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HomeMy WebLinkAbout2009-09-01-9:00AM-REGULAR r CPTE OFr CYO 1 N o boy 1GQ4 i Lt6 28 P b: 21 rYOF~ i, f,l QVFN t'Q1 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 1 SEPTEMBER 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. i Consider and take action on agenda items 3 - 27: 3. Budget Amendment 08/09 - 48.1 thru 48.11. 4. Personnel Change of Status. 5. Payment of Claims. 6. Order 09-012 requiring the application of the provisions of Subchapter F, Chapter 233 of the Local Government Code relating to residential building code standards, and providing a penalty. 7. Order 09-013 Relocating Temporary Early Voting Polling Place - MSC. Orden 09-013 trasladando sitio de votacion adelantada temporal -,AEC. 8. Order 09-014 Relocating Polling Place for Election Precinct 20. Orden 09-014 para trasladar el sitio de votacion por precinto de elecciones numero 20. Office of the County Judge • 200 South Texas Ave. • Suite 332 . Bryan, Texas 77603 • Fax: (979) 3614503 Commissioners Court Agenda I September 2009 Page 2 9. Order of General Election (Order 09-015). Orden de Eleccion General (Orden 09-015). 10. Proclamation 09-023 declaring 17-23 September 2009 as Constitution Week in Brazos County. 11. Appointment of Eddie D. Lohse as a non-paid Deputy Constable in the Precinct 1 Constable's Office 12. Contract with Traci Thomas to provide the Mentor Program as part of the Juvenile Services and Community Coalition (JSCC) Program; term of agreement is 9/01/2009 through 8/31/2010. 13. Contract with Ingram, Wallis & Co., P.C. for outside auditor services; term of agreement is one (1) year, effective upon approval, with the option to extend the contract for a maximum of three (3) additional terms. 14. Contract with Ingram, Wallis & Co., P.C. for outside auditor services for the Community Supervision and Corrections Department; term of agreement is one (1) year, effective upon approval, with the option to extend the contract for a maximum of three (3) additional terms. 15. Contract with ACS for scanning and recreating Photostat books for the County Clerk's office. 16. Renewal of the Title IV-E Child Welfare Services contract with the Texas Department of Family and Protective Services for FY10 (contract #23380021); term of this agreement is 10/01/2009 through 9/30/2010. 17. Title IV-E Legal Services contract with the Texas Department of Family and Protective Services for FY10 (contract #23380017); term of this agreement is 10/01/2009 through 9/30/2010. 18. Amendment to the contract with Thyssen Krupp for elevator maintenance to include the elevator in the County Administration Building, with a contract term of 10/01/2008 through 9/30/2011 with the option to renew for one (1) additional year. 19. Amendment to the contract with Greenway Constructors, Inc. dated 8/08/2009 removing the requirement of a payment and performance bond for design services and for pre-construction services, thereby reducing the bond amount to $940,000.00 to cover construction only. 20. Renewal of Bid 2007-038, Uniform Rental, with Aramark for two (2) additional years (10/01/2009 through 9/30/2011) with new bid #2009-49R and no change in rate. 21. Permission to advertise Bid 2009-54, Renovation of the Brazos County Courthouse, Phase I and fl. Commissioners Court Agenda 1 September 2009 Page 3 22. Tax Refund Applications for the following: a. Countrywide Home Loans (2) j. Ruth Koslosky b. J. Vernon & Joan W. Bailey k. Lanelle Wagner c. B/CS Starter & Alternator Service 1. Evan S. Laughton (2) Armature Sales m. Janie N. Ortiz d. Gayla Butler Banks n. Andy's Auto Repair e. Pransong & Rebecca Buranakittipinyo o. S WA Oil & Gas LTD (2) f. Agnitek LLC p. Cheryl Dix g. Steve A. Bruce Jr. & Kathy Brown Hintzel q. Leonard Cunzalo (2) h. Alan D. & Nancy J. Waldie r. Faye N. Williams (2) i. Barbara Hollingsworth Knowles 23. Acceptance of Special Warranty Deed from Karla Ann Seeton for improvements to Straub Road located in Precinct 1. 24. Payment Authorization in the amount of $3,475.00 to Maurice E. Dennis for expert testimony in the trial State vs. Aaron Somers for the District Attorney's Office; the invoice exceeded the amount of the purchase order. 25. Payment Authorization in the amount of $12.44 to The Police and Sheriff's Press for a secure ID card needed for an investigator in the District Attorney's Office; a purchase order was not obtained in advance. 26. Convene into Executive Session pursuant to §551.087 of the Texas Government Code to discuss economic development negotiations. 27. Consider and possible action on the Executive Session. 28. Acknowledgement of the Order Determining Compensation of the County Auditor and Assistant County Auditors for FYI 0. 29. Acknowledgement of the Order Determining Compensation of Court Reporters for FY10. 30. Acknowledgement of the Monthly Reports submitted in August 2009. These reports are available for review in the County Judge's Office. 31. Announcement of interest items and possible future agenda topics. 32. Call for citizen input and/or concerns. 33. Agency / Board / Committee reports by Court members. 34. Adjourn tkj_ Commissioners Court Agenda 1 September 2009 Page 4 PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and 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 rates may result in the following sanctions: 1. cancellation of a speakers 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 working days before the meeting. To make arrangements, please call (979) 361-4102. i~q'.;[ Ida COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 1, 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, September 1, 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. Under citizen input/and or concerns, the following spoke: Andy Merritt a. Discussed the inspection program and offered information on businesses outside of the county. The Court next considered Budget Amendment #08/09-48.1 through 48.11 that would reallocate funds for Building Maintenance, Purchasing, Brazos Center, District Clerk- Vol I A4 Page (?3 Commissioners Court meeting September 1, 2009 2 Collections, County Clerk, County Court at Law #1, Justice of the Peace, Precinct 2, Place 2, Sheriff Department-Special Investigation Unit; and transfer funds from Contingency to Court & Jury Services, Sheriff Office-Jail Division, 361st District Court. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendments 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 Wassermann, seconded by Commissioner Peters, 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: 7065568 through 7065815 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of Order 09-012 requiring the application of the provisions of Subchapter F, Chapter 233 of the Local Government Code relating to residential building code standards and providing Vol J.D4 Page 8 y Commissioners Court meeting September 1, 2009 3 a penalty. Commissioner Peters moved to adopt Order 09-012. Commissioner Cauley seconded the motion. After considerable discussion, and on motion by Commissioner mallard, seconded by Commissioner Cauley, the Court voted unanimously to amend the original motion to have it include the 2003 International Residential Code and the 2002 International Electrical Code. Then the court voted unanimously to adopt the order. A copy is attached. The next matter before the Court was consideration of Order 09-013 Relocating Temporary Early Voting Polling Place- MSC. The Memorial Student Center (MSC) on the Texas A&M Campus, College Station, Texas is undergoing long term improvements. A temporary early voting polling place is currently located at the MSC. As a convenience to the voters, the Commissioners Court wishes to relocate the temporary branch early voting polling place from the MSC on the Texas A&M Campus to Rudder Tower, likewise located on the Texas A&M Campus. On motion by Commissioner Cauley, seconded by commissioner mallard, the Court voted unanimously to relocate the temporary branch early voting polling place from the MSC on the Texas A&M Campus to Rudder Tower and that submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. Vol 1;)9 Page I L5 Commissioners Court meeting September 1, 2009 4 requesting the preclearance of the Order pursuant to Section 5 of the Federal Voting Rights Act. A copy is attached. The next matter before the Court was consideration of Order 09-014 Relocating Polling Place for Election Precinct 20. The polling place for Election Precinct 20 is currently located in the Memorial Student Center (MSC) on the Texas A&M Campus, College Station, Texas. The MSC is undergoing long term improvements. As a convenience to the voters, the Commissioners Court wishes to relocate the polling place for Election Precinct 20 from the MSC on the Texas A&M Campus to Rudder Tower, likewise located on the Texas A&M Campus. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to relocate the polling place for Election Precinct 20 from the MSC on the Texas A&M Campus to Rudder Tower and that submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of the order pursuant to Section 5 of the Federal Voting Rights Act. A copy is attached. The Court next considered adopting an Order of General Election. The election is to be held on November 3, 2009, in Brazos County, Texas for the of adopting or rejecting the proposed Constitutional Amendments as submitted by the 81st Vol 0141 Page f(a Commissioners Court meeting September 1, 2009 5 Legislature, Regular Session of the State of Texas. Early voting by appearance will be held at the following locations: 1. Brazos County Administration Building, 200 South Texas Avenue, Bryan, Texas 2. Arena Hall, N. Earl Rudder Freeway and Tabor Road, Bryan, Texas 3. Galilee Baptist Church, 804 N. Logan, Bryan 4. Lincoln Center, 1000 Eleanor, College Station 5. Rudder Tower, Texas A&M University, College Station On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to adopt the order of General Election. Let the record show that the Brazos County Administration Building will be a site for early voting rather than the Brazos County Courthouse. A copy is attached. The Court next considered Proclamation 09-023 marking the two hundred twenty second anniversary of the drafting of the United States Constitution by the Constitutional Convention. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt Proclamation 09- 023 and urges our citizens to reaffirm the ideals which the framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained and to express gratitude for the privilege of being Vol a~ Page 187 Commissioners Court meeting September 1, 2009 6 an American in a Republic that functions under the oldest Constitution still in active use today. The Court next considered a request from Constable Precinct 1, Archie Clark, to appoint Eddie Lohse, as a non- paid Deputy Constable. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Constable Clark to appoint Eddie Lohse as a non-paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Traci Thomas for Mentoring Services for the Juvenile Services Department. This is to provide six (6) one hour workshops for each phase of the JSCC program. The term of the Agreement is for twelve (12) months, commencing September 1, 2009 and ending August 31, 2010. Cost to Brazos County is $570.00 per workshop. Commissioner Cauley asked about Ms. Thomas's credentials and if probation officers provide training. Commissioner Peters moved to approve. The County Judge seconded the motion. Commissioners Wassermann, Peters, Mallard and the County Judge voted "Aye". Commissioner Cauley voted "No". The motion carried. Vol I a q Page I Commissioners Court meeting September 1, 2009 7 The Court next considered entering into contract with Ingram, Wallis & Co., P.C for the purchase of outside audit, accounting and/or consulting services. The term of the contract is for one year commencing on the date of signing and ending twelve months thereafter with an option to extend the contract for a maximum of three (3) additional terms. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a contract with Ingram, Wallis & Co., P.C. for the purchase of outside audit, accounting and/or consulting services with the Community Supervision and Corrections Department. The term of the contract is for one year commencing on the date of signing and ending twelve months thereafter with an option to extend the contract for a maximum of three (3) additional terms. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to remove this item from the agenda. The next matter before the Court was consideration of a contract with ACS for scanning and recreating Photostat books for the County Clerk's office. This will be done in two Vol 199 Page M Commissioners Court meeting September 1, 2009 8 phases with Phase 1 costing $24,707.73 and Phase 2 costing $67,298.00. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract with ACS and authorized the County Judge to execute the document. A copy is attached. The Court next considered the renewal of the Title IV-E Child Welfare Services contract with the Texas Department of Family and Protective Services for FY10. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to renew the Title IV-E Child Welfare Services contract with the Texas Department of Family and Protective Services for FY10 and authorized the County Judge to execute the document. A copy is attached. The Court next considered the renewal of the Title IV-E Legal Services contract with the Texas Department of Family and Protective Services for FY10. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to renew the Title IV-E Child Welfare Services contract with the Texas Department of Family and Protective Services for FY10 and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of an amendment for the elevator maintenance contract with Thyssen Vol ,Jc Page M Commissioners Court meeting September I, 2009 9 Krupp. The amendment will add the Administration Building elevator to the maintenance contract. The cost of the additional elevator will be $395 per month. Commissioner Mallard asked the Risk Manager about liability coverage and if we had a Certificate of Insurance on file for their liability. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the amendment and authorized the County Judge to execute the document. A copy is attached. The Court next considered an amendment to the contract with Greenway Constructors, Inc. dated August 8, 2009 removing the requirement of a payment and performance bond for design services for pre-construction services. By approving this amendment it will leave a remaining bond amount of $940,000 to cover the construction only. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the amendment and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of the renewal of Bid 2007-038, Uniform Rental for two additional years at the same rate. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously Vol ,gPage l R I Commissioners Court meeting September 1, 2009 10 to renew Bid 2007-038, Uniform Rental. The new bid number will be 2009-49R. The next matter for consideration was approval for the Purchasing Agent to advertise Request for Proposal 2009-054, Renovation of the Brazos County Courthouse Phase I and II. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for proposals for the renovation of the Brazos County Courthouse. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Countrywide Home Loans (2), over payment $132.43 & $262.35 b. J. Vernon & Joan W. Bailey, over payment $59.93 c. B/CS Starter & Alternator Service Armature Sales, over payment $46.93 d. Gayla Banks Butler, over payment $28.28 e. Pransong & Rebecca Buranakittipinyo, over payment $1,069.62 f. Agnitek, over payment $1,189.65 g. Steve A. Bruce, Jr. & Kathy Brown Hintzel, over payment $11.07 h. Alan D. & Nancy J. Waldie, over payment $238.33 i. Barbara Hollingsworth Knowles, over payment $6.00 j. Ruth Koslosky, over payment $23.27 k. Lanelle Wagner, over payment $65.42 1. Evan S. Laughton (2), over payment $131.01 & $132.35 m. Janie N. Ortiz, over payment $26.85 n. Andy's Auto Repair, over payment $56.58 o. SWA Oil & Gas LTD (2),over payment $6.00 & $99.19 p. Cheryl Dix, over payment $11.85 q. Leonard Cunzalo (2),over payment $24.97 & $6.49 r. Faye N. Williams, over payment (2)$12.00 &$12.00 Vol I q Page 1 gI a Commissioners Court meeting September 1, 2009 1 l On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The Court next considered acceptance of a Special Warranty Deed for right-of-way on Straub Road in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to authorize the County Judge to accept on behalf of Brazos County a Special Warranty Deed from Karla Ann Seeton for the expansion and improvements to Straub Road. The next matter before the Court was consideration of a payment authorization in the amount of $3,475.00 to Maurice E. Dennis, an expert witness in an intoxicated man slaughter case. The invoice exceeded the amount of the purchase order. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization in the amount of $12.44 to The Police and Sheriffs Press for an ID card for an investigator. A purchase order was not obtained in advance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. Vol 1 a q Page 19 3 Commissioners Court meeting September 1, 2009 12 The County Judge then deviated from the agenda and took up item 32 citizen input and/or concerns. The following spoke: Sheriff Chris Kirk a) There are 507 inmates in jail, 52 are housed out of county, 50 are on electronic monitoring and 41 are pending monitoring. b) He announced that Chief Deputy Clyde Collins will be retiring early October. He stated that he hates to see him go. The County Judge next went back to item 26 the executive session. At 9:56 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss economic development negotiations as allowed under Section 551.087 of the Texas Government Code. Tina Snelling, County Attorney, Civil Division, Irene Jett, Budget Officer, Candy Gallego, Executive Assistant, Debbie Lockledge, Administrative Assistant, Katie Conner, Auditor, Bill Ballard, County Attorney, Civil Division and Bill Jeanes, Risk Manager were asked to stay for the session. At 10:24 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. Vol i -;~q Page 194 Commissioners Court meeting September 1, 2009 13 The Court acknowledged receipt of the order determining Compensation of the County Auditor and Assistant County auditors for FY10. The Court acknowledged receipt of the Order determining Compensation of the Court Reporters for FY10. The County Judge stated that he appreciated the District Judges understanding of the economic issues facing the county. The Court acknowledged receipt of the Extension Service reports submitted in August 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. There were no announcements of interest items and possible future agenda topics. Vol 1 Page 1 Ct 5 Commissioners Court meeting September 1, 2009 14 Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) In August he attended a TxDOT meeting on the High Speed Rail. He will be partnering with TxDOT in presenting transportation budget requests for the transportation bill. There being no further business to come before the Court, the meeting was adjourned. Vol ! a Page ! (n The foregoing minutes of the Commissioners Court meeting held September 1, 2009 have been examined and are approved in open Court this the 17+- day of(jL-h,r, 2009, in Bryan, Brazos County, Texas. Randy Sim Lloyd Wassermann County J dge Commissioner, Precinct 1 Duane Peters Kenny Mall d Commissioner, Precinct 2 Commissione Precin t 3 I a Cau Commissioner, ct 4 Attest: a en McQueen County Clerk Vol ( a+ Page 117 BRAZOS COUNTY COMMISSIONERS COURT Meeting on 29:1 ~y,/ 2009 @ 9 0 f Name Organization / Department h M En~rrt /~SOEcr~n- k W C t CA, Sees ~ ~ - 6444 c. c PAGE of IqR BRAZOS COUNTY COMMISSIONERS COURT Meeting on 2009 @ 2 `©C7 Name /JOrganization / Department CltG G.r. I,.p ~ ft.oa.d -l- grid .pe t -.e c j- Z- 4~X LA, Cb ~,cs~ PAGE of BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09 - 48.1 thru 48.11 On this the 1' day of September 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 I September 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 I" day of September 2009. THE COMMISSIONER COURT OF BRAZOS COUNTY, TEXAS. By: Randy i s, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes v1.'~', r ~C~C7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 48.1 9/1/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 12,500.00 0100 20010000 61410000 DR Jurors- Grand Jury 1,500.00 0100 20010000 61415000 DR Jurors - Petit Jury 11,000.00 General Fund Contingency and Court & Jury Services To move funds to meet the needs of the office for the remainder of the fiscal year. , N-11 SA,* rti~z~5 i .1/' ' DepartmentApproval~s~-~~g~ ",~~~y°~,`,aate~;;~„~w,~u x,~xi Prepared By sf tfjP8l27/09 Date .-{w 8/20%2009; yM*x r':. ~.y~q ,er .rte'{k,y~`a fi,'=: iM "5£E« WE sCounty<*Judge „p~oval~ Date k4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 48.2 91112009 FUND DIV ACCT PROJ R/C ACCOUNT NAME Increase Decrease 0100 17000100 65050000 CR Building Maintenance 555.00 0100 17000100 67286000 DR Equipment - Other 555.00 Building Maintenance To reallocate funds to allow for the purchase of a night drop safe for the Justice of the Peace Pct. 4. 4. u:"~km".f .^~..'c'`c5}..iC C,v.. iK+~,.G#»,+7~..-t~+.~7`r, a~,.~'v#-:':-0_..a,. `,r.-:+`'~2 artment:.A royal y~.,~u; m~ ~;~,~~.1~„~"`,,::yDate~„2 isz~,+~-~', ~Preparedr,By a;~ ,fj Date k~w .,=8 27/2009; '2r }ie"~'$.X rg.^ '3rr` n o--~ys ~ ~4 4-000 Cvunty~`Jucl9e a proval~'~,~i`~„~-~ ~Y~• ~ ` :Date3"~ "_='4~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 48.3 9/1/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 40,000.00 0100 28002000 71050000 DR Contract Inmate Housing 40,000.00 General Fund Contingency & Sheriff Office: Jail Division To reallocate funds to allow for the housin of inmates out of county. This allows forapproximate] 30 da s of inmate housin . TRW h 7 4r $'d °au~l ,.N' S'e k luii °D ate . inent Appn yal g r> 4' D ert PDrepa"` d By Ifs at Y~ 8/27/2009? e 1 5_ ~ I _,~t ! 9 -P ,isir qa~l ab3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 48.4 9/1/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 165000100 59100000 CR DDEA 2,000.00 0100 165000100 61801000 CR Travel 565.00 0100 165000100 67203000 DR Minor Computer Hardware 2,565.00 Purchasing To reallocate funds to allow for the purchase of 3 scanners for use in the Purchasing Department. WIN ~DepartmentzApproval P epared ; 51-ii J Nn 1"A D _te , 8/27/2009 m- 4 r wM r3r'if 'v* County~Jud Approva lW- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 48.5 911/2009 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 36500100 65400000 CR Grounds Maintenance 5,916.86 0100 36500100 67286000 DR Equipment - Other 5,916.86 Brazos Center To reallocate funds to replace equipment stolen over the weekend of 8/22/09. p t'FS$ t ♦1 i C~" INTO i~~ aT- 9r t` r i r,~°, .)i~::a`'.Fi.~`"~ ...da ; tDepartmen_tdAppr vagfik~s,;, WE~Dafe ~ r Prepared Bys, ~v ~`g i ~ x swl % i ~ ,µ,s8/217/2009 _ Date F;,~* +sr r,,, °'S r _ g1~ug55' - sw. ,iy7 `$l~' mar.-s^r i~LT An no F~ r""♦ r'c ' a`.. tom" x $CountyFj -yd AppFovalK,"k ? F pa~ tee' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 48.6 9/1/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 6 20020000 60500000 CR Office Equipment 400.00 0100 20020000 67281000 DR Equipment - Electronic 400.00 District Clerk Collections To reallocate funds to allow for the purchase of a shredder for use in the Collections Department. 1P'repared$By. W - ~,k4- -'ifj Qate " ~hr# 812712o0si W~ jv~v. z ,ounty Judged pproval } Date r lad gas , BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 48.7 9/1/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21002000 52700000 CR Election Workers 3,560.00 0100 21002000 53100000 DR Social Security 3,560.00 County Clerk To reallocate funds to cover shortage in social security account. ~c y wxv 5'aC s. i'~*iYw f~c~ a~,``~-~~K ~rS ~aMd',t ,.",'Crnx4-~r• ~ ,y'~~ ~`P x S r Cougw"A- pproual {Date* x , BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 48.8 9/V2009 FUND DN ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 23000200 61110000 CR Conference & Fees 60010 0100 23000200 61801000 CR Travel 50100 0100 23000300 61900000 CR Visiting - Court Reporters 2,000.00 0100 23000300 61110000 CR Conference & Fees 335.00 0100 23000100 67342000 DR Furniture 3,100.00 0100 23000100 60360000 DR Furniture 335.00 County Court at Law #1 : Matzke To rellocate funds to allow for the purchase of furniture from the correct accounts. r m' < .tb ~ Yr"},u c3s`^ , ~ < "x' s?+ as ate' t s Prepared By '`iFj x^'r a+e - taus t-., `itX`.+K E s. {a -"F -R.'~ w it~'•-Sri .a~; ~ r~`k~. t. n ~ x'~`= Id ~1 ' x.0-7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 48.9 9/112009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency -General Fund 2,049.00 0100 22200100 51642000 DR Visiting Baliff 1,900.00 0100 22200100 53100000 DR Social Secuirty 145.00 0100 22200100 53800000 DR Worker's Compensation 4.00 General Fund Contingency and 361ST District Court To allocate additional funds for the increased need of a visiting Baliff during this year during a murder trial which took 2 weeks to conduct voir dire. An additional baliff was needed during this time to cover the regular court docket. In additiona, this year the court has needed two balifis during large jury selections. "firms `1 , 62 NW Depart nteApProval~,%~s"~s'r~;~'s~r~Date yep y 10 154 *J e Date - z~ 812 712 0 0 91 ~ ft '.CauntyfJud rA_proval~"eDatg° BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 48.10 91112009 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 24201200 51610000 CR Hourly - Staff 2,046.00 0100 24201200 51630000 DR Hourly - Part time 2,046.00 Justice of the Peace Pct. #2.2: Munoz To reallocate funds to for the reclassification of CLk 1- JP 2.2 from full time to part time as approved by Commissioner Court on August 25, 2009 for the remainder of the fiscal year. s ~ is Y YIf21 >`.`S~a 41 1F FS i3TS4d'A C Fi:x R. :L: De a rnent AA rovala ~ ~ 1 P Al S Date MPS Da " te - .._uE_3.._. 'L ~ 'T •~~'i ~4 U ~t L ice. - ~ E~ il ,County~Jyd'Approval ~j~'~-~'~" Date~;,~~^, 9 j-q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 48.11 9/1/2009 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3202 282300 65550000 CR Radio Maintenance 1,900.00 3202 282300 67670000 DR Printers 1,900.00 Brazos County SIU To reallocate funds to allow for the replacement of 3 printers. Wre Date 'r ~w ~n~s/2812009` -..v wz.u..ah 6s PERSONNEL CHANGE OF STATUS REQUESTS Frportse mmissioner Court Date: September 1, 2009 pament Submitting Information: Human Resources of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Ag Extension Hoyt, Gina Promotion County Attorney Ballard, William Transfer Win Dept. Bailey, Brenda Transfer Win Dept. Risinger, Brian Transfer Win Dept. Eplen, Rebecca Transfer Win Dept. Barton, Matthew Transfer Win Dept. District Attorney Morin, Angelica Promotion Martinez, Olga New Hire Juvenile Services - Detention Smith, Alexander Resignation Approved in Commissioners' Court: September 1, 2009: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) r OFT . o soh r oa BRAZOS COUNTY BRYAN, TEXAS STATE OF TEXAS COUNTY OF BRAZOS § ORDER NO. 09-012 REQUIRING THE APPLICATION OF THE PROVISIONS OF SUBCHAPTER F, CHAPTER 233, LOCAL GOVERNMENT CODE RELATING TO RESIDENTIAL BUILDING CODE STANDARDS AN ORDER requiring the Application of the Provisions of Subchapter F, Chapter 233, Local Government Code, relating to Residential Building Code Standards, and providing a penalty. 1. The Commissioners Court of Brazos County, Texas does hereby adopt this Order requiring the application of the provisions of Subchapter F, Chapter 233, Local Government Code, in the unincorporated areas of this County. 2. A builder, subject to the provisions of this Order, shall provide notice to the County on a form prescribed by the County of. a. the location of the new residential construction; b. the approximate date by which the new residential construction will be commenced; and c. agree to follow the 2003 version of the International Residential Code and the 2002 version of the National Electrical Code for any new residential construction before commencing construction. 3. Not later than the 10" day after the date of the final inspection, the building shall submit notice of the inspection stating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction in a form required by the County to: a. the following County employee, department or agency: Brazos County Road & Bridge Deoartment, and b. the person for whom the new residential construction is being built, if different from the builder. 4. Failure to provide a notice required under this Order is a Class C Misdemeanor. This Order shall be effective upon its adoption by the Commissioners Court and its publication once in a newspaper of general circulation in the County. ADOPTED this I" day of September, 2009 by a vote of SJ ayes and (J nays. Rand ims, County Judge ATTEST: {aren McQueen, County C rk ORDER RELOCATING TEMPORARY EARLY VOTING POLLING PLACE WHEREAS, the Commissioners Court of Brazos County, Texas has established four temporary early voting polling places in various locations in Brazos County; and WHEREAS, the Commissioners Court is desirous to comply with section 85.062(d)(2) of the Texas Election Code which requires locating one temporary branch early voting polling place in each Commissioner Precinct; and WHEREAS, it is recommended that the temporary early voting polling place currently located at the Memorial Student Center (MSC), on the Texas A&M Campus, College Station, Texas, be moved due to long term improvements being made to the Memorial Student Center (MSC); and WHEREAS, the Commissioners Court is desirous of relocating the temporary branch early voting polling place from the Memorial Student Center (MSC), on the Texas A&M Campus, College Station, Texas to the Rudder Tower, on the Texas A&M Campus, College Station, Texas, for the convenience of the voters; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to section 85.062(d)(2) of the Texas Election Code that one temporary branch early voting polling place be established in each Commissioner Precinct in Brazos County; and THAT the temporary branch early voting polling place currently located in the Memorial Student Center (MSC), on the Texas A&M Campus, College Station, Texas be relocated to the Rudder Tower, on the Texas A&M Campus, College Station, Texas; and Order 09-013 THAT submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. ADOPTED this S~ day of September, 2009 by a vote of J`l AYES and y NAYS. ATTEST: dy Sim , County Judge Karen McQueen, County Clerk Id q 3 Order 09-013 4E ORDER RELOCATING POLLING PLACE FOR ELECTION PRECINCT 20 WHEREAS, there exists at the present time a certain polling place which can not be used for the purpose of conducting elections; and WHEREAS, the polling place for Election Precinct 20 is currently located in the Memorial Student Center (MSC), on the Texas A&M Campus, College Station, Texas; and WHEREAS, for the convenience of the voters it is recommended that Election Precinct 20 be conducted in the Rudder Tower, on the Texas A&M Campus, College Station, Texas, be moved due to long term improvements being made to the Memorial Student Center (MSC); and WHEREAS, Texas A&M University has agreed to allow the polling place for Election Precinct 20 to be located in the Rudder Tower, on the Texas A&M Campus, College Station, Texas: NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, THAT: Pursuant to chapter 43 of the Texas Election Code that the location of the polling place be relocated in Brazos County to wit: THAT the polling place for Election Precinct 20 be located in the Rudder Tower, on the Texas A&M Campus, College Station, Texas; THAT submission be made to the Assistant Attorney General, Civil Rights Division, Voting Section, Department of Justice, Washington D.C. requesting the preclearance of this Order pursuant to Section 5 of the Federal Voting Rights Act. x4 Order 09-014 ADOPTED this day of September, 2009 by a vote of _32_AYES and C/ NAYS. ATTEST: Randy S' County Judge 2" Karen McQueen, County Clerk Order 09-014 CLC VVSYJ Prescribed by Secretary of State Sections 3.004, 1006, 85.004 Texas Election Code 82004 ORDER OF GENERAL ELECTION (ORDENDE ELEMON GENERAL) An election is hereby ordered to be held on November 3, 2009, in Brazos County, Texas for the purpose of Adopting or rejecting the proposed Constitutional Amendments as submitted by the 81s` Legislature Regular Session, of the State of Texas. (Una elecci6n se manda a efectuarse el 3 de Noviembre de 2009, en el Condado de Brazos, Texas par el prop6sito de Adoptar o Rechazar las Enmiendas Constitucionales propuestas tal Como fueron submitidas par la 81" Legislatura, Sesi6n Regular, del Estado de Texas.) Early voting by personal appearance will be conducted at: (La votacion adelantada en persona se Ilevara a Cabo de Lunes a Viernes en:) Brazos County Administration Building, 200 South Texas Ave., Bryan Arena Hall, N. Earl Rudder Frwy and Tabor Road, Bryan Galilee Baptist Church, 804 N. Logan, Bryan Lincoln Center, 1000 Eleanor, College Station Rudder Tower, Texas A&M University, College Station October 19, 2009 - October 23, 2009 (el 19 de octubre de 2009 - el 23 de octubre de 2009) October 26, 2009 - October 30, 2009 (el 26 de octubre de 2009 - el 30 de octubre de 2009) Applications for a ballot by mail should be mailed to: (Las solicitudes para boletas que se votaran adelantada por correo deberan emiarse a:) Karen McQueen, County Clerk 300 E. 26 h St., Ste. 120 Bryan, Texas 77806-0111 Applications for ballots by mail must be received no later than the close of business on: (Las solicitudes para boletas que se votaran adelantada par correo deberan recibirse para elfin de las horas de negocio el:) October 27, 2009 (el 27 de octubre de 2009) Issued this the / sF day of September, 2009 de septiembre de 2009) (Emitado este dia Sr Randy Sims, razos County Judge (Juez del Condado de Brazos) L 77 STATE OF TEXAS § COUNTY OF BRAZOS § Traci Thomas Mentor Program Non-Residential Services September 1 2009- August 31, 2010 This agreement is entered into by and between the Brazos County Juvenile Board at the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation") and Traci Thomas ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide one workshop for each phase of the JSCC program. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2009, and ending August 31, 2010. ARTICLE III SERVICES 3.01 The service providers shall: A. Provide six (6) hour workshop for each phase of the JSCC program B. Accept all juveniles assigned to the program and ensure each participates in workshop. C. Service Provider shall provide regular progress reports after each workshop. D. Service Provider agrees to cooperate fully with any program evaluation instigated by Juvenile Probation. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete workshop. 2. Prevent re-referrals of children during the six (6) months following completion of workshop. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures: 1. The total number of juveniles completing workshop. 2. The total number of re-referrals of children completing workshop within six months of completion. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of juveniles who successful complete workshop. 2. Percentage of juveniles who have completed workshop and not re- referrals within six (6) months of completion. 4.02 Service Provider shall report on an annual basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration for the above-mentioned services, Juvenile Probation agrees to pay Service Provider $570.00 per workshop. 5.02 Service Provider agrees to reduce the amount of each invoice for services by that amount received from other sources for said services. (Reimbursement terms for contractors NOT serving clients) OR 5.02 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and l a`~ a 1-7 complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) of the parties receiving the services, the dates and times services were provided. (Reimbursement terms for contractors serving clients) 5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to the hours worked, attributed to specific clients if appropriate; date service was rendered; the hourly rate; the total daily cost; and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.04 Service Provider agrees to make claims for payment or direct any payment disputes to the Juvenile Probation Fiscal Officer. Service Provider will not contact other Juvenile Probation employees regarding any claims for payment. 5.05 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. Y.4: ARTICLE VI EXAMINATION AND RETENTION OF RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to,review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.03 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to juveniles involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. Pail t-2i ARTICLE VIII DUTY TO REPORT 8.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that is under the supervision of Juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Brazos County Sheriff's Office); and B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979)- 823-4211. ARTICLE IX DISCLOSURE OF INFORMATON 9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; dab E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. G. All notices to the Brazos County Juvenile Services Department shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the Executive Director, Douglas Vance. Further each notice will be sent by certified or registered mail, addressed to 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 to the Office of the County Judge, Randy Sims. ARTICLE X EQUAL OPPORTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. Ids .~r ~a1 ARTICLE XI ASSIGNMENT & SUBCONTRACT 11.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XII OFFICIALS NOT TO BENEFIT 12.01 No officer, employee or agent of Juvenile, Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIII DEFAULT 13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms. C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 13.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XIV TERMINATION 14.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 14.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XV WAIVER OF SUBROGATION 15.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVI INDEMNIFICATION 16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Brazos County and Juvenile Probation for any act(s) of commission or omission of Brazos County's or Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. 13~- ~ aa3 ARTICLE XVIII REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos, or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement; and D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. 1A aa~ ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXI ADDITIONAL TERMS 21.01 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 21.02 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid or application is not ineligible to receive the specified grant, loan or payment and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. 21.03 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIII PRIOR AGREEMENTS SUPERSEDED 1a`~-_ aas 23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. ARTICLE XXIV AMENDMENTS 24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. EXECUTED IN DUPLICATE [or TRIPLICATE - see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZOS COUNTY (l TRACI THOMAS BY: BY: Randy Sims ounty Judge Traci Thomas Full Title C~ BY: " v B Doug Vanc Ci ' ` ivis' n, azos my Chief Probation Officer Brazos County Juvenile Services Department la~l - : aa-co .<Jyp ~ sue[ ~ ~ t'ti j: T r y N Vs Ix~q e q. Y5 ~ c X° k r~ BRAZOS COUNTY JUVENILE SERVICES BUSINESS ASSOCIATE AGREEMENT A. Acknowledgment of HIPAA Obligations and Other Regulations Implementing the Health Insurance Portability and Accountability Act of 1996 (42 U S.C. §1320(d) "HIPAA"l. The parties acknowledge that federal regulations relating to the confidentiality of individually identifiable health information require covered entities to comply with the privacy standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160 and 164, subparts A and E ("the Privacy Rule") and the security standards adopted by the U.S. Department of Health and Human Services as they may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C ("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any applicable state confidentiality laws, require Covered Entity to ensure that business associates who receive confidential information in the course of providing services on behalf of Covered Entity comply with certain obligations regarding the confidentiality of health information. "Covered Entity" and "Business Associate" are defined in the HIPAA Rules, and for the purposes of this Agreement, shall refer to Brazos County Juvenile Services and Service Provider, respectively. B. Purposes for which Protected Health Information MU Be Used or Disclosed. In connection with the services provided by Business Associate on behalf of Covered Entity pursuant to this Agreement, Covered Entity may use and disclose protected health information ("PHI"), as defined in the HIPAA Rules, to Business Associate for the purposes of performing a court-ordered mental /psychological evaluation. C. Business Associate Obligations. Business Associate agrees to comply with applicable federal and state confidentiality and security laws, including, but not limited to the Privacy Rule and Security Rule, including without limitation: 1. Use of PHI. Business Associate shall not use PHI except as necessary to fulfill the purposes of this Agreement. Business Associate is permitted to use and disclose PHI as necessary for the proper management and administration of Business Associate or to carry out its legal responsibilities and its responsibilities under this Agreement. However, Business Associate shall in such case: (a) provide training to members of its workforce regarding the confidentiality requirements in the HIPAA Rules and this Agreement; (b) obtain reasonable assurances from the person to whom the information is disclosed that it will be held confidential and further used and disclosed only as required by law or for the purpose for which it was disclosed to the person or entity; (c) agree to notify the Covered Entity of any instances of which it is aware in which the PHI is used or disclosed for a purpose that is not otherwise provided for in this Agreement or for a purpose not expressly permitted by the HIPAA Rules; and (d) ensure that all disclosures of PHI are subject to the principle of "minimum necessary use and disclosure," i.e., only PHI that is the minimum necessary to accomplish the intended purpose of the use, disclosure, or request maybe disclosed. 2. Disclosure to Third Parties. If Business Associate discloses PHI received from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, to agents, including a subcontractor, Business Associate shall require the agent to agree to the same restrictions and conditions that apply to Business Associate under this Agreement. Business Associate shall ensure that any agent, including a subcontractor, agrees to implement reasonable and appropriate safeguards to protect the confidentiality, integrity, and availability of the electronic PHI that it creates, receives, maintains, or transmits on behalf of the Covered Entity. Business Associate shall be fully liable to Covered Entity for any acts, failures or omissions of the Agent in providing the services as if they were Business Associate's own acts, failures or omissions, to the extent permitted by law. Business Associate further expressly warrants that its Agents will.be specifically advised of, and will comply in all respects with, the terms of this Agreement. 3. Data Aggregation. In the event that Business Associate works for more than one Covered Entity, Business Associate is permitted to use and disclose PHI, but only in order to analyze data for permitted health care operations, and only to the extent that such use is permitted under the HIPAA Rules or the issuing court's orders. 4. De-identified Information. Use and disclosure of de-identified health information is permitted, but only if (i) the precise use is disclosed to Covered Entity and permitted by Covered Entity in its sole discretion and (ii) the de-identification is in compliance with 45 CFR §164.502(d), and any such de-identified health information meets the standard and implementation specifications for de-identification under 45 CFR, §164.514(a) and (b). 5. Notice of Privacy Practices. Business Associate shall abide by the limitations of any Notice of Privacy Practices ("Notice") published by the\Covered Entity of which it has knowledge. Covered Entity shall provide to Business Associate such Notice when it is adopted. Any use or disclosure permitted by this Agreement may be amended by such Notice. However, the amended Notice shall not affect permitted uses and disclosures on which Business Associate relied prior to such notice. 6. Withdrawal of Consent or Authorization. In the absence of applicable court orders governing the Business Associate's responsibilities, if the use or disclosure of PHI in this agreement is based upon an individual's specific consent or authorization for the use of his or her PHI, and the individual revokes such consent or authorization in writing, or the effective date of such authorization has expired, or the consent or authorization is found to be defective in any manner that renders it invalid, Business Associate shall, if it has notice of such revocation, expiration or invalidity, to cease the use and disclosure of any such individual's PHI except to the extent it has relied on such use or disclosure, or where an exception under the Privacy Rule expressly applies. 7. Use or Disclosure That Would Violate HIPAA. Business Associate is prohibited from further use or disclosure of PHI in a manner that would violate the requirements of the HIPAA Rules if the PHI were used or disclosed by the Covered Entity. 8. Safeguards. Business Associate shall maintain appropriate safeguards to ensure that PHI is not used or disclosed other than as provided by this Agreement or as Required by Law. Business Associate shall implement administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any electronic PHI it creates, receives, maintains, or transmits on behalf of Covered Entity. 9. Records Management. Upon termination of this Agreement, Business Associate agrees to return or destroy all PHI received from Covered Entity that Business Associate maintains in any form and shall comply with federal and state laws as they may be amended from time to time governing the maintenance or retention of PHI. If the return or destruction of PHI is not feasible, Business Associate agrees to extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible. 10. Individual Rights Regarding Designated Record Sets. If Business Associate maintains a designated record set (as defined in the HIPAA Rules) on behalf of Covered Entity, Business Associate agrees as follows: (a) Correction of PHI. Business Associate agrees that it will amend PHI maintained by Business Associate as requested by Covered Entity. (b) Individual Right to Copy or Inspection. Business Associate agrees that, if it maintains PHI in a designated record set for the Covered Entity, it will permit an individual to inspect or copy PHI about the individual in that set under conditions and limitations required under 45 CFR §164.524. The Covered Entity is required to take action on such requests as soon as possible but not later than 30 days following receipt of the request. Business Associate agrees to make reasonable efforts to assist Covered Entity in meeting this deadline, to the extent the requested information is maintained by Business Associate and not the Covered Entity. The information shall be provided in the form or format requested, if it is readily producible in such form or format; or in summary, if the individual has agreed in advance to accept the information in summary form. A reasonable, cost-based fee for copying health information may be charged. (c) Individual Right to Amendment. Business Associate agrees, if it maintains PHI in a designated record set, to make amendments to PHI at the request and direction of Covered Entity pursuant to 45 CFR §164.526. If Business Associate maintains a record in a designated record set that is not also maintained by Covered Entity, Business Associate agrees that it will accommodate an individual's right to have access to and amend PHI about the individual in a designated record set in accordance with the Privacy Rule set forth at 45 CFR §164.526, unless the regulation provides for a denial or exception that applies. 11. Accounting of Disclosures. Business Associate agrees to make available to the individual and/or the Covered Entity from whom the PHI originated, information required for an accounting of disclosures of -~_1ay: X31 PHI with respect to the individual, in accordance with 45 CFR §164.528, and incorporating exceptions to such accounting designated under the regulation. Such accounting is limited to disclosures that were made in the six (6) years prior to the request (not including any disclosures prior to the compliance date of the Privacy Rule). (a) Covered Entity is required to take action on such requests as soon as possible but not later than 60 days following receipt of the request. Business Associate agrees to use its best efforts to assist Covered Entity in meeting this deadline. (b) Such accounting must be provided without cost to the individual or Covered Entity if it is the first accounting requested by an individual within any 12 month period; however, a reasonable, cost-based fee may be charged for subsequent accountings if Business Associate informs the individual in advance of the fee and is afforded an opportunity to withdraw or modify the request. (c) Such accounting shall be provided as long as Business Associate maintains the PHI. D. Internal Practices Books, and Records. Business Associate shall make available its internal practices, books, and records relating to the use and disclosure of PHI received from, created, or received by Business Associate on behalf of the Covered Entity to the U.S. Department of Heath and Human Services or its agents for the purpose of determining the Covered Entity's compliance with the HIPAA Rules, or any other health oversight agency, or to the Covered Entity. E. Indemnification. To the extent permitted by law, Business Associate agrees to indemnify and hold harmless Covered Entity from and against all claims, demands, liabilities, judgments or causes of action of any nature for any relief, elements of recovery or damages recognized by law (including, without limitation, attorney's fees, defense costs, and equitable relief), for any damage or loss incurred by Covered Entity arising out of, resulting from, or attributable to any acts or omissions or other conduct of Business Associate or its agents in connection with the performance of Business Associate's or its agents' duties under this Agreement. This indemnity shall apply even if Covered Entity is alleged to be solely or jointly negligent or otherwise solely or jointly at fault; provided, however, that a trier of fact fmds Covered Entity not to be solely or jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be construed to limit Covered Entity's rights, if any, to common law indemnity. layaa Covered Entity shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of Business Associate. Covered Entity shall provide Business Associate with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist Business Associate in establishing a defense to such action. These indemnities shall survive termination of this agreement and Covered Entity reserves the right, at its option and expense, to participate in the defense of any suit or proceeding through counsel of its own choosing. F. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules, Business Associate agrees to mitigate any damage caused by such breach. G. Rights of Proprietary Information. The Covered Entity retains any and all rights to the proprietary information, confidential information, and PHI it releases to Business Associate. H. Termination for Breach. Without limiting the termination provisions herein, if Business Associate breaches any provision in this Section entitled "Use and Disclosure of PHI", Covered Entity may, at its option, access and audit the records of Business Associate related to its use and disclosure of PHI, require Business Associate to submit to monitoring and reporting, and such other conditions as Covered Entity may determine is necessary to ensure compliance with this Article; or Covered Entity may terminate this Agreement on a date specified by Covered Entity. 1. Reference. Any reference in this Section entitled "Use and Disclosure of PHI" means the section of the Privacy Rule or the Security Rule, as applicable, as in effect or as amended. J. Amendment. Business-Associate and Covered Entity agree to take such action as is necessary to amend this Section entitled "Use and Disclosure of PHI" from time to time in order to allow Covered Entity to comply with the HIPAA Rules and any\applicable state confidentiality laws. K. Precedent and Ambig \ . I If any term of this Section entitled "Use and Disclosure of PHI" conflicts with another term of this Agreement, the term contained in this Section/ shall be controlling. Any ambiguity in this Section entitled "Use and Disclosure of PHI" shall be resolved to permit Covered Entity to comply with the HIPAA Rules. L. Survival of Key Provisions. The provisions of this Section entitled "Use and Disclosure of PHI" shall survive the termination of this Agreement. 4-1, Accepted: Business Associate yb / ul y { YP'p r~~ ~ t~Y P N~ ~ ft yA z 'x t ^ d 5 _c h y a5 Y s F ?t, ty ~a 1+; CONTRACT FOR OUTSIDE AUDITOR SERVICES This Contract is entered by and between Brazos County ("County"), a political subdivision of the State of Texas, and Ingram, Wallis & Co., P.C., a Texas corporation ("Contractor") for the purchase of audit, accounting and/or consulting services. 1.0 TERM 1.1 This Contract is for a term of one year, beginning on the date of the signing of this Contract by the County Judge and ending twelve months thereafter. 1.2 The County may, at its option and with the agreement of the Contractor, extend the period of this Contract for additional terms up to a maximum of three (3) additional years, (or at the County's sole discretion, extend the contract on a month- to-month bases for a maximum of six (6) months after expiration). The County shall notify the Contractor 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. 2.0 PAYMENT 2.1 As consideration for performance of the duties described herein, County shall pay Contractor the sum(s) stated in Exhibit "A." 2.2 Payment shall be made with thirty (30) days of Contractor's presentation of a properly completed invoice and approval by the County Commissioners Court. Invoices shall contain the following information: Contract number, purchase order number, item numbers, description of supplies and/or services, sizes, quantities, unit prices, extended totals and any applicable sales/use tax. 2.3 INVOICES AND PAYMENTS: 2.3.1 The Contractor shall submit two (2) legible copies of their detailed invoice before payment(s) can be made. At a minimum, the invoice must provide the following information: 2.3.1.1 Company name, address and contact 2.3.1.2 County bill-to name and contact information 2.3.1.3 County purchase order number 2.3.1.4 Invoice number and date 2.3.1.5 Payment terms 2.3.1.6 Date of service or delivery 2.3.1.7 Quantity (number of days or weeks) 2.3.1.8 Description of Purchase (product or services) 2.3.1.9 Pricing per unit of purchase 2.3.1.10 Freight (if applicable) Contractfor Outside Auditor Page 1 of 10 2.3.1.11 Extended price 2.3.1.12 Mileage w/rate (if applicable) 2.3.1.13 Arrival and completion time (if applicable) 2.3.1.14 Total Amount Due 3.0 DUTIES 3.1 The Contractor shall perform all duties stated in Exhibit "B." 3.2 The Contractor shall perform services at the location(s) and time(s) stated in Exhibit "B," or as otherwise directed in writing. 3.3 During the Contract term, County shall provide Contractor's personnel with adequate workspace, if necessary, for consultants and such other related facilities as may be required by Contractor to carry out its contractual obligations. 4.0 TERMS & CONDITIONS 4.1 INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless County, its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney fees, court costs, expert witness fees, and the cost of appellate proceedings, relating to, arising out of, or alleged to have resulted from the negligent acts, errors, omissions or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify and hold harmless County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property, including loss of use resulting there from, caused by any negligent acts, errors, omissions or mistakes in the performance of this Contract including any person for whose acts, errors, omissions or mistakes Contractor may be legally liable. Contract for Outside Auditor Page 2 of 10 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. The scope of this indemnification does not extend to the sole negligence of County. 4.2 INSURANCE REQUIREMENTS: Contractor, at Contactor'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 B++6 or better. In lieu of State of Texas licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Texas, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 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 County, constitute a material breach of this Contract. Contractor's insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County's right to coverage afforded under the insurance policies. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contactor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self- insured retentions by a surety bond or an irrevocable and unconditional letter of credit. County reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. County shall not be obligated, however, to review such policies and/or endorsements or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of County's right to insist on strict fulfillment of Contractor's obligations under this Contract. The insurance policies required by this Contract, except Workers' Compensation' 1 and Errors and Omissions, shall name County, its -ag ra a , dditional Insureds. Contractfar Outside Auditor Page 3 of 10 l a~ a 37 The policies required hereunder, except Workers' Compensation, and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor's work or service. Contractor is required to procure and maintain the following coverages indicated by a checkmark: 4.2.1 Commercial General Liability. Commercial General Liability insurance and, 000 for each ococmmncea Umbrella 000 insurance with a limit of not less than $1, Products/ Completed Operations Aggregate, and $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, and shall not contain any provision which would serve to limit third party action over claims. There shall be no endorsement or modification of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 4.2.2 Automobile Liability. Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor's owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor's work or services under this Contract. 4.2.3 Workers' Compensation. Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services under this Contract; and Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. Contractor waives all rights against County and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers' Compensation and Employer's Liability or commercial umbrella liability insurance obtained by Contractor pursuant to this Contract. 4.2.4 Errors and Omissions Insurance. Errors and Omissions insurance and, if necessary, Commercial Umbrella insurance, which will insure and provide coverage for errors or omissions of the Contractor, with limits of no less than $1,000,000 for each claim. Contradfor Outside Auditor Page 4 of 10 1~~ ~P X38 4.2.5 Certificates of Insurance. 4.2.5.1 prior to commencing work or services under this Contract, Contractor shall have insurance in effect as required by the Contract in the form provided by the County, issued by Contractor's insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract .are in full force and effect. Such certificates shall be made available to the County upon 48 hours notice. BY SIGNING THE AGREEMENT PAGE THE CONTRACTOR AGREES TO THIS REQUIREMENT AND UNDERSTANDS THAT FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS CONTRACT. In the event any insurance policy (ies) required by this Contract is (are) written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 4.2.5.2 Cancellation and Expiration Notice. Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty (30) days prior written notice to the County. Contract far Outside Auditor Page 5 of 10 VOL 1~q PAGE ~23 el S M ) > e.<y. ti rf F. . Lti Y G f k rh Yv' r s ( y N 11 {1}~. 41. Q.r .t ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID GO DATE(MMIDOIYYYY) INGRA-2 OB 25/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Anco Insurance B/CS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 3889 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Bryan TX 77805 Phone: 979-776-2626 Fax: 979-774-5372 INSURERS AFFORDING COVERAGE NAIC # INSURED - INSURER A: Hartford/Direct Bill INSURER B: In ram Wallis & CO. , Inc. INSURER C: 2100 Villa Maria, Suite 100 INSURER D: Bryan TX 77802 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK -POLICY LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/~D/YY DATE MWDD LIMITS GENERAL LIABILITY MBen. RENCE S 1000000 A X COMMERCIAL GENERAL LIABILITY 61SBANQB455 10/10/08 10/10/09 PREMISES (Fe occurenca) $ 300000 CLAIMS MADE ~ OCCUR Dne Person) $10000 ADV INJURY $ 1000000 X 10/10/2004 EPLI R GREGATE $2000000 GENL AGGREGATE LIMIT APPLIES PER: OMP/OP AGG $ 2000000 POLICY jE OT F-] LOC . 5000 EPLI AUTOMOBILE LIABILITY COMBINED SINGLE LIMB A ANY AUTO 61SBAN98455 10/10/08 10/10/09 (EaaccidenQ $ 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (PeraccidenQ $ PROPERTY DAMAGE $ (Per asidenU GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESSNMBRELLA LIABILITY EACH OCCURRENCE S 1000000 A X OCCUR F-ICLAWSMADE 61SBAN98455 10/10/08 10/10/09 AGGREGATE $ 1000000 8 DEDUCTIBLE $ X RETENTION $10000 S WORKERS COMPENSATION AND TORYUMFS ER A EMPLOYERS'LIABIDTY 61WECEX9658 10/10/06 10/10/09 E.L EACH ACCIDENT $500000 ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER'MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $500000 If yes, describe under SPECIAL PROVISIONS below E L DISEASE- POLICY LIMIT $500000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Brazos County is provided Additional Insured status (except Workers' Compensation) and provided a Waiver of Subrogation 5 coverage is primary (General 5 Auto Liability) as respects to the operations of the Named insured but limited to the extent requried by written contract. CERTIFICATE HOLDER CANCELLATION BRAzsTx SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Brazos County IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 200 South Texas Avenue Bryan TX 77803 REPRESENTATIVES. AUTHORI P SEnNTA~TIVE Wry ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) , 4.6 NOTICES: All notices given pursuant to the terms of this Contract shall be addressed to: For County: County of Brazos Attn: Randy Sims, County Judge 200 South Texas Ave., Suite 332 Bryan, TX 77803 For Contractor: Thomas A. Wallis Ingram, Wallis & Co., P.C. 2100 East Villa Maria, Suite 100 Bryan, TX 77802 4.7 PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract expiration date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. If County agrees to the adjusted price terms, County shall issue written approval of the change. The reasonableness of the request will be determined by comparing the request with the (Consumer Price Index) or by performing a market survey. 4.8 TERMINATION FOR CONVENIENCE: The County reserves the right to terminate the Contract, in whole or in part at any time, when in the best interests of the County without penalty or recourse. Upon receipt of the written notice, the Contractor shall immediately stop all work, as directed in the notice, notify all subcontractors of the effective date of the termination and minimize all further costs to the County. In the event of termination under this paragraph, all documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the County upon demand. The Contractor shall be entitled to receive just and equitable compensation for work in progress, work completed and materials accepted before the effective date of the termination. 4.9 TERMINATION FOR DEFAULT: 4.9.1 In addition to the rights reserved in the Contract, the County may terminate the Contract in whole or in part due to the failure of the Contractor to comply with any term or condition of the Contract, to acquire and maintain all required insurance policies, bonds,. licenses and permits, or to make satisfactory progress in performing the Contract. The Procurement Officer shall provide written notice of the termination and the reasons for it to the Contractor. Contract for Outside Auditor Page 6 of 10 . Iay X43 4.9.2 Upon termination under this paragraph, all goods, materials, documents, data and reports prepared by the Contractor under the Contract shall become the property of and be delivered to the County on demand. 4.9.3 The County may, upon termination of this Contract, procure, on terms and in the manner that it deems appropriate, materials or services to replace those under this Contract. The Contractor shall be liable to the County for any excess costs incurred by the County in procuring materials or services in substitution for those due from the Contractor. 4.9.4 The Contractor shall continue to perform, in accordance with the requirements of the Contract, up to the date of termination, as directed in the termination notice. 4.10 OFFSET FOR DAMAGES; In addition to all other remedies at law or equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance under this contract. 4.11 ADDITIONS /DELETIONS OF SERVICE: The County reserves the right to add and/or delete products and/or services provided under this Contract. If a requirement is deleted, payment to the Contractor will be reduced proportionately to the amount of service reduced in accordance with the proposal price. If additional services and/or products are required from this Contract, prices for such additions will be negotiated between the Contractor and the County. 4.12 SUBCONTRACTING: The Contractor 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 shall not be unreasonably withheld. All correspondence authorizing subcontracting must reference the Proposal Serial Number and identify the job project. Contract for Outside Auditor Page~7f of 10 44 4.13 AMENDMENTS: All amendments to this Contract must be in writing and signed by both parties. W 4.14 RETENTION OF RECORDS: <f ~~rH/ s~u!✓ ~c~~i~~ C{~r,=f u~' ~4~ The Contractor agrees to retain all fmancial books, records, and other documents relevant to this Contract in accordance with the ' ^ ` ° eeefds ^""''""1 sehe4l a'----`- r°'-~'-=` " The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. If the Contractor's books, records and other documents relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Brazos County for the services not so adequately supported and documented. 4.15 AUDIT DISALLOWANCES: If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify the Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. 4.16 SEVERABILITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 4.17 RIGHTS IN DATA: The County shall own have the use of all data and reports resulting from this Contract without additional cost or other restriction except as provided by law, Each party shall supply to the other party, upon request, any available information that is relevant to this Contract and to the performance hereunder. Contract for Outside Auditor Page 8 of I o 1 I . T;o;, lay 4.18 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. In the event of any conflict between this agreement and other terms and provisions of attached or integrated agreements, this terms of this agreement shall be construed to take precedence. All words and terms herein shall be construed without regard to any presumption or rule requiring construction against the drafter. The captions and section headings are for convenience only and do not form a part of, and shall not be used in construing this agreement. 4.19 GOVERNING LAW: This Contract shall be governed by Texas law. Venue for any action or lawsuit involving this Contract will be in Brazos County, Texas. 4.20 Incorporation of documents: The following are attached to and made a part of this Contract. 4.20.1 Exhibit A, Pricing 4.20.2 Exhibit B, Scope of Work 1lJI ~,.u~uu~~ , Contractfor Outside Auditor Page 9 of 10 ,s-: Pq IN WITNESS HEREOF, this Contract is executed on the date(s) set forth below: CONTRAC OR, Tho as Wallis, Date Ingram, Wallis & Co., P.C. 2100 East Villa Maria, Suite 100 Bryan, TX 77802 BRAZO O Randy S' County Judge Date 200 So Texas Avenue, Suite 332 Bryan, Texas 77803 ATTEST: L' C Karen McQueen Brazos County Clerk Contract far Outside Auditor Page 10 of 10 is 4 r, s 4 ly f ~ '~a x * kv 5 ~ 1 i uY ~ h t y ~ .that x J MgtYL~V vow, EXIMIT A OUTSIDE AUDIT, ACCOUNTING AND CONSULTING SERVICES PRICING SHEET: CONTRACTOR NAME: Ingram, Wallis & Company, P.C. CONTRACTOR VENDOR # : CONTRACTOR ADDRESS: 2100 E. Villa Maria Ste. 100; Bryan, TX 77802 P.O. ADDRESS: CONTRACTORPHONE#: (979) 776-2600 CONTRACTORFAX: (979) 77d 7759 CONTRACTOR WEB SITE: www.Ingram-Wallis.com CONTRACTOR CONTACT: Thomas A. Wallis E-MAIL ADDRESS (REP): TWallis@ingram-wallis.com WILLING TO ACCEPT FUTURE SOLICITATIONS VIA EMAIL: X YES : NO OTHER GOVERNMENT AGENCIES MAY USE THIS CONTRACT: YES : X NO PAYMENT TERMS: NET 30 DAYS ITEM NONMEDICAL MEDICAL IT AND DESCRIPTION HOURLY HOURLY RATE SPECIALIST RATE HOURLY RATE 1.0 Labor Classifications 1.1 Partner / Director (SEE ATTACHED) 1.2 Senior Manager 1.3 Manager 1.4 Sr Consultant / Audit Sr 1.5 Consultant 1.6 Assoc Consultant /Audit Asst 1.7 Business Analyst 1.8 Clerical 2.0 Other Expenses 2.1 N/A Ingram, Wallis & Co., P.C. does not anticipate any 3.0 Travel out-of-town travel Hounmer, should-travel-become necessary, Ingram, Wallis & Co., P.C. agrees to be Travel shall be capped at % of each project price. reimbursed in accord with the . county policy. INGHAM, WALLIS s CO., INC. PERSONNEL LISTING PAGE 1 8/24/09 EMPLOYEE BILLING RATES NUMBER NAME NO. 1/6 NO. 2/7 NO. 3/8 NO. 4/9 NO. 5 1 JAMES D. INGHAM 191.00 125 COURTNEY BILLINGS 76.00 170 MARIANNA M. BOND 75.00 200 DONALD B. BROWNING 120.00 250 ROSANNE P. ELY 118.00 269 MARK A. GONZALES 81.00 272 WENDY HOUSTON 55.00 275 JAMES D. INGRAM, IV 144.00 440 COURTNEY STEPHENSON 73.00 450 STEPHANIE N. SANFORD 97.00 455 MELISSA SUERS 115.00 460 PAM THOMAS 76.00 575 KATHY SCAMBRAY 91.00 700 JUDY CHILDS 159.00 725 CLAYTON SHEPPARD 82.00 850 TEJA TEMPLETON 84.00 885 DIANA K. WAGNER 100.00 900 THOMAS A. WALLIS 175.00 940 RICHARD WEBB 134.00 950 JESSICA E. WRIGHT 80.00 1000 CLERICAL 49.00 1010 COMPUTER 64.00 * Personnel names and rates are subject to change. Ingram,Wallis &Co.,P.c. CERTIFIED PUBLIC ACCOUNTANTS May 12, 2009 Honorable Randy Sims County Judge Brazos County, Texas Dear Judge Sims: We are pleased to confirm our understanding of the services we are to provide Brazos County, Texas for the years ended September 30, 2009, 2010, 2011, 2012 and 2013. We will audit the financial statements of the governmental activities, the business - type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of Brazos County, Texas as of and for the years ended September 30, 2009, 2010, 2011, 2012 and 2013. We will also audit the financial statements of the governmental activities and the general fund of the Brazos County Health Department as of and for the years ended September 30, 2009, 2010, 2011, 2012 and 2013. The documents we submit to you for each entity will include the following additional information that will be subjected to the auditing procedures applied in our audits of the financial statements: Schedule of expenditures of federal awards Combining and individual nonmajor fund financial statements Infrastructure information under modified reporting The documents will also include the following required additional information that will not be subj ect to the auditing procedures applied in our audits of the financial statements, and for which our auditors' report will disclaim an opinion: Management's discussion and analysis Required supplementary retirement system information Budgetary comparison schedules Schedule of capital assets used in the operation of governmental funds Statistical tables James D. Ingram, III I Thomas A. Wallis I James D. Ingram, N I Richard L. Webb Melissa M. Suehs . Donald B. Browning . Diana X. Wagner . Rosanne P. Ely . Teja Templeton . Clayton A. Sheppard T. 979.776.2600 F. 979.774.7759 E. iwc@ingram-wallis.com 2100 East Villa Maria, Suite 100 . Bryan, Texas 77802 ILL ~~'a~ ~S 1 13 Brazos County, Texas May 12, 2009 Page 2 We will also audit the statements of assets, liabilities, and fund balance of contracts between the Brazos County Juvenile Services Department and the Texas Juvenile Probation Commission as of August 31, 2009, 2010, 2011, 2012 and 2013, and the related statements of revenue, expenditures, and changes in fund balance for the years then ended. The financial statements will be in confom ity with accounting and reporting practices prescribed by the Texas Juvenile Probation Commission, which is a comprehensive basis of accounting other than generally accepted accounting principles. We will issue a separate engagement letter covering the Community Supervision and Corrections Department. Audit Objectives The objective of our audits is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on- Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. • Internal control related to major programs and an opinion (or disclaimer of opinion) on compliance with laws, regulations, and the provisions of contracts or grant agreements that, could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audits will be conducted in accordance with auditing standards generally accepted in the United States of America; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A-1333, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, la9 a 52 Brazos County, Texas May 12, 2009 Page 3 we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audits or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. You are responsible for making all management decisions and performing all management functions. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee our services. Management is responsible for making all financial records and related information available to us. We understand that you will provide us with such information required for our audits and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (a) management, (b) employees who have significant roles in internal control, and (c) others where the fraud could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud t~ la ',al 5 3 Brazos County, Texas May 12, 2009 Page 4 affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audits will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audits to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audits will include tests of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements, or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or maj or programs. However, we will inform you of any material and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the periods covered by our audits and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audits, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures-Internal Controls In planning and performing our audits, we will consider the internal control sufficient to plan the audits in order to determine the nature, timing, and extent of our auditing procedures for the purpose Brazos County, Texas May 12, 2009 Page 5 of expressing our opinions on Brazos County's financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards and OMB Circular A-133. Audit Procedures-Comphance Our audits will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of Brazos County's compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. WIL Brazos County, Texas May 12, 2009 Page 6 OMB Circular A-133 requires that we also plan and perform the audits to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB CircularA-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of Brazos County's major programs. The purpose of those procedures will be to express an opinion on the County's compliance with requirements applicable to major programs in our report on compliance issued pursuant to OMB Circular A-133. Audit Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any invoices selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. We will provide copies of our reports to the County Auditor's office; however, it is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagements, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for these engagements is the property of Ingram, Wallis & Co., P.C. and constitutes confidential information. However, pursuant to the authority given to by law or regulation, we may be requested to make certain audit documentation available to grantor agencies providing direct or indirect funding, or the U.S. General Accounting Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any request. If requested, access to such audit documentation will be provided under the supervision of Ingram, Wallis & Co., P.C. personnel. Furthermore, upon request, we may provide photocopies of selected audit documentation to the aforementioned agencies. These parties may intend, or decide, to distribute the photocopies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the date the auditors' reports are issued or for any additional period requested by the Cognizant Agency. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit VOL P 4 :1Au o S4,> Brazos County, Texas May 12, 2009 Page 7 finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the workpapers, t..:% w We expect to begin our audits in early November each year and to issue our reports no later than February 28.Our fees for these services will beat our standard hourly rates plus out-of-pocket costs (such as report reproduction, typing, postage, travel, copies, telephone, etc.). Our standard hourly rates vary level of the according to the degree of responsibility involved and the experience ' personnel assigned to your audits. Our invoices for these fees will be rendered policies, olici s , work may be ses and are payable on presentation;'In accordance with our firm suspended if your account becomes overdue and may not be resumed until your account d in progres full. If we elect to terminate our services for nonpayment, our engagement will be deemed to o have been completed even if we have not completed our report. You will be obligated to compensate us all time expended and to reimburse us for all out-of-pocket costs through the date of temiir ation. for a If significant additional time is necessary for the audits, we will discuss it with you before we incur additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2008 peer review report accompanies this letter. We appreciate the opportunity to be of service to Brazos County, Texas and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. very truly yours, gram, Wallis & Co., P.C. RESPONSE: This letter c ectly sets forth the understanding of Brazos County, Texas. By: Title: T Date: q /L t lu!i Carneiro, Chumney&Co", L.C. Robert M. McAdams, CPA Allen E. Robertson, Jr., CPA CERTIFIED PUBLIC ACCOUNTANTS Edward H. Guerra, CPA Paul Roth- Rofiy. Burk, CPA CPA Michael. J. Schaub, CPA Paul Julia C. Norton, CPA November 18, 2008 To the Shareholders of Ingram, Wallis & Company, P.C. We have reviewed the system of quality control for the accounting and auditing practice of Ingram, Wallis & Company, P.C. in effect for the year ended June 30, 2008. A system of quality control encompasses the firm's organizational structure, the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American hlstitute of CPAs (AICPA). The firm is responsible for designing a system of quality coatrol and complying with it to provide the firm reasonable assurance of conforming with professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance with its system of quality control based on our review. Our re,.iew was conducted in accordance with standards established by the Peer Review Board of the AICPA. During our review, we read required representations from'the firm, interviewed firm personnel and obtained an understanding of the nature of the firm's accounting and auditing practice, and the design of the firm's system of quality control sufficient to assess the risks implicit in its practice. Based on our assessments, we selected engagements and administrative files to test for conformity with professional standards and compliance with the firm's system of quality control. The engagements selected represented a. reasonable cross-section of the f=m's accounting and auditing practice with emphasis on higher-risk engagements. The engagements selected included among others, audits of Employee Benefit Plans, and engagements performed under Government Auditing Standards. Prior to concluding the review, we reassessed, the adequacy of the scope of the peer review procedures and met with firm management to discuss the results of our review. We believe that the procedures we performed provide a reasonable basis for our opinion. In performing our review, we obtained an understanding of the system of quality coiItlol for the fum's accounting and auditing practice. Jn addition, we tested compliance with the film's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the fum's policies and procedures on selected engagements. Our review was based on selected tests therefore it would not necessarily "Helping Clients Succeed for more than 75 Years" - 40 N.E. Loop 410, Suite 200 • sm Antonio, Texas 78216-5876 (210) 342-8000 " Fax (210) 342-0866 E-mail: cameiro@mmelro.com • w .carneira.com An Independent Member of the BDO Seidman Affiance Ingram, Wallis & Company, P.C. November 18, 2008 Page 2 detect all weaknesses in the system of quality control or all instances of noncompliance with it. There are inherent limitations in the effectiveness of any system of quality control and therefore noncompliance with the system of quality control may occur and not be detected. Projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Ingram, Wallis & Company, P.C. in effect fir the year ended June 30, 2008, has been designed to meet the requirements of the qu:?ity contro_' standards for an cccounting and auditing practice established by the AiCPA and was complied with during the year :hen ended io pro-Ode the firm with reasonable assurance.of conforming with professional standards. 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W W N N N T J] m w ~a m `o p c o do c o c ~ u o m y3 c c E u~ u y o r m` ~4` p' m w o y lJ m m Y ° o u U ~~jj O p .0 ~0 C 9 a I ~ o o ~ ~ ~fi ~ u w ~Q w m 4, v o ° u .G° o s m ® W ~ ' ~ 'p X 9 9 m 9 A 4 V y d u u • ~ ~ E ~ ~ m m O u GJ U H ym, y w a: C w m „ry v 05 p. a C p u wO C Tu C'O ~ m v~ a s .a° ~ Em,c y i.a q a p ° m . m m. .C+ 'p w itl o~ y V m c c m E u °^d ® C m E m `o v :a c v u iaC 'm" E w _ a o c m m vi T c c .o o `m' C ® ® tl~q E ra a z m y _m A .oc^. a o b c b a m ~ y 'O m C n 'O .a o° 8-S ~ °.5 ~v ? y L a 'O m boo m O.a u b10 `2. ® .j 'D c ^ a u ? m U u ~ aoC.i ,t ~ 'D 'C p y~° F C o cQd ~ 15 ~i o _'S y 2 4 m a o ~7 R m m 9 ~ d o g .5 ~ °c w m m m o u ryC N eC u~ C~ ~ °y' w o ® • w 0 qq as c qF~ m G v o. v c u .p u C QI m ~ C o v C• Cl) Cl) Q O O O o It y W - Vl_ N ® ❑ ~ Z O -/y,, O A c s® Sales Order # CUSTOMER NO DATE ORDER TO BE FILLED BY DATE REQUIRED 289494 8/25/2009 Support Please use new customer number from the customer list. B Hon. Karen McQueen - County Clerk S Same I H L Brazos County Courthouse I L P 300 E. 26th St Suite 102 T T Bryan, TX 77805 O kmcqueen(D)CD brazos br us CUSTOMER CONTACT: Karen McQueen PHONE: 979-361-4124 P.O. NO.: SALES REP: Reed Roach SALES REPS NO.: 313643 DU KPROC T,PROBUCDESGRiPTIOIJ3r~g"~UNIT~k;SALS(` ,NO„e~ kr QTYwr xPRICES ?w.AMOl1N& Scan and re-create photostat books $ Per specs and inventory attached Scan and re-create photostat books 146300 $0.46 $ 67,298.00 THIS PHASE TO BE BILLED AFTER OCT 1, 2009 $ OR ON COMPLETION $ w#- o t ' "~§S~%"`-"x SUBTOTAL 298.90 67 ryy' '~r-a ~ $ SPECIIit INSTRUCTION.s FOR ME-. WNW See specs attached. Recreated books to be white binders. Recreated books to be delivered and old books boxed for storage. Security film made from scanned images. New images provided on CD or DVD and back up stored i TAX % ACS vault with other Brazos data. All other specs and procedures attached. i.e. o8 or .0725 THIS PHASE TO BE BILLED AFTER OCT 1, 2009 OR ON COMPLETION. SALES TAX $0.00 CUSTOMER ACCEPTANCE: 1 hereby ccept th s of con ' ns of this Sales Order Agreement, and authorize A on thi after as s forth herein. FREIGHT F.O.B. CUSTOMER SIGNATURE: ATE: TOTAL 67,298.00 SALES APPROVAL Tens and Conditions: Payment Terms: Customer agrees to remit payment to ACS within 30 days from issuance of invoice. Limited Warranty: (1) Hardware and Commercial Software Warranties: If third-party, hardware and/or commercial software is furnished under this agreement, then ACS shall, to the maximum extent allowable by said third-party vendors, pass-through to the Customer all manufacturers' warranties for materials furnished under this agreement. ACS shall provide only the standard manufacturers' warranties, guarantees, and/or exchange policies for defective items, which are offered through the manufacturers themselves. ACS MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE HARDWARE AND COMMERCIAL OFF-THE-SHELF SOFTWARE, IN WHOLE OR IN PART. ACS EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (2) Limited Application System Software Warranty.-In the event ACS provides Customer with proprietary ACS-owned software ("Application System Software" or "System") in connection with this agreement, then the following warranty terms shall apply. ACS warrants that the Application System Software furnished by ACS pursuant to this agreement will be free from material errors that would prevent the substantial operational features of the System from functioning when used property under normal conditions. This warranty is valid for a period of ninety (90) days from the date of System installation. This Application System Software warranty shall not cover, and shall be void as to, any hardware or commercial off-the-shelf software components. In addition, the Application System Software warranty shall not cover: 1) any components for which maintenance has been performed by a third party not authorized by ACS; 2) any components that have been damaged through the negligence or misconduct of parties other than ACS or its employees or agents; 3) any components which have been damaged as a result of Customer's failure to operate them in accordance with ACS'S operating instructions; or 4) failures due to force majeure, or exposure to unusual physical or electrical stress. In the event that any Application System Software provided under this agreement is found to be defective, Customer shall provide prompt written notice to ACS identifying such defect or defects with specificity. ACS will be provided a reasonable opportunity to investigate the matter, and to verify the existence of such defect(s). Upon ACS's verification of the claimed defect(s), Customer shall be entitled to any of the following remedies, as determined by ACS in its discretion: a) repair, b) replacement, c) other correction of the defective item at ACS's expense, or d) an equitable adjustment in the contract price. The parties intend that any of the foregoing remedies shall constitute a complete and satisfactory remedy in the event of a covered defect, and that such remedies shall constitute the sole and exclusive remedies available to Customer for breach of ACS'S Application System Software warranty. THE LIMITED WARRANTY SET FORTH IN THIS SECTION IS MADE TO CUSTOMER EXCLUSIVELY AND IS IN LIEU OF ALL OTHER WARRANTIES. ACS MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE APPLICATION SYSTEM SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, IN WHOLE OR IN PART. ACS EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACS EXPRESSLY DOES NOT WARRANT THAT THE APPLICATION SYSTEM SOFTWARE, IN WHOLE OR IN PART, WILL BE ERROR FREE, OR WILL OPERATE WITHOUT INTERRUPTION. CUSTOMER WAIVES ANY CLAIM THAT THE LIMITED APPLICATION SYSTEM SOFTWARE WARRANTY SET FORTH IN THIS SECTION OR THE REMEDY FOR BREACH OF SUCH WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. Limitation of Liability: Brazos County acknowledges and agrees that ACS shall only be liable to Brazos County for those damages or losses which arise out of performance of this agreement, whether sounding in breach of the agreement or negligent conduct, any use of the products provided or documentation or any inability to use the products provided or documentation and that such liability is limited to Brazos County's actual damages. Force Majeure: Neither party to this agreement shall be responsible for delays or failures in performance resulting from an act of God, war, civil disturbance, labor dispute, or other cause beyond the reasonable control of such party. Ownership of Data and Software: Customer will retain all title, rights, and ownership of all data, including associated indexes, film, and other data created and/or acquired by use of the System, whether stored on magnetic tape, magnetic disk, CD-ROM disk (or other "like" electronic media that may be used). ACS shall retain all rights to its software, and Customer may only use such software pursuant to ACS' License Agreement (which is incorporated herein by reference). Risk of Loss & Title: ACS shall bear the risk of loss or damage to any hardware and commercial software provided under this agreement, while in transit to the Customer's designated delivery or installation site. The Customer shall bear all risk of loss or damage to the hardware and commercial software after delivery to the Customer site, unless such loss or damage is due to the negligence or willful acts of ACS, its employees, agents, representatives or subcontractors. ACS shall transfer title to the hardware and commercial software to the Customer upon the Customer's full payment for said hardware and commercial software to accordance with this agreement. Ysi I~ / ~f2~?f ac (D Texas Dept. of Family Signature Authority Designation Form 2031 and Protective Services June 2009 SECTION B: The Contractor/Potential Contractor shall either attach a document or letter designating Contractor's/Potential Contractor's signature authority, including the signature authority's name and title, or verify that the signature below is the only signature authority designated for contracting with DFPS. ® Document attached ❑ Signature used below is the only signature authority for the Contractor/Potential Contractor The Contractor/Potential Contractor understands that there is an ongoing duty to notify DFPS in writing of any change to signature authority during the term of the contract with DFPS. The Contractor/Potential Contractor verifies that the attached document or signature below is a complete, true, and correct representation of signature authority. Randy Sims Printed Name Signature of uthorized Representative County Judge Title of Authorized Representative Date Rra n f n mry z3gnnnt 7 Legal Name of Contractor/Potential Contractor Contract or Procurement Number itL I ~h.,."aye 3(03 Texas Dept. of Family Certifications Form 4733Gov and Protective services May 2009 (Governmental Entities) Certifications Regarding Lobbying; Drug-Free Workplace; and Anti-Trust. The certifications enumerated below represent material facts upon which DFPS relies upon when accepting a bid for this solicitation. If the Department later determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Potential Contractor further agrees that it will provide immediate written notice to DFPS if at any time Potential Contractor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Potential Contractor cannot certify the accuracy of all the statements contained in this section, Potential Contractor must provide written notice to DFPS detailing which of the below statements it cannot certify and why. A. Certification Regarding Lobbying, State B. Drug-Free Workplace Certification. and Federal law place restrictions on the use of Potential Contractor certifies that it will or will state and federal funds in regard to lobbying. continue to provide a drug-free workplace by: The Potential Contractor certifies, to the best 1) Publishing a statement notifying employees of his or her knowledge and belief, that: that the unlawful manufacture, distribution, 1. In accordance with 31 U.S.C. §1352, no dispensing, possession, or use of a controlled Federal appropriated funds have been paid or substance is prohibited in the grantee's will be paid, by or on behalf of the Potential workplace and specifying the actions that will Contractor, to any person for influencing or be taken against employees for violation of attempting to influence an officer or employee such prohibition; of an agency, a Member of Congress, an 2) Establishing an ongoing drug-free officer or employee of Congress, or an awareness program to inform employees employee of a Member of Congress in about connection with the awarding of any Federal a) The dangers of drug abuse in the contract, the making of any Federal grant, the workplace; making of any Federal loan, the entering into b) The grantee's policy of maintaining a drug- of any cooperative agreement, and the free workplace; extension, continuation, renewal, amendment, c) Any available drug counseling, or modification of any Federal contract, grant, rehabilitation, and employee assistance loan, or cooperative agreement. 2. If any funds other than Federal appropriated Programs; and funds have been paid or will be paid to any d) The penalties that may be imposed upon person for influencing or attempting to employees for drug abuse violations occurring influence an officer or employee of any in the workplace; agency, a Member of Congress, an officer or 3) Making it a requirement that each employee employee of Congress, or an employee of a to be engaged in the performance of the grant Member of Congress in connection with this be given a copy of the statement required by Federal contract, grant, loan, or cooperative paragraph (D)(1); agreement, the undersigned shall complete 4) Notifying the employee in the statement and submit Standard Form-LLL, Disclosure required by paragraph (D)(1) that, as a Form to Report Lobbying, in accordance with condition of employment under the grant, the its instructions. employee will 3. The Potential Contractor shall require that the language of this certification be included in a) Abide by the terms of the statement; and the award documents for subcontracts and b) Notify the employer in writing of his or her that all subcontractors shall certify and conviction for a violation of a criminal drug disclose accordingly. statute occurring in the workplace no later 4. Payments of appropriated or other funds to than five calendar days after such conviction; Potential Contractor under any resulting 5) Notifying the agency in writing, within ten agreement are not prohibited by Texas calendar days after receiving notice under Government Code §556.005 or §556.008. paragraph (D)(4)(b) from an employee or otherwise receiving actual notice of such Page 1 of 2 'gin.. r Texas Dept. of Family Certifications Form 4733GOV and Protective services May 2009 (Governmental Entities) conviction. Employers of convicted employees rehabilitation program approved for such must provide notice, including position title, to purposes by a Federal, State, or local health, every grant officer or other designee on whose law enforcement, or other appropriate agency; grant activity the convicted employee was 7) Making a good faith effort to continue to working, unless the Federal agency has maintain a drug-free workplace. designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; C. Anti-Trust Certification. Pursuant to 15 6) Taking one of the following actions, within U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. 30 calendar days of receiving notice under Code Sec. 15.01, et seq., Potential Contractor paragraph (D)(4)(b), with respect to any certifies that neither the contractor nor the employee who is so convicted firm, corporation, partnership, or institution a) Taking appropriate personnel action against represented by the Potential Contractor, or anyone acting for such a firm, corporation, or such an employee, up to and including institution has violated termination, consistent with the requirements the antitrust laws of of the Rehabilitation Act of 1973, as amended; this state, federal antitrust laws, nor or communicated directly or indirectly the bid made to any competitor or any other person b) Requiring such employee to participate engaged in such line of business. satisfactorily in a drug abuse assistance or As the duly authorized representative of the Potential Contracto , I hereby certify that the Potential Contractor will comply with the above certifi tions Printed Name of Authorized Representative Signature Aut orized Representative County Judge /0 C, Title of Authorized Representative Date Brazos County 23380017 Legal Name of Potential Contractor Procurement or Contract Number Page 2 of 2 Texas Dept of Protective Budget for Title IV-E County Contract Form 20301vE Regulatory services June 2007 v iF Y' r t. W s' yz vq "'"r+v +Fr . iF °w ii.;, . SUmmafy4r,:i sd.",R+r'i-.'+.r "..x;€» Count : Brazos County Contract No.: 23380017 Contract Period: FY 2010 Cost Category Q *Qdm m isteation q'~..{vr t. td hlr(" 'a'tsdVk'. r'`? tt»~ rl ~.r ~u`".t+.' f ifi A.1. Direct Personnel Salaries $155,771.00 A.2. Direct Personnel Fringe Benefits $50,671.49 A.3. Direct Personnel Travel $0.00 A.4. Direct Material & Supplies $0.00 A.S. Direct Equipment (Rent/Lease/Purchase) $0.00 A.6. Direct Other Costs $6,000.00 Total Administration $212,442.49 u ry^reo "rx e,.. N Y„x avr ra ND 9i `e'"Gf B. `Training I R Total Training ' $0.00 C::SupplementalFoster Card .Maintenance,Costs,,c,;`r„~~,r„,'Kxg Total Supplemental Foster Care Maintenance $0.00 Grand Total (Includes Administration;Traiuing and Maintenance) 212,442.49 Contractor Certification v Signature & Date Randy Sims, County Judge Printed Name & Title ax ~ N C N d ~ O O N Q N O n z T D c~ c7 c~ N o 0 0 0 m c M D fD o D 10 y N < Z N i o. N O O 0 N O O N N O ~ r N_ 0 w VI i (D D w n O N O wp 0 n j O c D 00 o M Om OL) opt c > p o Cf) D m w 0 m o y O v W m ° c m o_ D to m r. O p ° 0 z ((D D { i N. o D 0 0_ r, o o <D m m CD G (n V ~ cfl E» » u, o m 0 p w N d) 0 W N 3 .p+.. 0 y A cn co m 0 D m r: 3 p m cn < o W 0 _ 0 o i ° In 3 o -C:) :3 0 'ID w m Ul W n 0 0 O o O o v CD O } N O O O O K N O O O 3 m 3 0 CD Cl) m z 0 d N N N S O S O N N M O N ~ 0 Efl EA 69 Cil A , co x m cn w co V w O A x [n Efl to v> 69 69 t» (n O m O n O 0 0 0 0 0 0 0 co K O O O O O O O O O O O O O O O O O O O O O O O O T 0 3 ~ N O O N W O O O < v m Texas Dept of Protective Form 20301VE and Regulatory Services Budget for Title IV-E County Contract June 2007 Administration' A.2. Direct Personnel'Frmge,Benefits..`3" County: Brazos County Contract No. 23380017 Contract Period 1011109-9130/10 Type of Fringe Benefits Total ` t , FICA - 7.65% 155771/12=12981 .0765 x 12918 x 12mos $11,916.56 Workers Compensation - 0.17% .0017 x 12918 x 12 $263.53 Retirement - 11.93% .1193 x 12918 x 12 $18,493.41 Medical & Life Insurance ($547.50/mos/person) 547.50 x 100% x 12 = 6,570 6,570 x 3 persons $19,710.00 Dental ($8/moslperson) 8 x 100% x 12 = 96 96 x 3 persons $288.00 Total Direct Personnel Fringe Benefits $50,671.49 Note: Please refer to instructions. Texas Dept of Protective Budget for Title IWE County Contract Form 20301VE and Regulatory Services June 2007 A difil llstration - r t ti+ u" erg Count : Brazos County Contract No. 23380017 Contract Period: 1011109-9130110 _ Other COsts, qW ~~„a 5 Yary, tr>s 4yr 1' r (description and basisof cost) 4 =r , .Total . Court Reporter Transcriptions Based on FY 2008 ex enditur $500.00 Citation of Publication Based on FY 2008 expenditures) $500.00 Conference & Seminar Fees $500.00 Publications (Based on library expenditures of $20,000 divided b 16 lawyers using resources $1,250.00 Commercial Copying of Records for Trial Discovery (Based on FY 2008 expenditures) $500.00 Expert Witnesses $1,000.00 Interpreting Fees Based on FY 2008 expenditures) $750.00 Mediation Fees Based on FY 2008 expenditures) $1,000.00 Total Direct Other Costs $6,000.00 Note: Please refer to instructions. 10LIP-1 Ufa Texas Dept of Family Risk Analysis Questionnaire F May and Protective Services y Contract Name: Commissioner's Court of Brazos County - Legal Contract Number: 23380017 FY 20,10 Please provide the person's name and number to contact if additional information is needed: Megan Conkel - 979-361-4352 1. Do you currently have other client service contracts with DFPS or any other Governmental entity [federal, state (ISD, University) county]? Yes ® No ❑ If yes, please provide the contract number and indicate which of the following payment types is utilized for the contract: Cost Contractor is reimbursed for allowable costs. Reimbursement Fee For Service Contractor is paid a set fee per unit of service. Typically rates are negotiated with the individual vendor and may apply only to that vendor. An independent rate setting process does not exist for the contracted service. Rate Based Contractor is paid at a pre-determined rate or fee per unit of service, which was Payments established through a rate setting process. The rate setting process typically applies to multiple contractors who provide the service. Other Any other payment type not defined above. Contract Number Payment Type Con fact Number Payment Type A ec ,Schedule t e s of Fec>lera~ a&A S#c 6 year end~no Senfember 30r X008 RAI Factor #3 2. Check the appropriate time period since your last audit (e.g., annual audit, compliance audit, single audit) was completed by an independent auditor, including other state/federal agency. ® Less than 1 year ❑ 1 year ❑ 2 years ❑ 3 or more years OR No Audit completed RAI Factor #16 3. Type of Related Party Transactions: "Doing business" refers to business activities such as purchasing (e.g., a building, a computer, a vehicle, etc.), leasing (e.g., a building, a computer, a vehicle, etc.), and/or obtaining a service (e.g., legal services, accounting services, banking services, etc.), even if the purchase/lease/service is provided at no charge from anyone related by blood or marriage to a member of your Board of Directors, a principal stockholder; or a key employee. See 40 TAC § 732.240 (g). Does your agency do business with any of the above-mentioned parties for the following? Non-compensated services ❑ Yes ® No Non-routine and non-recurring services ❑ Yes ® No Consulting or Management services ❑ Yes ®No Building/Leasing ❑ Yes ®No Transportation ❑ Yes ® No Labor ❑ Yes ® No For-profit affiliated with non-profit ❑ Yes ® No Owned/operated by same or related entity ❑ Yes ®No RAI Factor #10 Texas Dept of Family Form 9105 and Protective Services Risk Analysis Questionnaire May 2008 4. The percentage of total expenditures paid out to Subcontractors in a fiscal year. 00% ❑ 20% or less ❑ 21 % to 40% ❑ More than 40% RAI Factor #8 - 5. Experience of key management staff: Note: Fiscal components refer to the financial aspect of the contract. Programmatic components refer to the program side of the contract, such as monitoring that services are provided to clients, monitoring the quality of the service delivery, ensuring compliance to the service provisions in the contract (Section VIII). - Executive ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and Director, fiscal or programmatic fiscal or programmatic programmatic components of President or components of federal components of federal federal and/or state contracted Equivalent and/or state contracted and/or state contracted programs programs programs - - - Accounting ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and (Comptroller, fiscal or programmatic fiscal or programmatic programmatic components of Chief components of federal components of federal federal and/or state contracted Financial and/or state contracted and/or state contracted programs Officer, programs programs Business Mgr, etc.) - - Program ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and Director, fiscal or programmatic fiscal or programmatic programmatic components of Program components of federal components of federal federal and/or state contracted Coordinator and/or state contracted and/or state contracted programs or Equivalent programs programs RAI Factor #6 6. Total Contractor Experience Check the appropriate box below your total contractor experience (including experience with non-DFPS agencies) providing the type of service being contracted. ❑ 0 to 12 months ❑ 13 to 35 months ® 36 to 59 months ❑ 60 or more months RAI Factor #7 7. Check the appropriate box below if there has been any significant change in direct delivery and billing staff in the appropriate periods: ® No significant change in last 2 years ❑ Significant change in direct delivery and billing staff within: ❑ Last 2 years ❑ Last 12 months RAI Factor #7 2 /r,,/ P91 -n C C 9 4 _ 9 x x x r n v n Al g; ^o ^ ^ m> 3.^ n m n o a F ro F o n R v @. >j C. n n n a a e. yy 3 yy 3 yy 3 in o 0 0 2 ^ ^ o ^ e ~ a w ^ N C ~ z ~ ~ N ~ ~8^e 49 ~ z E ^ e. e.^ Amy; ~~a' 3 a a aaa nx a ° o x o m m m' o ~ 4' o v. ^ n > > o o. a n ' „ n n B~ 2 b v v $ "g g° ay ti ~p z n6 b O b ~ +1 O in O O O to ~n w w P P P m m P O D p d N N o N N N b ~ °o ~ °o C °o °O °o ~:t w N - o> o Y N o Y O z y - o o y o y A w w m 3$ 'P z _ A° °o rn k K rn k y x n w o n n S m` b N N J u a b P W o_ _ A mm K °o waw - 0 f a ~ n O O w u _ N O J 0 6 6 O C O P O ~n O O w N J m J _ - ~n O w C 9 a "'I ^ k 3 'm -1 °a ~ N g b `D v b = o n 'F a N I u l b I ~o I ~ °a F N b P w - w~ a N I e p P_ > m I = w p' m A I U I ~ I I I b A N w N ~ - N u n m w O I I I I 11 1 I I~~ 1 w I 1 I I I I °w ^y n J J » w v ~ a R w _ _ ^ n F b m No P I m A - m I I 'IwJ l u m _ _ ~ I v 10094 991 y C O C L N 9~ ro o ~ _ n m o a g pF. & c in m~ ° m° n v m m 3 O ~ 'DO' ~ ~ a n o n o y 3 ~ .7 3 3 ° 5 r ~ " ~ n n n w p m C~ k n o"3 ~ a~ ~ o < n~ ~ 3 w 3 a 5~ 5 w~ 3 ~ ryK ro R n P. ~ n ° ~ O N n tl ~ n O 0 o w w u u w m w w w w m ao ao m P w a w N N ~ D m m N o P r 3 3 " " oPb o0 0o A ~~mao e ;am 3 ro m^O I I I t t t I I I 1 1 I I I I ~ c~ 2 0 0 o u e a o K 3~y cNm c v A aey o _ P a p m r W I v m I P i u l a l P iWO NOJO y n e° P J- ~ e o. 0 pAp v A P b - ~n N- A w° O w J ~n P J P w p m x _ - 2 'w I _ w t > m - n - t~l V I I I II1 I I I I IIII I I I I ~I I I I I ~J w 3 v A a P K w - G o. 'P I 11~ 1 J ~ m N P l I ~ ~p .p H m t 'P t ►al 991 -i H O '3 E E ~ V 5 5 ~ 9 b o ~o b n3 n3 y a ~ a m a a n n c ~ _ ~ ~ ~ - - 3 S 5 5 S 9 5 3 a a 'o m 9. 9. O O g. 2. 3 0 S 8. b b - - a ^ b b _ ~ N n o ^ a ~ ti ~ o ~ s 0 W ~ 7. a. n n H A A ~ ~ O O Z n o Z Z Z Z Z z 'z z z z 'z z 2 Z Z z z a a 'a a a a a a a a a 'a 'a a a 'a 'a ~ y d e d' v e v °e .H. •°o .y. e u •'-1. e e e .'i. n bn ° bn ~ bn ~ bn ~ n ~ ~ ~ bn ~ n ~ a n ~ ~ ~ n ~ n bn ° ~ bn O b A m y~ k o k~ o c a ~ a ~ a M g~ a ~ N 'g N~< 'g < Po>~> z g~ 6 6 6 6 o b o 0 o b 4 b o b g b o o N b o 0 0 0 0 3 y a _ °o_ w N o i° b o a b m e°op e b$ w a s •.1 m m ~o m - •o - m $ _ m - e m $ m - ~o - m - •o - m - ^ e n 6 m m e a b h N A p 4• - A ~ G. i V• a z m to ~n O O •n v P P A to to A b •p C 9= ~ v m' I~~+CCf o ;a A y a R ~ ~,"g uFm _ m _ rn - - v F °ma I 1 I I t ~ I I I ~ rn _ u I .J ^ ~ °a x c A a m x 3 N N 4 _ O ~ •n I 1 t 1 I o a f wl O ~n . , , , O , O • A pi H m 3 v A ~ b I I I " I I I I I o v ^ b w W ~ ~ o N pcr OP r ILI F N n rn OJ 0 N a P~' Iy OF 0R BRAZOSCOUNTY BRYAN,TEXAS Randy Sims Office of the County Judge 200 South Texas Ave., suite 332 Bryan, TX 77803 Phone: (979) 361-4102 Fax: (979) 361-4503 E-mail: dlockledge@co.braws.tx.us 28 August 2009 MEMORANDUM TO: Whom It May Concern SUBJECT: Signature Authority for the Brazos County Auditor I hereby authorize Katie Conner, Brazos County Auditor, to certify claims for reimbursement and other financial documents or financial schedules under the provisions of the Title IV-E Legal Services Contract 23380017 between Brazos County and the Department of Family Protective Services effective September 1, 2009 through the term of this contract unless otherwise terminated. If you have any additional questions, please call or e-mail me. 4Randims 6 1 t) RS/dll Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77603 • Fax: (979) 361-4503 Texas Dept. of Family Signature Authority Designation Form 2031 and Protective Services June 2009 SECTION B: The Contractor/Potential Contractor shall either attach a document or letter designating Contractor's/Potential Contractor's signature authority, including the signature authority's name and title, or verify that the signature below is the only signature authority designated for contracting with DFPS. X Document attached ❑ Signature used below is the only signature authority for the Contractor/Potential Contractor The Contractor/Potential Contractor understands that there is an ongoing duty to notify DFPS in writing of any change to signature authority during the term of the contract with DFPS. The Contractor/Potential Contractor verifies that the attached document or signature below is a complete, true, and correct reprgsentation of signature authority. Randy Sims I Z-.12 Printed Name Signature of honz d Representative County Judge Title of Authorized Representative Date Brazos County 23380021 Legal Name of Contractor/Potential Contractor Contract or Procurement Number ~rr~ l~Aa'E Texas Dept. of Family Certifications Form 4733Gov and Protective services May 2009 (Governmental Entities) Certifications Regarding Lobbying; Drug-Free Workplace; and Anti-Trust. The certifications enumerated below represent material facts upon which DFPS relies upon when accepting a bid for this solicitation. If the Department later determines that Potential Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Potential Contractor further agrees that it will provide immediate written notice to DFPS if at any time Potential Contractor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Potential Contractor cannot certify the accuracy of all the statements contained in this section, Potential Contractor must Provide written notice to DFPS detailin which of the below statements it cannot certify and wh . A. Certification Regarding Lobbying. State B. Drug-Free Workplace Certification. and Federal law place restrictions on the use of Potential Contractor certifies that it will or will state and federal funds in regard to lobbying. continue to provide a drug-free workplace by: The Potential Contractor certifies, to the best 1) Publishing a statement notifying employees of his or her knowledge and belief, that: that the unlawful manufacture, distribution, 1. In accordance with 31 U.S.C. §1352, no dispensing, possession, or use of a controlled Federal appropriated funds have been paid or substance is prohibited in the grantee's will be paid, by or on behalf of the Potential workplace and specifying the actions that will Contractor, to any person for influencing or be taken against employees for violation of attempting to influence an officer or employee such prohibition; of an agency, a Member of Congress, an 2) Establishing an ongoing drug-free officer or employee of Congress, or an awareness program to inform employees employee of a Member of Congress in about connection with the awarding of any Federal a) The dangers of drug abuse in the contract, the making of any Federal grant, the workplace; making of any Federal loan, the entering into b) The grantee's policy of maintaining a drug- of any cooperative agreement, and the free workplace; extension, continuation, renewal, amendment, c) Any available drug counseling, or modification of any Federal contract, grant, rehabilitation, and employee assistance loan, or cooperative agreement. programs; and 2. If any funds other than Federal appropriated funds have been paid or will be paid to any d) The penalties that may be imposed upon person for influencing or attempting to employees for drug abuse violations occurring influence an officer or employee of any in the workplace; agency, a Member of Congress, an officer or 3) Making it a requirement that each employee employee of Congress, or an employee of a to be engaged in the performance of the grant Member of Congress in connection with this be given a copy of the statement required by Federal contract, grant, loan, or cooperative paragraph (D)(1); agreement, the undersigned shall complete 4) Notifying the employee in the statement and submit Standard Form-LLL, Disclosure required by paragraph (D)(1) that, as a Form to Report Lobbying, in accordance with condition of employment under the grant, the its instructions. employee will 3. The Potential Contractor shall require that a) Abide by the terms of the statement; and the language of this certification be included in the award documents for subcontracts and b) Notify the employer in writing of his or her that all subcontractors shall certify and conviction for a violation of a criminal drug disclose accordingly. statute occurring in the workplace no later 4. Payments of appropriated or other funds to than five calendar days after such conviction; Potential Contractor under any resulting 5) Notifying the agency in writing, within ten agreement are not prohibited by Texas calendar days after receiving notice under Government Code §556.005 or §556.008. paragraph (D)(4)(b) from an employee or otherwise receiving actual notice of such Page 1 of 2 U DC~ A Texas Dept. of Family Certifications Form 4733GOV and Protective services May 2009 (Governmental Entities) conviction. Employers of convicted employees rehabilitation program approved for such must provide notice, including position title, to purposes by a Federal, State, or local health, every grant officer or other designee on whose law enforcement, or other appropriate agency; grant activity the convicted employee was 7) Making a good faith effort to continue to working, unless the Federal agency has maintain a drug-free workplace. designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; C. Anti-Trust Certification. Pursuant to 15 6) Taking one of the following actions, within U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. 30 calendar days of receiving notice under Code Sec. 15.01, et seq., Potential Contractor paragraph (D)(4)(b), with respect to any certifies that neither the contractor nor the employee who is so convicted firm, corporation, partnership, or institution a) Taking appropriate personnel action against represented by the Potential Contractor, or anyone acting for such a firm, corporation, or such an employee, up to and including institution termination, consistent with the requirements has violated the antitrust laws of of the Rehabilitation Act of 1973, as amended; this state, federal antitrust laws, nor communicated directly or indirectly the bid or made to any competitor or any other person b) Requiring such employee to participate engaged in such line of business. satisfactorily in a drug abuse assistance or As the duly authorized representative of the Potential Contrac r y certify that the Potential Contractor will comply with the above ce ation Randy 4img Printed Name of Authorized Representative ignatur of Authorized Representative County Judge ~l)I ~O I Title of Authorized Representative Dade Brazos County 23380021 Legal Name of Potential Contractor Procurement or Contract Number Page 2of2 Texas Dept. of Family Budget for Title IV-E County Contract Form 20301VE and Protective Services June 2009 r Y= a~ 4 at„nt r t r nr IC Supplemental Foster GareiMatntenance~a ~~,~re~ , 34 ~a~'RyJ w3° S }fir t A '1 "4 5~ 1,. .uyy y°5 mr ,hr a 5 .Ik'Y~ FY d i'ki; j r A''rR 'ijlt rlal,a ,N I L,~' NIA,for,Coun ,`gLe alaSennce Contracts County. Brazos Count Contract No.: 23380021 Contract Period: ct. 1, 2009 - Sept. 30, 2010 fV s .'z Ix i• 'f'~~'i xY"1 s x r ru s z X F! Lu„4 „u r $"4'~$x I^:. ~v w vxtt.:, T' ~S i v„p ~ t~ak?{lYk,~ ~ ~F "t(DIVE}eligiblechililspecific~costs)ire `e~y' £'~#'»~,i~a~}YFA~'nay~~s`~ tetfr~~~ ~~TOt lur~t~~~~5`,~~r,~' Allowances Based on 2008 Expenditures) Clothing Based on 2008 Expenditures) $5,600.00 Da Care limited Based on 2008 Expenditures) $500.00 Gifts Based on 2008 Expenditures) Graduation Expenses Based on 2008 Expenditures) $500.00 Personal Items Based on 2008 Expenditures) $100.00 School Supplies Based on 2008 Expenditures) $100.00 Reasonable Child Specific Travel Based on 2008 Expenditures) $100.00 Other Based on 2008 Expenditures) $300.00 Total Child Care $7,200.00 Note: Please refer to instructions. Texas Dept of Family Risk Analysis Questionnaire Form and Protective Services May Contract Name: Commissioner's Court of Brazos County Contract Number: 23380021 FY 2010 Please provide the person's name and number to contact if additional information is needed: Megan Conkel - 979-361-4352 1. Do you currently have other client service contracts with DFPS or any other Governmental entity [federal, state (ISD, University) county]? Yes ® No ❑ If yes, please provide the contract number and indicate which of the following payment types is utilized for the contract: Cost Contractor is reimbursed for allowable costs. Reimbursement Fee For Service Contractor is paid a set fee per unit of service. Typically rates are negotiated with the individual vendor and may apply only to that vendor. An independent rate selling process does not exist for the contracted service. Rate Based Contractor is paid at a pre-determined rate or fee per unit of service, which was Payments established through a rate setting process. The rate setting process typically applies to multiple contractors who provide the service. Other Any other payment type not defined above. Contract Number Payment Type Contract Number Payment Type Aq keel C°PV o~ lScl~eAL,I" o' gxpeftAJuces a Federal anc~ %S4a4e ffwarAs 4'ur Veer ended Sr_Twber 30,RD033. RAI Factor #3 2. Check the appropriate time period since your last audit (e.g., annual audit, compliance audit, single audit) was completed by an independent auditor, including other state/federal agency. ® Less than 1 year ❑ 1 year ❑ 2 years ❑ 3 or more years OR No Audit completed RAI Factor #16 3. Type of Related Party Transactions: "Doing business" refers to business activities such as purchasing (e.g., a building, a computer, a vehicle, etc.), leasing (e.g., a building, a computer, a vehicle, etc.), and/or obtaining a service (e.g., legal services, accounting services, banking services, etc.), even if the purchaselleaselservice is provided at no charge from anyone related by blood or marriage to a member of your Board of Directors; a principal stockholder; or a key employee. See 40 TAC § 732.240 (g). Does your agency do business with any of the above-mentioned parties for the following? Non-compensated services ❑ Yes ® No Non-routine and non-recurring services ❑ Yes ® No Consulting or Management services ❑ Yes ® No Building/Leasing ❑ Yes ® No Transportation ❑ Yes ® No Labor ❑ Yes ® No For-profit affiliated with non-profit ❑ Yes ® No Owned/operated by same or related entity ❑ Yes ® No RAI Factor #10 a~l. ~~~~nl J r Texas Dept of Family Form 9105 and Protective Services Risk Analysis Questionnaire May 2008 4. The percentage of total expenditures paid out to Subcontractors in a fiscal year. 00% ❑ 20% or less ❑ 21 % to 40% ❑ More than 40% RAI Factor #8 5. Experience of key management staff: Note: Fiscal components refer to the financial aspect of the contract. Programmatic components refer to the program side of the contract, such as monitoring that services are provided to clients, monitoring the quality of the service delivery, ensuring compliance to the service provisions in the contract (Section VIII). Executive ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and Director, fiscal or programmatic fiscal or programmatic programmatic components of President or components of federal components of federal federal and/or state contracted Equivalent and/or state contracted and/or state contracted programs programs programs - - - - - - - - Accounting ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and (Comptroller, fiscal or programmatic fiscal or programmatic programmatic components of Chief components of federal components of federal federal and/or state contracted Financial and/or state contracted and/or state contracted programs Officer, programs programs Business Mgr, etc.) Program ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and Director, fiscal or programmatic fiscal or programmatic programmatic components of Program components of federal components of federal federal and/or state contracted Coordinator and/or state contracted and/or state contracted programs or Equivalent programs programs RAI Factor #6 6. Total Contractor Experience Check the appropriate box below your total contractor experience (including experience with non-DFPS agencies) providing the type of service being contracted. ❑ 0 to 12 months ❑ 13 to 35 months ® 36 to 59 months ❑ 60 or more months RAI Factor #7 7. Check the appropriate box below if there has been any significant change in direct delivery and billing staff in the appropriate periods: ® No significant change in last 2 years ❑ Significant change in direct delivery and billing staff within: ❑ Last 2 years ❑ Last 12 months RAI Factor #7 /0L W -f`F ~1~ A P9l m C xxxn ~ rnnn~~?~ o nn~ w yM~n d'^ >y n r n n a b b b y o ON~'J. y yy O O O^ y m ~ p~ L ~ L ~p N O 3p a n m C Nn N S m 3 ~w oo n n d 3 ~ p ~ o~ yy "m ~ D Z y = t~ a. G. ^J. O o b 9 ua. In n x OR.1 bbbooo @ N ~ q~ n~ n n u b ~ tl ~ x M a •Y R. 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PC_~ Op >y OF g¢ BRAZOSCOUNTY BRYAN, TEXAS Randy Sims Office of the County Judge 200 South Texas Ave., suite 332 Bryan, TX 77803 Phone: (979) 361-4102 Fax: (979) 361-4503 E-mail: dlockledge@co.brazos.tx.us 28 August 2009 MEMORANDUM TO: Whom It May Concern SUBJECT: Signature Authority for the Brazos County Auditor I hereby authorize Katie Conner, Brazos County Auditor, to certify claims for reimbursement and other financial documents or financial schedules under the provisions of the Title IV-E Child Welfare Services Contract 23380021 between Brazos County and the Department of Family Protective Services effective September 1, 2009 through the term of this contract unless otherwise terminated. r If you have any additional questions, please call or e-mail me. 4RanSims udge RS/dll Office of the County Judge • 200 South Texas Ave. • Suite 332 Bryan, Texas 77803 • Fax: (979) 361-4503 JnL TK-75.0552 Purchaser: Brazos County 300 East 26th Street Bryan, TX 77803 Hereinafter referred to as "Purchaser", "you', and "your". Location: Brazos County Administration Building 200 South Texas Ave Bryan, TX 77803 By: ThyssenKrupp Elevator Corporation 14820 Tomball Parkway, Suite 190 Houstn, TX 77086 Telephone: (713)849-2191, (713)545-0855 Fax: (713)896-4660 E-Mail: gaylia.bowden@thyssenkrupp.com Internet: www.thyssenkruppelevator.com hereinafter referred to as "ThyssenKrupp Elevator Corporation", "ThyssenKrupp Elevator', "we", "us" and "our GOLD MAINTENANCE AGREEMENT ThyssenKrup Elevator agrees to maintain Purchaser's elevator equipment described below in accordance with this agreement. We will endeavor to provide a comprehensive maintenance program designed to protect your investment and maximize the performance, safety, and life span of the elevator equipment to be maintained. Equipment To Be Maintained Building Name Unit Quantity Manufacturer Type of Unit Application of Unit Unit ID or Serial # Brazos Co. Administration 1 Montgomery-Kone Geared Traction Passenger TBD Bldg ThyssenKrupp Elevator Americas Business Unit Preventative Maintenance Program We will service your equipment described in this agreement on a regularly scheduled basis. These service visits will be performed during normal business working days and hours, which are defined as Monday through Friday, 8:00 AM to 4:30 PM (except scheduled holidays). All work performed before or after normal business working days and hours shall be considered "Overtime". ThyssenKrupp Elevator will perform the following services: Examine your elevator equipment for optimum operation. Our examination, lubrication and adjustment will cover the following components of your elevator system: o Control and landing positioning systems o Signal fixtures o Machines, drives, motors, governors, sheaves, and wire ropes o Power units, pumps, valves, and jacks o Car and hoistway door operating devices and door protection equipment o Loadweighers, car frames and platforms, and counterweights o Safety mechanisms Lubricate equipment for smooth and efficient performance Adjust elevator parts and components to maximize performance and safe operation Full Coverage Parts Repair and Replacement ThyssenKrupp Elevator will provide full coverage parts repair and/or replacement for all components worn due to normal wear, unless specifically excluded in the "Items Not Covered" or "Other Conditions" provisions herein. We maintain a comprehensive parts inventory to support our field operations. All replacement parts used in your equipment will be new or refurbished to meet the quality standards of ThyssenKrupp Elevator. Most specialized parts are available within 24 hours, seven days a week. We will relamp all signals as required (during regularly scheduled visits). Maintenance Control Program ThyssenKrupp Elevator performs service in accordance with our written Maintenance Control Program. This program meets or exceeds any and all requirements of AS ME A 17.1-2007 Code, Section 8.6. The Maintenance Control Program Includes ThyssenKrupp Elevator's Maintenance Tasks & Records documentation which shall be used to record all work performed on the equipment and is provided with each controller. We do not perform any tests unless such tests are specifically listed as included elsewhere in this agreement. Oualjly Assurance To help increase elevator performance and decrease downtime, our technicians utilize the latest industry methods and technology available to us for your specific brand of elevator. They will be equipped with our tools, documentation and knowledge to troubleshoot your unique system, as well as access to a comprehensive parts replacement inventory system. Behind our technicians is a team devoted to elevator excellence. Technicians are supported around the clock by a team of engineers and field support experts. Our North American technical support facilities continuously research advancements in the industry and in your equipment. Also, our internal quality control program ensures optimum and reliable operation of your elevator equipment. To assure that quality standards are being maintained, we may conduct periodic field quality audit surveys. Your dedicated ThyssenKrupp Elevator representative will be available to discuss your elevator needs with you in all aspects of service and modernization. In addition, you may receive recommendations for upgrades that will also provide you with budget options designed to enhance the appearance, performance and safety of or meet Code requirements for your equipment over time. Service Requests during Normal Working Days and Hours Service requests are defined as any request for dispatch of our technician to the location of the equipment covered in this agreement from one or more of the following: you or your representative, the building or building's representative, emergency personnel, passengers through the elevator's communication device and/or from VISTA Remote Monitoring through the elevator's communication line. Service requests include minor adjustments and response to emergency entrapments that can be accomplished in two hours or less (excluding travel time) and do not include regularly scheduled maintenance visits. We will respond to service requests during normal business working days and hours, as defined above, at no additional charge. Overtime Service Requests On all overtime service requests, you will be responsible for all labor costs including travel time, travel expenses, and time spent on the job. Such costs will be invoiced at our standard overtime billing rates. Overtime service requests are performed before or after normal business working days and hours. ® VIEW® (Check box if included) VIEW is ThyssenKrupp Elevator's customer oriented, online service activity reporting system. VIEW allows building owners and managers to monitor our maintenance and service call activity, VIEW can be accessed via the Internet any time, day or night. You can "VIEW' service tickets associated with a single elevator serviced under this agreement, for all the elevators at the location serviced under this agreement, or across an entire portfolio of elevator equipment that is serviced by ThyssenKrupp Elevator. Special considerations regarding VIEW are set forth below. Elevator Maintenance Agreement TK-75-0552 TK GA 03/09 Page 2 of 5 ❑ IV STA® (Check box if included) VISTA Remote Monitoring is ThyssenKrupp Elevator's exclusive service for monitoring the status and performance of your elevator(s). VISTA monitors compatible equipment 24 hours per day, 7 days per week, and 365 days per year. Constantly monitoring performance data on your equipment provides ThyssenKrupp Elevator the ability to respond to operational irregularities quickly and more efficiently. With VISTA, we can often dispatch a service technician to your location before any interruption in elevator service occurs. Service visits based on VISTA data will be made during normal business hours on normal business days. ❑ SoundNet® (Check box if included) SoundNet is ThyssenKrupp Elevator's 24-hour telephone monitoring and emergency call service. Our representatives are trained to handle elevator calls and they can assess the situation and quickly dispatch a technician when necessary. If needed, they can stay on the line to reassure a stranded passenger that help is on the way. SoundNet maintains digital recordings and computerized records of the time, date, and location of calls received and action taken for the benefit of passengers and building owners. ❑ Periodic Safety Testing (Check box if included) ThyssenKrupp Elevator will test your equipment in accordance with those annual periodic testing requirements as outlined in the American National Safety Code for Elevators and Escalators, ANSI A 171, which are in effect at the time this agreement is executed. In the event that the state, city or local governing authority in which the equipment is located has adopted different requirements, ThyssenKrupp Elevator will test your - equipment in accordance with those annual periodic testing requirements in effect at the time this agreement is executed. You agree to pay for any costs of the inspector and/or inspection fees. 'rod llCt lnformatjDn. You agree to provide ThyssenKrupp Elevator with current wiring diagrams that reflect all Changes, parts catalogs, and maintenance instructions for the equipment covered by this agreement (exception: we will supply all of the above for new ThyssenKrupp elevators at no additional cost). You agree to authorize us to produce single copies of any programmable device(s) used in the equipment for the purpose of archival back-up of the software embodied therein. These items will remain your property. Safety. You agree to instruct or warn passengers in the proper use of the equipment and to keep the equipment under continued surveillance by competent personnel to detect irregularities between elevator examinations. You agree to immediately report any condition that may indicate the need for correction before the next regular examination. You agree to immediately shut down the equipment upon manifestation of any irregularities in either the operation or the appearance of the equipment, to immediately notify us, and to keep the equipment shut down until the completion of any repairs. You agree to give us immediate verbal notice and written notice within ten (10) days after any occurrence or accident in or about the elevator. You agree to provide our personnel with a safe place to work. You agree to provide a suitable machine room, including secured doors, waterproofing, lighting, ventilation, and appropriate air temperature control to maintain that room at a temperature between 50°F and 90°F. You also agree to maintain the elevator pit in a dry condition at all times. Should water or other liquids become present, you will contract with others for removal and the proper handling of such liquids. We reserve the right to discontinue work in the building whenever, in our sole opinion, our personnel do not have a safe place to work. You also agree that if ThyssenKrupp Elevator's inspection of a piece of equipment serviced under this agreement reveals an operational problem which, in ThyssenKrupp Elevator's sole judgment, jeopardizes the safety of the riding public, ThyssenKrupp Elevator may shut down the equipment until such time as the operational problem is resolved. In that event, ThyssenKrupp Elevator will immediately advise you in writing of such action, the reason for such action, and whether any proposed solution is covered by the terms of this agreement. Other. You agree not to permit others to make alterations, additions, adjustments, or repairs or replace any component or part of the equipment during the term of this agreement. You agree to accept our judgment as to the means and methods employed by us for any corrective work under this agreement. Since ThyssenKrupp Elevator's top priority is the satisfaction of its customers, if you should have any concern(s) with the means and methods used to maintain or repair the equipment covered under this agreement, you agree to provide us with written notice of that concern and give us thirty (30) days to respond either in writing or commence action to appropriately resolve it. In the event of the sale, lease or other transfer of the ownership or management of the premises in which the elevator(s) or equipment described herein are located, you agree to see that such transferee is made aware of this agreement and agrees to assume and/or be bound by the conditions hereof for the balance of the unexpired term of this agreement. Should the transferee fail to assume this agreement, you shall remain liable for all unpaid amounts, including those owed for the balance of the current unexpired term of this agreement. Items Not Covered. We do not cover cosmetic, construction, or ancillary components of the elevator system, including the finishing, repairing, or replacement of the cab enclosure, ceiling frames, panels, and/or fixtures, hoistway door panels, door frames, swing door hinges and closing devices, sills, car flooring, floor covering, lighting fixtures, ceiling light bulbs and tubes, main line power switches, breaker(s), feeders to controller, below ground or unexposed hydraulic elevator system, including but not limited to, jack cylinder, piston, PVC or other protective material; below ground or unexposed piping, alignment of elevator guide rails, smoke and fire sensors, fire seance reports, all communication and entertainment devices, security systems not installed by us, batteries for emergency lighting and emergency lowering, air conditioners, heaters, ventilation fans, pit pumps and all other items as set forth and excluded in this agreement. ThyssenKrupp Elevator does not accept responisbility, to test, maintain, repair or replace the Kone Elevator "Machine Room Less" hoist machine under the standard contract coverage. Any required repair or replacement of machine will be billed at "time and material rates". (except for items damaged as a result of ThyssenKrupp Elevator negligence b'C conduct.) Other Conditions. With the passage of time, equipment technology and designs will change. If any part or component of your equipment covered under this agreement cannot, in our sole opinion, be safety repaired and is no longer stocked and readily available from either the original equipment manufacturer or an aftermarket source, that part or component shall be considered obsolete. You will be responsible for all charges associated with replacing that obsolete part or component as well as all charges required to ensure that the remainder of the equipment is functionally compatible with that replacement part or component. In addition, we will not be required to make any changes or recommendations in the existing design or function of the unit(s) nor will we be obligated to install new attachments or parts upon the equipment as recommended or directed by insurance companies, governmental agencies or authorities, or any other third party. Moreover, we shall not be obligated to service, renew, replace and/or repair the equipment due to any one or more of the following: anyone's abuse, misuse and/or vandalism of the equipment; anyone's negligence in connection with the use or operation of the equipment; any loss of power, power fluctuations, power failure, or power surges that in any way affect the operation of the equipment; fire, smoke, explosions, water, storms, wind, Elevator Maintenance Agreement TK-75-0552 TK GA 03/09 Page 3 of 5 lightening, acts of civil or military authorities, strikes, lockouts, other labor disputes, theft, riot, civil commotion, war, malicious mischief, acts of God, or any other reason or cause beyond our control that affects the use or operation of the equipment. You expressly agree to release and discharge us and our employees for any and all claims and/or losses (including personal injury, death and property damage, specifically including damage to the property which is the subject matter of this agreement) associated therewith or caused thereby. Thyssen rupp Elevator shall also automatically receive an extension of time commensurate with any delay in performance caused by or related to the aforementioned and you expressly agree to release and discharge ThyssenKrupp Elevator from any and all claims for consequential, special or indirect damages arising out of the performance of this agreement. In no event shall ThyssenKrupp Elevator's liability for damages arising out of this agreement exceed the remaining unpaid installments of the current, unexpired term of this agreement. Should your system require any of the safety tests on the commencement date of this agreement, ThyssenKrupp Elevator assumes no responsibility for the day-to-day operation of the governor or safeties on traction elevators, or the hydraulic system on hydraulic elevators under the terms of this agreement until the test has been completed and the equipment passed. Should the respective system fail any of those tests, it shall be your sole responsibility to make necessary repairs and place the equipment in a condition that we deem acceptable for further coverage under the terms of this agreement. We shall not be liable for any damage to the building structure or the elevator resulting from the performance of any safety tests we perform at any time under this agreement. If during the initial firefighter's service test, that feature is found to be inoperable, you shall be responsible for all costs associated with necessary repair(s) to bring the elevator(s) into compliance with the applicable elevator codes in your local jurisdiction. In the event a third party is retained to enforce, construe or defend any of the terms and conditions of this agreement or to collect any monies due hereunder, either with or without litigation, the prevailing party shall be entitled to recover all costs and reasonable attorney's fees. You hereby waive trial by jury. You agree that this agreement shall be construed and enforced in accordance with the laws of the state where the equipment is located. You consent to jurisdiction of the courts, both state and Federal, of the state in which the equipment is located as to all matters and disputes arising out of this agreement. In the event any portion of this agreement is deemed invalid or unenforceable by a court of law, public policy or statute, such finding shall not affect the validity or enforceability of any other portion of this agreement. Our rights under this agreement shall be cumulative and our failure to exercise any rights given hereunder shall not operate to forfeit or waive any of said rights and any extension, indulgence or change by us in the method, mode or manner of payment or any of its other rights shall not be construed as a waiver of any of its rights under this agreement. Price. The price for the services as stated in this agreement shall be Three Hundred Ninety-Five dollars 395.00) per month, excluding taxes; payable quarterly in advance. Term. This agreement is effective for two (2) years starting upon signature. Annual Price Adjustments. Since our costs to provide you with the service set forth in this agreement may increase, we reserve the right to adjust the price of our service under this agreement accordingly. In the event this occurs, we will adjust your monthly price based on the percentage change in the average rate paid to elevator examiners. This rate paid to elevator examiners consists of the hourly rate paid to examiners plus fringe benefits and union welfare granted in place of or in addition to the hourly rate. Fringe benefits include pensions, vacations, paid holidays, group insurance, sickness and accident insurance, and hospital insurance. We also reserve the right to make additional adjustment to the price of our service under this agreement and/or enact surcharges as needed to account for increased fuel prices when such increases exceed the Consumer Price Index (CPI) current rate. We also reserve the exclusive right to make additional adjustment to the price of our service under this agreement in the event that the equipment covered by this agreement is modified from its present state. Early Payment Discount. You may elect to pay in advance for twelve (12) months of service described in this agreement. Such a pre- payment entitles you to a 3% discount from the annual price in effect at the time of payment. Overdue InyolceS. A service charge of 11h% per month, or the highest legal rate, whichever is more, shall apply to all overdue accounts you have with ThyssenKrupp Elevator that are in any way related to your equipment described in this agreement. If you do not pay any sum due to ThyssenKrupp Elevator related to your equipment described in this agreement, regardless of whether it is billed pursuant to this agreement or anyy other with us, within sixty (60) days from the billing date, we may also choose to do one or more of the following: 1) suspend all service until all amounts due have been paid in full, and/or 2) declare all sums for the unexpired term of this agreement due immediately as liquidated damages and terminate our obligations under this agreement. If ThyssenKrupp Elevator elects to suspend service, we shall not be responsible for personal injury, death, damage to property (including damage to the equipment that is the subject matter of this agreement) or losses of any other type or kind that is in any way related the ThyssenKrupp Elevator's suspension of service. Upon resumption of service, you will be responsible for payment to ThyssenKrupp Elevator for all costs we incur that result from our suspension of service and to remedy any damage caused to your equipment during that time. Time is of the essence. Acce tance Your acceptance of this agreement and its approval by an authorized manager of ThyssenKrupp Elevator will constitute exc uslve y and entirely the agreement for the services herein described. All other prior representations or agreements, whether written or verbal, will be deemed to be merged herein and no other changes in or additions to this agreement will be.recognized unless made in writing and properly executed by both parties. Should your acceptance be in the form of a purchase order or other similar document, the provisions of this agreement will govern, even in the event of a conflict. This proposal is hereby accepted in its entirety and shall constitute the entire agreement as contemplated by you and us. This proposal is submitted for acceptance within one-hundred twenty (120) days from the Date Submitted by the ThyssenKrupp Elevator representative indicated below. No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the prior written approval of an authorized ThyssenKrupp Elevator manager. Elevator Maintenance Agreement TK-75-0552 TK GA 03/09 Page 4 or 5 Th enKrupp Elevator Corporation: os o ThyssenKrupp Elevator Corporation Approval: By: By: By: (Signature of Thysenli Elevator Representative) y(Signature ugiorizedlndividual) (Signature of Authorized Individual ICLL ~ GavliaBowden (Prin or Type Name) (Print or Type Name) Service Sales Rep l ~C (713)849-2191 l (Print rType Title) (Print or Type Title) August 25. 2009 q 10L 61 (Date Submitted) (Date of Approval (Date of Approval) Special Considerations VIEW& ThyssenKrupp Elevator agrees to provide a user name and password to Purchaser via ThyssenKrupp Elevator's Internet website, www.tke- view.com, for your access to maintenance and service call activity. Purchaser's Internet availability equipment (including hardware and software) and Internet connection shall be provided by others. You acknowledge that data reported prior to January 1, 2004 may not be all-inclusive of work actually performed, Additionally, you acknowledge that any work performed by repair, modernization, and/or construction personnel may not be included or accessible in VIEW until ThyssenKrupp Elevator's PDA system for time reporting is fully deployed to all field employees. Requests for additional information and maintenance and service call activity tickets which are not-generated by electronic means shall be made to your local ThyssenKrupp Elevator branch office as shown on page 1 of this agreement. ThyssenKrupp Elevator reserves the right to restrict access to this information if Purchaser's account has an outstanding unpaid balance greater than 30 days and/or if you have provided written notification of your intent to cancel our agreement and/or in the event of anticipated, pending or instigated litigation by either party. ThyssenKrupp Elevator has the right to inspect the equipment within the first 30 days of this contract for pre existing conditions which require repair. We will prepare a repair order to correct the existing deficiencies, which must be agreed to and signed or this contract will be void at the end of the 30 day period. TERM: This agreement if effective for two(2) years starting upon signature provided funds are allocated by Brazos County each year for this expenditure and will renew for one (1) year terms upon written notice by either party. ANNUAL PRICE ADJUSTMENTS: Thysseknrupp Elevator will provide written notice of price adjustments thirty (30) days prior to each term of this contract renewal. Brazos County has fifteen (15) days to respond to notice of price adjustment to accept or disagree. If price adjustmens cannot be agreed upon, either party may cancel with thirty (30 days written notice. Elevator Maintenance Agreement TK-75-0552 TK GA 03MD Page 5 of 5 ,;~la AMENDMENT To Contract Between Greenway Constructors, Inc. and Brazos County This amendment to the contract dated August 8, 2008 between GCI and Brazos County includes the removal of the requirement to provide the payment and performance bond for the Design Services of the contract in the amount Eighty Thousand and No/100 Dollars ($80,000.00) and the Pre-Construction Services in the amount of Eighty Thousand and No/100 Dollars ($80,000.00). Therefore the bond amount will be Nine Hundred Forty Thousand and No/ 100 Dollars ($940,000.00) for construction only. In addition, this project name has been changed by the Brazos County Sheriff's Office from Minimum Security Facility to the Brazos County Low Risk Facility. Executed this 1 st day of September, 2009. A-I 4CoJudge Randy Sims Stephen P Byrne, President Greenway Constructors, In RENEWAL ACCEPTANCE: By signing herewith, I acknowledge and agree to renew the current Bid for UNIFORM RENTAL, Bid 2007-038, for an additional two years at the same cost. The new Bid Number will be 2009-49R. I understand that Bid 2009-049R will be in effect from October 1, 2009 through September 30, 2011. ARAMARK Uniform Services, a division of ARAMARK Uniform & Career Apparel, LLC UNIFORM RENTAL Date BRAZOSCOUNTY Gjotly9 Randy SJudge Date Bid Confimtation Sheet Bid Request No. 2007-038 BWOS COUNTY, TEXAS Page 7 of 10 pages Arena Hall (12 every 2 wks.) 'Will be closed permanently Sept 15,'2007, mats will he returned. 4.3 Ste: 3 x 10 Mats Road and Bridge (2 per wk.) Courthouse (2 per wk,) Administration Building (2 per wk.) 'Starting May'08 5.0 Each bidder must furnish, at or before time of bid opening, a sample of the uniform the bidder proposes to fumish. Failure to do so may be determined as just cause to refuse or reject the bid_ (There will be a presentation of requested vendors to supply bid samples) 6.0 Any variafion from these specifications must be indicated on the Bid or on a separate attachment to the Bid. The sheet shall be labeled as such. E. QUOTATION Quantes listed are estimates of our anticipated needs and will be used for tabulation purposes only. The specified estimates are not guaranteed minimums. Fill in the blanks with unit prices that are firm for the contract period. 1. UNIFORMS Contractor to furnish eleven (1 i) uniforms per employee SPECIFY: A Shirts: i. Poplin, polyester, cotton blend(21a) $ C~4 35 wk ii. Dum 8tdpes(2.1b) $ wk m. Poplin (21c) $ . Z2 00 wk iv. Stretch Yam (21d) $ e0 C7 wk v. TwillKnit (2.ie) $ en wk B. Pants: i. Pleated, polyester, wool blend (2.2a) $ c~-' , 50 wk o Jeans, denim, 100% cotton (2.2b) $ wk n. Women's pants, non pleated (22c) $ wk' iv. Coveralls (blue) $ wk ) C. Smock: (2.3) $ -wk i. Pressed Lab Coat (2.3a) $ ~peir~ D. Jackets ~ $ a E. Environmental (Waste Water) Charges (if any) $----&--_wk F. Size change charge, dany $ `C7 wk aid Continuation Sheet Rid Raqusst No. 2DD7-D38 BRAZOS COUNTY, TEXAS Page 8 of io pages 2- MOP HEADS: Cost per head A. ~v-124' Dry Mop Head with handleH $ X ~y wk B. \.,\W Dry Mop Head with handle $ i /J wk C. 48' Dry Mop Head with handle $ wk D. Wet Mop with handle $ wk 3. FLAT ENTRANCE MATS: A- 3 x 4 Mats (S.1) $ wk B. 4 x Mats (5.2) $~wk C. 3 x 1 10 Mats (5.3) $ wk 4. Please indicate the type of uniform control system, if any, is available through your company. I l~ 'Le J125`J/i fR f i u v~ " i5'A.DY LogMew- ~ 7 b/7?s G9fl( /u 5. Delivery charge per mile (d any) $ 6. Minimum delivery charge (if any) $ P4 7, Emergency Charge (if any) $ 8. Environmental/Fuel Charge (d any) $ LoCct 7ZYj F. CERTIFICATION OF BID The undersigned affirms that they are duly authoriz ed to execute this contract, fhat this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior a official opening of this bid. Signed By Title: Vice President Typed Name: David Michaelson ABAMARK Unioorm Services,a division of ARAMARK Uniform & Career Apparel, Company Name: Phone No. 818-973-3720 LLC Mailing Address 115 N. First Street Burbank, CA. 91502 P.O. Box or Street ~ State Zip Employer identification Number. 95-308288 Social Security Number. N/A CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2007-D38 14 BID TABULATION 2007-038 UNIFORM RENTAL Admiral Linen and UniFirst G 6 K Shepherd's Aramark Description Uniform Service Holdings LP Services Uniforms Uniforms 1. UNIFORMS 11 per wk 11 per wk. only delivers 5 a wk. A. SHIRTS 1. Poplin,polyesler, cotton blend $2.75 $1.76 $1.75 $242 $235 H. Duro Stripes $3.00 $2.64 $1.75 $2.75 $2.50 iii. Poplin $4.00 $2.64 $1.75 $3.00 $3.00 iv. Stretch Yam $4.00 $3.08 $1.75 $4.25 $3.00 v. Twill knit $6.00 $3.08 $1.75 $4.25 $3.00 B. PANTS 1. Pleated, polyester, wool blend $6.00 $5.83 $2.00 $3.00 $2.50 6. Jeans, denim, 100% cotton $4.00 $2.97 $2.25 $4.07 $3.25 iii. Women's non pleated pants $6.00 $2.97 $2.00 $2.75 $2.50 iv. Coveralls $6.00 $5.72 $4.00 $5.50 $1.00 C. SMOCK 1. smock $3.50 $22.00 $1.75 $5.00 ii. Pressed Lab Coal $12.50 $11.00 $1.75 $275 $3.75 D. JACKETS I. jacket cleaning buy $3200ich $2.00 wk. buy/$0.51 buy $15.00/dn $.50 wk buy $30.001$1.00 wk, buy/$0.40 E. Environmental Charge $0.00 $6.97 $0.00 F. Size Change i. pants $150 each $10.00 $0.00 $5.50 $0.00 _ n. shirts $4.75 each $10.00 $0.00 $5.50 $0.00 II. MOP HEADSloost per head A. 24' Dry Mop Head wmandle $0.72 $0.84 $0.40 $0.60 $1.00 B. 36' Dry Mop Head w/handle $1.08 $126 $0.50 $0.44 $1.15 C. 48' Dry Mop Head w/handie $1.72 $1.68 $0.65 $0.92 $1.35 D. Wet Mop with handle $0.50 $1.52 $0.65 $2.00 $225 III. FLAT ENTRANCE MATS A. 3x4 Mats $1.31 $296 $125 $150 $1.50 B. 4 x 6 Mats $2.53 $3.35 $3.D0 $3.00 t $350 C. 3 x 10 Mats $3.67 $5.48 $3.25 $4.50 $4.50 IV. A. Uniform Control System locker/ $2.D0 per locker Locker system for locker and Soll dmp locker/$1.00 each employee at soil bins lockers per locker no cost to Brews Co. $1.00 per locker B. Derwery charge per mile $7.50 per location $0.00 $0.00 $0.00 C. Minimum delivery charge $35.00 per location $35.00 per location $0.00 $0.00 $0.00 D. Emergency Charge $0.D0 $0.D0 $0.00 $0.00 $0.00 E. Env. Fuel Charge $0.D0 $0.00 $2.50 $6.00 lomagon Awa : Arama c niforms Approved: Date: !0L a q -CC ~ r. a AUG 2 8.2.009 MAf~C hiAt IN, ui T CLERK In the District Courts of Brazos County, Texas ORDER DETERMINING COMPENSATION OF COUNTY AUDITOR AND ASSISTANT COUNTY AUDITORS On the 27th day of August, 2009, after a public hearing in accordance with the Texas Local Government Code, the undersigned Judges of the District Courts in Brazos County, Texas, determined the compensation to be paid to the County Auditor and Assistant County Auditors as set forth in this order. IT IS ORDERED, effective October 1, 2009, that the County Auditor and each Assistant County Auditor positions shall be paid annual compensation in the amounts set forth in the attached Exhibit "A" which is incorporated herein; provided however, if in the FY 2009-2010 county budget, the Commissioners Court of Brazos County approves any cost of living increase to the salaries of county employees, the amounts of annual compensation reflected in the attached Exhibit "A" shall be increased by the same percentage amount of cost of living adjustment approved by the Commissioners Court. Actual compensation amounts for each individual Assistant County Auditor will submitted to the Brazos County Human Resources department by the County Auditor and shall not exceed the position amount in Exhibit "A". Additionally, the County Auditor and Assistant Auditors shall be paid longevity based on years of service at September 30, 2009, in accordance with 095 the Brazos County Longevity Pay Policy and in the amount set forth by said policy. IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in the minutes of the District Courts of Brazos County, Texas and shall certify this order to the Commissioners Court of Brazos County, Texas prior to September 1, 2009, for its observance. d. SIGNED this 27 `day of August, 2009. l L L D. LANGLEY RAVIS B. BRYAN, III residing Judge Presiding Judge 85'h District Court 272"d District Court aL_ L STEVE SMITH Presiding Judge 361st District Court QIL EXHIBIT A ORDER DETERMINING COMPENSATION OF COUNTY AUDITOR AND ASSISTANT COUNTY AUDITORS Fiscal Year 2009-2010 POSITION: EMPLOYEE HIREBATE,... ANNUALSALkRY County Auditor Katie Conner 3/20/1995 $86,271.00 Director of Accounting Fang Dan5/17/1999 $64,181.00 Director of Internal Auditing Mark Garton 8/12/2004 $58,831.00 Assistant Count Auditor-Level III Am Bates 5/17/1999 $46,781.00 Assistant Count Auditor-Level II Megan Conkel 10/13/2003 $39,359.00 Assistant County Auditor-Level II Rosa Lozano 10/13/2003 $38,980.00 Assistant County Auditor-Level II Brian Pratt 2/27/2004 $39,359.00 Assistant County Auditor-Level I Magdalen See 11/15/2005 $36,565.00 Assistant County Auditor-Level I Thao Can 4/7/2008 $35,078.00 Accounting Assistant-Level II Beverly Mu h 10/10/1994 $33,855.00 Assistant Auditor-Part time Cynthia Lockled e 5/14/2008 $10,972.00 ACKNOWLEDGED: ZiSS:. sit{-~;,: : Randy Si County Judge date • r THE STATE OF TEXAS, COUNTY OF BIOS l,Marc Hamlin, Clerk pf the District of Brazos County, Texas. do hereby certify that the original; this the foregoing is awe and on,= copy redacted in Cause Nocertification reflects that the SSNs have been No. ATTEST: Marc Hamlin MARCHAMLIN Distri By:- ct Clerk, Brazos County, Texas. By. ~-(ud Deputy ' l,( -r,~ `d l U • A~J ~ O~dE Q~wl AUG 2 8 2009 MARC hAMi IN, 0%CLERK ByBrazos CCourdy, Texas In the District Courts of Brazos County, Texas ORDER DETERMINING COMPENSATION OF COURT REPORTERS On the 27th day of August, 2009, after a public hearing in accordance with the Texas Local Government Code, the undersigned Judges of the 85d', 272nd and 361x` District Courts in Brazos County, Texas, determined the compensation to be paid to the Official Court Reporters of the 85`h, 272nd and 36151 District Courts as set forth in this order. IT IS THEREFORE ORDERED that, effective October 1, 2009, the annual compensation of the Official Court Reporters of the 85"' 272nd and 3613` District Courts be set as follows: l aarx. 'e t ac f9"`.7C ,~a; xta. 4V h am C',"1C Court Reporter, 85` District Court Paula K. Frederick $65,125.00 Court Reporter, 272" District Court Carolyn J. White $65,125.00 Court Reporter, 36151 District Court Felix Thompson $65,125.00 IT IS FURTHER ORDERED that if, in the FY 2009-2010 county budget, the Commissioners Court of Brazos County approves any cost of living increase to the salaries of county employees, the amounts of annual compensation reflected above shall be increased by the same percentage amount of any cost of living adjustment approved by the Commissioners Court. Page 1 oft Ian ,r,~.~q L IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in the minutes of the District Courts of Brazos County, Texas and shall certify this order to the Commissioners Court of Brazos County, Texas, prior to September 1, 2009, for its observance. t~. SIGNED this 2? - day of August, 2009. 3.-.LANGLEY STEVE SMITH Presiding Judge Presiding Judge 85`x' District Court 361x` District Court VIS B. BRYAN, III Presiding Judge 272nd District Court ACKNOWLEDGE : $OSA%R a,> - it ;:.,:a, 4Simounty Judge dataege o z _ r THE STATE OF TEXAS. COUNTY OF BRAZOS I.Marc Hamlin, Clerkpf the District of Brazos County. Texas, do hereby certify that the foregoing is a true and correct copy of the original; this certification reflects that-the SSNs have been redacted in Cause No. ATTEST Marc Hamlin MARC HAMLIN, District Clerk, Brazos County, Texas Bfc~a i c 9.~..- . Deputy