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HomeMy WebLinkAbout2009-08-04-9:00AM-REGULAR Cf'TB OF lam, ~ 7m o~A O do ; ~Yp Y F 8a`.P BRAZOS COUNTY BRYAN, TEXAS C~ NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 4 AUGUST 2009 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for citizen's input and/or concerns. 3. Presentation regarding Delinquent Property Tax Collection Activity for the period of 1 April 2009 through 31 June 2009. 20 Consider and take action on agenda items 4 -X. 4. Budget Amendment 08/09 - 44.1 thru 44.8. 5. Personnel Change of Status. 6. Payment of Claims. 7. Master Contract with Patrick Gendron and Lane Thibodeaux for legal representation of eligible indigent juveniles; term of contract is 10/01/2009 through 9/30/2010 (previously tabled. 8. Resolution 09-011 amending and restating the resolutions of 4 March 2008 and 28 April 2009 declaring intention to reimburse certain expenditures. Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax: (979) 361-0503 'VOLT P3ME a33 Commissioners Court Agenda 4 August 2009 Page 2 9. Contract for municipal advertising with The Eagle newspaper with no increase in rates for the period 1 September 2009 to 2 March 2010. 10. Contract with Delucia Mail Service for the processing of mail with no increase in rates for the period of 1 August 2009 through 31 July 2010 with the option to extend the contract for an additional one (1) year term. 11. Manual Requisition in the amount of $13,245.00 to The Pasco Company for purchase of a gas kettle for the Sheriff's Office / Jail. 12. Transfer of authorization for out of state travel (to Boston, MA on 25-27 July 2009; approved on 3/03/09) from Tom Quarles to Lonnie Cammack. 13. Out of state travel request from the Auditor's Office for Katie Conner to attend the 2009 Client Conference in Hershey, PA on 1-4 November 2009. 14. Appointment of Melissa S. Ortiz as a non-paid Deputy Constable in the Precinct 4 Constable's Office. 15. Tax Refund Applications for the following: a. Andrew Quinn f. K. C. Education LLC b. Green Tree Servicing g. Chase Home Finance LLC c. K. D. Remodel & Repair h. Curtis L. & Ann L. Mackey d. 2151 Mortgage Corp. i. Steve J. Garcia e. First American Commercial j. Frank A. Ramsey 16. Commissioners Court minutes for the following 2009 dates: a.. 2 June Regular Meeting f. 26 June Special Meeting b. 9 June Regular Meeting g. 27 June Special Meeting c. 13 June Special Meeting h. 29 June Workshop Session d. 16 June Regular Meeting i. 30 June Regular Meeting C. 23 June Regular Meeting j. 30 June Workshop Session 17. Treasurer's Report for the Month of June 2009 and the quarter ending 6/30/2009. 18. Final Plat of Riverstone Subdivision Phase 2 for the purpose of denoting a floodplain revision only (original plat approved on 3/04/08). Site is located in Precinct 2. 19. Amending Plat of Dilly Shaw Estates Lots 9 and 10, volume 5280, page 269 (Brazos County Official Records), 6.46 acres, j. F. Martin survey, A-34 (City of Bryan ETJ), Brazos County, Texas. Site is located in Precinct 2. 20. Permission for Road &Bridge to proceed with an offer to purchase a portion of the Beal property on Straub Road for County right-of-way. 21. Acknowledgement of the Investment Report for the quarter ending 6/30/2009. VOLPNGE~I Commissioners Court Agenda 4 August 2009 Page 3 22. Acknowledgement of the Monthly Reports submitted in July 2009. These reports are available for review in the County Judge's Office. 23. Announcement of interest items and possible future agenda topics. 24. Call for citizen input and/or concerns. 25. Agency / Board / Committee reports by Court members. 26. Adjourn PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section I 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 decomm 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: I. cancellation ofa 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 §551.042. The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two wortg days before the meeting. Tv make arrangements, please call (979) 361-4102. VOL1a3 PAGE COMMISSIONERS' COURT REGULAR MEETING AUGUST 4, 2009 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 9:00 a.m. on Tuesday, August 4, 2009 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The next matter before the Court was a presentation the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. The County Judge removed this from the agenda. Vol I d3 Page a3L Commissioners Court meeting August 4, 2009 2 The Court next considered Budget Amendment #08/09-44.1 through 44.8 that would reallocate funds for the District Clerk Management Fund, District Clerk, Building Maintenance, Risk Management, Sheriff Office-Jail and General Capital Improvement, County Clerk; and transfer funds from Road & Bridge Department Contingency to Road & Bridge Department General, from General Fund Contingency to Sheriff Administration, to the Road & Bridge Department. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7064637 through 7064867 On motion by Commissioner Peters, seconded by commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. Vol 1 a 3 Page o7_37- Commissioners Court meeting August 4, 2009 3 The next matter before the Court was consideration of the Master Contract between Brazos County and Patrick Gendron and Lane Thibodeaux for legal representation of eligible indigent juveniles. The cost to Brazos County would be $153,000 annually paid in twelve (12) equal installments beginning November 1, 2009 and continuing thereafter until October 1, 2010. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The Court next considered Resolution 09-011 amending and restating the resolutions of March 4, 2009 and April 28, 2009 declaring intention to reimburse certain expenditures. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to adopt Resolution 09-011. A copy is attached. The next matter before the Court was consideration of a contract for Municipal Advertising with The Eagle for a period of September 1, 2009 through March 2, 2010. The rates are as follows: Daily: $12.95 per inch Sunday/Holiday $13.65 per inch Vol 1,23 Page a 3 8 Commissioners Court meeting August 4, 2009 4 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract for municipal advertising and authorized the County Judge to execute the document. A copy is attached. The Court next considered a mail processing contract with DeLucia Mailing Service for the period effective upon Court approval through July 31, 2010. Cost to the County will be twelve percent (120) of the total postage used on County mail as measured by the amounts recorded on the Pitney Bowes mail meter used solely for Brazos County. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the mail processing contract with DeLucia Mailing Service and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a requisition in the amount of $13,245.00 to Pasco Company for a gas kettle for the Jail. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The Court next considered a transfer of authorization for out of state travel from Tom Quarles to Lonnie Cammack. Mr. Quarles was to attend a conference in Boston, Massachusetts but will be unable to do so. Therefor Mr. Cammack will be Vol l ot3 Page X3-9 Commissioners Court meeting August 4, 2009 5 attending instead. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the transfer of authorization from Tom Quarles to Lonnie Cammack. The next matter for consideration by the Court was a request submitted by the County Auditor seeking approval for out of state travel for Katie Conner to travel to Hershey Pennsylvania to attend the 2009 Client Conference the week of November 1 through the 4, 2009. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the County Auditor and approved payment of out of state travel expense for Ms. Katie Conner. The Court next considered a request from Constable Precinct 4 Isaac Butler, Jr. to appoint Melissa S. Ortiz, as a non-paid Deputy Constable. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Constable Butler to appoint Melissa S. Ortiz as non-paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: Vol 1 d3 Page a W) Commissioners Court meeting August 4, 2009 6 a. Andrew Quinn, over payment $40.01 b. Green Tree Servicing, over payment $299.19 c. K.D. Remodel & Repair over payment $28.19 d. 21st Mortgage Corp., over payment $727.58 e. First American Commercial, over payment $2347.93 f. K. C. Education LLC, over payment $22.84 g. Chase Home Finance LLC, over payment $2125.12 h. Curtis L. & Ann L. Mackey, over payment $ 970.31 i. Steve Garcia, over payment $60.74 j. Frank A. Ramsey, over payment $55.58 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the minutes of the Commissioners' Court meetings held in June 2009 on the following dates: Regular Meetings - 2nd 9th 16tH 23rd 30th Special Meetings - 13th, 26th 27th Workshop Sessions - 29th 30th On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the minutes as submitted. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for June 2009. A copy is attached to and made a part of these minutes. Vol 1,23 Page ~2 Jf 1 Commissioners Court meeting August 4, 2009 7 The Court next considered approval of the Final Plat of Riverstone Subdivision Phase 2 for the purpose of denoting a floodplain revision only. The site is in Precinct 2. Richard Vance, County Engineer, offered the following comment: 1. The City of Bryan requested a Letter of Map Revision (LOMR) Through FEMA for floodplain revision as shown on this plat. There are no other changes to the plat. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the final plat of the Riverstone Subdivision Phase 2 as submitted. The Court next considered approval of the Amending Plat of Dilly Shaw Estates Lots 9 and 10, 6.46 Acres in Precinct 2. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the amending plat of Dilly Shaw Estates Lots 9 and 10, 6.46 Acres as submitted. The next matter before the Court was consideration of request from the Road & Bridge Department for permission to proceed with an offer to purchase a portion of the Beal property on Straub Road for County right-of-way. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from the Road & Bridge Department to proceed with an offer to purchase a Vol I a3 Page a 0- Commissioners Court meeting August 4, 2009 8 portion of the Beal property on Straub Road for County right- of-way. The Court acknowledged receipt of the Investment Report for the quarter ending June 30, 2009. A copy is attached to and made a part of these minutes. The Court acknowledged receipt of the Extension Service reports that were submitted during the month of July 2009 and acknowledged receipt of reports from the following County and Precinct offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. Under announcement of interest items and possible future agenda topics the following spoke: Vol I ) 3 Page g4,3- Commissioners Court meeting August 4, 2009 9 Commissioner Mallard a) Announced that the government will give fifty million dollars to A&M University for economic development for medical services on the research campus. It may mean many more manufacturers coming to this area for the testing. There were no Agency/Board/Committee reports by Court members. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) There were 509 inmates in jail, 82 are out of County, 49 have monitors and 29 are pending for monitors. He commended his jail staff in the aftermath of the chemical explosion in their efforts to prepare for evacuation of the jail should it have been required. There being no further business to come before the Court, the meeting was adjourned. Vol I a3 Page The foregoing minutes of the Commissioners Court meeting held August 4, 2009 have been examined and are approved in open Court this the hd day of r, , 2009, in Bryan, Brazos County exa Randy Sim Lloyd W sermann County dge Commissioner, Precinct 1 Du ne Peters Kenny Mallar Commissioner, Precinct 2 Commissioner, Precinct (~E*att~ - I a Caul Commissioner, Pre inct 4 Attest: are McQueen County Clerk ~y Vol l d3 Page ~5 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2009 @ 7 Name Organization / Department l42 v;. o Cw 9cs o v u0 ~Xl t lL ` LD Eetc- -ET 7v% ~eN+I 13 1w~ . PAGE / of 2/ VOLPRGE ip- - BRAZOS COUNTY COMMISSIONERS COURT Meeting o 2009 Name Organization / Department PAGE of BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 44.1 thm 44.8 On this the 4`h day of August 2009 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Irma Cauley, Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 4 August 2009 the Court heard and approved a budget amendment for the 2008-2009 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 19 September 2008, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4`h day of August 2009. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: 4Rys, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes r OL i d3 pht&E 0 8 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 44.1 8/4/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 5001000 61130000 CR Contingency - R&B 11,000.00 0100 56001000 80294000 DR Equipment - Telephone 11,000.00 Road & Brid e To allow for the urchase of tele hone a ui ment at R&B. { pm m^e m „..h Sc4pwctl{ R~ 9's' -f . <x 15A n N, ppd......- "~`iE? av'°IX.ttti~''Zx.s'~i De»}..:' " 'N'~ arfnen ro~ra9 Gw - PyeparedBy=1 iDate /231Z009~ .nn, b»7.,......_u..-.. •+ia... yr t r ` ur'J 'F"~ ~ ;yip m `~T ~^5§r q~ rVOL PJPGGE a ~ 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 44.2 8/412009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 2300 20005000 61130000 CR Contin enc - Dist Clerk M t Prev. 710.00 2300 20005000 67281000 DR Equipment - Electronic 710.00 District Clerk Management Fund To realllocate funds to allow for the urchase of a wireless barcode scanner for the District Clerk stora a area. sn+k"e 3 Department A .ovalDaYe fPre aemp z _ f:aP fDte ~ ~s'7127/2009' u _ u as m' `t`-ato,9sr ay. :.+st i^ s S , .y...av. ~ tCounty.Judge Ap(~roval ,~a ~~a~r z* ~*~,DaYe~ ~N :d ay€s.3'°" Je ~ SN w fi > 3 ~ wry iYKi'`$z ,j, x".e l` t QL l a3 PAGE 250 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 44.3 81412009 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 20000100 65200000 CR Copier Maintenance 2,454.37 0100 20000100 71500000 DR Rental - Equipment 2,454.37 District Clerk To reallocate co ier mainteance to the roper account number as rescribed b the Auditor's Office. x ~-'xr "'4 Pif hF` S' xv:~ ygS yt{x* ie`ti~f 114 s - 1 *g -Fr i n Department,Approyaln _ #M bate" t wr p3f ,1s5. X vp root. s yu 1..~2z.,.- us,..,~w. sw ?repared+By{ 'F #'riF Datey f 71,27/2009; rki...~ ..e..y..' . rxrt s v c K rxc N ~d~al sr ~ 5`~:~ s°rz Ar. z" aQ, Date % 1'=` ~ C}ounty°~ud9 ppro a ~;Lg'v~ ~ 1' `vnNz„,r }i'4"xh'f~''`+^c~a.i..'bi M,L`s wE.'k rVOL_~MPGGE BSI BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 44.4 8/4/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 17000100 59100000 CR DDEA 700.00 0100 17000100 67286000 DR Equipment -Other 700.00 Building Maintenance To reallocate funds to allow for the urchase of e ui ment to detect air condition Freon leaks to allow the Maintenance to make repairs WI t. a x. vm^a. t yr r pw } x- .,w, :'z^'s d^F^ Datg~' „`'~`kr x t ~r _x Department,Approv a_ ~n PITeparouI a z ~fJ Da4e~ « y r`_'' 7127!20091 LAPR'Ilc . County Judg ,Approval sr~ Date & ~~.G W ~ rzWM~.'Jmwd...ur.._ •>.uv. xk'~-a,~i .n m.a~ ~VOL ~a3ME ~5~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 44.5 81412009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 19,500.00 0100 28000100 61880000 DR Utilities 19,500.00 General Fund Contingency and Sheriff Administration To reallocate costs to allow for the additional funds needed for utilities to finish out the remainder of fiscal year. ot" ~'p ~ A zc Iv, Depo artmentAppro if " Date s s} x? a tffp, rPr~eparedBy;~ Typ ;b tee a l 712712009' County) age AppF6.val r Datez a ;t ' 0~ ~0M, a 53 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 44.6 8/4/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 12500100 59100000 ER DDEA 450.00 0100 12500100 60740000 DR Safe Reco ition 450.00 Risk Mana ement To reallocate funds to allow for the urchase of ca s and coffe cu s for safe recognition. g .v_ x. < r s ~ h' Ye..' '"+'S%"a''~ ,mV r;..? is i r t t ske£ w~ erk iDepartmen ,.ppcov far}r i « Date „ ' ? Fk,~ty, t o w r , Prepareci'f~By aDatei. zM a '57/27/20097 M ~County~Judgep"proval~z~ ~ r;~~,Date~ ~'~~t rVOL-10PAGE 5'~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 44.7 8/4/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28002000 59100000 CR DDEA 835.00 0100 91110000 DR Transfer to Capital Improvement Fund 835.00 4500 49028000 CR Transfer fin General Fund 835.00 4500 63000500 80283000 DR E ui ment-Jail 835.00 Sheriff Office. Jail and General Ca ital Im rovement To reallocate funds to allow for the additional cost of a kettle for the Jail kitchen. w ~,a '"ter r"k r Fwak'`~^~ ~t~~~ M1v{a*'y~in`q't"`"~~iti ~ ''.~,;~?i~ x H ,n.1~dyv '°~~1'-~~}°.+ut x ~ ~i .~Ai•-t~'~~J~4~m., n~1'~~ ~U ~F'y~ ~'6~}M.~w d~ ~ Sn-n+', prreparredaBy:,, s # ` '4IJj! :Date " ru®L 03PAGE ol~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 44.8 8/412009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21000100 59100000 CR DDEA 1,500.00 0100 21000100 61801000 DR Travel 1,500.00 Count Clerk To reallocate funds to allow for additional travel cost to attend the Texas College of Probate Jud es annual conference on September 10-12, 2009 in Dallas, Texas. ^m +ar-a +x •xcs 4~ .+^"54,"~`~x~'1 v~-"`r "i4s -•-"'^v... -gSE~x- ^z- r,g ,a. fl i,.s »a "p Y Dated ,~ay`~, a _ DepartmentAppro ~E sPrepared By t~ 4 Sn 071,3012g09G County^:lu e~Approval~;~~~,~ a~==`'~'t`~` a"te£~~~sx~„°; VOL ~W NGE 2~1 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 4, 2009 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Records Management Stevens, Jeannie Other-Step Increase Approved in Commissioners' Court: August 4,2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) sgo T VOL '1a3P c a57 j' RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2008- 44R, new Bid # 2009-48R, Representation of Indigent Juveniles, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2009-48R with no increase in price. The term of this renewal is from October 1, 2009 through September 30, 2010. I understand this agreement will be in effect upon approval by Commissioner's Court. PATRICK GENDRON AND LANE THIBODEAUX uthd ign tore Date D I Authorize Si ature BRAZOSCOUNTY S Randy Simi. County Judge Date i VOL rPAGE a5~ MASTER CONTRACT FOR LEGAL REPRESENTATION OF ELIGIBLE INDIGENT JUVENILES This contract, which is effective upon execution by the Brazos County Commissioners Court, is between Patrick Gendron and Lane Thibodeaux referred to as "Contractors" and Brazos County, a political subdivision of the State of Texas "County." This contract supersedes any and all earlier contracts between these parties for the specified services. WHEREAS, Texas law mandates the provision of legal representation for juvenile indigents accused of a crime; and WHEREAS, pursuant to controlling state and/or federal law, the sum provided for therein may be determined by contract between the County and responsible attorneys; and WHEREAS, Contractors are attorneys who are qualified by reason of education, professional accreditation, experience, preparation, equipment, organization, staffing and facilities to provide the services contemplated by this contract on behalf of the County; and WHEREAS, the County has determined that the program contemplated herein to be performed by Contractor is within its legal authority to grant and will provide competent legal representation to indigent juvenile citizens financially unable to employ counsel; and WHEREAS, the Appointing Authority is the committee of judges comprised of the 85th District Court Judge, 361St District Court Judge, 272nt District Court Judge, Judge of County Court at Law #1, and Judge of County Court at Law #2-1 and WHEREAS, it is in the public interest that the County contract with Contractor to render the usual and customary legal services where required by law to be provided to juvenile individuals, NOW, THEREFORE, the parties hereto agree: Master Contract for Legal Representation of Eligible Indigent Juveniles Page 1 of 15 I. TERM OF CONTRACT The Contractors will begin accepting appointments under this Contract to represent indigent juveniles on October 1, 2009, and will cease to be appointed to cases after September 30, 2010, unless a new contract is entered into between the County and the Contractors before October 1, 2010. The Contract may be extended as provided in Proposal Request No. 2006-036 "Procedures for Renewal of Contract" attached hereto. . II SCOPE OF CONTRACT Legal representation shall be provided as detailed in Proposal Request No. 2006-036. Beginning on the start date of this contract, the Contractors will be jointly appointed counsel to criminally accused juveniles from indigent families. III. MINIMUM ATTORNEY QUALIFICATIONS AND STANDARDS OF REPRESENTATION The minimum attorney qualifications shall be as specified in Proposal Request No. 2006-036. The Contractors shall provide zealous legal services to all clients in a professional, skilled manner consistent with all applicable laws and the Texas Disciplinary Rules of Professional Conduct. IV. DURATION OF REPRESENTATION The Contractors have the responsibility to complete all cases once representation is commenced during the term of the contract. V. SUBSTITUTION OF ATTORNEYS The Contractors shall be substituted only according to the terms as specified in Proposal Request No. 2006-036. Master Contract for Legal Representation of Eligible Indigent Juveniles Page 2 of 15 r 40 VI. CASELOAD LIMITATIONS The maximum number hearings that each attorney is allowed to perform under this Contract are seventy (70) hearings per week. VII. CONFLICTS OF INTEREST The procedures for dealing with conflicts of interest as specified in Proposal Request No. 2006-036 shall be followed. VIII. INVESTIGATORS AND EXPERTS / EXPENSES Pursuant to Proposal Request No. 2006-036, the Contractors will be solely responsible for all routine expenses associated with the representation of indigent juveniles to which appointed. There shall be no additional compensation or reimbursement due on any case without the express, written approval of the Juvenile Court having jurisdiction over the case. IX. COMPENSATION AND PAYMENT PROCESSES The sum $ 153,000.00 is to be paid to the Contractors in twelve (12) equal installments of $12,750 on the 1st of each month beginning November 1, 2009, and continuing thereafter until October 1, 2010. Payment shall be made as specified in Proposal Request No. 2006-036 according to the requirements of the Brazos County. Auditor. Payment is to be made to the "Indigent Juvenile Operating Account" unless otherwise specified by the Contractors. For cases assigned but not disposed within the term of the contract, the Contractors shall be compensated according to the regular schedule of fees for services provided to attorneys representing indigent juvenile clients. Master Contract for Legal Representation of Eligible Indigent Juveniles Page 3 of 15 L_;,&kGE aJnj r X. REPRESENTATION 1. The Contractors reserve the right to designate which attorney shall perform the various aspects of the representation of indigent juveniles. 2. Contractor's legal representation shall be of sufficient quality to meet all constitutional, statutory and case law requirements. 3. Contractor(s) shall complete all legal representation and support services for indigent juvenile individuals if properly appointed to represent such accused consistent with Texas law. Such services shall include but not be limited to: • all necessary court appearances. • legal research. • investigative services if necessary • services of an interpreter which are required outside of court. • preparation and necessary appearances in pretrial or during trial writ proceedings. • preparation of briefs and other necessary legal documents. • defense-required court reporter transcripts not statutorily mandated. assistance to indigents in filing notice of appeal and other legal documents pursuant to 4. Contractor(s) shall render all professional legal services reasonably required from the time of appointment to and including final adjudication or disposition in the Juvenile Court and, as necessary, filing notice of appeal, if any, and other legal documents pertaining thereto. 5. Contractor shall maintain all appropriate attorney case records and shall assure prompt inspection or transmission of copies of same upon order of the Court to any successor Contractor or private counsel on appeal regarding active cases or to the person represented. Master Contract for Legal Representation of Eligible Indigent Juveniles Page 4 of 15 W LM 1 a3G,~ ca XI. INDEPENDENT CONTRACTOR 1. The parties agree that this contract does not create the relationship of attorney and client nor employee and employer between Contractors and the County. Contractors are independent contractors at all times. 2. Each Contractor is shall at all times be, deemed independent and shall be wholly responsible for the manner in which it performs the service required by the terms of this contract. 3. Each Contractor exclusively assumes the responsibility for the acts of its subcontractors, associates and employees relative to the services provided during the term and scope of their employment. 4. Each Contractor shall not delegate or assign any, rights or obligations hereunder, either in whole or in part, without prior written consent of the appointing committee and the County. XII. INDEMNIFICATION Contractors each agree to indemnify, defend, and save harmless the County and to procure and maintain professional liability insurance. XIII. RIGHT OF TERMINATION 1. This contract can be terminated upon thirty (30) days written notice by or to the County. 2. Notwithstanding paragraph (1.) above, failure of either Contractor to comply with the terms of this contract and any reasonable directions by, or on behalf of the County, pursuant thereto, shall constitute a material breach of the contract by Contractor, and, in addition to any other remedy authorized by law, the County shall have the right to terminate the contract immediately. Failure to exercise this right of termination shall not constitute waiver of such right, which may be exercised at any subsequent time. This contract may be terminated, at the option of the County, upon the occurrence of any of the following: Master Contract for Legal Representation of Eligible Indigent Juveniles Page 5 of 15 V-01..WKAE a(n3 a. Violation of any material provisions of the contract; b. Institution of proceedings by, or against, Contractor pursuant to the bankruptcy laws of the United States; C. Suspension of business operations, failure or receivership of Contractor(s) d. Assignment of the contract without prior written approval; e. The institution of disciplinary proceedings against either Contractor by the State Bar of Texas f. The commencement of criminal prosecution of either Contractor or g. Cancellation or other discontinuance of malpractice insurance liability coverage. 3. Upon expiration or termination (by cancellation or otherwise), unless specifically relieved by the Courts, each Contractor shall be required to complete representation of all clients in all cases where previously appointed by the Court. XIV. RIGHT OF AUDIT Contractors will provide to the County Auditor written information regarding hearing outcomes on respective assigned cases every thirty days prior to receiving a disbursement for services performed therein. XV. RECORDS RETENTION Each Contractor shall maintain for a minimum of five (5) years past the date of final payment under this Agreement or until the Juvenile's 21St birthday, whichever occurs later, all records and supporting documents pertaining to Contractor's respective assigned cases. Master Contract for Legal Representation of Eligible Indigent Juveniles Page 6 of 15 l~ . vtll._~P~~E~~ XVI. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County. XVII. NOTICE Except where oral notice is specifically allowed or required under this Agreement, any notice provided hereunder by any party to another shall be in writing and may be either (1) delivered by hand to the party or the party's designated agent; (2) deposited in the United States mail, postage paid; (3) transmitted by telecopy; (4) transmitted by electronic mail transmission, or (5) delivered by a reputable courier service. XVIII. SEVERABILITY In the event that a court finds any provision of this Agreement invalid and/or unenforceable, both parties agree the remaining provisions shall remain valid and in force. XIX. ADDITIONAL TERMS 1. Incorporation of RFP No. 2006-036. Any other requirements of Proposal Request No. 2006-036 that are not specifically noted in this Contract are incorporated into this Contract. 2. Available Funds Contractors expressly acknowledge that all monies paid pursuant to this Agreement shall be paid from budgeted available finds for the current fiscal year of the County. 3. Open Meetings The meetings at which this Agreement was approved by the Participants' governing boards were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code Chapter 551. Master Contract for Legal Representation of Eligible Indigent Juveniles Page 7 of 15 -10 `.1F4a0.1~13~1k a~ lOJ IN WITNESS WHEREOF, the parties hereto have affixed their signatures effective as of the date executed by County. 4Randims,Brazos nt exas By: S~l[Xr County Judge Date Contractor By ck K. G ndron Date/ o ractor By hibodea Da Master Contract for Legal Representation of Eligible Indigent Juveniles I- Page 8 of 15 uOL_j_0(3 PA4 =a~ 4P EXHIBIT "A" LEGAL REPRESENTATION TO INDIGENT JUVENILES REQUEST FOR PROPOSALS NO. 2006-036 BRAZOS COUNTY PURCHASING OFFICE Brazos County Courthouse, Suite 117 Proposal Request No.2006.036 Bryan, Texas 77803 Telephone (979) 361-0290 P '"^-Attorneys are invited to submit orouosals to provide legal representation to indioent juveniles under the Brazos County Indigent Defense Plan which is Fidigent juvenile offenders an 'alternative program' as described in Article 26.04 (g) of the Texas Code of Criminal Procedure and as further specified in this ruling in a Request for Proposal. -This-Proposals will be received at the Brazos County Purchasing Department until 1.30 P. M.. Thursday September 12, 2002 and publicly opened and read aloud at 2.00 P M Thursday September 12. 2002 in the Brazos County Purchasing Department, Suite 117, Brazos County Courthouse, Bryan, Texas, 77803. A. RULE 4-o2 S^' SCOPE OF PROPOSAL FOR CONTRACT ATTORNEYS Upon approval by the Judges of the District Courts and County Courts at Law in Brazos County of an individual or firm selected to provide indigent juvenile representation, the Commissioner's Court of Brazos County may enter into a contract with the selected individual or law firm to provide the majority of all legal representation to Indigent juvenile offenders entitled to representation un the Texas Juvenile Justice Code. During the term of such contract, the contract attomey(s) shall be appointed to represent any juvenile offenders determined to be indigent according to these rules, except: (a) Contract attorneys shall not be appointed or obligated under the contract to provide representation to juvenile charged with delinquent conduct arising from the criminal offense of Capital Murder. (b) Contract attorneys shall not be appointed or obligated under the contract to provide representation to juveniles when the contract attorney or contract firm is disqualified from such representation or has a conflict of interest under the Texas Disciplinary Rules of Conduct. B. CONDITIONS OF PROPOSING The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this proposal request. All Proposers are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. Master Contract for Legal Representation of Eligible Indigent Juveniles Page 9 of 15 Proposal Continuation Sheet Proposal Request No. 2006-036 BRAZOS COUNTY, TEXAS C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. COUNTY - The government of Brazos County, Texas and its authorized representatives. e. PROPOSER -Attomey(s) or Law Firms submitting a proposal. 2. Proposals must be received by the Purchasing Department prior to the time and date specified. If the proposal is received after the designated time, it will be sent back to the Proposer unopened. 3. The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best Interest of the County. 4. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Proposer. Only written specifications and written price quotations will be considered. 5. Brazos County reserves the right to reject any proposal that does not fully respond to each specified item. 6. Proposer must include Employer Identification Number or Social Security Number and signature for the proposal to be valid. T. Should there be a change in ownership or management, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party. a. The County may cancel this contract at any time for any reason, provided a thirty day written notice Is given. 9. The criteria for selection and approval of the individual or firm shall not be based solely upon the low bid. 10. Proposals cannot be altered after receiving time. No proposal may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 11. Proposals will not be considered, if submitted by telephone, fax or any other means of rapid dispatch, nor will a proposal be considered if submitted to any other person or department other than specifically instructed. 12. Proposals must show full fine name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the Proposer. Firm name and authorized signature shall appear In each space provided. Please provide one (1) original and sic (6) copies of your proposal. 13. In the event of a needed change in the specifications sent to the Proposer, it is understood that all the foregoing terms shall apply to the addendum or addenda. 2 Master Contract for Legal Representation of Eligible Indigent Juveniles Page 10 of 15 e`°' It, IT A I Proposal Continuation Sheet Proposal Request No. 2006-036 BRAZOS COUNTY, TEXAS 14. It is our policy not to furnish proposal results over the phone. For Information regarding proposal tabulations please refer to the Brazos County Website fwww.co.brazos.tx.us), to Departments, to Purchasing, and to Bid Tabulation Sheets under Purchasing Menu. This information will be published on the website after Commissioners Court approval. B. Rg' E- " TERMS OF CONTRACT Any contract executed by the Commissioners Court of Brazos County and an attorney or law fine under these roles shall provide: 1. The contract shall provide a set term of one year, not to exceed four years, renewable upon the consent of the District Judges and County Court at Law Judges, the Commissioners Court, and attorney or law firm selected. This Proposal shall be from Oct. 1, 2006 through September 30, 2007. 2. The attorney or law fine selected shall agree to make the representation of indigent juveniles the priority of their practice and file few, if any, motions for continuance in juvenile cases to which they have been appointed on the grounds of a conflicting setting in another court. 3. The attorney or law firm shall agree to meet or exceed the IJA-ABA Standards for Juvenile Justice relating to the quality of service provided by court-appointed attorneys to indigent juveniles. The contract shall state a policy to assure that the attorney or firm selected shall not provide representation to indigent juveniles when doing so would involve a conflict of interest. 4. The attorney or fine selected will be solely responsible for all routine expenses associated with the representation of indigent juveniles to which they are appointed under the contract. Routine expenses include paralegal and secretarial services, library expense, office supply and equipment expenses, telephone services, facsimile transmission services, copying expenses, postage and parcel delivery expenses, transportation expenses incurred within Brazos County and the counties contiguous to Brazos County, and expenses associated with serving subpoenas on and contacting witnesses. Prior written approval by the juvenile court or referee is required for reimbursement of other expenses including investigation and expert witness services. Requests for approval of investigative expenses and expenses for expert testimony shall be fled in an appropriate court setting forth good cause for such Investigation and a justification for cost. There shall be no additional compensation or reimbursement due on any case without the express, written approval of Juvenile Court having jurisdiction over the case. 5. The amount of compensation under the terms of the contract shall be stated in the contract and payable at such frequency as determined by the contract, with no provision for advances. The contract shall require the contract attorney or firm to submit an itemized fee voucher to be approved by the iuvenlle judge prior to being forwarded to the County Auditor for approval and payment 3 Master Contract for Legal Representation of Eligible Indigent Juveniles Page 11 of 15 Proposal Continuation Sheet Proposal Request No. 2006-036 BRAZOS COUNTY, TEXAS Brazos County Auditor P. 0. Box 914 Bryan, TX 77806 6. The contract shall identify the attorneys who will perform legal representation and prohibit the substitution of other attorneys without prior approval by the juvenile court and the Commissioner's Court of Brazos County. Nothing in the contract shall prohibit the contract attorney or firm from being relieved or replaced in accordance with the Texas Family Code or the Texas Code of Criminal Procedure. 7. The contract shall set the maximum number of cases or workload each attorney may be required to handle pursuant to the contract. 8. The contract shall state that two attorneys will be available in Juvenile Court two days a week if more than nine (9) adjudications are set in a four (4) hour period. D. D k-E- 4-QUALIFICATIONS Each attorney appointed to represent an Indigent juvenile under the contract shall meet and maintain throughout such representation each of the following minimum qualifications: 1. Be an attorney licensed to practice law in the State of Texas and maintain that license in good standing throughout the tern of the contract. 2. If only one attorney is contracted, that contract attorney must be a resident of Brazos County, Texas; If a law firm in contracted, the contract firm must maintain its principal office located in Brazos County, Texas. 3. The contract attorney or any member of a contract law finn may not be or have been the recipient of any disciplinary action by the State Bar of Texas or any other attorney licensing authority of any state or the United States. 4. The contract attorney or any member of a contract law firm may not be or have been the recipient of any disciplinary action by the Slate Bar of Texas or any other attorney licensing authority of any state or the United States. 5. The contract attorney or any member of a contract law firm may not have ever been convicted of any felony or misdemeanor involving moral turpitude. For the purposes of the requirement, 'convicted' includes, but is not limited to, searing any period of probation, community supervision, or deferred adjudication supervision under any order of a court of record, regardless of whether the charges were ultimately dismissed or not. 6. The contract attorney or any member of a contract firm may not be currently or at any time during the term of the contract delinquent in the payments of obligations to the State Bar of Texas or to any taxing authority, Including Brazos County, the Stale of Texas and the United States of America. 7. The contract attorney or any member of a contract firm may not be currently or at any time during the term of the contract delinquent in the payment of any child support obligation. 4 Master Contract for Legal Representation of Eligible Indigent Juveniles Page 12 0 5 40 ~'1. vr~r._L 13 PP"GE 27 Proposal Continuation Sheet Proposal Request No. 2006-036 BRAZOSCOLJNTY,TEXAS 8. The contract attorney or contract firm must maintain a policy of malpractice insurance in a coverage amount of each claim of at least $500,000.00. This policy of insurance must survive the termination of the attorneys or firm's contract for any claim arising from actions occurring during the term of the contract. 9. The contract attorney or any member of the contract firm must comply with the minimum continuing legal education requirements of these rules. E. p1LE 4,F PROCEDURE FOR RENEW"' AWARD OF CONTRACT Unless a contract is a renewal of an existing contract under these rules, the following procedures shall be used in awarding contracts to an attorney or law firm: 7. Not later than July 1°1, the County Purchasing Office will prepare and submit to the Commissioner's Court a formal Request for Proposals. Once approved by the Commissioner's Court, the Request for Proposal will be mailed to every licensed attorney residing in Brazos County and to the Brazos County Bar Association. 2. Upon passing of the deadline for submission, the proposals will be reviewed by the Commissioner's Curt and the Judges of the District Courts and County Courts at Law. 1 Once the Commissioner's Court and the Judges of the District Courts and County Courts at Law have had a reasonable opportunity to review the proposals, the Commissioner's Court shall select an individual or firm and submit the selected proposal to the District and County Court at Law Judges for approval. If approved by the District Court and County Court at Law Judges, the Commissioner's Court my accept the proposal of the selected individual or firm and enter into a contract for services In accordance with the requirements of these rules. 4. The criteria for selection and approval of the individual or firm shall not be based solely upon the low bid. Consideration of the selection must be based upon at least the following factors: a. Experience and qualifications of the individual or firm submitting the proposal; b. past performance of the individual or firm submitting the proposal in representing juveniles; c. disciplinary history of the individual or firm submitting the proposal with the state bar; d. ability of the individual or firm submitting the proposal to comply with the terms of the contract; and e. the cost for the services. 5. Upon execution of the contract by the individual or firm selected and the Commissioners Court, the Juvenile Courts will exclusively appoint the contract attorney or law firm, subject to the limitations described in these rules. 5 Master Contract for Legal Representation of Eligible Indigent Juveniles Page 13 of 15 YAG3 Fall Proposal Continuation Sheet Proposal Request No. 2006-036 BRAZOS COUNTY, TEXAS 6. It Is the intent of these rules that the contract be executed prior to the final adoption by the Commissioner's Court of the County's annual budget and that the term of the contract be concurrent with the county's fiscal year. F B1 ° A-.06 PROCEDURES FOR RENEWAL OF CONTRACT 1. Not later than June 1.1 prior to the expiration of the contract, the contract attorney or firm will prepare and submit to the County Purchasing Office a letter of Intent to renew the contract, specifying any proposed changes to the terms of the contract. 2. The County Purchasing Office shall immediately forward to the Commissioner's Court and the Judges of the District Courts and County Courts at Law a copy of the contract attorneys or firm's letter of intent to renew the contract and any proposed changes to the terms of the contract. 3. The Judges of the District Courts and County Courts at Law shall review the contract attorney's letter of intent to renew the contract. If a majority of the judges of the District Courts and County Courts at Law object to renewal of the contract. The Local Administrative District Judge shall prepare and deliver a letter of objection to renewal of the contract to the County Judge no later than July 1st prior to the expiration of the current contract. 4. If no letter of objection by the Judges of the District Courts and County Courts at Law for the renewal of the contract is received by the County Judge by July to prior to expiration of the current contract, the Commissioners Court may renew the contract on such terms that do not conflict with these rules. 5. If a letter of objection by the Judges of the District Courts and County Courts at Law to renewal of the contract is received by the County Judge on or before July 1e prior to expiration of the contract, the process far award on a new contract specified in Rule 4-051e Brazos County Indigent Defense Plan above shall immediately begin. 6. It Is the intent of these rules that any renewal contract be executed prior to the final adoption by the Commissioners Court of the County's annual budget and the term of the contract be concurrent with the county's fiscal year. 6 Master Contract for Legal Representation of Eligible Indigent Juveniles Page 14f 15 MAIO VOL_ Icy ) P6',GE~ z i Proposal Continuation Sheet Proposal Request No. 2006-036 BRAZOS COUNTY, TEXAS I G. QUOTATIONS Please keep in mind that incidental expenses such as copying, telephone, mileage, etc, will not be reimbursed by the County. Expenses that are deemed abnormal or excessive will be reviewed by the Judges of the Juvenile Court on an individual basis. I Proposal for set yearly fee for all cases In one (1) fiscal year, payable on monthly basis. Proposers Response: $ Yearly am nt, paid month . F. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract hat this proposal has not been prepared in collusion with any other Proposer, and that the contents o his proposal have not been communicated to any other Proposer prior to the official opening of this prop sal. Signed By: itle: Typed or Printed Name: Company Name: Phone No, Mailing Address: P, O. Box or Street City State Zip Employer Identification Number. Social Security Number. CORPORATE SE IF SUBMITTED BYA CORPORATION END OF ROPOSAL REQUEST NO. 2006-036 7 / Master Contract for Legal Representation of Eligible Indigent Juveniles Page 15 of 15 1d3 GE3; CERTIFICATE FOR RESOLUTION We, the undersigned County Judge and County Clerk of Brazos County, Texas (the "County") hereby certify as follows: 1. The Commissioners Court of the County (the "Commissioners Court") convened in regular session, open to the public, on U 2009, at the meeting place designated in the notice (the "Meeting"), and the roll was call of the members, to wit: Randy Sims, County Judge Kenny Mallard, Commissioner, Pct. 3 Lloyd Wassermann, Commissioner, Pct. I Irma Cauley, Commissioner, Pct. 4 Duane Peters, Commissioner, Pct. 2 All members of the Commissioners Court were present, except ~/0. thus constituting a quorum. Whereupon among other business, the following was transacted at the Meeting: a written RESOLUTION AMENDING AND RESTATING THE RESOLUTIONS OF MARCH 4, 2008 AND APRIL 28, 2009 DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES (the "Resolution") was duly introduced for the consideration of the Commissioners Court. It was then duly moved and seconded that the Resolution be finally passed and adopted; and after due discussion, such motion, carrying with it the adoption of the Resolution prevailed and carried by the following vote: YES: ~J NOES: ABSTENTIONS: (D 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Commissioners Court's minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Commissioners Court's minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are duly chosen, qualified, and acting officers and members of the Council as indicated therein; each of the officers and members of the Commissioners Court was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting and each of such officers and members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 3. Karen McQueen is the duly elected and acting County Clerk of the County. SIGNED AND SEALED this 4AuCj&t am. 4en McQueen Randy Si County Clerk, Brazos County, Texas Colin udge, Brazos County, Texas (COMMISSIONERS COURT SEAL) Resolution 09-011 I~IS~_[~ FriaK_~7_L RESOLUTION AMENDING AND RESTATING THE RESOLUTIONS OF MARCH 4, 2008 AND APRIL 28, 2009 DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WHEREAS, on March 4, 2008, the Commissioners Court of Brazos County, Texas (the "Commissioners Court") adopted a "Resolution Declaring Intention to Reimburse Certain Expenditures" (the "Reimbursement Resolution"); WHEREAS, on April 28, 2009 the Commissioners Court adopted a "Resolution Amending and Restating the Resolution of March 4, 2008 Declaring Intention to Reimburse Certain Expenditures" (the "First Amended Resolution"); and WHEREAS, the amount anticipated to be borrowed has increased again. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS THAT: Section 1. The First Amended Resolution amended Section 2 of the Reimbursement Resolution is hereby amended to increase the amount therein from $8,000,000 to $10,000,000. The Commissioners Court hereby further amends the Reimbursement Resolution to increase the amount to $12,000,000. Section 2. All other provisions of the Reimbursement Resolution are hereby ratified and confirmed. * « s Resolution 09-011 ~..la-PAGE The Eagle CONTRACT FOR MUNICIPAL ADVERTISING Date: July 21 2009 To earn a reduced rate on municipal display advertising published in The Eagle, the undersigned Advertiser hereby agrees to purchase space in The Eagle and to abide by all terms and conditions of this Contract. Starting Date: September 1 2009 Length of Contract: Seven Months Expiration Date: March 2. 2010 Rate: Daily' $12.95 inch Sunday/ Holiday: $13.65 inch "Note: 7/21/09: Contract expiration date altered by Senior Buyer, Leslie Williams, to match Classified Line-Ad Contract expiration, dated March 2, 2009 and expiring on March 2, 2010. In the proposed system, the City will be guaranteed a set price per inch for the contract period without regard to the number of inches run each month, nor will there be a minimum number of inches required. This contract is based on nine column format. Ads running in retail on six column format would be converted to nine column equivalents and the rate applied (as noted above). A carrying charge of 1Y:% per month will be charged on all accounts not paid in full by the 15th day of the month following advertising insertion. The Advertiser also covenants to pay all costs incurred by The Eagle enforcing this Contract, including collection and attorney's fees (up to 50% of the amount in default) should the Advertiser default in payment. For value received, Advertiser assigns to The Eagle all right, title and interest to all layouts of advertisements placed with The Eagle which represent the creative effort of the newspaper and/or utilization of its own illustrations, labor, composition or material. Advertiser understands that because of said assignment, he cannot authorize photographic or other reproduction of any such advertising layout appearing in The Eagle in any other publication without the express written consent of The Eagle. It is further understood that this assignment does not preclude Advertiser from supplying to other publications similar or identical material or information for production of advertisements by such publications or from suggesting the content or form of such advertisements. If disaster, work stoppage, newsprint rationing, or other emergency shall cause publishing difficulties, the Publisher shall have the right to revise this Contract so as to prorate the available space on an equitable basis. (Please print or type this section) ADVERTISER: Brazos County Auditors ACCT: 01100513 Address: 200 Sou xas ue Br 77803 Signed by: Title: County Judge Randy Sims For The Ea le: Lori Burn - L I /sold by) (approved (date of approval) CC: Legal Clerk-Lori Burns ContractWbcauditors 31 _pP'GE a70 1729 Briarcrest P.O. Box 3000 Bryan, Texas 77805 979) 776-4444 ~.theeagle.com MAIL SERVICE AGREEMENT This contract is between Brazos County, Texas, hereinafter "County", and DeLucia Mail Service, hereinafter "DeLucia", for the purchase of mail operation services, as further described herein. 1. TERM This Contract is for a term of one (1) year, beginning on August 1, 2009 and ending on July 31, 2010. The County may, at its option and with the agreement of DeLucia, extend the period of this Contract for additional one (1) year terms. The County shall notify DeLucia in writing of its intent to extend the Contract period at least thirty (30) calendar days prior to the expiration of the original contract period, or any additional term thereafter. 2. PAYMENT As consideration for performance of the duties described herein, County shall pay DeLucia 12% of the total postage used on Brazos County mail as measured by the amounts recorded on the Pitney Bowes mail meter used by DeLucia for Brazos County mail only. Payment under this Contract shall be made in the manner provided by law. Invoices shall be prepared and submitted in accordance with the instructions provided on the purchase order. Invoices shall contain the following information: contract number, purchase order number, description of services, quantities, unit prices, and extended totals. 3. INDEPENDENT CONTRACTOR DeLucia shall perform all duties stated in the Agreed Scope of Work, Exhibit "A", attached hereto and incorporated herein. DeLucia shall perform services at the location(s) and time(s) stated in Exhibit "A", or in the purchase order requesting such services. DeLucia shall be acting as an independent contractor and not as an employee of the County. As an independent contractor, DeLucia shall have no authority, express or implied, to commit or obligate the County in any manner whatsoever. 4. GENERAL PROVISIONS DeLucia shall operate in accordance with all applicable federal and state regulations. DeLucia shall provide remediation as required. _-_jm-. L_1~13 p;,r, X7_7 ~Y DeLucia shall provide a secure location for document storage if such becomes necessary. DeLucia shall follow all U.S. Postal regulations and comply with the most current edition of the United States Postal Service Domestic Mail Manual. DeLucia shall provide its services, as well as reasonably related services, in accordance with all applicable professional standards of an independent contractor providing mailing services. DeLucia represents and warrants that it has the requisite qualifications, experience, personnel and other resources to perform mailing services as required by this contract. DeLucia shall assign only qualified personnel to perform the services contemplated by this contract. DeLucia, in its reasonable discretion, reserves the right to substitute appropriate key personnel to accomplish its duties so long as the substituted personnel are equally qualified and skilled in the tasks necessary to accomplish the tasks and services required. The Brazos County Purchasing Department will serve as the point of contact between Brazos County and DeLucia. The Purchasing Department shall supervise any review of DeLucia's technical work, deliverables, payment requests, schedules, and similar matters. The Purchasing Department does not have any express or implied authority to vary the terms of the contract, amend the contract in any way or waive strict performance of the terms or conditions of the contract. 5. INSURANCE / INDEMNIFICATION Brazos County shall not be required to purchase any insurance against loss or damage to any personal property to which this contract relates, nor shall this contract require the County to establish a self-insurance fund to protect against any such loss or damage. Subject to the provisions of the Texas Tort Claims Act, DeLucia shall bear the risk of any loss or damage to any personal property in which DeLucia holds title. To the fullest extent permitted by law, DeLucia shall defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorney fees and costs, relating to this contract and caused by the negligence or willful misconduct of DeLucia. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 2of9 PAGE o~ / O DeLucia, at DeLucia's own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Texas and possessing a current A.M. Best, Inc. rating of A+. DeLucia shall annually provide to the County a certificate of insurance evidencing insurance coverage in types and amounts as provided herein. The County shall not be obligated, however, to review such policies and/or endorsements or to advise DeLucia of any deficiencies in such policies and endorsements, and such receipt shall not relieve DeLucia from, or be deemed a waiver of the County's right to insist on strict fulfillment of DeLucia's obligations under this Contract. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of the County, constitute a material breach of this contract. DeLucia's insurance shall be primary insurance as respects the County, and any insurance or self-insurance maintained by the County shall not contribute thereto. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the County. The insurance policies may provide coverage which contains deductibles. Such deductibles shall not be applicable with respect to the coverage provided to the County under such policies. DeLucia shall be solely responsible for the deductible. The policies required hereunder shall contain a waiver of transfer of rights of recovery (subrogation) against the County, its agents, representative, officers, directors, officials and employees for any claims arising out of DeLucia's work or service. Commercial General Liability. DeLucia shall maintain Commercial General Liability Insurance (CGL) and, if necessary, Commercial Umbrella Insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products / Completed Operations Aggregate and a $2,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of the contract. 3 of 9 The policy shall contain a severability of interest provision and shall not contain a sunset provision or commutation clause, or any provision which would serve to limit third party action over claims. Automobile Liability. DeLucia shall maintain Automobile Liability Insurance and, if necessary, commercial umbrella insurance with a combined single limit for bodily injury and property damage of no less than $350,000, each occurrence, with respect to DeLucia's vehicles (including owned, hired, non- owned) assigned to or used in the performance of this Contract. DeLucia waives all rights against the County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial umbrella liability insurance obtained by DeLucia pursuant to this agreement. 6. TERMINATION DUE TO LACK OF FUNDING APPROPRIATION If sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, the County may terminate this agreement at the end of its current fiscal year. The County agrees to give written notice of termination to DeLucia at least 30 days prior to the end of its current fiscal year. The County will pay to DeLucia all regular contractual payments incurred through the end of its current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the County or to DeLucia. 7. RESPONSIBILITY FOR TAXES The County shall not be responsible for, nor indemnify DeLucia for any federal, state, or local taxes which may be imposed or levied upon the subject matter of this contract. 8. TERMS HEREIN CONTROLLING PROVISIONS It is expressly agreed that the terms of each and every provision in this contract shall prevail and control over the terms of any other conflicting provision in any other document relating to and any part of the contract in which the attachment is incorporated. 9. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded r. VOL as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. 10. ESCALATION Any requests for reasonable price adjustments must be submitted thirty (30) days prior to the contract anniversary date. 11. TERMINATION The County may terminate this contract if DeLucia fails to perform or observe any other material term or condition of the contract, and such failure continues for more than ten (10) days after receipt of written notice of such failure from the County or if DeLucia becomes insolvent. 12. OFFSET FOR DAMAGES In addition to all other remedies at law or equity, the County may offset from any money due to DeLucia any amounts DeLucia owes to the County for damages resulting from breach or deficiencies in performance under this contract. 13. SUBCONTRACTING DeLucia may not assign this contract or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County, which consent shall not be unreasonably withheld. 14. AMENDMENTS All amendments to this contract must be in writing and signed by both parties. 15. RETENTION OF RECORDS DeLucia agrees to retain all financial books, records, and other documents relevant to this contract for five (5) years after final payment or until after the resolution of any audit questions which could be more than five (5) years, whichever is longer. If DeLucia's books, records, and other documents relevant to this contract are not sufficient to support and document that requested services were provided, 5 of9~ DeLucia shall reimburse the County for the services not adequately supported and documented. 16. RIGHT TO INSPECT AND AUDIT The County reserves the right to inspect the use of Pitney Bowes meter at DeLucia's place of business and to inspect DeLucia's records of mail metered for the County. DeLucia agrees to allow the county to inspect its premises and operations, including without prior notice the operation of the Pitney Bowes meter and the records related to postal usage for Brazos County mail. 17. SEVERABILITY If any term or provision of this contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 18. NOTICES Notices provided hereunder must be in writing to be effective, and shall be deemed received upon the earlier to occur of (a) actual receipt; or (b) three days after the same are mailed by U.S. certified or registered mail, postage prepaid and return receipt requested, to the following address, or to such other address as shall have been provided by notice: If to DeLucia:` DeLucia Mailing Service 2021 S. Texas Avenue Bryan, Texas 77802 If to the County: Brazos County Brazos County Auditor 200 S. Texas Avenue, Suite 218 Bryan, Texas 77803 19. GOVERNING LAW This contract shall be governed by the laws of the State of Texas and. applicable federal law and shall be fully performable and enforceable in Texas. °VOL_J 3P7',GE_v82--~ '.0- 20. NUMBER OF ORIGINALS This Contract may be executed in multiple copies, each of which shall be considered a true and original copy of this contract. THIS CONTRACT is made and entered into this by and between DeLucia Mail Service and Brazos County. DeLucia Mail Servic Brazo ;o'~ty Scott De ucia Randy , Judge ATTEST: / ATTEST: ~L /Gift- she- L Witness aren McQueen, Brazos County Clerk APPROVED AS TO FORM: Tina S King Assist Cou y Att ornr., 7of9 r aE g3 i1 Fu. t ~ 1 5 5 f3 t t f t f `'n d R vy ~s 4 n Sr~.t s'. { V~ 4 ~dl,;tl M A dt d t x s~ °'3 ~VOL 1a3 EXHIBIT A AGREED SCOPE OF WORK INTENT The intent of this contract is to provide services to facilitate U.S. mail processing and other ancillary mail duties for the Brazos County governmental offices located at the Brazos County Administration Building and the Brazos County Tax Office. DeLucia is an independent contractor and shall be responsible to provide all tools, implements, personnel, supervision, labor, supplies, equipment, vehicles, and all effort necessary to carry out the services as required for this operation except that Brazos County will provide the Pitney Bowes postage meter used to apply postage on the County's mail. DeLucia will affix postage to the mail that he picks up from the Brazos County offices located at 200 S. Texas Ave. (Brazos County Administration building) and 300 E. Wm. J. Bryan Pkwy (Brazos County Tax Office). SCOPE OF SERVICES / TECHNICAL REQUIREMENTS DeLucia will pick up Brazos County's outgoing mail each Monday through Friday (exclusive of Federal and county holidays) between 2:00 p.m. and 2:30 p.m. at two (2) Brazos County locations, to-wit, the Brazos County Administration Building at 200 S. Texas Ave., Bryan, Texas, and the Brazos County Tax Office at 300 E. Wm. J. Bryan Pkwy, Bryan, Texas. When required by special circumstances, DeLucia agrees to accept Brazos County's outgoing mail at DeLucia's location at 2021 S. Texas Avenue, Bryan, Texas when delivered there by Brazos County prior to 4:00 p.m. Outgoing mail delivered to DeLucia prior to 4:00 p.m. will be affixed with postage that same day and delivered to the main Bryan U. S. Post Office for mailing. DeLucia will sort, weigh and affix first class postage to all mail the same day it is picked up from Brazos County. DeLucia will deliver by courier to Gulf Coast Presort, Inc., Houston, Texas, all first class mail weighing two (2) ounces or less which can be bar-coded. Gulf Coast Presort, Inc. will bar-code and deliver the mail to the United States Post Office in Houston, Texas. DeLucia will use the Pitney Bowes meter which bears identification number 0020831 and is leased to Brazos County. He will use the bulk mail permit number issued to Brazos County by the United States Postal Service. rVOL la GE a85 De Lucia will take all mail that is not suitable for bar-coding, to-wit items weighing more than two (2) ounces, or of a non-standard size, or larger than a #10 envelope to the Bryan Main United States Post Office at 2121 E. Wm. J. Bryan Pkwy, Bryan, Texas for mailing on the same day that it is picked up from Brazos County. DeLucia will provide a monthly report showing the number of pieces of mail processed each day, the number of pieces processed for bar-coding and the total amount of postage cost registered by the Pitney Bowes postage meter for the Brazos County mail. Subsequent filling of the meter will be handled as follows: DeLucia shall be responsible for submitting a memorandum to the Brazos County Purchasing Agent at least 30 (thirty) days prior to the projected completed consumption of the postage on the postage meter or when the meter registers less than $7,500.00 in postage. DeLucia shall be responsible for monitoring postage usage and for making a timely request for additional postage. Brazos County will be responsible for adding postage amounts to the Pitney Bowes meter. 9 o 9 IW 8 RENTAL AGREEMENT ADDENDUM TO MAIL SERVICE AGREEMENT This rental agreement addendum contract is part of the Mail Service Agreement entered into between Brazos County, Texas, hereinafter "County" and DeLucia Mail Service, hereinafter "DeLucia" and previously approved by the Commissioners Court. By and through this Rental Agreement Addendum, Brazos County as Lessor, agrees to lease a mail sorter to DeLucia as Lessee. The term of this Addendum shall run concurrent to the term of the Mail Service Agreement, i.e., one (1) year, beginning on August 1, 2008 and ending on July 31, 2009. The County may, at its option and with the agreement of DeLucia, extend the period of this addendum contract for additional one (1) year terms. The County shall notify DeLucia in writing of its intent to extend the Contract period at least thirty (30) calendar days prior to the expiration of the original contract period, or any additional term thereafter. For the lease of the mail sorter, Delucia agrees to pay the sum of $2650.00 annually. The parties understand and agree that this sum constitutes reimbursement to the County for sums paid under a mail sorter maintenance agreement. Therefore, in the event that the price(s) may increase in the future under such mail sorter maintenance agreement, the annual lease amount due under this agreement shall increase accordingly. Lessor shall be responsible for all reasonably necessary repairs, service and/or replacement of the mail sorter in the event of malfunction or performance matters including communication with the service agreement vendor. Lessee will notify the point of contact when repairs are necessary and repairs not covered by the maintenance agreement will be the responsibility of the lessee. Lessee shall be responsible for the purchase(s) of all supplies required for use of the mail sorter. Lessor further agrees to sell to Delucia at a prorated amount based on the quantity remaining in inventory at the time of transfer supplies for the mail sorter that Lessor has in its possession. The selling price will be based on the original cost paid by the County. The agreement made in this provision by Lessor to sell remaining supplies is limited only to the supplies that Lessor presently has on hand and shall not constitute a promise to sell VOLIan nAu 018 -7 discounted supplies indefinitely or after the inventory of supplies on hand is exhausted. The Brazos County Purchasing Department will serve as the point of contact between Brazos County and DeLucia. It is expressly agreed that the terms of each and every provision in this contract shall prevail and control over the terms of any other conflicting provision in any other document relating to and any part of the contract in which the attachment is incorporated. The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. Any requests for reasonable price adjustments must be submitted thirty (30) days prior to the contract anniversary date. The County may terminate this addendum contract and repossess the mail sorter if DeLucia fails to perform or observe any other material term or condition of the contract, and such failure continues for more than ten (10) days after receipt of written notice of such failure from the County or if DeLucia becomes insolvent. In addition to all other remedies at law or equity, the County may offset from any money due to DeLucia any amounts DeLucia owes to the County for damages resulting from breach or deficiencies in performance under this contract. All amendments to this contract must be in writing and signed by both parties. If any term or provision of this contract is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Notices provided hereunder must be in writing to be effective, and shall be deemed received upon the earlier to occur of (a) actual receipt; or (b) three days after the same are mailed by U.S. certified or registered mail, postage P - Z.oLd, :ate. i 1 3 PAGE a88 prepaid and return receipt requested, to the following address, or to such other address as shall have been provided by notice: If to DeLucia: DeLucia Mailing Service 2021 S. Texas Avenue Bryan, Texas 77802 If to the County: Brazos County Brazos County Auditor 200 S. Texas Avenue, Suite 218 Bryan, Texas 77803 This Addendum Contract shall be governed by the laws of the State of Texas and applicable federal law and shall be fully performable and enforceable in Texas. This Addendum Contract may be executed in multiple copies, each of which shall be considered a true and original copy of this contract. THIS CONTRACT is made and entered into this 4 ql')q by and between DeLucia Mail Service and Brazos County. DELUCIA MAIL SERVICE BRAZOS O Scott De cia Randy ms, County Judge ATTEST: ATTEST: Witness aren McQueen, Brazos County Clerk 3 of 3 r - ~et.l13_Pkari Q89 t _ ~VOL)a3PAGE_e3 9-Alp O1 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this 4(L day of~~ CC U~{ A.D. 2009 Karen McQueen County Clerk, County of B~~R`~AZOS, State of Texas Examined and approved in open Commissioners' Court this 401 day of 2 Randy Si , County Judge Lloyd W ssermann, Commissioner Precinct #1 v~ Duane Peters, Commissioner Precinct # Kenny Mallard, missioner cinct #3 Irma Cauley, Commissioner recinct #4 Treasurer's Report for the MONTH of JUNE 2009 AND THE O/E 6/30/09 J h m b P O N ~D 6 O P P 1 aQ N c b m m° vPi vPi .ni N V ~O P P m b N m n P vrvt~l 1 n 0 b tWN +l h m n O M O W n n 4P°O i n iWm/1 M b P m •IW(i N U N P~ N m^^ M N W m W P$ N m Vi N ti O O m W N m M Vl N ~ U O N n m m m m m q a m m W m O Y w M c n 'm O U pf O u~ n m im ~ m m ip m N ~ n m z N N > N mmm~eMPO~~~~~<o n M ~N aoo°°PP Z O m O N M In O O ry b M P~ P' m Q N P W h W h N vl ^ g O m P bm m O 0 P N ~O ym b ti N +t tM O fMl n P m m m O m N T n n M fMl P O W tml b fN O l N .~y °m ~ M O W ti m P P m p~ VI m n ° m m a m M P P O tp N p w 01 O N M h O OWi 1N0 ~ b T m m O O~ iN/1 N O N 01 .P N 0 IP~1 M P m : m q w b m ~ O m IPl N P p m O !V M~ P N rv Pi P O. : a ~ IA .~i O~ M P b V P O~ ~ W N h F C P nl N d' O .~a ° ~ h N m m N N N ti W P b M N Q m M M C O C V U it+ 0 N N m m N b N o b f01 V !~V b °V VWi m N n b N ti n p N o o m N o N O q J ~p O O~ M .-i O~ O Vt P~ ° BOO M fV o 1~ N M N o n N P m' O. 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H .O ~O K °z d LL w ozw~wlga lwiu ot, ~z~~CEoo~zupw z ~;a ~ ~ E r w J m x m Z w m a4 m z o z z a T n ~Sf~a~muoou~o~zwwu ow G m ~ m' 0 CuC S~ m o s ~i w z 7 H p¢3 JooolnFna a waf aozdo~ ~IJgi f~`a o tux rn~5a uuu2,o?mom °>>$f and a7ij 2,~7ilux dx ou t~ v O o O° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O° N O m o O 0 O O o 0 0 0 ~J O N_ O O IO ^ m ° O ON ON I~ I°pV m IOD ~ 0 m 0 .4 N ~ f+°1 M ~f IOD m O N N N M P< C' P P P Vl IO OI OI { ~u° ~143. 7 AE N ICAY HAMILTON o~T~'OFB P y County Treasurer Brazos County Courthouse 200 S. Texas Ave., Suite 240 Bryan, Texas 77803 (979) 361-4340 DATE: July 27, 2009 TO: Hon. Randy Sims, County Judge Hon. Lloyd Wassermann, Commissioner e Hon. Duane Peters, Commissioner Hon. Kenny Mallard, Commissioner Hon. Irma Couley, Commissioner Candy Gallego, Administrative Assistant FROM: Kay Hamilton, County Treasurer RE: Quarter Ending 06/30/2009 Investment Report This report is made in accordance with provisions of Gov.Code 2256, The Public Funds Investment Act, which requires quarterly reporting of investment transactions to the Commissioners' Court. The Brazos County Investment portfolio earned an average yield of 0.4342% on the quarterly average balance of $2,335,805.17 invested with TexPool for the period ending 06/30/2009. Investment interest deposited during the quarter was $2527.74. Actual ending balance for June 2009 was $2, 336,595.34 The average Earnings Credit Rate on checking account interest for the quarter ending 06/30/2009 was 0.5333% netting $130,143.97 on an average depository balance of $97,855,409.07 Total year-to-date interest earned $498,863.80 Investment Strategy In consideration of the current uncertain market conditions, the Brazos County Investment Strategy will remain biased toward safety of County funds first and foremost. As economists continue to anticipate a possible increase in the Fed rate, purchasing securities that would lock in historically low yields for a longer term would represent a maturity risk. It seems prudent, therefore, to protect County funds by keeping the majority of available funds in the County's depository where all funds are 110% collateralized. The County also maintains an investment account with Texpool which, though not collateralized, does provide the safety of an overnight market. At this time, the County's investment strategy remains unchanged with a concentration of County funds in the Brazos County Depository. AZ2EDG! r Sim s, County Judge date VOL ha3 PAGE d9 Y Summary of Portfolio Changes The deposit of interest is the only portfolio change to balances at this time and the Weighted Average Maturity of investments remains at 1 day due to the liquidity of funds invested with TexPool and on deposit at CitiBank of Texas. FY 09 INTEREST RATES AND EARNINGS BY MONTH TexPool Checking Acct Earnings Interest Credit Interest Rate Interest Rate October 2008 3,893.18 1.9762 110,879.51 1.48 November 2008 3,480.54 1.8207 71,380.24 1.02 December 2008 2,935.76 1.4855 34,295.76 0.54 Q/E 12/31/2008 10,309.48 1.7608 216,555.51 1.0133 January 2009 1,885.52 0.9529 35,050.74 0.38 February 2009 1,196.71 0.669 42,255.98 0.48 March 2009 1,146.83 0.5788 57,791.32 0.65 Q/E 03/31/2009 4,229.06 0.7336 135,098.04 0.5033 April 2009 913.53 0.4762 46,749.74 0.56 May 2008 857.92 0.4326 42,641.12 0.51 June 2008 756.29 0.3939 40,753.11 0.53 Q/E 06/30/2008 2,527.74 0.4342 130,143.97 0.5333 Attached are the following reports: 1) Cost Amount Summary of Investments by Fund 2) TexPool Quarter End Activity Report 3) Investments by Fund Group and Strategy Type To the best of our knowledge the investment portfolio in this report conforms in all respects to the Investment Policy of Brazos County and is being managed under the investment strategy of said policy as approved by the Commissioner's Court of Brazos County. X72 0-1.27-Z©o9 Kay Hamilton, County Treasurer Date 6 - a~ - X009 erri White,Chief Deputy Treasurer Date rVOL_Q3PAf%E a q M LLY LO LLY M N ~ r W Y A a ° C h }o 2 c O ° LL E ~ N m y co to U Z CL` W m L y y Y Z L LL C O ° O Q a g x F- 0) N h lr~ Gf Z CO C O Cl) M n m Cc N ° C Q EA L N y c E O ° V E > d c t Y O R W a y N A N U N 1 L •C - d N C y O 0 t IL Y a x w y F O y LL N O > U Y A F m OO M M (V O V M M. M O N. (O W co M LO J,o MO)co co N Q V'~' 7 C"ka N w co 0 C', MM CO rF (V N +cx N I Y N »eavaeivae»E» Mu. 't ~"LA 3'n 'e C4) O M N M O 0 M V,. to M t~. N Ih Z ll~ C7' OJ ~ cc) ' M i0 N GO [I- LL. J ,V. V~ in: <D. J M Cl) f0 M a F C4 N N 0 Z .r i i } I AT to EA Gdv f 9 6-, u ' n U ~,t S~ dst Q ! o 7HH '~r ~5`T S4 ~ ~ 4 0 fa 2 i O CL r z LU W w W rn ,a. N U iV w ,.c) 7 N Q C C3 C C_m LL W 'J CO _ (7 ❑ p:Q `5: A c9d W m 2 O O Q Q a. fgg r ry 9 G 5 yy 2 a.G i~M 0)M 0)MOi W O, O O: O O' O O C) C~ 0 C) ❑ Q i~M(`M~MMM M It 'It LO LO CD CD m 0 0 0 0 0 0 0 INVESTMENTS BY FUND GROUP AND STRATEGY TYPE FUND 1 - POOLED FUND GROUP General Fund $ 2,336,595.34 Health Endowment Fund $ State Lateral Road $ Courthouse Security $ ~ Strategy;~Type* OPERATI,NG Fl1NDS N-31'a NO IRW595 34 General Obligation Debt Svc. $ kS gytrateType~;c ~DEBTSERUICEFUNDS ` ;,~s $ I ;t =fl General Permanent Impv. $ Exposition Center Fund $ StrategyType*~SPECIALaPROJ&PERMIMP,VDEBTr 4$~j °n ; <'f,` h~ , Fund 1A twGrdi`Total ;'a r$2 336 595 34 e;~G"'. a'&... rd~,. ~_ci e:r.m,xWlfesY H..v.., ~c+T'fi rw.,........~*s.,.. STGw,.,4,. n...P.h n,......« a.. a r. Ra..,.,.a.,r, tZ3'i,„.. f.,.. ,•»f. ..,rx BOOK VALUE OF ALL INVESTED FUNDS FOR JUNE 2009 $ 2,336,595.34 WWI