed for Identification by Selle and BuyeL , Page 6 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Commercial Contract-Improved Property concerning 2504 Kent Street Bryan,TX 77802 9. BROKERS: A. The brokers to this sale are: Principal Broker: Oldham Goodwin Group,LLC Cooperating Broker: Agent: Clinton Oldham&Jody Slaughter Agent: Address: 2800 S Texas Ave,Ste 401 Address: Bryan,TX 77802 Phone&Fax: (979)268-2000 Phone & Fax: E-mail: Jody.Slaughter@OldhamGoodwin.com E-mail: License No.: 558520 License No.: Principal Broker: (Check only one box) Cooperating Broker represents Buyer. X represents Seller only. represents Buyer only. is an intermediary between Seller and Buyer. B. Fees: (Check only(1) or(2) below.) (Complete the Agreement Between Brokers on page 15 only if(1) is selected.) (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. X (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: n 4.000 % of the sales price. % of the sales price. • • The cash fees will be paid in Brazos County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 without the written consent of the brokers affected by the amendment. 10. CLOSING: A. The date of the closing of the sale (closing date) will be on or before the later of: (1) X 30 days after the expiration of the feasibility period. (specific date). • (2) 7 days after objections made under Paragraph 6D have been cured or waived. B. If either party fails to close by the closing date, the non-defaulting party may exercise the remedies in Paragraph 15. DS DS (TXR-1801)07-08-22 Initialed for Identification by SeIle , and Buy , Page 7 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: .LDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www,lwolf.com Commercial Contract-Improved Property concerning 2504 Kent.Street,Bryan,TX 77802 C. At closing, Seller will execute and deliver to Buyer, at Seller's expense, a general X special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or Uniform Commercial Code or other security interests against the Property which will not be satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes on the Property; (2) a bill of sale with warranties to title conveying title, free and clear of all liens, to any personal property defined as part of the Property in Paragraph 2 or sold under this contract; (3) an assignment of all leases to or on the Property; (4) to the extent that the following items are assignable, an assignment to Buyer of the following items as they relate to the Property or its operations: (a) licenses and permits; (b) service, utility, maintenance, management, and other contracts; and (c) warranties and guaranties; (5) a rent roll current on the day of the closing certified by Seller as true and correct; (6) evidence that the person executing this contract is legally capable and authorized to bind Seller; (7) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds an amount sufficient to comply with applicable tax law; and (ii) deliver the amount to the Internal Revenue Service together with appropriate tax forms; and (8) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and the issuance of the title policy, all of which must be completed and executed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord-tenant at sufferance relationship between the parties. p—DS DS TS r G (TXR-1801)07-08-22 Initialed for Identification by Seller, and Buye Page 8 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: MS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Commercial Contract-Improved Property concerning 2504 Kent Street,Bryan,TX 77802 12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict with other provisions of this contract. (If special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22D.) Paragraph 7.B(2) -The Buyer's right to terminate during the Feasibility Extension Period shall be limited solely to the Buyer's failure to obtain zoning approval from the City of Bryan. 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees; (2) release of Seller's loan liability, if applicable; (3) tax statements or certificates; (4) preparation of the deed and any bill of sale; • (5) one-half of any escrow fee; (6) costs to record any documents to cure title objections that Seller must cure; and (7) other expenses that Seller will pay under other provisions of this contract. B. Buyer's Expenses: Buyer will pay for the following,at or before closing: (1) all loan expenses and fees; (2) preparation fees of any deed of trust; (3) recording fees for the deed and any deed of trust; (4) premiums for flood and hazard insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; and (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) If the amount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. B. Rollback Taxes: If Seller's use or change in use of the Property before closing results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments will be the obligation of Buyer. This Paragraph 14B survives closing. DS Ds TS Nl.a (TXR-1801)07-08-22 Initialed for Identification by Sell , and Buy Page 9 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: .1DS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com uocusign tnveiope w:UUCCLOo4-ouL,-'I rr-auau-a IOOL,No4rri4H Commercial Contract-Improved Property concerning 2504 Kent Street.Bryan.TX 77802 C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(4)which Seller may pursue, or (Check if applicable) enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or (2) enforce specific performance, or seek such other relief as may be provided by law, or both. 16. CASUALTY LOSS AND CONDEMNATION: A. If any part of the Property is damaged or destroyed by fire or other casualty after the effective date, Seller must restore the Property to its previous condition as soon as reasonably possible and not later than the closing date. If, without fault, Seller is unable to do so, Buyer may: (1) terminate this contract and the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer; (2) extend the time for performance up to 15 days and closing will be extended as necessary; or (3) accept at closing: (i) the Property in its damaged condition; (ii) an assignment of any insurance proceeds Seller is entitled to receive along with the insurer's consent to the assignment; and (iii) a credit to the sales price in the amount of any unpaid deductible under the policy for the loss. B. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: (1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, less any independent consideration under Paragraph 7B(1), will be refunded to Buyer; or (2) appear and defend the condemnation proceedings and any award will, at Buyer's election, belong to: (a) Seller and the sales price will be reduced by the same amount; or (b) Buyer and the sales price will not be reduced. 17.ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non-prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contrac . , S (TXR-1801)07-08-22 Initialed for Identification by Belle , and Buy , Page 10 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Commercial Contract-Improved Property concerning 2504 Kent Street, Bryan.TX 77802 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties. B. If one party makes written demand for the earnest money, the title company will give notice of the demand by providing to the other party a copy of the demand. If the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand to the other party, the title company may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing any earnest money to Buyer and will pay the independent consideration to Seller. D. If the title company complies with this Paragraph 18, each party hereby releases the title company from all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days after receipt of the request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. Seller Buyer intend(s) to complete this transaction as a part of an exchange of like-kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this contract will not be affected in the event the contemplated exchange fails to occur. 19. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) n A. Seller is not aware of any material defects to the Property except as stated in the attached Commercial Property Condition Statement (TXR-1408). X B. Except as otherwise provided in this contract, Seller is not aware of: (1) any subsurface: structures, pits, waste, springs, or improvements; (2) any pending or threatened litigation, condemnation, or assessment affecting the Property; (3) any environmental hazards or conditions that materially affect the Property; (4) whether the Property is or has been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (5) whether radon, asbestos containing materials, urea-formaldehyde foam insulation, lead-based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants), or other pollutants or contaminants of any nature now exist or ever existed on the Property; (6) any wetlands, as defined by federal or state law or regulation, on the Property; (7) any threatened or endangered species or their habitat on the Property; (8) any present or past infestation of wood-destroying insects in the Property's improvements; (9) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; DS (TXR-1801)07-08-22 Initialed for Identification by Selle and Buye Page 11 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St !Crystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Commercial Contract-Improved Property concerning 2504 Kent Street,Bryan,TX 77802 (10)any material physical defects in the improvements on the Property; or (11) any condition on the Property that violates any law or ordinance. (Describe any exceptions to (1)-(11) in Paragraph 12 or an addendum.) 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand-delivered, mailed by certified mail return receipt requested, sent by a national or regional overnight delivery service that provides a delivery receipt, or sent by confirmed facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. n A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. X B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigation and will equally share the costs of a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. 22.AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. All,individuals signing represent that they have the authority to sign on behalf of and bind the party for whom they are signing. B. This contract contains the entire agreement of the parties and may not be changed except in writing. C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply.) (1) Property Description Exhibit identified in Paragraph 2; (2) Commercial Contract Condominium Addendum (TXR-1930) or (TXR-1946); (3) Commercial Contract Financing Addendum (TXR-1931); (4) Commercial Property Condition Statement (TXR-1408); (5) Commercial Contract Addendum for Special Provisions (TXR-1940); (6) Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (TXR-1906); n (7) Notice to Purchaser of Real Property in a Water District (MUD); (8) Addendum for Coastal Area Property (TXR-1915); ❑ (9) Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TXR-1916); X (10) Information About Brokerage Services (TXR-2501); (11) Information About Mineral Clauses in Contract Forms (TXR-2509); (12) Notice of Obligation to Pay Improvement District Assessment (TXR-1955, PID); (13) (Note: Counsel for Texas REALTORS® has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC)or published by Texas REALTORS®are appropriate for use with this form.) DS DS tika (TXR-1801)07-08-22 Initialed for Identification by Sell and Buy r Page 12 of 15 Oldham Goodwin Group,LLC,2800 S.Texas,Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com Commercial Contract-Improved Property concerning 2504 Kent Street. Bryan,TX 77802 E. Buyer X may may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all of Buyer's obligations under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or Federal Reserve Bank holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or Federal Reserve Bank holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the date the title company receipts this contract after all parties execute this contract. 25.ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of the state, §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included as part of this contract(the Addendum for Coastal Area Property(TXR-1915) maybe used). E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract (the Addendum for Property Located Seaward of the Gulf Intracoastal Waterway (TXR-1916) maybe used). F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra-territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located in the general proximity of the Property for further information. G. If apartments or other residential units are on the Property and the units were built before 1978, federal law requires a lead-based paint and hazard disclosure statement to be made part of this contract (the Addendum for Seller's Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards (TXR-1906) may be used). p—DS (TXR-1801)07-08-22 Initialed for Identification by Seller---, and Buyer G, Page 13 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com ✓va.w.yn u,vc.vt.c.✓.,va✓ -v✓..w..r.--......+-..,.....+....�..,�.. Commercial Contract-Improved Property concerning 2504 Kent Street.Bryan,TX 77802 H. Section 1958.154, Occupations Code requires Seller to provide Buyer a copy of any mold remediation certificate issued for the Property during the 5 years preceding the date the Seller sells the Property. I. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified to determine the credit worthiness of the parties. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property adjoins an impoundment of water, including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored in the impoundment; or (2) drought or flood conditions." J. PUBLIC IMPROVEMENT DISTRICTS: If the Property is in a public improvement district, Seller is required by §5.014, Property Code to give Buyer a written notice concerning the obligation to pay assessments. The form of the required notice is available as a part of the Notice of Obligation to Pay Improvement District Assessment (TXR-1955). K. LICENSE HOLDER DISCLOSURE: Texas law requires a real estate license holder who is a party to a transaction or acting on behalf of a spouse, parent, child, business entity in which the license holder owns more than 10%, or a trust for which the license holder acts as a trustee or of which the license holder or the license holder's spouse, parent or child is a beneficiary, to notify the other party in writing before entering into a contract of sale. Disclose if applicable: 26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, on December 12, 2024 , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: Rosenbaum-Schoenvogel Investments, LP Buyer:Mike Gentry or Assigns ,-DocuSigned by: 1-DocuSigned by: BY: 'hn cat6.r 1 By: auAirti �L By(signature): By(signature): Printed Name:`—r�i "'� fl9LQ1/11/2024 Printed Name: 1�ff 9 r .. 12/11/2024 Title: Title: By: By: By(signature): By(signature): Printed Name: Printed Name: Title: Title: (TXR-1801)07-08-22 Page 14 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.Iwoif.com Commercial Contract-Improved Property concerning 2504 Kent Street. Bryan.TX 77802 AGREEMENT BETWEEN BROKERS (use only if Paragraph 9B(1)is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: $ , or % of the sales price, or % of the Principal Broker's fee. The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers and agreements for compensation between brokers. Principal Broker: Cooperating Broker: By: By: ATTORNEYS • Seller's attorney: Buyer's attorney: Address: Address: Phone&Fax: Phone&Fax: E-mail: E-mail: Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents, notices, and other information: notices, and other information: n the title company sends to Seller. n the title company sends to Buyer. Buyer sends to Seller. Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of: A. the contract on this day (effective date); I B. earnest money in the amount of$ in the form of on Title company: Address: By: Phone&Fax: Assigned file number(GF#): E-mail: (TXR-1801)07-08-22 Page 15 of 15 Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf.com va,..uaIV I 1-.11VGI IJ „., ,.. 11/2/2015 Information About Brokerage Services EQUAL HOUSING Texas law requires all real estate licensees to give the following information about OPPORTUNITY brokerage services to prospective buyers, tenants, sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: • A BROKER is responsible for all brokerage activities,including acts performed by sales agents sponsored by the broker. • A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BY LAW(A client is the person or party that the broker represents): • Put the interests of the client above all others,including the broker's own interests; • Inform the client of any material information about the property or transaction received by the broker; • Answer the client's questions and present any offer to or counter-offer from the client;and • Treat all parties to a real estate transaction honestly and fairly. A LICENSE HOLDER CAN REPRESENT A PARTY IN A REAL ESTATE TRANSACTION: AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about the property or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or seller's agent. AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print,set forth the broker's obligations as an intermediary.A broker who acts as an intermediary: • Must treat all parties to the transaction impartially and fairly; • May, with the parties' written consent, appoint a different license holder associated with the broker to each party (owner and buyer)to communicate with,provide opinions and advice to,and carry out the instructions of each party to the transaction. • Must not,unless specifically authorized in writing to do so by the party,disclose: o that the owner will accept a price less than the written asking price; o that the buyer/tenant will pay a price greater than the price submitted in a written offer;and o any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law.AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the buyer.A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. TO AVOID DISPUTES,ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH: • The broker's duties and responsibilities to you,and your obligations under the representation agreement. • Who will pay the broker for services provided to you,when payment will be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for you to use the broker's services.Please acknowledge receipt of this notice below and retain a copy for your records. Oldham Goodwin Group, LLC 532457 Casey.OldhamaOldhamGoodwin.com (979)268-2000 Licensed Broker/Broker Firm Name or License No. Email Phone Primary Assumed Business Name Casey Oldham 496524 Casey.Oldham@iOldhamGoodwin.com (979)268-2000 Designated Broker of Firm License No. Email Phone Clinton D.Oldham 555666 Clint.Oldham@ OldhamGoodwin.com (979)268-2000 Licensed Supervisor of Sales Agent/ License No. Email Phone Associate Jody D.Slaughter ,-Ds Ds 558520 Jody.Slaughter@OldhamGoodwin.com (979)268-2000 Sales Agent/Associate's Name License No. Email Phone Aka 12/11/2024 ` uyel/Tenant/Seller/Landlord Initials Date Regulated by the Texas Real Estate Commission Information available at www.trec.texas.gov TABS 1-0 Date Oldham Goodwin Group,LLC,2800 S.Texas Ave.Ste 401 Bryan TX 77802 Phone:9794501478 Fax: JDS:2504 Kent St Krystal Clements Produced with Lone Wolf Transactions(zipForm Edition)717 N Harwood St,Suite 2200,Dallas,TX 75201 www.lwolf com Item Coversheet Page 1 of 1 • •7r� 1�7t' oo y`0. '� ti�y. BRAZOS COUNTY • BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 10/6/2020 ITEM: Approval of Contract#21-048 for Elevator Maintenance with Kone, Inc. .TO: Commissioners Court FROM: Summer Dubec DATE: 09/22/2020 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Tyne • • Partially Executed Contract - Kone.pdf Contract#21-048 for Elevator Maintenance with Kone,Inc Backup Material h++ne-//lnra•7ne nn‘meacrancla enm/acrpnclaurPh/C'nvprShP.P.t aenx9Tte.mTT)=7197R 1 n/1/7mn fi 0 jf4IF it' • i 15 • Exhibit 4 KONE Inc.Proposal to Supply Elevator,Escalator,Moving Walkway Maintenance, Repair,Modernization and Related,Products,Services and Solutions under the U.S.Communities Program utilizing the Terms and Conditions of the City of Kansas City Master Contract • " (Reference GENRL-EV2516 dated.December 1st,2018) The parties hereby agree to be bound to the Terms and Conditions of the City of Kansas City Master Contract(Reference GENRL-EV2516 dated December 1s`;2018) ("Contract"),together with those terms and conditions contained in this Exhibit 4(collectively,"Service Agreement").In the event of conflict between terms and conditions contained in the Contract and this Exhibit 4,the terms in this Exhibit 4 shall supersede and prevail. 1. PROPOSED UNITS do EQUIPMENT PRICING: Location Address Elevators Other Pricing • Brazos County Court House: 4 $1,125.00/month Brazos County Administration 1 $330.00/month Sheriff's Office 1 $135.00/month ••• Brazos County Jail • 2 $270.00/month Expo Building 2 $270.00/month Tax Office 1 • $65.00/month QEI Fees $125.00/month 2. All references to the State of Missouri statutes are deleted and the equivalent Texas statutes are substituted in their place. • • **KRMS-Elevator Phone Monitoring Y N • **Requires execution and completion on the CIS (Customer Information Sheet) before phones can be programmed to KONE. NSA 00-0036 12/2018 • APPLICABLE LAW .This Agreement shall be construed and enforced in accordance with,and the validity and performance of shall be governed by, the laws of the State of PROPOSED SCOPE OF WORK: Per Attachment D: Scope of Services City of Kansas City/U.S.Communities Master Agreement#EV2516: -Class "A"Complete Preventative Maintenance is INCLUDED as the scope of work for this contract,and includes REGULAR TIME CALLOUTS. • NSA-00-0036 12/2018 ACCEPTANCE Service Agreement Effective Date: October 25,2020 Service Agreement Number:'TED The parties to this service agreement agree to the conditions contained herein: Sign for on behalf,. : icipating Public Agency (Signature) 1 �- 2-ems (Print Name) ekti Tuctost (Print Title) . Date: / (9/110 Respectfully submitted, KONE Inc. Madelin Barnett QNV • (Submitted By) • (Approved By) Authorized Representative (Title) Date: f/scI i.o a NSA-00-0036 . 12/2018 OMNIA PARTNERS _NA TIONALIPA cEgym LIEFtrs ELEVATOR AND ESCALATOR MAINTENANCE AND SERVICES. Executive Summary Lead Agency: City of Kansas City,MO Solicitation: RFP#EV2516 RFP Issued:May 1, 2018 Pre-Proposal Date: May 15, 2018 Response Due Date:June 8, 2018 Proposals Received:1 Awarded to: Kone, Inc. The City of Kansas City, Missouri Procurement Services Division issued RFP#EV2516 on May 1, 2018,to establish a national cooperative contract for Elevator and Escalator Maintenance and Services. The solicitation included cooperative purchasing language in Section 3-U.S. Communities and Section 22- Cooperative Procurement with other jurisdictions. Notice of the solicitation was sent to potential offerors, as well as advertised in the following: • City of Kansas City website • Daily Journal of Commerce,WA • US Communities Website • Honolulu Star-Advertiser, HI • Business Tribune, Oregon • The Advocate—New Orleans, LA On June 8,2018 proposals were received from the following offerors: • Kone, Inc. The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with Kone, Inc.and proceeding with contract award upon successful completion of negotiations. The City of Kansas City, U.S. Communities and Kone, Inc.successfully negotiated a contract,and the City of Kansas City executed the agreement with a contract effective date of December 1,2018. Contract includes: • Comprehensive elevator and escalator maintenance/services for vertical transportation needs • Maintenance and safety inspections and certification programs • Elevator phone monitoring 24x7x365 Page 1 of 2 • GPS Proximity dispatching of Technician for fastest response time for entrapment • Automatic emails to designated personnel every time a technician provides maintenance, callback or repair services • Kone Care 24/7 Connect utilizing IBM Watson technologies and data analytics • Online training Term: Initial five(5)year agreement from December 1, 2018 through November 30,2024 with the option to renew for three(3)additional two-year periods through November 30,2030. Pricing/Discount: • Fixed pricing for years 1-3 of contract.3.25%price adjustment in year 4 and no increase in year 5.See pricing term for years 6-11. OMNIA Partners, Public Sector Web Landing Pages: https://www.omniapartners.com/publ icsector/contracts/supplier-contracts/kone Page 2 of 2 FACILITY REPAIR AND MAINTENANCE CONTRACT EV2516 ELEVATOR AND ESCALATOR MAINTENANCE AND REPAIR SERVICES GENERAL SERVICES DEPARTMENT THIS CONTRACT is between KANSAS CITY,MISSOURI,a constitutionally chartered municipal corporation("City"),and KONE,INC. ("Contractor"). City and Contractor agree as follows: PART I SPECIAL TERMS AND CONDITIONS Sec.1.Work To Be Performed.The Specification/Scope of Work and any addenda are attached hereto and incorporated into this Contract. Sec.2.Term of Contract and Additional Periods A. Initial Term. The initial term of this Contract shall begin on December 1, 2018 and shall end on November 30,2024 for a six(6)year term. The Manager of Procurement Services is authorized to enter into an amendment of this Contract with CONTRACTOR to extend the term of this Contract and time of performance for this Contract B. Renewal Terms. At any time prior to the expiration of the initial term or any subsequent term,the CITY,in its sole discretion,may renew this Contract for up to five(5)additional one(1)year terms. C. Transition Term. Notwithstanding the expiration of the initial term or any subsequent term or all options to renew, CONTRACTOR and CITY shall continue performance under this Contract until the CITY has a new contract in place with either CONTRACTOR or another provider or until the CITY terminates the Contract. D. The products and services which are subject to this Contract may be covered by a separate maintenance agreement (see Exhibit 4). The term of the maintenance agreement shall be governed by that document and may extend beyond the expiration date of this Contract. Sec.3.Purchase Orders A. City shall order all services to be provided by Contractor under this Contract by means of a Purchase Order issued by the City's Manager of Procurement Services for which funds have been certified and encumbered by the City's Director of Finance. Facility Repair&Maintenance Contract Part 1102014 Contract Central Page 1 of 10 B. Contractor shall not provide any services in excess of the dollar amount contained in any Purchase Order and Contractor shall not be entitled to any payment in excess of the dollar amount of the Purchase Orders from City. Sec.4.Compensation. A. The maximum amount that City shall pay Contractor under this Contract is set forth in the Contract— Contractor's proposal shall provide all work at the prices contained in Contractor's Proposal that'is incorporated herein by reference. • B. Contractor will bill the City,in a form acceptable to the City,on the following basis: C. It shall be a condition precedent to payment of any invoice from Contractor that Contractor is in compliance with, and not in breach or default of, all terms, covenants and conditions of this Contract. If damages are sustained by City as a result of breach or default by Contractor,City may withhold payment(s)to Contractor for the purpose of set off until such time as the exact amount of damages due City from Contractor may be determined. D. It shall be a condition precedent to payment of any invoice from Contractor that Contractor is in compliance with, and not in breach or default ofi all terms, covenants and conditions of this Contract. If damages are sustained by City as a result of breach or default by Contractor,City may withhold payment(s)to Contractor for the purpose of set off until such time as the exact amount of damages due City from Contractor may be determined. E. No request for payment will be processed unless the request is in proper form, correctly computed,and is approved as payable under the terms of this Contract. Sec.5.Notices.All notices required by this agreement shall be in writing sent to the following: City: General Services Department Procurement Services Division Cedric Rowan,Manager of Procurement Services City Hall, Floor,Room 102W 414 E. 12th Street Kansas City,MO 64106 Phone:(8i )-513-0814 Facsimile:(816)-513-1066 E-mail address: cedric.rowan@akcmo.org Contractor: Kone,Inc. Contact: Ashley Brauer, Senior Sales Consultant Address: 2700 BiState Drive, Suite 100 Kansas City,MO 64108 Phone: (816)-531-2140(Ext. 10514) Facsimile: (816)-531-5523 E-mail address: ashley.brauer@kone.com All notices are effective a) when delivered in person, b) upon confirmation of receipt when transmitted by facsimile transmission or by electronic mail, c) upon receipt after dispatch by registered or certified mail,postage prepaid, d)on the next business day if transmitted by overnight Facility Repair&Maintenance Contract Part I 102014 Contract Central Page 2 of 10 courier(with confirmation of delivery),or e)three business days after the date of mailing,whichever is earlier. Sec. 6. Merger. This Contract consists of Part I, Special Terms and Conditions and any Attachments and any documents incorporated by reference; and Part II, Standard Terms and Conditions.This Contract,including any Attachments and incorporated documents, constitutes the entire agreement between City and Contractor with respect to this subject matter. Sec. 7. Conflict Between Contract Parts. In the event of any conflict or ambiguity between the Special Contract Terms and Conditions of Part I and the Standard Terms and Conditions of Part II of this Contract,Part I will be controlling. For any participating public agency,Exhibit 4 will be the controlling document and prevail over Part I and Part II of this Contract. Sec. 8. Minority and Women's Business Enterprises. See Exhibit 1: City of Kansas City Special Requirements Sec. 9. Workforce. If Contractor is required to pay prevailing wages for the work performed pursuant to this Contract, Contractor agrees to comply with all requirements of City's Construction Employment Program as enacted in City's Code, Sections 3-501 through 3-525 and as hereinafter amended. Contractor shall meet or exceed the construction employment goals unless the same shall have been waived in the manner provided by law. Contractor's compliance with this provision is a material part of this Contract. Contractor shall comply with City's Workforce Program Reporting System requirements. Contractor shall use City's Internet web based Workforce Program Reporting System provided by City and protocols included in that•software during the term of this Contract. Contractor shall maintain user applications to City's provided system for all applicable personnel and shall require subcontractors to maintain applications. Sec. 10.Bonds and Surety. See Exhibit 1: City of Kansas City Special Requirements Sec. 11. Subcontracting. A. Contractor shall not employ or retain any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom City has a reasonable objection,including but not limited to debarment by City or another governmental entity or decertification of the Subcontractor from the City's Minority and Women's Business Enterprise Program as a result of the Subcontractor's failure to comply with any of the requirements of the provisions of Chapter 3 of the City's Code as determined by the Director of the Human Relations Department. Contractor shall insert this provision in any subcontractor agreement associated with this Contract Contractor hall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom Contractor has reasonable objection. B. Contractor shall submit required information for all Subcontractors on Form 01290.09 Subcontractors and Major Material Suppliers List, provided in these Contract Documents,prior to Subcontractor beginning Work at the Site. C. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor's own acts and omissions. Facility Repair&Maintenance Contract Part I 102014 Contract Central Page 3 of 10 D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor. Sec. 12. Prevailing Wage. A. Prevailing Wage. 1. Contractor shall comply and require its Subcontractors to comply with; a. Sections 290.210 to 290.340, RSMo the State of Missouri Prevailing Wage Law (the"Law"); and b. 8 CSR 30-3.010 to 8 CSR 30-3.060, the Prevailing Wage Law Rules (the "Rules");and c. the Annual Wage Order (Wage Order) issued by the State of Missouri's Department of Labor and Industrial Relations;and d. any applicable Annual Incremental Wage Increase (Wage Increase) to the Annual Wage Order. 2. The Law,Rules, Wage Order and any Wage Increase are incorporated into and made part hereof this Contract and shall be collectively referred to in this Section as the "Prevailing Wage Requirements." In the event this Contract is renewed for an additional team, the Wage Order in effect as of the commencement date of the additional term, as amended by any applicable Wage Increase, shall be deemed incorporated herein and shall apply to and remain in effect for the duration of the additional term. The new Wage Order and any applicable Wage Increase shall govern notwithstanding the fact that the Wage Order being replaced might be physically attached to this Contract 3. Contractor shall pay and require its Subcontractors to pay to all workers performing work under this Contract not less than the prevailing hourly rate of wages for the class or type of work performed by the worker in accordance with the Law, Rules, Wage Order and any applicable Wage Increase. Contractor shall take whatever steps are necessary to insure that the prevailing hourly wage rates are paid and that all workers for Contractor and each of its Subcontractors are paid for the class or type of work performed by the worker in accordance with the Prevailing Wage Requirements. 4. Prior to each of its Subcontractors beginning Work on the Site, Contractor shall require each Subcontractor to complete City's Form 00490 entitled "Pre-contract Certification"that sets forth the Subcontractor's prevailing wage and tax compliance history for the two(2) years prior to the bid. Contractor shall retain one(1)year and make the Pre-contract Certifications available to City within five (5) days after written request. 5. Contractor shall keep and require each of its Subcontractors engaged in the construction of public works in performance of the Contract to keep full and accurate records on City's: • a. Keep and require each of its Subcontractors engaged in the construction of public works in performance of the Contract to keep full and accurate records on City's Facility Repair&Maintenance Contract Part I 102014 Contract Central Page 4 of 10 "Daily Labor Force Report" Form indicating the worker's name, occupational title or classification group and skill and the workers' hours. City shall furnish blank copies of the Daily Labor Force Report Fonn to Contractor for its use and for distribution to Subcontractors. Contractor shall submit its and its. Subcontractors Daily Labor Force Reports to City each day;and b. Submit, and require each of its Subcontractors engaged in the construction of public works in performance of the Contract to submit,electronically,in a format prescribed by the City, Certified Payroll Report Information indicating the worker's name, address, social security number, occupation(s), craft(s) of every worker employed in connection with the public work together with the number of hours worked by each worker" and the actual wages paid in connection with the Project and other pertinent information as requested by the City;and c. Submit, and require each of its Subcontractors engaged in the construction of public works in performance of the Contract to submit, electronically, in format prescribed by the City, a Payroll Certification. The Payroll Certification must be signed by the employee or agent who pays or supervises the payment of the workers employed under the Contract for the Contractor and each Subcontractor. d. The Daily Labor Force Report, documents used to compile information for the Certified Payroll Report, and Payroll Certification are collectively referred to in this Section as the"Records." 6. Contractor shall make all of Contractor's and Subcontractors' Records open to inspection by any authorized representatives of City and the Missouri Department of Labor and Industrial Relations at any reasonable time and as often as they may be necessary and such Records shall not be destroyed or removed from the State of Missouri for a period of one(1) year following the completion of the public work in connection with which the Records are made. Contractor shall have its and its Subcontractors Certified Payroll Reports and Payroll Certifications available at the Contractor's office and shall provide the Records to the City electronically at City's sole discretion. In addition, all Records shall be considered a public record and Contractor shall provide the Records to the City in the format required by the City within three (3) working days of any request by City at the Contractor's cost. City, in its sole discretion, may require Contractor to send any of the Records directly to the person who requested the Record at Contractor's expense. 7. Contractor shall post and keep posted a clearly legible statement of all prevailing hourly wage rates to be paid to all workers employed by Contractor and each of its Subcontractors in the performance of this Contract in a prominent and easily accessible place at the Site of the Work by all workers. 8. If the Contract Price exceeds $250,000.00, Contractor shall and shall require each Subcontractor engaged in any construction of public works to have its name, acceptable abbreviation or recognizable logo and the name of the city and state of the mailing address of the principal office of the company, on each motor vehicle and motorized self-propelled piece of equipment which is used in connection with the Project during the time the Contractor or Subcontractor is engaged on the project. The sign shall be legible from a distance of twenty (20') feet, but the size of the lettering need not be larger than two (2") inches. In cases where equipment is leased Facility Repair&Maintenance Contract Part I 1.02014 Contract Central Page 5 of 10 • or where affixing a legible sign.to the equipment is impractical, the Contractor may place a temporary stationary sign, with the information required pursuant to this section, at the main entrance of the Project in place of affixing the required information on the equipment so long as such sign is not in violation of any state or federal statute, rule or regulation. Motor vehicles which are required to have similar information affixed thereto pursuant to requirements of a regulatory agency of the state or federal government are exempt from the provisions of this subsection. 9. Contractor must correct any errors in Contractor's or any Subcontractors' Records, or Contractor's or any Subcontractors' violations of the Law,Rules, Annual Wage Order and any Wage Increase within fourteen (14) calendar days after notice from City. 10. Contractor shall and shall require its Subcontractors to cooperate with the City and the Department of Labor and Industrial Relations in the enforcement of this Section, the Law, Rules, Annual Wage Order and any Wage Increase. Contractor shall and shall require its Subcontractors to permit City and the Department of Labor and Industrial Relations to interview any and all workers during working hours on the Project at Contractor's sole cost and expense. 11. Contractor shall file with City, upon completion of the Project and prior to final payment therefore, affidavits from Contractor and each of its Subcontractors, stating that each has fully complied with the provisions and requirements of the Missouri Prevailing Wage Law. City shall not make final payment until the affidavits, in proper form and order, from Contractor and each of its Subcontractors, are filed by Contractor. 12. Contractor shall forfeit as a statutory penalty to the City one hundred dollars (S100.00) for each worker employed, for each calendar day,or portion thereof such worker is paid less than the prevailing hourly rates for any work done under this Contract, by Contractor or by any of Contractor's Subcontractors. If Contractor or any of its Subcontractors have violated any section(s) of 290.210 to 290.340,RSMo, in the course of the execution of the Contract;City shall when making payments to the Contractor becoming due under this Contract, withhold and retain therefrom all sums and amounts due and owing as a result of any violation of sections 290.210 to 290.340,RSMo. B. Prevailing Wage Damages. Contractor acknowledges and agrees that, based on the experience of City, violations of the Missouri Prevailing Wage Act, whether by Contractor or its Subcontractors, commonly result in additional costs to City. Contractor agrees that additional costs to City for any particular violation are difficult to establish and include but are not limited to: costs of construction delays, additional work for City, additional interest expenses, investigations, and the cost of establishing and maintaining a special division working under the City Manager to monitor prevailing wage compliance. 1. In the event of the failure by Contractor or any of its.Subcontractors to pay wages as provided in the Missouri Prevailing Wage Act, City shall be entitled to deduct from the Contract Price, and shall retain as liquidated damages, one hundred dollars • (S100.00) per day, per worker who is paid less than the prevailing hourly rate of wages,to approximate the additional costs. The sum shall be deducted,paid or owed Facility Repair&Maintenance Contract Part I 102014 Contract Central Page 6 of 10 whether or not the Contract Times have expired. 2. City shall give written notice to Contractor setting forth the workers who have been underpaid, the amount of the statutory penalty and the amount of the liquidated damages as provided for in this Subparagraph. Contractor shall have fourteen (14) calendar days to respond,which time may be extended by City upon written request. If Contractor fails to respond within the specified time, the City's original notice shall be deemed final. If Contractor responds to City's notice, City will furnish Contractor a final decision in writing within five (5) days of completing any investigation. C. Excessive Unemployment. 1. Resident Laborers"means laborers who have been residents of the State of Missouri for at least thirty days and who intend to remain Missouri residents, and residents of Nonrestrictive States. 2. "Nonrestrictive States" means states identified by the Missouri Department of Labor and Industrial Relations Division of Labor Standards that have not enacted state laws restricting Missouri laborers from working on public works projects. A list of Nonrestrictive States can be found on the Division web site at http://www.dolir.mo.gov/ls/index.htm. 3. A period of Excessive Unemployment is declared when the Missouri Department of Labor and Industrial Relations Division of Labor Standards provides notice of such declaration. When in effect, notice will be provided on the Division web site at http://www.dolir.mo.gov/ls/index.htm. It is Contractor's obligation to determine whether a period of Excessive Unemployment is in effect when this Contract is let. 4. Contractor agrees to follow the provisions of Section 290.560-290.575 RSMo and agrees that if a period of Excessive Unemployment has been declared at any point during the term of this Contract, it will employ and require all Subcontractors of whatever tier to employ only Resident Laborers for the Work to be performed under this Contract. Provided,however,Contractor may use laborers who are not.Resident Laborers when Resident Laborers are not available or are incapable of performing the particular type of work involved if Contractor so certifies in writing to City and City issues a written approval. This provision does not apply to regularly employed nonresident executive,supervisory or technical employees. Sec. 13. Attachments to Part I. The following documents are Attachments to Part I of this Contract and are attached hereto and incorporated herein by this reference: Attachment A RFP EV2516 Attachment B—Proposer Response dated June 8,2018 Attachment C- Clarification Questions and Answers Attachment D - Scope of Services revised per Clarification Questions Attachment E- Facility Repair and Maintenance Contract Part II i. Exhibit 1:City of Kansas City Special Requirements ii. Exhibit 2: City of Kansas City Pricing Schedule Exhibit 3:National Pricing Schedule iv. Exhibit 4:Participating Public Agency Service Level Agreement Attachment F—00620 Insurance Certificate Facility Repair&Maintenance Contract Part 1102014 Contract Central Page 7 of 10 THE BELOW FORMS ARE SPECIFIC TO THE CITY OF KANSAS CITY,MO Attachment G—HRD Forms &Instructions 00440 HRD 5: Construction Contract HRD Instructions 00450 HRD 8: Contractor Utilization Plan/Request for Waiver 00450.01 Letter of Intent to Subcontract 00460 HRD 10:Timetable for MBE/WBE Utilization 00470 HRD 11:Request for Modification or Substitution 00485 HRD Monthly Reporting Forms Attachment H-Bonds 00610 Performance and Maintenance Bond 00615 Payment Bond Attachment I—00830 Wage Rate Requirements Annual Wage Order#25 County—Cass, Clay,Jackson,Platte or Ray Work Type: State—Heavy State—Building Division of Labor StRndRrds Rules&Regulations 01290.08 Wage Rate Verification Questionnaire 01290.09 Subcontractors and Major Material Suppliers List 01290.11 Daily Labor Force Report 01290.14 Contractor Affidavit for Final Payment 01290.15 Subcontractor Affidavit for Final Payment Attachment J—00560 Missouri Project Exemption Certificate 00560.01 Kansas City Missouri Tax Exempt Certificate Attachment'K—00630 Revenue Clearance Release Authorization Attachment L—00515.01 Employee Eligibility Verification Affidavit Sec. 14. Missouri Sales Tax Exemption. Pursuant to Section 144.062, RSMo, City is a Missouri exempt entity and tangible personal property to be incorporated or consumed in the construction of this Project may be purchased without sales tax. City shall furnish Contractor a Missouri Project Exemption Certificate for Sales Tax at the time of issuance of the Notice to Proceed. Sec.15. Emergencies. (a) Disaster means any large scale event such as an act of terrorism, fire, wind, flood, earthquake or other natural or man-made calamity which results in, or has the potential to result in a significant loss of life or property. (b) During and after a disaster, CONTRACTOR shall provide special services to the CITY including CONTRACTOR shall open CONTRACTOR's facilities even on nights and weekends as necessary to meet the needs of the City during a disaster. (c) CONTRACTOR shall not charge CITY any fee for opening facilities during an emergency or for extending CONTRACTOR's hours of operation during a disaster. CITY shall pay CONTRACTOR the agreed upon contract prices for all purchases Facility Repair&Maintenance Contract Part I 102014 Contract Central Page 8of10 made by CITY during the disaster and CONTRACTOR shall not charge CITY any additional mark-up,fee or cost for any purchases made by CITY during a disaster. (d) CONTRACTOR shall quickly mobilize CONTRACTOR's internal and external resources to assist CITY when a disaster unfolds. (e) Extended hours and personnel. During disasters, CONTRACTOR's facilities shall stay open 24 hours if requested by the CITY. CONTRACTOR shall utilize additional CONTRACTOR personnel to take CITY orders if necessary. CONTRACTOR's Call Center shall accept phone orders 24 hours a day. (f) CONTRACTOR shall have contingency plans with CONTRACTOR's suppliers to provide additional supplies and equipment quickly to CITY as needed. (g) CONTRACTOR shall cooperate with CITY to properly document any and all expenses incurred by CITY with CONTRACTOR and CONTRACTOR shall assist CITY in meeting any and all documentation requirements of the Federal Emergency Management Agency(FEMA). Facility Repair&Maintenance Contract Part I 102014 Contract Central Page 9of10 •THIS CONTRACT CONTAINS 1JiEDE1VINIFICATION PROVISIONS CONTRACTOR I hereby certify that I have authority to execute this document on behalf Contractor Date 1\11Ai 1 q TitIe t t.vrtA KANasr7eSSOURI • Title: Manner of Procurement Services Approved • ttomey • • Facility Repair&Maintenance Contract Part I 102014 Contract Central Page 10 of 10 PART II agent. Contractor has no authority to take any action or execute any documents on behalf of FACILITY REPAIR&MAINTENANCE City. CONTRACT Sec.3. Insurance. 1 ,r STANDARD TERMS AND CONDITIONS A. Contractor shall procure and maintain Sec.I. General Indemnification. in effect throughout the duration of this Contract A. For purposes of this Section i insurance coverage of the types and amounts only, the following term s shall have the specified in this section. In the. event that meanings listed: additional insurance, not specified herein, is required during the term of this Contract, 1. Claims means all claims, Contractor shall supply such insurance at City's damages, liability, losses, costs and expenses, cost. Policies containing a Self-Insured court costs and reasonable attorneys' fees, Retention are unacceptable to City unless City including attorneys' fees incurred by the City in approves in writing the Contractor's Self- the enforcement of this indemnity obligation. Insured Retention. 2. Contractor's Agents means 1. Commercial General Liability Contractor's officers,employees, subconsultants, Insurance: with limits of $1,000,000 per subcontractors, successors, assigns, invitees and occurrence and$2,000,000 aggregate,written on other agents. • an "occurrence" basis. The policy shall be 3. City means City and its agents, written or endorsed to include the following officials,officers and employees. provisions: B. Contractor's obligations under this a. Severability of Interests Section with respect to indemnification shall be Coverage applying to Additional Insureds limited to the coverage and limits of General b. Contractual Liability Liability insurance that Contractor is required to • c. Per Project Aggregate procure and maintain under this Contract. Liability Limit Contractor affirms that it has had the opportunity to recover the costs of the liability insurance d. No Contractual Liability required in this Contract in its contract price. Limitation Endorsement C. Contractor shall defend, indemnify and e. An Owners and Contractors hold harmless City from and against all claims Protective Liability Policy(OCPL). arising out of or resulting from all negligent acts 2. Workers' Compensation or omissions in connection with this Contract Insurance: as required by statute, including but only to the extent caused by Contractor or Employers Liability with limits of: Contractor's Agents, regardless of whether or not caused in part by any act or omission, Workers' Compensation Statutory including negligence, of City. Contractor is not Employers Liability$100,000 accident obligated under this Section to indemnify City with limits of: • for the negligence of City. $500,000 disease policy limit D. In no event shall the language in this $100,000 disease-each employee Section constitute or be construed as a waiver or 3. Commercial Automobile Liability limitation of the City's rights or defenses with Insurance: with a limit of$1,000,000 , covering regard to sovereign immunity,. governmental owned, hired, and non-owned automobiles. immunity, or other official immunities and Coverage provided shall be on an "any auto" protections as provided by the federal and state• basis and written on an " each accident" basis. constitutions or by law. This insurance will be written on a Commercial Sec.2.Independent Contractor.Contractor is Automobile Liability form, or acceptable an independent contractor and is not City's equivalent, and will protect against claims arising out of the operation of motor vehicles, as C. • i . Facility Repair&Maintenance Page 1 of 6 Contract Central. Contract Part II 050113 to acts done in connection with the Contract,by required by these Contract Documents, and Contractor. evidence that each is current on its Professional unemployment insurance payments before 4. If applicable, Subcontractors begin Work at the Site. Liability Insurance with limits per claim and • annual aggregate of$2,000,000. Contractor shall retain such evidence in its files and make available to City within ten (10) days B. The Commercial General Liability after written request. Insurance specified above shall provide that City Sec. 4. Governing Law. This Contract shall be and its agencies, officials, officers, and construed and governed in accordance with the employees, while acting within the scope of laws of the State of Missouri without giving their authority, will be named as Named effect to Missouri's choice of law provisions. Insureds on the OCPL for the services The City and Contractor: (1) submit to the performed under this Contract and maintain jurisdiction of the state and federal courts products and completed operations coverage for the duration of this Agreement. Contractor shall located in Jackson County, Missouri; (2) waive provide to City at execution of this Contract a any and all objections to jurisdiction and venue; certificate of insurance showing all required and (3) will not raise forum non conveniens as • coverage and additional insureds. The an objection to the location of any litigation. certificates of insurance will contain a provision Sec. S. Compliance with Laws. Contractor stating that should any of the policies described shall comply with all federal, state and local in the certificate be cancelled before the laws, ordinances and regulations applicable to expiration date thereof, notice will be delivered the work and this contract. in accordance with the policy provisions. Sec. 6. Termination for Convenience. C. All insurance coverage must be written A. City may, at any time upon thirty(30) by companies that have an A.M. Best's rating of days notice to Contractor specifying the "A-V" or better, and are licensed or authorized effective date of termination, terminate this • by the State of Missouri to do business in Contract, in whole or in part. If this Contract is Missouri. terminated by City, City shall be liable only for D. Contractor's failure to maintain the , payment for services rendered before the required insurance coverage will not relieve effective date of termination. Contractor shall Contractor of its contractual obligation to prepare an accounting of the services performed indemnify the City pursuant to Section 1. If the and money spent by Contractor up to the coverage afforded is cancelled or changed or its effective date of termination and shall return to renewal is refused, Contractor shall give at least City any remaining sums within thirty(30) days thirty (30) days prior written notice to City. In of such date. the event of Contractor's failure to maintain the B. If this Contract is terminated prior to required insurance in effect, City may order Contractor's completion of services, all work or Contractor to immediately stop work, and upon materials prepared or obtained by Contractor ten(10) days notice and an opportunity to cure, pursuant to this contract shall become City's may pursue its remedies for breach of this property. Contract as provided for herein and bylaw. E. In no event shall the language in this C. If this Contract is terminated prior to Section constitute or be construed as a waiver or Contractors completion of the services to be limitation of the City's rights or defenses with performed hereunder, Contractor shall return to regard to sovereign immunity, governmental City any sums paid in advance by City for immunity, or other official immunities and services that would otherwise have had to be protections as provided by the federal and state rendered between the effective date of constitutions or by law. termination and the original ending date of the Contract. Contractor shall prepare an accounting F. Contractor shall obtain evidence that all of the services performed and money spent by Subcontractors have in force general, Contractor up to the effective date of termination automobile, and employer's and workers' compensation liability insurance in the amounts L , Facility Repair&Maintenance Page 2 of 6 Contract Central Contract Part II 050113 and shall return to City any remaining sums agree to participate in mediation. Mediator within thirty(30)days of such date. selection and the procedures to be employed in Sec.7. Resolution of Claims the mediation shall be mutually acceptable to . both parties.Cost of the mediation,including the ( A. For purposes of this Section 7 only,the mediator's fees, shall be shared equally among following terms shall have the meanings listed: the parties. 1. A Claim is a demand or assertion I. If the Claim is not resolved during by the Contractor seeking, as a matter of right, mediation,the Contractor agrees that it will file the adjustment of Contract price and/or times no suit based on facts or evidentiary materials with respect to the terms of the Contract. that were not presented for consideration to the City during the mediation process or of which 2. City's Representative--Person or' agency designated to act for the Director. the Contractor had knowledge and failed to present during the administrative procedures. B. The Contractor must give written notice Sec. 8. Default and Remedies. If Contractor to the City's Representative within fourteen(14) shall be in default or breach of any provision of calendar days after the occurrence of the event this Contract, City may terminate this contract, giving rise to the Claim or within fourteen (14) suspend City's performance, withhold payment calendar days after the first recognition of the or invoke any other legal or equitable remedy conditions giving rise to the Claim. After the after giving Contractor notice and opportunity to fourteen (14) day period for filing claims has correct such default or breach. expired, the Claim shall be considered waived unless the Director grantsan extension based on Sec. 9. Waiver. Waiver by City of any term, good cause shown by the Contractor that such . covenant, or condition hereof shall not operate additional time is warranted. The responsibility as a waiver of any subsequent breach of the. to substantiate Claims shall rest with the same or of any other term, covenant or Contractor. condition. No term, covenant, or condition of C. If the claim cannot be resolved by this Contract can be waived except by written direct negotiation between the City's consent of City, and forbearance or indulgence C. Representative and the.Contractor, the parties by City in any regard whatsoever shall not must submit the Claim to the Director within constitute'a waiver of same to be performed by five (5) days after the parties agree that they . Contractor to which the same may apply and, cannot resolve the Claim. until complete performance by Contractor of the term, covenant or condition, City shall be D. The submittal of the Claim position entitled to invoke any remedy available to it statements shall: 1) be in writing; 2) state the under this Contract or by law despite any such issues; 3) and state the respective positions of forbearance or indulgence. the parties. Sec. 10.Modification.Unless stated otherwise E. The Director shall review the written in this Contract, no provision of this Contract statements and reply in writing to both parties may be waived, modified or amended except in within ten(10)working days. The Director may writing signed by City and Contractor. extend this period if necessary by notifying the Sec. 11.Headings; Construction of Contract. parties. - The headings of each section of this Contract are F. Absent fraud, gross mistake or bad for reference only. Unless the context of this faith, the Director's decision shall be final and Contract clearly requires otherwise, all terms binding on City and Contractor within fourteen and words used herein,regardless of the number (14)calendar days after issuance. and gender in which used, shall be construed to G. All administrative procedures set forth include any other number,singular or plural, or in this contract must first be exhausted before any other gender,masculine,feminine or neuter, suit is filed. the same as if such words had been fully and properly written in that number or gender. H. The time frame for the Director's . ir decision may be tolled if the parties mutually . _ Facility Repair&Maintenance Page 3 of 6 Contract Central Contract Part II 050113 Sec. 12.Severability of Provisions. Except as specifically provided in this Contract, all of the provisions of this Contract shall be severable.In the event that any provision of this Contract is • found by a court of competent jurisdiction to be unconstitutional, or unlawful, the remaining provisions of this Contract shall be valid unless the court finds that the valid provisions of this Contract are so essentially and inseparably connected with and so dependent upon the invalid provision(s) that it cannot be presumed that the parties to this Contract could have included the valid provisions without the invalid provision(s); or unless the court finds that the valid provisions,standing alone,are incapable of being performed in accordance with the intentions of the parties. Sec.13.Records. A. For purposes of this section: 1. "City" shall mean the City Auditor, the City's Internal Auditor, the City's Director of Human Relations,the City Manager, the City department administering this Contract and their delegates and agents. 2. "Record" shall mean any document,book,paper,photograph,map, sound recordings or other material, regardless of physical form or characteristics, made or received in connection with this Contract and all Contract amendments and renewals. B. Contractor shall maintain and retain all Records for a term of five (5) years that shall begin after the expiration or termination of this Contract and all Contract amendments. City shall have a right to examine or audit all Records and Contractor shall provide access to City of all Records upon ten (10) days written notice from the City. Sec.14.Affirmative Action.Not Used. • Sec. 15.Tax Compliance. Contractor shall provide proof of compliance with the City's tax Facility Repair&Maintenance Page 4 of 6 Contract Central . Contract Part II 050113 ordinances administered by the City's perform services on behalf of Contractor in this commissioner of revenue as a precondition to Contract. the City making the first payment under this Sec. 18.Rules of Construction. The judicial contract or any contract renewal when the total rule of construction requiring or allowing an contract amount exceeds$150,000.00. instrument to be construed to the detriment of or Sec.16.Assignability or Subcontracting. against the interests of the maker thereof shall A. Assignability. Contractor shall not not apply to this Contract. assign or transfer any part or all of Contractor's , Sec. 19.Reports. Contractor shall provide City obligation or interest in this Contract without detailed reports of actual contract usage by prior written approval of City. If Contractor category each quarter and annually at no cost. shall assign or transfer any of its obligations or Sec. 20.Employee Eligibility Verification. If interests under this Contract without the City's this contract exceeds five thousand prior written approval, it shall constitute a dollars($5,000.00), Contractor shall execute and material breach of this Contract. This provision submit an affidavit, in a form prescribed by the shall not'prohibit contractor from subcontracting City, affirming that Contractor does not as otherwise provided for herein. • knowingly.employ any person in connection B. Subcontracting. Contractor shall not with the contracted services who does not have subcontract any part or all of Contractor's the legal right or authorization under federal law obligations or interests in this Contract unless to work in the United States as defined-in 8 the subcontractor has been identified in a format U.S.C. §1324a(h)(3). Contractor shall attach to required by City. If Contractor shall the affidavit documentation sufficient to subcontract any part of Contractor's obligations establish Contractor's • enrollment and or interests under this Contract without having participation in an electronic verification of identified the subcontractor, it shall constitute a work program operated by the United States material breach of this Contract. The utilization Department of Homeland Security to verify of subcontractors shall not relieve Contractor of information of newly hired employees,under the any of its responsibilities under the Contract, Immigration and Reform and Control Act of C and Contractor shall remain responsible to City 1986. Contractor •may obtain additional for the negligent acts, errors, omissions or information about E-Verify and enroll neglect of any subcontractor and of such at www.dhs.gov/xprevprot/programs/ac 118522 ` subcontractor's officers, agents and employees. 1678150.shtm.For those Contractors enrolled in City shall have the right to reject, at any point E-Verify,the first and last pages of the E-Verify during the term of this Contract, any Memorandum of Understanding that Contractor - subcontractor identified-by Contractor, and to - •will-obtain upon successfully enrolling•in the require that any subcontractor cease working program shall constitute sufficient under this Contract. City's right shall be documentation-for purposes of complying with exercisable in its sole and subjective discretion. this section. Contractor shall submit the affidavit - City shall not be obligated to pay or be liable for and attachments to the City prior to execution of payment of any monies which may due to any the contract, or at any point during the term of subcontractor. Contractor shall include in any the contract if requested by the City. subcontract a requirement that the subcontractor Sec. 21.Buy American and Missouri comply with all requirements of this Contract in Preference Policies.It is the policy of the City performing Contractor's services hereunder. that any manufactured goods or commodities - Sec. 17.Conflicts of Interest. Contractor used or supplied in the performance of any City certifies that no officer or employee of City has, contract or any subcontract thereto shall be or will have, a direct or indirect financial or manufactured or produced in the United States personal interest in this Contract, and that no whenever possible. Pursuant to Section 71.140 officer or employee of City, or member of such RSMo., preference shall be given to materials, officer's or employee's immediate family, either products, supplies and all other articles has negotiated, or has or will have an produced, manufactured, made or grown within arrangement, concerning employment to the State of Missouri. C Facility Repair&Maintenance Page 5.of 6 Contract Central Contract Part ll 050113 Sec. 22.Missouri Sales Tax Exemption. Pursuant to Section 144.062, RSMo, City is a Missouri exempt entity and tangible personal property to be incorporated or consumed in the construction of this Project may be purchased without sales tax. City shall furnish Contractor a Missouri Project Exemption Certificate for Sales Tax at the time of issuance of the Notice to Proceed. Sec. 23.Escalator Technical Survey. Contractor is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the.prior service . provider and/or the owner, or make related necessary repairs or component replacements on the equipment. If additional work is necessary, Contractor will provide a separate proposal or recommendation for such work. Contractor's price and obligations under this Agreement are subject to a technical survey to be performed within 90-days of the effective date. If a safety hazard or code violation is identified during Contractor's technical survey, City will immediately remove the unit from service until repairs are performed. City agrees to indemnify, . defend, and hold Contractor harmless for any • claims arising out of City's failure to comply with Contractor's recommendations and proposal. If City does not immediately approve Contractor's proposal or • recommendation,Contractor reserves the right to terminate this Agreement without penalty. Sec. 24.Hazardous Materials.Notwithstanding anything contained to the contrary within this • bid or contract, Contractor's work shall not include any abatement or disturbance of asbestos containing material (ACM), presumed asbestos containing materials(PACM)or other hazardous materials (i.e. lead, PCBs) (collectively "HazMat"). Contractor shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required in order for Contractor to perform its work shall be the Cityr's sole responsibility and expense. Sec. 25.Consequential Damages. In no event will either party be liable to the other party for indirect, incidental, consequential, special, exemplary, or punitive damages of any kind or nature arising from or related to performance of the Agreement,including without limitation loss of profits, loss or inaccuracy of data, or loss of use damages, even if the party has been advised Facility Repair&Maintenance Page 6 of 6 Contract Central Contract Part II 050113 of the possibility of such damages and even if under applicable law such damages would not be considered for indirect, incidental, punitive, special, or consequential damages. Each party hereby waives its rights to such damages to the fullest extent permitted by applicable law. Sec.26.Force Majuere. A party is not liable for failure to perform its obligations under the Agreement if such failure results from Acts of God, fire, flood, unusual delay in deliveries, unavoidable casualties, -terrorist activities,government sanction, blockage, embargo, labor dispute, strike, or lockout,concealed conditions, shortage or unavailability of materials, supplies, labor, equipment or systems,interruption or failure of • electricity or telephone service or any other causes beyond Contractor 's control. The non- performing party must promptly notify the other party in writing of the force majeure event and resume performance immediately upon cessation of the event. Sec. 27.Intefectual Property. All proprietary and intellectual property rights to the equipment, any drawings, technical documentation and software shall remain solely with Contractor. • C Facility Repair&Maintenance Page 7 of 6 Contract Central Contract Part 11 050113 Attachment D: Scone of Services City of Kansas Cit_v/U.S.Communities Master Aureement#EV2516 Overview The importance of consistently maintaining the Equipment in a safe,fully operational condition demands that the Supplier have an effective maintenance management program.Such a program includes pre- established and documented maintenance procedures and schedules which will insure reliable performance of elevators under regularly scheduled maintenance.Supplier will use a structured maintenance management program to deliver high quality service tailored to each specific unit's needs. Equipment type,component life,equipment usage,and building environment will be taken into account by the Supplier in this scheduling system,which will be used to plan maintenance activities in advance. The Supplier will have an established system for fully documenting maintenance procedures performed, service calls received and answered and major repairs scheduled and completed.The Supplier will have an effective system of self-audit mechanism to insure designated tasks are completed as scheduled and will provide,an annual written condition report covering each piece of equipment. 1. Any corrections found to be necessary within twenty(20)days of the termination of agreement or any extension thereof shall be the responsibility of the Supplier. 2. In addition to all of the specifications outlined in this Section,any and all items in the manufacture's literature concerning preventative maintenance and any other pertinent procedures must be performed according to the manufacturer's specifications and timelines. 3. All work shall be performed during regular working hours of regular working days unless otherwise authorized by the City Representative. a) Contractor shall proceed with work when so requested and work continuously and diligently until completed. b) Skilled tradesmen with a minimum of three-years of field experience shall be provided to perform all work required under this Contract. c) Contractor shall maintain direct communication capability with the City's representative 24 hours a day,seven(7)days a week,during the Contract period. d) Emergency Work-Respond to the service location within two(2)hours of receiving notification from the City Representative. e) Non-Emergency—Work shall be scheduled within three(3)working days of notification or as otherwise approved by the City's Representative. t) City of Kansas City Aviation Department will receive Overtime Callback coverage on all units that are listed as Contract Type"A". • g) Contractor shall perform any and all work requested by City. h) Conferences will be held at the request of City or Contractor. i) The Scope of Services here will be extended to Participating Public Agencies,unless specifically altered in a properly executed end user service agreement. 4. OSHA Guidelines:The vendor shall be familiar with and operate within the guidelines as set forth by the Occupational Safety and Health Act. 5. For.all operations requiring the placement and movement of the Supplier's equipment,Supplier shall observe and exercise,and compel its employees to observe and exercise,all necessary caution and discretion so as to avoid injury to persons,damage to property of any and all kinds,and annoyance to, or undue interference with,the movement of the public and City personnel.All ladders,scaffolding or other devices used to reach the surface of objects not otherwise accessible,shall be of sound construction,firm and stable,and shall be maintained in good condition.All such equipment shall be moved onto the areas where they are required,placed,shifted where necessary,and removed from the areas in such manner as to provide maximum safety to persons and property and cause the least • possible interference with the normal usage of such areas by the public and City personnel. 6. If any maintenance deficiencies are identified during the term of the agreement,KONE will work with Owner/Agency under the terms of the agreement to rectify in a timely manner.Contractor warrants and guarantees to the City that all equipment and materials to be furnished under this agreement are free from all defects in workmanship and materials.Contractor further warrants, guarantees and agrees to remedy all such defects and to replace at Contractor's expense and at no expense to the City any or all labor,transportation,part or parts of the equipment or materials to be furnished under this agreement which are or become defective due to such defects within twelve(12) months after new equipment accepted by customer,and 90-days from repair work completed by contractor. 7. If Owner/Agency elects to have a third party perform services on equipment covered under the Agreement,purchaser must promptly notify KONE in writing and provide KONE an opportunity at its own cost to inspect the equipment to ensure compliance with KONE and Industry Standards. Should it be determined that re-work,different or additional work is required,such work will be at purchasers cost.Owner/Agency waives all claims against KONE directly related to a third parry's performance of services. 8. Defective Material:The successful Supplier shall agree to accept,for full credit and return shipping charges,the return of any item received which is found to be deficient in quality or defective in packaging so as to render the item unusable for its intended purpose.Merchandise so designated shall be replaced at the full expense of the Supplier within seven(7)calendar days. 9. Standard Work Processes:The Supplier shall have in its possession written procedures of all maintenance tasks to be performed,complete and thorough in description.These written procedures will include the step-by-step tasks necessary to comprehensively complete the procedure.Written procedures will be made available to all Supplier personnel who could reasonably expect to be • working on any of the equipment covered under this contract on either a permanent or temporary basis.The purpose of this requirement is to ensure uniformity of the quality of Work performed and to provide documentation toward that goal. :Maintenance and Modernization Services to be Performed 1. The work required consists of providing elevator,escalator,wheelchair lift,chair lift,and walkway maintenance,modernization and repair services at various city-owned facilities in Jackson,Clay, Platte and Cass Counties. 2. Services shall include,but are not limited to: a) Maintenance work orders for preventative maintenance to repair or replace equipment including inspections,adjustments,testing and replacement of parts,as herein specified,for the safe and smooth operation of the equipment b) Oil and grease work orders to-reduce wear and prolong the useful life of moving parts of equipment through proper lubric ation on an as-needed basis. c) Emergency repairs on short notice may be required in order to restore facilities to full operating condition. d) Provide all necessary equipment and supplies. L All parts used in full maintenance shall be manufactured by or approved by the manufacturer of the equipment being serviced and shall be compatible with original equipment.The Contractor shall furnish all products,materials,or parts necessary for the completion of work or required by applicable codes and shall furnish lubricating oils and greases of proper type and weight,rope preservative and wiping cloths.All materials and parts shall be provided in accordance with the requirements herein specified for the maintenance of all elevators and escalators listed.The contractor must own and maintain in stock,at all tunes for immediate delivery and installation,a sufficient supply of emergency parts for repair of each piece of equipment.Spare parts shall be genuine manufacturers'parts designed for the equipment on which they are to be used.No substitutes shall be permitted. The Contractor shall maintain an up-to-date inventory of all spare parts by part number. ii.Contractor shall maintain,in stock,available for immediate usage,an inventory of replacement parts for microprocessor equipment used in the elevator systems. iii.Contractor shall have full capabilities to reprogram or change the program of the elevator microprocessor. iv.Contractor's service technicians shall carry diagnostic equipment designed to analyze programming,and microprocessor functions and malfunctions. 3. Contractor shall provide a list of planned PM service visits if requested by customer/agency.This list will include the equipment and specific maintenance modules that are scheduled to be performed no less than 1 month in advance of the scheduled PM service visit. If additional schedule requirements are required,KONE will work with said agency locally on a mutual agreeable arrangement. 4. Contractor shall prepare an Asset Management Plan(AMP)for each piece of equipment covered by this contract.The AMP shall identify regularly scheduled tasks and recommended repairs and upgrades for each Department's review. The AMP will cover the initial term of the contract,allowing each Department to plan and budget for maintenance and upgrades in a proactive manner.The AMP should also include the likely remaining life/usefulness of the equipment. 5. KONE will conduct a survey of customer's equipment prior to taking on any piece of equipment when awarded a new contract from our competition by a participating public agency. We will also work with the agency in coordinating an Asset Management.Plan that identifies existing condition and state of equipment,recent and upcoming code changes,advancements in technology,and improvements that can be made in ride quality for their customers over a 5-year period. 6. In preparation for annual inspections,Contractor will work with each Department to review possible concerns and schedule repairs in advance of inspection. 7. In addition,the following scenarios provide a billable call and will be billed in minute long increments: a) Technician answers the trouble call to find the elevator keyed off in some manner by the building (independent service,fire service,etc.). b) Technician answers a call outside his normal maintenance to replace a light bulb in the elevator fixtures. c) Technician answers a call to find debris in the elevator door sill causing the elevator malfunction. d) Technician answers a call to find the elevator doors are timed out due to passengers holding the doors open too long and/or because the elevator infrared edge is dirty. e) Special requests for services to be performed on overtime. t) Code,insurance or local code authority required changes or additional testing required that happen during the contract period. g) Callouts—running on arrival where no technical issues are found(false alarms). Class"A"Complete Preventative Maintenance l. Contractor will provide complete maintenance on the following equipment as described herein. Complete maintenance includes providing systematic examinations,cleaning,lubrication, adjustments,and when conditions warrant,repair or replacement of parts. The work to be performed by the Supplier under the specifications shall consist of furnishing all material,labor,supervision,tools,supplies,and other expenses necessary to provide full service and preventative maintenance services,and repairs of every description,including inspections, adjustments,test and replacement parts as herein specified. The Supplier shall systematically examine,adjust,lubricate,clean and when conditions warrant,repair or replace the following basic and major components as well as all other mechanical or electrical equipment,including,but not limited to,the following items.Supplier shall include as a part of its response any additional components that it considers a part of preventive maintenance. 1. HYDRAULIC ELEVATORS Basic components:Controller components:resistors,timers,fuses,overloads,minor contacts,wiring, coils;packing,drive belts,strainers,functional components of car and corridor operating stations, hangers and tracks,door operating devices,door gibs,guide shoes,rollers,traveling cables,signal lamps(replacement dining regular visits only),interlocks,door closers,buffers,switches,door protection devices,and a]acm bells. Major components:Exposed piping in the Machine Room and hoistway,motor,PC boards,pump, pump unit,solid state devices,contactors,and valve. 2.TRACTION ELEVATORS Basic Components:Selector motors;brake:pads,lining,Hicks or shoes,magnet coils,brushes& •• commutators;controller components:resistors,timers,fuses,overloads,minor contacts,wiring,coils; functional components of car and corridor operating stations;hangers and tracks,door operating devices,door gibs,guide shoes,rollers,traveling cables, signal lamps(replacement during regular visits only),interlocks,door closers,buffers,overspeed governors,car and counterweight safeties, alarm bells,switches,and door protection devices. Major components:Hoist motors,hoist ropes,machine,machine&sheave bearings,machine brake, motor generators,PC boards,sheave&sheave assemblies,solid state devices,and contactors. 3.ESCALATORS Basic components: Step rollers,belts,controller components:resistors,timers,fuses,overloads,minor contacts,wiring,coils;brake:pads,lining,disks or shoes. Major components:Brake,escalator machine or drive units,handrail,handrail drive chains,main drive chains or belts,PC boards,solid state devices,contactors,sprockets,step chains. 4.WALKWAYS(Class`B"Coverage) Basic components: Step rollers,belts,controller components:resistors,timers,fuses,overloads,minor contacts,wiring,coils;brake:pads,lining,disks or shoes. Major components:Brake,escalator machine or drive units,handrail,handrail drive chains,main drive chains or belts,PC boards,solid state devices,contactors,sprockets,step chains. 5.WHEELCHAIR LIFT(Class"B"Coverage) Periodically inspect,make minor adjustments,lubricate,and make recommendations for repair or replacement of components. Re-lamping of signal fixtures will occur during regularly scheduled preventive maintenance service visits. 6.CHAIR LIFT(Class"B"Coverage) Periodically inspect,make minor adjustments,lubricate,and make recommendations for repair or replacement of components. Re-lamping of signal fixtures will occur during regularly scheduled preventive maintenance service visits. 7.PLATFORM LIFT(Class"B"Coverage) Periodically inspect,make minor adjustments,lubricate,and make recommendations for repair or replacement of components. Re-lamping of signal fixtures will occur during regularly scheduled preventive maintenance service visits. 8.DUMBWAITERS(Class"B"Coverage) Basic components:Controller components:resistors,timers,fuses,overloads,minor contacts,wiring, coils;brake:pads,lining,disks or shoes,magnet coils,brushes&commutators;functional components of car and corridor operating stations;hangers and tracks,door operating devices,door gibs,guide shoes,rollers,traveling cables,signal lamps(replacement during regular visits only), interlocks,door closers,buffers,overspeed governors,car and counterweight safeties,alarm bells, switches,and door protection devices. Major components:Brake,hoist motor,hoist ropes,machine,machine&sheave bearings,motor generators,PC boards,sheave and sheave assemblies,solid'state devices,and contactors. Class`B"Examination.Oil and Grease Service 1. Refer to previous applicable descriptions of work and materials required. 2. Examine equipment herein described using skilled maintenance mechanics,with a minimum of three years of field experience,under contractor's supervision. 3. Service shall include labor and all related expenses necessary for providing monthly examinations,oil and grease service of elevators including but not limited to cleaning and oiling machine,motor,signal devices,interlocks and controller,greasing or oiling guides,necessary minor adjustments at time of regular examinations and furnishing necessary lubricating oils and greases,rope preservative,and wiping cloths. 4. All Class'B"work is to be performed during regular working hours of regular working days of the elevator trade. Modernization 1. Supplier shall offer a complete range of repairs and upgrade solutions ranging from any improvement,modification,renovation or additional equipment or features added or made to existing elevators,escalators,walkway,wheelchair lift,chair lift, platform lift and dumbwaiter equipment to better the performance,safety,cosmetic appearance or to meet any new code(building or equipment) requirements,local jurisdiction requirements,insurance requirements or to repair any equipment that may need to be modified or replaced due to obsolescence,flood,fire,any damage done to equipment for any reason,part failure,misuse or age.Examples include,but are not limited to,new or updated controllers for all types of equipment,new or updated signal fixtures for all types of equipment,new hydraulic jack,machine or pump unit modifications or replacements,new or modifications to elevator cab interiors,new door edges,new valves,new ropes,new or modified door equipment,new or modified car door operators,new or modified hoistway doors of equipment,ADA upgrades,any code upgrades,and escalator or walkway steps or pallets,complete replacement(except for truss)and handrails. 2. Supplier shall examine the existing equipment,determine condition of any retained components; space conditions,power supply,mainline disconnect,and make any surveys necessary to repair and/or upgrade and modernize equipment. 3. Any retained components are to be examined,cleaned,and adjusted as necessary. 4. Supplier shall provide temporary screens between equipment before work starts and remove at completion of project. 5. City has the first right of refusal to retain any equipment components that are to be removed and modernized with new equipment.All removed components shall remain property of the City,until the City notifies the Supplier,in writing,of removed components that City would like to retain.All remaining equipment not to be retained by the City or reused by the Supplier shall be promptly removed from the building by the Supplier at no cost to the City,and become the property of the Supplier.The Supplier shall make every attempt to recycle removed equipment.The Supplier shall correct any damage to building surfaces and surrounding areas if damaged during the removal of this equipment at no cost to the City. 6. Supplier shall visit the building,examine the existing conditions,power supply,mainline disconnect, and include all work needed to ensure a fully code compliant repair,upgrade or modernization. Work Sequence 1. Contractor shall coordinate with the building manager of each facility listed prior to performing any work specified in the contract.All work shall be done in sequence and at times which will cause the- least amount of interruption of normal activities and will not endanger the normal security of the facility or the safety of personnel. Emergency Call Back Services 1. The contractor shall maintain the following communication capability with the City for responding to emergency call back service requests: a) Provide 24-hours a day,seven days per week,emergency call back service which consists of responding promptly to service requests from the City's authorized representatives made by telephone or other means. b) Provide emergency service within two(2)hours of service request unless otherwise directed by the City's representative. 2. "Emergency call back"is defined as a request from the City to the contractor,to service a specific piece of equipment,to correct any problem and/or condition,which,in the City's opinion,needs attention immediately or before the contractor's next scheduled preventative maintenance visit. 3. Emergency call back service shall be limited to repairs or adjustments required to restore equipment to safe and reliable service in cases where a shut-down emergency develops between regular examinations. . 4. Contractor will,at no additional charge to the City,provide emergency call back service during the regular working hours of the elevator trade on all equipment covered by Class"A"Complete Maintenance. 5. The City will pay for emergency call back services in accordance with the rates set forth in Attachment 1. 6. Any repeat call backs for the same elevator problem will not be paid for by the City. Records 1. The Supplier will have an established record keeping system.The documentation system will include all reports of elevator service calls placed by the City and track the time and date of each occurrence, the response time and nature of the problem both reported and ultimately discovered and the steps taken to correct the problem.These records will also be kept onan individual unit basis. 2. Supplier will keep archived a maintenance history,used by the technician to record completed work. The maintenance history must indicate the last completion date for each procedure by unit.The history shall be maintained throughout the life of the contract so that procedures completed in years prior to the current year are properly documented. • 3. City and any Participating Public Agency can access work order summaries through the KONE Online Portal.In addition,automatic email notifications can be provided upon request. 4. Supplier shall maintain in the elevator,escalator or walkway machine room all maintenance records .in accordance with the requirements of ASME A17.1,2004,Item 8.6.1.4. 5. At any other time,at the City's request,Supplier shall provide the City with additional copies of its standard Customer report of repairs,tests,and service calls for the units,listed per unit. 6. Plans and documents shall be updated with any changes made and shall remain in possession and ownership by the City.Documentation shall include all programming changes and modifications to protect the reliability of the documentation. a) The individual manufacturer's"Field Service Manuals"for elevator and escalator installation and maintenance are on site with the controller as required by Code. b) Contractor shall provide and keep current an approved chart,posted in the elevator mechanic's room,indicating the status of all servicing and maintenance work performed and shall indicate date work was performed. 7. In addition to phone service requests,Supplier shall provide an online service to allow City direct access to KONE Online from a personal computer.The Supplier shall provide instructions and training on how to use the system.KONE offers KONE Care Center 24/7,KONE Online,KONE Mobile and Automatic email notification to assist in placing and monitoring service calls to communicate with all customers.After a service call is placed or registered via BONE Online, Service Center Agents can provide the most up to date ETAs. Our KONE Mobile app provides a notification when technicians arrive,complete work and depart your site. 8. At a minimum,the Supplier's online system will be able to provide the following a) 12 month rolling history of callback data that will show dates,times,reported problem and resolution.Data will be"live"to show status of call(received,dispatched,onsite,done) b) Mean Time Between Callback data on a per property and per unit basis c) 6 month history of all visits to the property including those for maintenance,callbacks,testing, and repairs. d) Local sales representative and superintendent contact information. e) Generate a-mails to the City for callback notifications,summary of callbacks(either weekly, monthly,quarterly,or annually. f) Indicate if equipment has remote monitoring. g) Data shall be able to be downloaded in to excel or pdf format, h) Prior to contract start,the Supplier shall provide the Internet web address,and instructions and training on how to use the system. Contractor Responsibilities L Prepare binding project specification/cost estimate for each project requested by the City,at no cost to the City. 2. Provide labor and equipment within seven(7)days of notification to proceed,unless an alternate time is authorized by the project manager. 3. Supply all personnel,equipment,supplies,and services to complete the requested project. 4. Exercise best professional judgment in performing the contract services(and shall be liable for any loss incurred by the City resulting from failure to meet standards). 5. Perform this contract in compliance with all applicable present and future federal,state,and local laws and regulations. 6. Contractor shall supervise,inspect and direct the work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract documents. o Contractor shall be solely responsible for the means,methods,techniques,sequences and procedures of construction. o Contractor shall be solely responsible for scheduling and coordinating the work of subcontractors,suppliers and other persons and organizations performing or furnishing any of the work under a direct or indirect contract with Contractor. o Contractor shall be responsible to see that the completed work complies accurately with the Contract documents. o At all times during the progress of the work,Contractor shall assign a competent resident superintendent of the work. o The superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. o All communications given to or received from the superintendent shall be binding on Contractor. o If it is determined to be in.the best interest of the work,Contractor shall replace the project manager,resident superintendent or any other employee of the Contractor,Subcontractors, Suppliers or other persons or organizations performing or furnishing any of the work on the project upon written request by the City. 7. All materials shall be of good quality as provided in the Contract documents. o All warranties and guarantees specifically called for by the Contract shall expressly run to the benefit of City. • o If required by City,Contractor shall furnish satisfactory evidence(including reports of required tests)as to the source,kind,and quality of materials and equipment. o All materials shall be stored,applied,and used in accordance with instructions of the applicable supplier, except as otherwise provided in the Contract documents. • • Site Inspections 1. The City reserves the right to make site inspections and/or take samples at any time on an unannounced basis for the purpose of verifying the accuracy of services,procedures,and/or documentation applicable to the contract. 2. The Contractor chill call for and schedule all required Inspections for Permitted work as required by Chapter 18 of the KCBRC and corresponding ASME Standards. Authorization to Work 1. Work Orders • a) Contractor will receive work orders by telephone,electronic mail or facsimile from the City's Representative to perform maintenance work. b) If Contractor determines the maintenance work order will exceed$5,000,a written not-to-exceed proposal may be requested,with a proposed number of calendar days required to perform the work.Work on such maintenance Work Orders shall not begin until written authorization is given by the City's Representative.Proposals shall include but not be limited to the following: i. Include this Contract Number. ii. Itemize all anticipated site expenses including all material and labor costs based on the applicable prevailing wage rates. iii. Include proposed number of Calendar Days required to complete the ordered work. c) ..Samples,product information,and manufacturer's warranty information shall be submitted when requested by the City's Representative. d) Contractor's written proposal,if required,will serve as a maximum not-to-exceed cost amount and include the number of estimated work hours and total repair cost. 2. Emergency Work a) Contractor will receive work Orders by telephone,electronic mail or facsimile from the City's Representative to perform emergency work.The Contractor will be given a Work Order number. b) If,after being dispatched to perform emergency work,the Contractor determines that repairs totaling$5,000 or more are necessary,that fact shall be reported to the City's Representative.A written proposal maybe required at the discretion of the City's Representative before the work is performed c) Contractor's written proposal,if required,will serve as a maximum not-to-exceed cost amount and include the number of estimated work hours and total repair cost. 3. Not-To-Exceed Proposals a) Contractor shall submit a written not-to-exceed proposal as required and when requested by City's Representative. 4. Stop Work Orders a) The City reserves the right to verbally order that all work cease on a project at any time. b) The individuals authorized to issue verbal work stop orders are: • City's representative • City Risk Manager • The City will be obligated to pay for supplies used and service performed up to the stop work order. Job Site Administration • 1. The contractor or a duly authorized project manager acting for the contractor shall continually be present at the site of the work while work is in progress for the duration of the project. 2. The Contractor's representative or service tech will contact the designated representative for the facility upon arrival and also before leaving the site. Before leaving the site,a debriefing of the work done,findings of the equipment and any additional work needed will be reported to the City representative.A written summary of these points will,also,be submitted. The Contractor representative will confirm if the equipment is in service or is out of service. If the equipment is left out of service,an explanation of why,what work needs to be done to make it operational again,and anticipated time frame to complete the work will be covered in the debriefing. 3. Contractor will,meet with representatives from each Department individually on a quarterly basis,or • as requested by the Department,to review status of service,concerns,upcoming repair schedule, recommendations for repairs/upgrades,etc Rental Equipment 1. Contractor shall obtain prior approval from the City's Representative to rent equipment other than that required to be provided.Contractor will not be reimbursed for unauthorized rental equipment. 2. Should the need arise for special equipment,other than that required to be provided in the hourly rate, and special equipment must be rented,the reimbursement shall be at cost with no markup.If Contractor owns such equipment,reimbursement will be made to Contractor for use of the equipment at a rate determined by the average rental rates available in the area. Use of Site 1. During execution of Work,all areas of all buildings shall remain occupied except those where work is actually being performed. 2. Contractor shall confine Contractor's equipment,the storage of materials and equipment,and the operations of workers to the site and other areas identified in and permitted by the City. 3. Contractor shall not unreasonably encumber the site and the other areas with equipment or other materials or equipment. 4. Contractor shall cover or otherwise protect equipment which is not feasible for City to remove from areas during work. 5. The Contractor shall provide protective padding,tarpaulins,and other material as necessary to ensure existing floor,wall,and ceiling finishes not included in the work are not damaged. 6. Contractor shall assume full responsibility for any damage to the site or the other areas,or to the owner or occupant thereof,or of any adjacent land or areas,resulting from the performance of the work. 7. During the progress of the work,Contractor shall keep the site and the other areas free from accumulations of waste materials,rubbish and other debris resulting from the work. 8. At the completion of the work,Contractor shall remove all waste materials,rubbish and debris from Site and other areas as well as all tools,appliances,construction equipment and machinery and surplus materials. 9. Contractor shall leave the site clean and ready for utilization or occupancy by City at completion of the work. 10. Contractor shall restore to all property not designated for alteration by the Contract documents to its pre-work condition. Labor Compensation 1. Hourly rate will be paid to the Contractor for each workman while on the job site only.US Communities participating agencies will not be expected to pay additional travel expenses(i.e. mileage,fuel,vehicle expense,etc.)outside of the standard hourly billing rates provided.For work not covered under the Agreement,the travel time will be charged based on the hourly billing rate schedule—billed portal to portal for actual travel time per IUEC(International Union of Elevator Contractors). 2. For purpose of billing for labor used for work performed under this Contract,the Labor Compensation shall be the applicable hourly wage on the trade or craft that applies. 3. The hourly labor includes the following items and the City shall not be liable for or bill separately for same. o Contractor-owned usual and customary tools,machinery and equipment,including operating expenses,for the types of construction,maintenance and repair specified herein,including but not limited to: o Service trucks and all related expenses. o Normal expendables o General Conditions including Insurance and Bonds o Office expenses o Profit and other overhead Invoices 1. Contractor shall invoice the City for each completed Work Order referencing Purchase Order Number. 2. Invoices must include but not be limited to the following information: o Work/Task Order Number if applicable. o Description of Work performed with exact location(s)including Facility Code Building Location if listed on the chart below. o Total hours worked by each trade and applicable hourly wage rate bid. o Invoices will include breakout of material expenses and labor. o Total of all itemized costs and when applicable,the lump sum not-to-exceed proposed costs. o Landfills receipts,if applicable.Reimbursement for landfill fees shall be at the Contractor's cost plus 10%. Airport Security Requirements 1. Contractor shall comply with all airport security requirements at those locations. 2. Contractor shall comply with Transportation Security Administration("TSA")Background Check. Each employee of the Contractor engaged in furnishing the described services shall be subject to a criminal history records check as required by the TSA.The Contractor shall pay a$35.00 fee for each employee for fingerprinting and background processing and a$100.00 security deposit for each badge issued.The security deposit is returned when the badge is surrendered or at the completion of the contract.Additionally,each employee performing services on site chill attend required Security Identification Display Area("SIDA")training and comply with all applicable security rules and regulations. 3. Restricted Areas/Security.Contractor will be responsible for complying with any and all applicable present and future rules,regulations,restrictions,ordinances,statutes,laws and/or orders of any federal,state or local governmental entity regarding airfield security.Contractor shall fully comply with all applicable provisions of the Transportation Security Administration("TSA")Regulations,49 CFR Part 1542(and Part 1544 if Lessee is an Air Carrier),TSA Security Guidelines for General Aviation Airports,and Aviation Department Policy on Passenger Carrier Flights at Charles B. Wheeler Downtown Airport,or as it may be amended or superseded,City has adopted a Security Plan for the Airport approved by the TSA pursuant to Transportation Security Regulation("TSR"),Part 1542.Contractor agrees to be bound by and follow the Security Plan.Any access to the Airport granted to Contractor shall not be used,enjoyed or extended to any person,entity or vehicle engaged in any activity or performing any act or furnishing any service for or on behalf of the Contractor that Contractor is not authorized to engage in or perform under this Contract unless expressly authorized in writing by the Director in accordance with TSR,Part 1542.In the event Contractor,its officers, employees or invitees cause or contribute to unauthorized persons or vehicles entering the air operations areas of the Airport,or otherwise violate the Security Plan or any laws,regulations,rules, etc.governing airport security,and in addition to any other remedies available hereunder,Contractor shall be liable to City for an amount equal to any civil penalty imposed on City by the TSA. The City's preventative maintenance plan calls for a service technician to be assigned full time to the airport project site to perform preventative maintenance on the equipment.The service technician will be responsible for the maintenance,repair and testing of all the elevator and escalator equipment at the project Inspections,Tests and Reports 1. Contractor will perform all required tests,including an annual safety test for all elevators and escalators and the five(5)year full load test for the electric elevators,performed in the presence of a City Codes inspector and State inspectors.Contractor will perform a pressure relief test and a yearly leakage test on hydraulic elevators as required by the A.S.IVI.E.A-17.1 code.Tests shall be performed as required by the American National Standards Institute(ANSI),as referenced herein. 2. Testing of all safety devices and governors shall be completed as required by the American National Standards Institute(ANSI),2010 edition, Section 17.1 and Section 17.3,as adopted under the code of general ordinances for the City of Kansas City,Missouri,and•at regular intervals not exceeding one (1)year.The contractor shall promptly correct any defects that may be found in the testing and examining of safety devices. 3. The specific dates and times of visits shall be scheduled to the mutual satisfaction of the Contractor and the Public Agency's maintenance providers.Unless otherwise requested,all testing should be performed during normal business hours. 4. After tests have been performed,all safety devices shall be checked and adjusted as required to meet manufacturer's recommendations.Equipment shall not be placed in service until all tests,checks and adjustments are complete and equipment is in proper working condition.The Supplier shall not be held responsible for any damage to the building and equipment caused by the test,unless such damage is a result of negligence.Failure to follow correct procedures to prevent damage and failure to perform pretest examinations shall be considered negligence by the Supplier. 5. Supplier shall perform annual test of Firefighter's Service features on each elevator with such features as outlined in ANSI A17.1 Code,and shall provide monthly tests of this Firefighters service when local code requirements necessitate such testing to be performed by elevator service technicians. EXCLUSIONS The following are excluded from the scope of services: A. GENERAL 1. KONE is not obligated to:removal of water or excessive debris from the pit;make replacements or repairs necessitated by fluctuations in the building power systems,adverse machine room or environmental conditions(including without limitation temperature variations below 50 degrees or above 90 degrees Fahrenheit)or humidity greater than 95%relative humidity,prior water exposure,rust,fire,explosion,acts of God,misuse,vandalism,theft,acts or mandates of government,labor disputes,strikes,lockouts,or tampering with the equipment by any person other than a KONE representative,negligence or acts or omissions of the Purchaser or any third party,or any other cause beyond KONE's control. 2. KONE agrees to maintain the existing performance as designed and installed.KONE is not required under this Agreement to make changes in operation and/or control,subsequent to the date of this Agreement. 3. Notwithstanding anything contained to the contrary within this Agreement,KONE's work shall not include any abatement or disturbance of asbestos containing material(ACM),presumed asbestos containing materials(PACM),or other hazardous materials(i.e.lead,PCBs) (collectively"HazMat").Any work in the affected area where reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from the HazMat is excluded from KONE's scope of work without an applicable change order to reflect the additional costs and time.In accordance with OSHA requirements,Purchaser shall inform KONE and its employees who will perform work activities in areas which contain HazMat of the presence and location of HazMat in such areas which may be contacted during work before entering the area. Other than as expressly disclosed in writing,Purchaser warrants That KONE's work area at all times meets applicable OSHA permissible exposure limits(PELs).KONE shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed.Any HazMat removal or abatement,or delays caused by such,required in order for KONE to perform its work shall be Purchaser's sole responsibility and expense.After any removal or abatement, Purchaser shall provide documentation that the HazMat has been abated from the KONE work area and air clearance reports shall be made available upon request prior to the start of KONE's work. 4.. Nothing contained within this agreement shall be construed or interpreted as requiring KONE to assume the status of an owner,operator,generator,transporter,treater or disposal facility as those terms appear within RCRA or any Federal or State statute or regulation governing the generation, transportation,treatment,storage and disposal of pollutants.Purchaser shall be responsible to execute all waste manifests necessary to transport hazardous materials for disposal B. ELEVATOR&Dumbwaiters 1.. Refinishing,repairing,replacing,or cleaning of the:car enclosure; gates or door panels;door pull straps;hoistway enclosure;rail alignment;hoistway doors;door frames;sills;hoistway gates; flooring;power feeders,switches,and their wiring and fusing;car light diffusers;ceiling assemblies and attachments;smoke or heat sensors;fans;fireman's phone devices;intercoms; phone lines;music systems;media displays; card-readers or other security systems;computer monitoring systems;light tubes and bulbs;pit pumps;emergency power generators;hydraulic • cylinder;unexposed piping;or disposal or clean-up of waste oil or contamination caused by leaks. in the hydraulic cylinder or unexposed piping.KONE is not be obligated to perform or keep records of firefighter's service testing,unless specifically included in this Agreement. C. ESCALATOR AND POWERWALK 1. Refinishing,repairing,replacing or cleaning balustrades,pits,pans;sideplate devices;decks;skirt panels;anti-slide devices;brushes;guards and damage or deterioration to skirt deflector brushes. KONE is not obligated to perform an escalator cleandown,or do any work to bring the equipment in compliance with the escalator step/skirt performance index or loaded gap values required by code.Purchaser will use the escalators for the sole purpose of transporting passengers. OBSOLESCENCE Component may become obsolete during the term of this Agreement.Obsolete components are not covered under this Agreement.KONE will provide Purchaser with a separate quotation for the price to replace obsolete components.Equipment modifications necessary to accommodate replacement of obsolete components are at the Purchaser's expense. Components include without limitation any part,component,assembly,product,or firmware or software module.A component is obsolete when it can no longer be economically produced due to the cessation of consistent sources for materials,a loss or termination of a manufacturing process occurs,product reliability analysis shows that it is not economically feasible to continue to produce the component, escalation of component costs beyond acceptable industry expectations drive alternative equipment upgrades,the support of product safety programs or conformance to codes or standards mandates that use of a component be discontinued in its entirety,the OEM designates the component as obsolete,such component has been installed 20 or more years,or any reputable third party parts provider no longer supports or has available in stock in the same form,fit and equivalent operation/function.No exception to the above will be made for a component designated as obsolete because it can be custom made or • acquired at any price.KONE will not be required to furnish reconditioned or used components.After the component that replaces the obsolete component is installed,that component is covered under this Agreement unless it becomes obsolete. AMENDMENT#1 TO CONTRACT#21-048-ELEVATOR MAINTENANCE FOR BRAZOS COUNTY THIS AMENDMENT TO #21-048 Elevator Maintenance for Brazos County ('`Amendment") is entered into and effective this 29th day of November, 2024 ("Effective Date") through November 30, 2025 (`'Expiration Date")by and between Brazos County ("Customer"), and Kone Inc. ("Provider") each of which may alternatively be referred to herein as a'Party"and collectively as the"Parties". All capitalized terms in this Amendment shall have the same meaning as in the Agreement(as defined below)unless otherwise stated herein. RECITALS WHEREAS,the Parties entered into that certain original contract#21-048 ('Agreement") for purposes of Kone, Inc to provide of the service for Elevator Maintenance for Brazos County;and WHEREAS,the Parties desire to amend the pricing as set forth in original contract#21-048. AGREEMENT NOW THEREFORE, in consideration of the above premises,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend the Agreement as follows: 1. Increased monthly pricing from$2,195.00 to$2395.42. 2. Exercising the option to renew an additional one(1)year period starting November 29,2024 through November 30,2025. Renewal of the contract will be known as 25-072R. IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be signed by their authorized representatives as of the Effective Date. This Amendment may be executed in counterparts, all of which taken together shall constitute one instrument. Electronic or facsimile signatures are acceptable forms of execution of this Amendment and shall be binding on all Parties hereto. COUN KONE INC. 144 S(gnature ,� Signature �� 48..J.7Vier Name Name �Ov c\ ,..3 LI%(vvg—) �.1 /til s. g Title Title f I _• f `]r/c /2/9 f zo.P 4 Date Date 0:M Exhibit 4 KONE Inc.Proposal to Supply Elevator,Escalator,Moving Walkway Maintenance, Repair,Modernization and Related,Products,Services and Solutions under the U.S. Communities Program utilizing the Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516 dated December 1st,2018) The parties hereby agree to be bound to the Terms and Conditions of the City of Kansas City Master Contract(Reference GENRL-EV2516 dated December 1st,2018) ("Contract"),together with those terms and conditions contained in this Exhibit 4(collectively,"Service Agreement"). In the event of conflict between terms and conditions contained in the Contract and this Exhibit 4,the terms in this Exhibit 4 shall supersede and prevail. 1. PROPOSED UNITS &EQUIPMENT PRICING: Location Address Elevators Other Pricing Brazos County Court House 4 $1,161.56 Brazos County Administration 1 $340.74 Sheriffs Office 1 $139.39 Brazos County Jail 2 $278.78 Expo Building 2 $278.78 Tax Office 1 $67.11 QEI Fees $129.06/month 2. All references to the State of Missouri statutes are deleted and the equivalent Texas statures are substituted in their place. **KRMS-Elevator Phone Monitoring Y N **Requires execution and completion on the CIS (Customer Information Sheet) before phones can be programmed to KONE. NSA-00-0036 12/2018 APPLICABLE LAW This Agreement shall be construed and enforced in accordance with,and the validityand performance of shall be governed by,the laws of the State of//n� PROPOSED SCOPE OF WORK: Per attachment D: Sope of Services City of Kansas City/US Communities Master Agreement#EV25I6: - Class "A" Complete Preventative Maintenance is INCLUDED as the scope of work for this contract, and includes REGULAR TIME CALLOUTS. NSA-00-0036 12/2018 ACCEPTANCE Service Agreement Effective Date: October 25,2024 Service Agreement Number:TBD The parties to this service agreement agree to the conditions contained herein: • Sign for on behalf of Participating Public Agency (Signature) (Print Name) (Print Title) Date: (aJ/'yl c4 Respectfully submitted, KONE Inc. Michael Nabors (Submitted By) (Approved By) Authorized Representative (Title) Date: / / NSA-00-0036 12/2018 PARTNERSomNIA. ELEVATOR AND ESCALATOR MAINTENANCE AND SERVICES Executive Summary , Lead Agency:City of Kansas City,MO Solicitation: RFP#EV2516 RFP Issued:May 1,2018 Pre-Proposal Date:May 15,2018 Response Due Date:June 8,2018 Awarded to: Kone,Inc. The City of Kansas City, Missouri Procurement Services Division issued RFP#EV2516 on May 1,2018,to establish a national cooperative contract for Elevator and Escalator Maintenance and Services. The solicitation included cooperative purchasing language in Section 3-U.S.Communities and Section 22- Cooperative Procurement with other jurisdictions. Notice of the solicitation was sent to potential offerors,as well as advertised in the following: • City of Kansas City website • Daily Journal of Commerce,WA • US Communities Website • Honolulu Star-Advertiser,HI • Business Tribune,Oregon -•- The Advocate—New Orleans,LA On June 8,2018 proposals were received from the following offerors: • Kone,Inc. The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee elected to enter into negotiations with Kone,Inc.and proceeding with contract award upon successful completion of negotiations. The City of Kansas City,U.S.Communities and Kone,Inc.successfully negotiated a contract,and the City of Kansas City executed the agreement with a contract effective date of December 1,2018. Contract includes: • Comprehensive elevator and escalator maintenance/services for vertical transportation needs • Maintenance and safety inspections and certification programs • Elevator phone monitoring 24x7x365 Page 1 of 2 • • GPS Proximity dispatching of Technician for fastest response time for entrapment • Automatic emails to designated personnel every time a technician provides maintenance,callback or repair services • Kone Care 24/7 Connect utilizing IBM Watson technologies and data analytics • Online training Term: Initial six(6)year agreement from December 1,2018 through November 30,2024 with the option to renew for five(5)additional one-year periods through November 30,2030. Pricing/Discount: • Fixed pricing for years 1-3 of contract.3.25%price adjustment in year 4,year 6,and year 8. OMNIA Partners, Public Sector Web Landing Pages: https://www.omniapartners.com/publicsector/contracts/supplier-contracts/kone Page 2 of 2 • ®CUMM I N5' Preventative Maintenance Inspection Agreement A L L I S O N This is not an Invoice Terms:Service not rendered until receipt of Payment. customer Number Dale entered at Home Office Reference ff AO?lt fPrr 852 Feehanville Drive•Mt.Prospect,IL 60056••847.299.9550 22454, Machine Location: 22454*2 County: BRAZOS Bill To: 22454 County BRAZOS Mail or Email this Signed Contract to: TX BRAZOS CNTY TAX ASSESSOR TX BRAZOS CNTY TAX ASSESSOR Cummins Allison,A CPI Brand 4151 COUNTY PARK COURT PO BOX 914 City: BRYAN State:TX Zip: 77802 City: BRYAN State: TX Zip: 77803 Contact: Attention: NAiCS: Phone#: Phone: CITax Exempt PO# (Certificate Attached) Application: Elcommercial Billing Frequency:/ I Annual A For Service Please call: i Support Type: I Standard „+ Contract I Annual. PMIA .1 A,S.0,.2,3,4,5(Additional charges apply for bill (See Section 7) J Type: 1 frequency other than annual or multi-year) SCE Description of red Volume Service Max0Annual Base Amt.(Annual) Zone Zone Amount Total Annual Line g Maehlne/Acwasory ssory//Option PMIA Tier Location I Site ID Part Number Serial Number Code Branch Sales Rep Inspections JETSCAN,1131 Ifx3 Standard 480-9310-00 11131072122347 2 1600 2 554.00 4 240.00 794.00 •Each Coverage Code relates to a specific product coverage es described In Section 4 on pages 2 and 3.••See section 7 on Page 3. Total Base Type Contract T e Multiplier: ••Enhanced Warranty only applies to initial year following Installation and can not be sold for multiple years.Annual Billing Freguenclne Only. Amounts: 554`00 X % 100 554.00 Machine Installation Date: Assigned Contract# Support Type Adder%: Line(s)Effective Date: Prorate From: 12/9/2024 to 2/24/2025 Total Zone Charge Amount: 240.00 CTD1 CTD4 Total Annual Contract Amount: 794.00 CTD2 CTD5 Contract Effective Date:2/25/24 TO 2/24/25 Multi-Year Total Amount: CTD3 CTDB Add to Contract- 68490424 Tax Additional Terms and Conditions(Additional terms and conditions listed on Page 2 and 3) In consideration of the charges above,payment each year in advance,Cummins Allison,subsequently referred to as C-A,agrees to perform maintenance service and furnish necessary replacement parts,subject to the following terms and conditions,on equipment listed by part number and serial number and location above.If any piece of equipment listed on the contract experiences a regular increase in volume beyond that which was contracted,C-A reserves the right to adjust the annual rate of the contract to the appropriate volume level at the time of renewal. SECTION 1—PERIODIC INSPECTION Subscriber acknotesit ' read and understood all 1.Periodic inspections are performed up to the maximum number shown above per machine.These are performed on users premises to inspect, this agre ment.The to nd conditions on page 2 test,clean,lubricate,adjust and perform all other maintenance operations which such inspections and testing shall indicate are required in order to and 3 of th ocu nt�f a ree . minimize the possibility of break downs and to maintain in proper working order each machine covered by this agreement. 2.Regular cleaning and Jam clearance needs to be performed by the user and is not provided by CA except at the time of Inspection.Additional /7 Lf requests by the user for regular maintenance are only offered as a billable event. Purchaser's Authorized Signature ate 3.For the purpose of such Inspection each machine fisted on this contract must be made available to C-A personnel for the time period required to perform all maintenance functions. SECTION 2--EMERGENCY SERVICE Printed Name and Title of Authorized Signer. 1.This agreement includes emergency service requested by the user and Found by the service representative to be necessary to keep the LAURIE CONNOLLY 1219/24 equipment in good operating condition. Cummins Authorized Representative Date 2.This agreement includes all travel expense except on emergency calls requested by users located more than 50 miles from the local C-A office ("rural"box will be marked with an"X"at top of form),in which case a charge for mileage only portal-to-portal will be made. Please mail signed form to office listed et top of this page. Page 1 of 5 3OG-030.R2S Rev Date 01/1112024 Reference No. • SECTION 3—PARTS COVERAGE 1.This agreement Includes all parts indicated under the applicable paragraph(s)identified In the Coverage Code column above and described in Section 4—Specific Product Coverage,which can be Installed without the use of shop facilities and on user's premises. It does not include supplies or consumable parts excluded under Section 4 Specific Product Coverage. 2.When,in C-A opinion,a shop reconditioning is necessary and on-site repair and parts replacement cannot keep the machine(s)in satisfactory operating condition,C-A will submit a cost estimate. Such work(both parts and labor),if authorized by the customer,will be in addition to the service contract charges. SECTION 4—SPECIFIC PRODUCT COVERAGE This agreement and associated parts coverage applies to the machine part number and serial number corresponding to the Coverage Code(s) and location/s as recorded on the front of this agreement. CODE 1 Perforators—All parts excluding die blocks. CODE 2 Imprinters,Signers and Endorsing Equipment—All parts excluding:signature and endorsing dies;PROMS;Ink and ink rollers;and rubber feed rollers. CODE 3 Bursters and Decollators—All parts excluding roll cleaner or other supplies. Paper Shredders--Excludes plastic bags and lubricating oil. •Does not Include parts or labor necessitated by excess use. This is defined as exceeding 150 hours of operation per month. •Does not include parts or labor necessitated by misuse. This includes,but Is not limited to,continuous shredding of material other than paper products,credit cards,staples or occasional one inch paper clips. Note:High Security Cross Cut Shredders are"paper only"shredders. Unacceptable material would include,but not limited to,microfilm,microfiche,jumbo paper clips,brass fasteners,binder clips,or other metals objects. CODE 4 New Machine Coverage-Shredders •Signed within 90-day labor warranty period. •Full parts and labor coverage on customer premises or Cummins-Allison local service facility(supersedes Section 3,Paragraph 2). There may be a charge for labor at 50%of the local Cummins-Allison Service Branch labor rate for extensive repairs(exceeding two(2)hours)on High Security Shredders and large,high volume shredders(208,220,460 volt units)that can not be removed from the customer's premises. CODE 4A Strip Cut Shredders—Cutters become consumable,chargeable parts after the five(5)year warranty. CODE 4B Particle Cut Shredders—Cutters and deflectors become consumable,chargeable parts after the three(3)year warranty. CODE 4C High Security Cross Cut Shredders-Cutters and deflectors become consumable,chargeable parts after the one(1)year warranty. CODE 5 Existing Machine Coverage—All Shredder Models -Signed after the 90 day labor warranty period. -Limited parts and labor coverage.Does not include cutters,cumbers,separators,deflectors,spacers or cutter shafts except where warranties apply.Also refer to Section 3 Paragraph 2. CODE 6 MICR Encoders—All parts covered excluding Printer Paper,Printer Ribbons and MICR Ribbons. CODE 7 JetCount Currency Counters—All models. All parts covered excluding roll cleaner,compressed air.carrying case,imprinting dies and ink rollers. CODE 8 JetScan Currency Scanners—All models. All parts covered excluding roll cleaner,compressed air,carrying case. CODE 9A JetCash Currency Dispensers—All parts covered excluding picker module assemblies,stacker module assemblies,transport assemblies,currency cassettes and software license fees. CODE 9B JetCash Currency Dispensers Extended Coverage—All parts covered excluding currency cassettes,and software license fees. CODE 10A JetSort Coin Sorters—All Model 1000,2000,3500,4000 Series includes Sort Disk coverage for five years from install date,while under PMIA. Excludes Sort Pads,ribbons,and printer paper. AU 5000/6000 Series:Excludes Sort Disk(unless entering into Sort Disk coverage PMiA),Sort Pads,ribbons and printer paper. CODE 10B JetSort Coin Sorters—All Models-No Paris Coverage. Code 10C JetSort Coln Sorters-Self-Service Models 6000 Series. (Models 6680-6699).All parts including Sort Disk and Sort Pads.Excludes supply Items such as ribbons and printer paper. CODE 11 External Device—C-A Personal speech system,C-A Printer Kit,Remote.Display,Bar Code Scanner or other C-A su lied external device. Excludes all supply items. Page 2 of 5 I have read and agree to these terms: Buyers Initials: ��V�''�1 Date: J i CODE 12A Coin Wrappers—Ail parts covered excluding Wrap Rollers,Crimps Hooks,Hopper Belts,Coin Feed and Drive Belts. Reference No. CODE 12B Coin Wrappers Extended Coverage-All parts covered including Wrap Rollers,Crimps Hooks,Hopper Belts,Coin Feed and Drive Belts. CODE 12C Coin Wrappers-Very High volume—Over 6000 rolls per day. Parts coverage same as Code 12B. CODE 12D Coin Wrappers—No parts coverage. CODE 13 Coin Counters and Coln Dispensers—All parts covered excluding Coin Feed Belts and Hopper Belts, CODE 14 Casino Coin Scale—Includes Terminal,Remote Keyboard,Center Dump Hopper,Printer. Excludes Load Cell and Ribbons. CODE 15 Coin Transport System—No parts coverage. SECTION 5—DISCLAIMERS AND LIMITATION OF LIABILITY 1.This agreement does not include new attachments,modifications,retrofits,changes in inscription to dies blocks or dies requested by user. 2.This agreement does not include parts or labor necessitated by acts of God,war,fire,water sabotage or accidental damage. 3,This agreement does not include parts or labor necessitated by adverse environments(temperature,humidity,poor or fluctuating electrical power),volumes in excess of the'volume rate'Identified In this,agreement, mis-use,abuse,sabotage,damage due to shipping or other casualty loss or damage. 4.Repairs by unauthorized service personnel will void this agreement. If such repairs necessitate service from C-A authorized service personnel,a charge for parts and labor will be issued to the customer. 5.C-A'S SOLE RESPONSIBILITY UNDER THIS AGREEMENT IS FOR SERVICE AS SPECIFIED. IN NO EVENT WILL C-A BE LIABLE FOR ANY LOST PROFITS,LOST SAVINGS,OR OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF C-A HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY. 6.C-A reserves the right to deny service to equipment that is located in environments which,at the discretion of C-A,would subject C-A service personnel to an unreasonable risk of harm.Equipment to be serviced under this Agreement and located in an unreasonable dangerous environment must be first relocated to a Location Identified by C-A at the Customer's expense. SECTION 6--ACCEPTANCE AND RENEWAL 1.This agreement is subject to acceptance by C-A in Mt.Prospect,which will evidence acceptance of this agreement by billing for such service from its office in Mt.Prospect,Illinois. All payments for service rendered under terms of this agreement are to be forwarded to Cummins-Allison Corp.,891 Feehanville Drive,Mt.Prospect,Illinois 60056. 2 Thls agreement will renew itself automatically each year at the rates in effect at the time of renewal and will continue unless cancelled in writing by either party 30 days prior to renewal. Any taxes,now or hereafter Imposed upon the furnishing of the service and/or material herein described or upon the control thereof or the receipts therefrom shall be paid for by the owner or user of the equipment. 3.Cancellation Policy: If In the event a contract is cancelled by the customer prior to the expiration date,the prorated(unused)portion of the contract will be refunded to the customer with any services performed during the partial contract period being charged back,less the value of any paid portion of the contract that has not been refunded.Prorated refunds will not be reduced for cancellation of contract on equipment that is replaced with new equipment,provided the new equipment is placed Immediately under contract. SECTION 7—SUPPORT TYPE:Hours,Shifts,Volumes. Percent of Total Base Amount. Support Type Adder Description 1 0% Standard:8AM-5PM,Mon-Fri,Response within 24 Hrs. 2 10% Extra:7AM-7PM,Mon-Fri,Response within 24 Hrs. 3 20% 6 Days:8AM-5PM,Mon-Sat,Response within 24 Hrs. 4 30% 7 Days:8AM-5PM,Mon-Sun,Response within 24 Hrs. 5 50% 24/7:Around the Clock,7 Days,Response within 24 Hrs. 6 40% 12/7:7AM-7PM,7 Days,Response within 24 Hrs. 7 Ala Carte After Hours-Ala Carte:Service requested beyond Standard Hours-Labor/Travel Invoiced Separately 8 25%. 2 Shifts:Machine operated 2-Eight Hour Shifts,Stand.Hours 950% 3 Shifts:Machine operated 3-Eight Hours Shifts,Stand.Hours Types 8&9:After Hours service billed separately with approved Quote. Section 8 —Power Requirements. -Voltage Operating Range: 105-130 VAC. •Frequency. 50/60 Hz •Electrical Supply circuit:A 15 Amp electrical supply properly grounded and protected by a circuit breaker must be provided with this equipment.The three-prong grounded plug supplied with this equipment must be plugged into a properly grounded three-prong outlet.To ensure proper operation of this equipment,a separate circuit serving only this device should be provided. •it Is the customer's responsibility to provide a power line that is grounded and protected by a circuit breaker in accordance with the applicable local electrical code. •Power disruptions that result in input voltage other than the power requirements as specified in the equipment specifications can lead to improper operation or result in the failure/damage to electrical components.Such power disruptions are not covered under the machine warranty or Preventative Maintenance Agreement.Power conditioning/stabilizing devices are available through Cummins-Allison Corporation. Page 3 of 5 I have read and agree to these terms: Buyers Initials: Date: / i 7f 2'',4 I Reference No. Line# Description of Covered PMIA Type Location!Site ID Part Number Serial Number Volume Service Sales Rep #Annual Base Amt.(Annual) Zone Zone Amount Total Annual Amount MachinetAccessoryt Option Code Branch Inspections _ Page 4 of 5 Buyers Initials: Date: tali S-1+ • I Reference No. LineA Description otCovered PMIA Type Location/SiteID Part Number Serial Number Volume Service Sales Rep Annual Base Amt.(Annual) Zone Zone Amount Total Annual Amount Machine/Accessory/ Option Code Branch inspections Page 5 of 5 Buyers Initials: Date: L al L Z �a�" BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: Purchasing NUMBER: )ATE OF COURT MEETING: 12/17/2024 TEM: Approval of Agreement#25-087 for Housing Services with Father Flanagan's Boys' Home for Juvenile. "O: Commissioners Court 'ROM: Josue Loyola )ATE: 12/12/2024 rISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description, Type Partially Executed Agreement.pdf Contract. Backup Material • STATE OF TEXAS COUNTY OF BRAZOS CONTRACT FOR RESIDENTIAL SERVICES In accordance with provisions of the Brazos. County juvenile Probation Department, hereinafter called "JUVENILE DEPARTMENT," and Father Flanagan's Boys' Home hereinafter called "SERVICE AGENCY," by this Agreement, and in consideration of the mutual promises set forth below agree to the following: I. PROVISIONS OF SERVICE A. The SERVICE AGENCY agrees to provide the following residential services for housing and supervision of alleged or adjudicated juvenile offenders placed in licensed juvenile care facilities by the JUVENILE DEPARTMENT(hereinafter referred to as"residents"),which services shall be limited to: 1. Provide secure and/or non-secure residential facilities for residents at the Levels of Care indicated in Addendum#1 and#2(which are attached hereto and incorporated herein for all purposes); 2. The acceptance of any youth into our residential program Is subject to the sole discretion of the SERVICE AGENCY. 3. Each resident placed in SERVICE AGENCY'S residential facilities pursuant to this Contract shall,have access to the community to achieve treatment or correctional objectives through applicable educational or employment programs provided by SERVICE AGENCY. SERVICE AGENCY'S residential facilities and services described on Addendum #1 and#2 attached hereto are not primarily used for(a)the confinement or detention of juvenile residents or others,or(b)the restriction of the movements and activities of juvenile residents or subject juvenile residents to control using physical barriers or intensive supervision. 4. Provide medical attention for each resident placed in the SERVICE AGENCY'S facilities In accordance with Paragraph 0.of this Article I; 5. Provide crisis intervention for each resident placed in the SERVICE AGENCY'S facilities at the Levels of Care indicated in Addendum #1 and#2, including all emergency counseling and routine counseling for each resident, as necessary; 6. SERVICE AGENCY will be financially responsible for all medical, dental, psychiatric, pharmacy, optometry,and therapeutic care provided to a youth up to a maximum of $5,000 annually. Any medical, dental, pharmacy or optometry needs that exceed the $5,000 maximum annually will be the financial responsibility of the Juvenile Department.THE SERVICE AGENCY will make reasonable efforts to bill third party payors,including Medicaid,for the aforementioned health care expenses based on information provided by the Agency. If the SERVICE AGENCY is not reimbursed by third party payors exceeding $5,000 annually, the Juvenile Department shall be financially i responsible for fifty percent(50%)of the gross charges for such health care expenses provided by FFBH providers and shall reimburse the SERVICE AGENCY for one hundred percent(100%)of the health care expenses FFBH purchased from external or non-FFBH providers. Participate In the formulation,preparation,review and modification of an Individual Program Plan(IPP)for each resident,pursuant to Article IL herein; 7_ Prepare and maintain a written progress report for each resident,as provided in Paragraph I.of this Article I.;and B. Maintain records for residents in accordance with the provisions hereof. B. As consideration for the above-specified services,the JUVENILE DEPARTMENT agrees to pay the SERVICE AGENCY an amount not to exceed the amount allowed in the current CJD Maximum Rate Schedule,as restated in Addendum#1 and #2 and calculated per resident for each day in which each resident is provided residential services hereunder. C. Recognizing that a resident's rehabilitation program may indude scheduled time away from the residential setting of the SERVICE AGENCY, such as weekends, holidays,etc.,and that the SERVICE AGENCY must retain space for a resident during a scheduled absence until his/her return, the JUVENILE DEPARTMENT will pay the SERVICE AGENCY the amount agreed upon in Addendum #2 for such scheduled absence days; provided, however, that the JUVENILE DEPARTMENT will not be responsible for paying to retain space for any resident for an absence of more than three (3) consecutive days, unless the SERVICE AGENCY has obtained prior approval from the JUVENILE DEPARTMENT. D. If a resident makes an unauthorized departure from the residential setting of the SERVICE AGENCY, the JUVENILE DEPARMENT shall be notified immediately. If the absent resident returns to the SERVICE AGENCY within three(3)days or prior to the last billing day of the month,whichever occurs first,the SERVICE AGENCY shall be entitled to bill JUVENILE DEPARTMENT for those days in the monthly billing period the resident was absent from the SERVICE AGENCY,provided that the JUVENILE DEPARTMENT shall not be required to pay for an unauthorized absence extending beyond three (3) consecutive days,regardless of applicable billing period. E. The SERVICE AGENCY Is under no obligation to retain space for a resident absent without authorization. F. Payment by the JUVENILE DEPARTMENT is to be made monthly. Billing for payment will be submitted by the SERVICE AGENCY far each calendar month no later than ten (10) days from the last day of the month for which payment is being requested. G. Each billing should be itemized to contain the PID# of each resident far whom payment is being requested,the number of days each resident was in residence during that billing month, and each resident's Level of Care for the billing month. SERVICE AGENCY will be provided resident's PID#at time of admission. H. The SERVICE AGENCY is under no obligation to accept any juvenile for 2 residency who is deemed by the SERVICE AGENCY to be inappropriate for placement in its facilities. I. The SERVICE AGENCY shall provide each resident's Probation Officer with a written report of the resident's progress on a monthly basis. J. If a resident in placement at the SERVICE AGENCY makes an unauthorized departure, becomes seriously ill, or is involved in an incident of a serious nature, the SERVICE AGENCY shall notify the resident's Probation Officer and the JUVENILE DEPARTMENT Placement Officer immediately and shall ensure that parents and proper authorities, including the Texas Department of Human Services, are also notified immediately. K. The JUVENILE DEPARTMENT reserves the right to terminate a resident's placement at the SERVICE AGENCY at its discretion.The SERVICE AGENCY must not release a resident to any person or agency other than the JUVENILE DEPARTMENT without the prior express written consent of the JUVENILE DEPARTMENT. L. Prior approval must be obtained from the JUVENILE DEPARTMENT.before any resident's participation in any furloughs,home visits,field trips or extended agency trips. SERVICE AGENCY accepts FULL RESPONSIBILITY for any actions, incidents, accidents, etc. that resident may be involved when removed from SERVICE AGENCY'S facilities for any reason whatsoever. M. Unless otherwise stipulated by the JUVENILE DEPARTMENT, a resident may freely visit with parents and relatives at the SERVICE AGENCY, in accordance with established SERVICE AGENCY policies. N. Suspected or alleged cases of child abuse at facilities of SERVICE AGENCY, whether involving residents, staff, or others, must be immediately reported to the JUVENILE DEPARTMENT Placement Officer and the Department of Human Services. JUVENILE DEPARTMENT and SERVICE AGENCY recognize the following Nebraska Legislature regarding allegations of child abuse at residential facilities: (1)When any physician, medical institution, nurse, school employee,social worker, or other person has reasonable cause to believe that a child has been subjected to child abuse or neglect or observes such child being subjected to conditions or circumstances which reasonably would result in child abuse or neglect,he or she shall report such incident or cause a report of child abuse or neglect to be made to the proper law enforcement agency or to the department on the toll-free number established by subsection(2)of this section.Such report may be made orally by telephone with the caller giving his or her name and address,shall be followed by a written report, and to the extent available shall contain the, address and age of the abused or neglected child,the address of the person or persons having custody of the abused or neglected child,the nature and extent of the child abuse or neglect or the conditions and circumstances which would reasonably result in such child abuse or neglect, any evidence of previous child abuse or neglect including the nature and extent, and any other information which in the opinion of the person may be helpful in establishing the cause of such child abuse or neglect and the identity of the perpetrator or perpetrators. Law enforcement agencies receiving any reports of child abuse or neglect under 3 this subsection shall notify the department pursuant to section 28-718 on the next working day by telephone or mail.(Neb.Rev.Stat.28-711) (2)The department shall establish a statewide toll-free number to be used by any person any hour of the day or night, any day of the week,to make reports of child abuse or neglect.Reports of child abuse or neglect not previously made to or by a law enforcement agency shall be made immediately to such agency by the department. 0.The SERVICE AGENCY shall not dispense prescription medication to residents without prior approval of a ,physician and prior notification of the JUVENILE DEPARTMENT; and, it is further provided that the SERVICE AGENCY shall obtain emergency medical care and hospitalization for residents as needed, recognizing that emergency medical care and hospitalization are the responsibility of residents'parents and the JUVENILE DEPARTMENT must be given notice within twenty-four(24)hours of any emergency treatment or hospitalization. P. All identifying information pertaining to each referral shall be held in strictest confidence,in accordance with applicable state and federal laws. II. INDIVIDUAL PROGRAM PLAN AND FAMILY INVOLVEMENT A. Each resident placed with the SERVICE AGENCY shall have a written Individualized Program Plan (IPP)developed in concert with the resident and mutually agreed upon by the appropriate SERVICE AGENCY Staff and appropriate JUVENILE DEPARTMENT Staff prior to placement. B. The IPP shall be reviewed jointly by the appropriate SERVICE AGENCY Staff, the resident,and the appropriate JUVENILE DEPARTMENT Staff at reasonable intervals, not to exceed ninety(90) days,to assess the resident's progress; modifications of the IPP shall be made when indicated. C. The IPP shall contain the reasons why the placement will benefit the resident and shall specify behavioral goals and objectives that are to be achieved in the SERVICE AGENCY placement; and, this IPP shall state a plan as to how the parent(s) and/or guardian(s) shall be involved in the IPP to assist in preventing or controlling the resident's alleged delinquent behavior or alleged conduct indicating a need for supervision,as defined in The Texas Family Code. D. Copies of the original IPP and the periodic reviews are to be maintained by the SERVICE AGENCY and the JUVENILE DEPARTMENT Placement Officer. III. EXAMINATION OF PROGRAM AND RECORDS A. The SERVICE AGENCY agrees that it will permit the JUVENILE DEPARTMENT to examine and evaluate its program of services provided under the terms of this Agreement and to review the SERVICE AGENCY'S resident records. This examination and evaluation of the program will include.unscheduled site visitations, observation of programs In operation, Interviews, and the submission of questionnaires to the staff of the SERVICE AGENCY and the residents. B. The SERVICE AGENCY shall provide to the JUVENILE DEPARTMENT 4 such information on residents as requested on forms provided by the JUVENILE DEPARTMENT. C.The SERVICE AGENCY agrees to maintain and make available for inspection, audit, or reproduction by an authorized representative of the JUVENILE DEPARTMENT and the State of Texas, books, documents, and other evidence pertaining to the costs and expenses of this Agreement,hereinafter called the"Records." D. The SERVICE AGENCY agrees to maintain these Records for three(3)years after final payment or until the State-approved audit has been made and all questions therefrom are resolved. E. The parties acknowledge that Boys Town has regulatory obligations to keep information about our service recipients confidential. Same of those regulations include but are not limited to the Health Insurance Portability and Accountability Act(HIPAA) and the Family Educational Rights and Privacy Act(FERPA). As such, Boys Town will comply with any current and future applicable privacy regulations. IV.GOALS,OUTPUT,AND MEASURABLE OUTCOMES A.The SERVICE AGENCY agrees to pursue the goals and values of the JUVENILE DEPARTMENT through providing services to each resident, which services enable resident growth and development to the resident's fullest potential. This development wilt be accomplished through provision of a safe, drug-free environment in which services are utilized as tools for educational,emotional,and behavioral catharsis. B. The SERVICE AGENCY shall provide the JUVENILE DEPARTMENT information that outlines the output measures of the services provided to its residents. This information shall be provided to the JUVENILE DEPARTMENT within ten (10) working days from execution of this Agreement and within ten (10)working days following any revisions or updates of that information.These output measures may include, but are not limited for 1. Average length of stay of residents; 2. Specific types of milieu implemented by the SERVICE AGENCY; 3. Average number of counseling hours provided each resident daily,weekly,or monthly;and 4. Number and types of reporting measures. C. The SERVICE AGENCY agrees to furnish the JUVENILE DEPARTMENT information on annual indicators which measure the outcomes of effectiveness of the SERVICE AGENCY in providing public benefits from its residential services. This information will be furnished to the JUVENILE DEPARTMENT within ten (10) working days from the execution of this Agreement and within ten (10)working days from any annual update of such information.These measurable outcomes may include: 1. The percentage of residents successfully completing the program. 2. The percentage of residents who are reunited with family or guardians. 3. The percentage of youth who remain drug-free, do not re-offend and/or remain in school for a designated aftercare period. 5 V. FEE ASSESSMENT A. Residents or their families shall not be assessed fees for services by the SERVICE AGENCY,unless the Court orders Fee arrangements.The SERVICE AGENCY and the JUVENILE DEPARTMENT shall not be preduded from reasonable attempts to seek voluntary contributions from families of residents for donations of clothing, personal articles,and funds to assist in supporting a youth's rehabilitation. B. If a resident is eligible for fiscal support from another agency or organization, the SERVICE AGENCY shall ensure that the JUVENILE DEPARTMENT is not billed for such fiscal support for which the resident is otherwise eligible. VI.EQUAL OPPORTUNITY A. Services shall be provided by the SERVICE AGENCY in compliance with the Civil Rights Act of 1964,the Americans with Disabilities Act, and the Age Discrimination Act. The SERVICE AGENCY will not discriminate against any employee, applicant for employment, or resident on the basis of race, ethnicity, religion, gender, sexual orientation,national origin,age,veteran status,or disability. B. The SERVICE AGENCY agrees that it shall adopt and implement workplace guidelines concerning persons with AIDS and HIV infection and shall also develop and implement guidelines regarding confidentiality of AIDS and HIV related medical information far employees of said SERVICE AGENCY and for residents, staff and residents served by the JUVENILE DEPARTMENT, in accordance with the provisions found in Ads 1989,71s,Leg.,Ch. 1195,Section 5.03 and Section 5.04. VII.OFFICIALS NOT TO BENEFIT A. No officer, member or employee of the JUVENILE DEPARTMENT or SERVICE AGENCY,nor any member of their governing bodies, nor any other public official of the governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest, have any personal or pecuniary interest,direct or indirect,in this Agreement or the proceeds thereof. VIII. DEFAULT A. The JUVENILE DEPARTMENT may,by written notice of default to the SERVICE AGENCY,terminate this Agreement in whole or in part, upon any one of the following circumstances: 1. If the SERVICE AGENCY fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or 2. If the SERVICE AGENCY fails to perform any of the other provisions of this Agreement,or so fails to prosecute the work as to endanger performance of this Agreement in accordance with its terms. B. Upon occurrence of either of these two circumstances, the JUVENILE DEPARTMENT may grant the SERVICE AGENCY an extension of time to cure such failure; provided, however, that if SERVICE AGENCY fails to cure such failure within a 6 period of ten(10)days from such extension authorized by the JUVENILE DEPARTMENT, the JUVENILE DEPARTMENT may terminate this Agreement in writing. C. Upon receipt of information from its own monitoring or other verifiable sources that the SERVICE AGENCY has not complied with any of the provisions herein, the JUVENILE DEPARTMENT may terminate this Agreement in accordance with Article X. herein or, at its discretion, take other corrective actions it deems necessary, including but not limited to: 1. Requiring the SERVICE AGENCY to take specific corrective action in order to remain in compliance with this Agreement; 2. Recoup payment made to SERVICE AGENCY; 3. Impose recommendations from audit to investigative findings, or sanctions; and/or 4. Suspend, place into abeyance, or terminate any contractual rights, including but not limited to, withholding payment, cessation of placement and/or removal of any of the residents then in the program. IX. ASSURANCES A. Services provided under this Agreement shall be provided in accordance with all applicable local,state and federal rules,regulations,laws,'statutes or ordinances. B. The SERVICE AGENCY certifies compliance with all terms,provisions and requirements of Title VI and VII,Civil Rights Act of 1964,the Americans With Disabilities Act of 1990, and any other federal, state or local rule, regulation, law, statute or ordinance applicable to the-performance of this Agreement. C. The SERVICE AGENCY certifies that it and/or its staff have obtained all necessary licensing and permitting to enable it to carry out its obligations under this Agreement and that SERVICE AGENCY and its staff have professional liability Insurance. D. Pursuant to Section 231.006 of the Texas Family Code,the SERVICE AGENCY certifies that it is not ineligible to receive the state-funded grant, loan,or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. E. The SERVICE AGENCY agrees to account separately for the receipt and expenditure of any and all state funds received from the JUVENILE DEPARTMENT. F. The JUVENILE DEPARTMENT,BY IBIS AGREMENT,is engaging with the SERVICE AGENCY in whole or in part to provide services,more particularly described above.Either party to this Agreement may be a covered entity under the Health Insurance Portability and Accountability act(HIPAA).The SERVICE AGENCY shall,during the term of this Agreement,remain In compliance with all of the applicable HIPAA regulatory provisions.The JUVENILE DEPARTMENT reserves the right to receive assurance of compliance,including but not limited to,Inspection of the SERVICE AGENCY'S HIPAA policies,procedures and practices.The SERVICE AGENCY shall Inform the JUVENILE DEPARTMENT of any breaches or violations involving JUVENILE 7 DEPARTMENT'S data.failure to comply with this provision is a breach of this Agreement and in JUVENILE DEPARTMENT'S sole discretion may result in termination of this Agreement or other appropriate action. G. The SERVICE AGENCY certifies that it has in place insurance against personal injury and property damage that may be suffered by any person or entity as a result of the use of its residential facilities used in performance of its obligations hereunder.The SERVICE AGENCY shall indemnify the JUVENILE DEPARTMENT and Angelina County and hold the JUVENILE DEPARTMENT and Angelina County harmless for any injury,daim or property damage•or loss suffered by any party as a result of the negligence or intentional acts of SERVICE AGENCY relating to SERVICE AGENCY'S provision of services under Agreement.SERVICE AGENCY shall not be required to indemnify or hold harmless the JUVENILE DEPARTMENT or Angelina County for the negligence or intentional acts of the employees,agents,representatives,or volunteers of the JUVENILE DEPARTMENT or Angelina County. X.TERMINATION A.This Agreement may be terminated by either party by giving ten(10)days written notice to the other party hereto of the Intention to terminate. B. Termination by the SERVICE AGENCY of any services to any resident shall occur only after first notifying the JUVENILE DEPARTMENT Placement Officer of the causes and with lead-time of at least ten(10)days to allow alternate placement or referral for service elsewhere. XI.PRISON RAPE ELIMINATION ACT Service Provider shall adopt and comply with all federal, state, county, and city laws, ordinances, regulations and standards applicable to the provision of services described herein and the performance of all obligations undertaken pursuant to the Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero- tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection,elimination, prevention, and reporting of sexual assault in facilities housing adult and juvenile offenders[PREA§115.312(a)]. Under PREA, Service Provider shall make available to the CPO all incident-based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30a'[PREA§115.87€and(f)]. Under PREA,the Service Provider shall be subjected to annual contract monitoring by Juvenile Probation to ensure that the Service Provider is complying with the PREA standards[PREA§115.312 (b)]. To comply with this standard the Service Provider will make available to the CPO all incident-based aggregated sexual abuse data within 24- hours of the allegation. Under PREA, Juvenile Probation will make the aggregated sexual abuse data for each Service Provider available to the public via the Juvenile Probation website [PREA§115.389(b)]. Service Provider's residential facilities and services described in this Contract(including any attachments hereto)are not primarily used for(a)the confinement or detention of juvenile residents or others, or (b) the restriction of the movements and activities of 8 juvenile residents or subject juvenile residents to control through the use of physical barriers or intensive supervision. Each resident placed in Service Provider's residential facilities pursuant to this Contract shall have access to the community to achieve treatment or correctional objectives through applicable educational or employment programs provided by Service Provider. Service Provider's fadlitles do not meet the definitions of"facility", luvenlle facility", or "secure juvenile facility" pursuant to 28 C.F.R. 115.5, As such,PREA and the provisions of Article)0(V of the Contract do not apply to Service Provider's residential facilities and services. JUL AGREEMENT TERM A.The term of this Agreement will begin on January 1,2025 and will terminate on the 31'day of December,2025. BRAZOS TEXAS COUNTY 3VVEHILE PROBATION By7 4P":-4.-E" Linda Ricketson Executive Director Ildcetsoneb+azoscountvhr crov 979-361-1838 FATHER FLANAGAN'S BOYS'HOME By: . o y Simard,Executive vice President-Youth Care Father Flanagan's Boys'Home 13603 Flanagan Boulevard Boys Town,Nebraska 68010 Phone:531-355-1927 9 ADDENDUM#1 Enhanced Family HomePiQgram At this service level, the care provided in the Boys Town Enhanced Family Home Program is based on a research-proven and evidenced based model of care. Youth live in a family-style home and receive care from professionally trained staff called Family- Teachers. Four to six boys or girls, usually ages 10 to 14, live in each home. Youth residing in these homes are in need of more intense supervision,structure, monitoring and oversight within a smaller staff ratio'family"home. Using the same evidence-based Family Home Model of Care, the smaller staff ratio allows for an increased number of teaching interactions to address higher needs of these youth. Enhanced Family Homes have additional security features and overnight awake staff, while still providing compassionate, effective care in a family style environment The children also learn social skills, attend school, participate in extracurricular activities and take part in daily chores and activities. With a focus on reunification, the Family-Teaching staff works with families to achieve permanency,safety,and child well-being. Youth admitting to the program are first served by using our research proven evidenced based model of care,which is a teaching model. If it is determined that a youth could benefit from therapeutic services they may be referred to the Boys Town's Outpatient Clinic for individual,family or group therapy based on an assessment For youth on medications they will be referred for medication management. The Enhanced Family Home Program allows residents to have access to the community to achieve treatment or correctional objectives through applicable educational or employment programs offered through this program. The Enhanced Family Home Program is not primarily used for(a)the confinement or detention of juvenile residents or others,or(b)the restriction of the movements and activities of juvenile residents or subject juvenile residents to control through the use of physical barriers or intensive supervision. Faml y Home Pi+oaram At this service level,the care provided in the Boys Town Family Home Program is also based on a research-proven and evidenced based model of care. Youth live in a family- style home and receive care from professionally trained married couples called Family- Teachers.Six to eight boys or girls,usually ages 10 to 18,live in each home.The couple and a full-time Assistant Family-Teacher are responsible for providing monitoring and supervision for youth in their daily living and structured activities.This includes meeting the educational,emotional,and behavioral needs of the youth In care. A major focus of this program is teaching youth social,independent-living,and educational skills,and helping them build healthy relationships with others. With a focus on reunification,the Family-Teaching staff works with families to achieve permanency,safety,and child well- being. Youth admitting to the program are first served by using our research proven evidenced based model of care,which is a teaching model. If it is determined that a youth could benefit from therapeutic services they may be referred to the Boys Town's Outpatient Clinic for individual,family or group therapy based on an assessment. For youth on medications they will be referred for medication management. 10 The Family Home Program allows residents to have access to the community to achieve treatment or correctional objectives through applicable educational or employment programs offered through this program. The Family Home Program is not primarily used for(a)the confinement or detention of juvenile residents or others,or(b)the restriction of the movements and activities of juvenile residents or subject juvenile residents to control through the use of physical barriers or intensive supervision. • 11 ADDENDUM#2 1. Payment Terms and Conditions:FFBH shall be compensated$275.00 per day per youth for Enhanced Family Home Services and$275.00 per day per youth for Family Home Services. FFBH shalt be compensated for the date of the youth's entry into FFBH's facility or program,but not for the date of youth's discharge from FFBH's facility or program. The Department shall make payment within thirty(30)days of submission of an invoice.' 2. Medical, Dental. Pharmacy and Optometry: SERVICE AGENCY will be financially responsible for all medical, dental, psychiatric, pharmacy, optometry, and therapeutic care provided to a youth up to a maximum of$5,000 annually.Any medical,dental,pharmacy or optometry needs that exceed the$5,000 maximum annually will be the financial responsibility of the Juvenile Department. THE SERVICE AGENCY will make reasonable efforts to bill third party payors, induding Medicaid, for the aforementioned health care expenses based on information provided by the Agency. If the SERVICE AGENCY is not reimbursed by third party payors exceeding $5,000 annually, the Juvenile Department shall be financially responsible for fifty percent (50%) of the gross charges for such health care expenses provided by FFBH providers and shall reimburse the SERVICE AGENCY for one hundred percent(100%) of the health care expenses FFBH purchased from external or non-FFBH providers. 3. Transportation: SERVICE AGENCY shall be financially responsible for preapproved transportation costs, including those at the time of admission and departure as well as visits for youth, relative or other. Transportation arrangements and costs must be preapproved, reasonable, and in accordance with FFBH travel policies and procedures. 4. Clothing and Personal Needs:The JUVENILE DEPARTMENT will ensure that youth has adequate clothing for the duration of treatment in FFBH's programs. FFBH's cost of care is$345.00/day. We are offering a reduced rate of$275.00/day for the duration of this contract. Renewal contracts will be renegotiated.Due tri the shortfall in revenue for care expenses not covered by the Juvenile Department,Service Agency will initiate fundraising efforts to bridge the financial gap to care for placed youth. I2 BRAZOS COUNTY COMMISSIONERS COURT ON ;Q,c,�wv 1 i ,20 ,FULLY EXECUTED IN DUPLICA EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BY: : /� 17/2—y Duane Peters,County Judge 200 S.Texas Avenue,Ste.332 Bryan,TX 77803 Phone:979-361-4102 Fax: 979-361-4503 1g (7 BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 12/17/2024 ITEM: Approval of the following committee for RFQ CIP#25-529 Architect for Ashford Hills Warehouse and Office Suites. • a.Trevor Lansdown • b.Trudy Hancock • c.Desmond Harris • d.Legal(non-voting) • e.Purchasing(non-voting) TO: Commissioners Court FROM: Kaitlyn Battles DATE: 12/12/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type No Attachments Available .4PPRO•. a,l• Ili ..........4, . Mane Peters Date °~'aunty Judge https://brazos.novusagenda.cam/AgendaWeb/CoverSheet.aspx?ltemID=29867 1/1 121141" 11:U4fulvi "-"'------..--- it ri,ros • BRAZOS COUNTY • BRYAN,TEXAS DEPARTMENT: Purchasing NUMBER: DATE OF COURT MEETING: 12/17/2024 ITEM: Approval of the following committee for RFQ CIP#25-562 Construction Manager at Risk for Ashford Hills Warehouse and Office Suites. • a.Trevor Lansdown • b.Trudy Hancock • c.Desmond Harris • d.Legal(non voting) • e.Purchasing(non-voting) TO: Commissioners Court FROM: Kaitlyn Battles DATE: 12/12/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description TYRA No Attachments Available PR 17ED Duane Peters Date County Judge https://brazosmovusagenda.com/AgendaWeb/CoverSheet.aspOltemID-29866 1/1 tZFILI" IZ:a7 my' 11c111 v.VWI•22n.... 1A * ,t ..... ir,:.1)* BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: Road and Bridge NUMBER: CC2024 South Six Business Park Final Plat DATE OF COURT MEETING: 12/17/2024 ITEM: Approval of the Final Plat of South Six Business Park along with a request for variance pertaining to County Regulations for Construction of Driveways/Culverts in County Easements and Rights of Ways,Section 4.A.1.h,location of driveway facilities; 17 Lots, 20.902 Acres;Andrew Millican Survey,A-39;Brazos County,Texas. Site is located in Precinct 1. TO: Commissioners Court FROM: Karen Tyler DATE: 12/05/2024 FISCAL.IMPACT: .. False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description :NPR Plat South Six Business Park FP (002),pdf Application for Development Backup Material Plat South Six Business Park FP (002)_pdf Plat Backup Material South Six Business Park- Request for Variance Memo Backup Material Driveway Culvert Variance Memo.pdf APPR t - , D NA• J 1 Duane Peters D.te County Judge https://brazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=29840 1/1 Brazos County Road & Bridge Office (kitPTE OF` •., 2617 SH 21 West )' ' Bryan, TX 77803 '* "jag Telephone: (979)822-2127 ,.*= �5 Fax: (979 775-0456 '`oEmail:"plats(a brazoscountvtx.dov PLAT APPLICATION SUBJECT PROPERTY INFORMATION APPLICATION DATE*: June 27, 2023 RESUBMITTAL: ❑ YES • NO PROJECT/SUBDIVISION NAME: South Six Business Park PROJECT ADDRESS OR LOCATION: 22425 SH-6, Navasota, Texas LEGAL DESCRIPTION: 20.92 Acres (DEED:18697/118), Andrew Millican Survey, A-39, Property ID: 12801 IF RESUBMITTAL,PROJECT FORMERLY KNOWN AS: NUMBER OF LOTS: 17 TOTAL ACREAGE 20.902 JURISDICTION: ❑ CITY LIMITS • College Station ETJ ❑ OUTSIDE ALL CITY LIMITS AND ETJs * Notification of Application completeness will be given within 10 days of Application date. All incomplete Applications will be rejected. This Application shall expire five(5)years from the Application date of the project. TYPE OF APPLICATION' ❑ MASTER PLAN ❑ SIMPLIFIED PLAT ❑ PRELIMINARY PLAN ■ FINAL PLAT ❑ AMENDING PLAT ❑ REPLAT ----- — — APPLICATION PURPOSE El RESIDENTIAL ❑ MANUFACTURED HOME ■ COMMERCIAL RENTAL COMMUNITY ❑ OTHER(Please explain): FLOODPLAIN IS ANY OF THE PROPERTY LOCATED IN A FLOODPLAIN OR FLOOD HAZARD AREA? ❑ YES ■ NO Acknowledgment: The flood hazard boundary maps and other flood data used by Brazos County in evaluating flood hazards to proposed Developments are considered reasonable and accurate for regulatory purposes and are based on the best available scientific and engineering data On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. Issuance of a Floodplain Permit in accordance with the Brazos County Flood Damage Prevention Ordinance does not imply that Development outside the areas of special flood hazard will be free from flooding or flood damage. Issuance of a permit shall not create liability on the part of Brazos County or any officer or employee of Brazos County in the event flooding or flood damage does occur. TxDOT RIGHT-OF-WAY WILL ANY CONSTRUCTION OCCUR IN TxDOT RIGHT-OF-WAYS? ❑ YES ■ NO DIGITAL FILE SUBMISSION COUNTY ENGINEER ❑ ADOBE(.pdf file) ❑ AutoCAD(.dwg file) (Email To:plats@brazoscountytx.gov) 911 ADDRESSING ❑ ADOBE(.pdf file) ❑ AutoCAD(.dwg file) (Email To:gis(a)brazoscountvtx.gov) CONTACT INFORMATION APPLICANT INFORMATION FIRM NAME: CONTACT: Christopher Albert Hoppe and Jennifer Kristin Hoppe ADDRESS: 11426 Lime Creek Road CITY: Leander STATE: TX ZIP: 78641 PHONE: FAX: EMAIL: PROPERTY OWNER INFORMATION FIRM NAME: Same as Applicant Information CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: ENGINEER INFORMATION FIRM NAME: McClure&Browne Engineering/Surveying, Inc. CONTACT: Jeff Robertson ADDRESS: 1008 Woodcreek Dr., Suite 103 CITY: College Station STATE: TX ZIP: 77845 PHONE: (979)693-3838 FAX: EMAIL: jeffr@mcclurebrowne.com SURVEYOR INFORMATION FIRM NAME: McClure & Browne Engineering/Surveying, Inc. CONTACT: Cody Karisch ADDRESS: 1008 Woodcreek Dr., Suite 103 CITY: College Station STATE: TX ZIP: 77845 PHONE: (979)693-3838 FAX: EMAIL: codyk@mcclurebrowne.com OTHER INFORMATION. FIRM NAME: CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: FAX: EMAIL: PROPERTY OWNER CONSENT I AGENT AUTHORIZATION By my signature,I hereby affirm that I am the property Owner of record,or If the Applicant is an organization or business entity,that authorization has been granted to represent the Owner,organization or business in this Application.I certify that the preceding Information Is complete and accurate,and it is understood that I agree to the Development/Subdivision of this property. SIGNATUREAf,�r'l fc/If_— PRINTED NAMEL4/L[STm/o)tsn. /f on/'6- DATE: 7/? /Z.T SIGNATUR pet. PRINTED NAME: DATE: 711,14 5 uennicre Hoppe, By signing form Owner of the property authorizes Brazos County to begin proceedings in accordance with the process for this type of Appicabon indicated on page one of this Application.The Owner further acknowledges that submission of an Application does not in any way obligate the County to approve the Application and that although County staff may make certain recommendations regarding this Application, the Commissioner's Court may not folko that recommendation and may make a final decision that does not conform to the staffs recommendation. CALCULATIONS OF FEES MASTER PLAN: No charge SIMPLIFIED PLAT: $100 PRELIMINARY PLAN: $150+$10 per lot FINAL PLAT: $200+$20 per lot AMENDING PLAT: $100 REPLAT: $200 RECEIPT BY BRAZOS COUNTY (Official Use Only) DATE APPLICATION RECEIVED: / / DATE APPLICATION RECEIVED I REJECTED: / / SIGNATURE: SIGNATURE: Receipt of this Application by Brazos County does not provide confirmation or acceptance of a complete Application, nor does it waive requirements for any additional information not contained as part of this Application which may also be needed as a part of the review process. Application Check List: Copies of finished plat with corrections (if any): ❑ Three(3)hard copies to Brazos County ❑ One(1).pdf copy to Brazos County ❑ One(1) .dwg copy to Brazos County ❑ One(1)hard copy to Brazos County Health District ❑ One (1)hard copy to Brazos County 911 ❑ One (1)hard copy to local Water District or Company Letters of approval (to be sent by the approving institution directly to Brazos County Engineering): • Letter from Brazos County Health District- For On-site sewage evaluation. ❑ Letter from Brazos County 911 - For Road names. ❑ Letter from Water District or Company. -Stating water availability, etc. If property is within an Extraterritorial Jurisdiction (ETJ)of a City: ❑ Approval notification from appropriate City. Applicant attests that they have signed this Application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All Applicants are encouraged to review the County Regulations prior to any plat submittal. It is understood that this Application is not finished or dated until all documents listed above are filed at the Brazos County Engineering Office and all applicable blanks are filled in the Application above. ate Highway No. 6 rb/e Width N 339'Asph. Pvmt. ! Called 4.08 Acres Now or Formerly State of Texas Called 2.49 Acres V.5448, P.267 I Now or Formerly State of Texas I V.5441, P.226 /O/NER CALL: N 43'44'55" W) 1.Y45'28" W — 507 65' '"-- N 43'33'39" W - 315.18' C) 120.01' 0?0( 206.14' _ to a Fnd. 5/8" iron rod li,— marking the west corner \O 0 r I of the called 5.74 acre tract 16' P.U.E. J 0 Co O P v ..1 Of P. Cn N 43'01'55" W - 230.79' co o n co N 0 o ti. o N 1N O O =` 1• <3o0= -N N f Z Q :uo N o c O N 43'01'55" W - 230.77' • . s iii C) I I 143 1 3 1 I 1 1 co v^ co 1 I o �^w up o0 1 ow i I 1 1 I I �/ pp • McCLURE & BROWNE ENGINEERING/SURVEYING, INC. & D 1008 Woodcreek Dr.,Suite 103•College Station,Tx.77845•(979)693-3838 Engineer Reg.No.F-458 Survey Reg.No.101033-00 December 7,2024 Prarthana Banerji, P.E.C.F.M. County Engineer Brazos County—Road &Bridge Department 2617 Highway 21'West Bryan,Texas 77803 RE: South Six Subdivision—Driveway Culvert Variance Request Ms. Banerji: The driveways for several of the lots in the South Six Subdivision have been constructed as part of the public infrastructure installation. Some of these driveways extend beyond the projection of the property line between the lot that is being served by the driveway and the neighboring lot. This does not comply with Section 4.A.1.h of the Subdivision Regulations. I would like to request a variance for this on behalf of the developer. The lots that are affected by this request include: • Driveway Culvert for Lot 1(extends in front of Lot 2) • Driveway Culvert for Lot 2(extends in front of Lot 3) • Driveway Culvert for Lot 3(extends in front of Lot 4) • Driveway Culvert for Lot 17(extends in front of Lot 16) South Six Subdivision is a unique development as compared to other subdivisions. The lots are to be office/warehouse commercial use and are to be owned and maintained by the developer. There are no plans for any of the lots to be sold. It was with this in mind that the driveways for each lot was laid out and installed. There will be no conflicts between the driveways throughout the subdivision. The driveways for Lots 1 and 17 are placed as far away from the State Highway 6 frontage road as possible to minimize conflicts and to allow for the most maneuvering room. In addition, granting this variance would have no adverse impact on the general public in terms of health,safety,or welfare. We request that the Brazos County Road and Bridge Division review this variance request and forward it to the Commissioner's Court for consideration. Please let me know if you have any questions or need additional information. ...... Best regards, .P-cE.oF, rF 4,fc; � A? ;.*1� %JEFFERY L. ROBERTSON• O . 94745 II�I��F4���ENSFa: =: 1/�S.o Nq... �J �7,�,„A.. .1 Je ery L. Robertson, PE � /� — Principal The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Cristian Villarreal, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) j Witness my hand this / 1 day of A.D. 2024 C/41e4e.to-e.--- aren McQueen ti` County Clerk,County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this / 1 day of ram - 2024. Duane Peters, County Judge Steve Aldrich, Commissioner Precinct#1 • hi\)5a4& Chuck Konderla, Commissioner Precinct#2 ncy Be , Commissioner Pr inct#3 Wanda J. Wats n, C mmissioner Precinct#4 Treasurer's Report for the MONTH SEPTEMBER 2024 AND QUARTER ENDING 9/30/2024 .7Lr I LPIYLA iVL r I nLAJVnLn J nLr vt%I FUND NUMBER&NAME CASH BALANCE INCOMING INVESTED SUB-TOTAL DISBURSED CASH BALANCE 8/31/2024 INTEREST 9/30/2024 0100-GENERAL FUND 182,782,504.86 5,216,236.37 551,118.39 188,549,859.62 12,577,485.75 175,972,373.8' 1100- HOTEL OCCUPANCY TAX 6,302,956.23 288,376.38 6,591,332.61 43,972.28 6,547,360.3: 1200- STATE LATERAL ROAD 262,331.03 1,035.49 263,366.52 0.00 263,366.5: 1300- UNCLAIMED FUNDS 502,232.71 2,190.11 504,422.82 2,785.04 501,637.71 1500- LAW LIBRARY 168,322.56 9,187.50 177,510.06 4,905.49 172,604.5: 1800- LEOSE FUND 86,872.42 0.00 86,872.42 5,638.90 81,233.5, 1900-COUNTY RECORDS MANAGEMENT 696,128.10 2,817.61 698,945.71 0.00 698,945.7 2000- COUNTY CLERK MGMT.FUND 1,295,195.38 27,337.50 1,322,532.88 19,712.94 1,302,819.9. 2001 -COUNTY CLERK ARCHIVAL FUND 1,448,701.73 26,963.43 1,475,665.16 0.00 1,475,665.11 2200-COURTHOUSE SECURITY FUND 151,282.67 8,202.63 159,485.30 649.26 158,836.0, 2201 -JUSTICE COURT SECURITY FUND 252,788.08 4,273.39 257,061.47 0.00 257,061.4 2300- DISTRICT CLERK MANAGEMENT FUND 298,071.65 12,567.45 310,639.10 5,023.54 305,615.5, 2301- DISTRICT CLERK ARCHIVAL FUND 1,519.83 75.80 1,595.63 0.00 1,595.6 2400-JUSTICE @ PEACE-TECHNOLOGY FUND 215,802.71 3,596.79 219,399.50 148,981.45 70,418.0 2401 - CO.&DIST.COURT TECHNOLOGY FUND 132,797.38 1,212.52 134,009.90 0.00 134,009.91 2500-SPECIAL FORFEITURE FUND 37,457.28 147.85 37,605.13 0.00 37,605.1 2600- D/A HOT CHECK COLLECT FEES 5,294.42 20.90 5,315.32 0.00 5,315.3 2700- BAIL BOND BOARD FEES 114,501.30 451.97 114,953.27 0.00 114,953.2 2800-VOTER REGISTRATION 0.00 0.00 0.00 0.00 0.0 2900-VIT INTEREST FUND 382,513.73 5,125.10 387,638.83 0.00 387,638.8 3000-COUNTY GRANTS (918,903.89) 636,296.19 (282,607.70) 370,492.74 (653,100.4 3100-AMERICAN RESCUE PLAN ACT 22,056,728.64 0.00 89,125.29 22,145,853.93 904,182.10 21,241,671.8 3200-SB 22 2023 RURAL 398,086.25 1,571.36 399,657.61 237,050.70 162,606.9 3400- D/A CRIME FUND 227,815.05 899.25 228,714.30 15,834.16 212,880.1 3500- PRIMARY ELECTION SERVICES 59,515.16 907.50 60,422.66 211.48 60,211.1 3901 - BC HOUSING FINANCE CORP 516,386.27 2,038.32 518,424.59 0.00 518,424.5 4320-CO 2020 5,678,459.39 8,129.85 17,049.41 5,703,638.65 29,556.41 5,674,082.2 4323-ON SYSTEM ROAD BOND-TXDOT 16,965,166.10 8,279.97 64,616.83 17,038,062.90 1,082,455.74 15,955,607.1 43231-OFF SYSTEM ROAD BOND 7,170,392.72 1,932.02 29,036.48 7,201,361.22 1,800.00 7,199,561.2 43232- 2023 CERTIFICATES OF OBLIGATIONS 10,458,603.34 4,535.11 40,461.48 10,503,599.93 0.00 10,503,599.9 4500-GEN.PERMANENT IMPV. 18,672,572.08 5,756.50 18,678,328.58 254,336.62 18,423,991.9 5000- HEALTH&LIFE INSURANCE 13,436,606.24 1,903,593.39 15,340,199.63 1,644,639.69 13,695,559.9 5800- COUNTY ATTORNEY OPERATING FUND 69,374.35 0.00 69,374.35 0.00 69,374.3 6000- PAYROLL 1,820,195.46 6,276,129.66 8,096,325.12 6,328,608.10 1,767,717.0 9100- HEALTH DEPARTMENT 3,428,693.89 181,727.40 3,610,421.29 311,707.87 3,298,713.4 9300- REGIONAL MOBILITY AUTHORITY 7,802.13 30.80 7,832.93 0.00 7,832.9 9700-COMMUNITY SUPERVISION 1,256,140.98 687,300.84 1,943,441.82 352,871.83 1,590,569.9 TTL.OF ACCTS.IN POOL 296,440,908.23 15,328,946.95 791,407.88 312,561,263.06 24,342,902.09 288,218,360.9' 1600- LOCAL PROVIDER PARTICIPATION 24,838,237.21 162,979.43 25,001,216.64 228,595.77 24,772,620.8 4100-GEN.OBLIG.DEBT SVC. 14,483,565.97 65,990.73 17,178.88 14,566,735.58 8,900,551.63 5,666,183.9 TOTAL 335,762,711.41 15,557,917.11 808,586.76 352,129,215.28 33,472,049.49 318,657,165.7 CASH BALANCE INCOMING INVESTED SUB-TOTAL DISBURSED CASH BALANCE 6/30/2024 INTEREST-QTRLY 9/30/2024 0100- GENERAL FUND 194,570,157.12 19,810,242.43 2,038,301.04 216,418,700.59 40,446,326.72 175,972,373.8; 1100- HOTEL OCCUPANCY TAX 5,769,805.83 1,180,135.05 - 6,949,940.88 402,580.55 6,547,360.3: 1200- STATE LATERAL ROAD 259,319.77 4,046.75 - 263,366.52 - 263,366.5: 1300- UNCLAIMED FUNDS 409,018.14 95,404.68 - 504,422.82 2,785.04 501,637.71 1500- LAW LIBRARY 159,945.44 29,457.41 - 189,402.85 16,798.28 172,604.5: 1800- LEOSE FUND 88,538.40 - - 88,538.40 7,304.88 81,233.5: 1900- COUNTY RECORDS MANAGEMENT 688,078.03 10,867.68 - 698,945.71 - 698,945.7: 2000- COUNTY CLERK MGMT.FUND 1,296,512.59 95,571.31 - 1,392,083.90 89,263.96 1,302,819.9, 2001 -COUNTY CLERK ARCHIVAL FUND 1,403,654.10 94,512.85 - 1,498,166.95 22,501.79 1,475,665.11 2200- COURTHOUSE SECURITY FUND 136,115.22 23,650.50 - 159,765.72 929.68 158,836.0, 2201-JUSTICE COURT SECURITY FUND 243,849.92 13,211.55 - 257,061.47 - 257,061.4' 2300- DISTRICT CLERK MANAGEMENT FUND 279,483.87 38,799.12 - 318,282.99 12,667.43 305,615.51 2301 - DISTRICT CLERK ARCHIVAL FUND 1,453.01 142.62 - 1,595.63 - 1,595.6: 2400-JUSTICE @ PEACE-TECHNOLOGY FUND 221,115.95 11,193.91 - 232,309.86 161,891.81 70,418.0' 2401 - CO.&DIST.COURT TECHNOLOGY FUND 129,990.75 4,019.15 - 134,009.90 - 134,009.91 2500-SPECIAL FORFEITURE FUND 37,027.31 577.82 - 37,605.13 - 37,605.1. 2600- D/A HOT CHECK COLLECT FEES 5,233.65 81.67 - 5,315.32 - 5,315.3, 2700- BAIL BOND BOARD FEES 113,196.53 1,766.42 - 114,962.95 9.68 114,953.2 2800-VOTER REGISTRATION - - - - - - 2900-VIT INTEREST FUND 372,440.25 15,358.58 - 387,798.83 160.00 387,638.8: 3000- COUNTY GRANTS (650,567.51) 1,315,512.41 - 664,944.90 1,318,045.34 (653,100.4. 3100-AMERICAN RESCUE PLAN ACT 22,299,160.43 - 280,722.50 22,579,882.93 1,338,211.10 21,241,671.8' 3200- SB 22 2023 RURAL 719,820.31 8,750.27 - 728,570.58 565,963.67 162,606.9 3400- D/A CRIME FUND 222,689.05 14,406.95 - 237,096.00 24,215.86 212,880.1 3500- PRIMARY ELECTION SERVICES 68,886.62 7,649.50 - 76,536.12 16,324.94 60,211.1 3901 - BC HOUSING FINANCE CORP 510,458.75 7,965.84 - 518,424.59 - 518,424.5 4320- CO 2020 6,345,679.57 87,577.53 69,601.68 6,502,858.78 828,776.54 5,674,082.2 4323- ON SYSTEM ROAD BOND-TXDOT 19,224,331.18 14,887.58 230,284.77 19,469,503.53 3,513,896.37 15,955,607.1 43231 -OFF SYSTEM ROAD BOND 8,421,255.14 10,628.63 94,761.77 8,526,645.54 1,327,084.32 7,199,561.2 43232-2023 CERTIFICATES OF OBLIGATIONS 10,366,647.78 17,759.74 125,839.91 10,510,247.43 6,647.50 10,503,599.9 4500- GEN.PERMANENT IMPV. 19,475,515.40 5,756.50 - 19,481,271.90 1,057,279.94 18,423,991.9 5000- HEALTH&LIFE INSURANCE 13,456,875.44 8,697,043.85 - 22,153,919.29 8,458,359.35 13,695,559.9 5800 COUNTY ATTORNEY OPERATING FUND 69,269.35 105.00 - 69,374.35 - 69,374.3 6000- PAYROLL 1,868,147.94 18,699,455.06 - 20,567,603.00 18,799,885.98 1,767,717.0 9100 HEALTH DEPARTMENT 3,248,595.35 1,066,751.52 - 4,315,346.87 1,016,633.45 3,298,713.4 9300- REGIONAL MOBILITY AUTHORITY 7,712.57 120.36 - 7,832.93 - 7,832.9 9700- COMMUNITY SUPERVISION 1,470,743.33 1,156,914.14 - 2,627,657.47 1,037,087.48 1,590,569.9 TTL.OF ACCTS.IN POOL 313,310,156.58 52,540,324.38 2,839,511.67 368,689,992.63 80,471,631.66 288,218,360.9' 1600- LOCAL PROVIDER PARTICIPATION 31,283,868.90 4,724,555.24 - 36,008,424.14 11,235,803.27 24,772,620.8 4100- GEN.OBLIG.DEBT SVC. 14,430,657.38 681,654.86 53,428.34 15,165,740.58 9,499,556.63 5,666,183.9 E TOTAL 359 024 682.86 57 946 534.48 2,892,940.01 419 864 157.35 101,206,991.56 318,657,165.7 • / TYQFB�.e BRAZOS COUNTY BRYAN, TEXAS )EPARTMENT: NUMBER: )ATE OF COURT MEETING: 12/17/2024 TEM: Overpayments • a. Tire Center of Bryan -$180.00 • b. Digital Cinema Distribution -$82.12 • c. Doris Helen Price-$10.00 • d. Cheryl Munoz- $10.64 Payment in Error • e. Allan&Dana Mandell-$6,030.12 -O: Commissioners Court )ATE: 12/11/2024 :ISCAL IMPACT: False 3UDGETED: False )OLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Type CC Refund Requests 12 04 2024 Tax Refund Applications Backup Material (002).pdf CC Refund Request 12 10 24 (002).pdf Tax Refund Applications Backup Material Melissa Leonard,PCAC Brazos County Tax Assessor/Collector 415i County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 12/10/2024 REQUESTOR TIRE CENTER OF BRYAN ADDRESS 1204 WATER OAK ST BRYAN TX 77803 OWNER NAME ADRIAN CRUZ PROP ID# 22952 REFUND AMOUNT $ 180.00 REQUESTOR DIGITAL CINEMA DISTRIBUTION ADDRESS 11726 SAN VICENTE BLVD STE 660 LOS ANGELES CA 90049 OWNER NAME DIGITAL CINEMA DISTRIBUTION. • _PROP ID# 389931,409408 REFUND AMOUNT $ 82.12 REQUESTOR DORIS HELEN PRICE • ADDRESS PO BOX 6171 BRYAN TX 77805 OWNER NAME DORIS HELEN PRICE PROP ID# 44508 REFUND AMOUNT $ 10.00 REQUESTOR ADDRESS OWNER NAME , PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME • PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# • • REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# • REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT APPLICATION FOR TAX REFUND ' Collecting Office Nome Collecting Tax for.(taxing entitles) Brazos County Tax Office .Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station ISD,,F3,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota iSD • OWNERS NAME AND ADDRESS • CRUZ ADRIAN 1204 WATER OAK ST BRYAN TX 77803-5517 • PROPERTY DESCRIPTION ' Legal: CiTY OF BRYAN TOWNSITE,BLOCK 187,LOT 8 Address: 505 W 15TH ST , • • Account# 22952 TAX PAYMENT INFORMATION • Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund Amount Requested ZRg.UND _ ._2024 _ -• _'11/13/2024�;$2 2.98y ---: up.o0 __ -• - --.t_ Taxpayer's reason for refund: OP-Overpayment REFUND TO: TIRE CENTER OF BRYAN 1204 WATER OAK ST BRYAN TX 77803-5517 - Sign below and re m form to the Brazos County Tax Office. "I hereby a y f the refund of the above-described taxes and certify that the information on this form is true and correct." f riaturg gig t� /y ('_5 7 % QC) yl�Ce/Mrfell 06 wlGU.I-CCrk Phone U Email Address . • If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state)ail felony under Texas Penal Code Section 37.10. - TAX REFUND DETii ATION - .••d is •Ppraved I Disapproved . ._____. /-21/77°144 Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code • Authorized Officer Signature • Date • TAX RECEIPT 11/13/2024 03:11 PM • MELISSA LEONARD, PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR Recetpt Numbe• r 4151 COUNTY PARK CT 3374068 BRYAN,TX 77802 Data.Posted i 11/13/2024 Payment Type i P Paynierit Code OveriRefund Total Paid $2,532.38 PAID BY: TIRE CENTER OF BRYAN 1204 WATER OAK ST BRYAN,TX 77803 Property ID deo _ �Legal,Acres. : .•-_ I • •-,Owner Name and Address 22952 191000-0187-0080 •0.0000 CRUZ ADRIAN " - — e L1 Descri ttoq.. 1204 WATER OAK ST • J P __.__ _ __...__ ,_.___ .__. BRYAN,TX 77803-5517 CITY OF BRYAN TOWNSITE,BLOCK 187,LOT_8_ DBA Nam _e_.- ...• - - -- 505 UV 15TF1 ST',. . • • Entity__ •.Year Rate" _Taxable V_alu_e'•S_tmt# Vold Original Tax_ Discn_t_s P&l _Att Fees W O_verage A_mount Pd Z REFUND ENTITY 2024 0.00000 0 149989 N 180.00 0.00 0.00 0.00 0.00 _ 180.00 BRAZOS COUNTY 2024 0.41970 118,174 33096 N 495.98 0.00 0.00 0.00 0.00 495.98 CITY OF BRYAN 2024 0.62400 118,174 33096 N 737.41 0.00 0.00 0.00 0.00 737.41 BRYAN ISD 2024 0.94890 118,174 33098 N 1,118.99 0.00 0.00 0.00 0.00 1,118.99 2,532,38 • Balance Due As Of 1111312024: -180.00 Tender �.Detalls _ _:� _ ; :_•_ - •Descrtptlon • . -• _ •,Amount Check 4157 2532.38 2532.38• • • • Qperara "batch.': 'w ._��_ ..' _._:;; ._._ ____._.�_.: �___��._..�_. ---•_-••-. �:� lemerson 53781(11/1312024_LE) _ — —- -- _ .. _ - -•— _ _— -_ _---_ ._...-- _ 2,532.98 Page:1 Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code modue=m0A APPLICATION FOR TAX REFUND - - - - - Collecting Office Name Collecting Tax for;(taxing entities) Brazos County Tax Office • Brazos County,City of Bryan,City of College Station• . 4151 County Park Court Bryan ISD,College Station ISD,Fl,F2,.F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS DIGITAL CINEMA DISTRIBUTION COALITION LLC %PROPERTY TAX DEPT 11726 SAN VINCENTE,.BLVD STE 660 'LOS ANGELES CA 90049-5137 PROPERTY DESCRIPTION Legal: BUSINESS PERSONAL PROPERTY @ COLLEGE STATION LOCATIONS. • Address: 1401 EARL RUDDER FREEWAYS, Account# 389931,409408 TAX PAYMENT INFORMATION Name of Taxing Unit TaxYear of Refund • Payment Date Amount Paid Refund Amount Requested ZREFUND 2023 05152024 $75.62 $75.62 ZREFUND 2023 05152024 $6.50 $6.50 __ - - -. .Y4—�-,r—=: .,_ ._ . _. - _ -:-----•,-•-- ems---= ---. --:. - . Taxpayer's reason for refund: OP-Overpayment REFUND TO: DIGITAL CINEMA DISTRIBUTION COALITION LLC PROPERTY TAX DEPT 11726 SAN VINCENTE BLVD,STE 660 LOS ANGELES.CA 90049-5137 Sign below and return form to the Brazos County Tax Office. "1 hereby apply for the refund of the eve-described taxes and certify that the information on this form Is true and correct." fi k-alai{riga ( ' 189 Lj (-57/3 Phone tt Email Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony • under Texas Penal Code Section 37.10. TAX REFUND DETERMIN ION • The x refu [ proved ]Disapproved • 1 /7 ems° Authorized Officer Signature Date • Authorized Officer of taxing unit for refund applications over amountrequired under Section 31.11 Tax Code Authorized Officer Signature Date TAX RECEIPT 05/15/2024 09:37AM KRISTEEN ROE,CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR •-- itecelpt NuntFier 4151 COUNTY PARK CT -" - BRYAN, TX 77802 3351995 Date Posted 0511512024 Payment Type. P Payment.Code Overt/Refund , Total pald'- __ 575.62 PAID BY: • DIGITAL CINEMA DISTRIBUTION COALITION LLC % PROPERTY TAX DEPT 11726 SAN VINCENTE BLVD STE 660 LOS ANGELES, CA 90049-5137 Property ID Geo Legal Pores _ Owner Name and Address 389931 892015-0000-1262 • • 0.0000 • DIGITAL CINEMA DISTRIBUTION COAL _ • - -- %PROPERTY TAX DEPT Legal pescrlptlpn • _ - . _ .: 11726 SAN VINCENTE BLVD BUSINESS PERSONAL PROPERTY Qe COLLEGE STATION LOCATIONS • • STE 660 Situs _ _ETA Name __ . . __ _ ,1 LOS ANGELES,CA 90049-5137 1401 EARL RUDDER FREEWAYS , - Entity . :_ Year Rate -_Taxable Value_ Stmt# Void _._Original Tax Discnts _ PK Att Fees• Overage Amount Pd, Z REFUND ENTITY 2023 0.00060 0 149135 N 75.62 w - 0.00� - 0.00 0.00 0.00 75.62 BRAZOS COUNTY 2023 0.40970 3,550 36615 N 0.00 0.00 0.00 0,00 0.00 0.00 CITY OF COLL. STAT. 2023 0.51309 3,550 36615 N 0.00 0.00 0.00 0.00 0.00 0.00 COLLEGE STATION ISD 2023 0.96220 3,550 36615 N 0.00 0.00 0.00 0.00 0.00 0.00 . 75.62 Balance Due As Of 0511512024: -75.62 Tender- - -.T V sc Details -• - -- - --"- .- -- Description-- ---- - -A __ _ mount Check 11382 75.62 75.62 • • Operator Batch - - - :_. _ -•- _ Total Paid tmoore 51369(05152024.J P) 75.62 Page:1 Receipt Issued In Accordance with Section 31.075 of the Texas Property Tax Code mmAmm+roamc. TAX RECEIPT 05/15/2024 09:38AM KRISTEEN ROE, CTA PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR •- "Receipt Number- 4151 COUNTY PARK CT 3354996 Pa BRYAN,TX 77802 te Pasted - - .---0511512024 Payment Type . - P Payment.Cade Over/Refund Totai Pa1d 56.50 PAID BY: DIGITAL CINEMA DISTRIBUTION COALITION LLC % PROPERTY TAX DEPT 11726 SAN VINCENTE BLVD STE 660 LOS ANGELES,CA 90049-5137 Property 0-. Geo- - •.. '_ _µ ' *-_ Legai_Acres _ Owner Name and Address -_. - 409408 892017-0000-1084 *- 0.0000 - .DIGITAL CINEMA DISTRIBUTION COAL - .•. _ %PROPERTY TAX DEPT Legal Description - -_ 11726 SAN VINCENTE BLVD BUSINESS PERSONAL PROPERTY@ PREMIER_E BRYAN - -. STE 660 Nos • _ DBA Name . LOS ANGELES,CA 90049-6137 950 N EARL RUDDER FREEWAY , Entity Year Rate . Taxable Value Stmt# Void O_rtginal Ta_x Discnts Pal,Att Fees Overage Artiount Pd Z REFUND ENTITY 2023 0.00000 0 149134 N 6.5D 0.00 0.00 0.00 0.00 6.50 BRYAN 150 2023 0.94920 0 38818 N 0.00 0.00 0.00 0.00 0.00 0.0D CITY OF BRYAN 2023 0.62400 0 36616 N 0.00 0.00 0.00 0.00 0.00 0.00 BRAZOS COUNTY 2023 0.40970 1,404 36616 N 0.00 0.00 0.00 0.00 0.00 0.00 • 6.50 Balance Due As Of 05115f2024: 4.50 Tender -Details_- --- - - . Description _Amount. Cheek 11382 - _ 6.50 6.50 • Operator Batch To . tmoore 51369(05152024 AP) 6.50 Page:1 Receipt issued in Accordance with Section 31.075 of the Texas Property Tax Code rn.A. .er _ APPLiCATIO_N FOR TAX REFUND • - - Collecting Office Name Collecting Tax for:(taxing entitles) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISO,College Station ISO,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota ISD OWNER'S NAME AND ADDRESS PRICE DORIS HELEN REVOCABLE LIVING TRUST • DORIS HELEN PRICE TRUSTEE PO BOX 6171 BRYAN TX 77805-6171 PROPERTY DESCRIPTION Legal: STONE CIRCLE CONDOS,BLDG C,UNIT 12 Address: 2411 DE LEE ST 12, Account# 44508 TAX PAYMENT INFORMATION Name of Taxing Unit Tax Year of Refund Payment Date Amount Paid Refund.Amount Requested ZREFUND 2024 11/13/2024 $361,03 $10.00 - --Taxpayers-reasonfor-refund:OP-Overpayment-- - - — - - ------ -- - -- --- - ---- REFUND TO: PRICE DORIS HELEN REVOCABLE LIVING TRUST DORIS HELEN PRICE TRUSTEE PO BOX 6171 BRYAN TX 77805-6171 Sign below and return form to the Brazos County Tax Office. "I hereby apply for the refund of the above-described taxes and certify that the information on this form is true and correct." • ruin9- —71 Fad - T . 311? Phone fly Email Address If you make a false statement an this application,you could be found guilty of a Class A misdemeanor or a state Jail felony under Texas Penal Code Section 37.10. TAX REFUND DETERMI TiON • Theta refund is Appro ed [ Disapproved Authorized Officer Signature Date Authorized Officer of taxing unit for refund applications over amount required under Section 31.11 Tax Code Authorized Officer Signature Date • I MA I<GVGIr I 1 al 41,./L9 Uw.JO?IY1 MELISSA LEONARD, PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR V.M Receipt Number 4151 COUNTY PARK CT 3376637 BRYAN,TX 77802 Date Posted -1 .. 11HB/2024 Payment Type • P Payment Coda - Over/Refund Total paid__ i $361.03 PAID BY: PRICE DORIS PO BOX 6171 • BRYAN,TX 77805-6171 Prolgr_ti D Geo "--- : ._._ .__ ._ - Legal Aores 1 OwiierNarne acid Address _-- 44508 • 5885000-00033.0120 '•0.0000 PRICE DORIS HELEN REVOCABLE LM -. ... •..—••.._.___.._ ... . _.._.... . .�.._.. . •.- _-_____..--._ ICE TR STEE • -Le al Description DORIS HELEN PR 9.,.._—.�_ —�-____._..__...._ _.__._ __I PO BOX 6171 STONE CIRCLE CONDOS,BLDG C,UNR BRYAN,TX 77805-6171 Sltu_s DBA Name - • 24110ELEESTI2, _ - _ , , Entity Year: Rate Taxable Value _Stmt ,_ Vald ,O_riginal Tax. Dtscnts' P81 Att Fees Overage Am ount Pd Z REFUND ENTITY 2024 0.00000 0 148992 N . 10.00' 0.00 T0.00 0.00 0.00 10.00 CITY OF BRYAN 2024 0.62400 111,884 108677 N 351.03 0,00 0.00 0.00 0.00 351.03 361.03 Balance Due As Of 11/18/2024: -10.00 Tender - _ � 707etatls�864 •_:_Des�rlption_.• • w: • .Amount Money Order- •" 19- 180.. •-•• - •-• •— 381.03 361.03 • Operator. 6atcli - - — ,_•`.. : :.4.:•;_.• . _ � __.�.._ . . _- : '' -_-.-- Total Paid Iemerson 53882(RTL Balch 841 11118/2024J_ _ _ __- Page: Receipt Issued in Accordance with Section 31.075 of the Texas Property Tax Code m..uo*,mu.. • Melissa Leonard,PCAC Brazos County Tax Assessor/Collector 4151 County Park Ct Bryan TX 77802 979-775-9930 979-775-9938 Fax REFUNDS PENDING 12/17/2024 REQUESTOR MANDELL ALLAN &DANA ADDRESS 3940 HIGHWAY 21 W, MADISONVILLE,TX 77864 OWNER NAME MANDELL FAMILY 2014 REVOCABLE TRUST PROP ID# 345695 REFUND AMOUNT $6030.12 REQUESTOR MUNOZ CHERYL ADDRESS , 3316 GLOUSTER ST,SPRINGFIELD,OH 45503 OWNER NAME MUNOZ CHERYL . PROP ID# 102721 REFUND AMOUNT $10.64 • REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT • REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT • REQUESTOR ADDRESS OWNER NAME PROP ID# • REFUND AMOUNT • REQUESTOR ADDRESS OWNER NAME PROP ID# REFUND AMOUNT REQUESTOR ADDRESS OWNER NAME • PROP ID# REFUND AMOUNT • REQUESTOR ADDRESS • OWNER NAME PROP ID# REFUND AMOUNT • • • APPLICATION FOR TAX REFUND • • Corlcclirrg Office Rome Colluding Tar far:(raring mitres) • Br zoe County Tax Office Drams County,Cityoflirynn,City of College Station 4I51 County Park Court Bryan 151),College Station ISU,PI,P2,F3,F4, Dr)_iM �l',1�t�Alr AN1d.AIlAIi&SSi,. —r,vt ,30 City of Kasten,Navnsam iSD MANDF.LLFAMILY 2014 ItEVOCADLE TRUST ALLAN SCOTT&.DANA MANDELL TRUSTEES 3940 HIM IWAY 2I W MADISONVILLETX 77864-6014 PROPERTYDPSCRIPTION Legal:RIVER OAKS TOWNIIOMES CONDOS PIT 1,BLDG 8,UNIT 804 Address: 305 HOLLEMAN DR E 1804, Account!1 345693 TAX PAYMENT INFORMATION ainoaf Taxing Unit Tax Year atRefund Payment Date Amount Pahl Refund Amami t Requcued • ZREFUN'D 2024 1119r14 S6030.12 S6030.11 Ta payer's reason for refund:PAYMENT IN ERROR REFUND TO: MANDELL ALLAN&DANA 3940 HIGHWAY 2I W MADISON'VILLE 1X 77864-6014 Sip below and Mum form to the Brass County'Dm°Mee. "I hereby apply farthe tefaad oftbe abase-dczuIbcd taxes ond eerUfytbat the information on Ibis form Ii true and eoneet." 0 a to ?°g' Signature Date rbaaelt 805=lo 1-03q% Ewan Address I I\e0444,e Eh a‘vnnaak.evw• TAX REFUND DETERMIN TRW if you makes fate statement an npptl©lian, u could be found gouty of a Class A misdemeanor or o state jail felony under I* u P ara]Code a l •t i roved I I a proved 3 t Authorized ORiter Sigaeturc Dale Author ed Oliloerof losing unit fur caned appllsatiaas cow amoaat required underSectloa 31.11 Ms Code Authorized OfficerSigonlare Date • TAX RECEIPT • 1 211 012024 09:53AM MELISSA LEONARD, PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR - Rican :•- 4151 COUNTY PARK CT 3372123 { BRYAN,TX 77802 Date posted - •,,,L 11/0812024: P0e0tType•• P; payment•Code„.; l_��"Full, Total:Pald•_ "%'I_,_••-56,030_r PAID BY: MANDELL ALLAN &DANA 3940 HIGHWAY 21W MADISONVILLE,TX 77864-6014 • • PropertyID_ Geo. , ,_ �'�O.O•,Legal Acres • . _ i OiMter Name astid�Ad'dress. :. ;+ ",j 345695 1543765-0108-0804^ OIJO t MANDELL FAMILY 201 0 A LE TR ,_ •Legal Descrlptton . _ Y - '"'�1 i ALLAN SCOT C&DANA MANDELL TRUST 13940 HIGHWAY 21 W • RNER OAKS TOWNHOME5 CONDOS PH 1,9LDG 8,UNIT 804 _-1 MADISONVILLE,TX 77864-6014 ; rifts...._ - ..-- _• ---DBA Name _ i I 305HOLLf3YWNDRE#B04, I __ _-. I i • Entity-, •::-Year..':Rate x Taable Value Stmt# ..•Void • Original Tax •Discrats•' ' i P&L -AUTOS• Ove'rag M t Pdi L BRAZOS COUNTY 2024 0.41970 316,427 83272 N 1,328.05 0.00 0.00 0.00 0.00 1,328.05 CITY OF COLL STAT. 2024 0.51309 318,427 83272 N 1,823,55 0.00 0.00 0.00 0.00 1,823.55 COLLEGE STATION ISO 2024 0.97290 316,427 83272 N 3,078.52 0:00 0.00 0.00 0.00 3,078.52 6,030.12 Balance Due As Or 11108112024: .00 Tender • Details. '' ' Description' -``. • • Am_ountl Check ---97 ��s _w ,:.—MAIL 6030.1.12 6030.12 • • • • [Operator. Batch, • • • ;r- ' • . _ .1...,:-..._. ..; , : •.._'• :- .., 1 - Total Pelt jstockmoe 53709 01/812024JIS).. .-__• ___ ___ -- - _-- __— _ .^ _ --6,030.12' Special Condition Exists for this Property Page:1 Receipt issued In Accordance with Section 31.075 of the Texas Property Tax Code S...ht m. APPLICATION FOR TAX REFUND • Collecting Office Name Collecting Tax for:(taxing entities) Brazos County Tax Office Brazos County,City of Bryan,City of College Station 4151 County Park Court Bryan ISD,College Station 1SD,F1,F2,F3,F4, Bryan,Texas 77802 Ph.979-775-9930 City of Kurten,Navasota 1SD OWNER'S NAME AND ADDRESS MUNOZ CHERYL 405 N COULTER DR BRYAN 7X 77803-4930 PROPERTY DESCRIPTION Legal: ROLLING RIDGE,SPACE 105RG,SER#AL1676R982273,HUD#NTA0780888 Address: 105 R!DGEWALK(PVT) , Account# 102721 TAX PAYMENT INFORMATION - - . - Name of Taxing'UnIt - lax Year of-Refdnd Payment Date Amount•Paid - RefundAmourt•Requested—.. -ZREFUND 2024 10/21/2024 $159.18 $10.64 • Taxpayer's reason for refund: OP-Overpayment REFUND TO: MUNOZ CHERYL 3316 GLOUSTER ST • SPRINGFIELD OH 45503 Sign blow and return form to the Brazos County Tax Office. • "I fieby apply for the refund of the above-described taxes and certify that the Information on this form Is true and correct." 6L6/ Mi&'1„„:„../442 bate 9-73r-717-5P . . . . unoz aa99 agrw/,cvin Phone N Email Address If you make a false statement on this application,you could be found guilty of a Class A misdemeanor or a state jail felony under Texas Penal Code Section 37.10. TAX REFUND DET 'Mi •TION T e tax nd is pprove. [ ]Disapproved /7,2,sv Authoriz officer Signature Date Authorized Officer of taxing uniffor refund applications over amount required.under Section 31.11 Tax Code • • •Authorized Officer Signature Date • TAX RECEIPT 12/10/2024 09:54AM MELISSA LEONARD, PCAC PH#(979)775-9930 BRAZOS COUNTY TAX ASSESSOR COLLECTOR _Receipt Receipt Rombcr __ 4151 COUNTY PARK CT � 3367807 BRYAN,TX 77802 Date'Poste.d 10/21/2024 Payment Type I _ P - Payment Code •___Over/KO/rid 7otal.Pald ____$___ ___ .:-5159.18 PAID BY: MUNOZ CHERYL . 405 N COULTER DR BRYAN,TX 77803-4930 • I Property lD-- Goo --- +~ - iLegal Acres•___` L_ ®wrier kame'and Address ^ _w_-, 102721 702U19-0000-0620 0.0000 MUNOZ CHERYL -- • ___I_-__ _-_•____- _._-_-__, , 405 N COULTER DR ---- legal Description . -.•._ - -_ -._ . ` BRYAN,TX 77803-4930 ROLLING_RIDGE,SPACE i05RG,SER#AL1676R982273,HUD#NTA0780888 i-SituB ! ___ �.__. _- DBAName ---- ' 105 RIDGEWALIC(PVT) , __,-- - _____ . _. __ _. . - . - ---- ------- --. --- __ r Entity- Year Rate Taxable Value Stint# Vold • Original Tax Discnts R81 Al Overage Amount Pd' ZREFUNDEN l7Y 2024 0.00000 0 '144893 N 10.64 0.00 0.0D 0.00 - 0.00 10.64 EMG SVCS DIST#1 2024 0.05135 10,287 93954 N 5.28 0,00 0.00 0.00 0.00 5.28 COLLEGE STATION ISO 2024 0.97290 10,287 93954 N 100.08 0.00 0.00 0.00 0.00 100.08 BRAZOS COUNTY 2024 0.41970 10,287 93954 N 43.18 0.00 0.00 0.00 0.00 43.18 169.18 Balance Due As Ot 10/21/2024: -10.64 Tender Details ' _ Description._ _ _ _�, Amountj Check REPOST ESCROW 159.18 159.18 • • • _.- - -- -•-- ------ ��_ Total Paid. l_Operator Hatch _ - -- - ----_._.-._ - -- -- --_----._ .__ _ __ ._ _ - _ - lemerson - 53438(24244 MH Escraw_i0212024) i59'18 Page!1 Receipt issued In Accordance with Section 31.078 of the Texas Property Tax Code nmw ew,um. BRAZOS COUNTY,TEXAS BUDGET AMENDMENT(S)FOR THE 2024-2025 BUDGET YEAR NO.24/25 11.01-11.04 On this the 176 day of December 2024 at a regular meeting of the Commissioners' Court, the following members were present: A.Duane Peters,County Judge,Presiding B.Steve Aldrich,Commissioner,Precinct I C. Chuck Konderla,Commissioner,Precinct 2 D.Nancy Berry,Commissioner,Precinct 3 E.Wanda Watson,Commissioner,Precinct 4 F.Karen McQueen,County Clerk The following proceedings were held: THAT WHEREAS, on 17'h day of December 2024 the Court heard and approved a budget • amendment(s)for the 2023-2024 budget year for Brazos County,,Texas;and WHEREAS,expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 10 September 2024,the following amendment(s)to the original budget are hereby authorized,as described on the attached page(s). ADOPTED AND APPROVED this the 176 day of December 2024. THE COMMISSIONERS COURT OF BRAZOS COUNTY,TEXAS. By: Duane Peters,County Judge Original: County Clerk's Office and Attached to the original budget BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24125-11.01 12/17/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE Capital Improvement Fund County Judge-Capital. Other Revenue Revenue 5,500.00 Capital Improvement Fund County Judge-Capital Capital Outlay Expenditure 5,500.00 Capital Improvement Fund To recognize a donation from Fain McDougal,Brazos County Chairman,Alamo Letter Society for the following:LETTER FROM THE ALAMO,a two foot by three foot,202 pound bronze plaque that was placed in front of the Brazos County Courthouse.Dedication ceremony was November 26,2024 and the donation was approved by Commissioner's Court on December 10,2024. - SAMI I. f f1. • Date: 12/11/20241 County Judge Ap aC Datb Foi.Oracle.Eutry Only • • ` FUND DIV ACCT Change In Budget ACCOUNT NAME 45000 63100001 46024000 5,500.00 45000 63100001 80010000 5,500.00 BRAZOS COUNTY,TEXAS BUDGET AMENDMENTS No.24125-11.02 ' 12/17/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE American Plan Rescue Act- American Plan Rescue Act General Government Contractual Services Expenditure 424,823.41 ARPA-Medical Examiner's .American Plan Rescue Act Office Capital Outlay Expenditure 424,823.41 American Plan Rescue Act Reallocation of funds to the correct account to cover the construction cost for the Medical Examiner's building. • _ SAM f /�_r7��0){j 71 pate '" ' ., -_ 1211112024' ,, County Judge.AAp oval: t_. Ror OreclerErifty Orily. ...:. ,..,•.. _ ..___: u, - , . r . . .. ..,=..-._ . -... - .- , ._... .. FUND DIV ACCT Change In Budget ACCOUNT NAME 31000 116001 71025000 (424,823.4I) 31000 340500 80100000 424,823.41 BRAZOS COUNTY,TEXAS - BUDGET AMENDMENTS No.24/25-11.03 12/17/2024 FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE General Fund Contingency Contingency Expenditure 656,849.20 General Fund Other Financing Uses Expenditure ' 656,849.20 Capital Improvement Fund Other Financing Sources Revenue 656,849.20 Commissioners'Court- Capital Improvement Fund Capital Contingency Expenditure 1,593,150.80 Commissioners'Court- Capital Improvement Fund Capital Capital Outlay Expenditure 2,250,000.00 General Fund and Capital Improvement Fund Reallocation of funds to the correct account to purchase 1.93 acres,more or less,located 2504 Kent Street,Bryan,Tex SAM 1. 1' /71/calia ;Date: 12/11/2024 1 County Judge Approval Date WOracie Entry.Only IIIMIIIIIIIIIIIIIIIIIIIIIMIIII FUND DIV ACCT Change in Budget ACCOUNT NAME _ 01000 11001500 61130000 (656,849.20) 01000 00000000 9I110000 656,849.20 45000 00000000 49028000 656,849.20 45000 • 63110001 61130000 (1,593,150.80) 45000 63110001 80101000 1,730,769.23 45000 63110001 80440000 519,230.77 Personnel Change of Status (Dec 12,2024) Commissioners' Court Date: 12/17/2024 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take.Action on Change Employment Non-Departmental Butler,Robert Risk Management-Administration Hunter,Victoria Collections-Administration Olcott,Brittany Juvenile Services-Residential Mental Spillar,Derek Separations • Department Name Employee:Name District Attorney Crime Fund Escorza,Maribel Facilities Services-Administration Hernandez,Jessie Jr. • Jail Medical Services Lipscomb,Sarah* Risk Management Agorichas,Nicholas Sheriffs Office-Jail Administration Toliver,Brionna Personnel. Action Forms Department Name Employee Name Commissioner's Court-Administration Leggett,Aubrey Commissioner's Court-Administration Lowe,Sheryl District Attorney Baker,Brian District Attorney Dunlap,Travis Human Resources Sibert,Jonathan Juvenile Services;Detention McClendon,Bob Road&Bridge Eldridge,Shawn Road&Bridge LeFlore,Jimmy Sheriffs Office-Administration Elmore,Lindsay Sheriff's Office-Jail Administration Green,Tera Approved in Commissioners'Court: 12-17-202 County Judge's or Commissioner's Signature: . v (9 Oaf .. ,„, Ty OF 0-.. BRAZOS COUNTY BRYAN,TEXAS DEPARTMENT: NUMBER: DATE OF COURT MEETING: 12/17/2024 ITEM: Approval of Payment of Claims • a.8206877-8207043 • b.9203046-9203105 TO: Commissioners Court DATE: 12/13/2024 FISCAL IMPACT: False BUDGETED: False DOLLAR AMOUNT: $0.00 ATTACHMENTS: File Name Description Iype Bill List Commissioners Court PUBLIC.pdf Payment of Claims Backup Material Bill List Commissioners Court INTERNAL USE.pdf Payment of Claims-Internal Backup Material APPROVED ai‘14-*--, "44‘2- 7/E,2 Duane Peters D to- County Judge A-rre-ST": ‘1(---Citi6424-----) KRPa" (fc QU- - tJ Courp Y CLERt(- ,