HomeMy WebLinkAbout2024/12/31 Regular Session 10:00AM , q 'run
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MINUTES
DECEMBER 31, 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 31, 2024 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Steve Aldrich, Commissioner of Precinct 1;
Chuck Konderla, Commissioner of Precinct 2;
Nancy Berry, Commissioner of Precinct 3;
Wanda J. Watson, Commissioner of Precinct 4,
Karen McQueen, County Clerk;
The attached sheets contain the names of the citizens and officials that were in
attendance.
1. Invocation and Pledge of Allegiance
• U.S. and Texas Flag - Commissioner Berry
2. Call for Citizen input and/or concerns
Cathie Viens thanked both Commissioners Aldrich and Berry for their service as
Commissioners. She specifically thanked Commissioner Aldrich for his cooperation,
openness and transparency. Ms. Viens then discussed the ongoing concerns that she
has regarding the election system and a need to clean the voter rolls.
Cynde Wiley echoed Ms. Viens thanks to Commissioners Aldrich and Berry for their
service. She then asked that the Court make changes to provide greater transparency.
Ms. Wiley went on to specifically thank Commissioner Aldrich for his transparency and
availability as a Commissioner.
John Book also expressed appreciation for Commissioner Aldrich and Commissioner
Berry's service to the community. He stated that he hopes for greater transparency from
the Court.
Consider and take action on agenda items: 3 -19
3. Approval requested from Specialty Court for ten $10.00 Amazon gift cards to be used as
incentives for Specialty Court participants.
A copy of the donation form is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
4. Approval requested to accept donations for youth housed in the Juvenile Detention Center
for various holidays throughout the year.
A copy of the donation form is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
5. Approval requested from Fleet Services to accept a donation of ten (10)sets of ballistic glass
in the amount of$77,200.00 from Operation Safe Shield.
Commissioner Konderla and Commissioner Berry thanked Operation Safe Shield for
the donation.A copy of the donation form is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
6. Approval requested for the Brazos County Veteran's Services office uniform policy.
A copy of the policy is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
7. Approval requested for authorization to wire transfer up to $778,375.83 to HHSC for the
Fiscal Year 2025 Hospital Augmented Reimbursement Program (HARP) I GT for the
benefit of participating hospitals using funding from Brazos County Local Provider
Participating Fund.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
8. Approval requested to increase the County mileage reimbursement rate from $0.67 per
mile to $0.70 per mile for business travel occurring on or after January 1, 2025.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
9. Approval of Addendum#4 to Contract#19-149 Dental Services for the Jail to extend
the Agreement for one year.
A copy of the addendum is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
10. Approval of Agreement#25-063 with Best Western Premier Bryan/College Station for
Brazos County.
A copy of the agreement is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
11. Approval of Agreement#25-084 for Case Management Software with LegalServer for
Public Defenders Office.
A copy of the agreement is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
12. Approval of Contract#25-089 for Video Management System Storage with Dell
Technologies.
A copy of the contract is attached.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
13. Approval requested to advertise CIP 25-531 Brazos County Administration Building
Renovations.
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
14. Consider and take action on the Wickson Creek SUD utility permit to construct a road
bore at 1480 Sand Creek Road to provide water services. Site is located in Precinct 2.
Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters,
Watson.
15. Consider and take action on the Brazos Wifi utility permits to construct road bores in
Forest Lakes Subdivision on Forest Drive, Bendwood and Wooded Drive. Sites are
located in Precinct 2.
Motion:Approve, Moved by Commissioner Chuck Konderla, Seconded by
Commissioner Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters,
Watson.
16. Tax Refund Applications for the following:
Overpayments
• a. Yessica Melendez-$81.77
Motion:Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
17. Budget Amendments.
• FY24/25 Budget Amendments 12.01
12.01 Reallocate funds for Information Technology .
Motion:Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Nancy Berry. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
18. 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
Chuck Konderla. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters, Watson.
19. Payment of Claims.
Approval of Payment of Claims
• a. 8207044 -8207163
• b.. 9203106 -9203171
Judge Peters stated that the Claims numbers need to be amended to include an
additional payment. The Court voted unanimously to approve the amended Claims
numbers as follows:
8207044—8207163
9203106—9203172
Motion:Approve w/Conditions, Moved by Commissioner Nancy Berry, Seconded by
Commissioner Wanda J. Watson. Passed. 5-0. Ayes:Aldrich, Berry, Konderla, Peters,
Watson.
20. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of December 18,
2024.
Acknowledgement of the 2024-2025 Contingency Budget to Actuals by Fund as of
December 18, 2024.
The Court acknowledged receipt of the 2024-2025 Budget to Actuals by Fund and
Contingency Fund Budget to Actuals as of December 18, 2024.
21. Acknowledgement of monthly reports submitted in December 2024.
The Court acknowledged receipt of the Extension Service reports submitted in
December 2024 and acknowledged receipt of reports from the following County and
Precinct Offices showing revenues collected and remitted to the County Treasurer:
County Clerk
Constable Precinct 2
22. Juvenile director's report on detention population.
Juvenile Director Linda Ricketson reported there are 24 juveniles in the detention center,
16 are male, 8 are female, and 42 have electronic monitors. Ms. Ricketson thanked
Commissioner Berry for her generous donations to the detention center to help with the
purchase of Christmas gifts for the kids.
23. Sheriff's report on inmate population.
Sheriff Wayne Dicky reported there were 737 inmates in jail, 625 inmates are male, 112
are female, and 37 have electronic monitors.
24. Announcement of interest items and possible future agenda topics.
Commissioner Berry extended her gratitude to the members of the Court that she
served with and to County staff. She noted that in her 8 years of service as a Brazos
County Commissioner, she is most proud of establishing the R U Ok Program to help
elderly citizens that are in need.
Commissioner Watson stated that it was a pleasure to serve with both Commissioners
Aldrich and Berry. She specifically thanked Commissioner Berry for her mentorship and
for serving the community well. She wished them both the best in their future endeavors.
Commissioner Aldrich thanked Commissioner Berry for her diligence and effort in
serving the community. He thanked staff for cheerful service and the citizens that have
taken the time to become involved in County government. Commissioner Aldrich
expressed his appreciation for the opportunity to serve the community.
Commissioner Konderla thanked both Commissioners Aldrich and Berry for their
service, noting that it is a high pressure position and he commended them for how well
they weathered it.
Judge Peters presented a plaque to Commissioner Aldrich and Commissioner Berry to
thank them for their 8 years of service as Brazos County Commissioners. He then
announced that the Investiture Ceremony for the newly elected officials is at 9:00 a.m.
on January 1, 2025 in the Commissioners Courtroom.
25. Adjourn.
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The foregoing minutes of the Commissioners Court Meeting held December 31, 2024, have been
examined and are approved in open Court this 7th day of January 2025, in Bryan, Brazos
County, Texas. �/
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77 -7, 7, ' i
Duane Peters Bentley Nettles
County Judge Commissioner, Precinct 1
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Chuck Konderla Fred Brown
Commissioner, Precinct 2 Commissioner, Precinct 3
3-1 /+_4' or-,- .
Wanda J. Watson
Commissioner, r inct 4
Attest:
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Karen`McQueen
County Clerk
FILlsb Rem fkRDORD
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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 31, 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 Berry
2. Call for Citizen input and/or concerns
Consider and take action on agenda items: 3 -19
3. Approval requested from Specialty Court for ten $10.00 Amazon gift cards to be used as
incentives for Specialty Court participants.
4. Approval requested,to accept donations for youth housed in the Juvenile Detention Center
for various holidays throughout the year.
5. Approval requested from Fleet Services to accept a donation of ten (10) sets of ballistic glass
in the amount of$77,200.00 from Operation Safe Shield.
6. Approval requested for the Brazos County Veteran's Services office uniform policy.
7. Approval requested for authorization to wire transfer up to $778,375.83 to HHSC for the
Fiscal Year 2025 Hospital Augmented Reimbursement Program (HARP) I GT for the
benefit of participating hospitals using funding from Brazos County Local Provider
Participating Fund.
8. Approval requested to increase the County mileage reimbursement rate from $0.67 per
mile to $0.70 per mile for business travel occurring on or after January 1, 2025.
_
9. Approval of Addendum#4 to Contract#19-149 Dental Services for the Jail to extend
the Agreement for one year.
10. Approval of Agreement#25-063 with Best Western Premier Bryan/College Station for
Brazos County.
11. Approval of Agreement#25-084 for Case Management Software with LegalServer for
Public Defenders Office.
12. Approval of Contract#25-089 for Video Management System Storage with Dell
Technologies.
13. Approval requested to advertise CIP 25-531 Brazos County Administration Building
Renovations.
14. Consider and take action on the Wickson Creek SUD utility permit to construct a road
bore at 1480 Sand Creek Road to provide water services. Site is located in Precinct 2.
15. Consider and take action on the Brazos Wifi utility permits to construct road bores in
Forest Lakes Subdivision on Forest Drive, Bendwood and Wooded Drive. Sites are
located in Precinct 2.
16. Tax Refund Applications for the following:
Overpayments
• a. Yessica Melendez-$81.77
17. Budget Amendments.
• FY 24/25 Budget Amendments 12.01
18. Personnel Change of Status.
• Approval of Personnel Change of Status
19. Payment of Claims.
Approval of Payment of Claims
• a. 8207044 -8207163
• b. 9203106 -9203171
20. Acknowledgement of the 2024-2025 Budget to Actuals by Fund as of December 18,
2024.
Acknowledgement of the 2.024-2025 Contingency Budget to Actuals by Fund as of
December 18,2024.
21. Acknowledgement of monthly reports submitted in December 2024.
22. Juvenile director's report on detention population.
23. Sheriff's report on inmate population.
24. Announcement of interest items and possible future agenda topics.
25. Adjourn.
v
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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BRAZOS COUNTY
COMMISSIONER'S COURT
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BRAZOS COUNTY,TEXAS
+' -% ACCEPTANCE OF DONATED/AWARDED PROPERTY
} i\ {f'* DONATION OF COUNTY PROPERTY
Date: 12/12/2024
Acceptance of Donated/Awarded Property ❑Donation of County Property
(Awarded property requires signed court documentation)
riAcceptance of Donated Inmate Property
(Requires signed inmate documentation—NO VALUE ASSESSED)
Item Description: 10 $10 Amazon Gift Cards •
Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank
fields will be returned for completion.
i
Make: Model: Year: SNIVIN#:
❑ Functional ElNon-Functional. Explain ifNon-Functional
Additional Description/Information: Donation to Brazos County Specialty Court for incentives
(value/initial Value: Check box for CapitalAsset cost is over$5000)
•
Acceptance of Donated Property Donation of County Property
Check the appropriate account based on Check the appropriate entity property being
estimated value of property being accepted: donated to:
n6I235000(Donation-Other)* Government Entity: BC Specialty Court
El60010000(Minor Property-$1 -$4999) Organization Name
❑ Other(Due to Statuatory
80010000(Capital Property-Over$5000) requirements prior approval
is required by Purchasing: Organization Name
*Donation—Other account 61235000 is to be used ONL Yfor cash/check funds donated to Brazos County.
I certify that the above-mentioned item has been' donated or awarded to Brazos County. This item has been received in good faith and upon
approval by Commissioner's Court will become:a part of the General Fixed Asset Account of Brazos County. The determination to accept or
reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating,
maintenance,and insurance costs.
Requesting Department: Brazos County Specialty Court Pa,l
Department artment Name Authorized Signature
P y
Organization Receiving Donated Property:
Autho ed Signa �•
Approved by Co missioners ou on this J( day of e_Ce—+rn
Commissioners Court Approval
fi• . BRAZOS COUNTY,TEXAS
f- 0,1 • ACCEPTANCE OF DONATED/AWARDED PROPERTY
* , i` _`�11*... DONATION OF COUNTY PROPERTY
Date: 12/19/2024
Acceptance of Donated/Awarded Property EDonation of County Property
(Awarded property requires signed court documentation)
Acceptance of Donated Inmate Property
(Requires signed inmate documentation—NO VALUE ASSESSED)
Item Description: S200.00 Check, Various Other Gifts
Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank
fields will be returned for completion.
Make: Model: Year: SN/VIN#: •
ElFunctional ❑Non-Functional. Explain if Non-Functional
Additional Description/Information: Receipts totaling S777.80 for stockin s, restaurant gift cards,
socks,candy, chips, and gatorade.Also a check in the amount of$200.00 from AdMail Corp.
Estimated Value: $ 977.80 Check box for Capital Asset(value/initial cost is over$5000)
Acceptance of Donated Property Donation of County Property
Check the appropriate account based on Check the appropriate entity property being
estimated value of property being accepted: donated to:
El61235000(Donation-Other)` Government Entity:
60010000(Minor Property-$1 -$4999) Organization Name
Other(Due to Statuatory
n 80010000(Capital Property-Over$5000)
requirements prior approval
is required by Purchasing: Organization Name
*Donation—Other account 61235000 is to be used ONLY for cash/check funds donated to Brazos County.
I certify that the above-mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon
approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or
reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating,
maintenance,and insurance costs.
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Requesting Department: Juvenile Services
Department Name Authorized Signature
•
Organization Receiving Donated Property:
Authorized Signature
-------------------------------------------------------------------------
Approved b Com issione ourt on this(./ day ofA c'°-' �J --- i
Commissioners Court Approval
pt0c�� BRAZOS COUNTY
`" )*.'`` JUVENILE SERVICES DEPARTMENT
* .
, , -.. .; Linda Ricketson, Director
of Melissa White, Assistant Director
To: Commissioners Court
From: Linda Ricketson, Executive Director
Brazos County Juvenile Services
Date: December 19, 2024
RE: Donations for Youth in Detention
The Brazos County Juvenile Services Department has received monetary and
tangible donations from Commissioner Nancy Berry, Advertising Mail
Corporation, and an anonymous donor. Our department is requesting approval
to accept these donations to use for youth housed in the Juvenile Detention
Center. The donations will be used to provide gifts during the various holidays
throughout the year. Many of the youth detained are from low socio-economic
backgrounds and the department will use monetary donations to purchase items
such as socks, warm-ups, board games, underclothes, t-shirts, hygiene items,
snacks, gift cards to food vendors, etc.
The monetary donations will be deposited with the Brazos County Treasurer,
indicating the appropriate account and an explanation of how the funds will be
used. The tangible gifts donated to the department will be detailed on a form to
be provided to Commissioner's Court, along with the receipts, as per County
policy.
The Juvenile Services Department will not be asking Brazos County for any
additional funds to support this initiative.
R.J.Holmgreen Brazos County Juvenile Justice Center
1904 West SH 21 *Bryan,Texas 77803
Office(979)823-3544*Fax(979)823-4211
\• BRAZOS COUNTY,TEXAS
`� f j,. 21#'_ ACCEPTANCE OF DONATED/AWARDED PROPERTY
`\; !\ `•: DONATION OF COUNTY PROPERTY
Date: 12/17/2024
0Acceptance of Donated/Awarded Property Donation of County Property
(Awarded property requires signed court documentation)
ElAcceptance of Donated Inmate Property
(Requires signed inmate documentation—NO VALUE ASSESSED)
Item Description: (10) Ballistic Windshields w Install
Please provide all information requested below as applicable to the property being accepted or donated. Forms containing any blank
fields will be returned for completion.
Make: N/A Model: N/A Year: N/A SN/VIN#: NIA
EllFunctional n Non-Functional. Explain if Non-Functional
Additional Description/Information: (10) Ballistic Windshields for Tahoe's, cost per unit is about
$ 8,400 with instillation included. Property is donated by Operation Safe Shield.
Estimated Value: $ 77,200.00 Check box for Capital Asset(value/initial cost is over$5000)
Acceptance of Donated Property Donation of County Property
Check the appropriate account based on Check the appropriate entity property being
estimated value of property being accepted: donated to:
El61235000(Donation-Other)* Government Entity:
Ell60010000(Minor Property-$1 -$4999) Organization Name
Other(Due to Statuatory
ri 80010000(Capital Property-Over$5000)
requirements prior approval
is required by Purchasing: Organization Name
*Donation—Other account 61235000 is to be used ONLY for cash/check funds donated to Brazos County.
I certify that the above-mentioned item has been donated or awarded to Brazos County. This item has been received in good faith and upon
approval by Commissioner's Court will become a part of the General Fixed Asset Account of Brazos County. The determination to accept or
reject the donation will be made at the sole discretion of Commissioners Court based upon such things as usefulness, projected operating,
maintenance,and insurance costs.
Requesting Department: Fleet Services
Department Name Authorized Signature
Organization Receiving Donated Property:
Authorized Signature
--------------
App-: ' d by C.I missioners .urt .n this3 I day of�Q.—r w.c�1�a,✓3-.-,O�
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Commissioners Court Approval
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BRAZOS COUNTY
FLEET SERVICES
Ken Chadwick, Fleet Manager
Duane Peters,Brazos County Judge
Steve Aldrich,County Commissioner Pct. I Nancy Berry,County Commissioner Pct.3
Chuck Konderla,County Commissioner Pct.2 Wanda J.Watson,County Commissioner Pct.4
MEMORANDUM
From: Dwayne Holloway
Assistant Director
Fleet Services
Date: 12/17/2024
RE:• Ballistic Glass Donation
Fleet Services requests the Commissioner Court approval to accept a donation of(10)sets of Ballistic
Glass. To be divided up as shown on the attached spreadsheet. Ballistic Glass is being donated by
Operation Safe Shield. Total Value of donated property is estimated at$77,200 which includes the cost
of installation.
Thank you for your consideration,
silvegps• Olfeeel,V7
Dwayne Holloway
•
2617 Highway 21 West Bryan,Texas 77803 Office(979)822-2127/Fax(979)775-0453
Ballistic Glass
Department VIN Cost Completed Date
Sheriffs Office 1GNSCLED3RR191247 $6,700.00
Sheriffs Office 1GNSCLED9RR191222 $6,700.00
Sheriffs Office 1GNSCLED9RR189700 $6,700.00
Sheriffs Office IGNSCLED1RR189609 $6,700.00
PCT 1 1 GNSCLED3PR373415 $8,400.00
PCT 2 1 GNSCLED6PR373439. $8,400.00
PCT 3 1 GNS CLED 7RR208650 $8,400.00
PCT 3 1 GNSCLED2PR372305 $8,400.00
PCT 4 1 GNSCLED 1PR401275 $8,400.00
PCT 4 1 GNSCLED 1PR372232 $8,400.00
Total $77,200.00
SO has decided to accept all glass and shields except passenger side window glass.
That is the reason for the difference in cost.
Veteran Service Office Department Brazos County Uniform Policy
Adopted:December 31st,2024
Uniforms will be provided to all Brazos County Veteran Service Office employees upon official
employment,to be worn as specified in this policy.These uniforms are intended to promote a
professional appearance and clearly distinguish employees as representatives of the Brazos
County Veteran Service Office. Uniforms aid in the easy identification of Veteran Service Office
staff while conducting county business.
Issuance and Use
Upon hire,full-time staff will be issued a uniform dress shirt and a lightweight jacket,or an
equivalent item,bearing the Brazos County Veteran Service Office logo.Uniforms should be worn
during official work hours,when traveling for work,or at work-related events only.
Uniform updates will be provided on an annual basis.
Uniform Care and Maintenance
All uniforms provided by the Brazos County Veteran Service Office must be kept clean and worn
in a presentable manner, reflecting a professional and positive image of the department.
Uniforms should be paired with appropriate personal clothing to maintain a professional
appearance.
Employees should attempt to repair damaged uniforms themselves if feasible. If a uniform is
beyond repair, it should be retired,and management will determine if a replacement is necessary.
Employees are responsible for damage beyond normal wear and tear.
Usage Requirements
Employees are required to wear either their issued dress shirt or jacket at least once per week
while representing the Veteran Service Office for official business.This includes events such as
site visits,conferences, meetings,and other work-related activities.Uniforms are not to be worn
for non-official or personal activities,especially those that would not be appropriate for normal
work hours,Monday through Friday.Violations of this policy may result in disciplinary actions
ranging from verbal warnings to written reprimands.
Return of Uniforms
Employees must return all issued uniform items to the Brazos County Veteran Service Office
prior to their last day of employment with the department.
ppr• es ' Com Vissioner's Court on this LE ( day of ,2024 by
-•L•,. the position of
I LI O:OJ f Ivl ALUM vvvci ancca p�
:SATE rT'
•
6,4
CG�;T y o
BRAZOS COUNTY
BRYAN, TEXAS
DEPARTMENT: Budget Office NUMBER:
DATE OF COURT MEETING: 12/31/2024
ITEM: Approval requested for authorization to wire transfer up to$778,375.83 to HHSC for the
Fiscal Year 2025 Hospital Augmented Reimbursement Program(HARP)IGT for the benefit
of participating hospitals using funding from Brazos County Local Provider Participating
Fund.
TO: Commissioners Court
FROM: Nina Payne
DATE: 12/18/2024
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
SOURCE OF FUNDS: Brazos County LPPF(Fund 16000)
REQUIREMENTS: HHSC requires this IGT to be entered into TexNet no later than close of business Monday,
January 6,2025,with a settlement date of Tuesday,January 7,2025.
The Hospital Augmented Reimbursement Program (HARP)is a statewide supplement
program providing Medicaid payments to hospitals for inpatient and outpatient services that
serve Texas Medicaid fee-for-service(FFS)patients. The program serves as as financial
transition for providers historically participating in the Delivery System Reform Incentive
Payment Program. HARP will provide additional funding to hospitals to assist in offsetting
NOTES/EXCEPTIONS: the cost hospitals incur while providing Medicaid services. Subject to CMS approval,
eligible participants in Federal Fiscal Year 2022 include non-state government-owned and
operated hospitals and private hospitals. The public HARP SPA was approved for non-
state government-owned and-operated hospitals on August 31,2022. The private HARP
SPA was approved for private hospitals on August 15,2023. Reimbursement rules are
located at Title 1 of the Texas Administrative Code, Part 15,Chapter 355,SubChapter J,
Division 4, Rule 8070.
ACTION REQUESTED OR Request approval.
ALTERNATIVES:
ATTACHMENTS:
File Name Description Type
FY 25 HARP Allocations Request 12.19.24.pdf HARP IGT Memo Cover Memo
FY25 HARP Allocation Summary HARP IGT Backup Backup Material
Brazos LPPF (002),pdf
PR VEIN'
ic?.131 Jam
• Duane Peters Date
County Judge
https://brazos.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=29897 1/1
Nina Payne
From: Justin Flores <justin@ahcv.com>
Sent: Thursday, December 19, 2024 3:52 PM
To: Nina Payne; Edward C. Bull;Jamie L. Cartwright; Cristian T.Villarreal
Cc: Caroline Simpson;Zach Ervin
Subject: FY25 Advance HARP - Brazos County LPPF
Attachments: FY25 HARP Allocation Summary- Brazos LPPF.xlsx
Brazos County Disclaimer
*****This is an email from an EXTERNAL source.DO NOT click links or open attachments unless you recognize the
sender and have verified that the content is safe.Never enter USERNAME,PASSWORD or sensitive information on
pages linked from this email.*****
Good afternoon, Brazos County Team.
As you know,the upcoming FY25 HARP Advance IGT is taking place on Monday,January 6'.Accordingly,the
hospitals participating within the Brazos County LPPF would like to request the following IGT amount noted
below. (Please review the accompanying allocation.)
FY25 Advance HARP total requested IGT amount$778,375.83.
HHSC requires this amount to be entered into TexNet no later than the close of business 1/6/2025 with a
settlement date of 1/7/2025. These funds will need to be placed in the"HARP Private" bucket. Upon successful
completion of the IGT, please submit the PDF of the TexNet trace sheet and hospital allocation form to
hhscpfdharppayments@hhs.texas.gov.
AHCV also kindly requests to be copied on the TexNet submission to HHSC on or before the deadline noted
above.
Please do not hesitate to contact us with any questions.
Thank you,
Justin
Justin Flores I Director of Finance
Adelanto HealthCare Ventures L.L.C.
401 W. 15th Street,Suite 840
Austin,TX 78701
Direct: (254) 231-6009
http://www.ahcv.com/
i
Brazos County LPPF
HARP Advance FY25 Facility Allocation
Agenda Date: December 31, 2024
TexNet: Monday, January 6, 2025
Settlement Date: Tuesday, January 7, 2025
Bucket: "HARP Private" Bucket
SDA TPI Hospital Government Entity IGT Total %of Funding IGT from GE
from GE
MRSA Central 127267603 SAINT JOSEPH REGIONAL HEALTH CENTER Brazos County LPPF $ 665,510.94 100% $ 665,510.94
MRSA Central 326725404 SCOTT AND WHITE HOSPITAL COLLEGE STATION-BAYLOR SCOTT&WHITE MEDICAL CENTER COLLEGE STATOOP Brazos County LPPF $ 112,848.00 100% $ 112,848.00
MRSA Central 353712801 SCOTT&WHITE HOSPITAL-MARBLE FALLS-BAYLOR SCOTT&WHITE MEDICAL CENTER-MARBLE FALLS Brazos County LPPF $ 16.89 100% $ 16.89
Brazos County LPPF $ 778,375.83 $ 778,375.83
Total $ 778,375.83 $ 778,375.83
.4,/- -4::5+\
(...t4.
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: NUMBER:
DATE OF COURT MEETING: 12/31/2024
ITEM: Approval requested to increase the County mileage reimbursement rate from$0.67 per mile
to$0.70 per mile for business travel occurring on or after January 1,2025.
TO: Commissioners Court
DATE: 12/19/2024
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Description Tvoe
2025_IRS_mileage_rate.pdf IRS notice Cover Memo
•
APPR,•VIED
\\:--....:
Duane Peters Date
County Judge
4IRS
IRS increases the standard
mileage rate for business use in
2025 ; key rate increases 3 cents
to 70 cents per mite
IR-2024-312, Dec. 19, 2024
WASHINGTON — The Internal Revenue Service today announced that the optional
standard mileage rate for automobiles driven for business will increase by 3 cents in
2025, while the mileage rates for vehicles used for other purposes will remain unchanged
from 2024.
Optional standard milage rates are used to calculate the deductible costs of operating
vehicles for business, charitable and medical purposes, as well as for active-duty
members of the Armed Forces who are moving.
Beginning Jan. 1, 2025, the standard mileage rates for the use of a car, van, pickup or
panel truck will be:
• 70 cents per mile driven for business use, up 3 cents from 2024.
• 21 cents per mile driven for medical purposes, the same as in 2024.
• 21 cents per mile driven for moving purposes for qualified active-duty members of
the Armed Forces, unchanged from last year.
• 14 cents per mile driven in service of charitable organizations, equal to the rate in
2024.
The rates apply to fully-electric and hybrid automobiles, as well as gasoline and diesel-
powered vehicles.
While the mileage rate for charitable use is set by statute, the mileage rate for business
use is based on an annual study of the fixed and variable costs of operating an
automobile. The rate for medical and moving purposes, meanwhile, is based on only the
variable costs from the annual study.
Under the Tax Cuts and Jobs Act, taxpayers cannot claim a miscellaneous itemized
deduction for unreimbursed employee travel expenses. And only taxpayers who are
members of the military on active duty may claim a deduction for moving expenses
incurred while relocating under orders to a permanent change of station.
Use of the standard mileage rates is optional. Taxpayers may instead choose to calculate
the actual costs of using their vehicle.
Taxpayers using the standard mileage rate for a vehicle they own and use for business
must choose to use the rate in the first year the automobile is available for business use.
Then, in later years, they can choose to use the standard mileage rate or actual expenses.
For a leased vehicle, taxpayers using the standard mileage rate must employ that method
for the entire lease period, including renewals.
Notice 2025-5 PDF contains the optional 2025 standard mileage rates, as well as the
maximum automobile cost used to calculate mileage reimbursement allowances under a
fixed-and variable rate (FAVR) plan. The notice also provides the maximum fair market
value of employer-provided automobiles first made available to employees for personal
use in 2025 for which employers may calculate mileage allowances using a cents-per-
mile valuation rule or the fleet-average-valuation rule.
Page Last Reviewed or Updated:19-Dec-2024
AGREEMENT FOR DENTAL SERVICES
ADDENDUM 4
THIS ADDENDUM 3, made this 15th day of, .Nb embof .2024, by and between
the COUNTY OF BRAZOS, having its principal place of business at 1700 Highway 21
West, Bryan, Texas 77803 (hereinafter referred to as the "COUNTY") and DENTRUST
DENTAL TEXAS, P.C. having its principal place of business at 6097 Easton Road,
Pipersville, PA 18947 (hereinafter referred to as "DENTRUST').
WHEREAS, the parties entered into an Agreement dated 30 July 2019, ("Original
Agreement") and subsequent Addendums, wherein DENTRUST was retained to provide
dental care for inmates and detainees at the Brazos County Detention Center;
WHEREAS, the Addendum 3 dated 27 November 2023, ("Addendum 3") by its
terms, is set to terminate on February 28, 2025.; and
WHEREAS, the parties hereto wish to extend this Addendum for an additional one-
year renewal term;
NOW THEREFORE, in consideration of the terms and conditions contained herein
and in the Original Agreement and Addendums, the parties agree as follows:
FIRST: The term of Addendum 3 shall be extended for an additional
one (1) year period commencing March 1, 2025, and terminating February 28, 2026,
unless otherwise terminated in accordance with Paragraph "14" of the Original
Agreement.
SECOND.: All other terms and conditions of the Original Agreement and
subsequent Addendums shall remain the same for the period of this renewal term.
1
IN WITNESS WHEREOF, the parties have executed this ADDENDUM 4 on the
date hereinabove set forth.
•
ATTEST COUNTY OF BRAZOS
(c12)
Name: prh.a rn- P a=t-
Title: Could-Tr-Y t-c cbt
ATTEST DENTRUS ' DE TAL TEXAS, P.C.
, - , ilk144‘," "
Name: Rishi'Bh rdv+aJ.
Title: CEO
2
•
AGREEMENT FOR DENTAL SERVICES
AGREEMENT BY AND BETWEEN:
The COUNTY OF BRAZOS with offices at 1700 Highway 2I West,Bryan,
Texas 77803
Hereinafter refereed to as the "COUNTY";
•
AND:
DENTRUST DENTAL TEXAS,P.C.,a corporation of the
State of Texas,with offices Iocated at
6097 Easton Road,Pipersville,Pennsylvania 18947
Hereinafter referred to as"DENTRUST".
•
WHEREAS, the COUNTY desires to provide dental care for inmates and detainees at the
Brazos County Jail (hereinafter"the Jail");and
WHEREAS,Dentists provided by DENTRUST are duly licensed dentists in the State of Texas,
desires to conduct part of its practice of dentistry at the Jail;
WHEREAS,the provisions of the Health Insurance Portability and Accountability Act(HIPAA)
as set forth hereto in Appendix"A",HIPAA Business Associate Agreement,is hereby made part of
this Services Agreement and incorporated by reference;
IT IS MUTUALLY AGREED by and between the above referenced parties hereto, for one
dollar($1.00) and for other goods and valuable consideration, as follows;
1. DENTRUST agrees to conduct an independent practice of dentistry at the Jail. 'The
COUNTY in turn, agrees to provide DENTRUST with the required space and sufficient time to
conduct its dental practice. The COUNTY will neither contract with nor allow any other provider to
perform routine or non-emergent dental services on inmates or detainees housed at the Brazos
County Jail while the COUNTY is under contract with DENTRUST. The COUNTY will allow
• 1
DENTRUST access to the Jail twice a month and any other time when DENTRUST's services are
required-as-scheduled-by-either-the Jail-or-DENTRUST. - -
2. DENTRUST agrees that it shall give priority scheduling to inmates in need of emergency
dental treatment;inmates who have medical problems,such as allergies,diabetes,heart conditions
and/or blood diseases; and inmates who do not have sufficient teeth to masticate the food provided
by the Jail.
3. DENTRUST agrees to perform necessary dental services upon any and all County,State and
Federal prisoners presently detained at the Jail,In the course of performing said dental services for
County, State and Federal prisoners, DENTRUST agrees to adhere to any and all applicable State
and Federal regulations governing dental services for prisoners and detainees.
4. DENTRUST agrees that it is responsible for furnishing, at its own expense, all additional
necessary equipment and supplies and its own paid personnel,as determined by DENTRUST,for the
proper and safe operation of its clinic at the Jail.
5. In addition to emergency treatment DENTRUST shall only perform the treatment necessary
to control and_prevent pain,infection,decay or other abnormalities of the hard and soil tissue within,
and immediately adjacent to the oral cavity of any inmate or detainee presently being housed at the
Jail. DENTRUST shall not perform any cosmetic or other dental services other than the
aforementioned,without first obtaining authorization from the Jail Administrator.
6.The COUNTY agrees to pay the fees in Appendix"B"for all treatment performed on inmates
and detainees housed in the Jail, and that a fee of fifty-five dollars ($55.00) will be billed to the
COUNTY for travel expenses incurred by DENTRUST for each day it operates the clinic at the Jail.
This fee will also apply to any emergency calls to which DENTRUST may respond.
7. The COUNTY agrees that it is responsible for disposing of all bio-hazardous waste products
created as a result of the operation of the dental clinic at the Jail.
8. The COUNTY agrees to make the medical records available to DENTRUST,in advance of
any dental treatment, of any patient expected to be examined or treated by a Dentist provided by
DENTRUST. DENTRUST agrees to treat all patients with proper infection control procedures
including barrier protection, chemical disinfectants, sterilization, and, where possible,disposable
equipment.
9. The COUNTY agrees that when a Dentist provided by DENTRUST is in the presence of
inmates or other detainees under the jurisdiction of the Jail at least one corrections officer will be
immediately present.At no time will the COUNTY leave any Dentist alone with an inmate or other
•
detainee under the jurisdiction of the Jail regardless of how rehabilitated or trustworthy that inmate
or-detainee-may-appear. - ----
10.DENTRUST agrees to maintain the appropriate amounts of Dental malpractice insurance
necessary for it to satisfy its obligations under this Agreement. Moreover,this Agreement will not
be effective unless and until DENTRUST demonstrates that it possesses said malpractice coverage.
11.DENTRUST shall indemnify and hold harmless the COUNTY and its officers,agents and
employees from any claims,demands,cause of action and judgments arising directly out of injuries
to persons or property of whatever kind or nature as a direct result of furnishing the services provided
under this Agreement.
12.DENTRUST shall adopt and comply with all federal,state,county,and city laws,ordinance,
regulations and standards applicable to the provision of services described herein and the
performance of all obligations undertaken pursuant to this Contract, including the Prison Rape
Elimination Act of 2003 (PREA)which establishes a zero-tolerance standard against sexual abuse
and sexual harassment of incarcerated persons, including juveniles, and addresses the detection,
elimination,prevention, and reporting of sexual abuse and sexual harassment in facilities housing
adult and juvenile Offenders. [PREA§115.312(A)]. Under PREA,DENTRUST must comply with
PREA standards [PREA §115.312(A)] and shall make available to the Brazos County Sheriff's
Office all incident-based aggregated data reports of sexual abuse at its facility within 24-hours of the
allegation. All such data may be requested by the Department of Justice from the previous calendar
year no later than June 30th [PREA §115.3 87(e)and.(f)].
13. The COUNTY agrees that during the terms of this Agreement and for a period of two(2)
years after its termination, the COUNTY will not engage, directly or indirectly, any employee or
dentist-employee of DENTRUST in connection with the provision of dental services.
14. The terms of this Agreement shall be for three(3)years effective March 1,2019 and may be
renewed by mutual consent of both parties,for additional one(1)year terms.
15. It is understood and agreed that either party retains the right to revoke this Agreement at any
time,and for reasonable cause,upon ninety(90)days written notice.
16. AlI notices, approvals, consents and other instruments required or permitted to be given
under this Agreement shall be in writing.
17.This Agreement may not be changed,modified or discharged,except in writing,and signed
by both parties.
3 -
18. This Agreement constitutes the entire understanding between DENTRUST and the
COUNTY.There-are•no•understandings;representafions,or-agreements;either-oral-or-written;other
than those set forth herein.
19. Waiver of any provision of this Agreement shall not be deemed a waiver of future
compliance herewith and such provisions shall remain in full force and effect.
. 20.In the event any provision of this Agreement is held invalid and illegal,or unenforceable,in
whole or in part,the remaining provisions of this Agreement shall not be affected thereby and shall
continue to be valid and enforceable.In the event that any provision of this Agreement is held to be
unenforceable as written, but enforceable if modified, then such provision shall be deemed to be
modified to such extent as shall be necessary for such provision to be enforceable, and it shall be
enforced to that extent.
21. This Agreement shall be construed and interpreted according to the Iaws of the State of
Texas. -
. 22.The undersigned represent that they have been authorized by each of the above-referenced
parties to execute this Agreement.
IN WITNESS WHEREOF,the officers of'the respective parties have signed and sealed this
Agreement this 30. day of . . v \ 1/4.\ ,2019.
•
ATTEST COUNTY OF BRAZOS
„or-9,70Pre By: 0.— b I\, , v c� �.
Name: ' ili
• Title:
ATTEST DENTR 6 tNTAL TEXAS,.P.C.
100.
4 .
APPENDIX"A"
HIPAA BUSINESS ASSOCIATE_AGREEMENT
•
• This Appendix "A"is made part of the Services Agreement (as defined below)byand
between DENTRUST DENTAL TEXAS,P.C. ("Covered Entity")and the COUNTY OF
BRAZOS ("Business Associate").
WHEREAS, Covered Entity and Business Associate are parties to the Service Agreement
pursuant to which Business Associate provides certain services.to Covered Entity. In connection
• with Business Associate's services,Business Associate creates or receives Protected Health
Information from or on behalf of Covered Entity,which information is subject to protection •
under the Federal Health Insurance Portability and Accountability Act of 1996, Pub. L.No. 104-
191 ("HIPAA")and related regulations promulgated by the Secretary("HIPAA Regulations").
WHEREAS, in light of the foregoing and the requirements of the HIPAA Regulations,
Business Associate and Covered Entity agree to be bound by the following terms and conditions;
1. Definitions.
a. General. Terms used, but not otherwise defined, in.this Agreement shall have the
same meaning as those terms in the Privacy Rule.
b. Specif r✓'.
i. Individual."Individual"shall have the same meaning as the term"individual"
in 45'CFR 164.501 and shall include a person who qualifies as a personal
representative in,accordance with 45 CFR 164.502(g).
ii. Privacy Rulc. "Privacy Rule" shall mean the Standards for Privacy of
Individually Identifiable Health Information at 45 CFR part 160 and part 164,
subparts A and E.
iii. Protected Health Information."Protected Health Information"shall have the
• same meaning as the term"protected health information"in 45 CFR 164.501,
limited to the information created or received by Business Associate from or
on behalf of Covered Entity.
iv. Required BvsLaw. "Required by Law"shall have the same meaning as the
term"required by law"in 45 CFR I 64.501.
v. :Secretary."Secretary"shall mean the Secretary of the Department of Health
and Human Services or his designee.
A-1
•
vi. .SerVicds.Agreenieht. "Services Agreement"shall mean any present or future
agreements,either written or oral,between Covered Entity and Business
Associate under which Business Associate provides services to Covered
Entity which involve the use or disclosure of Protected Health Information.
2. Oblications and Activities of Business Associate.
a. Use and Disclosure. Business Associate agrees not to use or disclose Protected
Health Information other than as permitted or required by the Services Agreement or
as Required by Law.
b. Appropriate Safeguards.Business Associate agrees to use appropriate safeguards to
prevent use or disclosure of the Protected Health Information other than as provided
for by the Services Agreement. Without limiting the generality of the foregoing,
Business Associate agrees to protect the integrity and confidentiality of any Protected
Health Information it electronically exchanges with Covered Entity.
c. Mitigation. Business Associate agrees to mitigate, to the extent practicable, any
harmful effect that is known-to Business Associate of a use or disclosure of Protected
Health Information by Business Associate in violation of the requirements of this
Agreement. -
d, Reporting. Business Associate agrees to report to Covered Entity any use or
disclosure of the Protected Health Information not provided for by the Services
Agreement of which it becomes aware.
e. Agents. Business Associate agrees to ensure that any agent, including a
subcontractor,to whom it provides Protected Health Information received from,or
created or received by Business Associate on behalf of Covered Entity agrees to the
same restrictions and conditions that apply through this Agreement to Business
Associate with respect to such information.
f. Access to.Desi.gnated'Record Sets.To the extent that Business Associate possesses or
maintains Protected Health Information in a Designated Record.Set, Business
Associate agrees to provide access,at the request of Covered Entity,and in the time
and manner designated by the Covered Entity,to Protected Health Information in a
Designated Record Set, to Covered Entity or, as directed by Covered Entity,to an
Individual in order to meet the requirements under 45 CFR I 64.524.
g. Amendments.to.Desianated Record Sets. To the extent that Business Associate
possesses or maintains Protected Health Information in a Designated Record Set,
Business Associate agrees to make any amendment(s) to Protected Health
Information in a Designated Record Set that the Covered Entity directs or agrees to
pursuant to 45 CFR 164.526 at the request of Covered Entity or an Individual,and in
the time and manner designated by the Covered Entity.
A-2
h. Access to Books and Records.Business Associate agrees to make internal practices,
books, and records, including policies and procedures and Protected Health
lnformation, relating to the use and disclosure of Protected, Health Information
received from, or created or received by Business Associate on behalf of, Covered
Entity available to the Covered Entity, or to the Secretary, in a time and manner
designated by the Covered Entity or designated by the Secretary,for purposes of the
Secretary determining Covered Entity's compliance with the Privacy Rule.
i. Accountings.Business Associate agrees to document such disclosures of Protected
Health Information and information related to such disclosures as would be required
for Covered Entity to respond to a request by an Individual for an accounting,of
disclosures of Protected Health Information in accordance with 45 CFR 164.528.
j. Reetiests:fbrAccotiritinas.Business Associate agrees to provide to Covered Entity or
an Individual,in the time and manner designated by the Covered Entity,information
collected in accordance with Section 2.i.of this Agreement,to permit Covered Entity
to respond to a request by an Individual for an accounting of disclosures of Protected
Health Information in accordance with 45 CFR 164.528.
3. Permitted Uses and Disclosures by Business Associate. Except as otherwise limited in
this Agreement, Business Associate may use or disclose Protected Health Information to
perform functions,activities,or services for,or on behalf of,Covered Entity as specified in
the Services Agreement,provided that such use or disclosure would not violate the Privacy
Rule if done by Covered Entity or the minimum necessary policies and procedures of the
Covered Entity.
4. .Permissible Regties'ts by—Covered Entity. Covered Entity shall not request Business
Associate to use or disclose Protected Health Information in any manner that would not be
permissible under the Privacy Rule if done by Covered Entity.
5. Term and Termination. •
a. Term. This Agreement shall be effective as of the date of the Services Agreement,
and shall terminate when all of the Protected Health Information provided by
Covered Entity to Business Associate, or created or received by Business Associate
on behalf of Covered Entity, is destroyed or returned to Covered Entity, or, if it is
infeasible to return or destroy Protected Health Information,protections are extended
to such information,in accordance with the termination provisions in this Section.
b. Termination for Cause. Upon Covered Entity's knowledge of a material breach by
Business Asociate,Covered Entity shall either:
i. In its sole discretion,provide an opportunity for Business Associate
to cure the breach or end the violation. If Business Associate does
not cure the breach or end the violation within the time specified by
Covered Entity,Covered Entity shall terminate:(A) this Agreement;
A-3
(B) all of the provisions of the Services Agreement that involve the
use or disclosure of Protected Health Information;and(C)such other
provisions, if any, of the Services Agreement as 'Covered Entity
designates in its sole discretion;
ii. Immediately terminate:(A)this Agreement; (B)all of the provisions
of the Services Agreement that involve the use or disclosure of
Protected Health Information; and (C)such other provisions,if any,
of the Services Agreement as Covered Entity designates in its sole
discretion if Business Associate has breached a material term of this
Agreement; or
iii. If termination is not feasible,Covered Entity shall report the violation
to the Secretary.
c. Effect of Termination.
Except as provided in paragraph ii.of this Section 5.c., upon termination of
this Agreement,for any reason,Business Associate shall return or destroy all
Protected Health Information received from Covered Entity, or created or
received by Business Associate on behalf of Covered Entity.This provision
shall apply to Protected Health Information that is in the possession of
subcontractors or agents of Business Associate. Business Associate shall
retain no copies of the Protected Health Information.
ii. In the event that Business Associate determines that returning or destroying
the Protected Health Information is infeasible, Business Associate shall
provide to Covered Entity notification of the conditions that make return or
destruction infeasible. Upon mutual agreement of the Parties that return or
destruction of Protected Health Information is infeasible,Business Associate
•
shall extend the protections of this Agreement to such Protected Health
Information and limit further uses and disclosures of such Protected Health
Information to those purposes that make the return or destruction infeasible,
for so long as Business Associate maintains such Protected Health
Information. If Covered Entity makes a reasonable determination that
returning or destroying the Protected Health Information is feasible,Business
Associate shall return or destroy the Protected Health Information in the time
and manner designated by Covered Entity.
6. Miscellaneous.
a. Regulatory References. A reference in this Agreement to a section in the Privacy
Rule means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend the
Services Agreement from time to time as is necessary for Covered Entity to comply
with the requirements of the Privacy Rule and HIPAA.
A-4
c. Survival.The respective rights and obligations of Business Associate under Section
5.c. of this Agreement shall survive the termination of the Services Agreement.
d. Interpretation.Any ambiguity in this Agreement shall be resolved to permit Covered
Entity to comply with the Privacy Rule.
e. Miscellaneous. The terms of this Agreement arc hereby incorporated into the
Services Agreement. Except as otherwise set forth in Section 6.d.of this Agreement,
in the event of a conflict between the terms of this Agreement and the terms of the
Services Agreement, the terms of this Agreement shall prevail. The terms of the
Services Agreement which are not modified by this Agreement shall remain in full
force and effect in accordance with the terms thereof. The Services Agreement
together with this Business Associate Agreement constitutes the entire agreement
between the parties with respect to the subject matter contained herein.
A-5
Dentrust Dental Texas,P.C.
D@ 'CS
APB NIRKTSs' -- - - - --- --
FEE SCHEDULE
Diagnostic
0110 initial Examination 30.00
0I20 Periodic Examination 30.00
0I40 Problem Focused Examination 40.00
0210 Full Mouth Series 85.00
0220 Periapical-First Film 20.00
0230 Periapical-Additional Film 15.00
0240 Occlusal X-ray 30.00
0270 Bitewing-Single 15.00
0272 Bitewing-Two Films 25.00
0273 Bitewing-Three Films • • .. 30.00
0274 Bitewing-Four Films 35.00
0460 Pulp Vitality Test 25.00
Preventive ••
1110 Adult Prophylaxis 60.00
1204 Topical Fluoride-Adult 20.00
1330 Oral Hygene Instruction -
•
Restorative •.
2I40 Amalgam-Permanant-One Surface 55.00
2150 Amalgam-Permanant Two Surface 75.00
2160 Amalgam-Permanent Tbrec.Surface 90.00
2161 Amalgam-Permanant-Four Surface 110.00
2162 Amalgam-Perinaiiant--Five Surface 135.00
Anterior Composite Resins
2330 One Surface 55.00
2331 Two Surface 75.00
2332 Three Surface 90.00
2335 Four Surface or Incisal Angle 115.00
2336 Facial Veneer 135.00
Posterior Composite Resins
2391 Permanent-One Surface 85.00
2392 Permanant-Two Surface 115.00
2393 Permanant-Three Surface • 155.00
2394 Permanent—Four or more Surfaces 185.00
. 1
Dentrust Dental Texas,P,C.
Crowns-Single
2710 Acrylic Temporary 100.00
2830 Stainless Steel 125.00
Other Restorative Services
2920 Recement Crown 55.00
2940 Sedative Filling 55.00
2950 Buildup For Crown 85.00
295I Pin Retention In Addition to Restoration 30.00
Endodontics
3110 Pulp Cap-Direct . 25.00
3120 Pulp Cap-Indirect 25.00
3210 Theraputic Apical Closure 85.00
3220 Vital Pulpectomy 85.00
- 3310 Root Canal-Anterior Tooth 325.00
3320 Root Canal-Bicuspid Tooth _ 400.00
3330 Root Canal-Three Canal Molar . ' 575.00
3340 Root Canal-Four Canal Molar 625.00
Periodontics
4050 Periodontal Evaluation 55.00
4320 Provisional Splinting Intracoronal 85.00
4321 Provisional Splinting Extracoronal 85.00
4330 Occlusal Adjustment 50.00
4331 Occlusal Adjustment,Complete 150.00
4340 Scaling&RootPlaning•Fu11 Mouth 375.00
4341 Scaling and:Root Planing per Quadrant 125.00
4342 Scaling and Root Planing One-Three 70.00
4345 Theraputic Periodontal Scaling 100.00
4399 Isolated Scaling 70.00 -
4910 Periodontal Maintenance(perio prophy) 100.00
Removable Prosthodontics
5110 Complete Upper Denture 625.00
5120 Complete Lower Denture 625.00
5130 Immediate Upper Denture 625.00
5140 Immediate Lower Denture 625.00 •
5211 Resin Base Upper Partial 325.00
5212 Resin Base Lower Partial 325.00
5213 Upper Cast Partial 695.00
5214 Lower Cast Partial 695.00
5310 Each Additional Clasp With-Rest 85.00
5410 Adjustment Complete Upper 70.00
5411 Adjustment Complete Lower 70.00
2
•
Dentrust Denial Texas,P.C.
5421 Adjustment Partial Upper 70.00
5422 Adjustment Partial Lower 70.00
Denture Repairs
5510 Complete Denture No Teeth Damaged 50.00
5520 Missing Tooth-Complete Denture(each) 40.00
5610 Partial Denture Acrylic Saddle 55.00
5620 Cast Framework of Partial 100.00
5630 Broken Clasp 100.00
5640 Missing Tooth-Partial Denture (each) •
40.00
5650 Addition of Tooth-Partial Denture(each) 40.00
5660 Addition of Clasp 100.00
Denture Relines
5730 Upper Complete-Chairside - 165.00
5731 Lower Complete-Chairside I65.00
5740 Upper Partial-Chairside 140.00
5741 Lower Partial-Chairside 140.00
5750 Upper Complete-Laboratory 175.00
5751 Lower Complete-Laboratory 175.00
5760 Upper Partial-Laboratory 175.00
5761 Lower Partial-Laboratory 175.00
Other Prosthetic Services
6920 Recementation of Maryland Bridge 60.00.
6930 Recement Bridge 60.00
Oral Surgery!
7140 Simple Extraction 75.00
7140 Simple Extraction (third molar) 85.00
72]0 Surgical Extraction 95.00
7210 Surgical Extraction(third molar) 115.00
7220 Soft Tissue Impaction 165.00
7230 Partial Bony Impaction 225.00
7240 Full Bony Impaction 275.00
7250 Removal of Residual Root Tip 90.00
7260 Fistula Closure 275.00 .
7281 Exposure of Unerupted/Impacted Tooth 95.00
7285 Hard Tissue Biopsy(exc.path report) 195.00
7286 Soft Tissue Biopsy(exc.path report) 195.00
7310 Alveoloplasty With Extractions 105.00
7320 Alveoloplasty Without Extractions 185.00
7321 Tuberosity Reduction •
95.00
7452 Excision of Hyperplastic Tissue-Quadrant 105.00
3
•
Dcntrust Dental Texas.P,C.
7510 Incision&Drainage lntraorai 175.00
7971 Excision of Pericoronal Gingiva 65.00
Miscellaneous
9110 Palliative Treatment - 75.00
9941 Athletic Mouthguard 85.00
4
0 PREMIER
BEST WESTERN.
Best Western Premier Bryan/College Station
1920 Austin's Colony Parkway I Bryan,TX,77802
Phone: 979-731-5300 I Fax: 979-731-5301
LOCAL NEGOTIATED PREFERRED RATE AGREEMENT
'ACCOUNT: -'BrazosCounty !Today'sDate: I October 31,2024
j Contact: !Presley Nelson __ !Salesperson: 'Mallory Hendrix
Address: 300 E 26th St Salesperson Email: �allory.hendrx@oldhamgoodwin.com__
City,State,Zip: (Bryan,TX,77803 !Address: {1920 Austins Colony Parkway
•
Telephone: 1979-361-4291 JCity,State,Zip Bryan,TX 77802 _^_
Email:
pnelson@brazoscountvtx.gov !
We are pleased to present you with the following rate agreement concerning your stay at the Best Western Premier Bryan/College Station,1920
Austin's Colony Parkway I Bryan,TX,77802.Once this Agreement has been signed and received,this Agreement shall constitute for the entire
written contract of this agreement.
SLEEPING ROOM ACCOMMODATIONS AND RATES
It is a pleasure to confirm on a definite basis the following arrangements to Brazos County,Non-Last Room Availability.These rates are a
courtesy to Brazos County Office and this rate will be granted for the remainder of 2024.
!Room Types Negotiated Rates _ J
Single King 1$105.00
!Double Queen $105.00
The above rates are net non-commissionable,non-last room availability and all suite rates are subject to state,local and any occupancy taxes;
currently such taxes total 15.75%.Taxes are subject to change without notice.
Negotiated Rate is iriclusive of these modern features and amenities:
• Complimentary Hot Breakfast Buffet
• Complimentary High Speed Wireless Internet Access in Suites and Public Areas
• Fitness Center and Market
• Outdoor Pool
• Business Center
• Spacious upscale guest Suite with stylish Bathrooms amenities,In-room coffee/tea maker,In-room mini-refrigerator,In-room Safe
• On-Site laundry room
• Best Western Rewards loyalty program
• On-site cocktail bar
2025 Blackout Dates:
The following 2025 dates below are but are no limited too are considered high demand for our hotel therefore your rates will not be available on
the following dates.
• April 4-5,2025
• May 8-10,2025
• Friday and Saturdays of Texas ABM Home Football Games
'TERMS AND CONDITIONS:
SLEEPING ACCOMODATIONS:
The rates and other terms provided herein shall be in effect for the period of January 1.2025 through December 30.2025.This rate is valid
for Brazos County individual business travelers as well as for individuals visiting your corporation.
• Above guestroom rates are on a space availability basis;however,the Hotel will make every effort to confirm your reservation with the
above guestroom rate.
• The guest room rates are net/non-commissionable,non-last room available.
• Should you require a group room block of 10 rooms or more for your meetings,we will be happy to separately negotiate the best
available rate.
The Hotel will review your production on a quarterly basis and reserve the right to mutually re-negotiate the rate based on your companies'
performance,with a thirty(30)day written notification to you.The estimated annual guestroom usage for Brazos County is room nights;
therefore,your travelers will receive these exclusive Individual Business Travel Rates.
RESERVATION PROCEDURE:
In order to receive your special rates,when calling,all reservations should be under the Brazos County negotiated rate.Brazos County will be
provided with a Corporate ID#and Reservation Link for reservations to be booked on website:Best Western Premier Bryan/College Station.In
order to guarantee a guest room,a credit card must be provided during time of making the reservation.
Early departure fees:The Hotel's early departure policy is one night's room and tax charge. To avoid an early departure fee,guests must ensure
to contact the front desk by 3:00 p.m.prior to the date of departure.
CANCELLATION POLICY: All reservations must be cancelled 24 hours prior to scheduled arrival date to avoid one night's room and tax billed
to Brazos County direct bill account.All reservations with no call/no show will result a charge of the first night's room charge and tax.Any day of
arrival cancellation requests will be asses by Hotel and cancellation fee will be waived on a case by case basis.
BILLING ARRANGEMENTS:
Each individual guest will be expected to pay for all guest room related charges including the room rate,sales and lodging tax and any incidental
expenses charged to the guest room.
RELOCATION POLICY
It is the intention of the Hotel to never relocate one of our guests with a guaranteed reservation.However,in the event that a guest must be
relocated,we will arrange accommodations at another comparable hotel and provide reasonable transportation to and from the hotel.We are
confident this policy will ensure the complete satisfaction of all our preferred guests and prove our intention of not inconveniencing our most
valued customers.
TERMINATION OF AGREEMENT:This agreement may be terminated either by Best Western Premier Bryan/College Station,or Brazos County
by delivery of written notice of termination of at least thirty(30)days in advance of termination of date. Either party may renegotiate this
agreement,six months to date.
AGREEMENT: The length of this Agreement is valid through December 31,2025. This Agreement must be signed and returned within 7
days of the date of this agreement-November 8,2024. If this Agreement is not received and signed by this date,the Hotel has the right to re-
evaluate all terms and conditions of this Agreement. In which case,Brazos County will be available to reserve all reservations under non-
negotiated rates.
The entire staff at the Best Western Premier Bryan/College Station sincerely appreciates the opportunity to serve both you and Brazos County
travelers.You can be assured of the effort of our entire staff and my personalized attention to help make their stay a little extra delightful and
rewarding.
SIGNATURES:
The contents of the foregoing agreement meet with my approval,and I consider all arrangements to be confirmed and definite contingent upon
the Hotel's approval and execution of the Agreement.
On Behalf of Best Western Premier Bryan/College Station On Behalf of Brazo
- --- - -- - --__ i
Si
gnature ev 1Signatur
Mallory
Hendrix -- Name: I� ,�`e - •
Area Director of Sales Title: y
[Date: 12-17-24 Date: Li,--43 119,16, -- - 1
LegalServer
SUBSCRIPTION SERVICES AGREEMENT
This LegalServer Subscription Agreement("Agreement")is dated as of the last signature below("Effective Date")
and agreed to by P.S.Technologies,Inc.,an Illinois corporation with its principal place of business at 204 S.Scoville
Ave.,Oak Park,IL 60302,and a mailing address of PO Box 221154,Chicago,IL 60622("PSTI");and Brazos County
Public Defender's Office,a Texas government organization("Client").
Background
PSTI has developed a proprietary web-based case management software system referred to as LegalServer.Legal aid
organizations, public defenders, government agencies, universities and social service agencies subscribe to
LegalServer to manage various aspects of delivering services,including tracking clients,cases,projects,outreaches,
staff,contractors,volunteers,time,and grants. Client desires(a)to obtain a subscription to use the LegalServer system
and(b)for PSTI to activate,implement,configure,host,and maintain the LegalServer system in accordance with this
Agreement. PSTI and Client desire to set forth in this Agreement the terms and conditions applicable to Client's
subscription to use the LegalServer system and for the provision of related professional services by PSTI for Client.
Agreement
For and in consideration of the foregoing,the terms and conditions hereinafter set forth,and other good and valuable
consideration,the receipt and sufficiency of which is hereby acknowledged,Client and PSTI agree as follows:
1. DEFINITIONS.
1.1 "Afftliate"means,with respect to a party,any other entity that directly or indirectly controls,is controlled
by or is under common control with such entity,where"control"means the possession,direct or indirect,of the power
to direct or cause the direction of the management and policies of such entity through the ownership of 50%or more
of the outstanding voting securities(but only for as long as such entity meets these requirements).
1.2 "Client Data"means the content,information,and data input into and stored by the System by or on behalf
of Client Client Data does not include Usage Data or Aggregated Data.
1.3 "Documentation" means any user materials, instructions, and specifications made available by PSTI to
Client for the Services.
1.4 "Fees"means any agreed upon fees for Services set forth in an Order.
• 1.5 "Order"means any written order,document,or form executed by PSTI and Client specifying the Services
purchased by Client.
1.6 "PSTI Content"means content,data,and information that is owned by PSTI or any of its licensors that is
provided or made available by PSTI through use of the System or as part of or in connection with PSTI's provision of
Services.Content does not include Client Data.
1.7 "Services"means the implementation services,access to the System,support,and the other services made
available on,by,or through the System by PSTI under this Agreement.
1.8 "Software"means PSTI's proprietary software made available by PSTI as part of the System,including any
modified,updated,or enhanced versions of such software that may become part of the Software.
1.9 "System"means the LegalServer case management software system identified in an Order.The System does
not include Client's connectivity equipment, internet and network connections, hardware, software, and other
equipment as may be necessary for Client and its Users to connect to and access to the System or to utilize the Services.
1.10 "Usage Data" means any content, data, or information that is collected-or produced by the System in
connection with use of the Services that does not identify Client or its Users,and may include,but is not limited to,
usage patterns,traffic logs,and user conduct associated with the use of the System.
1.11 "Users"means Client's employees, independent contractors,and other individuals who are authorized by
Client to access and use the Services on behalf of Client.
1
2. SERVICES.
2.1 Provision of Services.Subject to the terms and conditions of this Agreement,PSTI shall provide the Services
ordered by Client in the applicable Order pursuant to the applicable Order and this Agreement. Each Order is
incorporated by reference into this Agreement.
2.2 Cooperation.Client shall supply to PSTI the Client Data along with access and personnel resources that
PSTI reasonably requests in order for PSTI to provide the Services.
2.3 Resources. Client is solely responsible for, at its own expense, acquiring, installing, and maintaining all
connectivity equipment, internet and network connections, hardware, software, and other equipment as may be
necessary for its Users to connect to and access the System.
3. RIGHTS AND RESPONSIBILITIES.
3.1 Access Rights; Client's Use of the System. Subject to the terms and conditions of this Agreement,PSTI
hereby grants to Client,during the Term(as defined below),a non-exclusive,non-sublicensable right to access and
use the System for Client's internal business purposes in accordance with the Documentation and the terms and
conditions of this Agreement PSTI and its licensors reserve all rights in and to the System and the Services not
expressly granted to Client under this Agreement.
3.2 Restrictions on Use. Client acknowledges that the System, and its structure, sequence, and organization
constitute valuable trade secrets of PSTI.Accordingly, Client shall use the System within the express scope of its
subscription as set forth in this Agreement.Client shall not(a)reproduce,display,download,modify,create derivative
works of or distribute the Software,or attempt to reverse engineer,decompile,disassemble or access the source code
for the System or any component thereof;(b)use the System,or any component thereof,in the operation of a service
bureau to support or process any content,data,or information of any party other than Client; (c)permit any party,
other than the then-currently authorized Users to independently access the System;(d)use the System in any manner
or for any purpose that infringes,misappropriates,or otherwise violates any intellectual property right or other right
of any third party,or that violates any applicable law;or(e)use the System to store or transmit any code,files,scripts,
agents,or programs intended to do harm,including,for example,viruses,worms,time bombs and Trojan horses.
33 Users.Under the rights granted to Client under this Agreement,Client may permit independent contractors
and employees of Client to become Users in order to access and use the System in accordance with this Agreement;
provided that Client will be liable for the acts and omissions of all Users to the extent any of such acts or omissions,
if performed by Client,would constitute a breach of,or otherwise give rise to liability to Client under,this Agreement.
Client shall not,and shall not permit any User to,use the System, Software or Documentation except as expressly
permitted under this Agreement.Client is responsible for Users'compliance with this Agreement.
4. FEES AND PAYMENT TERMS.
4.1 Price.Client shall pay PSTI the Fees in accordance with the payment schedule specified in the Order and the
terms of this Agreement.Fees are exclusive of,and Client shall be responsible for all taxes,fees,duties,and other
governmental charges arising from the payment of any Fees or any amounts owed to PSTI under this Agreement
(excluding any taxes arising from PSTI's income or any employment taxes).Fees for any Services requested by Client
that are not set forth in an Order will be charged as mutually agreed to by the parties in writing.
4.2 Payment. Unless otherwise agreed to in an Order,Client shall pay to PSTI all Fees within 30 days after •
Client's receipt of the applicable invoice for such Services.If Client disagrees with any Fees set forth in an invoice,it
shall notify PSTI of the dispute within 30 days after receipt of such invoice.All payments received by PSTI are non-
refundable except as otherwise expressly provided in this Agreement.Client shall make all payments in United States
dollars.If Client fails to pay all or some portion of money owed to PSTI as set forth in this Agreement,and Client
fails to pay such overdue amount within 10 days after receipt of a past due notice from PSTI,PSTI may charge a late
payment fee equal to the lesser of(a) 1.5%per month and(b)the maximum rate permitted by applicable law,from
the date the amount was due until it is paid.
5.. TERM AND TERMINATION.
5.1 Term of Agreement.This Agreement commences on the Effective Date and continues until all Orders have
terminated or expired("Term").The term of each Order shall be set forth in such Order.
2 •
5.2 Termination for Cause.A party may terminate this Agreement or an Order upon notice if the other party
breaches any material provision of this Agreement and(provided that such breach is capable of cure)does not cure
such breach within 30 days after being provided with written notice of such breach.
5.3 Effects of Termination.Upon termination of this Agreement and all Orders:(a)all amounts owed to PSTI
under this Agreement before such termination will be due and payable in accordance with Section 4; (b)all rights
granted in this Agreement will immediately cease; (c)Client shall promptly discontinue all access and use of the
System and return or erase, all copies of the Documentation in Client's possession or control; and (d)PSTI shall
promptly return or erase all Client Data,except that PSTI may retain Client Data in PSTI's archived backup files.
Upon Client's reasonable request before the effective date of termination,Client may export Client Data through the
System or Client may request a copy of the Client Data in the format that it is stored in the System. Sections 1,3.2,
5.3,6,7,8,10, 11,and 12,and all payment obligations,survive expiration or termination of this Agreement.
5.4 Suspension.Notwithstanding anything to the contrary in this Agreement,PSTI may suspend Client's access
to the System if PSTI determines that:(a)there is an attack on the System;(b)Client's or any of its User's use of the
System poses a reasonable risk of harm or liability to PSTI and, if capable of being cured, Client is not taking
appropriate action to cure such risk;(c)Client has breached Sections 3.2 or 7;(d)'Client or its Users use of the System
violates applicable law;or(e)Client has failed to pay any undisputed charge owed under this Agreement when due
and has failed to cure such late payment within 15 days after PSTI has provided Client with written notice of such late
payment.PSTI shall use commercially reasonable efforts to provide Client with notice of such suspension.PSTI may
suspend Client's access to the System until the situation giving rise to the suspension has been remedied to PSTI's
reasonable satisfaction. PSTI's suspension of Client's access to the System will not relieve Client of its payment
obligations under this Agreement.
6. PROPRIETARY RIGHTS.
6.1 Client Data.As between the parties, Client owns all right, title, and interest in Client Data,including all
intellectual property rights therein.
6.2 Client Data License Grant.Client hereby grants to PSTI,during the Term,a limited,non-exclusive,non-
transferable(except as permitted by Section 12.3), non-sublicensable license to use the Client Data solely for the
limited purpose of performing the Services for Client under this Agreement.
6.3 Services. All proprietary technology utilized by PSTI to perform its obligations under this Agreement,
including, but not limited to the (a)Software; (b)all modifications, developments, derivative works, and
enhancements developed by PSTI to the Software; and (c)all related technologies, reports, memoranda, studies,
writings,articles,plans,designs,specifications,exhibits,software code,copies or other materials created by PSTI,
and all intellectual property rights in and to the foregoing,as between the parties,are the exclusive property of PSTI
or its third party licensors.PSTI or its third party licensors retain ownership of all right, title, and interest to all
copyrights,patents,trademarks,trade secrets,and other intellectual property rights in and to the PSTI Content and the
System,including without limitation the Software,the look and feel of any reports,Documentation,customizations,
and enhancements,and all processes,know-how,and the like utilized by or created by PSTI in performing under this
Agreement.Any rights not expressly granted to Client hereunder are reserved by PSTI.
6.4 Aggregated Data.Notwithstanding anything in this Agreement to the contrary,PSTI may analyze Client
Data to create a de-identified and aggregated data set that does not identify Client or its Users (collectively,
"Aggregated Data").PSTI retains ownership of all right,title,and interest in and to Aggregated Data.PSTI may use
Aggregated Data for any lawful purpose,including to improve,market,and provide the Services.
6.5 Usage Data.PSTI retains ownership of all right,title,and interest in and to the Usage Data.PSTI may use
Usage Data in connection with its performance of its obligations in this Agreement and for any other lawful business
purpose,including,but not limited to, benchmarking,data analysis, and to improve PSTI's services, systems,and
algorithms.
7. CONFIDENTIALITY.
7.1 Definitions."Confidential Information"means all information disclosed by one party("Discloser")to the
other party("Recipient")under this Agreement during the Term.Confidential Information includes information that
is marked or identified as confidential and, if not marked or identified as confidential, information that should
reasonably have been understood by Recipient to be proprietary and confidential to Discloser or to a third party.PSTI's
Confidential Information includes all pricing information, Software and Documentation. Client's Confidential
3
Information includes Client Data and all information and materials belonging to,used by,or in the possession of Client
relating to Client Data,including but not limited to,client/case information,documents considered confidences and
secrets pursuant to the applicable Rules of Professional Conduct,personnel information pertaining to its volunteers
and staff,financial information,and its funders.PSTI and Client agree that the Parties shall retain all ownership rights
in and to their respective Confidential Information.Except for each Parry's Confidential Information listed above,the
disclosing Party will mark all Confidential Information in tangible form as"confidential"or"proprietary"or with a
similar legend.The disclosing Party will identify all Confidential Information disclosed orally as confidential at the
time of disclosure.
7.2 Protection.Recipient shall not use any Confidential Information for any purpose not expressly permitted by
this Agreement and shall not disclose Confidential Information to anyone other than Recipient's employees and
independent contractors who have a need to know such Confidential Information for purposes of this Agreement and
who are subject to confidentiality obligations no less restrictive than Recipient's obligations under this Section.
Recipient shall protect Confidential Information from unauthorized use,access,and disclosure in the same manner as
Recipient protects its own confidential or proprietary information of a similar nature and with no less than reasonable
care.
7.3 Exceptions.Recipient shall have no confidentiality obligations under Section 7.2 above with respect to any
information of Discloser that Recipient can document: (a)was already known to Recipient prior to Discloser's
disclosure;(b)is disclosed to Recipient by a third party who had the right to make such disclosure without violating
any confidentiality agreement with or other obligation to the party who disclosed the information;or(c)is,or through
no fault of Recipient has become,generally available to the public; or(d)is independently developed by Recipient
without access to or use of Confidential Information.Recipient may disclose Confidential Information if required to
as part of a judicial process,government investigation,legal proceeding,or other similar process on the condition that,
to the extent permitted by applicable law, Recipient gives prior written notice of such requirement to Discloser.
Recipient shall take reasonable efforts to provide this notice in sufficient time to allow Discloser to seek an appropriate
confidentiality agreement, protective order, or modification of any disclosure, and Recipient shall reasonably
cooperate in such efforts at the expense of Discloser.
8. DATA SECURITY.
8.1 Data Security. PSTI agrees, represents, and warrants that it currently maintains information protection
practices and procedures that are designed to comply with industry practices and all laws applicable to PSTI to
preserve the confidentiality and security of Client Data related to this Agreement in PSTI's possession or control
("Security Program").PSTI's Security Program includes:
(a) Appropriate administrative,technical and physical safeguards and other security measures designed
to ensure the security and confidentiality of Client's Data;
(b) A security design intended to prevent any compromise of its own information systems,computer
networks or data files by unauthorized users, viruses or malicious computer programs which could in turn be
propagated to Client or Client's clients;and
(c) Appropriate internal practices including, but not limited to, encryption of data in transit (i.e.,
transmission of data between Client and PSTI)via secure means such as HTTPS,FTPS,SFTP or equivalent means;
using appropriate firewall hardware and software;maintaining these countermeasures, operating systems and other
applications with up-to-date security patches designed so as to avoid unauthorized access to Client Data;appropriate
logging and alerts to monitor access controls and to assure data integrity and confidentiality;installing and operating
security mechanisms designed in the manner intended to ensure that PSTI business operations are not disrupted;and
permitting only authorized users access to systems and applications that contain Client Data;and
(d) all servers, storage, backups, and network paths utilized in the delivery of the service shall be
contained within the states,districts, and territories of the United States unless specifically agreed to in writing by
Client.PSTI agrees to store all Client backup data stored as part of its backup and recovery processes in encrypted
form,using no less than a 128-bit key.
8.2 Data Incident PSTI shall notify Client without undue delay,but in no event in later than 48 hours,after
PSTI becomes aware of the accidental or unlawful destruction,loss,alteration,unauthorized disclosure of,or access
to Client Data transmitted,stored,or otherwise processed by PSTI(a"Data Incident").PSTI shall make reasonable
efforts to identify the cause of such Data Incident and take those steps as PSTI deems necessary and reasonable in
4
order to remediate the cause of such a Data Incident to the extent the remediation is within PSTI's reasonable control.
PSTI agrees to make resources available to Client in an effort to determine the full impact and root cause of the Data
Incident,including detailed description of the Data Incident and the type of personal data that was the subject of the
Data Incident.The obligations herein shall not apply to incidents that are caused by Client or Users.As required by
applicable data security laws,PSTI shall provide Client with reasonable cooperation and assistance related to such
Data Incident necessary for Client to fulfill Client's obligation under such applicable data security laws.
9. WARRANTIES;DISCLAIMER.
9.1 Access to the System. PSTI warrants that the System will perform materially in accordance with the
Documentation and this Agreement. PSTI does not warrant'that the System will be completely error-free or
uninterrupted.If Client notifies PSTI of a reproducible error in the System that indicates a breach of the foregoing
warranty(each,an"Error")within 30 days after Client experiences such Error,PSTI shall,at its own expense and as
its sole obligation and Client's exclusive remedy: (a)use commercially reasonable efforts to correct or provide a
workaround for such Error,or(b)if PSTI is unable to correct or provide a workaround for such Error within 60 days
after receiving notice of such Error from Client,Client may terminate this Agreement upon notice to PSTI and,PSTI
shall refund the amounts paid by Client for access to the System for the period during which the System was not usable
by Client.The warranties set forth in this Section 9.1 do not apply to any third party offerings or services or cover any
Error caused by:(i)Client or its Users;(ii)use of the System in any manner or in any environment inconsistent with
its intended purpose; (iii)Client's hardware or software if modified or repaired in any manner which materially
adversely affects the operation or reliability of the System,or(iv)any equipment,software,or other material utilized
by Client in connection with the System contrary to the provider's instructions.
9.2 Software Uptime. PSTI will use commercially reasonable efforts to ensure System is operational and
available 24 hours a day,7 days a week,365 days a year,with an availability of 99.5%("Software Uptime"):PSTI,
however,may suspend or interrupt the availability of the Software(without affecting Software Uptime)at any time
(a)due to any cause beyond the reasonable control of PSTI,including any cause described in Section 12.4,or(b)to
• conduct routine scheduled maintenance of the Software.
9.3 Right to Client Data. Client represents and warrants that it has the right to: (a)use the Client Data as
contemplated by this Agreement;and(b)grant PSTI the license in Section 6.2.
9.4 Responsibility of Client Data.As between the Parties,Client is solely responsible for the content of any
data or information posted or transmitted by or on behalf of Client or Client employees using the Software,or any
other use of the Software by Client or Client employees.Client represents and warrants that it will not use the Software
for unlawful purposes(including infringement of copyrights or trademarks,misappropriation of trade secrets,wire
fraud, invasion of privacy,pornography, obscenity, and libel), or to interfere with or disrupt other network users,
network services,or network equipment.If PSTI has reasonable grounds to believe that Client or a Client employee
is utilizing the Software for any such illegal or disruptive purpose,PSTI may stop providing Services to Client under
this Agreement or may suspend or terminate access to the Services immediately upon reasonable notice to Client.
Upon correction of the circumstances causing such suspension or termination of Professional Services and the
provision of reasonable assurances by Client,PSTI shall resume providing the Services hereunder.
9.5 Disclaimer.EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 9,NEITHER PARTY MAKES
ANY WARRANTIES OF ANY KIND AND EACH PARTY SPECIFICALLY DISCLAIMS ALL OTHER
WARRANTIES,WHETHER EXPRESS,IMPLIED,OR STATUTORY,INCLUDING,WITHOUT LIMITATION,
ALL IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,TITLE,
NON-INFRINGEMENT,AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE.
10. INDEMNIFICATION.
10.1 Claims Against Client.PSTI shall defend any claim,suit,or action against Client brought by a third party
to the extent based on an allegation that the Software infringes any intellectual property rights of such third party
(each, a"Client Claim"), and PSTI shall indemnify and hold Client harmless,from and against damages, losses,
liabilities,and expenses(including reasonable attorneys' fees and other legal expenses)(collectively,"Losses")that
are specifically attributable to such Client Claim or those costs and damages agreed to in a settlement of such Client
Claim.The foregoing obligations are conditioned on Client: (a)promptly notifying PSTI in writing of such Client
Claim;(b)giving PSTI sole control of the defense thereof and any related settlement negotiations;and(c)cooperating
and,at PSTI's request and expense,assisting in such defense.In the event that the use of the System is enjoined,PSTI
•
5
shall,at its option and at its own expense either(a)procure for Client the right to continue using the System,(b)replace
the Software with a non-infringing but functionally equivalent product,(c)modify the Software so it becomes non-
infringing or(d)terminate this Agreement and refund the amounts Client paid for access to the System that relate to
the period during which Client was not able to use the System.Notwithstanding the foregoing,PSTI will have no
obligation under this Section 10.1 with respect to any infringement claim based upon:(1)any use of the System not
in accordance with this Agreement;(2).any use of the System in combination with products,equipment,software,or
data that PSTI did not supply of approve of if such infringement would have been avoided without the combination
with such other products,equipment,software or data;(3)any modification of the System by any person other than
PSTI or its authorized agents or subcontractors;or(4)any Third-Party Offering.This Section 10.1 states PSTI's entire
liability and Client's sole and exclusive remedy for infringement claims or actions.
10.2 Claims Against PSTI.Client shall defend,any claim,suit,or action against PSTI brought by a third party
to the extent that such claim,suit or action is based upon Client's or PSTI's use of any Client Data in accordance with
this Agreement(`PSTI Claim")and Client shall indemnify and hold PSTI harmless,from and against Losses that are
specifically attributable to such PSTI Claim or those costs and damages agreed to in a settlement of such PSTI Claim.
The foregoing obligations are conditioned on PSTI: (a)promptly notifying Client in writing of such PSTI Claim;
(b)giving Client sole control of the defense thereof and any related settlement negotiations;and(c)cooperating and,
at Client's request and expense, assisting in such defense. Notwithstanding the foregoing, Client will have no
obligation under this Section 10.2 or otherwise with respect to any PSTI Claim to the extent based upon PSTI's use
of the Client Data in violation of this Agreement.
11. LIMITATIONS OF LIABILITY.
11.1 Exclusion of Certain Types of Damages.IN NO EVENT WILL EITHER PARTY BE-LIABLE FOR ANY
CONSEQUENTIAL,INDIRECT,EXEMPLARY,SPECIAL,OR INCIDENTAL DAMAGES,OR FOR ANY LOST
DATA,LOST PROFITS,OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,ARISING
FROM OR RELATING TO THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF
LIABILITY (INCLUDING NEGLIGENCE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
11.2 Cap on Damages.EACH PARTY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS
AGREEMENT,WHETHER IN CONTRACT OR TORT OR OTHERWISE,WILL NOT EXCEED THE AMOUNT
OF FEES PAID OR OWED BY CUSTOMER TO PSTI UNDER THIS AGREEMENT DURING THE INITIAL
TERM OR RENEWAL TERM,AS THE CASE MAY BE,DURING WHICH THE EVENTS GIVING RISE TO
SUCH LIABILITY OCCURRED.
11.3 Exceptions to Limitations.THE EXCLUSIONS AND LIMITATION OF LIABILITIES SET FORTH IN
THIS SECTION 11 DO NOT APPLY TO A PARTY'S OBLIGATIONS UNDER SECTION 10,TO LIABILITY
ARISING FROM A PARTY'S BREACH OF SECTION 7, OR TO LIABILITY ARISING FROM A PARTY'S
VIOLATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS.
' 11.4 Acknowledgement. CLIENT ACKNOWLEDGES THAT THE FEES PAID IN CONNECTION WITH
THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH HEREIN AND THAT PSTI WOULD
NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
12. GENERAL.
12.1 Independent Contractor. The relationship of the parties established under this Agreement is that of
independent contractors and neither party is a partner,employee,agent,or joint venture partner of or with the other,
and neither party has the right or authority to assume or create any obligation on behalf of the other party.
12.2 Subcontractors.PSTI may utilize subcontractors and subprocessors(collectively,"Subcontractors")in the
performance of its obligations,provided that PSTI will remain liable and responsible for the Subcontractors'acts and
omissions to the extent any of such acts or omissions,if performed by PSTI,would constitute a breach of,or otherwise
give rise to liability to PSTI under,this Agreement when they are performing for or on behalf of PSTI.
12.3 Assignment.
(a) Neither party may assign this Agreement or any of its rights under this Agreement to any third party
without the other parry's prior written consent;except that a party may assign this Agreement without consent from
the other party to(a)an Affiliate;or(b)any successor to its business or assets to which this Agreement relates,whether
6
by merger, acquisition, or sale of all or substantially all of its assets, or otherwise. Any attempted assignment in
• violation of the foregoing will be void and of no force or effect.This Agreement does not confer any rights or remedies
_ upon any person or entity not a party to this Agreement.
(b) If Client is acquired or otherwise merges with an entity not a party to this Agreement,Client shall
have the right to assign its rights and obligations under this Agreement to the acquiring or merging entity(subject to
increased monthly fees based on number of Users)provided that,upon such assignment,the Client forfeits all rights
and subscriptions granted by this Agreement.If such assignment occurs,PSTI shall not have any obligation to perform
any work outside of the scope of this Agreement and shall have no responsibility to migrate any data from the acquiring
or merging entity.Any work performed by PSTI to effectuate such assignment shall be compensated at PSTI's current
standard hourly rate or an amount otherwise agreed upon by the parties.
12.4 Force Majeure.Neither party will be liable hereunder by reason of any failure or delay in the performance
of its obligations hereunder as a result of any event which is beyond the reasonable control of such party("Force
Majeure Event") provided that the delayed party: (a) gives the other party prompt notice of such Force Majeure
Event,and(b)uses its reasonable commercial efforts to promptly correct such failure or delay in performance.If PSTI
• is unable to provide Services for a period of 60 consecutive calendar days as a result of a continuing Force Majeure
Event, Client may cancel the Services without further obligation,penalty, or late fee.Payment obligations may be
delayed but not excused due to a Force Majeure Event.
12.5 Notices.To be effective,notices under this Agreement must be delivered in writing by a reliable overnight
courier(e.g.,FedEx or UPS,etc.),confirmed e-mail,or certified or registered mail(postage prepaid and return receipt
requested)to the other party,using the contact information for each party first set forth on the signature page and will
be effective upon receipt.Unconfirmed e-mail may be used for routine communications and to obtain operational
approvals and consents but may not be used for any legal notices.
12.6 Governing Law;Disputes;Venue.
(a) The laws of the State of Texas govern this Agreement and any matters related to this Agreement,
without regard to any conflicts of laws principles that would require the application of the laws of a different
jurisdiction.
(b) Except as otherwise provided herein,all controversies or claims arising out of or relating to this
Agreement and/or the relationship between the Parties,shall be resolved by the federal and/or state courts of Brazos
County, Texas.For the purposes hereof,Client and PSTI hereby submit to the jurisdiction of the federal and state
courts of Brazos County, Texas and notice of demand, process and/or summons in connection with judicial
proceedings,may be served upon Client or PSTI by registered or certified mail with the same effect as if personally
served.Notwithstanding the foregoing,PSTI and Client shall have the right to file legal action in any court of law
having jurisdiction,state or federal,to obtain injunctive relief in appropriate cases. Client and PSTI agree to waive
any requirement that the other post bond as a condition for obtaining any such injunctive relief.Client and PSTI shall
be entitled to recover from the other in any such court or other legal proceedings,in addition to such other relief as
may be granted, reasonable attorneys' fees and costs incurred in such proceedings and in enforcing the rights and
obligations arising from or relating to this Agreement.
12.7 Remedies.Except as otherwise expressly provided in this Agreement,the parties'rights and remedies under
this Agreement are cumulative.Each party acknowledges that any actual or threatened breach of Sections 3.2 or 7 will
constitute immediate, irreparable harm to the non-breaching party for which monetary damages would be an
inadequate remedy,that injunctive relief is an appropriate remedy for such breach,and that if granted,the breaching
party agrees to waive any bond that would otherwise be required.If any legal action is brought by a party to enforce
this Agreement,the prevailing party will be entitled to receive its attorneys'fees,court costs,and other legal expenses,
in addition to any other relief it may receive from the non-prevailing party.
12.8 Compliance with Laws.Each party shall comply with all laws,rules, and regulations, applicable to that
party in connection with this Agreement.
12.9 Waivers.To be effective,any waivers must be in writing and signed by the party to be charged.Any waiver
or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other
provision or of such provision on any other occasion.
12.10 Severability.If any provision of this Agreement is unenforceable,the other provisions of this Agreement
will be unimpaired,and the unenforceable provision will be deemed modified so that it is enforceable to the maximum
7
extent permitted by law (unless such modification is not permitted by law, in which case such provision will be
disregarded).
12.11 Counterparts. This Agreement may be executed in counterparts, each of which will be considered an
original,but all of which together will constitute the same instrument.
12.12 Insurance. PSTI warrants that it has Cyber Liability Insurance with limits of not less than$1,000,000 per
occurrence or claim,,$2,000,000 aggregate and will maintain such insurance during the Terms)of this Agreement.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by PSTI in this
Agreement and shall include,but not limited to,claims involving infringement of intellectual property,including but
not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations,information theft,
damage to or destruction of electronic information,release of private information,alteration of electronic information,
extortion and network security.The policy shall provide coverage for breach response costs as well as regulatory fines
and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
12.13 Entire Agreement.This Agreement,including any Order and any exhibits or attachments thereto,constitute
the final and entire agreement between the parties regarding the subject hereof and supersedes all other agreements,
whether written or oral,between the parties concerning such subject matter.No terms and conditions proposed by
either party shall be binding on the other party unless accepted in writing by both parties,and each party hereby objects
to and rejects all terms and conditions not so accepted.To the extent of any conflict between the provisions of this
Agreement and the provisions of any Order,the provisions of the Agreement shall govern unless the Order specifically
overrides this Agreement.No amendment to this Agreement will be effective unless in writing and signed by both
parties.
The parties by their authoriz•. -.resentatives have agreed to this LegalServer Subscription Services Agreement as
of the Effective Date.
BRAZO"CO P IC DE PAL I! . S OFFICE P.S.TECHNOLOGIES,INC.
Signature: 1 — Signature:
Printed:The Honorable Duane Peters Printed:IV Ashton
Title: a s- q (\.a� Title:President
• Date: 3I c - a-174 Date: December 17, 2024
Address for Notice: Address for Notice:
The Honorable Duane Peters N Ashton
200 S Texas Avenue,Suite 126 President&Legal Counsel
Bryan,Texas 77803 PO Box 221154
(979)361-4581 Chicago,IL 60622
• (773)782-1021 (direct)
(773)459-5582(mobile)
(312)264-2365(fax) •
ivashton a,lesalserver.org
cc:lega101egalserver.org
8
S., LegalServer
CASE MANAGEMENT SERVICES ORDER FORM
This Order No. 25-1 ("Order") is dated as of the date of the last signature below ("Order Effective Date") and agreed to by
P.S.Technologies,Inc.("PSTI")and the Client identified below(``Client").This Order identifies the Services ordered by Client to be
performed and provided by PSTI pursuant to the Agreement
Contact and Billing Details - • •
Brazos County Public Defender's Office P.S.Technologies,Inc.,doing business as LegalServer
Client Address 200 S Texas Avenue,Suite 126 pSTI Address PO Box 221154
Bryan,Texas 77803 Chicago,IL 60622
Bill-to-Name Natalie Hays PSTI Contact IV Ashton
NKHaysna,brazoscountvtx.aov
Bill-to-Email (Payments will be executed through PSTI Email billing(aileealserver.ore
SHI)
Bill-to-Phone (979)361-4581 PSTI Phone (773)782-1021
Onboarding Services LegalServer Subscription • .
•
Onboarding Start Date January 6,2025 Subscription January 6,2025
Effective Date
Onboarding End Date June 30,2025 Subscription September 30,2025
(GoLive) End Date
• • Billing Period Annual
• • • ' Auto-renew Yes
Order Term.The initial term of this Order shall begin on the Order Effective Date and continue until the Subscription End Date set
forth above("Initial Term").This Order shall automatically renew for additional one-year terms(except as otherwise set forth above)
("Renewal Term")unless a party provides the other party with written notice of non-renewal at least 30 days before the end of the
Initial Term or applicable Renewal Term.The Initial Term and the Renewal Terms are collectively referred to as the"Order Term."
Onboarding Services Order:
Name Amount Notes '
Onboarding
Data Migration Up to 100 fields from Clio
Microsoft Single Sign-On
LegalServer Subscription Includes:
•Up to forty(40)Active Users
•AWS GovCloud
•SSO Monthly Fee
•Up to one(1)Terabyte of storage
Services outlined in the above Order are scheduled to begin on the Onboarding Start Date and shall end no later than the Onboarding
End Date unless the Parties otherwise agree in writing through an Amendment to this Order. Client has the option to purchase additional
Services by submitting a subsequent Order for additional Services. If no "Onboarding Start Date" is set forth in this Order, the
Onboarding Start Date will be the Order Effective Date.
All training hours promised in this Order must be completed within 90 days ofthe provision of a live site and/or the release or enablement
of promised feature(s)on a live site.Any training hours that remain after this date will be forfeit.
LegalServer Subscription Fee Cap. LegalServer Subscription Fees automatically increase three percent(3%)per year at the end of
each calendar year.If the total number of Active Users becomes greater than forty(40)in a given month,the LegalServer Subscription
Fees will increase. "Active User"includes all User accounts with active login credentials to the System at any time in the billing period,
excluding individuals that do not receive a paycheck from the Client such as volunteers or interns."Active Contractor User"includes
Contractors that have limited access to LegalServer. •
Integration.This Order is incorporated into the LegalServer Subscription Services Agreement(collectively,the"Agreement").Any
different or additional terms and conditions set forth in any purchase order,confirmation,statement of work,order form,or similar form,
even if signed by the parties after the effective date of this Agreement,are rejected and shall have no force or effect on this Agreement
unless it is an amendment or addendum to the Agreement signed by authorized representatives of both parties.All capitalized terms
used and not expressly defined in this Order will have the meanings given to them in.the Agreement.
The parties by their authorize e resentatives have agreed to this Order as of the Order Effective Date.
BRAZOS CO PUB C DEFEND S OFFICE P.S.TECHNOLOGIES,INC.
Signature: Signature: cfr 4 -frt.
Printed:The Honorable Duane Peters Printed:IV Ashton
Title: Q-p LI..h.\- -. V 4. *Q---- Title:President
Date: �e,`�ary b-e) / 2....k. a* Date: December 5,2024
Address for Notice: Address for Notice:
The Honorable Duane Peters IV Ashton'
200 S Texas Avenue,Suite 126 President&Legal Counsel
Bryan,Texas 77803 PO Box 221154
(979)361-4581 Chicago,IL 60622
(773)782-1021 (direct)
(773)459-5582(mobile)
(312)264-2365(fax)
ivashton(a,legalserver.org
cc:legal a,legalserver.org
DeLLTechnologies
APEX Subscriptions Agreement—U.S.Public(SLED)
Last Updated:May 6,2024
This Dell APEX Subscriptions Agreement—U.S.Public(SLED)("Agreement")applies to the Dell Technologies Subscription
for flexible consumption ordered by Customer named below from the Dell Technologies entities named below("Dell").This
Agreement Includes and incorporates by references each Order (as defined below). References herein to Agreement
include the Dell APEX Subscriptions Agreement and each Order.The Effective Date of the Agreement is the earlier of(i)
the latest date of signature below or(ii)the date You first use the Subscription.Capitalized terms used in this Agreement
are defined below in Section 11 (Definition's).
"Dell" "Customer","You"
EMC Corporation
176 South Street
Hopkinton, Massachusetts 01748 County of Brazos
Or 300 E 26 Street,Ste1430
Dell Marketing L.P. Bryan,TX 77803
One Dell Way
Round Rock,Texas 78682
Email for Legal Notices:Dell_Legal_Notices@Dell.com
All Invoices will be issued by Dell Marketing, L.P. Email for Legal Notices:
Prime Contract Number: OMNIA-National Cooperative
Purchasing Alliance(NCPA)Contract#01-143
1. Orders and Payment. •
1.1 Orders. The description of the Products,Services,additional terms and related pricing are as stated in the applicable
APEX Subscriptions Order(Direct) ("Order").
•
1.2 Ordering. You indicate acceptance of an Order by signing it, and issuing a purchase order to Dell that references
the Order(unless Dell grants an exception to this purchase order requirement).Deli accepts an Order by(I)counter-
signing the Order;and(II)shipping the Products to Customer.
1.3 Payment.
A. Rates. You must pay all fees for use of the Subscription including fees for usage and other offerings according to the
rates,currency and pricing stated in the applicable Order. In no event will the Fee for any Billing Period be less than the
Monthly Commitment,and You are responsible to pay Dell the fees for the Monthly Commitment even if actual usage
is less than the Monthly Commitment.
B. Invoicing. If Dell is obligated by applicable law to collect and remit any taxes or fees,then Dell will add the appropriate
amount to Your invoices as a separate line item in accordance with statutory requirements. Dell may invoice parts of
an Order separately or together in one invoice. All invoice terms will be deemed accurate unless You advise Dell in
writing of a material error within 10 days following receipt. If You advise Dell of a material error, (a) any amounts
corrected by Dell in writing must be paid within 14 days of correction,and(b)all other amounts must be paid by the due
date.If You withhold payment because You believe an invoiced amount Is incorrect,and Dell concludes that the amount
is accurate it is due immediately,You may not offset, defer or deduct any invoiced amounts that Dell determines are
correct following the notification process stated above.
APEX Subscriptions Agreement—U.S.Public(SLED)06MAY2024
Page 1 of 10
DeeitiTechnologies
C. Payment Terms. You must pay Dell's invoices in full within thirty (30)days after the date of Dell's invoice Dell may •
invoice You for Fees even if a corresponding purchase order was not received from You. Notwithstanding anything in
the Agreement,Your obligation to pay the Fees for the Subscription Term is non-cancellable. In case of Your default in
payment, Dell is,until arrangements as to payment or credit have been established, entitled to: (i)cancel or suspend
its performance of such Order and/or(ii)withhold performance under this Agreement.Termination or expiration of this
Agreement does not affect Your obligation to pay all amounts due hereunder.
D. Taxes.The charges due hereunder are exclusive of, and You must pay or reimburse Dell for all value added (VAT),
sales, use, excise, withholding, personal property, goods and services and other similar taxes, governmental fees,
levies,customs and duties resulting from Your purchase,except for taxes based on Dell's net income,gross revenue,
or employment obligations.If You qualify for a tax exemption,You must provide Dell with a valid certificate of exemption
or other appropriate proof of exemption.If You are required to withhold taxes,then You will within 60 days of remittance
to the applicable tax authority provide Dell with satisfactory evidence (e.g., official withholding tax receipts) that You
have accounted to the relevant authority for the sum withheld or deducted,otherwise Dell will charge You for the amount
that You have deducted for the transaction.
1.4 Purchase Orders. Unless Dell has granted an exception to the purchase order requirement, Your initial purchase
order must specify an amount that is at least equal to the fee for the Monthly Commitment multiplied by the number
of months in the Subscription Term. If Dell reasonably determines that the amount of Your original purchase order
will not cover the actual Fee due to Reserve Usage, then Dell will notify and discuss the situation with You. Upon
agreement on the additional funds,You will promptly issue a related purchase order for that additional amount.The
parties agree the terms and conditions of each Order are Confidential Information.
2. Delivery,Site,Use,Risk,and Return.
2.1 Delivery; Site. Dell will ship the Products to the Site stated in the Order. Before arrival of the Products and during
the Subscription Term, You must have arranged: (i) appropriate space at the Site; (ii)the necessary environment
(power,cooling,etc.)required to support and operate the Products;and(iii)servers and network connectivity required
to support Products.The Products may not be moved from the Site without Dell's prior written consent.You grant or
will obtain the right for Dell's reasonable access to the Site for purposes of:(I)providing Services;(ii) metering; (iii)
inspecting the Products; (iv) performing Asset Recovery; and (v) exercising Dell's other rights set forth in this
Agreement. In case the Equipment is installed at a Colocation Site,You guarantee that Dell has the right to exercise
its rights concerning the Products stated above. To the extent permitted by State Law, You agree to hold Dell
harmless from and against any and all disputes, claims or controversies (whether in contract, tort (including
negligence)or otherwise)resulting from You locating the Products at a Colocation Site. Where software is provided
In a form that is embedded on the Equipment, Dell will enable any required license keys by electronic means. The
inspection and acceptance clause of the Prime Contract does not apply to any Orders under this Agreement.
2.2 Title to Products. Dell retains title to Products at all times notwithstanding the manner in which such may be attached
or affixed to realty.
2.3 Risk of Loss. You are responsible for risk of loss, theft, damage or destruction of the Product(s)from the date of
delivery until Asset Recovery. if any such loss occurs during the Subscription Term,You must promptly notify Dell
and continue to pay all Fees until the impacted Products are repaired or replaced at Your expense. Until such time
as the Products are repaired or replaced, Dell is relieved of its obligations to the extent such events impact Dell's
ability to perform.
2.4 Use. You may use the Products at the Site only during the Subscription Term for your internal business operations.
Your rights to use the Products provided by Dell during the Subscription Term are governed by the terms of this
Agreement, the applicable Offering Specific Terms, and, for Software,the terms of the applicable end-user license
agreement. Unless different terms have been agreed between the parties,the terms posted on www.dell.com/eula
("SULK)for the relevant Software product family and effective as of the date of the applicable Order apply.You agree
that use of the Products will not violate any applicable law,including but not limited to:violation of the rights of others,
violation of laws concerning child pornography or laws concerning illegal gambling.You will not use the Products to
stalk, harass or harm anyone, Including minors, or be abusive, deceptive, pornographic, obscene, defamatory,
slanderous,offensive,advocate violence or encourage illegal activity.
APEX Subscriptions Agreement—U.S.Public(SLED)06MAY2024
Page 2 of 10
L.L.Technologies •
2.5 Third Party Products. Third Party Products offered to You under an Order are subject to the standard terms,license,
services, warranty, indemnity and support terms of the third-party manufacturer/supplier (or applicable direct
agreement between You and such manufacturer/supplier). You agree to such terms and You will contact such third
party directly for support or other offerings-related Issues. In return, any warranty, damages or indemnity claims
against Dell in relation to Third Party Products are excluded. Dell makes no express warranties or conditions,
and disclaims all implied warranties,including merchantability,fitness for a particular purpose,title and non-
infringement as well as any warranty arising by statute, operation of law, course of dealing or performance
or usage of trade even if support and licensing fees are invoiced through Dell. The licensing terms for some
Third Party Products can be found in the Offering Specific Terms. Unless otherwise provided in your license
agreement with the third-party manufacturer/supplier,You acknowledge that your right to use the Third Party Products
is limited to the Subscription Term and any agreed upon extension thereto in accordance with this Agreement.
2.6 Services. Scope and the details of Services and Product-specific terms are specified in the applicable standard
service description that is referred in the Order and made available through the Offering Specific Terms. Such
standard descriptions are from time to time referred to as "Service Description(s)", "Product Notices" or"Service
Briefs."The version of the applicable document that is effective as of the date of the applicable Order, is deemed
incorporated into this Agreement.Scope and details of customized Professional Services,if any,not covered by such
a standard description will be documented in a mutually agreed Statement of Work("SOW").You agree that failure
to comply with this Agreement, Including the applicable standard service description and the End User Operating
Environment Warranty, may limit Dell's ability to provide Services. In such case, proactive support capabilities,
response times or other service levels may no longer apply,and Dell may make the continuation of Services and/or
the Subscription dependent on an adjustment of fees and reasonable charges for any recertification necessary for
continued support.
2.7 Ownership and Removal of Customer Content. You agree that(i)Customer Content remains Your responsibility;
and(ii)Dell does not handle,process or direct the use of Customer Content.Customer is responsible for the security
of its environment and all Customer Data.
2.8 Return of Products;Data Migration. No later than seven(7)days after the end of the Subscription Term,You must:
(i)migrate and erase(by method that does not cause damage to the Products)Customer Content from the Products
and (ii) make the Products available to Dell for Asset Recovery. Unless Dell has agreed in writing to perform data
migration, Dell is not responsible for removing Customer Content from the Products. If You have not deleted
Customer Content from the Products, it may be deleted by Dell. At no time,will Dell be responsible for, or bear any
liability for any Customer Content that Is not erased or removed from the Products before Asset Recovery. To the
extent permitted by State Law,You will indemnify and defend Dell for any claims relating to any Customer Content.
The parties will mutually agree on a time for Asset Recovery, but in no case will Asset Recovery occur later than
seven (7)days after the end of the Subscription Term unless another date has been agreed in writing by Dell.You
will continue to pay Fees until You have removed the Customer Content and Asset Recovery occurs.
.2.9 Increasing Monthly Commitment!Subscription Term. During the Subscription Term,You may request to increase
(i)the Monthly Commitment; or(ii) both the duration of the Subscription Term and the Monthly Commitment at the
applicable Monthly Unit Rates stated in the Order by entering into an Order amendment.If the parties have mutually
agreed on the increase, Dell will send You an Order amendment for execution. Once signed by You and Dell, Dell
will invoice You based on the new pricing in the Order amendment.When extending the duration of the Subscription
Term, the revised duration continues to be measured from the original starting date of the Subscription Term. For
example, if the duration of Subscription Term was twenty-four(24)months and the Order amendment adds six(6)
months,then the new Subscription Term is a total of thirty(30)months,beginning with the original Subscription Term.
The revised Monthly Unit Rate commences on the first day of the first month following the month in which the Order
amendment becomes effective.
2.10 Month to Month Extensions.Prior to the expiration of the applicable Subscription Term,You must notify Dell if You
no longer wish to use the Products. Dell will continue to charge You and You must pay applicable Fees to Dell on a
month-to-month basis until You have removed Customer Content, made the Products available to Dell for Asset
Recovery,and Asset Recovery occurs.
3. Metering.
APEX Subscriptions Agreement U.S.Public(SLED)06MAY2024
Page 3 of 10
DeLLTechnoiogies
3.1 Authorization to Meter;Subscription Usage.
During the Subscription Term,Dell meters usage and collects telemetry data relating to the Products as further provided
in the Dell Telemetry Data Provision. Dell is authorized to meter and/or audit the usage to calculate the associated fees
via electronic means in accordance with the Dell Telemetry Data Provision and through on-site inspection by Dell
personnel. Dell agrees to cooperate with You to minimize the impact of any Dell on-site inspection on Your operations.
You agree that:
A. Dell may store Measuring Equipment at the Site and to load Measuring Equipment onto Products;
B. Dell may have reasonable access to the Measuring Equipment at the Site;
C. You will provide and maintain equipment(a physical server or virtual machine)necessary to run storage metadata
telemetry collection software and enable electronic communications between the Products and Dell;
D. You will not disable, interfere in the operation of the Measuring Equipment, or copy or make any use of the
Measuring Equipment whatsoever;
E. You will protect the Measuring Equipment from disclosure to a third-party;and
F. You must promptly install and make available for use all Products contained in each Order including all components
that Dell ships to Your Site(e.g.,hard drives,etc.).
3.2 Interruption of Metering Capabilities.
If,for more than seven (7)days of any calendar month, Dell is unable to meter usage due to: (i)any action by anyone
other than Dell,or(ii)a failure of any communications equipment used for facilitating metering,then Your usage will be
deemed to be equal to the usage during the previous Billing Period,and You must pay Fees for such deemed usage.If
Dell is unable to meter for a period of more than thirty(30) days due to (I)or(ii) or You otherwise fail to comply with
Clause 3.1 (Authorization to Meter,Subscription Usage)of this Agreement,Your usage will be deemed to be equal to
the maximum capacity of the Products and You must pay Fees for such deemed usage.if Dell is unable to meter usage
due to any failure which is caused by Dell (e.g.,failure of the Measuring Equipment),Your usage will be deemed to be
equal to the previous Billing Period and You must pay Fees for such deemed usage.Dell will promptly notify You of an
inability to access the Products(electronically or physically,as applicable)and work cooperatively to reestablish access.
4. Warranty.
•
4.1 Warranty and Remedy.During the initial Subscription Term,Dell will exercise reasonable care to maintain a Product's
ability to perform substantially in accordance with the corresponding standard documentation Issued by Dell for the
applicable Product under normal usage and with regular recommended service and provide Services in a workmanlike
manner.You will promptly provide Dell with written notice of any failure to conform with the foregoing warranty but
within ten days after the date on which such failure first occurs for Services, Dell's entire liability and Your exclusive
remedies for any failure to comply with this warranty are as follows: Dell will make reasonable efforts to correct the
non-conformance within a reasonable period of time, not to exceed 30 days from receipt of Your notice (the"Cure
Period");and(a)if Dell is unable to correct the non-conformance during the Cure Period for reasons for which Dell is
responsible,then Dell will replace the non-conforming Product or reperform the applicable Services;or(b)if Deli,at
its sole discretion,determines such is not reasonably possible,then You or Dell may terminate the applicable Order
and You may seek from Dell a refund of any fees You prepaid to Dell for the Subscription that will not be provided as
a result of the termination.
4.2 Limitations.The warranties set forth in this clause do not cover problems that arise from: (i)accident or neglect by
You or any third party; (ii)any third party items or services with which the Product is used or other causes beyond
Dell's control; (iii) installation, operation or use not in accordance with Dell's instructions and the applicable
documentation; (iv)use in an environment,in a manner or for a purpose for which the Product was not designed; (v)
modification,alteration or repair by anyone other than Dell personnel or(vi)causes attributable to normal wear and
tear(e.g., cosmetic damage that doesn't affect the Product's functionality). Dell has no obligation for: (1)Software
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installed or used beyond the licensed use, or(2) Product whose original identification marks have been altered or
removed. Products and Services are not fault-tolerant and are not designed or intended for use in hazardous
environments requiring fail-safe performance,such as any application in which the failure of the Products or Services
could lead to death, bodily Injury, or physical or property damage(collectively,"High-Risk Activities"). You agree
that You are not relying on delivery of future functionality,public comments or advertising by Dell,or product roadmaps
when purchasing a Subscription.
4.3 Warranty Disclaimer.Other than the warranties set forth in this clause,and to the maximum extent permitted
by applicable law, Dell and Dell's Affiliates: (i) make no other express warranties; (ii) disclaim all implied
warranties, including merchantability, fitness for a particular purpose, title and non-infringement; and (iii)
disclaim any warranty arising by statute, operation of law, course of dealing or performance, or usage of
trade.Dell expressly disclaims any express or implied warranty of fitness for High-Risk Activities.Dell is not
liable for delays, interruptions, service failures or other problems inherent in use of Internet and electronic
communications or for issues related to Colocation Sites.
4.4 End User's Operating Environment Warranty.You agree to operate the Products: (i)with reasonable care, (ii)in
accordance with the documentation and configuration provided by Dell,and(iii)in accordance with industry standards
(including but not limited to maintaining a regular data back-up system for Customer Content). You agree to keep the
Products located at the Site free and clear from any liens or encumbrances.You must give immediate written notice
of any attachment or judicial process affecting the Products or Dell's ownership.
5. Term and Termination.
5.1 Agreement Term and Termination. This Agreement commences on the Effective Date and continues until the earlier
of the end of the Prime Contract or is terminated pursuant to this Section. A party may terminate this Agreement for
convenience by sending written notice of termination to the other party. Such termination becomes effective forty-
five (45)days after receipt of the notice. Such termination does not terminate any Order already in effect and does
not impact any renewal provisions of such Orders.Any provision that by its nature or context is intended to survive
any termination or expiration, including but not limited to provisions relating to confidentiality, payment and liability,
survives.
5.2 Events of Default. The occurrence of any of the following constitute an"Event of Default":(i)Your failure to pay the
fee when due under the Order; (ii) Your failure to perform any provision, covenant, condition contained in this
Agreement,which failure continues for 30 days from Dell's notice thereof; or(iii)Your Bankruptcy.
5.3 Remedies.If an Event of Default occurs,Dell may exercise any one or more of the following remedies:(I)immediately
terminate any or all Orders;(ii)by notice in writing to You,declare immediately due and payable,and You are obliged
to immediately pay(1)all outstanding unpaid Fees owed for all.Orders plus,(2)as a mutually agreed pre-estimate of
damages and not a penalty,all remaining Monthly Commitment fees payable under any Orders for the remainder of
the Subscription Term (notwithstanding any early termination)for all then current Orders; and (iii)require Customer
to make Products available for Asset Recovery at the Site as provided in Clause 2.8 (Return of Products; Data
Migration) of this Agreement. The parties will reasonably cooperate for Dell to recover the Products. You are
responsible for the payment of the actual documented costs and reasonable attorney's fees Incurred by Dell in
retaking possession of the Products and/or seeking to recover amounts due.
5.4 Appropriation of Funds. Customer may terminate an Order in whole,but not in part by giving at least sixty(60)days
notice prior to the end of the then current Fiscal Period (as defined in the Customer's Secretary/Clerk's Certificate or
other such documentation as reasonably requested by and provided to Dell)certifying that:(1)sufficient funds were
not appropriated and budgeted by Customer's governing body or will not otherwise be available to continue the Order
beyond the current Fiscal Period;and(2)that Customer has exhausted all funds legally available for payment of the
Order beyond the current Fiscal Period. Notwithstanding the foregoing, Customer agrees that, without creating a
pledge, lien or encumbrance upon funds available to Customer in other than its current Fiscal,Period, it will use Its
best efforts to take all action necessary to avoid termination of an Order,including making budget requests for each
Fiscal Period during each applicable Subscription Term for adequate funds to meet its obligations hereunder and to
continue the Order in force. Upon termination of an Order, Customer must make the Products available for Asset.
Recovery at the Site as provided in Clause 2.8(Return of Products;Data Migration).
•
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. 5.5 Essential Usellntent.Customer agrees that early termination of an Order is highly unlikely because the acquisition,
quantity and use of APEX Subscriptions are deemed to be essential to Customer's operations. Customer agrees that
it will take ail reasonable affirmative steps to ensure options are timely exercised under the Prime Contract so that all
payments during Order and the Subscription Term are made.
6. Indemnity.
6.1 Indemnification by Dell.Dell will: (i)defend You against any third party claim that Products or Support Services(but
excluding Third Party Products, any Product provided for evaluation or without charge, and open source software)
infringe that party's patent,copyright,or trade secret enforceable in the country where You purchased the Subscription
from Dell ("Claim"); and (ii) indemnify You by paying: (a)the,resulting costs and damages finally awarded against
You by a court of competent jurisdiction to the extent that such are the result of the third party Claim;or (b) the
amounts stated in a written settlement negotiated and approved by Dell. In addition,should any Product or Support
Service become,or in Dell's opinion be likely to become,the subject of such a Claim,Dell may, at its expense and in
its discretion: (1) obtain a right for You to continue using the affected Product or Support Service; (2) modify the
affected Product or Support Service to make them non-infringing;(3)replace the affected Product or Support Service
with non-infringing substitutes; (4) notify You to return the Product and discontinue Support Services, and, upon
receipt of the Products,refund the remaining portion,of any,of any prepaid Fees. Except as otherwise provided by
law, this Clause 6.1 (Indemnification by Dell)states Your exclusive remedies for any third party intellectual property
claim relating to the Products or Support Services, and nothing in this Agreement or elsewhere will obligate Dell to
provide any greater indemnity. Provided, however,that nothing herein shall constitute a waiver of the County's right
to assert sovereign immunity
6.2 Limitations:Dell has no obligation under Clause 6.1 (Indemnification by Dell)above:(1)If You are in material breach
of this Agreement or the Order;or(ii)for any Claim resulting or arising from:(a)any combination,operation or use of
a Product or Support Service with any other products,services, Items,or technology, including Third Party Products
and open source software; (b) use for a purpose or in a manner for which the Product or Support Service was not
designed,or use after Dell notifies You to cease such use due to a possible or pending Claim;(c)any modification to
the Product made or Support Service performed by any person other than Dell or Its authorized representatives; (d)
any modification made to the Product or Support Service performed by Dell pursuant to instructions, designs,
specifications or any other information provided to Dell by You or on Your behalf;(e)use of any version of a Product
when an upgrade or newer iteration of the Product or Support Service made available by Dell would have avoided
the infringement; (f) services provided by You (including Claims seeking damages based on any revenue or value
You derive from Your services); or(g) any data or information that You or a third party records on or utilizes in
connection with the Product or Support Service including Customer Content.
6.3 Mutual Indemnity.To the extent permitted by State Law,each party will defend and indemnify the other party against
any third party claim or action for personal bodily injury, including death, to the extent directly caused by the
indemnifying party's gross negligence or willful misconduct in the course of performing its obligations under this
Agreement. "Claim"includes a third party claim under this Clause 6.3(Mutual Indemnity).
6A Indemnification Process. Dell's duty to defend and indemnify under this Agreement Is contingent upon You:(I)sending
prompt written notice of the Claim to Dell and taking reasonable steps to mitigate damages;(ii)granting to Dell the sole
right to control the defense and resolution of the Claim; and (iii)cooperating with Dell in the defense and resolution of
the Claim and in mitigating any damages.
7. Limitation of Liability.
7.1 Limitations on Damages.Your,and Dell's(including Dell's suppliers and Affiliates)maximum liability for all disputes
arising under the Agreement("Disputes") is limited, to the extent permitted by law, to the greater of: (a)$100,000
USD(or the equivalent in local currency);or(b)the amount You paid to Dell for the Subscription during the 12 months
immediately before the events giving rise to any dispute. This limitation applies even if any limited remedy in the
Agreement is found to have failed in,its essential purpose. In addition, neither You nor Dell(including Dell's suppliers
and Affiliates) are liable to the other for any special, consequential, exemplary, punitive, incidental, or indirect
damages, or for lost profits, loss of revenue, loss or corruption of data, loss of use, or procurement of substitute
products or services, even if the party alleged to be liable has knowledge of the possibility of such damages. The
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•
•
DOLLTechnologies
foregoing limitations and exclusions do not apply to:(i)Your obligation to pay for the Subscription,(ii)Your obligation
to pay for damage to or loss of the Products, (iii)Your violation of the restrictions on use of the Products, (iv)Your
violation or misappropriation of the Dell's intellectual property rights, (v) a party's indemnity obligation stated in this
Agreement; or(vf)where prohibited by applicable law. Dell, Dell's suppliers and Dell's Affiliates have no liability for
any damages resulting from Your use or attempted use of Third Party Products, or Free Software or Development
Tools(both as defined in the EU LA).
7.2 Prevention and Mitigation.You are solely responsible for Customer Content and for maintaining an iT architecture,
as well as processes,enabling You to prevent and mitigate damages in line with the criticality of the Customer Content
for Your business and its data protection requirements,including a business recovery plan.You will:(a)provide for a
backup process in accordance with industry standards including but not limited to backup relevant data before Dell
performs any remedial, upgrade or other works on the Products or Your IT systems; (b)monitor the availability and
performance of Your IT environment,including the Products;and(c)promptly react to messages and alerts received
from Dell or through notification features of the Products and immediately report any issue You identify to Dell.To the
extent that Dell has any liability for loss of Customer Content made available by applicable law,Dell will only be liable
for the cost of commercially reasonable and customary efforts to recover the lost Customer Content from Your last
available backup.
8. Trade Compliance. You are subject to and responsible for compliance with the export control and economic sanctions
laws of the United States,the European Union and other applicable jurisdictions(collectively,"Applicable Trade Laws").
The Subscription and any other products or services are for Your authorized use under this Agreement, and may not
be used, sold,leased, exported, imported, re-exported, or transferred except in compliance with the Applicable Trade
laws.You represent and warrant that You are not the subject or target of,or located in a country or territory that is the
subject or target of economic sanctions under the Applicable Trade Laws. Customer will defend and indemnify Dell
against any third party claim resulting from a breach of any of the foregoing. For further information about geographical
restrictions and compliance with Applicable Trade Laws,visit Dell Trade Compliance.
•
9. Confidentiality.
9.1 Scope."Confidential Information" means any information, pricing, technical data or know-how furnished in
connection with the scope of this Agreement,whether in written,oral, electronic,website-based,or other form, by a
You or Your Affiliate to Dell or a Dell Affiliate or vice versa and that: (i) is marked, accompanied or supported by
documents clearly and conspicuously designating such documents as"confidential","internal use"or the equivalent;
(ii)is identified by the discloser as confidential before,during or promptly after the presentation or communication;or
(iii) should reasonably be known by the recipient to be confidential. Confidential Information does not include
information that is: (a)rightfully in the receiving party's possession without prior obligation of confidentiality from the
disclosing party;(b)a matter of public knowledge(or becomes a matter of public knowledge other than through breach
of confidentiality by the other party); (c) rightfully furnished to the receiver by a third party without confidentiality
restriction; or (d) independently developed by the receiver or its Affiliates without reference to the discloser's
Confidential Information.
9.2 Protection.Each party will ensure that, where it or one of its Affiliates is the receiver of Confidential Information
hereunder,the receiver will(a)use Confidential Information of the discloser only for the purposes of exercising rights
or performing obligations in connection with this Agreement or any Order hereunder;and(b)protect from disclosure
to any third parties any Confidential Information disclosed by the discloser, both for a period commencing upon the
date of disclosure until 3 years thereafter. Subject to the terms of this Section 9,the foregoing obligations will never
expire in relation to technical information about a discloser's products and services or any information about possible
unreleased products or services,and survive any termination or expiration of this Agreement.
9.3 Exceptions. Notwithstanding the foregoing, either party and its Affiliates may disclose Confidential Information (1)
to an Affiliate,or to a subcontractor used by Dell to provide Services under this Agreement,as long as the Affiliate or
subcontractor has a need-to-know and complies with the foregoing;(2)to either party's directors,officers,employees,
and professional advisors and those of its Affiliates, and (3)if required by law or regulatory authorities provided the
receiver has given the discloser prompt notice.
10. General.
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D LLTechnologies •
10.1 Governing Law;Jurisdiction.The governing law and jurisdiction provisions set forth in the Prime Contract apply
(referred to herein as"State Law"). Otherwise the following applies:The Agreement and any Dispute are governed
by the laws of the State of Texas(excluding the conflicts of law rules)and the federal laws of the United States.The
U.N.Convention on Contracts for the International Sale of Goods does not apply.To the extent permitted by law,the
state and federal courts located In Texas will have exclusive jurisdiction for any Disputes. Customer and Supplier
agree to,submit to the personal jurisdiction of the state and federal courts Located within Travis or Williamson County,
Texas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by those courts and
to venue in those courts.
10.2 Notices. The parties will provide all notices under this Agreement in writing. Customer must provide notices to
Dell at the Dell address on the Order.
10.3 Assignment. The assignment or transfer,whether by operation of law or otherwise,of a party's right(s)or delegation
of obligation(s)under this Agreement,require the consent of the other party. Notwithstanding the foregoing,Dell may
use Dell Affiliates or other qualified subcontractors to perform its obligations hereunder, provided that Dell remains
responsible for the performance thereof, and either party may assign the rights to payment arising under an Order
without the consent of the other party.
10.4 Entire Agreement.This Agreement and each Order hereunder comprise the complete statement of the agreement
between You and Dell regarding the subject matter thereof and may be modified only by written agreement.
10.5 Force Majeure. Neither party is liable to the other for any delay or failure to perform any of its obligations (other
than for the payment of fees)caused by Force Majeure. if such delay or failure lasts longer than 30 days,then the
other party may immediately terminate,in whole or in part,the relevant Order by giving written notice to the delayed
party."Force Majeure"refers to circumstances beyond a party's reasonable control including,without limitation, act
of God, war, riot, civil commotion, terrorist acts, malicious damage, governmental or regulatory actions, accident,
breakdown of plant or machinery, local or national emergency, explosions,fire, natural disasters,severe weather or
other catastrophes,epidemics/pandemics,general import/export/customs process problems affecting supplies to Dell
or to You,shortages in materials, failure of a utility service or transport network, embargo, strike, lock out or other
industrial dispute(whether involving Dell's workforce or any other party),or default of suppliers or subcontractors due
to any of the preceding events.
10.6 Independent Contractors.The parties are Independent contractors for all purposes under this Agreement and
cannot obligate any other party without prior written approval.The parties do not intend anything in this Agreement to
allow any party to act as an agent or representative of a party,or the parties to act as joint venturers or partners for
any purpose.No party is responsible for the acts or omissions of any other.
10.7 Third Party Rights.There are no third party beneficiaries to this Agreement or any Order under any laws.
10.8 Waiver and Severability.Failure to enforce a provision of this Agreement will not constitute a waiver of that or any
other provision of this Agreement. If any part of this Agreement or an Order is held unenforceable, the validity of the
remaining provisions will not be affected.
10,9 Order of Precedence. In the event of a conflict between the provisions of the Prime Contract, this Agreement and
any Order, the order of precedence with respect to the term in conflict will be: (a) the terms of the Order, (b) this
Agreement;(c)the Prime Contract.
11.Definitions.
11.1 "Affiliate"or"Affiliates"means any other entity that controls,is owned by,controlled by or under common ownership
or control with You,and with respect to Dell,"Affiliate"means Dell Technologies Inc.and its wholly-owned subsidiaries.
"Control"means more than 50%0 of the voting power or ownership interests.
11.2"Asset Recovery"of a Product means Dell taking possession of the Product.
11.3"Bankruptcy"means bankruptcy, receivership, examinership, insolvency, reorganization, dissolution, liquidation, or
other similar proceedings or statutory process instituted by or against the applicable entity, or all or any part of its
APEX Subscriptions Agreement—U.S.Public(SLED)06MAY2024
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property under the applicable law where such entity is organized, and such entity consents thereto or fails to cause
the same to be discharged as per local legal requirements.
11.4`Billing Period"means the period of time identified in an Order for which Dell will invoice for the Subscription.
11.5"Colocation Site"means,where applicable,a third-party Site.
11.6"Customer Content" means data (including all text, sound, video, and image files), software (including machine
images), and other information You or Your end users store, use or make available to Dell through use of the
Subscription. Customer Content does not include System Data relating to Your use of the Products and which is
described in the Dell Telemetry Data Provision.
11.7"Fee"means the fees for the Monthly Commitment and the Reserve Usage.
11.8"Measuring Equipment"means the equipment,software and programming needed for Dell to track usage levels and
perform Support Services.
11.9"Monthly Commitment"means the minimum amount of usage You commit to paying for each month as specified in
an Order regardless of the actual usage.
11.10"Offering Specific Terms"means those terms available at www.dell.com/offeringspecificterms.
11.11 "Order"or"APEX Subscriptions Order(Direct)" means Your order to Dell for the Subscription that is confirmed
by Dell.
11.12"Prime Contract"means, if applicable,the contract, master agreement and/or any applicable purchase order,task
order or delivery order between Dell and the Customer.
11.13"Products" means (I) Dell-branded IT hardware products ("Equipment") or (ii) Dell-branded generally available
software,whether microcode,firmware,operating systems or applications("Software").Products exclude Services and
Third Party Products.
11.14"Professional Services"are consulting,implementation and any other services that are not Services.
11.15"Reserve Usage" means the amount of Your flexible consumption usage above the Monthly Commitment.
11.16"Services"are Dell's standard service offerings for maintenance and support of Products ("Support Services")and
deployment services("Deployment Services").
11.17"Site"means the location of the Product installation as identified on an Order.
11.18"Subscription" means the use of a Product on a flexible consumption basis as measured by the description and
metrics in Your Order and this Agreement.
11.19"Subscription Term"means the time period identified on an Order for use of the Products, and any Dell approved
extensions)thereto. The Subscription Term commences on the first day of the month following the date the Products
have been installed at the Site,or,if You delay the installation process or if Your Site is not prepared for the installation
of the Products,the first day of the second month following the Product's arrival at the Site.
11.20"Third Party Products"means hardware,software,products,or services that are not"Dell"or"Dell EMC"branded.
11.21
Insurance. Dell will maintain at its expense the following insurance during the term of this Agreement and any
Statement of Work:
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(i) Worker's Compensation Insurance,including occupational illness or disease coverage,and
Employer's Liability Insurance with a minimum limit of$1,000,000 per accident.
(ii) Commercial General Liability Insurance,including Products,Completed Operations,Personal Injury
Liability and Contractual Liability,covering bodily injury and property damage with a minimum combined
single limit of$1,000,000 per occurrence and$2,000,000 general aggregate.
(iii) Automobile Liability Insurance covering use of owned,non-owned,and hired automobiles with a
minimum combined single limit of$1,000,000 per accident for bodily injury and property damage.
(iv) Umbrella Liability Insurance with a minimum limit of$5,000,000 per occurrence and aggregate in
excess of the insurance under Dell's employer's liability,commercial general liability and automobile liability
insurance policies.
(v) Professional Liability/Errors and Omissions insurance,including Cyber Liability,with limits not less
than$5,000,000 per claim and aggregate.
Customer will be included as an additional insured on all coverage listed above with the exception of Workers'
Compensation and Professional Liability/Errors and Omissions policies as respects insurable liabilities
assumed by Dell under this Agreement. Upon Customer's request,Dell shall furnish certificates of insurance
evidencing such coverage.
Dell ustomer
Ksltiviite-CeWiad-
By:Katherine Castillo Mee 18,202415:34 EST) By.
Name(Print): Katherine Castillo Name(Print}:1c)t. a_cv e_ r �r5
Title:Paralegal Advisor Title:Cy n, .,�,�•
APEX Subscriptions Agreement—U.S.Public(SLED)06MAY2024 •
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DOLLTechnologies oR.de2. A-
APEX Subscriptions Order(Direct—U.S. Public)(SLED)
This Dell APEX Subscriptions Order(Direct—U.S.Public)(SLED)("Order")sets.forth the terms for a U.S.
Public Customer's purchase of APEX Subscriptions from Dell.
Order Effective Date: Contract Code:C000001019611
Order Number: 01-4761-00 Prime Contract:
OMNIA-National Cooperative Purchasing
Alliance(NCPA)
Dell Technologies entity("Deli"): Customer:
EMC Corporation COUNTY OF BRAZOS
176 SOUTH STREET 300 E.26th Street
HOPKINTON, MA 01748 Suite 1430
Bryan,TX
77803
Products and Billing Table
Products,Support Services Level and Identified on Attachment 1
Deployment Services:
Billing Period: Monthly in Arrears
Subscription Term:' 60 Months
Site: BRAZOS COUNTY
1835 SANDY POINT RD
BRYAN
Texas US
77807
Ship To Address(optional): BRAZOS COUNTY
INFORMATION TECHNOLOGY 205 EAST 27TH
ST
BRYAN
Texas US
77803
Storage Fee Table
Billing Metric Consumed Raw Storage
Monthly Unit Rate(charge per GiB per Month) USD 0.0098
Monthly Commitment(as a percentage of 70%
Metered Total Capacity)
Month{ Fee for Month{ Commitment USD 2,276.99
Purchase Order
Purchase Order Amount: USD 27,323.88(for year 1 only)
Customer agrees to provide additional purchase
orders eve .12 months of the Subscri•tion term.
Pricing Increases to Monthly Commitment/Subscription Term for the configuration in this Order
Ratecard (in USD/ GiB/month)
80% 0.0093
•
70% 0.0098
60 months
•
1 Except as outlined by the Governing Terms,the Subscription cannot be terminated before the end of the Subscription Term.Please
note that the Governing Terms have information on ending or extending the Subscription Term.
APEX Subscriptions Order(Direct—U.S.Public)(SLED)06MAY2024
CONFIDENTIAL
Page 1 of 3
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1.0 Calculating Fees
"Metered Total Capacity" means the reported capacity of the Products based upon Customer's
configuration in the applicable environment. Reports will reflect the Metered Total Capacity of Products as
reported by the Product and will scale the Monthly Commitment in line with the Monthly Commitment as a
Percentage of Metered Total Capacity.The Monthly Fee for Monthly Commitment,the Monthly Unit Rate,
and the Monthly Commitment as a Percentage of Metered Total Capacity remain fixed.
1.1 Storage.
Storage Billing. Metered Total Capacity, Monthly Commitment and Reserve Usage are measured by
either the amount of Consumed Usable Storage or Consumed Raw Storage.Both amounts include storage
by GiB written or reserved by the Product to provide storage to servers or used for maintaining replicas of
server storage.It does not include storage used for disk formatting or dedicated spare disks.It is measured
after the application of storage reduction techniques performed by the Products such as compression and
de-duplication.
Consumed Raw Storage includes storage used for Product overheads such as Protection/RAID and
(where appropriate)dynamic or virtual sparing.It means that storage consumed on the Product that cannot
be reused by other means is converted to a raw format by adding the parity and protection overheads.
Reserve Cap for Storage.Dell shall charge Customer the Monthly Unit Rate for the Reserve Usage up to
eighty-five(85%)percent of the total capacity.Reserve Usage between 85%and 100%of the total capacity
("Reserve Cap")will be charged only in cases of:(i)Interruption of monitoring when Customer is at fault,or
(ii)there is an Event of Default related to this Order,where in either case Dell may invoice for use up to
100%.
2.0 Governing Terms.This Order is subject to the(a)written agreement between Customer and Dell
that is specifically designated as governing the use of Products on a flexible consumption basis or,if there
is no such agreement, (b) the APEX Subscriptions Agreement — U.S. Public (SLED) available at
https://i.dell.com/sites/csdocuments/Legal Docs/en/us/apex-subscriptions-agreement-us-public.pdf.
3.0 Additional Terms.
For purposes of this Order,Dell shall bear the entire risk of loss,theft,damage or destruction with respect
to the Products until the time of arrival at the"ship to"address. Customer or Partner, as applicable, shall
bear such risk from such time until Product installation at the Site through Asset Recovery.
The Subscription Term shall commence on the first day of the month following the date the Products have
been installed at the Site, or, if Customer delays or fails to promptly install the Products or if Customer's
Site is not prepared for the Installation of the Products, the first day of the second month following the
shipment of the Product from Dell's manufacturing facility.
By signing this Order,the parties agree to be legally bound by this 0 and ke Govern' T rms.
Dell COUN F B OS •
By(Sign):ToddLrilh 202t1696= By(Sign):
Name(print): Todd Smith Name(print): v—a..
Title: Advisor,Contract Management Title: CN‘.0 iN C\_,G
APEX Subscriptions Order(Direct—U.S.Public)(SLED)06MAY2024
CONFIDENTIAL
Page 2 of 3
DeLLTechnologies
Attachment 9
Quote Number: 3000183846376
Products Quantity
PowerScale A300 6
PowerScale Chassis 2
Backend Network Switches 2
Isilon Accessories 1
Support ProSupport 4-Hour
Deploy ProDeploy Plus
APEX Subscriptions Order(Direct—U.S.Public)(SLED)06MAY2024
CONFIDENTIAL
Page 3 of 3
DeLLTechnologies o B
APEX Subscriptions Order(Direct—U.S.Public)(SLED),
This Dell APEX Subscriptions Order(Direct—U.S.Public)(SLED)("Order")sets forth the terms for a U.S.
Public Customer's purchase of APEX Subscriptions from Dell.
Order Effective Date: Contract Code:C000001019611
Order Number:01-4762-00 Prime Contract:
OMNIA-National Cooperative Purchasing
Alliance(NCPA)
Dell Technologies entity("Dell"): Customer:
EMC Corporation COUNTY OF BRAZOS
176 SOUTH STREET 300 E.26th Street
HOPKINTON,MA 01748 Suite 1430
Bryan,TX
77803
Products and Billing Table
Products,Support Services Level and Identified on Attachment 1
Deployment Services:
Billing Period: Monthly in Arrears
Subscription Term:' 60 Months
Site: BRAZOS COUNTY
205 E 27TH ST
BRYAN
Texas US
77803-3988
Ship To Address(optional): BRAZOS COUNTY
INFORMATION TECHNOLOGY 205 EAST 27TH
ST
BRYAN
Texas US
77803
Storage Fee Table
•
Billing Metric Consumed Raw Storage
Monthly Unit Rate(charge per GIB per Month) USD 0.0061
Monthly Commitment(as a percentage of 70%
Metered Total Capacity)
Month! Fee for Monthl Commitment USD 10,078.66
Purchase Order
Purchase Order Amount: , USD 120,943.92(for year 1 only)
Customer agrees to provide additional purchase
orders every 12 months of the Subscri•tion term.
. Pricing Increases to Monthly Commitment/Subscription Term for the configuration in this Order
Ratecard (in USD/GiB/month)
80% 0.0058
70% 0.0061
60 months
1 Except as outlined by the Governing Terms,the Subscription cannot be terminated before the end of the Subscription Term.Please
note that the Governing Terms have information on ending or extending the Subscription Term.
APEX Subscriptions Order(Direct—U.S.Public)(SLED)06MAY2024
CONFIDENTIAL
Page 1 of 3
DeLLTechnologies
1.0 Calculating Fees
"Metered Total Capacity" means the reported capacity of the Products based upon Customer's
configuration in the applicable environment.Reports will reflect the Metered Total Capacity of Products as
reported by the Product and will scale the Monthly Commitment in line with the Monthly Commitment as a
Percentage of Metered Total Capacity.The Monthly Fee for Monthly Commitment,the Monthly Unit Rate,
and the Monthly Commitment as a Percentage of Metered Total Capacity remain fixed.
1.1 Storage.
Storage Billing.Metered Total Capacity,Monthly Commitment and Reserve Usage are measured by either
the amount of Consumed Usable Storage or Consumed Raw Storage. Both amounts include storage by
GiB written or reserved by the Product to provide storage to servers or used for maintaining replicas of
server storage,It does not Include storage used for disk formatting or dedicated spare disks.It is measured
after the application of storage reduction techniques performed by the Products such as compression and
de-duplication.
Consumed Raw Storage includes storage used for Product overheads such as Protection/RAID and
(where appropriate)dynamic or virtual sparing.It means that storage consumed on the Product that cannot
be reused by other means is converted to a raw format by adding the parity and protection overheads.
Reserve Cap for Storage.Dell shall charge Customer the Monthly Unit Rate for the Reserve Usage up to
eighty-five(85%)percent of the total capacity.Reserve Usage between 85%and 100%of the total capacity
("Reserve Cap")will be charged only in cases of:(1)Interruption of monitoring when Customer Is at fault,or
(ii)there is an Event of Default related to this Order,where in either case Dell may invoice for use up to
100%.
2.0 Governing Terms.This Order is subject to the(a)written agreement between Customer and Dell
that is specifically designated as governing the use of Products on a flexible consumption basis or,if there
is no such agreement, (b) the APEX Subscriptions Agreement — U.S. Public (SLED) available at
https://i.dell.com/sites/csdocuments/Legal Docs/en/us/apex-subscriptions-agreement-us-public.pdf.
3.0 Additional Terms.
For purposes of this Order, Dell shall bear the entire risk of loss,theft,damage or destruction with respect
to the Products until the time of arrival at the"ship to" address. Customer or Partner, as applicable, shall
bear such risk from such time until Product installation at the Site through Asset Recovery.
The Subscription Term shall commence on the first day of the month following the date the Products have
been installed at the Site, or, if Customer delays or fails to promptly install the Products or if Customer's
Site is not prepared for the installation of the Products, the first day of the second month following the
shipment of the Product from Dell's manufacturing facility.
By signing this Order,the parties agree to be legally bound by this Order and the c• _ g Te s.
Dell COUNTY F BRAZ S
By(Sign):, 024.416� By(Sign): _ _
Name(print): Todd Smith • Name(print L.3—
Title: Advisor,Contract Management Title: '
APEX Subscriptions Order(Direct—U.S.Public)(SLED)06MAY2024
CONFIDENTIAL
Page 2 of 3
DOLLTechnologoes
Attachment 1
Quote Number: 3000183881774
Products Quantity
PowerScale H7000 8
PowerScale Chassis 2
Backend Network Switches 1
Isilon Accessories 1
Storage Unstructured Services 1
Support • ProSupport 4-Hour
Deploy ProDeploy Plus
•
APEX Subscriptions Order(Direct—U.S.Public)(SLED)06MAY2024
•
CONFIDENTIAL
Page 3 of 3
..,;'f,' E^p .,
:'gam ",...,
`"''+" �N;: Brazos County
., :or „.. Purchasing Department
200 S.TX AVE.,SUITE 352 BRYAN,TX 77803
PHONE(979)361-4290 FAX(979)361-4293
BRAZOS COUNTY
BID/RFP/RFQ DOCUMENTATION SHEET
The Purchasing Department would like to request Commissioner's Court approval to advertise
and go out for Bid on the following:
DATE: December 31, 2024
RFQ NUMBER: CIP 25-531
TITLE: Brazos County Administration Building Renovations
REQUESTING DEPARTMENT: Commissioners' Court
APPROVAL SIGNATURE: �_ a ��
Duane Peters, County Judge
DATE APPROVED: .���`,.,-.,�,-9-i1r-' , 1) ..D.--rO
49 r hTco
2k / .
N:.
%:o
BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: Road and Bridge NUMBER: • CC-2024-Wickson Creek SUD-
1480 Sand Creek Road
DATE OF COURT MEETING: 12/31/2024
ITEM: Consider and take action on the Wickson Creek SUD utility permit to construct a road bore
at 1480 Sand Creek Road to provide water services. Site is located in Precinct 2.
TO: Commissioners Court
FROM: Joe Salvato
DATE: 12/19/2024
FISCAL IMPACT: False
BUDGETED: False
DOLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Description Tvoe
Utility_Permit Wickson Creek_SUD- Utility Permit-Wickson Creek SUD-1480 Sand Creek Backup Material
1480 Sand_Creek Road.pdf Road
I
•
APPRO D
Duane Peters Date
County Judge •
APPLICATION FOR WATER UTILITY PERMIT
DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY,TEXAS
Pursuant to the Texas Utility Code, Section 181.024, comes now Wickson Creek SUD [company name],
hereinafter referred to as"Company" a Texas [state]Corporation, with authority to transact business in Texas,
acting by and through its duly authorized representative,and hereby petitions the County Engineer for the right to lay,
construct, maintain, repair and/or operate a water line under and/or along certain County Roads as shown on drawings
and diagrams attached hereto and said location described as follows:
Facility to Cross Road
Length of TYPE OF CONSTRUCTION
Road Name&Block Number Crossing (CHECK ONE)
Bored lacked Driven Cased
Sand Creek Road 60 LF X X
1480
Facility to Parallel County Road Within Right-Of-Way
Road Name and Block
Number From To Depth Distance
N/A
CONSTRUCTION TYPE
1" Diameter 0.133" Wall Thickness 2" Diameter Encasement PVC Encasement Material
Material Specification PVC
Maximum Operation Pressure 80 PSI
The location and description of the proposed installation and appurtenances must be fully shown on the attached
detailed drawings.
The Company shall commence actual construction/work in good faith within 60 days from the date of said permit and
shall complete said construction /work within 1 working days. (COMPANY MUST FILL IN). If such
construction is not begun by the 60th day,Company will be required to apply for a new permit.
Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial
and underground, and the filing of this application is prima facie evidence that the proposed installation will not
conflict with any existing utility.
A copy of this permit shall be kept at the job site any time work is being performed.
It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon
public property pursuant to this permit shall not operate to create or vest any property right in said holder.
It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the County's
right,title and interest in the land to be entered upon and used by the holder and the holder will at all times assume risk
of and indemnify, defend and save harmless Brazos County from and against any and all loss, damages, cost or
expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights
and privileges.
Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated
representative.
Approval of County Engineer's Office may take as long as two weeks after complete application is received.
'Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of
said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION
REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated
herein for reference,
•
In the event Company fails to obtain a permit prior to the installation or does not install utilities in compliance with
installation requirements set forth herein(i.e. depth,location,etc), Company assumes all financial responsibility for
damages and/or destruction of lines,cables,etc.based upon its failure to comply with Brazos County requirements.
Applicant agrees that if Brazos County demonstrates a violation of the terms of this policy,Applicant stipulates that
requisites for injunctive relief exist and that Brazos County is enticed to relief enjoining any conduct by applicant
which is contrary to the policies.
This permit Is a revocable permit. Brazos County reserves the right to revoke this permit at any time, in the sole
discretion of Brazos County,for interests of public health, safety or welfare, or for failure to repair any damages
upon demand,or for any other reason deemed sufficient by Brazos County.
In the event Company fails to comply with any or all of the requirements as set forth herein, the County may take
such action as it deems appropriate to compel compliance. The County Engineer further retains the right to revoke
this Permit by verbal notification to the Applicant/Company.
Failure to obtain this permit and/or notify the County Engineer's Office within 24 hours of beginning construction
shall constitute grounds for job shutdown.
By signing below, I certify that l am authorized to represent the Company listed below, and that the Company agrees
to the conditions/provisions included in this permit.
Ji tac-son v Cup
Company Name
i<y
By: /
Signat 41,
Title—
e
w-no ( b.2%
Add ss
City 4 State Zip
A�q• 540-1030
Telephone Number
, la tajoU 1c. rOreek , C.on'
Email:
WATER UTILITY APPROVAL
Brazos County offers no objection to the proposed location of the utility in the County right of way as shown by
accompanying drawings and notice dated December 19,2024 except as noted below:
(Month/Day/Year)
EXCEPTIONS:
NONE
,1thal
q-- Br:,ffs County Engineer
I LW
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TYPICAL
{C L SECTION
il
1. IN CROSSING ROAD OR GOING ALONG RIGHT-OF-WAY, SHOW DEPTH &LOCATION OF CONSTRUCTION IN TYPE
SECTION &PLAN
2. IN PLAN VIEW SHOW DISTANCE FROM YOUR CONSTRUCTION TO NEAREST INTERSECTION
3. IF ABOVE PLAN VIEW AND/OR TYPE SECTION IS NOT APPLICABLE, THEN SHOW APPLICABLE PLAN AND/OR SECTION
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. CUSTOMER:CLINT YOUNG
-'' - _ DRAWING FOR: 1480 SAND CREEK ROAD
PROPOSED 60'ROAD BORE
.<-. ' USING 2"ENCASEMENT PIPE
' WITH 1"WATERLINE ENCLOSED
I °' "` DRAWING BY:KATHY STOVER 12/16/2024
12/12/2024, 1:47:18 PM 1:4,514
MI Abstracts FEMA Flood Hazard Zones
0 0.03 0.07 0.13 ml
71�- _1 1%Annual Chance Flood Hazard 0 0.05 0.1 o.2km
• World Transportation 6Open$beeyMp(end)contributors,CC•BY•SA,Eel,HERE;IPC
' 11111 Parcels
me nee product is For 1abma9onel purposes only and has not been prepared la or be s 4teble for I Brazos Central Appraisal,twat,roe Canoeing r eing w usUan F boundaries.
g.00m
legal,engineering,or surveying purposes,a does not represent an on-the-ground away and represents only the appradmete release lonean of
BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples
of BMPs)to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists.so as not to inconvenience the public.
B. Safety Requirements
1. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices(TMUTCD). See Traffic Control Requirements below.
2. During construction,all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices,as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen,signs,signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
• owners.
5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to
constitute a danger or hazard of any kind to persons or vehicles using such road.Any poles placed in the
Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be
approved by the County Engineer.
C. Traffic Control Plan
1. A traffic control plan,pursuant to the TMUTCD or Engineered Traffic Control Plan must be provided for
the following:
a. Any construction(i.e. pit,excavation, hole) left open over night, requires specific nighttime traffic
control measures pursuant to the TMUTCD;
b. If construction is within ten (I0) feet of the roadway;or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.045.
2. All pole installation(including lighting)shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths--utility may place deeper):
a. be placed at a minimum depth of forty-eight (48)inches below the top of the pavement;
'b. be at least thirty-six(36)inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight(48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below;
d. not be closer than ten(10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60'.
4. Water Lines:All water lines must be a minimum 36-inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility.The locations shall be as follows: (measured from
back of right-of-way).
Power—0-2 feet, nominally 1'
Phone—2-4 feet, nominally 3'
Gas—4-6 feet,nominally 5'
Cable—6-8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in.No. 3 above,however,the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than
400' if left open over night or unattended.
8.. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the full length.of the crossing lithe annular space between pipe and casing
and soil exceeds one(1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking,tunneling and
joints.
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above,
c. pits shall NOT be located within ten(10) feet from the edge of pavement without prior approval
from the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions,the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten(10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement
stabilized material as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
11.Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope,shoulder or any other portion of the right-of-way,Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted,except in an instance whereby the laying, construction,maintenance and/or
repair of cables,conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove,cut or
jeopardize any section of the road(asphalt,cement, road base, etc),Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined
by the County Engineer.
14. The applicant shall submit a letter of"No Objection"from the Army Corps of Engineers for all
designated wetlands and environmentally.sensitive lands.
E. Emergency work
1. In the event Company is required to perform emergency services,that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs,Company
shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the
County Engineer and Road& Bridge Office an opportunity to inspect the site to ensure the integrity of the
County Right of Way and traffic safety controls used.
F. Repairs to existing facilities
1. Maintenance and/or repair to existing cables, conduits,and/or pole lines which require disturbance of the
soil,shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or designated representative and a permit has been obtained.
G. Relocation of utilities:
1. When and if the County Engineer determines that it is necessary for the construction, repair,
improvement, alteration or relocation of all or any portion of said road,any or all poles, wires,pipes,
cables or other facilities and appurtenances authorized hereunder,shall be removed from said road,or
reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by
the County Engineer and Utility Company,and at the expense of the Utility Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines(generally 60 PSI or greater),whether pertaining to
controlled access or non-controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline,this information is to be
supplied for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal
Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and
signed by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep
Encased Pipe Greater than 10' No concrete pad required
Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep
Non-Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of-
Way. Transmission lines have been determined to be petroleum pipelines(which includes natural
gas lines)and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
• • END LEGEND
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BRAZOS COUNTY
BRYAN,TEXAS
DEPARTMENT: Road and Bridge NUMBER: CC-2024-Brazos Wifi-Forest
Lakes
DATE OF COURT MEETING: 12/31/2024
ITEM: Consider and take action on the Brazos Wifi utility permits to construct road bores in Forest
Lakes Subdivision on Forest Drive,Bendwood and Wooded Drive. Sites are located in
Precinct 2.
TO: Commissioners Court -
FROM: Joe Salvato
DATE: 12/19/2024
FISCAL IMPACT: False
BUDGETED: False •
DOLLAR AMOUNT: $0.00
NOTES/EXCEPTIONS: Permits are for road bores ONLY. All lateral lines must be placed within platted
subdivision Public Utility Easement(PUE)
ATTACHMENTS:
File Name Description Iy�e
Utirity_Permit-Brazos_Wifi-Forest Drive.pdf Utility Permit-Brazos Wifi-Forest Drive Backup Material
Utifity_Permit-Brazos Wifi-Bendwood.pdf Utility Permit-Brazos Wifi-Bendwood Backup Material
Utility_Permit Brazos Wifi- Utility Permit-Brazos Wifi-Wooded Drive Backup Material
Wooded_Drive.pdf
APPRO D
3` da�
Duane Peters Date
County Judge
NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS
OF TELEPHONE FACILITIES AND DESIGNATING
PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Comes now Brazos WIFI [company name], hereinafter referred to as
"Company"a Texas [state] Corporation,with authority to transact business in Texas, acting by and
through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay,
construct,maintain,repair and/or operate a telephone facility under, over, across and/or along certain
County Roads as shown on drawings and diagrams attached hereto and said location described as
follows:
Directional bore 60 feet under Forest Drive from the most north enterance at 222 feet, 590 feet, 766 feet,
1080 feet, 1240 feet, 1440 feet,2210 feet,2315 feet,2470 feet, 2680 feet,2940 feet, and 3620 feet from
the intersection of Lakefront Dr. and Forest Drive. Crossing will be a minimum of 36 inches under the
bottom of the ditch and a minimum of 60 inches under the roadway.
Direction boring will also be completed in the 16" PUE along the length of Forest Drive
The location and description of the proposed installation and appurtenances must be fully shown on
detailed drawings attached to this Notification.
The Company shall commence actual construction/work in good faith within 60 days from the date of
said permit and shall complete said construction/work within 60 working days. (COMPANY
MUST FILL IN). If such construction is not begun by the 60th day, Company will be required to
provide a new notice.
The company declares that prior to filing this application, it has ascertained the location of all existing
utilities, both aerial and underground, and the filing of this application is prima facie evidence that the
proposed installation will not conflict with any existing utility.
A copy of this notice shall be kept at the job site any time work is being performed.
In the event of deviation from this notice,the Brazos County Engineer's Office or its designated
representative will be notified as soon as practicable.
Approval of County Engineer's Office may take as long as two weeks after complete application is
received.
Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute
grounds for job shutdown.
By signing below,I certify that I am authorized to represent the Company listed below, and that the
Company agrees to the conditions/provisions included in this notification.
Brazos WIFI
Company Name
Tim Hardy
By:
'Wevedf
Signature
Project Manager
Title
12135 S. Hwy 30, College Station,TX 77845
Address
(979) 999-7010
Telephone Number
tim@brazoswifi.com
E-mail
ACCEPTANCE OF NOTIFICATION
Brazos County offers no objection to the proposed location of the utility in the County right of way as
shown by accompanying drawings and notice dated December 19, 2024 except as noted below:
EXCEPTIONS:
Permit is for road bores ONLY. All lateral lines must be placed within the platted
subdivision Public Utility Easement(PUE).
,,,kn
Br s County Engineer
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BRAZOS COUNTY ROADWAY SAFETY ANI) ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED iN
BRAZOS COUNTY RIGHTS OF WAY
A. Genera!Requirements
I. Adequate drainage shall be maintained in ditches at all times.
2. Permittee will use best management practices("BMP") (EPA and TCEQ both provide lists of examples
of BMPs) to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer 01'
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right ofway. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not pe•mittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or ifan alternative exists so as not to inconvenience the public.
B. Safety Requirements
I. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of Uniform, Traffic
Control Devices("I'MUl'CI)). See Traffic Control Requirements below.
2. During construction,all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices,as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions Must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable,conduit and/or pole line shall be laid, constructed, maintained and/or lepaired so as to
constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the
Right of Way for suture installation shall be placed at the back of the Right of Way. Exceptions may be
approved by the County Engineer.
C Traffic control Plan
t. A traffic control plan, pursuant to the TMUfCl.) or Engineered Traffic Control Plan must be provided for
the following:
a. Any construction (i.e. pit,excavation, hole) left open over night, requires specific nighttime traffic
control measures pursuant to the"1'MUTCD;
h. If construction is within ten (10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
I. All overhead installations shall conform to clearance standards of the"texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section 181.045.
2. All pole installation (including lighting) shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths--utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights of way of
less than 60'.
'I. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power—0-2 feet, nominally I'
Phone--2-4 feet, nominally 3'
•Gas--4-6 Feet, nominally 5'
Cable 6-8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above, however,the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than
400' if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WIT]UN COUNTY ROAD PAVIivIliNT;
b. be pressure grouted for the Full length of the crossing if the annular space between pipe and casing
and soil exceeds one(I) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
c. TxDOT Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and
joints.
9. Bore Pits
a. no pits shall remain open longer than 2 days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten(10) feet from the edge of pavement without prior approval
from the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
I. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten(10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement
stabilized material as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction ofthe
County Engineer or his representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
1 I. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
responsible fbr repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted,except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. in the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt,cement, road base, etc),Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount \vill be determined
by the County Engineer.
14. The applicant shall submit a letter of"No Objection" from the Army Corps of'Engineers for all
designated wetlands and environmentally sensitive lands,
E. Emergency work
I. In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the
County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the
County Right of Way and traffic safety controls used.
F. Repairs to evicting facilities
I. Maintenance and/or repair to existing cables, conduits,and/or pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or designated representative and a permit has been obtained.
G. Relocation of utilities:
1. When and if the County Engineer determines that it is necessary for the construction, repair,
improvement, alteration or relocation of all or any portion of said road,any or all poles, wires, pipes,
cables or other facilities and appurtenances authorized hereunder, shall be removed horn said road, or
reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by
the County Engineer and Utility Company, and at the expense of the Utility Company.
N. High Pressure Pipelines
1. MI utility Permits for high pressure pipelines(generally 60 PSI or greater), whether pertaining to
controlled access or non-controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness •
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be
supplied for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal
Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and
signed by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep
Encased Pipe Greater than 10' No concrete pad required
Non-Cased Pipe t.,ess than 10' Must be covered with concrete pad at least 48"deep
Non-Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of-
Way. Transmission lines have been determined to be petroleum pipelines(which includes natural
gas lines)and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
0 , END LEGEND
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n� 154 II
NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS
OF TELEPHONE FACILITIES AND DESIGNATING
PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY, TEXAS
Comes now Brazos WIFI [company name], hereinafter referred to as
"Company"a_ Texas [state] Corporation,with authority to transact business in Texas,acting by and
through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay,
construct,maintain,repair and/or operate a telephone facility under, over, across and/or along certain
County Roads as shown on drawings and diagrams attached hereto and said location described as
follows:
Directional bore 60 feet under Bendwood at 195 feet, and 355 feet from the intersection of Forest Dr.
and Bendwood. Crossing will be a minimum of 36 inches under the bottom of the ditch and a minimum
of 60 inches under the roadway.
Direction boring will also be completed within the 16"PUE along the length of Bendwood.
The location and description of the proposed installation and appurtenances must be fully shown on
detailed drawings attached to this Notification.
The Company shall commence actual construction/work in good faith within 60 days from the date of
said permit and shall complete said construction/work within 60 working days. (COMPANY
MUST FILL IN). If such construction is not begun by the 60th day,Company will be required to
provide a new notice.
The company declares that prior to filing this application, it has ascertained the location of all existing
utilities, both aerial and underground,and the filing of this application is prima facie evidence that the
proposed installation will not conflict with any existing utility.
A copy of this notice shall be kept at the job site any time work is being performed.
In the event of deviation from this notice, the Brazos County Engineer's Office or its designated
representative will be notified as soon as practicable.
Approval of County Engineer's Office may take as long as two weeks after complete application is
received.
Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute
grounds for job shutdown.
By signing below,I certify that I am authorized to represent the Company listed below,and that the
Company agrees to the conditions/provisions included in this notification.
Brazos WIFI
Company Name
Tim Hardy
By:
?eat qeinelf
Signature
Project Manager
Title
12135 S. Hwy 30, College Station,TX 77845
Address
(979)999-7010
Telephone Number
tim@brazoswifi.com
E-mail
ACCEPTANCE OF NOTIFICATION
Brazos County offers no objection to the proposed location of the utility in the County right of way as
shown by accompanying drawings and notice dated December 19,2024 except as noted below:
EXCEPTIONS:
Permit is for road bores ONLY. All lateral lines must be placed within the platted
subdivision Public Utility Easement(PUE).
fAL 4..........
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Br os County Engineer
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED IN
BRAZOS COUNTY RIGHTS OF WAY
el. General Requirements
1. Adequate drainage shall be maintained in ditches at all times.
2. Pennittec will use best management practices("l3MP") (EPA and TCEQ both provide lists of examples
of BMPs)to ininirnize erosion and sedimentation resulting from the proposed installation.
3. The pernlinee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
•
5. Permittee shall not interfere with other utilities located in the right of way. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not permittee's plans shall inconvenience the public. If it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safety Requirements
I. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices (TMUTCD). See Traffic Control Requirements below.
2. During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Permittee must take such precautions and measures, including placing and displaying safety devices, as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
flagmen, signs, signals or devices necessary to provide complete safety to the public.
fl, Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
owners.
5. No cable,conduit and/or pole line shall be laid,constructed, maintained and/or repaired so as to
constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the
Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be
approved by the County Engineer.
C. !ruffle Control Plan
I. A traffic control plan, pursuant to the 'I'rMUTCD or Engineered ['raffle Control Plan must be provided for
the following:
a. Any construction (i.e. pit, excavation, hole) left open over night, requires specific nighttime traffic
control measures pursuant to the TMITTCD;
h. if construction is within ten (10) feet of the roadway: or
c. Any work performed in the road right-of-way:
2. Plan must be attached to the permit and kept at the job site any time work is being performed
3. Plan must set fbrth the time of completion for the job.
D. Design Standards
I. All overhead installations shall conform to clearance standards ofthe Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texans Utilities Code,
Section 181.045.
2. All pole installation (including lighting)shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths —utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
h. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines, see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights away of
less than 60'.
4. Water lines: All water lines must be a minimum 36-inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility. The locations shall be as follows: (measured from
back of right-of-way).
Power—0-2 feet, nominally I'
Phone - 2-4 feet, nominally 3'
Gas--4-6 feet, nominally 5'
Cable -•6-8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above, however, the County Engineer or its designated representative will
provide final approval of each utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than
400' if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS NV11'1tIN COUNTY ROAD PAVEMENT;
h. be pressure grouted for the full length of the crossing if the annular space between pipe and casing
and soil exceeds one(1) inch. I3razos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
c. TxDOT Standard Specification item 476 shall be followed for all boring,jacking, tunneling and
joints.
9. Bore Pits
a. no pits shall remain open longer than 2 days;
•
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten (10) feet from the edge of pavement without prior approval
from the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours,due diligence will be used in protecting the spoil
pile to prevent drainage problems;
e. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions,the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilled with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and thud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement
stabilized material as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the
County Engineer or his representatives.
f. No side or lateral tamping to fill voids under the base and pavement materials is allowed.
I I. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope, shoulder or any other portion of the right-of-way, Company will be
• responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County
road will not be permitted,except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided
meeting TMUTCD requirements.
13. in the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt,cement, road base, etc),Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined
by the County Engineer.
14. The applicant shall submit a letter of"No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
E. Emergency work
1. hi the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
shall notify County Engineer within 24 hours of beginning construction/repairs.This will allow the
County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the
County Right of Way and traffic safety controls used.
F. Repairs to existing facilities
I. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the
soil,shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or designated representative and a permit has been obtained.
G. Relocation of aafi/ilies:
I. When and if the County Engineer determines that it is necessary for the construction, repair,
improvement, alteration or relocation of all or any portion of said road,any or all poles, wires, pipes,
cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or
reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by
the County Engineer and Utility Company,and at the expense of the Utility Company.
H. High Pressure Pipelines
1. All utility Permits for high pressure pipelines(generally 60 PSI or greater), whether pertaining to
controlled access or non-controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be
supplied for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal
Safety' Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and
signed by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep
Encased Pipe Greater than 10' No concrete pad required
Non-Cased Pipe Less than 10' Must be covered with concrete pad at least 48"deep
Non-Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus IS"
minimum.
• 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of-
Way. Transmission lines have been determined to be petroleum pipelines(which includes natural
gas lines) and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the final customer.
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ON3031 ON3 • 0
NOTIFICATION OF PROPOSED INSTALLATION AND/OR REPAIRS
OF TELEPHONE FACILITIES AND DESIGNATING
PLACEMENT OF UTILITY IN COUNTY RIGHT OF WAY
TO: THE COUNTY ENGINEER OF BRAZOS COUNTY,TEXAS
•
Comes now Brazos WIFI [company name], hereinafter referred to as
"Company"a -__Texas [state] Corporation,with authority to transact business in Texas,acting by and
through its duly authorized representative, and hereby notifies the County Engineer of its intent to lay,
construct, maintain,repair and/or operate a telephone facility under, over, across and/or along certain
County Roads as shown on drawings and diagrams attached hereto and said location described as
follows:
Directional bore 60 feet under Wooded Dr at 200 feet, 490 feet, 800 feet and 1180 feet from the
intersection of Forest Dr. and Wooded Dr. Crossing will be a minimum of 36 inches under the bottom of
the ditch and a minimum of 60 inches under the roadway.
Direction boring will also be completed within the 16"PUE along the length of Wooded Dr.
The location and description of the proposed installation and appurtenances must be fully shown on
detailed drawings attached to this Notification.
The Company shall commence actual construction/work in good faith within 60 days from the date of
said permit and shall complete said construction/work within 60 working days. (COMPANY
MUST FILL IN). If such construction is not begun by the 60th day,Company will be required to
provide a new notice.
The company declares that prior to filing this application, it has ascertained the location of all existing
utilities, both aerial and underground,and the filing of this application is prima facie evidence that the
proposed installation will not conflict with any existing utility.
A copy of this notice shall be kept at the job site any time work is being performed.
In the event of deviation from this notice,the Brazos County Engineer's Office or its designated
representative will be notified as soon as practicable.
Approval of County Engineer's Office may take as long as two weeks after complete application is
received.
Failure to notify the County Engineer's Office within 24 hours of beginning construction shall constitute
grounds for job shutdown.
By signing below, I certify that I am authorized to represent the Company listed below,and that the
Company agrees to the conditions/provisions included in this notification.
Brazos WIFI
Company Name
Tim Hardy
By:
7em q$144
Signature
Project Manager
Title
12135 S. Hwy 30, College Station,TX 77845
Address
(979)999-7010
Telephone Number
tim@a brazoswifi.com
E-mail
ACCEPTANCE OF NOTIFICATION
Brazos County offers no objection to the proposed location of the utility in the County right of way as
shown by accompanying drawings and notice dated December 19, 2024 except as noted below:
EXCEPTIONS:
Permit is for road bores ONLY. All lateral lines must be placed within the platted
subdivision Public Utility Easement(PUE).
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BRAZOS COUNTY ROADWAY SAFETY AND ROAD
PRESERVATION STANDARDS FOR WORK CONDUCTED iN
BRAZOS COUNTY RIGHTS OF WAY
A. General Requirements
I. Adequate drainage shall be maintained in ditches at all times.
2, Perm ittee will use best management practices("BMP")(EPA and TCEQ both provide lists of examples
of BMPs)to minimize erosion and sedimentation resulting from the proposed installation.
3. The permittee shall take precautions to avoid damage to property. All County Right of Way and property
shall be restored to its original condition,as far as practical, in the opinion of'the County Engineer or
appointed representative.
4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior
occupant.
5. Permittee shall not interfere with other utilities located in the right away. In the event damages occur,
permittee will be liable to the County or other utilities running through the right of way.
6. County Engineer shall determine whether or not perntittee's plans shall inconvenience the public. if it is
determined that inconvenience to the public exists, then the County Engineer will decide whether such
project will be allowed or if an alternative exists so as not to inconvenience the public.
B. Safely Requirements
I. Proper traffic control measures must be put in place prior to beginning work and remain in place during
the duration of the job. All traffic control measures must follow the Texas Manual of Uniform Traffic
Control Devices(TMUiTCD). See Traffic Control Requirements below.
2, During construction, all safety regulations of the Texas Department of Transportation shall be observed.
3. Perm ittee must take such precautions and measures, including placing and displaying safety devices,as
may be necessary, in order to safely conduct the public through the project area. Company shall provide
Flagmen, signs, signals or devices necessary to provide complete safety to the public.
4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property
oNVnerS.
5, No cable,conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to
constitute a danger of hazard of any kind to persons or vehicles using such road. Any poles placed in the
Right of Way for future installation shall be placed at the back of the Right of Way. Exceptions may be
approved by the County Engineer.
C: Traffic Control Plan
1. A traffic control plan, pursuant to the TM1JTCD or Engineered Traffic Control Plan must be provided for
the following:
a. Any construction (i.e. pit,excavation, hole) left open over night, requires specific nigltttinte_traffic
control measures pursuant to theTML TCD;
b. If construction is within ten(10) feet of the roadway; or
c. Any work performed in the road right-of-way;
2. Plan must be attached to the permit and kept at the job site any time work is being performed.
3. Plan must set forth the time of completion for the job.
D. Design Standards
1. All overhead installations shall conform to clearance standards of the"Texas Department of Transportation
and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code,
Section l81.045.
2. All pole installation (including lighting)shall be placed at the backside of the Right of Way to ensure
safety to the public. Any pole placed in violation of this requirement will be required to be moved to the
appropriate location at the company's expense. Exceptions may be approved by the County Engineer.
3. All underground installations shall (these are minimum depths—utility may place deeper):
a. be placed at a minimum depth of forty-eight (48) inches below the top of the pavement;
b. be at least thirty-six (36) inches below ditch flow line when installation is within the area measured
from top of bank to top of bank;
c. be at least forty-eight (48) inches below ditch flow line if low pressure gas or petroleum lines. For high
pressure gas and petroleum lines,see High Pressure Pipelines requirements listed below;
d. not be closer than ten (10) feet from the edge of pavement. Exceptions may apply in rights away of
less than 60'.
4. Water Lines: All water lines must be a minimum 36-inches below the ditch flow line and cased.
Waterlines shall be cased if crossing under the roadway.
5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within
designated locations based upon the type of utility, The locations shall be as follows: (measured from
back of right-of-way).
Power —0-2 feet, nominally I'
Phone—2-4 feel, nominally 3'
Gas —4-6 feet, nominally 5'
Cable 6-8 feet, nominally 7'
6. Utilities with less than 60 feet right-of-way in all new developments shall install the utility in a similar
manner as referenced in No. 3 above, however,the County Engineer or its designated representative will
provide final approval()leach utility location.
7. The length of any trench to be opened in advance of the pipe, conduit or ducts may not be longer than
400' if left open over night or unattended.
8. Crossings under a county road shall:
a. be bored or jacked. ABSOLUTELY NO OPEN CUTS WITHIN HIN COUNTY ROAD PAVEMENT;
b. be pressure grouted for the Full length of the crossing if the annular space between pipe and casing
and soil exceeds one(1) inch. Brazos County must be given 24 hours notice of pressure grouting
operations and have the opportunity to have an inspector on site to observe pressure grouting
operations;
c. TxDO'F Standard Specification Item 476 shall be followed for all boring,jacking, tunneling and
joints.
9. Bore Pits
a. no pits shall remain open longer than 2
days;
b. all pits shall have proper traffic control measures in place. See Traffic Control Plan listed above.
c. pits shall NOT be located within ten(10) feet from the edge of pavement without prior approval
from the County Engineer or his representative;
d. when pits are to remain open for more than 8 hours, due diligence will be used in protecting the spoil
pile to prevent drainage problems;
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity;
f. based upon soil conditions, the County Engineer or his representative may require pits be placed
further from the edge of road.
10. Any installation within ten (10) feet of edge of pavement shall meet the following:
a. location must be approved by the County Engineer or his representative
b. backfilted with cement stabilized material.
c. based upon soil conditions, the County Engineer or his representative may require shoring to protect
pavement integrity.
d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed
during a rainy period or at other times where excess water cannot be prevented from entering the
trench will be considered TEMPORARY and shall be replaced with PERMANENT cement
stabilized material as soon as weather permits;
e. All disturbed base and pavement materials shall be removed and restored to the satisfaction ot'the
County Engineer or his representatives. •
f: No side or lateral tamping to fill voids under the base and pavement materials is allowed.
1 I. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event
Company damages the slope,shoulder or any other portion of the right-of-way,Company will be
responsible for repairing the damage and replacing the right-of-way to the condition it was prior to
commencing construction.
12. Operation of construction and/or maintenance equipment on the traveled surface ot'any improved County
road will not be permitted,except in an instance whereby the laying, construction, maintenance and/or
repair of cables, conduits and/or pole lines cannot be accomplished by any other method and in this event
all such equipment shall be of the rubber tire variety, Appropriate traffic control shall be provided
meeting TMUTCI)requirements.
13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or
jeopardize any section of the road (asphalt, cement,road base, etc), Company will be required to provide
a performance bond or letter of credit securing necessary repairs. Said bond amount will be determined
by the County Engineer.
14. The applicant shall submit a letter of"No Objection" from the Army Corps of Engineers for all
designated wetlands and environmentally sensitive lands.
G. Emergency work
In the event Company is required to perform emergency services, that requires excavation in a County
Right of Way, and unable to notify the County Engineer prior to conducting emergency repairs, Company
shall notify County Engineer within 2,1 hours of beginning construction/repairs.This will allow the
County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the
County Right of Way and traffic safety controls used.
F. Repairs to existing facilities
I. Maintenance and/or repair to existing cables, conduits, andor pole lines which require disturbance of the
soil, shall not be performed until plans describing such maintenance and/or repair have been approved by
the County Engineer or designated representative and a permit has been obtained.
G. Relocation of utilities:
1. When and if the County Engineer determines that it is necessary for the construction, repair,
improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes,
cables or other facilities and appurtenances authorized hereunder, shall be removed from said road, or
reset or relocated thereon,as required by the County Engineer within a reasonable time as determined by
the County Engineer and Utility Company,and at the expense of the Utility Company.
If. Ifigh Pressure Pipelines
I. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to
controlled access or non-controlled access installations, should contain the following additional
information in the description of the permit.
-diameter
-wall thickness
-material specification
-minimum yield strength
-maximum operation pressure of the pipeline
2. With the exception of the maximum operation pressure of the pipeline, this information is to be
supplied for both the carrier pipe and the casing.
3. Assurance must also be given that the installation material and design meet the minimum Federal
Safety Standards for Liquid and Gas Pipe Lines. Assurance must be provided on company letterhead and
signed by an authorized representative of the company.
4. Petroleum Pipelines:
Depth
Type of Pipeline (below deepest ditch grade) Special Requirements
Encased Pipe Less than 10' Must be covered with concrete pad at least 36"deep
Encased Pipe Greater than 10' No concrete pad required
Non-Cased Pipe Less than 10' Must be covered with concrete pad at least L18"deep
Non-Cased Pipe Greater than 10' No concrete pad required
The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18"
minimum.
5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right-of-
Way. Transmission lines have been determined to be petroleum pipelines(which includes natural
gas lines)and shall not be parallel to a County Road.
6. Natural Gas Distribution is a line that serves the tinal customer.
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BRAZOS COUNTY
BRYAN, TEXAS
)EPARTMENT: NUMBER:
)ATE OF COURT MEETING: 12/31/2024
TEM: Overpayments
• a.Yessica Melendez-$81.77
"O: Commissioners Court
)ATE: 12/18/2024
:ISCAL IMPACT: False
3UDGETED: False
)OLLAR AMOUNT: $0.00
ATTACHMENTS:
File Name Description Type
CC Refund Request 12 18 24 (002).pdf Tax Refund Applications Backup Material
Melissa Leonard,PCAC
Brazos County Tax Assessor/Collector
4151 County Park Ct
Bryan TX 77802
979-775-9930
979-775-9938 Fax
REFUNDS PENDING 12/19/2024
REQUESTOR YESSICA MELENDEZ
ADDRESS 15759 MACEY RD HEARNE TX 77859 •
OWNER NAME SHAWN MECHE •
PROP ID# 427290
REFUND AMOUNT $ 81.77
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
REQUESTOR
ADDRESS
OWNER NAME
PROP ID#
REFUND AMOUNT
•
•
APPLICATION FOR TAX
REFUND
Collecting Office Nome
Collecting Tor for:
(taxing entitles)
Brazos County Tax Office
Rhine rnnnh, r ltw of
MECHE SHAWN G
MELENDEZ ISMAELSIFFUENTES&GRACIELA
15759 MACEY RD •
HEARNE TX 77859-9302
PROPERTY DESCRIPTION
Legal: SEWS CHVM299367007066,HUDl TRA0189955,CASSIE ESTATES,LOT 13,ACRES 1.507
Address: 15727 MACEY RD ,
Accountfi 427290
TAX PAYMENT INFORMATION
Name of Taxing Unit Tax Year of Refund Payment Date Amount Pald Refund Amount Requested
2REFUND 2024 11/23/2024 $629.75 $81.77
Taxpayer's reason for refund:OP-Overpayment
REFUND TO:
YESSICA MELENDEZ
15759 MACEY RD
HEARNE TX 77859-93022
sign below and return form to the Brazos
CountyTaxOfflce.
"I hereby apply for the rotundaf the above-
described taxes and certify that the
information on this form is true and correct."
TAX REFUND DET TION
The tax re nd Is [• proved [ approved
;)- I Jay--
Authorized Officer Signature Date
Authorized Officerof taxing unit far refund applications over amount required under Section 31.11 Tax Code
Authorized Officer Signature • Date
.ar7,.. ■..m Norm.,.■
MELISSA LEONARD, PCAC PH#(979)775-9930 •
BRAZOS COUNTY TAXASSESSOR COLLECTOR • Receipt Number _.!.
4151 COUNTY PARK CT 3392779
BRYAN,TX 77802 Date Posted •". i___- 1112312024.
Fayrnent.Type- •-.I_ P
payment Code _ _Over/Refund,
iT_otal;Paid �i _ _ _9629.75'
PAID BY: •
•
Yessica Melendez .
•
Property ID Geo • -_ Legal Acres-r ' l F'--- :Owner Name,and Address
427290 702020-0000-0344 i 0.0000 MECHE SHAWN G
• --- --' r LegaF Descri tion %MELENDEZ ISMAEL SIFFUENTES&G
_ P _ --r 1 15759 MACEY RD
SER#CH VM299367007066,HUD#TRA0189955,CASSIE ESTATES,LOT 13,ACRES 1.507 HEARNE,TX 77859-9302
Situs._ - --.r-~__r ----- ----�
DBA Name
15727 MACEY Rt)-, .. _ _ _ - - - - -- - - -_ '
Entity ,_______ _'Year 'Rate Taxable Value Stint it Void ' Original•Tax Discnts P&I Att•Fees Overage Amount•PO
UN Z READ ENTITY 2024 0.00000 0 150087 N 81.77 0.00 0.00 0.00 0.00 81.77
EMG SVCS DIST#2 2024 0.02006 39,618 88299 N 7.93 0.00 0.00 0.00 0.00 7.93
BRYAN ISD 2024. 0.94690 39,518 88299 N 374.20 0.00 0.00 0.00 0.00 374.20
BRAZOS COUNTY 2024 0.41970 39,518 88299 N 165.85 0.00 0.00 0.00 0.00 165.85
629.75
Balance Due As Of 1112312024: -81.77
Tender ---' Details ------__ Description i Amount;
Credit Card CC XX-6362 Conv.Charge 0.00 Online CC 2411231337487702C609 629.75
629.75
•
•
•
•
Operator_Batch-- - .. j - -,--. �____ u
•.
.;- Tete Paldl
ahines 54312(Correction Batch Melendez 12162024 anh) 629.75,
Special Condition Exists for this Property
Page:1 Receipt Issued In Accordance with Section 31.076 of the Texas Property Tax Code Trig Am. ,,Ins.
BRAZOS COUNTY,TEXAS
BUDGET AMENDMENT(S)FOR THE 2024-2025 BUDGET YEAR
NO. 24/25 12.01
On this the 3151 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 1
C. Chuck Konderla,Commissioner,Precinct 2
D.Nancy Berry,Commissioner,Precinct 3
E.Wanda Watson,Commissioner,Precinct 4
F.Karen McQueen,County Clerk
The following proceedings were held:
THAT WHEREAS, on 315t 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 31 st 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.24/25-12.01
12/31/2024
FUND NAME DEPARTMENT NAME CLASS DESCRIPTION ACCOUNT CATEGORY INCREASE DECREASE
Information Technology-Non
General Fund . Capital. Contractual Services Expenditure 148,267.80
General Fund Other Financing Uses Expenditure 148,267.80
Capital Improvement Fund Other Financing Sources Revenue 148,267.80
Information Technology-
Capital Improvement Fund Capital Capital Outlay Expenditure 148,267.80
General Fund and Capital Improvement Fund
Reallocation of funds to the correct account for the Dell APEX Project.
11/6
[Date: 12/18/2024; County Judge Approval D'ate-;�
For Oracle Entry Onty,.
FUND DIV ACCT Change in Budget ACCOUNT NAME
01000 14000006 71020000 (148,267.80)
01000 00000000 91110000 148,267.80 -
45000 00000000 49028000 148,267.80
45000 63140001 80212000 148,267.80
- -: Personnel Change.of Status . .
• (Dec19,2024)
•
Commissioners' Court Date:- . 12/31/2024 . . .
. Department Submitting Information: • Human Resources -
Purpose of Submissi.ons:,. Consider and Take Action on Change- -
• Em to merit
p Y -
.
Department Name • Employee Name,' ,. .
. .
• Sheriffs Office-Administration Ashbaucher,Elizabeth : :
- Separations • •
Department Name' ' " • Employee:Name"
-..District Attorney-Crime Fund-Administration.- • Escorza,Martel •
Facilities Services-Administration. . .'Hernandez,Jessie .. - -
:: Risk Management-Administration Agorichas;•Nicholas .
Sheriffs Office-Administration - Toliver,Brionna, -
•
-
.- Personnel Action- Forms' = •
•, •• . , ` - -Department Name Employee'Name :
'. Commissioner's Court-Administration Sandoval,Delia ;
•
' ' County Attorney . . • Butler,Robert A .
• Sheriffs Office=Administration James,Jonathan . , - ..
Sheriff's Office-Administration• . • - Lopez-Felix,Monica"
Sheriffs.Office-Administration ,mourner,Joshua :
•
Sheriffs Office-Administration :• :- ••Wagnon,Daniel
A roved in Commissioner pp s' Court: 12-31-k24
• - County Judge's or Commissioner's-Signature: • : .
'�_ of ••'.
•'.C� .i In
O
OF
13gP
BRAZOS COUNTY
BRYAN, TEXAS
CLAIMS
COMMISSIONERS COURT MEETING: December 31, 2024
CLAIMS TO BE PAID BY B.RAZOS COUNTY:
CLAIM # 8207044 Thru CLAIM # 8207163
CLAIM # 9203106 Thru CLAIM # 9203172
The Court voted unanimously to approve these Claims as submitted.
Duane eters
County Judge
Karen McQueen
County Clerk
Brazos County Administration Bldg. • 200 S.Texas Ave. • Suite 310 • Bryan,Texas 77803 • Fax:(979)361-4176