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HomeMy WebLinkAbout2010-09-21-4:00PM-REGULARBRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 21, 2010 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Commissioner Wassermann. 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation regarding Delinquent Property Tax Collection Activity for the period of 1 July 2008 through 30 June 2010. Consider and take action on agenda items 4 - 45: 4. Contract renewal with McCreary. Veselka. Bragg & Allen P.C. for the Collection of Criminal and Civil Court Costs and Fees. 5. Agreement with Brazos County Emergency Communications District (9.1.1) for FY 2011. 6. Agreement with the Arts Council of Brazos Valley for FY 2011 7, Agreement with Big Brothers Big Sisters of Brazos Valley for FY 2011. 8. Agreement with the Boys & Girls Clubs of Brazos Valley for FY 2011. 9. Agreement with Keep Brazos Beautiful, Inc. for FY 2011. 10. Agreement with the Brazos Valley Food Bank. Inc. for FY 2011. 11. Agreement with the Brazos Animal Shelter for animal shelter services for FY 2011. 12. Contract with Health For All, Inc. for FY 2011. 13. Agreement with the Brazos County Historical Commission for FY 2011. rJ Vol. 1 ZS— Pg•- ---- -- 14. Contract with Brazos Maternal & Child Health Clinic. Inc. for FY 2011. 15. Contract with Brazos Valley Retired Senior Volunteer Program for FY 2011. 16. Agreement with the Brazos County Soil and Water Conservation District #450 for FY 2011. 17. Contract with Mental Health Mental Retardation of Brazos Valley for FY 2011. 18. Title IWE Child Welfare Services contract #23380021 with the Texas Department of Family and Protective Services for FY 2011. 19. Title IWE Legal Services contract #23380017 with the Texas Department of Family and Protective Services for FY 2011. 20. Amendment to the Agreement with Tovo Ink to provide a 10% increase In tax abatment for years 2012 and 2014. Toyo Ink will be required to add $6,000.000 in fiscal assets and increase its payroll. 21. Renewal of service agreement with Southwest Solutions Group for the rolling spacesaver storage system In the Sheriff's Department evidence room for FY 2011. 22. Renewal of lease with Southwood West for office space for the Constable, Precinct 1 for FY 2011. 23. Renewal of lease with Southwood West for office space for the Justice of the Peace. Precinct 1 for FY 2011. 24. Contract renewal with Ray Criswell Distributing for janitorial supplies. Term of agreement is 15 October 2010 through 14 October 2011., 25. Renewal of the Casualty Insurance with Texas Association of Counties, with addition of the Property package, which is the lowest price with an additional savings to the Work Compensation In the form of a bonus. 26. Permission to advertise Bid # 2010 -43, Oil Changes for Brazos County. 27. Request from the Exposition Center for Indemnification of $75.00. 28. Interim Expunction policy. 29. Request from the County Clerk for a variance of the Comp Time Policy, allowing employees of the 30. Payment authorization In the amount of $1,527.43 to ThyssenKrupp Elevator for repairs made to the Jail elevator in the Courthouse. Work preformed was not covered under the maintenance agreement. 31. Payment authorization In the amount of $772.00 from the District Attorney's Office to Documation. Inc. for the purchase of a copier part for faxing capability; a purchase order was not obtained in advance. 32. Payment Authorization in the amount of $1,529.54 from the District Attorney's Office to the LaSalle Hotel for lodging for witnesses; a purchase order was obtained but closed by mistake. 33. Payment Authorization in the amount of $17,040.99 from the District Attorney's Office to Price Proctor & Associates, LLP for expert witness testimony and work done on the trial State vs. Danny Grammer; a purchase order was obtained but invoice amount exceeded the amount of the purchase order. 34. Request from the owner of the Edge General Store for permission to close part of Edge Cutoff Road for the "Rompin', Stompin' Streetfest" on Saturday 23 October 2010 from 12:00 noon to 12:00 midnight: site is located in Precinct 2. 35. Request from Bryan Texas Utilities to construct a road borelunderg round crossing for installation o 2 -Inch PVC conduits in the right of way of Jones Road approximately 0.35 mile northwest of West Vi Maria Road. Site is located in Precinct 4. 36. Request for permissioner to enter John Moreno's property located off Cole Lane for the purpose of lengthening the roadway culvert and minor reshaping of the drainage channel for the health, safety welfare of the general public. Site is located in Precinct 3. 37. Oil and gas lease with Whittler Energy Company for 15.654 acres in Brazos County. This is the Wgir Vol. Unit ( approximately 600 acres), well is Burna Williams #1. The primary lease term is three years and the bonus amount is $200 /acre and the royalty will be 115. The Well will be placed in Precinct 4 and the Unit overlaps Precinct 1 and 4. 38. Salary Schedule for FY 2011. 39. Appointment of James Meadows as a non -paid Deputy Constable in the Precinct 3 Constable's Office. 40. Appointment of Laura Windwehen, Executive Director of the Sexual Assault Resource Center, to the Local Workforce Development Board; appointment term is 01 October 2010 to 30 June 2013. 41. Tax Refund Applications for the following: a. HSBC c/o First American Real Estate Tax Service (2) b. Vanderbilt Mortgage & Finance, Inc c. WaVelan Garner 42. Commissioners Court minutes for the following dates: a. 19 July - 06 Aug. 2010 Budget Workshop b. 03 August 2010 Regular Meeting c. 10 August 2010 Regular Meeting d. 17 August 2010 Regular Meeting e. 24-27 August 2010 Budget Workshop f. 24 August 2010 Regular Meeting q. 24 August 2010 Workshop Session h. 27 August 2010 Special Meetina 130 August 2010 Workshop Session I. 31 August k. 31 August 2010 Regular Meeting 2010 Public Hearing 43. Budget Amendments. Budget Amendments 09/10 49.1 - 49.6 44. Personnel Change of Status. Personnel Action Forms 45. Payment of Claims. 46. Announcement of interest items and possible future agenda topics. 47. Call for Citizen input and /or concerns. 48. Agency/ Board/ Committee reports by Court members. 49. Adjourn. VOt. 1 3 Pg. 109. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. VC01 138 Pg.. 110 COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 21, 2010 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 4:00 p.m. on Tuesday, September 21, 2010 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, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner Wassermann gave the invocation and then led the pledge of allegiance. Under citizen input /and or concerns, the following spoke: Bill Kelly, MHMR Authority of Brazos Valley a) Thanked the Court for their support of the MHMR The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, Vol 13 3 Page '1 I I Commissioners Court meeting September 21, 2010 2 representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. The next matter before the Court was the renewal of contract with McCreary, Veselka, Bragg, Allen, P.C. for the Collection of Criminal and Civil court costs and fees. The effective date of the contract will be the date of approval. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to renew the contractual agreement with McCreary, Veselka, Bragg, Allen, P.C. for the Collection of Criminal and Civil court costs and fees. A copy of the contractual agreement is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos County Emergency Communications District to perform for the County, Emergency Communications Serviced Dispatching. The cost to Brazos County will be $697,338.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Brazos County Emergency Communications District and authorized the County Judge to execute the document. A copy is attached. Vol IP Page II2., Commissioners Court meeting September 21, 2010 3 The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Arts Council of Brazos Valley to provide assistance to local arts organizations through funding support, advocacy, outreach marketing and partnership building. The cost to Brazos County will be $10,000.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Arts Council of Brazos Valley and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Big Brothers Big Sisters of Brazos Valley to provide mentoring services, one to one relationships for all children who need and want them. The cost to Brazos County will be $9,000.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. The County Judge moved to approve the contract. There was no second to the motion. The motion died for lack of a second. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Boys & Vol 13� Page 113 Commissioners Court meeting September 21, 2010 4 Girls Clubs of Brazos Valley to provide opportunities for youth to grow as productive citizens of our communities. The cost to Brazos County will be $45,000.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with Brazos County Emergency Communications District and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a contractual agreement between Brazos County and Brazos Beautiful, Inc. to assist in training area youth and adults in school, museums, civic clubs etc. on the importance of litter prevention, recycling, reuse and buying recycled products, conservation of resources, the proper care and planting of trees and maintain a lending library to assist in teaching about a variety of environmental issues. The cost to Brazos County will be $15,000.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement Brazos Vol 138 Page 114- Commissioners Court meeting September 21, 2010 5 Beautiful, Inc and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a contractual agreement between Brazos County and the Brazos Valley Food Bank, Inc. to distribute food to moderate and low income persons who are at risk of hunger and malnutrition. The cost to Brazos County will be $7,700.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Brazos Valley Food Bank, Inc and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Animal Shelter, Inc. to house stray unwanted or abandoned animals. The cost to Brazos County will be $67,4220.08. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. Commissioner Peters moved to table consideration. The County Judge seconded the motion. Commissioners Wassermann, Peters, Mallard and the County Judge voted "Aye ". Commissioner Cauley voted "No ". The motion to table carried. Vol M Page 115 Commissioners Court meeting September 21, 2010 6 The next matter before the Court was approval of a Contractual Agreement between Brazos County and Health For All, Inc. The cost to Brazos County will be $25,000.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to enter into contractual agreement with and Health For All, Inc and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos County Historical Commission to preserve Brazos County's heritage for the use, education, enjoyment and economic benefit of present and future generations. The cost to Brazos County is $5,750.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to enter into contractual agreement with the Brazos Historical Commission and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Vol '139 Page 11(0 Commissioners Court meeting September 21, 2010 7 County Maternal and Child Health Clinic, Inc. to provide services to pregnant women who qualify for such services such as interviews, lab work, physical exams, educational information and medicine as needed. The cost to Brazos County will be $67,500.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Brazos County Maternal and Child Health Clinic, Inc. and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos Valley Retired Senior Volunteer Program, under the sponsorship of the Brazos Valley Council of Governments Brazos Valley Area Agency on Aging, Inc. to provide volunteer services to citizens of Brazos County. The cost to Brazos County will be $3,000.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to enter into contractual agreement with the Brazos Valley Retired Senior Volunteer Program, under the sponsorship of the Brazos Valley Vol 139 Page [ 1'l Commissioners Court meeting September 21, 2010 8 Council of Governments Brazos Valley Area Agency on Aging, Inc. and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Brazos County Soil & Water Conservation District #450 to provide solid and water conservation services to the residents of Brazos County. The cost to Brazos County will be $4,000.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and terminating September 30, 2011. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Brazos County Soil & Water Conservation Districts 4450 and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was approval of a Contractual Agreement between Brazos County and the Mental Health Mental Retardation Authority of Brazos Valley to provide a continuum of mental health and metal retardation services and early childhood intervention services to eligible individuals residing in Brazos County. The cost to Brazos County will be $90,000.00. The term of the contract is for twelve (12) months commencing on October 1, 2010 and Vol 139 Page 119 Commissioners Court meeting September 21, 2010 9 terminating September 30, 2011. on motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to enter into contractual agreement with the Mental Health Mental Retardation Authority of Brazos Valley and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was to consider the Title IV -E Child Welfare Services Contract #23380017 and #23380021 with the Texas Department of Family and Protective Services for FY2011. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract with the Texas Department of Family and Protective Services for FY2011 and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was to consider the Title IV -E County Legal Services Contract #23380017 with the Texas Department of Family and Protective Services for FY 2011. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract_ with the Texas Department of Family and Protective Services for FY2011 and authorized the County Judge to execute the document. A copy is attached. The Court proceeded to consider an Amendment to the Vol 139 Page 119 Commissioners Court meeting September 21, 2010 10 Agreement for with Toyo Ink to provide a 10 percent increase in tax abatement for years 2012 and 2014. In exchange for this Toyo Ink will be required to add $6,000,000 in fiscal assets and increase its payroll. On motion by Commissioner Cauley, seconded by Commissioner Mallard, 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 the renewal of service agreement with Southwest Solutions Group for the rolling space saver storage system in the Sheriff's Department Evidence Room. This is a 12 month contract beginning October 1, 2010 through September 30, 2011 in the amount of $1,338.46. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the renewal of service agreement. The Court next considered renewal of a lease agreement between Brazos County and Southwood West for rental of office space in the building located at 12845 FM2154, Suite 140, College Station, Texas, for the use by the Constable, Precinct 1. Term of the lease is for the period of twelve (12) months commencing on October 1, 2010 and ending on September 30, 2011. The County agrees to pay to Southwood West the amount of one thousand six hundred fifty dollars ($1,650.00) per Vol 13Y Page I a 0 Commissioners Court meeting September 21, 2010 11 month. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to renew the lease agreement between Brazos County and Southwood West for the period stated above. A copy of the Lease Agreement is attached. The Court next considered renewal of a lease agreement between Brazos County and Southwood West for rental of office space in the building located at 12845 FM2154, Suite 180, College Station, Texas, for the use by the Justice of the Peace, Precinct 1. Term of the lease is for the period of twelve (12) months commencing on October 1, 2010 and ending on September 30, 2011. The County agrees to pay to Southwood West the amount of two thousand two hundred thirteen dollars and 50 /100 ($2,213.50) per month. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to renew the lease agreement between Brazos County and Southwood West for the period stated above. A copy of the Lease Agreement is attached. The next matter before the Court was to consider the renewal of contract with Ray Criswell Distributing for janitorial supplies. Pat Howard, Purchasing Agent recommended renewing the contract with Ray Criswell Distributing since there was not one company that had a majority of best prices. Vol W Page 0 1 Commissioners Court meeting September 21, 2010 12 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Purchasing Agent and renew the contract with Ray Criswell Distributing. A copy of the renewal is attached. The Court proceeded to consider the renewal of the Casualty Insurance with Texas Association of Counties, with addition of the Property package, which is the lowest price with an additional savings to the Workers Compensation in the form of a bonus. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal. A copy of the rates is attached. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2010 -43, Oil Change. There was a question posed as to whether or not the Health Department and Constable, Precinct 1 vehicles were covered under this bid. Purchasing stated that although the names of the two departments did not appear on the cover sheet, the vehicles were included. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for oil changes. The Court next considered a request from the Exposition Vol 1 �9 Page 0-1 A. Commissioners Court meeting September 21, 2010 13 Center for indemnification of $75.00. An employee discovered $75 in cash missing from her desk drawer. It was a fee collected from a vendor that was placed in the drawer temporarily. Since the office is always locked it is suspected it was taken by an employee with a key. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to indemnify the $75.00. The Court next considered an Interim Brazos County Information Technology Department Expunction Policy for assisting agencies with complying wit expunction orders. The policy would affect the following offices: County Attorney Justice Courts District Attorney District Clerk Sheriff's Department County Clerk On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the Interim Brazos County Information Technology Department Expunction Policy. A copy is attached. The next matter before the Court was to consider a request from the County Clerk for a variance of the Comp Time Policy, to allow employees of the County Clerk's Office until January 28, 2011 to take their accrued comp time earned while working the November General Election. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Vol 1�$ Page Ida Commissioners Court meeting September 21, 2010 14 Court voted unanimously to approve the request. The Court next considered a payment authorization in the amount of $1,527.43 to ThyssenKrupp Elevator for repairs to the jail elevator. The work performed was not covered under the maintenance agreement. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter before the Court was to consider a payment authorization in the amount of $772.00 to DocuMation, Inc. for the purchase of a part that is added to the copier to give it faxing capability. No purchase order was issued in advance. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court then considered a payment authorization in the amount of $1,529.54 to the LaSalle Hotel for lodging accommodations for out of town witnesses testifying in trials. The purchase order had been closed. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court proceeded to consider a payment authorization in the amount of $17,040.99 to Price, Proctor & Associates, LLP for expert witness testimony in a murder trial. The Vol 139 Page W Commissioners Court meeting September 21, 2010 15 invoiced amount exceeded the purchase order. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The next matter before the Court was to consider request from Teresa Bordeau, owner of the Edge General Store for permission to close part of Edge Cutoff Road in Precinct 2 for the 4th Annual Rompin', Stompin' Street Fest, Saturday, October 23, 2010 from 12:00 p.m. to 12:00 a.m. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court next considered the request from Bryan Texas Utilities to construct a road bore /underground crossing for installation of 3, 2 inch PVC conduits in the right -of -way of Jones Road approximately 0.35 mile northwest of West Villa Maria Road. The site is located in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request from Bryan Texas Utilities and authorized the installation. A copy of the request is attached hereto. The Court next considered authorizing work outside of county rights -of -way for the health, safety and welfare of the Vol 138 Page 1 �3+ Commissioners Court meeting September 21, 2010 16 general public. The Road and Bridge Department requested permission to enter the private property of John Moreno on Cole Lane in Precinct 3 to lengthening the roadway culvert and minor reshaping of the drainage channel. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The Court next considered an Oil and Gas Lease with Whittier Energy Company for 15.654 acres in Brazos County. This is the Wgir Unit (approximately 600 acres), well is Burna Williams #1. The primary lease term is three (3) years, the bonus amount is $200 /acre and the royalty will be 1/5. The well will be placed in Precinct 4 and the unit overlaps Precincts 1 and 4. On motion by Commissioner Wassermann, seconded by the County Judge, the Court voted unanimously to approve the lease agreement and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was to consider approval of the Salary Schedule for FY 2011. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the Salary Schedule. A copy is attached. The Court next considered a request from Constable Precinct 3, Wayne Thompson, to appoint James Meadows, as non- Vol 1 39 Page I o6 Commissioners Court meeting September 21, 2010 17 paid Deputy Constable. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to deny the request from Constable Thompson. The Court proceeded to consider the appointment of an individual to serve on the Board of Directors of the Local Workforce Development Board. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to appoint Laura Windwehen, Executive Director of the Sexual Assault Resource Center to serve on the Board of Directors of the Local Workforce Development Board for a term beginning October 1, 2010 thought June 30, 2013. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. HSBC c/o First American Real Estate tax Service (2), over payment $16.19, $201.70 b. Vanderbilt Mortgage & Finance, Inc., over payment $40.65 c. Wayelan Garner, over payment $182.91 On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the minutes of the Commissioners' Court meetings held in July and August 2010 on the following dates: Vol BF Page Id to Commissioners Court meeting September 21, 2010 18 Budget Hearings - Julyl9th through August 6th Budget Workshop - August 24t11 through 27th Regular Meetings - 3`a 10th 17th 24th 31st Special Meeting - 27th Public Hearing - 31st Work Shop Session - 24th 30th On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the minutes as submitted. The Court next considered Budget Amendment #09/10 -49.1 through 49.6 that would reallocate funds for County Agriculture Extension Agent; transfer funds from Contingency to Sheriff Office -Jail Administration, Constable, Precinct 1, Constable, Precinct 4 (2), Constable, Precinct 2. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. Commissioner Wassermann moved to approve as submitted. Commissioner Peters seconded the motion. Commissioners Wassermann, Peters, Mallard and Cauley voted "Aye ". The County Judge voted "No ". The motion to approve the changes as submitted carried. The Court next considered the following Claims as submitted by the County Treasurer for payment: Vol I 3 Page ld_� Commissioners Court meeting September 21, 2010 7078803 through 7079068 1LI' On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Sheriff Chris Kirk announced that he did not have the jail count for today. Under Agency /Board /Committee reports by Court members the following spoke: Commissioner Mallard a) Went to Dallas to meet with representatives from Japan and the United States on the high speed rail in Texas. Commissioner Cauley a) The Texas Transportation Institute invites the Court on Monday, September 27th and Tuesday September 28th to attend the Under Age Drinking and Driving Assessment. There being no further business to come before the Court, the meeting was adjourned. Vol 138 Page 1028 The foregoing minutes of the Commissioners Court meeting held September 21, 2010 have been examined and are approved in open Court this the JIL, L day of (D &&(f , 2010, in Bryan, Brazos Countv, Texas. County Lloyd Wassermann Commissioner, Precinct 1 Duane Peters Kenny Mall r Commissioner, Precinct 2 Commissione Precinct 3 Attest: Q�6we- aren McQueen County Clerk Vol 13F Page ) c� q BRAZOS COUNTY COMMISSIONER'S COURT c,�/,d-a-AY OF , 0 v 4MIM Name (PLEASE PRINT) �LL � ELLS 1 n' /T.. //O L.)4,-/ Vol. 138 Pg / of Z- 20/ Organization (PLEASE PRINT) filA2 dA ,L � !�� S -v- pg. 1 3D BRAZOSCOUNTY COMMISSIONER'S COURT DAY 44 ' O-j Name (PLEASE PRINT) OF ,20 e Organization (PLEASE PRINT) (-8cf� l� Pg Z of?-- Vol. 139 pg. J// :5-"v Itn AA' RENEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew Bid 2008 - 43R, Collection of Criminal and Civil Court Cost and Fees, in accordance with all terms and conditions previously agreed to and accepted. The new bid number will be Bid 2010 -37R. I understand this agreement will be in effect upon approval by Commissioner's Court. McCreary, Veselka, Bragg & Allen P.C. yg z, d4w Authorized Signatur BRAZOS COUNTY Vol. 1,38 3 Da (e �& L Date Pg. 1 3 ,�, AGREEMENT THIS AGREEMENT is entered into this : S day of 2010, by and between BRAZOS COUNTY, Texas (County) and the Brazos County Emergency Communications District (District) pursuant to the authority of TEX. Gov'T CODE ANN. Chapter 791 ( "Texas Interlocal Government Cooperation Act"). WHEREAS, pursuant to TEX. HEALTH § SAFETY CODE ANN. §772.301, et. seq., ( "9- 1-1 Emergency Number Act "), the District has been formed and is a political subdivision of the State of Texas; and, WHEREAS, Brazos County is a political subdivision of the State of Texas authorized to enter into interlocal cooperative governmental agreements; and, WHEREAS, the Brazos County Commissioners in public meeting found that it is beneficial for the County to enter into an agreement for the District to perform for the County Emergency Communications Services Dispatching; WHEREAS, the District is willing to perform such services on behalf of the County; NOW THEREFORE; IN CONSIDERATION of the mutual promises to each other made hereinafter, the undersigned parties agree as follows: Effective October 1, 2010 the District is hereby appointed the emergency . communications dispatching authority for the Brazos Comity Sheriff's Office, the Brazos County Constables and the Volunteer Fire Departments for the period October 1, 2010, through and including September 30, 2011. The District shall, in dispatching emergency service units of the County, do so in accordance with the policies and procedures developed by the Sheriff's office, the Brazos County Constables and the Volunteer Fire Departments to respond to such directives. Any changes, alterations or revisions of such policies and procedures by any of these County offices during the term of the Agreement shall be made in consultation with the District. No such changes, additions or alterations shall be made without the consent of the District, which shall not be unreasonably withheld or conditioned. Agreement Page I of S vol. 139 pg. 13 3 The County will provide the District access to the County's Law Enforcement Computer System to facilitate Law Enforcement Officers requests for warrant information. The County agrees to pay and the District agrees to accept as compensation for the services provided a flat fee of Six Hundred Ninety-Seven Thousand Three Hundred Thirty-Eight and No /100 Dollars ($697,338.00), payable in twelve monthly installments. Should additional or expanded services be requested by the County during the term of this Agreement, the parties agree to adjust the fee to accommodate such change. The County shall pay the full amount due within thirty days of the County Auditor's receipt of an invoice from the District. All payments shall be subject to TEx. GOVT CODE ANN. §2251.0001, et. seq. ( "Texas Prompt Payment Act "). Should there arise any dispute, disputed amounts shall be deposited in a mutually agreed upon escrow account until a resolution. The District shall encumber and hold in reserve a fund equal to three (3) months operating expenses. This reserve balance shall be reported to the Board of Managers on the District's monthly financial statements. The District shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the District to provide information necessary for the Auditor to properly account for all funds expended to provide the services set forth herein or received by the District from the County. The County acknowledges that, in the course of acting as the dispatching authority for the County, the District creates Computer Aided Dispatch ( "CAD ") records. However, the District shall not act as and is not contractually designated hereby as the custodian of these CAD records. All requests received by the District, in accordance with the Public Information Act Texas Government Code § 552, for CAD records relative to dispatching for the County as set forth herein, regardless of the form of such request shall be forwarded immediately to the attention of the Office of the Brazos County Judge, Public Information Officer, 200 So. Texas Ave., Suite 332, Bryan, TX 77803 for processing and Agreeme f Page 1 of 5 Vol. 139 — pg )J 4 response. The County shall indemnify and hold harmless the District from and against any and all claims, demands, damages, penalties and causes of action relative to such records requests and the responses thereto. The District shall maintain an electronic version of the CAD records for a period of seven (7) years. District employees are not and shall not be considered County employees. The County and the District understand and agree to be subject to all the laws, ordinances and regulations which govern and affect Emergency Communications Dispatching and National Crime Information Computer network telecommunications as promulgated by the State of Texas or the United States Government or any of its appropriate Agencies, such as the Texas Department of Public Safety or the Federal Bureau of Investigation. This agreement is made in accordance with TEx. HEALTH & SAFETY CODE ANN. §772.101 et. seq., ( "9 -1 -1 Emergency Number Act "). Each of the parties to this agreement agrees to hold the other harmless to the extent of its respective duties undertaken herein and/or for any and all claims of whatsoever nature or kind, which may arise as a result of that party's fulfillment of this agreement. Each party hereby empowers and authorizes its Chief Administrative Officer to be signatory agent for any required documentation to implement the intent of this Agreement. This agreement contains all of the commitments and covenants of the parties and any oral or written promises not contained herein shall have no force or effect to alter any term or condition of this agreement. This agreement may be terminated by either party upon ninety (90) days advance written notice to the non - terminating party as set forth below. In the event of termination, the fee payable by the County to the District shall be pro -rated to the date of termination. All notices sent pursuant to this Agreement shall be in writing and may be hand delivered or sent registered or certified mail, postage prepaid, return receipt requested to each party as set below: Brazos County Emergency Communications District Executive Director PO Box 911 Agreement Page 3 of 5 'I. 138 pg. 135 Bryan, Texas 77806 Brazos County County Judge PO Box 111 200 South Texas Ave, Suite 332 Bryan, Texas 77803 No officer, employee or agent of the Brazos County Commissioners Court and no member of its governing body 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. 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. This agreement may only be modified or amended in writing by the mutual consent of the parties with said modification being attached to and incorporated into this agreement by this reference for all purposes. SIGNED this day of `Aber 2010. BRAZOS COIJny EMERGENCY COMMUNICATIONS DISTRICT G. Mavuton;r, Chairman Board of Managers AM Greta Norton, Recording Secretary BRAZos COUNTY, TEXAS Agreement Page 4 of S voL 13� P9• 1 3 Randy'Sims, Br4z6s County Judge ATTEST: /u e— Karen McQueen, Brazos County Clerk Agreement Page S of S Vol. 13 & Pg_ ) p _ ff Agreement Page S of S Vol. 13 & Pg_ ) p AGREEMENT FOR THE PAYMENT AND USE OF BRAZOS COUNTY FUNDS By and Between Arts Council of Brazos Valley and County of Brazos, State of Texas THE STATE OF TEXAS KNOW ALL PERSONS BY THESE PRESENTS COUNTY OF BRAZOS THIS AGREEMENT is made and entered into by and between ARTS COUNCIL OF BRAZOS VALLEY, a private nonprofit corporation chartered by the State of Texas, acting by and through its duly authorized agent(s) and officer(s), hereinafter referred to as ACBV, and the COUNTY OF BRAZOS, STATE OF TEXAS acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as COUNTY. WITNESSETH: WHEREAS, Brazos County finds a public purpose in creating awareness of the fine arts among members of the public; and WHEREAS, ACBV provides assistance to local arts organizations of the COUNTY through funding support, advocacy, outreach, marketing and partnership building; and WHEREAS, ACBV provides programs involving education, cultural enrichment and heritage preservation of and for Brazos County residents and visitors; and WHEREAS, ACBV provides educational programs and opportunities to children, youth, adults and seniors through providing arts related programs, scholarships for young people, assisting COUNTY arts organizations in the development and institution of said educational programs; and WHEREAS, ACBV fosters creative learning, community involvement, quality of life and tourism through said above listed programs and activities; and Arts Council of Bra_os Valley Contract vol. 139 Pg_ 139 Page / of S WHEREAS, ACBV provides and maintains a public cultural facility and provides funding to member organizations, in part, for facilities acquisition and upkeep; and WHEREAS, ACBV through its funding programs has provided benefit to Brazos County, Texas through programs attracting over 100,000 participants, and resulting in significant purchases of goods and services from Brazos County merchants; and WHEREAS, ACBV has provided funding to assist local performing, visual, educational and literary arts groups; and NOW, THEREFORE, COUNTY and ACBV hereby agree as follows: I. ACBV through its programs, funding and support of member organizations agrees to provide the above enumerated services which it has provided and agrees to continue to provide in support of arts, cultural and heritage organizations. II. COUNTY, for and in consideration of the services provided to COUNTY, hereby agrees to pay to ACBV a total payment of $ 10,000.00 for the year beginning October 1, 2010 and ending September 30, 2011. Payment of such sum will be paid upon receipt of invoice. III. ACBV agrees to provide an annual account of how the $10,000.00 was spent to meet the above described services. ACBV agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. IV. RECORD RETENTION The ACBV shall be responsible for record keeping on all Services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its Arts Council of Bra=os Valley Conlract Page 2 of 5 vol. 13 � pg ) 301_ sole discretion, to be necessary for the Court to justify its continued participation in supporting the District with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. V. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. VI. INSURANCE The parties hereto agree that the ACBV shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VII. COUNTYINVOLVEMENT The County and ACBV state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the services to which it relates has personal interest direct or indirect, in this Contract. Ai is Council of Bra_os Valley Contract Vol. 13$ Pg. 1c� Page 3 of 5 VIII. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. IX. NOTICES All notices required to be. given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Arts Council of Brazos Valley 2275 Dartmouth Street College Station, Texas 77840 Brazos County c/o Commissioners Court Brazos County Courthouse 200 So. Texas Ave. No. 332 Bryan, Texas 77803 X. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XI. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Arts Council of Bro:os Valley Contract Page 4 of 5 vol. 139 pg. i 4 1 XII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. XIII. ASSIGNABILITY This Contract is not assignable by the ACBV without the prior written consent of the County. WITNESS OUR HANDS this day of_ e 2 2010. Arts Council of Brazos Valley, Inc. Brazos County, Texas By Tom Willdnson, Arts Council ofBrn_os Valley Connnel McQueen, CotmtyClerk Vol. 13 $ P& Page 5 of S BRAZOSCOUNTY BOYS & GIRLS CLUBS OF BRAZOS VALLEY FUNDING AGREEMENT THE STATE OF TEXAS )( )( KNOW ALL BY THESE PRESENTS COUNTY OF BRAZOS )( This agreement, entered into this of S�-day of S r 2010, by and B between Brazos County, hereinafter called the "County ", and oys and Girls Clubs of the Brazos Valley, hereinafter called "Club ". INTRODUCTION: The Club conducts youth programming and activities within Brazos County. PURPOSE: The purpose of County shall be to provide opportunities for youth to grow as productive citizens of our communities. THEREFORE: Both the County and Club enter into a cooperative agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and covenant as follows: 1. FUNDING COUN'T'Y, for and in consideration of the services provided to COUNTY, hereby agrees to pay to The Club a total payment of $45,000.00 for the year beginning October 1, 2010 and ending September 30, 2011. Payments of such sum will be invoiced and paid in twelve (l2) prorata monthly payments. II. TERM OF AGREEMENT The term of this agreement shall for a period of approximately one year beginning on the date of the execution of this agreement and terminating on September 30, 2011. Funding Agreement for Boys and Girls Club of Brazos Valley Page 1 of 5 Vol. I J�' pg. 1 LL3 I11. ACCOUNTING OR FUNDS The Club agrees to provide, no later than March 31, 2011 and August 31, 2011, a detailed account how the provided monies were expended in comportment with this agreement. The Club agrees to furnish any information requested by the County Auditor, including documentation of the use of funds received from the County. In the event it is determined by the Commissioners Court that the monies provided herein the County to the Club have not been expended in comportment with this agreement, this agreement shall automatically terminate and the Club may be required to return to the County such monies that were not properly expended. IV. RECORD RETENTION The Club shall be responsible for record keeping on all Services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. V. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. Funding Agreement for Boys and Girls Club of Brazos Valley Page 2 of S ( f Vol. I �g pg. 1 VI. INSURANCE The parties hereto agree that Club shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. VII. COUNTYINVOLVEMENT The County and the Club state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the services to which it relates has personal interest direct or indirect, in this Contract. VIII. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. IX. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Boys & Girls Club of the Brazos Valley Ron Rolett P.O. Box 524 Bryan, TX 77806 Brazos County c/o Commissioners Court 200 So. Texas Ave. No. 332 Bryan, Texas 77803 Funding Agreement for Boys and Girls Club of Brazos Valley Page 3 of 5 vol. 138 pg. 145 X. IMMUNITY As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. Xl. FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XH. SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. XHI. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Funding Agreement for Boys and Girls Club of Brazos Valley Page 4 of 5 XIV. ASSIGNABILITY This Contract is not assignable by the Club without the prior written consent of the County. WITNESS OUR HANDS this a day of 2010. Boys and Girls Club of Brazos Valley r G�2 By. Rmn R¢lett, Authorized Representative Brazos County, Texas 0 Randy Site, County Judge Attest: By: Karen McQueen, County Clerk Certified as to Availability of Funds: By: - County Auditor Funding Agreement for Boys and Girls Club of Brazos Valley Page 5 of 5 vol. 139 pg. I q:j 4-1 V AGREEMENT FOR SERVICES BETWEEN BRAZOS COUNTY AND KEEP BRAZOS BEAUTIFUL, INC. This is an Agreement by and between the COUNTY of BRAZOS hereinafter referred to as ( "COUNTY ") and KEEP BRAZOS BEAUTIFUL, hereinafter referred to as ( "Keep Brazos Beautiful. Inc. ") a non - profit organization dedicated to the improvement of Brazos County. WHEREAS, Keep Brazos Beautiful, Inc. is a volunteer environmental educational organization dedicated to contributing to the economic vitality, safety, health and quality of life in Brazos County through programs that educate and engage Brazos County citizens to keep our community clean, green, and beautiful, by preventing and cleaning up litter and illegal dump sites, recycling, minimizing waste, beautifying and improving their surroundings; and WHEREAS, the Brazos County Commissioners Court is authorized to spend money from the County general revenues for public health and sanitation; and WHEREAS, the prevention of public or private litter serves to improve the public health; and WHEREAS, Keep Brazos Beautiful, Inc. aids the County in accomplishing that purpose. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: Keep Brazos Beautiful, Inc, shall provide services to the COUNTY as follows: A. Assist in training area youth and adults in area schools, museums, civic clubs, etc. on the importance of litter prevention, recycling, reuse, and buying recycled products, conservation of resources, the proper care and planting of trees and maintain a lending library to assist in teaching about a variety of environmental issues. Provide positive environmental leadership and volunteer opportunities to Brazos County youth and adults. B. The Executive Director shall serve on the Solid Waste Advisory Committee (SWAG) OF THE Brazos Valley Council of Governments (BVCOG) to promote environmentally sound waste management practices in the Brazos Valley. C. Perform an annual "Litter Index" survey of the Brazos County and provide the scores to the Commissioners' Court. D. Organize volunteers to assist in cleaning litter and illegal dump sites each spring throughout Brazos County. Act as an information resource to citizens, law Keep Brazos Beautiful, FY 2011 1 Agreement V0 1. 13� Pg.__ -- enforcement officials, prosecutors and the Commissioners Court about issues relating to litter and illegal dumping in Brazos County. E. Promote the "Adopt a Road" and "Adopt a Highway" programs in the County. F. Promote a "Memorial TREES Program" to plant trees in Brazos County and host an annual Arbor Day Celebration. G. Plant wild flower seeds along public roadways in Brazos County. H. Educate the community on the need to recycle and to buy recycled products through the use displays, public speaking engagements, and the "Texas Recycle Day" events. Act as a clearing house for information for area residents on recycling and provide information concerning Citizen Collection Stations in rural Brazos County as requested. Assist in the publicity for the yearly Christmas Tree, Telephone Book recycling and household hazardous Waste Collection Events. Provide positive reinforcement through a variety of award programs such as the Business and Residential Beautification Awards, Miller Youth Award, and Annual Environmental Awards. Keep Brazos Beautiful, Inc. will be funded by the COUNTY in the amount of $15,000.00 from the County 2010 -2011 Fiscal Year funds. 2. Keep Brazos Beautiful, Inc. shall maintain fiscal records and supporting documentation in the form of canceled checks, payroll records, invoices, and/or other documentation required for all expenditures of funds made under this agreement and shall allow the Brazos County Auditor access thereto. 3. Keep Brazos Beautiful, Inc. shall submit a financial statement to the COUNTY annually. 4. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending ply: COUNTY: KEEP BRAZOS BEAUTIFUL, INC.: Randy Sims, Eric Zaragoza, County Judge Acting President 200 South Texas Avenue, Ste, 332 213B South Main Bryan, Texas 77803 Bryan, Texas 77803 Keep Brazos Beautiful, FY 2011 2 Agreement vo1. I S9 Pg. 149 It is understood and agree that the COUNTY'S participation in Keep Brazos Beautiful. Inc. is limited to the contribution of funds. COUNTY, at no time, shall be liable or responsible for acts of Keep Brazos Beautiful, Inc., its agents or employees. Keep Brazos Beautiful, Inc, at no time shall be liable or responsible for acts of BRAZOS COUNTY, its agents or employees. 6. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potion of the Agreement to be terminated. SIGNED this S i— day of !1 r; 2010. KEEP BRAZOS BEAUTIFUL, INC. President of the Board of Directors ATTEST: c KA�ZEN McQUEEN BRAZOS COUNTY CLERK Keep Brazos Beautiful, FY 2011 Agreement BRAZOSCOUNTY Vol. I 38 Pg. 150 0 BRAZOSCOUNTY BRAZOS VALLEY FOOD BANK, INC FUNDING AGREEMENT STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF BRAZOS This agreement, entered into this 415t day of i, 2010, by and between Brazos County, hereinafter called the "County ", and the Brazos Valley Food Bank, Inc., hereinafter called the "Food Bank". INTRODUCTION: The Food Bank acquires food for distribution through other nonprofit agencies to moderate and low income persons who are food insecure and at risk of hunger and malnutrition. PURPOSE: The purpose of the County is to ensure that all children, individuals, families and seniors, especially those who are moderate to low- income, are food secure, meaning that people have access at all times to enough food for an active, healthy and productive life. THEREFORE: Both the County and the Food Bank enter into this cooperative agreement to maximize the effectiveness of their common goal and show good stewardship of citizen's dollars and donations and, in consideration of promises, covenants, terms and conditions herein contained, the parties hereto mutually agree: TERMS OF AGREEMENT: The term of this agreement shall be for a period of approximately one year beginning on October 1, 2010 and terminating on September 30, 2011. The County will provide funding of $7,700.00 to the Food Bank to the benefit of the moderate and low income citizens of our community. INFORMATION FUNISHED BY FOOD BANK: The Food Bank shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. ELIGIBILITY GUIDELINES: The Food Bank will ensure that food products received from or through other agencies in furtherance of this agreement will be made available to those eligible persons as defined by the most recent eligibility guidelines established by the State of Texas and its responsible agencies. The Food Bank will verify Funding Agreement Page l of 3 Vol. 13 D Pg. recipient income eligibility by either requiring proof of income or by self - certification that recipient(s) meets income guidelines. RECORDS: The Food Bank agrees to complete intake and assessment on eligible households and maintain all records for a period of three (3) years. FITNESS FOR HUMAN CONSUMPTION: The Food Bank accepts full responsibility for the purity and fitness for human consumption of any and all items distributed in its name or through other entities or agencies that it may contract with.. LIABILITY DISCLAIMER AND RELEASE AGREEMENT: The Food Bank releases Brazos County and holds it free and harmless against all and any liabilities, damages, losses, claims, causes of action and lawsuits or equity obligations whatsoever arising out of or attributed to any distribution and use of foods. ASSIGNMENT: 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 Brazos County. FISCAL FUNDING CLAUSE: The obligations of the County under this agreement are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the agreement and any extensions thereto. In the event that the County is unable to fulfill its obligations under this agreement as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this agreement by written notice to the Food Bank at the earliest possible time under the circumstances. DEFAULT. Any violation or breach of the provisions herein may result in termination of this agreement. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be, governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against Brazos County shall be Brazos County. SEVERABLITIY: In the event that a court finds any provision of this Agreement invalid and /or unenforceable, both parties agree the remaining provisions shall remain valid and in force. SIGNED this day of r 2010. Funding Agreement Page 2 of 3 Vol. 13 3 Pg. 115;L [00-11 C Date ATTEST: By Karen MQ � � C- yo�un��Y �. BRALOS VALLEY FOOD BANK, INC. B Title Date Funding Agreement Page 3 of 3 Vol. CJ Yg, 153 r' 4 r° r' Funding Agreement Page 3 of 3 Vol. CJ Yg, 153 r° Funding Agreement Page 3 of 3 Vol. CJ Yg, 153 /J---� CONTRACT FOR BASIC INDIGENT HEALTH CARE BETWEEN BRAZOS COUNTY AND HEALTH FOR ALL, INC. THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the Health for All, Inc. (hereinafter "Service Provider "), located at 1328 Memorial Drive, Bryan, Texas 77802, WHEREAS, the medical( care of the County's eligible indigent has become a growing problem; and WHEREAS, pursuant to Chapter 61 of the Texas Health and Safety Code, the County is the payor of last resort for the provision of basic health care services to eligible indigent county residents; and WHEREAS, the County is required by Chapter 61 of the Health and Safety Code to provide, as a payor of last resort, certain basic health care assistance to its eligible count residents and desires to do so through the Service Provider, NOW THEREFORE the parties agree to the following terms and conditions to provide such eligible indigent health care. Term The contract shall continue in force and effect for a term of twelve (12) months commencing on the 1st day of October, 2010 and terminating 30th day of September, 2011. Cancellation This contract may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. Contract Between Brazos County and Health For All, Inc. Page l of 18 Vol. 13? 1'g. 164 Services To Be Performed By Service Provider Service Provider shall provide the following services through trained, staff to qualified county residents pursuant to the guidelines currently implemented for making such determination: physical exams, educational information, information on sources of prescription medication and/or access to "sample" or subsidized medications, coordination of physician care during hospitalization (herein "services "). Use Of County Funds Funds to be furnished to Service Provider as stated herein below shall be used provide a Patient Care Director (patient. care services coordinator) and a clinic nurse. The County and Service Provider acknowledge that the County's purpose in providing funds hereunder is to provide medical assistance to eligible indigent applicants and that trained personnel of Service Provider is designed to accomplish that goal. County's Payment The County agrees to provide the Service Provider a maximum sum of $ 25,000.00 for the term of this Contract. This sum shall be paid quarterly. Responsibilities Of Service Provider Service Provider will be responsible for providing the following Services pursuant to this Contract: 1. Completing all necessary application forms to potentially eligible indigent individuals. 2. Obtaining and compiling information on each applicant for Service Provider's Services with regard to residency and financial qualifications. 3. Maintaining this Contract. 4. Provision of the Service Provider's Services as defined herein. Contract Between Brazos County and Health For A11, Inc. Page 2 of 18 Vol. 1343 Pg. I CJ5 5. Maintaining data files on clients /patients and the Services provided thereto. 6. Responding to all and any inquiries by the County regarding the Clinic and its Services. 7. Assisting the County with information needed for audit purposes. 8. Providing the County with quarterly financial statements. 9. Providing the County with any and all certified audits of Service Provider and the management letter prepared in connection therewith. 10. Providing financial statements evidencing how County funds are spent. Such statements to be submitted to County one week prior to the funding dates set forth herein above. 11. Providing the County with statistics evidencing the number of Brazos County residents using the Service Provider's Services and the percentage Brazos County residents comprise of the total population using Service Provider's services. Record Retention The Service Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records of the Clinic. The Service Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the County to justify its continued participation in supporting the Service Provider with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Discrimination The Service Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national Contract Between Brazos County and Health For All Inc. Page 3 of 18 Vol. 139 r9. l G �e origin. The Service Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Confidentiality The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as Department administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. Health Insurance Portabilitv and Accountability Act. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42 U.S.C. 1320d-2 through 1320d-7, in that such Service Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. The Service Provider shall maintain for a minimum of six (6) years all protected health information. Indemnity The Service Provider agrees to and shall indemnify and hold harmless and defend the County, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits, and liability of any kind, including claims of respondent superior or vicarious liability, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person or any breach of contract arising out of or in connection with any work done by the Service Provider pursuant to this Agreement. Contract Between Brazos County and Health For All, Inc. Page 4 of 18 vol. 13g Pg. 15'7 Insurance Each party to this agreement is responsible for maintaining its own liability insurance and worker's compensation insurance, and each party will provide proof of same to the other party on request. The Service Provider shall maintain during the term of this contract a $1,000,000.00 malpractice insurance policy and a General Liability Policy of $1,000,000.00 naming Brazos County, as an additional insured. Such coverage shall be designated as primary over any coverage Brazos County may have in force. Service Provider shall provide a Certificate of Insurance for both policies which shall provide for a fifteen (15) days advance notice to County of the cancellation of such policy. Independent Contractor In all activities or services performed hereunder, the Service Provider is an independent contractor, and not an agent or employee of the County. The Service Provider, as an independent contractor, shall be responsible for all medical services provided and medical decisions made pursuant to the terms of this Contract. The Service Provider shall supply all materials, equipment and labor required for providing of medical services as required herein. The Service Provider shall have ultimate control over the execution of the work under this Agreement. County shall have no control over any decision, recommendation, or action taken by the Service Provider pursuant to this Contract. The County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of contract of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of the County, through its authorized agents. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Brazos County. In emergencies, the Service Provider will request Contract Between Brazos County and Health For All, Inc. Page 5 of 18 Vol. 139 pg. 158 approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. Licensing The Service Provider is required to maintain all applicable licensing permits to practice medicine. All permits to or certification necessary to operate the Provider's clinics shall also be maintained. Copies of any applicable licenses are to be filed with Brazos County. Events of Default: The following shall be considered events of default: a. Failure to maintain license to practice medicine or any restrictions being placed upon such license by the State Board of Medicine making the providing of services hereunder impossible or difficult. b. Failure to maintain all permits and licenses necessary to keep Service Provider's clinics in operation. c. Cancellation of Service Provider's medical malpractice insurance. Upon an event of default, the County may terminate this Contract on three (3) days written notice mailed by certified mail return receipt requested to the address listed below. Right of Audit and Monitoring Brazos County shall monitor the Service Provider's conduct under this Agreement which may include, but shall not be limited to, reviewing records of program performance in accordance with Administrative rules, license status review, fiscal and audit review and Agreement compliance. Brazos County may request, and Service Provider will supply, upon request, necessary information and documentation regarding transactions constituting contractual (whether a written contract is in existence or not) or other relationships, paid for with funds received hereunder. Documentation may include, but is not limited to, information regarding Service Provider's Contract Between Brazos County and Health For All, Inc. Page 6 of 18 Vol.---[38 Pg• `�� contractual agreements, identity of employees, shareholders and directors of Service Provider and any party providing services which will or may be paid for with funds received hereunder, including, but not limited to, management and consulting services rendered to Service Provider. Venue and Governing Law The venue of this contract is Brazos County, Texas, and this contract shall be governed by and in accordance with the laws of the State of Texas. Notices All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: Health for All, Inc. C/O Executive Director 1328 Memorial Drive Bryan, Texas 77802 Further Assurances Brazos County Judge Randy Sims 200 S. Texas Ave., Suite 332 Bryan, Texas 77803 Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. Severability In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. Contract Between Brazos County and Health For All, Inc. q �, ego 7of18 O Vol. Pg —1 -- Amendments This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. Waiver No failure of Brazos County to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Brazos County. Prior Notification The Service Provider agrees to notify Brazos County prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with Brazos County in joint or coordinated releases of information. Notice of Change The Service Provider shall give 30 days prior written notice to Brazos County, if there is a change in the Provider's legal status, federal employer identification number (FEIN) or address. Brazos County reserves the right to take any and all appropriate action. The Provider agrees to hold harmless Brazos County for any acts or omissions by the County resulting from the Service Provider's failure to notify of these changes. In the event Service Provider becomes a party to any litigation, investigation or transaction that may reasonably be considered to have a material impact on its ability to perform under this Agreement, the Service Provider will immediately notify Brazos County in writing. Tax Exempt Status As a political subdivision of the State of Texas, Brazos County is tax exempt. Tax exemption certification will be furnished upon request. Contract Between Brazos CountyandHealth For All, Inc. Page 8 of 18 Vol. 138 Pg. 1 (9 1 Sovereign Immunity 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. Assignability This Contract is not assignable by the Service Provider without the prior written consent of the County. Fiscal Funding Clause Notwithstanding any provisions contained herein, the obligations of the County under this Contract are expressly contingent upon the availability of funding for each item and obligation contained herein for the term of the Contract and any extensions thereto. The Service Provider or any other person or entity directly or indirectly employed by the Service Provider or any other person or entity to whom the Service Provider may be liable to, shall have no right of action against the County in the event the County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding for any item or obligation from any source utilized to fund this Contract or failure to budget or authorize funding for this Contract during the current or future fiscal years. In the event that the County is unable to fulfill its obligations under this Contract as a result of lack of sufficient funding, or if funds become unavailable, the County may, in its sole discretion, provide funds from a separate source or may, in its sole discretion, terminate this Contract by written notice to the Service Provider at the earliest possible time under the circumstances. Entire Agreement This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Contract Between Brazos County and Health For U],, Inc. P ge 9 of 18 Vol. I39 Pg•_/6 In witness whereof, the parties hereto have caused this agreement to be executed by their duly authorized representatives. SERVICE PROVIDER DictDigitally soed by Ir,JI Derek Dictson Date: 2010.09.05 20:55:16 -05'00' September 5, 2010 Health for All, Inc. Date 1328 Memorial Drive John Lewis ;- President- - Bryan, Texas 77802 Derek Dictson, Exec, Dir. BRAZOSAOUWY, TEXAS Sims Date 200 S. Texas Ave., No. 332 Judge Bryan, Texas 77803 ATTEST: (/" Karen McQueen, County Clerk Contract Between Brazos County and Health For All, Inc. 1 2Page 10 of 18 rr f" Vol. 2 Pg. I lU 3 BRAZOS COUNTY BUSINESS ASSOCIATE AGREEMENT A. Acknowledgment of HIPAA Obligations and Other Regulations of 1996 (42 U.S.C. W20(d) ("HIPAA!'). 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 and Service Provider, respectively. B. Purposes for which Protected Health Information May 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. 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 Contract Between Brazos County and Health For All, Inc. Page 11 of 18 Vol. r2) Pg. 1 (D 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 may be 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 Contract Between Brazos County and Health For All, Inc. Page 112 of 18 Vol. 3E.— Pg. j b 5 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 Covere d permitted to use and disclose data for permitted health care that such use is permitted and court's orders. Entity, Business Associate is PHI, but only in order to analyze operations, and only to the extent er the HIPAA Rules or the issuing 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 appli cable 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. Contract Between Brazos County and Health For All, Inc. Pagge� 13 of 18 'VOL 13o Pg._J �"� 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 Contract Between Brazos County and Health For All, Inc. Page 14 of 18 Vol. 1168 Pg. 10 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 individuaPs 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 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 Contract Between Brazos County and Health For All, Inc. Page 15 of 18 Vol. 139 Pg. 168 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 finds 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. 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. Contract Between Brazos County and Health For All, Inc. Page 16 of 18 vo1. 29 Pg. 1 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. I. 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 PHP' 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 Ambiguity. If any term of this Section entitled "Use and Disclosure of PHP' 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 PHP' 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 PHP' shall survive the termination of this Agreement. Contract Between Brazos County and Health For All, Inc. Page 17 of 18 Vol. 138 Pg. 170_ Accepted: (� Digitally signed by J_ e . Derek Dictson ') Date: 2010.09.05 Business Associate M1t } f r r Contract Between Brazos County and Health For All, Inc. Page 18 of 18 Vol. 139 Pg. 171 4r/3 AGREEMENT FOR SERVICES BETWEEN BRAZOS COUNTY AND the BRAZOS COUNTY HISTORICAL COMMISSION This is an Agreement by and between the COUNTY of BRAZOS hereinafter referred to as ( "COUNTY ") and the BRAZOS COUNTY HISTORICAL COMMISSION, hereinafter referred to as ( "BCHC ") a commission dedicated to the improvement of Brazos County. WHEREAS, County historical commissions are a vital link in Texas' preservation network. Few other states have a built -in mechanism that makes possible a preservation organization in every county; WHEREAS, The Brazos County Historical Commission ( "BCHC ") has the statutory responsibility to initiate and conduct programs suggested by the Brazos County Commissioners' Court and the Texas Historical Commission ( "THC "). WHEREAS, BCHC has worked co- operatively with the Brazos County Commissioners' Court, THC, local governments, local non - profit organizations and individual citizens to preserve Brazos County's heritage for the use, education, enjoyment and economic benefit of present and future generations in Brazos County. NOW, THEREFORE, FOR AND IN CONSIDERATION of mutual promises recited herein, the parties agree as follows: BCHC Responsibilities BCHC, shall provide services to the COUNTY as follows: A. Actively promote the interest in and appreciation of the rich history of Brazos County by encouraging individuals, organizations, businesses, and others to submit applications for historical markers for buildings, organizations, activities, individuals, sites of historical events, and other entities and events throughout Brazos County. B. Support other groups and events that have the same goal. COUNTY Responsibilities A. BCHC shall be funded by the COUNTY in the amount of $5,750.00 from the County 2011 Fiscal Year funds. VOI. 139 pg 17a B. BCHC shall maintain fiscal records and supporting documentation in the form of canceled checks, payroll records, invoices, and /or other documentation required for all expenditures of funds made under this agreement and shall allow the Brazos County Auditor access thereto. C. BCHC shall submit a financial statement to the COUNTY annually. All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: COUNTY Randy Sims County Judge 200 South Texas Avenue, Ste., 332 Bryan, Texas 77803 BCHC Henry Mayo Chairman P.O. Box 9169 College Station, Texas 77842 -9169 Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potion of the Agreement to be terminated. SIGNED this � day of 6r *-iY.JYc, 2010. BRAZOS COUNTY HISTORICAL COMMISSION By: Henry Ma o, Ch rtrlan BRAZOS TY By: Randy, Sims, Co ty Judge ATTEST: , KAREN McQUEEN, BRAZOS COUNTY CLERK Vol. 139 Pg. 17 3 *lq FUNDING CONTRACT BETWEEN BRAZOS COUNTY AND BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. THIS CONTRACT IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County"), and the BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. (hereinafter "Provider "), located at 3370 South Texas Avenue, Suite G, Bryan, Texas 77802, RECITALS: WHEREAS, Chapter 61 of the Health & Safety Code provides for Texas counties not served by a public hospital or hospital district to be the payor of last resort for basic health care for eligible indigent county; and WHEREAS, Section 61.028 of the Health & Safety Code observes that basic services includes family planning, laboratory, skilled nursing, physician and inpatient and outpatient hospital services; and WHEREAS, the County is interested in promoting such care through the Provider which provides all or part of such basic services; NOW THEREFORE the parties above stated agree to the following terms and conditions to provide such indigent health care. TERM This contract shall continue in force and effect for a term of approximately twelve (12) months commencing on the 1st day of October 2010 and terminating 30th day of September 2011. CANCELLATION This contract may be canceled by any of the parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER Provider shall provide the following services through trained, salaried staff to pregnant women who qualify for such services pursuant to the guidelines currently implemented for making such determination: interviews, lab work, physical exams, educational information and medicine as needed (herein "Services "). USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein below shall be used pursuant to the County's authority as set forth in Chapter 61 of the Texas Health & Safety Code. Funding Agreement Regarding Brazos Matemal & Child Health Clinic Page of 5 Vol. I33 Pg. I I COUNTY'S PAYMENT The County agrees to fund the Provider the sum of $ 67,500.00 for the term of this Contract. This sum shall be paid upon the following dates and in the following amounts: December 1.5, 2010 $16,875.00 March 15,2011 $16,875.00 June 15, 2011 $16,875.00 September 15, 2011 $16,875.00 RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following Services pursuant to this Contract: I. All necessary application forms to potentially eligible individuals. 2. Obtaining and compiling information on each applicant for Providers Services with regard to residency and financial qualifications. 3. Maintaining this Contract. A. Providing of the Provider's Services. 5. Maintaining data files on clients and the Services provided thereto. 6. Respond to all and any inquiries by the County regarding the Clinic and its Services. 7. Assist the County with information needed for audit purposes. 8. Provide the County with quarterly financial statements. 9. Provide the County with any and all certified audits of Provider and the management letter prepared in connection therewith. 10. Provide financial statements to the County Auditor evidencing how County funds are spent. Such statements to be submitted to County one week prior to the funding dates set forth herein above. 11. Provide the Court with statistics evidencing the number of Brazos County residents using the Provider's Services and the percentage Brazos Countyresidents comprise of the total population using Provider's Services. Funding Agreement Regarding Brazos Maternal & Child Health Clinic Page 2of5 Vol. ) 38 Pg. V1 RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records of the Clinic. The Provider agrees to maintain and make available for inspection by the County upon request consistent with personal privacy and subject to the limitation of state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Provider with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if requested. DISCRIMINATION The Provider shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Provider shall take affirmative action to ensure that applicants who are employed are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rated of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the Services stated herein and for any damage to any person resulting from any act or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the Provider shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations contracted for herein. COUNTYINVOLVEMENT The County and Provider state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the Services to which it relates has personal interest, either direct or indirect, in this Contract. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. Funding Agreement Regarding Brazos Maternal & Child Health Clinic Page 3 of 5 Vol. I Pg. 17 t(J NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, registered mail to the other party at the following addresses: BRAZOS MATERNAL & CHILD HEALTH CLINIC, INC. 3370 South Texas Ave, Suite "G" Bryan, Texas 77802 BRAZOS COUNTY OFFICE OF THE COUNTY JUDGE 200 So. Texas Avenue, Suite 332 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents, which may be necessary to carry out the provisions of this Agreement. NO WAIVER OF IMMUNITY The parties expressly agree that no provision of this Agreement is in anyway intended to constitute a waiver or any immunities from suit or from liability by Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. SEVERABILITY in the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ASSIGNABILITY This Contract is not assignable by the Provider without the prior written consent of the County. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. Funding Agreement Regarding Brazos Maternal & Child Health Clinic Page 4 of 5 Vol. I—. g Pg.___ Executed in duplicate, each of which shall have the full force and effect of an original. DATED thisV —k of _ALA 10. Brazos County RANDY SIMVBrazos County Judge ATTEST: By: wren McQueen, Braz s County Clerk Brazos Maternal & Child Health Clinic, Inc. Funding Agreement Regarding Brazos Maternal & Child Health Clinic Page 5 of 5 Vol. 1 30 pgr. 1 8 1�/s CONTRACT FOR SUPPORT BY BRAZOS COUNTY, TEXAS Brazos County, Texas and the Brazos Valley Retired Senior Volunteer Program, under the sponsorship of the Brazos Valley Council of Governments Brazos Valley Area Agency on Aging and hereinafter referred to as RSVP for the covenants and consideration herein expressed, mutually agree to the following terms. and conditions: I. The term of this agreement is for approximately twelve months, commencing October 1, 2010 and ending September 30, 2011 unless terminated at an earlier time. Brazos County, Texas agrees to pay the total sum of S 3,000.00 to RSVP in a single payment on or before March 31, 2011. All payments will be payable to the Retired and Senior Volunteer Program and mailed to their current address: PO Drawer 4128, Bryan Texas 77805 -4128. II. RSVP agrees to provide the service of its program to the citizens of Brazos County. There is not established any definite program of assignments; but, the number of volunteers and assignments can be changed throughout the term of this contract by agreement of all parties. RSVP does agree to address the mutual goals of RSVP and Brazos County, Texas by assisting with volunteer recruitment for: • Volunteer tax preparation for residents of Brazos County; • Senior volunteers serving in programs sponsored by Texas Cooperative Extension; • Senior volunteers assisting with library programs; • Senior volunteers assisting with area youth activities; • Senior volunteers assisting with county health department and clinics; • Senior volunteers providing clerical support to county and city offices; • Senior volunteers assisting Brazos County Emergency Managementwith a Volunteer Center for Annex T Donations Management; and • Senior volunteers providing support as Community Emergency Response Team (CERT) volunteers. III. Volunteer placements will be made as appropriate at volunteer workstations throughout the community. All workstations will have a signed Memorandum of Understanding on file with RSVP. IV. Contract for Funding RSVP by Brazos County Page 1 of Vol.. ✓--- Pg -- Any invention of literacy or artistic production arising out of an assignment shall be the exclusive property of the Volunteer Station and the Volunteershall have the rightto produce additional copies and distribute to the general public. Volunteer Station may consent to other uses by the Volunteer. V. Volunteers shall comply with all the rules and standards exercised by the employees in the department to which she or he is assigned. VI. The County Judge or his delegate shall have the authority to represent Brazos County and make any further agreements necessary to administer and effectuate the terms and conditions set forth herein. VII. The Volunteers will not receive any pay from a Volunteer Station for their services, they will not be considered an employee and this service will be considered as voluntary contribution to the betterment of the community and the public purpose of Brazos County. VIII. Since the Volunteer is not a parry to this agreement, the Volunteer Station may require Volunteers who accept service to sign other instruments setting forth other terms and conditions between the Volunteer Station to amend or rescind this contract by mutual agreement. IX. RSVP shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by RSVP. .►R RSVP shall be responsible for record keeping on all Services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the Club with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. Contract for Funding RSVP by Brazos County Page 2 of 4 IM 130 90 XI. The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each parlay hereto. XII. The parties hereto agree that RSVP shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance or self coverage to insure against damages and liabilities which may arise due to the duties and obligations funded herein. XIII. The County and RSVP state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the services to which it relates has personal interest direct or indirect, in this Contract. XIV. This Agreement shall be executed in and shall be governed by the laws of the State of Texas. XV. All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos Valley Retired Senior Volunteer Program c/o Brazos Valley Council of Governments Tom Wilkinson, Executive Director P.O. Drawer 4128 3991 East 29th Street Bryan, Texas 77805 Brazos County c/o Commissioners Court Brazos County Courthouse 200 So. Texas Ave. No. 332 Bryan, Texas 77803 Contract for Funding RSVP by Brazos County Page 3 of 4 Vol. I /� 0 pg. (.21 XVI. As a result of its execution of this Agreement and performance of the functions and obligations described herein, Brazos County does not waive or relinquish any immunity or defense on behalf of itself, its commissioners, officers, employees, or authorized representatives. XVIL Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. XVIII. In the event that any of the provisions or portions thereof, of this Agreement, is held to be unenforceable or invalid by any court of competentjurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. V-4" This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. M This Contract is not assignable by RSVP without the prior written consent of the County.. IN WITNESS WHEREOF, the parties to this agreement have set their hands for the above stated contract period, the J(Yf day of , 2010. BRAZOS COUNTY, M BRAZOS VALLEY COUNCIL OF GOVERNMENTS M M. Contract for Funding RSVP by Brazos County Page 4 of 4 Vol. ice— Pg.-1. D a Agreement Between Brazos County Soil & Water Conservation District And Brazos County RECITALS Brazos County Soil and Water Conservation District #450, hereinafter called the District, and Brazos County does hereby enter into a contractual agreement for the District to provide soil and water conservation services to the residents of Brazos County and to the County proper. The Brazos County SWCD as the recipient shall furnish to the County's Auditor, at a minimum, documentation indicating the use of funds received from the county. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. Those services will include, but not be limited to, erosion control, water management, and rural development. This will be carried out by planning and application through informal agreements with land users, or, as required by Federal or State law. An information and recognition program will be used to inform the public. Technical assistance is utilized through a Memo of Understanding between the District and the USDA - Natural Resources Conservation Service. Erosion control will keep the ,land productive for its various uses for many generations. Sediment resulting from erosion clogs our local streams reducing water carrying capacity and resulting in local flooding. Excessive siltation ruins our local wetlands, and; therefore, reduces a dwindling wildlife habitat. Silt from erosion carries many pollutants directly into our local streams and rivers. Conservation practices consist Vol. � 3" Pg. 1 0 3 of erosion control structures, erosion control ponds, gully shaping, diversions, vegetating old fields, proper management of grazing resources. Water management includes recommendations for proper irrigation, flood control, and water quality. Irrigated crops account for 75% of all water used. Proper irrigation saves that resource for tomorrow's uses including domestic consumption. Proper irrigation helps to keep agriculture pollutants from entering underground water supplies. Conservation practices include total evaluation of irrigation systems and application procedures, precision land leveling, and underground pipelines. Water management includes floodplain management. The District's role in Rural Development in Brazos County is in providing fire protection utilizing dry hydrants. Insurance rates outside the city limits can be lowered a great deal, as well as provide a reliable source of water to fight rural fires. Farm ponds provide the water and we plan the dry hydrant system. The District is evaluating the use of artificial wetlands to replace septic tank filter fields. The prospects are very promising, but, much work remains to be done before this technology can be implemented. Water quality in rural Brazos County will be greatly enhanced if this method can be used. The District and the County have interacted ever since the inception of the District in 1942. Many conservation problems affect not only the individual landowner but the County itself. PAYMENT AMOUNT FOR FY 2011 The District contracts to the Brazos County to provide the above services for 2011 FY for $4,000.00. Vol. ► 3 U Pg. I �` RECORD RETENTION The District shall be responsible for record keeping on all Services provided and agrees to maintain and make available for inspection by the County upon request consistent with federal and state law, any and all records the County determines, in its sole discretion, to be necessary for the Court to justify its continued participation in supporting the District with funding. Such records shall be retained for at least four (4) years from the date the service was provided. These records shall be made available for inspection and audit by the County, if it so desires. INDEMNITY The parties hereto agree to indemnify one another for and hold one another harmless from and against all suits, claims, demands, liabilities or actions resulting or alleged to result from the breach, violation or non - performance of the services stated herein and for any damage to any person resulting from any action or omission or negligence on the part of each party hereto. INSURANCE The parties hereto agree that the District shall be an independent contractor and not any employee or agent of the County and that each shall maintain at its own expense, adequate liability insurance to insure against damages and liabilities which may arise due to the duties and obligations funded herein. �o�. t —Pg. g� COUNTYINVOLVEMENT The County and District state that to the best of their knowledge, no officer, agent or employee of the County who exercises any function or responsibility in connection with the carrying out of this Contract or the services to which it relates has personal interest direct or indirect, in this Contract. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. NOTICES All notices required to be given hereunder shall be deemed to be duly given by delivering such notice or by mailing it, certified mail RRR to the other party at the following addresses: Brazos County SWCD 3833 South Texas Avenue, #112 Bryan, TX 77802 Brazos County c/o Commissioners Court Brazos County Courthouse 200 So. Texas Ave. No. 332 Bryan, Texas 77803 FURTHER ASSURANCES Each party hereto agrees to perform any further acts and to execute and deliver any further documents which may be necessary to carry out the provisions of this Agreement. VOI. 1--�= - Pg.J- SEVERABILITY In the event that any of the provisions or portions thereof, of this Agreement, are held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or portions thereof shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understanding, oral or written, between or among the parties hereto, relating to the subject matter of the Agreements, which are not fully expressed herein. ASSIGNABILITY This Contract is not assignable by the Provider without the prior written consent of the County. (DA Randy SAs, County Judge Bra Xs County, Texas ATTEST: k��Q �J wren McQueen, Brazos County Clerk e-- 3v -10 (DATE) Preston J. Ruf no III, airman Brazos County SWCD #450 � 0 Vol._ g pg• #�7 STATE OF TEXAS COUNTY OF BRAZOS AGREEMENT FOR SERVICES This Agreement is by and between Brazos County, Texas (hereinafter "County ") and the Mental Health Mental Retardation Authority of Brazos Valley, (hereinafter "MHMR "), a Texas non -profit 501(c)(3) corporation for a period of 12 months beginning October 1, 2010 and ending September 30, 2011. WHEREAS, MHMR is a public non - profit community center serving all residents of Brazos County with the administrative responsibility and authority to provide a continuum of mental health and mental retardation services and early childhood intervention services through available resources to eligible individuals residing in Brazos County; WHEREAS, to assist in accomplishing the above stated public purposes, MHMR coordinates activities of early childhood intervention and mental health and mental retardation coverage in Brazos County, Texas; and WHEREAS, the County desires to assist MHMR in their efforts to promote the public purpose of providing a comprehensive range of services in the local community for persons with mental illness or mental retardation or for families with children, birth to age three, with disabilities and developmental delays residing in Brazos County by contracting with MHMR for the period beginning October 1, 2010 and ending September 30, 2011, for the specific services listed below; NOW, THEREFORE, for and in consideration of the mental health, mental retardation, and early childhood intervention services to be provided to the County by MHMR, and in compliance with the terms of this contract and subject to other provisions of this Agreement, and all applicable laws, the patties agree as follows:, ELIGIBILITY CRITERIA: This Agreement contemplates services provided to: 1) Individuals who permanently reside within Brazos County; 2) Who have been determined through the MHMR screening process to be in need of mental health, mental retardation, or early childhood intervention services; and, 3) Who have been determined by MHMR in a fee assessment procedure to be unable to pay for the needed mental health, mental retardation, or early childhood intervention services. Vol. I ✓t/ P9. L ` MHMR warrants that the eligibility determination: ability to pay or availability of any third party pay and residency eligibility is the responsibility of MHMR and such determination shall be made by MHMR prior to, or at the time of the provision of services. MHMR further warrants that Brazos County shall not be billed for and shall not provide reimbursement for any services provided by MHMR to non - residents of Brazos County or any insured individuals with coverage for such services. MHMR will maintain records of insured status for all hospital admissions. RESPONSIBILITIES OF BRAZOS COUNTY: 1) Pay to MHMR an (not to exceed) annual total reimbursement of $90,000, to be paid to MHMR as follows: a) $ 50,000 for the Early Childhood Intervention Program based on the Local "maintenance of effort" which requires local dollars to match $1,690,329 in federal and state ECI dollars, and b) $ 24,000 for Rehabilitative Case Management which includes psychiatric crisis related services, which is part of the local match requirement, and c) $ 16,000 for administrative support services. 2) It is understood and agreed that the County funds represented by the Agreement are for the period of October 1, 2010 through September 30, 2011 only, and will be paid wholly from funds available in that budget yew and that no County funding for subsequent budget years is authorized or implied by this Agreement; RESPONSIBILITIES OF MHMR under this agreement: To provide for county -wide early childhood intervention services and mental health and mental retardation services to eligible residents of Brazos County as determined by appropriate assessment, intake, and eligibility screening; and 2) To provide the services according to the most recent MHMR Local Plan for the fiscal year covering this agreement and according to the most recent performance Contract between MHMR and the Texas Department of State Health Services, including mental health services, mental retardation services, early childhood intervention services, contracted residential services, specialized therapies and psychiatric inpatient services; and 3) It is understood and agreed that all County funds paid to MHMR under this agreement shall only be expended by MHMR for the purpose authorized under Vol. ilsw Pg. 139 this agreement and should any amounts be expended for any other purpose, they shall not qualify for payment or reimbursement, 4) Reporting Requirements: Prepare and submit to the County a copy of the quarterly written and itemized accounting of expenditures, income and mental health and mental retardation services performed by MHMR pursuant to this contract in the same format as the quarterly report submitted to the Texas Department of State Health Services; Prepare and submit to the County a copy of the monthly written and itemized accounting of expenditures, income and early childhood intervention services provided by MHMR pursuant to this contract in the some format as the monthly report submitted to the Texas Department of Assistive and Rehabilitative Services; Term and Termination This contract shall be effective from the period from October 1, 2010 to September 30, 2011 unless otherwise terminated prior to that time, as provided by this Agreement. Either of the parties shall have the right to terminate this Agreement in whole or in part at any time. Notice to terminate this Agreement will be given in writing at least thirty (30) days prior to the date of termination. The notice shall include the reason for such a termination, the effective date of the termination and, in the case of partial termination, the potim of the Agreement to be terminated. A party may also terminate its performance under this contract upon default by the other party. Default by the party shall occur if the party fails to perform or observe any of the terms and conditions of this contract required to be performed or observed by that party. Should such a default occur, the party against whom the default has occurred shall have the right to terminate all or part of its duties under this contract as of the 30th day following the receipt by the defaulting party of a notice describing such default and intended termination, provided: (1) such termination shall be ineffective if within said 30 -day period the defaulting party cures the default or (ii) such termination may be stayed, at the sale option of the party against whom the default has occurred, pending cure of the default. MISCELLANEOUS PROVISIONS: Independent Contractor The relationship of MHMR to the County shall be that of an independent contractor. V0 1. 13 Pg. 110 Parties in Interest This contract shall bind and benefit the County and MHMk and shall not bestow any rights upon third parties. Non - waiver Failure of either party hereto to insist on the strict performance of any of the agreement herein or to exercise any rights or remedies occurring there under upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure o performance. Apolicable Laws This contract is subject to and shall be construed in accordance with the laws of the State of Texas, the laws of the federal government of the United Stales of America and all rules and regulations of any regulatory body or officer having jurisdiction. This contract is performable in Brazos County, Texas. Notices All notices required or permitted hereunder shall be in writing and addressed to the respective officer of the other party at the address described below or at such other address as the receiving party may have theretofore prescribed by notice to the sending party: County: MI -IMR: Randy Sims, Bill Kelly, . County Judge Executive Director 200 South Texas Avenue, Ste, 332 1504 S. Texas Avenue Bryan, Texas 77803 Bryan, Texas 77802 Audits 2. MHMR shall provide to the County, within 90days of the close of their fiscal year, an accounting of MHMR expenditures and services related to the program. In addition, MHMR shall maintain fiscal records and supporting documentation in the form of canceled checks, payroll records, invoices, and/or other documentation required for all expenditures of funds made under this agreement and shall allow the Brazos County Auditor access thereto upon request. Vol. 3 b pg. l ;I Ambiguities In the event of any ambiguity in any of the terms of this contract, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. Entire Agreement This contract contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Indemnification and Compliance with Laws MHMR shall defend, indemnify and hold harmless the County from any and all damages, costs, claims, expenses or liability arising out of or connected with any Accident, act, error, omission, representation or misrepresentation by the County or MHMR in performing the services or other acts to be performed under this contact. MHMR shall comply with all applicable governmental and professional requirements, regulations and/or standards in performance of services under this agreement. Signed this —Pta day of/,-2010. MHMR: BRAZOS By. 8-W By: BILL KELLY RANDY SMS Title: Executive Director Title: Braz County Judge ATTEST: KAREN McQUEEN BRAZOS COUNTY CLERK Vol. 139 pg. I 9,R- Texas Dept. of Family Budget for Title IV -E Form 2030CWNE and Protective Services g August 2010 County Child Welfare Services Contract Summary County: Brazos County Contract Number: 23380021 Bud et Effective Date: 10/1/2010 Estimated Total Total Anticipated Total Anticipated Cost Category Expenses Allocable to Federal County Reimbursement' Match Title IV -E A. Administration Personnel Salaries $0.00 0.00 $00 Personnel Frin e.Benefits $0.00 0.0.0 Personnel Trave$0.00 $0.00 0.00 %Direct Materials and Su lies $0.00 $0.00 $0.00 t E ui ment $0.00 $0.00 $0.00 t Other Costs $0.00 $0.00 $0.00 Total Administration $0.00 $0.001 $0.00 B. Training 8.1. Title IV -E Training 75% $1,19 $0.00 $1,199.00 B.2. Title IV -E Fostering Connections Training 65% 0.00 $0.00 $0.00 8.3. Non -Title IV -E Training 50% $0.00 $0.00 $0.00 Total Training $1,199.00 $358.44 $840.56 C. Supplement TI Foster Care Maintenance SFCM Total SFCM $7,600.00 $4,871.29 $2,728.71 D. Indirect Costs if applicable $0.00 $0.00 Total Indirect Costs Grand Totall $8,799.00 $5,229.731 $3,569.27 `Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) 39.860% during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. Estimated Federal Reimbursement for Supplemental Foster Care Maintenance expenses 66.730% based on Federal Medicaid Assistance Percentage (FMAP) rate in effect during preceding fiscal year: Actual reimbursement will be based on FMAP rate in effect at the time reimbursement is made to contractor. 6.820% Indirect Cost Rate, if epplic a (attach a copy of the approved Certificate of Indirect Costs): Contractor Certification Signature Date Rand Sims Coun Jud e Printed Name & Title Vol. Pg. -L= W \{ i k c Fio, >) /§ 0 to \ t 2 :§ !\ \k )k § \ as \ \ ( § CL \ co co \ cu { co LL j .6 cu \ ) } - C; o __} F cc is�= ) § )) \ C6 c Lo ; §I \ 77E#a~ R - \ & LU �({ \ Ei� > i - £ / k to \ cr t ) (])/ \ / & L '5 0� f \ ( , - :o E [ ��4 § o k § k / ) N C-4 -\ \) m \\ \\ ..� & 0 ƒ « a a•■ §o ` k£ E- �/ \k k 2\ 2 = G I 0 } } § \ as \ \ ( § CL \ co co \ cu { co LL j .6 cu \ ) } Texas Dept. of Family Budget for Title IV-E Formau3ust2oio and Protective SeMces County Child Welfare Services Contract e C. Supplemental Foster Care Maintenance (SFCM) County: Brazos County Contract Number: 23380021 Budget Effective Date: 10/1/2010 Other Costs (description and basis of cost) Estimated - Total Expense- p Anticipated Federal Reimbursement estimated FMAP Anticipated County Match Allowances $0.00 $0.00 Clothing based on 2009 expenditures) $6,000.00 $4,003.80 $1,996.20 Day Care limited $333.65 $166.35 Gifts $0.00 $0.00 Graduation Expenses $333.65 $166.35 Personal items R$500.00 $66.73 33.27 School Su Iles $66.73 $33.27 Reasonable Child S ecific Travel $66.73 $33.27 t er osts (description and basis of cost $300.00 Total Direct Other Costs $7,600.001 $4,871.291 $2,428.71 " estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook,for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps.state.lx. us /hand books/Title_IVE_County /def ault.isp Vol. `�9 Pg. I1t Texas Dept. of Family Budget for Title IV -E Form 20300WIVE and Protective Services g - August 2010 County Child Welfare Services Contract Budget Narrative Contract Number: Budget Effective Date: describe each expense to be incurred and billed to this contract. Refer to Title IV -E Finance fok for detailed information regarding allowable expenses, documentation requirements, etc. ww.dfp6.state.tx.us/handbooksf-Fitle—IVE Cou my /default.isp Administration Training Against Children Conferenc C. Supplemental Foster Care Maintenance (SFCM) Clothing and other various eligible expenditures for children IV -E eligible during quarter D. Indirect Costs (it applicable) Vol. 139 pg. 19 Texas Dept. of Family Form 8007016 and Protective Services Internal Control Structure Questionnaire (ICSQ) May 2010 for Vile IV -1r County 2:$25,000 Contractor Name: Commissioner's Court of DFPS Contract #: 23380017 & 23380021 Brazos County Current Contract Period: 1011110- 9130/11 Contract Manager: Tam! Thurmond Please refer to Instructions at ena or mrs r ,i3�j&+v=. 1 sA .F.S a'R � rt;,rK� . a yLr+.u.a'�'''.?" r`5 e�t rv.- R '1 r ✓`"' {..o �'"� Y x Y t��l'; l Ti S CT1Ql�F1' rF,1tJANGIAL PQSITION ,ijt� w "tf q UR, r i o e Yptf aboutt(°our ofd rilaatroP �s w, o�e,l I 1 (7hLs?'Sdetfor j l}d to�s��jt Pr r3�.9?LC„ LFriHi!:..��7.Ci%L`i �.1,11r ,F i�'_,��id,et�ct.II1 �.. .L tt? �...}{ Fk.�.i 3�Yr.l+ +i'F aj� 1. Please describe the accounting system in place (e.g., accrual, cash, or modified accrual). Accrual 2. Do you complete yearly financial statements (e.g., Balance Sheet, Income ®Yes []No Statement, Other)? If yes, please list the name of the person responsible for preparing the annual financial statements below and attach copy of your most "current" statements and mark it ATTACHMENT #1 -2. Person responsible for annual financial statements. Katie Conner -County Auditor- Fenn Deng- Director of Accounting If no, please provide any manual or automated information maintained regarding your "current' financial position (e.g., assets versus liabilities) and mark it ATTACHMENT #1 -2. 3. Are your accounting and financial system operations "audited" at regular intervals by ®Yes []No an Independent auditor (CPA, State Public Accountant, and Office of State Auditor)? Note that this is not referring to compliance monitoring performed by State Contract Managers. If yes, how often and who audits your records? Ingram Wallace Comoanv Inc CPA firm - audit annually. Also, if yes, please provide a copy of your most current "audit" performed of your agency and mark it ATTACHMENT #1 -3. 19 SIT RNls�KCO`NTR61%J . F � i , ,5 Ir y � F' ' ylt�� IA �a �Ja Y— •� M1� y 9 r N• r � iSY 9f �r4A, i l i 1 hNIZ KA U J aXNGrCnNa : OLS ss �� (rt m�Rtjbfl ? {�' Pz r qw re'' }apotl oU "f' r r }ro�I� s ols i ri a,gliest� ' contr c��yr t X195 ''!! P, >"$c3gm hW K,Yr sti3ri'A'g'YO,aI yoy cgjC,r,� f� wiiilpS-f�Cf��Vij zany (iiCPxt�te eSs G�S�I 5efniy #u {ue ;.i 1. Do you have more than one contract with DFPS? ❑Yes ®No If yes, please attach a list of all of your DFPS contracts, including type of service, contractnumber, and dollar amount of contract. Mark this list ATTACHMENT #11 -1. 2. Do you have contracts with other Texas state agencies (e.g., Texas Youth ®Yes ❑No Commission, Texas Juvenile Probation Commission, Texas Education Agency, etc.)? If yes, please attach a list of all your contracts with other state agencies, includin Vol. 1V P9. f I 1 Form 9QD7CiVE Texas Dept of Family I . nternal Control Structure Questionnaire (JCSQ) May 2010 and Protective services for Title IV-fE County,*� $25,000 the state agency name, type or service provided Linder the contract, dollar amount, and name and telephone number of state agency contact person for the contract I I Mark this list ATTACHMENT #u-2- J 3. Do you maintain contract files for each of your DFPS contracts? —iyes ONO Eyes ONO If yes, do the contract files contain: ............................. ........ .. ........... a. The approved contract with all attachments? ............................ ............................... NYes ONO b. Copies of contract amendments? .................................................... ............. .......... 'I ZYes ONO ZYes ONO c. Billing documents?..... ... ............. ......... —i ................. ....... I ........... — ... — ............ d. Related correspondence? ........................................................ .................... .......... Eyes ONo, Syes ONO e. Copies of subcontracts? ....... .................. ...... . ............. ..................................... .. - 4. a. Are all expenditures that are reported and/or billed as DFPS costs reconciled with Zyes ONO your general ledger? If no, please provide a written explanation below as to why such expenditures are not reconciled to your general ledger. b. Is the general ledger kept up-to-date and balanced at least monthly? NYes ONO If not monthly, please specify frequency. 5. Do you maintain a separate general ledger account for: a. Deposits for each contract's funds? ...................... ............... ...... ............................... Zyes ONo b. Disbursement of each contract's funds?.... ... _ .......... ............................ ......... ........ gYes ONa Please provide a copy of your chart ofaccounts, along with an explanation ofhow your accounting system identifies contract revenues and expenditures separately for each contract. Mark it ATTACHMENT #11-5. 6. Are billings submitted within the time frame specified in the DFPS contract? Zyes ONO ONIA 7. How do you allocate shared costs between contracts and/or programs? Please attach a detailed explanation, and mark it ATTACHMENT #11-7. B. Are costs, and expenditures controlled based on budget line items for cost ZYes ONO ON/A reimbursement and budget-based unit rate contracts? 9, Do you authorize separate individuals to: a. Sign checks? Indicate name(s) and title(s). ZYes ONO Katie Conner County Auditor: Fang Deng-Dir of Accounting' Amy Bates-Asst Auditor; 2 vol. 1 3Y Pg. jqg FO" 9007CIVe Texas Dept. of Family internal Control Structure Questionnaire'(ICSQ) May 2010 and Protective Services for `fide 1V-E CountY L' $25.000 xav Hamiton -OD Treas• Terri White -Chief De ut Trees- Laura Davis -Asst Treas ®Yes ❑No b. Approve purchase orders and vouchers? Indicate name(s) and title(s). De t eads or designated office staff, Count Jud e Purchasin de t must a rove Yes No re uisdwns for PO Auditor's off ce approves payment of PO. Victoria Holloway -Asst ® ❑ Auditor c. Prepare checks? Indicate name(s) and thle(s). ®Yes ONO Rhonda Hare-payroll checks Lisa Avers & Ashle Kom a -Accts able hecks d. Record accounting transactions? Indicate name(s) and title(s). ®yes ONO Fang Da ig Dir of Accounting; Amy Bates -Asst Auditor e. Reconcile bank accounts to internal check registers? Indicate name(s) and fitle(s). ®Yes ❑No Terri White Chief Deputy Treasurer; Laura Davis -Treas support special oroiects f. Maintain an inventory? Indicate name(s) and title(s). Leslie wil iams - Purchasin A ent 7-Bud 4cf your account ing system automated? no, skip to Question At 8. ho has access to the accounting system? specify names) and title(s) below. tie Conner County Auditor Fang Denq Dir of Accounting Amv Bates -Asst Auditor IOcer Will Bailey- BUdge'Analvs' 12. Please specify the name(s) and title(s) below for the individuals responsible for updatideleting accounting information: Updating: Katie Conner County Auditor Fang Dena Dir of Accounting: Amv Bates -Asst Auditor Officer Will Bailey- Budget Analyst Changing: Katie Conner County Auditor Fang Dena Dir of Accounting' Amy Bates -Asst Auditor Irene Jett- Budget Officer Will Bailey- BudgetAnalvst Deleting: Katie Conner-County Auditor 13. How is the accounting system secured and/or protected? Please explain. User Access is authorized by County Auditor and implemented by the information Technology Dot Vol. 18 Pg.__L- Texas Dept. of family Internal Control Structure Questionnaire (ICSQ) form May LIVE end Protective Services for Title IV -1= County ? $25,000 14. Explain below the process (initiation, review, approval, etc.) for making updates, changes, deletions, and year end adjustments to the accounting system. - Necessary adjustments are made by journal entries (JE) or adjusted journal entries (AJE). Deoartment and the treasurer's office intiate the maiority of JE's Sufficient bakup is required for each in order to make changes All JE's must be reviewed & approved for account QDIICV compliance by FaDg.DenQ Dir of Accounting or Amy Bates -Asst Auditor. 15. Are there controls to provide reasonable assurance that transactions are not lost, Ores ❑No duplicated, or added before and after data entry and editing? 16. Are there controls to provide reasonable assurance that transactions with errors are Oyes ❑No ejected from further processing (e.g., prevented from updating the files /database)? VO Form 9007crve Texas Dept. of Family Internal Control Structure Questionnaire (ICSQ) May 2010 and Protective Services for Title IV-E_ County ?,$25,000 17. Is the data entered into the accounting system verified? Yes No If yes, please specify whom (name and title) istare responsible for verifying the data, and how the verification is done. Fang Deno Dir of Accounting or Amy Bates Asst Auditor verify data entered into the accounting system Sufficient documentation is required in order to back up any data that is entered. 18. a. Do purchase orders /requisitions require specific approvals from authorized Eyes ONO QNrA individuals in the requesting department? b. What additional Internal controls and approvals are in place within your organization to ensure payments made are valid and authorized? Commissioner's Court adopted the purchasing policy Funds encumbered at the time of purchase order (PO) issuance Auditor reviews payments for accuracy and policy compliance Ongina invoices are required for contract compliance payment and are marked "paid" upon issuance of check. all checks pre- numbered and accounted for? Eyes ❑No r If no, please explain. . 9nAre . Is there any additional review or special approval required for checks exceeding a ®Yes []No specific dollar amount? If yes, please specify the dollar limits, name(s) and title(s) of responsible staff below. Accounts payable checks over specific amoutns ($40,000.00) must be counter_ signed by another at signer of checks 21. Are voided checks marked "VOID" to prevent reuse? Eyes QNo If no, please explain: 22. Are voided checks kept wittrcanceled checks? QYes ENO If no, please explain: Voided check & cancelled checks are kept in separate files 23. Are unused checks adequately safeguarded and in the custody of a person who does Eyes I]No not manually sign checks, control the use of facsimile signature plates or operate the facsimile signature machine? Indicate name and title of person below who has custody of unused checks- Unsigned checks are kept in a locked safe. Treasurer's office has access to these checks Kay Hamilton Co Treasurer Terri White - Deputy Chief Treasurer Laura Davis - Treasurer supPort & special ro ects� Lisa A ers -Asst Treasurer. Ashley Vol. 3 pg. Forth 9007GVE Texas Dept. at Family internal Control Structure Questionnaire OCSQ) May 2010 and Protective Servloes for Title IV-F- County �: $25,000 vot. Pg. Kornegav Asstireas firer Rhonda Hare - Payroll* Signature plate malnted by auditors office Katie Conner County Auditor Fang Deng -Dtr of Accounting Amy Bates -Asst Auditor 24, If a check - signing machine is used, are the facsimile signature plates properly safeguarded? Yes No WA ® ❑ If no, please explain below. 25. Is the person receiving cash prohibited from signing checks, reconciling bank accounts, and accessing other accounting records? Oyes ❑No Indicate name and title below of person receiving cash- Kay Hamilton Co Treasurer, Terri White - Deputy Treasurer: Laura Davis -Treas support & special projects; Lisa Avers -Asst Treas Ashley Kornegav -Asst Treas: Rhonda Hare Payroll Ruth Sweeney Asst Treas. All cash receipts aer double verified upon receipt. vot. Pg. Form 9007crve Texas Dept. of Family Internal Control Structure Questionnaire (ICSQ) May 2010 and Protective services for Title IV -E County 2 `$25,000 7 Vol. 13 $ Pg. ao 3 Is the drafting of checks to "CASH" prohibited? Yes No 26. If no, please explain: 27. Is the practice of signing blank checks prohibited? ®Yes []NO If no, please explain: 26. Are all disbursements approved prior to payment. ®Yes ❑No If no, please explain: 2g. Are all disbursements (excluding petty cash) made by check? ®Yes ❑No If no, what other means do you use to make disbursements. ®Yes QNo is a check register (disbursement journal) used to record disbursements and maintain balances? If no, how are disbursements and balances tracked? 30. Are purchase orders /requisitions controlled in such a way that they can all be oyes []No QNlA accounted for (e.g., by sequential pre- numbering, by entry in a register, etc.)? If yes, please attach an explanation and mark it ATTACHMENT #11 -30. 31. Are supporting documents (invoices, receipts, approvals, receiving reports, canceled ®Yes EjNo checks, etc.) maintained with each disbursement andlor dearly referenced for easy location and retrieval? Please comment on where and how supporting records are kept and filed (e.g., filed by check number, month of payment, etc). Records are scanned into laserfiche sorted by vendor name, and maintainted according to check date 32. Do supporting documents accompany checks for the check signers signature? Oyes ❑No 33. Are supporting documents marked when paid to prevent reuse or duplication of Oyes [IN. payment? 34. Are invoices marked to Identify allocation of payment? ®Yes []No 35. For your DFPS contracts, do you have procedures to identify costs and expenditures ®Yes ONO not allowable under federal and/or state regulations? If so, lease attach an explanation of your system for Identifyinq unallowable 7 Vol. 13 $ Pg. ao 3 Form 9007ME Texas Dept. of Family internal Control S n tructure Questionaire (ICSQ) May 2010 and Protective Services for Title IWECounty z $25,000 Vol.— 13? pg.-- ;�o 4_ costs/expenditures and mark it ATTACHMENT #11-35. Are all bank accounts reconciled monthly? If not, how often? Oyes ❑No of withholding and deductions FlYe, ❑No E]NIA 37. Do you have on file authorizations covering rates pay, fer each employee? If no, please explain. — Myes []No Ewa 38. Do any employees work overtime? If yes, please attach a copy of your overtime policy and mark it ATEACHMENTNI-42. Do you have written job descriptions with set salary levels for each employee? Nye, []No []WA F39, If no, please explain. 40. Does your policy require individual daily time and attendance records for personnel Elyes ONO ❑NIA (part-time, full-time, and/or in-kind volunteers) delivering services under your DFPS contract(s)? If no, please explain. Salaried employees do not keep hourly timesheet, but rather a timesheet of & vacation time. Employees tracked numbers of days worked weekly, tracking sick for the grant, notate on the timesneet hours worked regarding specific grant hours. myes ONO If yes, do the time and attendance records contain the following: ONO []Yes & Employee's name? ........... ............................... ....... .................... ........... SYes ONO b. Position/title? .... _ ...... ... .... .................................................. __ ....... ___ ............ Nyes ONO c. Total daily hours worked? ................ ............ ......................... ..... _ ................... _ ... [KYas ❑No d. Daily hours charged directly to each contract?......................... ............................... ......... ........ .......................... e. Employee's signature and/or supervisor's signature? ............... ............................... 41. a. Are you current with your payroll taxes? Cgyes E]No ❑N/A b. Do you Pay taxes directly? If no, please explain and indicate name of withholding ZYes E]No ❑WA agent. SYes Ell ❑NIA Do you have written personnel policies?.. . ....... .............. ...................... ...................... If yes, are they distributed to all employees? ......... ........ _ ....................................... ZYes ❑No (:INIA Do your personnel policies include: ........................................... ... ........... a. Hiring policies? .......................... .................... ........................ ..... ............................... 21Yes EINO Vol.— 13? pg.-- ;�o 4_ Ire (ICSQ) form 9007CNE Texas Dept. of Family Internal Control Structure Questionnaire May2olu and Protective SO011ces for Title W-E County $25,000 r g 0 ^ S Vol. 13 pg. C7-t-./ &Yes ONO .. ........ .............. ............................................... b. Performance evaluations? ........ ............................... b ZYes ONO .. ................................. ........................ - ....... ......... I ................. c. Termination policies? ........................ ............................... c d. Vacation and/or other authorized absences? ..................... ....... ........ .. .................... d Eyes ONO Eyes ONO ............................ ­­ ........................ ............................... e. Possible conflict of interest? ........... ............................... e 0yes ONO f. Nepotism Policies? .... .. ............................................ ...................... .......................... f My. ON. ................... * ............. g, Related-party policies? ....................................... ......................... ..............•................ P4 a contracts, it rat r 43- a. For DFPS cost reimbursement contracts and budget-based unit rate contracts, 3 Eyes ONO ONIA Eyes ONO ENA approved does the amount of salary being paid to each employee agree with the approved budget? b. If only a portion of any employee's salary is charged to DFPS (i.e., allocated) is SYes [:]No ON/A that portion supported by an allowable and equitable allocation method? If yes, please explain allocation method(s) used. T determined by the. is multi a c )Uee'.� solo if allowable is multiplied by a �ercentta�e s la allowable if 0­125 a r time ,paenf �on a DFPS The product for reimbursement. If; "M g "NUIN, ITT"! 44. Are expenditures for travel substantiated by travel vouchers, travel logs and/or other EYes ONO ON/A supporting documentation? If yes, do travel vouchers/logs contain the following information: a. Name of emploWe? .......... ......................................... ......... Eyes No b. Travel destination (to and from) ........ ....................................................................... ZYos ONO c. Private car mileage? (to and from destination for each trip) ...... ............................... Eyes Elmo d. Date and time of departure and return? ...... .......... ......... ................... ............... MYes ONO a. Purpose of trip? ...... ­­­ ...................... ...... .............................................................. Eyes ONO f. Signature of employee? .............. ......................... ............................ .................. Eyes ONO g. Approval of supervisor? ... ....... ........................... ............ ........................................ OYes ONO 45. Are travel expenditures under DFPS contracts billed to DFPS at, or below, rates and DFPS Oyes ONO ZN(A limitations by state travel for meals, lodging and mileage? established It no, please :DFPSprojects approved by the DFPS contract manager? f PS projects Is approved is travel for Oyes ONoZINIA 46. out-of-state r g 0 ^ S Vol. 13 pg. C7-t-./ Texas Dept. of Family . ninalre (ICSQ) Form 9007ME and Protective Services Internal contral Structure Questio May 2010 for Title JWF-County ? $25,000 VOI. 13 pg. i"XI TV B -a P WhQ% e'§Mt p t� UaWq y 4 Has equipment been directly purchased with DFPS funds? ❑yes EINO 47. 48. Please specify the level of capitalization used by your organization and provide definition of what your organization classifies as equipment. Dollar Amount: Definition of Equipment: 49. Were all of the equipment items purchased and billed to DFPS included in your ❑Yes E]No EIN/A DFPS budget? If no, please list the equipment below, and include total acquisition cost. VOI. 13 pg. Form 9007crve Texas Dept. of Family internal Control Structure Questionnaire (ICSQ) May 2010 and Protective services for Title IV =E County 2:$25,1000 50. For equipment that was directly purchased and billed to DFPS, but not detailed in ❑Yes ❑No ❑NIA the budget, was prior written approval obtained from your DFPS contract manager? 51. Are all equipment items, purchased with DFPS funds, tagged for the purpose of ❑Yes ❑No ❑NIA internal tracking and inventorying? Note: Since the equipment does not belong to DFPS, contractors are not to tag the equipment as "State of Texas" or "DFPS Property ". 52. Do you conduct a physical inventory of capital equipment purchased with federal ❑Yes ❑No ❑NIA funds? If yes, how often? 53. Are inventory records maintained to include: the description of the Item, the serial ❑Yes ❑No ❑NIA number, funding source, the acquisition cost, the acquisition date and the inventory number? Attach a copy of your inventory records for equipment purchases made with DFPS funds and mark t ATTACHMENT #I( -59. 54. Has any equipment purchased in whole or in part with DFPS funds been disposed IA of? If yes, was the DFPS contract manager's approval obtained? J:= IA 55. a. Is equipment purchased with DFPS funds being used by employees paid with ❑Yes ON. ❑wA DFPS funds? If no, please explain: b. Is equipment purchased with DFPS funds being used as outlined in the contract? ❑Yes ❑No ❑NIA If no, please explain: 1�R.t� '•", ' .r'� 4k T ,IF it e€ ,SB.fIOtTrFiTOF2& �. uY'N7b. ,....rm_?u'g7n �h �#3? � ll 'I`iP 56. Do you subcontract DFPS contracted services? ❑Yes ❑No ®NIA (If your agency as a whole does not utilize subcontractors, mark N/A and skip to Section II F.) If yes, what per of the work required by your contract do you estimate will be subcontracted? 57. Do you maintain written contracts with all your subcontractors? ❑Yes ❑No ®NIA If no, please explain: 11 vot. 13.9 . Pg ao--L Texas Dept. of Family Form 8007ME and S'mtective SeNlces Internal Control Structure Questionnaire jICSQ) May 2010 for Title 13T -1v Gvunttrz $25,000 58. Within your organization, who is responsible for reviewing and approving subcontracts, prior to execution? Provide name(s) and title(s) below. 12 Vol. 13 � Pg. Form 8007CIVr Texas Dept. of Family internal Control Structure Questionnaire (ICSQ) May 2010 and Protective Services for Title IWE County 2! $25,000 59. 59. agreement Does each subcontract agreement include: Does Dyes Na E] NIA a. Ail parties to the contract? ..... --- ....... ....... ..................... . ....... .. * ........ - .............. t ...... DYes EINO ZNJA ? b. Scope of work? ........ . - ............ ........ - .... ................ ** . ......... ........... * ............. ;o of E]Yes ONo NN/A c. When services are to be performed? ....... ........ ... - . . .............................. ........ .... -, E]Yes DNo ZNIA of pay? ................. ...... -- ........... ..... ................... - * .................. * .............. '? Dyes DNo ON/A _ Measurable hl� method f in e. Measurable method of payment? ......................... .. .............................................. El yes DNo ON/A f. Termination clause? .... .... .. .......... ... ............................... ....... ....... ................... Dyes DNo ENIA g. Performance measures? ............... ....................... ........ ......................... ........... 60. Do all your subcontracts for services under your DFPS contracts) (e.g., direct ❑yes ONO SNIA services to clients) either include the terms required by your DFPS contract or reference the required terms? If no, please explain. Please attach a copy of your subcontract agreement and mark it ATTACHMENT 61. Do you have procedures in place to monitor that services under your DFPS Dyes DNo EINIA contract(s) are being delivered and paid by subcontractors as required by your DFPS contract(s)? firyes, please attach a copy of your service monitoring procedures and mark it ATTACHMENT 911-61. 62. a. Do you competitively procure your subcontractors? Dyes ONO ON/A b. if you have any DFPS contracts for $100,000 or more, do you make a good faith DYes DINO ONVA effort to subcontract with Historically Underutilized Businesses (HUBS)? If no or n/a, please explain. Please attach an explanation of your subcontractor procurement policies and procedures and mark it ATTACHMENT #11-62. 63. Have all subcontracts for services under your DFPS contract (e.g., direct services to E]Yes [-]No ONIA subcontracts by your DFPS contract manager? t b 10 v�SER' RMA'.. SEG, 1 �U. I 9---1 T7; , 6 .fr= 5&61 -,1(5TdOYj dun ;-(Th1§;�i'd01IGnzPi6 WN^T Y, 64. if administrative costs will be claimed, has the county submitted an administrative MYes DNo budget to DFPS for review and approval? 65. If any administrative costs claimed under the contract are shared with other contracts Eyes ONO (both DFPS and non-DFPS), has the county submitted a cost allocation plan to DFPS for review and approval? 13 VOL— Pa. 90 67 7 � Form 9007CNE Texas Dept, of Family internal Control Structure Questionnaire (ICSQ) May 2010 and Protective services for Title IY -E County?! $25 ;000 if no, please describe your allocation process and mark as ATTACHMENT #f1 -65. 66. Does the County Child Welfare Board have a process that DFPS Caseworkers must ®Yes ONO follow In order to obtain assistance from the County Child Welfare Board for a Foster Child? a). If yes, is the above policy a written (published) policy? Attach a description of the process or a copy of the written policy and mark as ATTACHMENT #11-66. 67, Hasihave the county Title IV -E contract(s) been audited by county internal or ®Yes ❑No external auditors? If yes, provide fiscal period and date of audit. Last FY (Oct 2008 - Sept 2009) 68. Do the Region and the county conduct an annual review of the county Title IV -E ®Yes []No contracts? If yes, provide date of last review. The County conducts an annual review of the Title IV -E contracts each year with the annual audit of financials. Note: An annual review of the contract is specified in the contract. 69. How does the Child Welfare Board pay for the supplemental child -care expenses? Provide a description of the process and name and /or positron of responsible persorVstaff and mark It as ATTACHMENT #11 -69. 70. What back -up documentation does the county maintain to support Title IV -E reimbursements? Provide a description of the documentation and mark it as ATTACHMENT #1I -70. 71. Who maintains the documentation within the county (e.g., Child Welfare Board, County Auditor, Other)? Provide the name of the county department or name and /or position of responsible person/staff. Megan Conkel - Asst Auditor 72, Who creates the County Title IV -E Claims Voucher (Quarterly Billing)? Provide the name and /or position of responsible person /staff. M an Conkel-Assj Auditor 73. Does the county's bookkeeping process, including the preparation of the Quarterly ®Yes ONo Billing, exclude involvement by a DFPS staff bookkeeper or accountant? If no, provide a description of the DFPS bookkeeper or accountant's role in the process and mark it ATTACHMENT #11 -73. Note: As per DFPS policy, DFPS staff cannot have any bookkeeping function In relation to Title IV -E CWB contracts. 14 Vol. j ?J Sr Pg. off-►0 Fenn 9007civv Texas Dept' of Family internal Control Structure Questionnaire OCSQ) May2010 and Protective Services for Title lV -E County> $25,00 74. Who, within the county, signs the County Title IV -E Ciaims Voucher (Form 4116 -State of Texas Purchase Voucher Quarterly Billing)? Provide the name and /or position of the responsible person /staff. Katie Conner - County A ditor 75. How does the county ensure the County Title IV -E Claims Voucher is reconciled with the county's general ledger? - ... 76. Does the county have a process to ensure that all expenditures claimed are ®Yes ❑No allowable expenditures? If yes, attach a short description of the process and mark it ATTACHMENT #11-76. 77. Does the county have a process to ensure that all raised or donated funds used as ❑Yes ❑No certified match for the County Title IV -E Claims Voucher are unrestricted funds? If yes, attach a short description of the process and mark it ATTACHMENT #11 -77. 78. How does the county know which children are IV -E eligible? Provide a description of the process and the name and/or position of responsible person /staff and mark it as ATTACHMENT #11 -78. Yes No 79. if a person other than the County Judge or County Auditor has signature authority, ❑ has the county provided DFPS with a document clearly naming the persons authorized to act on behalf of the county on matters concerning the county-fitle IV -E contract? (e.g., person authorized to sign vouchers, responsible County Child Welfare Board staff). CERTIFICATION Signed by an individual legally responsible for the conduct of the contractor. I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE INFORMATION REPORTED HEREIN IS TRUE, CORRECT, AND COMPLETE. Signature Katie Conner PrintedfTyped Name V ++� 15 Pg. O I Vol. ___L_� - Date County Auditor Brazos County Internal Structure Control Questionnaire —Attachments September 10, 2010 Attachment 1 -2 Annual Financial Statements — See Brazos County website: http://co.brazos.tx.usl Attachment II -2 Included in our Annual Financial Statements - See Brazos County website: http• / /Co,brazos.tx.us/ Attachment II -5 The accounting system is maintained to have separate revenue line items for each contract and in some cases separate fund numbers. This allows funds received for each contract to be tracked independently. A chart of accounts has been attached. Attachment II -7 Shared costs are allocated between contracts and/or programs based on the county's Cost Allocation Plan (CAP) that is prepared by the Auditor' office. A copy of our 2011 CAP has been provided for you with the ICSQ. Administrative costs are not claimed by Title IV-E Welfare Services, however Title IV -E Legal does. Attachment II -30 Purchase orders are generated electronically by our Purchasing department. The purchase orders are given numbers automatically in sequential order. Attachment II -35 The Auditor's office prior to submission of claims, reviews the detail determining if it is an allowable cost/expenditure so as to ensure that we comply with federal and/or state regulations. The Child Welfare Board submits payment authorization to the Auditor's office for qualified children under the Title IV- Foster Care Maintenance contract. The payments are then reviewed to insure allowable costs /expenditures before payment is disbursed. Attachment I1 -42 The overtime policy attached is the general county policy, however some departments do implement their own policy. Attachment # II -59 Equipment is not purchased with PRS funds. Vol. 19 Pg. 919- Attachment I1 -66 In order to receive assistance from the County Child Welfare Board for a foster child, a monthly meeting is held to determine normal expenditures (Le. school clothes) and make a decision as to the amount allotted. If a child has a special need for something, an formal request is written to the board and the request is addressed at the monthly meeting. However, if the request is considered an emergency then the request is brought to the board at an earlier date for approval. Attachment II -69 The Child Welfare Board pays for supplemental child -care expenses by submitting the bills to the county for review and then the county reimburses or makes payment to the necessary individuallvendor. Attachment 11 -70 Supplemental child -care expenses are paid for by payment authorizations and bilWreceipts submitted from foster parents. Attachment 1I -76 The Child Welfare Board submits all expenditures to the county based on a list of allowable expenditures. The payments are verified again when received by the Auditor's office. Attachment II -79 The County receives lists of all children IV -E eligible for the months included in the quarterly claim. These records are reviewed and utilized to determine which child are eligible and be included with the quarterly claim. which amounts can Vol. 3 U pg. 013 Texas Dept of Family Risk Anal sis Questionnaire Form 2109 and Protective Services Y May 2009 Contract Name: Commissioner's Court of Brazos County Contract Number: 2nsann?i Please provide the person's name and number to contact if additional information is needed: Megan Conkel - 979- 361 -4352 FY 2011 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 Contract Number Payment Type Attached is a copy of the schedule of expenditures of Federal and State Awarric for year Priding Septemher in,. 2009 RAJ 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 abov Non - compensated services Non - routine and non - recurring services Consulting or Management services Building /Leasing Transportation Labor For -profit affiliated with non -profit Owned /operated by same or related entity RAI Factor #10 a- mentioned parties for the following? ❑ Yes ® No ❑ Yes ® No ❑ Yes ®No ❑ Yes ® No ❑ Yes ® No ❑ Yes ®No ❑ Yes ®No ❑ Yes ® No 1 I Vol. 13$ Pg. g Texas Dept of Family Form 05 and Protective services Risk Analysis Questionnaire nnay 2 oos 4. The percentage of total expenditures paid out to Subcontractors in a fiscal year. 20% ❑ 20% or less ❑ 21 % to 40% ❑ More than 40% RAI Fades N8 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 Vlll). Executive ❑ Director, President or Equivalent Accounting ❑ (Comptroller, Financial Business Mgr, etc.) Program ❑ Director, Program Coordinator or Equivalent RAI Factor O Less than 2 years with ❑ fiscal or programmatic components of federal and/or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs 6, Total Contractor Experience At least 2 years with fiscal or programmatic components of federal and /or state contracted programs At least 2 years with fiscal or programmatic components of federal and /or state contracted programs At least 2 years with (� fiscal or programmatic components of federal and /or state contracted programs At least 2 years with fiscal and programmatic components of federal and/or state contracted programs At least 2 years with fiscal and programmatic components of federal and /or state contracted programs At least 2 years with fiscal and programmatic components of federal and /or state contracted programs 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 RAC Factor 07 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 97 II 2 Vol. Pg.- °15 Vol � ' �� §; !f!} } }! !!§ ° ~ ` §)j - � ) §!!!! ! !!; ;i,!!; l•4,! \ `! _ | ;`•%{ /.) §) - /;/ § ®)ii !lttt Vol � ' �� )g p9- 164 Vol. )" pg' �I I I I I Illu'III �� .Et I I I I I I `R d E a p p v „ boa LE a � ^ O x x a o 0 4 S 4 w° � - em LL E Y )g p9- 164 Vol. )" pg' �I I CB <a�g 5 � 6A 6b S Y C C 0 � - O y- F T von. Pg. a�S� - E c a` CAN R o d W$ 6 6 6 < ¢ 2 S S 6 6 6 6 6 ¢ 6 S 6 `z z Q U j z 6A 6b S Y C C 0 � - O y- F T von. Pg. a�S� Affad,mant ,7L -5- BRAZOS COUNTY, TEXAS FINANCIAL ACCOUNTING SYSTEM FTCrAT. VF. AR 2009 -2010 9/912010 audfiles rpolicyprocedums/acctsys✓chartlO voi. 138 pg. III YJir.. FUND GROUP FUND FUNCTION DEPT, DIVISION TITLE I GENERAL FUND GROUP 2 SPECIAL. REVENUE FUND GROUP 3 4 DEBT SERVICE FUND GROUP CAPITAL PROJECT FUND GROUP 7 PROPRIETARY FUND GROUP 8 FIDUCIARY FUND GROUP 9 ACCOUNT GROUP 10000 General Government - 20000 Justice System 30000 Law Enforcement 40000 Juvenile Services 50000 Public Transportation 60000 Public Health 70000 Human Services 80000 Capital Projects 90000 Debt Service 1 GENERAL FUND GROUP 0100 General Fund 10000 100000 10000100 County Judge 70000 100000 10002000 Veteran's Service Commissioners' Court 10000 110000 11000100 Administration 10000 110000 11000500 Non- Departmental 10000 110000 11001500 Contingency IOOOO 110000 11002000 Community Support 70000 110000 11003000 County Fire Protection 70000 110000 11004000 County Welfare 20000 110000 11010000 Court Support Costs Budget Office 10000 105000 10500000 Administration County Treasurer 10000 120000 12000100 Administration Risk Management 10000 125000 12500100 Administration Tax Assessor Collector 10000 130000 13000100 Administration Information Technology 10000 140000 14000100 Administration Human Resources 10000 150000 15000100 Administration County Auditor 10000 160000 16000100 Administration Purchasing 10000 165000 16500100 Administration 9/912010 audfiles rpolicyprocedums/acctsys✓chartlO voi. 138 pg. III M12010 aud5leslpolicypmcedures /aocfsy char110 Vol. 13g Pg. � �-o 91912010 audfiles /pollcyprocedures /amtsys4chartl0 Vol. �30 pg p2a FOND DIVISION Justice TITLE of Peace - Precinct 4 FUND GROUP FUNCTION DEPT. 20000 244000 24401100 Administration In -Kind Support 20000 70000 260000 260000 26001000 26002000 Community Supervision - Support Health Department - Su ort Sheriff Department 30000 30000 30000 260000 280000 280D00 28000100 280020DO 281000 General Administration Jail Administration Joint Terrorism Task Force Constable Precinct 1 30000 301000 30101100 Administration 30000 303000 30100700 TXDoT Su22ort Agreement Constable Precinct 2 30000 302000 30201100 Administration Constable Precinct 3 30000 303000 30301100 Administration Constable Precinct 4 30000 304000 30401100 Administration Juvenile Services 40000 310000 31000100 Administration 40000 310000 31000200 Juvenile - Detention 40000 310000 31000300 Juvenile - Academy 40000 310000 31010000 TYC Parole 40000 310000 31040000 JJAEP 40000 310000 31050000 Juvenile Title 1V -E 40000 310000 319000 TDHS- Commodities Indigent health Care 60000 340000 34000100 Administration Emergency Management 70000 70000 355000 355000 35500100 35500200 Administration Emer enc Relief Exposition Center 70000 360000 36000100 Administration Brazos Center 70000 365000 36500100 Administration County Agriculture Extension 70000 370000 37000100 Administration Child Protective Services 70000 380000 38000100 Administration Road & Bridge 50000 560000 56001000 Administration 50000 560000 56002000 Road & Bridge - Shop 60000 560000 56005000 Environmental Protection 99999900 Project Clearing 0200 60000 110000 11002200 Co Health Endowment Fund Community Public Health 6000 10000 Payron Agency Fund 6100 10000 IFlex Benefit Cafeteria Pund 91912010 audfiles /pollcyprocedures /amtsys4chartl0 Vol. �30 pg p2a 919/2010 -i i 1 i I audnies /pollcyprocedums /acclsys/chartl0 Vol. 139 Pg, a d �, 9/812010 audf des ipolicypmcedurestaccisyslchartl0 Vol. I!? Pg. 9� v FUNCTION DEPT. DIVISION TITLE FUND GROUP FUND 2801 Chapter 19 State Fund 10000 130000 13005100 Administration 2900 Vehicle Inventory Interest Fuad 10000 130000 13006000 Administration 3000 Brazos County Grant Fund 30000 180000 183100 CUDEP 70000 210000 212000 HAVA- Education Grant 70000 210000 212100 HAVA - General Compliance 30000 280000 286000 OAG -Vine Program 30000 280000 288000 Bryne Justice Assistant 30000 280000 288200 JAG - BX0600 30000 280000 289000 Tech Enhencement - ARRA 40000 310000 311100 TJPC - Z -Salary Adjustment 40000 310000 312100 TJPC - State Aid 40000 310000 316100 TJPC - Community Corrections 40000 310000 318300 TJPC - F - Prog Sanctions JPO 40000 310000 318400 TJPC - O- Prog Sanctions 1.2 -3 40000 310000 318500 TJPC -O- Prog Sanctions lSJPO 40000 310000 318600 TJPC -X - ICBF 40000 310000 318700 TJPC - C - Commitment Reduction 70000 355000 355400 GDEM - State Homeland Security 70000 355000 355500 LEPC - Local Emergency Planning Committee 70000 355000 355600 BVCOGInterlocal 50000 424100 424100 MPOPlannin 3100 50000 Real Relocation Study 3202 Brazos County S1U 30000 280000 282300 Administration 3300 Sheriff Department Crime Fund 30000 280000 28050000 Administration 3400 D.A. Crime Fund 20000 192000 19200100 Administration 3500 Primary Election Services 70000 210000 211200 Administration 70000 210000 211300 County Clerk Election Services 3 DEBT SERVICE FUND GROUP General Obligation Debt Service Fund 4100 90000 600000 60000100 Debt Service - Interest 90000 600000 60002000 Debt Service - Principal 4 CAPITAL PROJECT FUND GROUP 4308 80000 630000 63430800 Jail Expansion 2007 4309 80000 630000 63430900 Expo Center Expansion 4500 80000 630000 63000500 Capital Projects - Commissioners Court 80000 630000 63000600 North Wing Renovation 80000 630000 63000700 Courthouse Renovation 80000 630000 63000800 Courthouse North Wall Replacement - 80000 630000 63000900 Tax Office Building 9/812010 audf des ipolicypmcedurestaccisyslchartl0 Vol. I!? Pg. 9� 919!2010 auotiteslpoficyprocedures /aectsyslchartl0 vo1. 1 39 Pg. 0 ; L FUND FUNCTION DEPT. DIVISION TITLE FUND GROUP 7 PROPRIETARY FUND GROUP Health & Lite Insurance Fund 5000 10000 640000 64005000 Administration Inmate Commissary Fund 5500 70000 280000 28006000 Commissary Administration County Attorney Operating Fund 5800 70000 180000 18006000 Hot Check Collections 8 FIDUCIARY FUND GROUP Count Clerk A eucy Fund 6500 6600 District Clerk A euc Fund Narcotics Seinrre Agency Fund 7100 Ba0 Bond Board Trust Fund 7500 9 ACCOUNT GROUPS 9100 Health Department 60000 530000 53000000 Contingency 60000 530000 53000100 General Administration 60000 530000 53001000 Environmental Services Administration 60000 530000 53002000 Clinic Services Administmtion 60000 530000 530D3000 Lab Administration 60000 530000 531000 Immurdzation 60000 530000 536000 OKtce of Regional Planning 60000 530000 538000 Bioterrorism Grant 60000 530000 538100 BT Discretionary 60000 530000 538200 Emergency Response -Phase 1 - 60000 530000 539000 Tuberculosis 9500 General Lou Term Debt 9600 General Fixed Assets Community Supervision 9700 20000 551100 551100 Basic Supervision 20000 551100 554100 CCP Substance Abuse 20000 551100 555100 CCP High Risk/HighNeed 20000 551100 556100 Drug Court 20000 551100 556200 DP - High/MediumReduction 20000 551100 557100 DP - Mentally Impaired 20000 551100 55810D DP - Substance Abuse 20000 551100 559100 AP -High Risk/Hi h Need 919!2010 auotiteslpoficyprocedures /aectsyslchartl0 vo1. 1 39 Pg. 0 ; L o#ad,msn1 A -42 BRAZOSCOUNTY 4.06 POLICY ON HOURS WORKED AND OVERTIME 4.06.1 OVERTIME: The policy of Brazos County is to keep overtime to a minimum. However, employees may be required to provide services in addition to normal hours or on weekends or holidays. Department heads and other executives, administrative, and professional employees are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and are expected to render necessary and reasonable overtime services with no additional compensation. The overtime may be used as a factor in granting or denying paid leave other than vacation or sick leave. Each county job description designates whether persons hired in that classification are covered by or exempt from the overtime provisions of FLSA. 4.06.2 HOURS WORKED: Hours worked shall include all time actually spent in the service of Brazos County as defined in the Fair Labor Standards Act (FLSA) and its regulations. 4.06.3 OVERTIME APPLICATION: Overtime, as defined by this policy, shall apply to all employees eligible for overtime compensation under the FLSA, except for law enforcement employees. Overtime for law enforcement employees is defined in the policy addressing law enforcement overtime in the Sheriff's Department, 4.06.4 OVERTIME DEFINITION: For non -law enforcement employees, overtime begins to accrue with the 41" bour of actual work time during the seven (7) day workweek. For law enforcement employees, overtime begins to accrue with the 172nd hour of actual work time during the 28 -day work period. Non exempt employees are compensated for overtime by earning compensatory time. 4.06 Page 1 oft Brazos County Personnel Policy Manual 118 June 30, 2007 Vol. �� J Pg. BRAZOsCOUNTY 4.06 POLICY ON HOURS WORKED AND OVERTIME (continued) 4.06.4 OVERTIME DEFINITION (continued) Compensatory time off at one and one -half times the number of hours worked up to a maximum number of hours which may be accrued (480 hours for law enforcement employees and 240 hours for others); or payment at the rate of one and one -half the employee's regular hourly rate. Paid leave shall not be counted in determining if overtime has been worked in any workweek. Except in emergency situations, an employee shall be required to have authorization from his/her supervisor before working overtime. 4.06 Page 2 of 2 Brazos County Personnel Policy Manual 119 June 30, 2007 Vol. r JO pg. �ip office of the Brazos County Auditor Brazos County Administration Building * * 200 South Texas Avenue, Suite 218 Bryan, Texas 77803 (979) 361 -4350 Fax(979)361 -4188 BRAZOS COUNTY, TEXAS FISCAL YEAR 2011 CONSOLIDATED LOCAL CENTRAL SERVICES OMB A -87 COST ALLOCATION PLAN Based on Fiscal Year 2009 Expenditures CERTIFICATION STATEMENT This is to certify that I have reviewed the cost allocation plait submitted herewith and to the best of my knowledge and belief: I (1) All costs (for the fiscal year ended September 30, 2009) included in this proposal dated August 16, 2010, to establish cost allocation or billings for the period of October I; 2010 to September 30, 2011, are allowable in accordance with the requirements of OMB Circular A -67, "Cost Principles for State, Local, and Indian Tribal Governments," and the federal award(s) to which they apply. Unallowable costs have been accounted for in allocating costs as indicated in the cost allocation plan. (2) All costs included in this proposal are properly allocable to Federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently. I declare that the foregoing is true and correct. Brazos County,'fe�xas� � Signature: Ms. Katic Conner Brazos County Auditor Date of Execution: Y-Z 7 -Zj()— Vol. r l ? pg a g� Office of the :Brazos County Auditor Brazos County Administration - Building * * 200 south Texas Avenue, Suite 218 Bryan, Texas 77803 (979)361.4350 Fax (979) 361 -4188 BRAZOS COUNTY, TEXAS FISCAL %EAR 2011 INDIRECT COST RATE PROPOSAL Based on Fiscal Year 2009 Expenditures CERTIFICATION STATEMENT This is to certify that I have reviewed the indirect cost rate proposal submitted herewith and to the best of my knowledge and belief: (1) All costs (for the fiscal year ended September 30, 2009) included in this proposal dated August 16, 2010, to establish billing or final indirect cost rates for the period of October 1, 2010 to September 30, 2011, are allowable in accordance with the requirements of OMB Circular A -87, "Cost Principles for State, Local, and Indian Tribal Governments;' and the federal award(s) to which they apply. Unallowable costs have been accounted for in allocating costs as indicated; in the cost allocation plan. (2) All costs included in this proposal are properly allocable to F6deral awards on the basis of a beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types ofrcosts have been accounted for consistently and the cognizant state agency or Federal Government will be notified of any accounting changes that would affect the indirect cost rate. I declare that the foregoing is true and correct. Brazos County, T Signature: Ms. Katie Conner Brazos County Auditor /l Date of Execution: Indirect Cost Rate Calculation Total Allowable Indirect Costs $ 6,084,473.47 = 17.66% County -wide Indirect Cost Rate Total Operating SalarleslWages 534,457,876.27 Indirect Cost Rate with carry forward provision = 6.82°/ V0 1. P>3 a8' Brazos County, Texas OMB A -87 Cost Allocation Plan and Indirect Cost Rate Proposal for the 2011 Fiscal Year (Based on FY 2009 Expenditures) 0100 GUNJ IAULt rnci,irv.. i c ----- - -- - -- - 232,924.64 6.82% 15,880.33 0100 CONSTABLE PRECINCT 30301100 0100 CONSTABLE PRECINCT 4 30401100 319,137.81 6.82% 21,758.16 0100 JUVENILE SERVICES 31000100 1,009,232.27 6.82% 68,807.40 0100 JUV SRV- DETENTION 31000200 1,183,917.28 6.82% 80,717.06 0100 JUV SRV- AGADEMV 31000300 161,448.63 6.82% 11,007.24 0100 TYC PAROLE 31070000 111,410.58 6.82% 7,595.75 31040000 122,766.42 6.82% 8,369.96 0100 JJAEP 31050000 366,583.63 6.82% 24,992.92 0100 JUVENILE TITLE IV -E 0100 EMERGENCY MANAGEMENT 35500100 123,515.78 6.82% 8,421.05 0100 EXPOSITION CENTER 36000100 496,031.08 6.82% 33,954.74 0100 BRAZOS CENTER- ADMIN. 36500100 488,168.24 6.82% 33,282.31 0100 CO. AGRICULTURE EXTENSION 37000100 226,339.70 6.82% 15,437.36 a Vol. � 3�' Pg. �9 Brazos County, Texas OMB A -87 Cost Allocation Plan and Indirect Cost Rate Proposal for the 2011 Fiscal Year (Based on FY 2009 Expenditures) Vol. 4 PS• ),5O Direct Salaries Total Indirec Fund Budget Unit Title Division and Wages ICR Cost Allocation 0100 ROAD AND BRIDGE ADMIN. 56001000 2,872,748.74 6.82% 195,858.15 1100 HOTEL OCCUPANCY TAX 11002500 53,794.20 6.82% 3,667.58 1100 HOT-MARKETING REIMBURSEMT 11002600 31,158.65 6.82% 2,124.35 2000 COUNTY CLERK MGMT FUND. 2100500D 78,703.10 6.82% 5,365.82 2200 COURTHOUSE SECURITY FUND 51000100 269,790.07 6.82% 18,393.74 2700 BAIL BOND BOARD FEES 12006000 542.31 6.82% 36.97 2900 VIT INTEREST FUND 13006000 b.00 6.82% 0.41 183100 83,057.52 6.82% 5,662.69 3000 TDT -CUDEP 144,818.32 6.82% 9,873.42 3000 TJPC- Z- SALARY ADJUSTMENT 311100 3000 TJPC -STATE AID 312100 138,303.76 6.82% 9,429.27 3000 TJPC - COMMUNITY CORRECTION 316100 247,501.58 6.82% 16,874.15 3000 TJPC- F -PROG SANCTIONS JPO 318300 1841858.43 6.82% 12,603.27 3000 TJPC- G -PROG SANCTNS 1 -2 -3 318400 59,586.23 6.82% 4,062.47 3000 TJPC- O-PROG SANCTNS ISJPO 318500 44,165.17 6.82% 3,011.09 3000 TJPC- X -ICBF 318600 55,113.53 6.82% 3,757.53 3000 METROPOLITAN PLANNING 424100 254,116.04 6.82% 17,325.11 3202 BRAZOS COUNTY SIU 282300 37,775.15 6.82% 2,575.43 3400 D.A.CRIME FUND 19200100 13,563.64 6.82% 924.14 5500 INMATE COMMISSARY 28006000 84,691.79 6,82% 5,774.11 5800 CA-OPERATING FUND 18006000 33,022.93 6.82% 2.251.44 9100 HEALTH DEPT, ADMIN 53000100 220,780.65 6.82% 15,052.37 9100 ENVIRONMENTAL SRV ADMIN 53001000 470,123.09 6.82% 32,052.03 9100 CLINIC SERVICES ADMIN 53002000 7,807. B6 6.82% 532.32 9100 LAB ADMINISTRATION 53003000 86,514.05 6.82% 5,898.35 9100 IMMUNIZATION 531000 240,265.40 6.82% 16.380.80 9100 REGIONAL PROGRAMMING 536000 300,316.69 6.82% 20,474.98 9100 EMERGENCY PREPARENESS 538000 134,260.58 6.82% 9,153.61 9100 TUBERCULOSIS 539000 57,668.80 6.82% 3,931.74 9700 BASIC SUPERVISION 551100 1,961,796.42 6.82% 133,751.28 9700 CCP SUBSTANCE ABUSE 554100 177,316.80 6.82% 12,089.10 9700 CCP HIGH RISK/HIGH NEED 555100 58,568.57 6.82% 3,993.09 9700 DRUG COURT 556100 109.010.99 6.82% 7,432.15 9700 DP HIGH /MEDIUM REDUCTION 556200 156,568.96 6.82% 10,674.55 9700 OP MENTALLY IMPAIRED 557100 68,586.75 6.82% 4,676.10 9700 OP SUBSTANCE ABUSE 558100 121,432.02 6.82% 8278.99 9700 DP HIGH RISKMIGH NEED 559700 49,734.29 6.82% 3,390.78 34,457,876.27 2,349,267.67 Vol. 4 PS• ),5O Brazos County, Texas OMB A -87 Cost Allocation Plan I Indirect 2009 cost Rate proposal for the 2011 Fiscal Year (Based n carry- Forward calculations Rate - Computed below Direct Salaries and Wages Base Central Service Costs Direct Salaries and Wages Base Actual Indirect Cost Pool Recovered: Fixed Rate X Actual Base Should Have Recovered: Actual Indirect Costs (Under)or over Recovery Carry Forward to Subsequent Year use during subsequent period: d: Direct Salaries and Wages Base Indirect Cost Pool: Projected Carry Forward Total Indirect Cost Pool Fixed Rate for subsequent period: e 2008/20094(10/1 /00- 9130/09) FY 201012011 Based on 2007 Expenditures I Based on 2 $ 7,615,700 26.14% $ 29,128,856 $ 7,615,700 $ 7,615,700 $ 34 457,876 $ 5,679,116 $ 5,679,116 $ 9,006,965 $ 5,679,116 $ 29,126,856 $ 34,457,876 $ 5,679,116 $ (3,329,849) $ 2,349,268 26. 5 VOL M Pg. 93- `m r" m u N LL 0 N d 0 m 0 O w a`w N m F m c 2' y 6 Z O w � o U � N O N L O .s o 0 mA �m a C O m D O N U Q m 0 O Vol. :1 3b pg.—�_ Q N n 6 a to a m m w a�u u NTj 3v � c ° o n n g ° w n n O a u S° ^� 4 �°-, S a°f $ S w m$ n S o v q w N 3 U U U U V U V U U U U U V U U U U U U U U U U U U U U U V U U U U U2Z V U U U U 00 U UO N U Z w— r u Q W Z U u uw. 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O r°0` m �P N W O�i W m 0 N } p� q Vol. pb'•--�— m m b N U N_ O N w O A O a o- a`a p d t X N � a L' O� � U c 0 O U � U � � O L i m C m C� N IL a O .p O O Q 0 V r Q f9 O s ;N ee� a� U 3� U 7 Fd e i u o 0 0 0 0 0 0 0 0 0 0 0 0 0 i i y N W f � r w o $ ¢> xw > w w x z o D D a ¢ a w z rc p Q > Y z x > u 0 O r ¢ 6 O S> N S U W 4 H K> U O U g ;o $ H$ z z z z Z z z Z Z Z Z Z Z 0 0 0 0 0 0 0 0 'd 0 0 0 0 0 F �- o 0 0 0� o oa 0 0 0 0 0 0 0 S S S F i 5 5 5 5 5 x x x z x x x x x x z x x x a g a n a a a w a n a a n 0 o a o 0 00 0 0 0 0$ 0 O 0 �Oi0000000Y;0°�°�� Vol. 131 Pg. N } t6 O y LL 0 N d . r w 0 O H � y J x Ya9 F O T O m C U O U F 'O N C c � v a m ro cA N Q. C O ro O O Q O U Q m �L 0 �m m A r r n n ;a � e a p m 5 m' E w° u Vol. R d N u a O U g f Y O e m� �bU U s d }� U R ie m n n n n 9 y °• 0 8 8 8 0 °i w 8 `n Qu, ``n• ry U O U O O D O 0.0 O O O O O D O J O O G O O O O O U 0 0 1 F > T T W > W F > Q w 1 w > LL f S Y�4 K OW w; p O T 0 2 tJ C O Y �y Q> K a J u z U d W W JJi J,�� N O y f W WJ W� � 2 N W , N JJ• IC�c11��111 Z Y N Q y CW J J Z V Y f 0} J z U U O FWFW w Q> Ngg U 6 y O Z> N i U Ng LL' 6 J OS > y U LL¢ a •° e 'w Ri a `� m n 8 a m G1 N N in N N N N •mf1 N N N m Y W W W J W W W W W W W W W w W W W W W W� l y Z z z z z z Z z z p p 7 J J J J J J J J J J a a a a a a a a u a a a a a z F z 2 F F v W. uuZ U Uzz U t� y E Lo Y 2 Y Y y2 m¢ ZU N ¢ 6 F a K K C F 6 Q 6 4 F F F K w R K K R Z W W W W W� Iz11 W� y j J� J J Jn O J J� U_' U_' U' 2 2 U_• _U•U O O O n G O m m m w m m s$ 8 a$ 8' 0 8 0 8 0 0 0 s• a. a; o$$ o o 8$ o$$$ mo 8 �m m A r r n n ;a � e a p m 5 m' E w° u Vol. R d N u a O U g f Y O Brazos County, Texas OMB A -87 Cost Allocation Plan and Indirect Cost Rate Proposal for the 2011 Fiscal Year (Based on FY 2009 Expenditures) Schedule of Assets by Function County Judge County Treasurer Risk Management Information Technology Human Resources County Auditor Purchasing Administration Building Maintenance Budget Office County Records Management 2% Use Allowance for Buildings and Improvements 6 213% Use Allowance for Machinery and Equipment 98,394.52 306,962.55 2 71 � ✓ Vol. Pg.---]- Other Machinery & Buildings Improvements Equipment 189,565 2,706 - 664,132 9,502 5,528 189,565 2,706 1,211,893 40,859 4,352,484 474,131 5,917 - 948,699 15,343 - 379,567 5,441 6,371 530,763 57,982 227,057 95,001 475 - 95,001 478 12,998 4,778,317 141,409 4,604,438 2% Use Allowance for Buildings and Improvements 6 213% Use Allowance for Machinery and Equipment 98,394.52 306,962.55 2 71 � ✓ Vol. Pg.---]- Brazos County, Texas OMB A -87 Cost Allocation Plan and Indirect Cost Rate Proposal for the 2011 Fiscal Year (Based on FY 2009 Expenditures) Analysis of the Juvenile Department's Cost Increase or Decrease resulting from a change in the ICR. Total Juvenile Department Salary for FY 2009 3,829,706 Total Indirect Cost Allocation for FY 2009 based on the prior ICR (23.76 %) 909,938 Total Indirect Cost Allocation for FY2009 based on the current ICR, with carryforward 261,102 Total increase(decrease) in Indirect Costs Allocated to the Juvenile Department $ (648,837) � 72 Vol. _J ,l Pg. Cost Allocation Plan and Indirect Cost Rate Proposal Methodology Brazos County has compiled the Cost Allocation Plan and Indirect Cost Rate Proposal using the Consolidated Cost Allocation Method with an allocation base of salaries and wages. The following excerpt from OMB A -87 explains the method. Consolidated Cost Allocation Method Where a grantee agency's major functions benefit from its indirect costs to approximately the same degree, the allocation of indirect costs may be accomplished by (1) classifying the grantee agency's total costs for the base period as either direct or indirect, and (2) dividing the total allowable [as per OMB A -87 guidelines] indirect costs (net of applicable credits) by an equitable distribution base. The result of this process is an indirect cost rate which is used to distribute indirect costs to individual Federal awards. The rate should be expressed as the percentage which the total amount of allowable indirect costs bears to the base selected. b. Both the direct costs and the indirect costs shall exclude capital expenditures and unallowable costs. c. The distribution base may be (1) total direct costs (excluding capital expenditures and other distorting items, such as pass - through funds, major subcontracts, etc.), (2) direct salaries and wages, or (3) another base which results in an equitable distribution. In the case of Brazos County, the major functions of the county benefit from the central service costs in direct proportion to the personnel involved. Therefore, we have used direct salaries and wages as our distribution base, as is suggested in OMB A -87. Furthermore, all central service allowable and unallowable costs have been determined using OMB A -87, and are thus indicated in the Cost Allocation Plan. a� 73 Vol. 1,31 Pg. z 0 c N 0 r H �a 0 U O as Vol. 13 / pg. 10 Brazos County, Texas Central Service Department Descriptions County Judge The County Judge is the Chief Executive Officer for the county. His primary duties include the following: • Residing officer of the Commissioners Court. As a member of the commissioners Court, the Judge has the same duties and responsibilities as a County Commissioner. • Liaison between State, Federal, city and other county Governments. • Actively participates in both public and private sector economic development. • Director of Emergency Management and oversees civil defense and disaster relief for the county residents. • Serves on the county Bail bond Board and the Juvenile Board, Commissioner Court The Commissioners Court, which is made up of the County Judge and a number of County Commissioners who are elected from each of the county's precincts, is the general legislative body of the County. The County Judge, who is elected countywide, presides over the full court. Together, the County Judge and the Commissioners establish policies and procedures as well as provide overall guidance and leadership to the County. County Treasurer The County Treasurer is accountable for all county monies, including payroll, taxes, payment of bills, etc. Other duties of the Treasurer include generating additional income through the investment of municipal funds and administration of the county retirement and health insurance programs. Risk Management The Risk Management Department identifies those activities in county government that may expose the county to undue losses and then recommend methods or activities that will eliminate or control the exposure. The Risk Management department usually manages the counties insurance programs and policies. The Department also works with the other administrative departments to provide personnel training and to act as the county claims department. 7s Vol. i 3°1 Pg. I I Information Technology The Information Technology Department is the County's central technology provider. This department provides the computer and business information system support required by county departments. These services include network services, systems support, application development and maintenance, and PC support. Human Resources The Human Resources Department provides quality, efficient and innovative human resources services to the employees, elected offices and departments, The Human Resources Department encourages employee development and recognition, advocates process improvement, strives to build effective communication, fosters teamwork, promotes fairness, and constantly explores creative approaches to meet the needs of County Government. They administer the County payroll system. Other functions of the Human Resources Department are as follows: • Advises Commissioners Court, elected officials, appointed department heads and employees regarding personnel issues. • Administers employment policies. • Oversees salary administration program. • Provides orientation and training programs for employees. • Ensures compliance with established PerSOmrel Rules and Regulations. • Maintains compliance with Federal and State Employment Laws and Regulations. County Auditor The County Auditor independently oversees all county offices to ensure fiscal compliance with state and Federal law as well as county policy. The county auditor aggressively administers a program of internal auditing to provide the county with a very high level of confidence that county assets are safeguarded to the highest reasonable degree. The county auditor, as the official keeper of accounts for the county, designs and administers the accounting system for all the county and maintains the highest standard of care to ensure the integrity of all accounting records and reports. Purchasing The Purchasing Department works with the County Auditor as part of the system of checks and balances to ensure the proper expenditure of taxpayer's dollars. The Department also develops policies and procedures to ensure the proper, prompt and responsive purchase of all supplies, materials, equipment, and services required or used by the County or employees of the County. 7s Vol. Building Maintenance The Building Maintenance Department keeps county buildings in proper and safe working condition and ensures all County facilities are up -to -date in appearance, efficiency, and functionality. This department maintains the heating and air conditioning, lighting, plumbing, electrical, and lawn sprinkler systems; paints offices, deals with furniture needs, repairs doors, installs and repairs locks, unlocks locks that do not have keys, supervises all janitorial services by internal and external providers, and, in general, performs all required maintenance within the capabilities of the Department. Health & Life Insurance The Health & Life Insurance Department is used to record expenditures for the employee benefit plans that have been adopted by the Commissioners Court. Budget Office The Budget Office assists in preparing the budget for all county departments. During the year the Budget office monitors the current budget and prepares any budget amendments or adjustments as needed by departments. County Records Management The County Records Management Office is responsible for providing for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all records of the county through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Local Government Records Act and accepted records management practice. n Vol. 1 3 / Pg. 13 Juvenile Department Unit Descriptions PROBATION DIVISIONS ACADEMY The Brazos County "Academy" is an alternative educational environment for students under the supervision of the juvenile court who have not been successful in the traditional school setting. The Academy's goal is to provide a quality alternative educational setting for these youths that focuses on strict discipline, behavior management, and academic achievement. The mission of the "Academy" is to enable students to perform at appropriate grade level. The Brazos County Academy accepts students in grades seven through twelve. The curriculum provided by the Brazos County Academy is governed by the American Preparatory Institute. All credit courses are correlated to meet the standards of the "TEKS" - Texas Essential Knowledge and Skills as well as those of "TAKS ".- Texas Assessment of Knowledge and Skills. Students enrolled at the Brazos County Academy are also able to participate in community service activities. Such activities may include helping keep the Downtown Bryan area clean and conducting trash pickup along Highway 21, Wellborn Road or Martin Luther King Street. Academy students are also annually involved in providing assistance during the Christmas season by sacking groceries during the "Feed the Hungry Program" in connection with various community organizations and churches. COURT SERVICES UNIT The court unit handles felony and misdemeanor referrals through the court process. Officers prepare a comprehensive social history report of the juvenile, their parents /guardians and the case itself. This report is utilized along with other information to aid the judge in determining a suitable disposition. If ajuvenile is found to have engaged in delinquent conduct, he or she may be allowed to remain at home following stringent rules of probation, be placed in a residential treatment facility, or be committed to the Texas Youth Commission. The Court Unit works with juveniles either when they first enter the system or are not already assigned to an Field Probation Officer. A Court Officer's duties include representing the department at detention hearings, conducting court investigations, placing juveniles on deferred prosecution (a type of informal probation), and supervising juveniles during the entire court process until theme is disposed. 7a Vol. Pg. T COMMUNITY SERVICE RESTITUTION The purpose of "community service restitution' is for the offender to return back to the community some of the value that was taken by the offender while committing an offense. Juveniles are ordered by the juvenile judge to perform community service restitution as a condition of their probation. Compliance is monitored by the juveniles' caseworker during the term of probation. Brazos County Juvenile Services collaborates with the Justice of the Peace Courts and with "Keep Brazos Beautiful." The department supervises community service for those juveniles referred by the JP courts. Services rendered consist of trash pickup and other related activities designed to enhance and maintain the beauty of Brazos County FIELD PROBATION UNIT Most juveniles adjudicated and placed on formal probation will remain at home under strict conditions of supervision. The Field Unit staff supervises those juveniles on formal Erobation. Juveniles can be placed on formal probation ranging anywhere from 6 months to their 18 birthday. When a juvenile has been declared delinquent, the court sets the rules of probation. The juvenile department's Case Management System, Progressive Sanctions Guidelines, and a Risk Needs Assessments determines the level of supervision, restrictions to be imposed, and specific programming and related interventions for each youth. Probation officers maintain frequent contact with their assigned juvenile, monitor compliance with court- ordered conditions, and act accordingly when violations occur. The scope of a probation officer's job is comprehensive and contains the opportunity to make a positive difference in a child's life. While under supervision, the juvenile is subject to drug testing, curfew inspection at home and at school, performance of community service restitution, and payment of probation fees and any ordered restitution. FIRST OFFENDER PROGRAM The goal of the First Offender Program is making a child's first criminal offense his or her last offense. The First Offender Program allows juveniles and their families to find positive solutions to problems which occur at school, home, or in the community. The emphasis of the program is on problem solving in a manner beneficial to all parties. Most First Offenders will come in for a formal intake involving the probation officer, parents, and child. The parents are given materials explaining the juvenile justice system and the rules of confidentiality. Participants discuss the child's school progress and family dynamics. A psychological profile of the child is developed using the Massachusetts Youth Screening Instrument (MAYSI -2) and parents are referred to agencies such as the STAR Program, Child Protective Services or MHMR as needed. Families are also provided contact information for staff to ensure continuity of services. Some juveniles will participate in the "Six Steps For School Success" Program. This program was created to work with clients who, for whatever reason, do not attend school on a regular basis. The re t VOL - 1_3� Pg. 15 juveniles who attend this program are usually first time offenders. Topics covered are: learning styles, makes life connections to education, learning about truancy laws, goal setting and finding out consequences for not going to school. The parents are given information on truancy laws, parental involvement in school, and rights and responsibilities as a parent. " htervention Days" are also used in the First Offender Program. These sessions are held on Saturday's at out local Academy. In this setting juveniles experience a regimented, disciplined, eight -hour day of military style drill and conummity services activities. The First Offender Program activities focus on finding realistic means of eliminating behavioral problems and improving communication. HEALTH SERVICES Medical Health services for residents are provided by a Licensed Vocational Nurse hired by the department. Emergency care and medical intervention requiring a physician are provided by a contracted physician on an as need basis. INTENSIVE SUPERVISION PROBATION (ISP) Intensive Supervision Program (ISP) is imendedto divert high -risk youths from committing further delinquent acts, and to redirect their lives in a more positive, pro - social orientation through a program of close supervision and rehabilitation. ISP officers supervise an caseload consisting of at- risk juveniles with felony referrals. The ISP officers conduct after hour curfew checks on juveniles under ISP. This helps to minimize the number of juveniles on abscond status, reduce juvenile delinquency, decrease the number of unsuccessful probation discharges, and increase accountability for juvenile offenders. Juveniles ordered into the program sign a contract consisting of four phases. To complete a phase the juvenile has to follow all rules before they can advance to the next phase. Their assigned probation officer closely monitors progress throughout the phases. The ISP Unit has two full time Surveillance Officers who are responsible for assisting with field checks and maintaining surveillance equipment. The majority of their time is spent in the field ensuring juveniles are in compliance with their probation rules. JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM (JJAEP) In 1995, the Texas legislature established the concept of juvenile justice alternative education programs (JJAEP). This legislation mandated a separate educational setting to ensure safe and productive classrooms through the removal of dangerous and /or disruptive students and to address the issue of expelled youth receiving no educational services during the period of expulsion. Prior to the creation of JJAEPs, disruptive and dangerous students either remained in the classroom or were expelled to the street. 80 VOL- 1 !! _ Pg. ) (P This programprovides educational opportunities for those juveniles being expelled for a mandatory felony offense. Juveniles may also be court ordered into this program as a condition of their probation. The JJAEP program operates simultaneously with the Academy program. PAROLE UNIT Brazos County has a contact with the Texas Youth Commission to provide parole services to TYC clients on parole and residing in Brazos County. Parolees are usually on supervision from the time they leave TYC until their 21st birthday. Parolees are required to attain a high school diploma or GED, find and maintain gainful employment, obey all conditions of parole, and refrain from committing delinquent acts. PLACEMENT UNIT Brazos County Juvenile Services has three probation officers that make up the placement unit. These officers oversee a specialized caseload of juveniles who have been court ordered to a residential treatment facility by a Brazos County Judge. A child who is ordered to residential placement is first screened by a staffing committee, which consists of managers and supervisors within the department. The staffing committee refers the child to a residential facility, which will offer a unique program designed to fit the specific needs of the particular child being placed. The placement officer's duties include, but are not limited to, transporting children to and from placement, monitoring and enforcing court orders, preparing case plans, and conducting frequent reviews to measure the child and family's progress while in treatment. The placement officer maintains frequent contact with the child, family and placement staff by making regular placement visits, home visits, office visits and numerous telephone calls to all parties involved. PREVENTION SERVICES The Prevention Unit is responsible for diverting children deemed to be "at- risk" to commit delinquent acts away from committing such delinquent acts. This difficult task is accomplished primarily by working closely with both parents and their at -risk children. Interventions include such activities as Crisis Intervention Conferences in which the parent and child meet together with a Prevention Specialist to discuss the at -risk behavioral issues being displayed by the child either at school, or at home. A plan delineating ways to eliminate such behaviors is devised and agreed upon by all parties. During these parent -child conferences, conditions of juvenile probation are discussed and Prevention Specialists inform the youth about the possible legal consequences of continuing to engage in at -risk activities. The Prevention Unit staff also works closely with the public schools in Brazos County focusing on delinquency prevention. Prevention Specialists spend the majority of each day in the schools counseling at -risk children, educating students, teachers, and administrators on juvenile justice issues, and serving as a liaison between the juvenile department and the schools districts. 81 Vol. 13 � pg 1 ­7 Prevention Specialists spend time each day in various class rooms discussing a power -point presentation designed for young people ages 9 -16 that addresses many of the issues affecting children today. Such issues include, but are not limited to, truancy prevention, delinquency prevention, and the procedures and conditions of juvenile probation. PSYCHOLOGY ASSESSMENT AND COUNSELING UNIT Juvenile services offer comprehensive mental health services with a licensed associate psychologist /professional counselor (LPA /LPC) and a licensed clinical social worker (LCSW) on staff. The department also has a bachelor's level mental health professional who provides crisis intervention services and group counseling services in the detention center as needed. In 2005, a doctoral student studying school psychology worked with the associate psychologist and assisted with some bilingual psychological evaluations and other necessary testing. Also in 2005, the department began a contract with a local PhD psychologist to provide clinical supervision for the associate psychologist in order to provide the best possible clinical evaluation services for the juveniles of Brazos County. The primary duties of the associate psychologist include conducting and writing psychological evaluations as requested by the court and probation officers. In 2005 alone, the associate psychologist completed 85 evaluations. These evaluations as well as assessments thatwere referred to clinicians in the community provided the probation department extensive information regarding a child's personality, intellectual, drug use and emotional functioning. Such information is needed for adequate supervision, effective case management, and decision making by juvenile probation officers and the court. Other tasks assigned to the Psychology and Counseling Services Unit include the provision of individual, group, and family therapy conducted by the both the LPA/LPC and LCSW on staff. Therapy is provided free of charge and is often ordered as part of a child's conditions of release from detention or conditions of probation. Counseling addresses the child's problematic behaviors, skills training, family dynamics, and anger management. The detention center counselor provides group psycho - educational counseling mid crisis intervention counseling as needed in the detention center. As mandated by the probation commission, Juvenile Services administers the MAYSI to all juveniles at intake. This instrument is a brief screening tool that helps indicate any potential problems in referred youth in terms of anger, traumatic experiences, thought disturbances, and suicidal ideation. If "red flags" are indicated on the instrument, the detention center counselor or the LPA/LPC and LCSW then conduct a subsequent brief assessment as needed. Part of these assessments includes screening for suicide risk. TRAINING AND PERSONNEL UNIT The purpose of the Training Supervisor is to screen employment applicants and to maintain certification documentation for all detention and probation officers within the department. The Training Coordinator also seeks to identify the training needs of the department and meet those 82 VOL- 131 pg AW needs by providing training to the department with emphasis on utilizing staff that are designated and trained as trainers for the department The Brazos County Juvenile Probation Department collaborates with the counties in the South East Chiefs Association by sharing resources and training opportunities. This allows the department to save money on training. VICTIM ASSISTANCE UNIT Victim's assistance is designed to aid citizens when they become victims of juvenile crime by ensuring that every victim receives and understands their rights in the court of law. The injured party, in all referrals that come through the department, is identified and sent a victim impact kit. The victim impact kit contains two forms: the information sheet and the impact statement. Filling out and returning these forms to the department assure the victims assured of having their side heard by the court. VOLUNTEERANTERN PROGRAM In late 2005 the Brazos County Juvenile Services began an organized volunteer /intern program. For the year we had 2 interns from Blinn College that each worked 300+ hours. The intems participated in every phase of this department. They observed court, went to placements, rode with surveillance officer, filed, observed school visits, office visits, and assisted with departmental programs. It is the goal of Brazos County Juvenile Services Department to afford our volunteer /interns a positive learning experience during their time with the department. The department presently has 10 volunteers that provide faith based religious programming in our detention facility. Volunteers and interns are also utilized in the Brazos County Academy as tutors. Presently the department is working towards creating a comprehensive mentoring program. 83 Vol. I s / pg. I oil L W 'C w C F. �m z UUa �w >z c rc �c 0 v n 0 3 m 84 Vol. 3 pg. a2V 1- Vol. 131 P. �� _- ), «. Gi }\ } , : ;_ HIN - ;!a !!! - _ - ) _- !�!!/ 1- Vol. 131 P. �� F Vol. 139 Pg. d2 m e 5 FI I I I Ca'f „� „a ry - m m- N P .-o °o tbT. m 7 I �- I - a` K wqc O° e a o 5o s 8$ 6 22 ta m m - r es E S UP k c _ F Vol. 139 Pg. d2 m - ,iz, : � - |)\) \ / \ /) Vol. 131 P. �� | . \ / \ /) Vol. 131 P. �� Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective Services g August 2010 County Legal Services Contract Summary County., Brazos Count Contract Number: 23380017 Budget Effective Date: 10/1/2010 Estimated Total Total Anticipated Total Anticipated Cost Cate or g y Expenses Allocable to Federal. County Title IV -E Reimbursement , Match A. 'Administration A.1. Direct Personnel Salaries $154,847.00 $30,861.01 $123,985.99 A.2. Direct Personnel Fringe Benefits $54,158.22 $10,793.73 $43,364.49 A.3. Direct Personnel Travel $200.00 $39.86 $160.14 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.S. Direct Equipment $0.00 $0.00 $0.00 A.B. Direct Other Costs $5,500.00 $614.95 $4,885.05 Total Administration $214,705.22 $42,309.55 $172,395.67 B..:Training B.1. Title ME Training 75% $1,199.00 $477.92 $721.08 B.2. Title IV -E Fostering Connections Training 65% $0.00 $0.00 $0.00 B.3. Non -Title IV -E Training 50 %, $0.00 $0.00 $0.00 Total Training $1,199.00 $477.92 $721.08 C. `Indirect Costs (if applicable) Total Indirect Costs $0.00 $0.00 Grand Total: $215,904.22 $42,787.47 $173,116.75 `Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) 39.860% during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. 6.820% Indirect Cost Rate, if applica le (attach a copy of the approved Certificate of Indirect Costs): Contractor Certification q/2///o Signature Date Randy Sims County Judge Printed Name & Title Vol. 13 Pg.�_ V "�•''' T V' 7 d 0 0 C j U to a CD O Efl N d p O:N ul ti F L O = ti i d ow N: 'C -. o p U p o Eq 'A M CR d Q d. fN`0 N N __ ._N. _._. ....... _.. ..,._ 7 T fA ER p U ......d 6% N ' U � Z G V O v N � •3 6 v It7 O O O O r Q: O Vol. — P9. C2 5 "�•''' T V' 7 0 0 0 W (D In a CD O Efl O 64 O 64 ul ti V N M N (0...N .M N __ ._N. _._. ....... _.. ..,._ fA ER 69 6% N 6 CO It7 O O O O N Cn (D O O O O . 'm t 15 M CV d' O C) O p d: w W C a 0'° 19 E d x o N N O O O O O O O - O 'O 0 0 0 0 C. C m O co rn O 0 C) t- N p O N N CA T r 61> 64 69 d' co x W. y co (Ni � to x ti} 69 7 64 � N N w o R d) C N � � A � U a .yc -: a N N N N N c 3 D N Z 0 d C o = G y N E ..c.. o W mw.v � a 0 0 o api (D CU O,Q T ` 0 O °o M N U y O N C Q T pMppp tr I- 0 i > It ld N OC = d C c0 d CO o co 0 w U- > w N N cn j C '.E. E F C ty Q O h O N N J (mac 'o d C O N= J N U N N Q O V O C g m a a > .N ca cc C N 0 0 CL d 0 OQ cc ]--I Y d Z s Vol. — P9. C2 5 Texas Dept. of Family and Protective Services Budget for Title IV -E _County Legal Services Contract _ Form 2030GLIVE August2010 Administration A.2. Di rec t Personnel Fringe Benefits County: Brazos Count Contract Number: 23380017 Bud et Effective Date: 1011/2010 Type of Fringe'Benefits -. ... Estimated ,Total Expense' Anticipated Federal Reimbursement (estimated EPR x 50% FFP Anticipated County Match FICA - 7.65 % 154847/12 =12904 $2,360.88 $9,484.99 Workers Comp 0.144% 44.44 $178.54 Retirement 11.93% M$23 $3,681.74 $14,791.62 Medical & Life Insurance $7752/ erson /annual $4,634.92 $18 621.08 Dental $120/ erson/annuall $71.75 $288.25 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 $0.00 $0.00 Total Direct Personnel Fringe Benefits $54,158.22 $10,793.73 $43,364.49 'estimated total cost for Title IV -E related activities Note: Please refer to Title ME Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps. state. tx. us / handbooks /Titie_IVE_County /default.jsp Vol. 13 Pg. C;'I 41 Texas Dept. of Family Budget for Title IV -E Form 2030CLNE and Protectve Services g August 2010 _ County.,L_egal Services Contract Administration A.3. "Direct Personnel Travel county: Brazos Count Contract Number: 23380017 Bud et Effective Date: 10/11/2010 Type of Trav el. Expense Note: only Include travel NOT related to personnel ` training Estimated - Total Expense' . - - - Anticipated Federal Reimbursement (estimated EPR - x 50°% FFP `- Anticipated County Match Mileage to and from court locations $200.00 $39.86 $160.14 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Personnel Travel $200.00 $39.861 $160.14 "estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps.state.tx. us /handbooksfTitle_I V E_Cou my /def au lt.jsp Please refer to the Texas State Comptroller's office for current mileage rates. httpsJ /fmx epa state tx us /fmx/ travel /textravel /trans /personal.i)hp Vol.----, 3j— pg, a Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective SeMcea August 2010 County_Legai Services Contract Administration A.6. Direct Other Costs County: Brazos County Contract Number: 23380017 Budget Effective Date: 101112010 Other CO S15 (description and basis of cost) Estimated Total Expense` Anticipated Federal.. Reimbursement (estimated EPR ... x 50% FFP) Anticipated County Match May include non -IV -E training $0.00 $0.00 Court Report Transcripts $1,000.00 $199.30 $800.70 Citation of Publication $500.00 $99.65 $400.35 Conference & Seminar Fees $500.00 $99.65 $400.35 Publications based on library ex s divided by 16 $1,0 00.00 $199.30 $800.70 Commercial copying of records $500.00 $0.00 $500.00 Expert Witnesses $500.00 $17.05 $482.95 Interpreting Fees $500.00 $0.00 $500.00 Mediation Fees 1 000.00 $0.00 $1,000.00 Total Direct Other Costs $5,500.001 $614.951 $4,885.05 `estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed Information regarding allowable expenses, documentation requirements, etc. httpl /www.dfps. state. tx. us / handbooks /Title_IVE_Counly /default.jsp Vol. O pg• 0� 9 °o ai rn d N F- 0 0 0 co c 0 O co o E N 0 Y c 0 E CD 6 d c 0 R c d U O V N N c a X 0 0 m 0 Ki c O 01 0 0 co `o 0 c •N• N (6 ro ro O 0U o o I W v > � I ok cO 0 U- O W -c >co L N N O o N N Q N 'D 0 i Q Z t d m Ym A O m oo o °o o °o• o, Fh °o ai rn d N F- 0 0 0 co c 0 O co o E N 0 Y c 0 E CD 6 d c 0 R c d U O V N N c a X 0 0 m 0 Ki c O 01 0 0 co `o 0 c •N• N (6 ro ro O 0U o o I W v > � I ok cO 0 U- O W -c >co L N N O o N N Q N 'D 0 i Q Z t y m oo o °o o °o• o, c N ° rn °ffY °Hi °fA 69 (04 d u 'o f9 W C c O N Df `. 6 C o N e E c',a�+ E u. L S m o °o c ` O) O E9 63 Q. 69 E .+ 0 a 0 W Lo y3 > U Of d W. 0-0 a V = Ci ac v Co •j 'R N O '.O d ,, N a N U, Y3 63 C m r p i a a U U O 7n 0 N M GW rn E O �1 N _ C N> � fG rn —d 79 t9 e o 0 ~ o o:a� o o aii .d cc E O ff" o v — O N W � c .�L. 0 d a � m i= •� v L LL N cT) m •C G N U_ C F :a E •RS o LL a Lw O U oa / Vol. L_— Pg. °o ai rn d N F- 0 0 0 co c 0 O co o E N 0 Y c 0 E CD 6 d c 0 R c d U O V N N c a X 0 0 m 0 Ki c O 01 0 0 co `o 0 c •N• N (6 ro ro O 0U o o I W v > � I ok cO 0 U- O W -c >co L N N O o N N Q N 'D 0 i Q Z t Texas Dept. of Family and Protective Services Budget for Title IV -E Services Contract Budget Narrative Contract Number: Form 2030CLIVE August 2010 Clearly describe each expense to be incurred and billed to this contract, including justification for expense. Refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps. state. tx. us / handbooks /Titie_IVE_County /default.jsp Administration expenses for all personnel directly working on CPS related cases allocated by time spent Benefit expensed for all personnel directly working on CPS related cases allocated by time spent to and from court locations that are not located at courthouse Court cost expenses directly related to CPS cases Training Against Children Conference indirect Costs (if applicable) Vol. 139 Pg. Texas Dept of Family Risk Analysis Questionnaire Form zoos Y and Protective Services Contract Name: Commissioner's Court of Brazos County CorithacfNumber: 23380017 ____.,,, - FY 2011 Please provide the person's name and number to contact if additional information is needed: Megan Conkel 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 Contract Number Payment Type Attached is a copy of the schedule of expenditures for Federal and State awards for the year endinq September 3, 2009 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 Ell year ❑ 2 years ❑ 3 or more years OR No Audit completed 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 /leaselservice 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 abov Non - compensated services Non - routine and non- recurring services Consulting or Management services Building /Leasing Transportation Labor For - profit affiliated with non - profit Owned /operated by same or related entity RAI Factor #10 a- mentioned parties for the following? ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No Vol. 139 Pg. 21 Texas Dept of Family Risk Analysis Questionnaire FMorm 9105 ay 2009 and Protective Services 4. The percentage of total expenditures paid out to Subcontractors in a fiscal year. ® 0% ❑ 20% or less ❑ 21 % to 40% ❑ More than 40% RAI Factor #6 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 ❑ Director, President or Equivalent 70 Financial Officer, Business Mgr, etc.) Program ❑ Director, Program Coordinator or Equivalent RAI Factor 46 Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs 6. Total Contractor Experience At least 2 years with fiscal or programmatic components of federal and /or state contracted programs At least 2 years with fiscal or programmatic components of federal and /or state contracted programs At least 2 years with fiscal or programmatic components of federal and /or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and /or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and /or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and/or state contracted programs 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 07 �j 2 Vol. 13 / pg. 3A . ... .. .. . .. .. . .. . . . . . . . . .. .. � . . .. . ))� /) \ ]�! - )\! )$\ � �!• ! )\\ �`| `!f \it !> «!! •• V! 13 p. �� voi. 13 q pg. `� rc � E RRW �c a - - R l a <�Y+ Ed yyw �JfS• yvy6 F u - �DW me< eeee eew�� =ee�e BU i a s o. a p �5 F a � F < Y o c• W W W > PS IIl q O .yL Ih s 'oo .•3 F � i h o �y a wuFi� SF F r w ` � voi. 13 q pg. `� w _ � a e e" 2 v n a — �q °a � O o F] 4 a a n .n �-eJr mSc ss "a°SeSoS°Sg °o2;1 2g ;I a4s §gasasa «q8 ?8S8ragaaasa�a a a '- s< r e r o? Q N e a e 2 e w c� Q 6 e d e x o x Q x o s 6 LL x a a a a a a a < a a a a a a a < a a x 3 E E a � y tle yy N c c x 6 2 o � H 165 von. 3 pg. 3 S FIRST AMENDED AGREEMENT FOR DEVELOPMENT AND TAX ABATEMENT IN REINVESTMENT ZONE NUMBER TWENTY THREE (23) FOR COMMERCIAL TAX ABATEMENT, BRAZOS COUNTY, TEXAS STATE OF TEXAS § BRAZOS COUNTY § This Agreement entered into by and between BRAZOS COUNTY, a political subdivision of the State of Texas„ acting herein by and through its duly elected Commissioners Court, (hereinafter referred to as "COUNTY "), and TOYO INK INTERNATIONAL CORPORATION, a Delaware corporation (hereinafter referred to as "OWNER"). WITNESSETH: WHEREAS, the City Council of the City of Bryan, Texas, on the 2e day of April, 2007, by ordinance established Reinvestment Zone Number Twenty three (23) for Commercial Tax Abatement, City of Bryan, Texas (hereinafter referred to as "Zone ") as authorized by CHAPTER 312, TEXAS TAX CODE; and, WHEREAS, in order to provide for the proper development of such property and to aid in the conduct of the operation thereof to the best interest of the COUNTY, in accordance with the above- referenced ordinances and statute, the parties entered into an agreement for development and tax abatement for nine years, beginning in 2007; and, WHEREAS, after complying with the initial requirements of the agreement, the COUNTY and the OWNER expressed an interest in expanding the scope of work to be performed on the property in exchange for enlarged tax abatement incentives; and, WHEREAS, in order to further encourage the development of such property and operation, the parties do mutually agree to amend the agreement as follows: Vol. 13 9 Pg. J `r 1. The real property on which the real property improvements, personal property and equipment to be abated pursuant to this Agreement will be situated is a tract of land consisting of approximately 22.05 acres of land, and being more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes, (herein the "Property "). The location of the exiting real property improvements and the proposed real property improvements is shown on the plan attached as Exhibit 'B ". The real property and all improvements constructed thereon will be hereinafter referred to as "the Premises ". 2. All of the following obligations of OWNER form the consideration for COUNTY entering into this Amended Agreement: a. OWNER'S construction of a manufacturing space on the Property with a minimum size of 50,000 feet, representing a capital investment in real and personal property of at least $20,000,000, and to be completed on or before May 31, 2008. OWNER's completion of approximately 20,000 square feet of new production and warehouse space, representing an additional capital investment in real and personal property of at least $6,000,000, and to be completed on or before December 31, 2012. b. OWNER'S commitment to install equipment and personal property at the Property as shown in the attached Exhibit "C" and made a part hereof for all purposes. OWNER's commitment to install additional equipment and personal property at the Property as shown in the attached Exhibit "C -1" and made a part hereof for all purposes. 2 Vol. 13 I pg. 31 C. OWNER's commitment to employ on the Property at least forty (40) full time regular employees having a gross annual payroll of $2,000,000.00 by December 31, 2012, and to maintain such employment levels and payroll for the duration of this Agreement. 3. OWNER agrees to construct all improvements in accordance with all applicable laws, ordinances, codes, rules, requirements or regulations of Brazos County, the City of Bryan, the State of Texas, and the United States, and any subdivision, agency or authority thereof in effect at the time of development. 4. OWNER agrees that the site plan, exterior design drawings, specifications and materials (hereinafter referred to as "Plans') for the improvements will be submitted to COUNTY for approval, which Plans are incorporated herein for all purposes. An official set of Plans will be designated by the OWNER and kept on file with the COUNTY. 5. OWNER shall keep the Premises insured against loss or damage by fire or any other casualty at full replacement value by purchasing insurance. OWNER shall furnish the COUNTY's Risk Manager with a certificate of insurance, evidencing such coverage. 6. OWNER shall submit written notice to COUNTY within ninety (90) days after the Premises are materially damaged by fire or any other casualty. The notice shall either set forth the dates OWNER will commence and complete the repair, remodeling or renovation of the damaged Premises or state that OWNER will not undertake such repair, remodeling or renovation. If OWNER notifies COUNTY that it will not undertake repair, remodeling or renovation of the damaged Premises, or if OWNER fails to complete the repair, remodeling or renovation by the completion date set forth in OWNER's notice to COUNTY, then COUNTY shall terminate this Agreement and COUNTY shall recapture from OWNER all property tax 3 Vol. 1 C 1 pg. 3F revenue COUNTY has lost as a result of this Agreement as required by §312.205(a)(4), Texas Property Tax Code. 7. OWNER agrees to provide COUNTY and its designees access to the Premises during regular business hours throughout the term of this Agreement for the purposes of inspection and examination of books, records, construction, workmanship, materials, and installations to determine that OWNER has complied with any requirement of this Agreement. 8. OWNER agrees to limit the use of the Premises consistent with the general purpose of encouraging development or redevelopment within Reinvestment Zone No. 23 while partial abatement of ad valorem taxes is in effect pursuant to this Agreement. 9. OWNER represents and warrants that no member of the Brazos County Commissioners Court has an interest in the Premises and that the same are.not owned or leased by any member of the Brazos County Commissioners Court. 10. OWNER agrees that COUNTY assumes no liability or responsibility by approving plans, issuing building permits or making inspections in the event there is a defect in the improvements constructed on the Premises. The relationship between COUNTY, OWNER, and any taxing unit shall not be deemed to be a partnership or joint venture for purposes of this Agreement. 11. OWNER shall indemnify, hold harmless and defend COUNTY, its employees, officials, and agents from and against any and all obligations, claims, suits, demands and liability or alleged liability, including costs of suit, attorney's fees, damages, judgments, or settlements and related expenses arising in any manner from OWNER's construction, use and operation of the Premises, provided, however, that OWNER shall not be required to indemnify and hold COUNTY harmless for injury or harm caused by COUNTY's negligence or willful misconduct. G Pg. 39 12. OWNER agrees to pay all ad valorem taxes and assessments (except as abated pursuant to this Agreement or otherwise exempt) owed to COUNTY prior to such taxes and /or assessments becoming delinquent. OWNER shall have the right to contest in good faith the validity or application of any such tax or assessment and shall not be considered in default hereunder so long as such contest is diligently pursued to completion. In the event that OWNER contests such tax or assessment, all uncontested taxes and assessments shall be promptly paid to COUNTY prior to delinquency. If OWNER undertakes any such contest, it shall notify COUNTY and keep COUNTY apprised of the status of such contest. Should OWNER be unsuccessful in any such contest, OWNER shall promptly pay all taxes, penalties and interest resulting therefrom. 13. OWNER agrees that a default occurs if: (i) OWNER does not maintain the Premises in good condition, wear and tear excepted; (ii) OWNER fails to repair, remodel or renovate any material damage or destruction of the Premises as provided for in Section 6 above; (iii) OWNER fails to use the Premises for the purposes contemplated by this Agreement or allows the same to become vacant; (iv) OWNER does not pay all non - abated taxes in the manner required by Section 12 hereof, (v) OWNER fails to comply with all applicable statutes, administrative regulations, or ordinances of the United States, the State of Texas, County of Brazos, and/or the City of Bryan governing the operations or maintenance of the Premises or the conduct of OWNER's business in Bryan, Texas; (vi) OWNER fails to perform its obligations under Section 2a., 2b. or 2c. of this Agreement; or (vii) OWNER fails to comply with any other duty or obligation arising under this Agreement. COUNTY shall notify OWNER in writing of such default, and OWNER shall have thirty (30) days after receipt of such written notice, to cure any default, if the default can be cured. If OWNER fails to cure such default, or if OWNER's E Vol. 131 Pg. 4o default can not be cured, COUNTY may, at COUNTY's sole option (except as to a default defined in (ii) above, which shall be governed by Section 6 of this Agreement) require OWNER to pay the current year's taxes in full or COUNTY may terminate this Agreement and recapture from OWNER a sum of money equal to all of the tax revenues COUNTY has lost due to the partial abatement of taxes on real property improvements, personal property and equipment from the inception of this Agreement. The remedies listed in this paragraph shall be in addition to any other remedies that COUNTY may have, both legal and equitable. 14. OWNER agrees to submit to COUNTY, and to each taxing unit in whose jurisdiction the Premises are situated, no later than February 1 st of each year during the term hereof, a Statement of Compliance in the form attached hereto as Exhibit "D" indicating that OWNER has or has not completed the improvements on the PREMISES in accordance with the Plans or revised plans and further indicating that OWNER has or has not complied with each applicable provision of this Agreement. 15. This Agreement shall be for a term of nine (9) tax/calendar years, unless sooner terminated. COUNTY hereby grants to OWNER, a partial exemption from ad valorem taxation as set forth in this Section, subject to all of the terms and conditions contained in this Agreement.. The partial exemption from ad valorem taxation of real property improvements, personal property and equipment during each tax year covered by this Agreement shall be computed by taking a percentage of the increase in value of the Property and the Premises on January I" of each tax year over the value on January 1st of 2007, which is the year this Agreement was originally executed by OWNER and COUNTY. The partial exemption percentages are as follows: 0 Vol. 139 Pg 4-1 Tax Year Percentage of Increased Value over January 1 2007 Value to be Abated Year 1 (2007) 0% Year 2 (2008) 70% Year 3 (2009) 60% Year 4 (2010) 60% Year 5 (2011) 40% Year 6 (2012) 50% Year 7 (2013) 20% Year 8 (2014) 30% Year 9 (20 15) 10% For purposes of this Section, the value of the Property was $189,000.00 on January 1, 2007. For purposes of this Section, the personal property and equipment to be abated had a value of $0.00 on January 1, 2007 because it was not situated on the Premises on that date. 16. Miscellaneous a. Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective while this Agreement is in effect, such provision shall be automatically deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of such deleted provision, there shall be added as part of this Agreement a provision that is legal, valid and enforceable and that is as similar as possible in terms and substance as possible to the deleted provision. b. Texas law to apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas and the obligations of the parties created hereunder are performable by the parties in Brazos County, Texas. Venue for any litigation arising under this Agreement shall be in a court of appropriate jurisdiction in Brazos County, Texas. 0 Vol. 139 Pg. 4A C. Sole Agreement. This Agreement constitutes the sole and only Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and supersedes any prior understandings or written or oral agreements between the parties. d. Amendments. No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and duly executed by the parties hereto. Any proposed amendment, modification or alteration shall be provided to the Bryan City Council and to the Bryan Independent School District for review and comment prior to adoption by the Commissioners Court of Brazos County. C. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any and all other legal remedies. Said rights and remedies are provided in addition to any other rights the parties may have by law, statute, ordinance or otherwise. E No Waiver. COUNTY's failure to take action to enforce this Amended Agreement in the event of OWNER's default or breach of any covenant, condition, or stipulation herein on one occasion shall not be treated as a waiver and shall not prevent COUNTY from taking action to enforce this Amended Agreement on subsequent occasions. g. Assignment. OWNER shall not assign this Agreement without the written approval of the Commissioners Court of Brazos County. A change in ownership of a majority of the stock of OWNER is an assignment for the purposes of this paragraph. An assignment to a subsidiary or affiliate company of OWNER shall not be prohibited under the section. If OWNER assigns this Agreement without written approval of the Commissioners Court of Brazos County, this Agreement shall terminate immediately and the partial abatement of taxes on personal M Vol. 131 pg. T3 property and equipment provided for herein shall cease from the data such unauthorized assignment occurred. h. Notices. COUNTY and OWNER hereby designate the following individuals to receive any notices required to be submitted pursuant to the terms of this Agreement: CITY City of Bryan, Manager P.O. Box 1000 Bryan, Texas 77805 -1000 COUNTY Brazos County, Texas Randy Sims, County Judge 300 East 26"' Street Bryan, Texas 77803 OWNER Toyo Ink International Corporation James A. Honda, General Counsel Toyo Ink International 300 Frank W. Burr Boulevard 7`h Floor Teaneck, NJ 07666 Bryan Independent School District C. David Stasny, President —Board of Trustees c/o Mike Cargill, Superintendent 101 N. Texas Avenue Bryan, Texas 77803 The parties hereto have executed this Agreement in duplicate originals, each of equal dignity. Each party has stated the execution date below the signature of its authorized representative. If the parties sign this Agreement on different dates, the later date shall be the effective date of this Agreement for all purposes. ATTEST: BRAZOS By: y�Io ounty Clerk, Karen Me ueen Coun=Ju , Randy S ims ATTEST: TOYO I ERNATIONAL CORPORATION By: Fusao Ito, President Pi von. 13q pg. LH r I p pledger Kalkomey, Inc. K Consulting F.,ngineers BRYAN BUSINESS COUNCIL. INC (22.050 ACRESI ALL THAT CERTAIN TRACT OR PARCEL OF LAND lying and being situated in the William S. Stewart Survey, A -220 in the City of Bryan, Brazos County, Texas, and being a part of the called 329.1964 -acre Bryan Business Council, Inc. (formerly Bryan Development Foundation, Inc.) tract recorded in Volume 652, Page 339 of the Official Public Records of Brazos County, Texas (O.P.R.B.C.) and being more particularly described as follows: COMMENCING at a 1/2" iron rod found in the east line of Harvey Mitchell Parkway (F.M. 2818) at the southwest comer of Lot 4, Block 6 of the Bryan Industrial Park, Phase II as recorded in Volume 847, Page 403 (O.P.R.B.C.) and the northwest comer of Lot 5, Block 6 of said subdivision; THENCE along the east line of Harvey Mitchell Parkway S 5 016'38" W, pass at 289.31 feet a bent 3/4" iron pipe at the southwest comer of said Lot 5 and the northwest corner of the remainder of said Bryan Business Council trac4 a total distance of 779.33 feet to a I /T' iron rod set for the northwest comer of this tract and the PLACE OF BEGINNING; THENCE into said Bryan Business Council tract S 84 043'22" E, 726.00 feet to a 1 /T' iron rod set for the northeast comer of this tract; THENCE through said Bryan Business Council tract S 5 016'38" W, 1323.00 feet to a 112" iron rod set for the southeast corner of this tract; THENCE continuing through said Bryan Business Council tract N 84 043'22" W, 726.00 feet to a 1/2" iron rod set in the west line of said Bryan Business Council tract and the east line of Harvey Mitchell Parkway for the southwest corner of this tract; THENCE along the east line of Harvey Mitchell Parkway N 5 01618" E, 1323.00 feet to the PLACE OF BEGINNING containing 22.050 acres. Surveyor Certification: 1, John E. Pledger, III, Registered Professional Land Surveyor, do hereby certify that this survey was this day made on the ground of the property legally described hereon and is correct, and that there are no discrepancies, conflicts, shortages in area, boundary line conflicts, overlapping of improvements, easements or rights of way, except as shown hereon. This survey was performed in connection with the transaction described in G.F. No. 145202 of Brazos County Abstract Company. Use of this survey for any other purposes or by other parties shall be at their own risk and the undersigned surveyor is not responsible for any low resulting therefrom. �F1rt�C oh F.. Pledger, III February I, 2007 istered Professional Land Surveyor No. 2183 W.O. No. 20008 S: a Wofc Ordms1W0 20010 BBC- T0WSURV64 LW1 De eriptionITOr022.050 ec¢sA. Page I oil P.O. Box 1736 (778341736) • 1600 South Day Street • Brenham, Texas 77833 • (670) B36-6631 Vol. 139 pg. qa-- 22.050 acres n 960,498 S.F. -• 1/� 3 ` vY Im: ROCK 6 Port called 329.1964 acres N VoWne 652, Pepe 339 .t vR 9ryon Inays Srlol P. h , o II \ „ uw art ror r 4B3 voun 847. iUl a (P aP.R.B.C., (•I N ry,nCItR6 'L.aC 5 P h e Im, wLIX 5 �� n r� rnwn r,RrrIW tIBCRTV W 9 ! NI � P r.RwA r,ri i �nr G���1 '�• � y IW[9 rat .n j jl i�V .yr..� k♦ �f l a £s�+- Ssi\ S R4•eo,mn. � __ d.. �.� ... w�✓�. �i�...�`%'4F. 22.050 acres n 960,498 S.F. -• 1/� 3 ` Bryon Business 291964, Inc Port called 329.1964 acres M V VoWne 652, Pepe 339 .t �p (O.P R.H.C.) h , o II / ®Nr 84.43'22' W 726.00;s Omer Inf eo otbo Bryon 3 Bryan Ooanc4, Inc. formwly FNyan Development Foxldatlon, bc, VoLvw 653, pogo 339 / Orriolal RbIll Records of 5raros O r N, Togas Title Gommltment Hotel: Erazoe Oo14y Abstract eompwg G.F. No. 145202 Bloc. The Goy of Erym Right -PI19 Easement ra,an I d b Volans 144, page 42 (D.RH.0) does rot appear to pertain N this tract f3 ®b ai tlewtig Is the .1th Me of a f) IMUStria] FwR. phase 11 as recorded h Vakm a 641, page 403 (OPRB.0) Fla 51ata"s h TMs Vat duos not appear to lie HUI, a deslgated Hood hozwd area par onch FFlood Hared Study doted Avgwk 2002 performed by t helll I 5"'Yor Oertlflcatlon, I E. Hedger, III, Registered Frafecsl —I toad j�rveyw, do herebg carboy that this savoy was this day made o the grow'd of the property legally dex147ed horses and Is correct, and that there are no dwcrepo�cias, conflicts, shortages N wee, b,,dwy Ilae cwifikts, wvrlapphg or Improvements, easements or rights of wag, except 05 shown harem Use of NB surveg for any other pwTaosos or by otter parties shot] be at their own rbh wd the urde signed szrvayw is not responsible far "lass rewltiog thorafrom. \ P1 Land xsvapr No, 2165 Vol. IN LAND TITLE 5UR\/EY 22,050 acres William S, Stewart 5urvey, A -220 City of Bryan, Brazos County, Texas It P M. Pledger Kalkomeyt Inc. K Consulting Engineers 7020 eeYal^ Rue - Brys ,Toss 77808 979-731 -8000 • 979 - 731- 15N(F.) Brenham - www.ryan a o Bry - • Rosenberg Ann E Plolgv, 0 ee.. RV4 k A s' 2186 l Ada m S Anon. A -rtU r0 w Fd q I. r997 Bryn 1a w ALM9 Ma.. root Tax Abatement Agreement Exhibit C Description Amount ProoessEquipment $2,087,420 Process Electrical $1,193,784 DCS Control System $392,000 Instrumentation $590,951 Equipment - Sand Mill $625,000 Zirconia Beads $100,000 Test Coater $130,500 OPC $100,900 Printing Machine $89,000 Particle Size Counter $52,000 Other QC Equipment and Installation $627,600 Office equipment & LAN construction $300,000 Rack of warehouse $200,000 Total Equipment and Personal Property $6,489,155 j G� Vol. 1 � I rg 49 July 19, 2007 von. 139 Pg. fl O U (6 LJ d C e-^ (CS O (N co C) c� Z Q O O C) C) O N ,It O CO d r Nt d= r- c C m 0 U) o � �- x C C) N �C 0 N N ti O C C O C O� vA Qf C a) > C N C L a) O 0 U) L�. C a) p C N X W �- O c N N CU- U N CEDLL •- U � N von. 139 Pg. fl O U (6 LJ d C e-^ (CS O (N co C) c� Z Q O O I--, 0 T- Cl N O v a a .Q E CD s .id N 0 Q. d++ E N c C o O O to O O O co M O O co N O O O O O n N O O W r Nt O O m I— O O _ O O N O O O In N O O O O N O O O O o O O c x x m o co M N N I? X N Q U 7 E C) L CC) Vim' Ui N N U) > M OL X > '} _ = U) O C7 N V 0 O X O 025 Q' cY6 Q �Q C U > N fl . �q R o n o V � m O UL a Cl a = r- a. w U) LL U) -1 r O O r N 2 <— N M 'I to (O I, c0 0) r r r Vol. [�5 I pg. 5D r r 0 N m U) m t� d 0 E m FH w 7 O a O d 00 0 _ O O 47 O O M O ( O O O 0 (O O 0 O N 0 O O N ( 00 O L6 r- o 00 O H 00 O Lo ty O d oo � N ET Z3 0 a) m x c S' C4 c C �, O x 1 C a L v c m w C CL X _ x U ^ N � x O i j to O ,... � ) 0 O w _ O @ C — O N e E2 'C .0 co .0 -se 0- O C c cis X cc (TJ O � N N O- U. ttJ LL to O O = F� () �r Q U) F O Z r- N () It Lr) N co (3) col. 139 Pg.�.� EXHIBIT "D" STATEMENT OF COMPLIANCE WITH AMENDED AGREEMENT FOR COMMERCIAL - INDUSTRIAL TAX ABATEMENT WITH TOYO INK IN BRAZOS COUNTYlCITY OF BRYAN REINVESTMENT ZONE 23 THE STATE OF TEXAS § COUNTY OF BRAZOS § TOYO INK ( "Owner ") hereby certifies any improvements on the Property, as called for in the above referenced Amended Agreement, have been completed and constructed in every material respect pursuant to said Amended Agreement. Owner further certifies that they have complied with every applicable material term of said Agreement. Signed this day of 120. BY: ITS: Any above - described improvements have been accepted by Brazos County, Texas as having been constructed in compliance with the above referenced Amended Agreement, and that pursuant to said Amended Agreement the partial exemption from taxation shall continue through the year 2016, which will be the last year that the property will be entitled to exemption from taxation in accordance with this Amended Agreement, and that the taxable value of the Premises for such period of time shall be the taxable value as finally determined, following any applicable contests and appeals, by the Brazos County Appraisal District on January 151 of each year of the term of the Amended Agreement. Signed this day of 2010. ATTEST: BRAZOSCOUNTY By: Brazos County Clerk, Karen McQueen Brazos County Judge, Randy Sims 13 Vol. Pg. 5 a SO UTHWESTSOLUTBOMSGROUP business organization systems Ms. Helen Cook BRAZOS COUNTY SHERIFFS OFFICE 1.700 Highway 21 West Bryan, TX 77803 Re: Spacesaver System Dear Helen SOUTHWEST SOLUTIONS GROUP SCHEDULED MAINTENANCE & SERVICE PROGRAM for your SPACESAVER SYSTEM Services to be performed by SSG authorized factory- trained personnel. Inspection & Testing of: Electric Systems • Safety Features • Electrical Wiring & Switches • Mechanical & Logical Controls • Anti -Tip Devices • Carriage Limit Switches • Floor & Overall Operation • Ease of Movement Mechanical Assist Systems / Manual Systems * Anti -Roll Locking Pin • Turn - Handle Assembly • Tension of chain on turn handle drive • Mechanical Safety Features & Controls • Shelving Anchors • Ease of Movement • Loose Hardware & Fasteners Lubrication & Adjustment of: (All Systems) • All Moving Parts, Chains & Rails • Limit Switches General Maintenance & Cleaning of: • Floor & Tracks • Face Panels & Controls Inspection Report: * Communication of inspection findings to the customer Scheduled Maintenance services will be performed on a scheduled on a basis of I per year. Covers all service calls thru out the effective dates of agreement. Vol. I Jq Pg. 53 PROPOSAL PAGE (Page 2 of 4) Submitted to: Name BRAZOS COUNTY SHERIFFS OFFICE Contact Helen Cook Address 1700 Highway 21 West City, State, Zip Bryan, TX 77803 Department: Evidence Email: hcook @co.brazos.tx.us Phone #: [1) 979 - 361 -4992 Fax: [1) 979- 822 -7887 We propose to furnish the materials and perform the labor necessary for the completion of the Scheduled Maintenance & Service Program on System(s): Model: Powered 5 can. 432 -7 -6668 ack 370182 Location: Evidence Platinum (Scheduled Maintenance and Labor Program) • Two Scheduled service inspection per year • Covers 100% of charges for repairs. • Additional investment required for repairs performed outside of normal business hours. Annual Investment to insure the safety of your equipment: $1,338.46 To schedule service please call Paul Stanko at 800 - 803 -1083 ext 2278 or via email PStanko@southwestsolutions.com. You can also request service from our website, www.southwestsolutions.com by clicking on the "request service" link at the top of the page. Vol. 13- I Pg. J4 Other Notes (Page 3 of 4) 1) Scheduled Maintenance, service and repair calls are only provided during normal work hours, Monday thru Friday, 8 a.m. to S p.m. This excludes Saturday, Sunday, and company holidays. Southwest Solutions Group may agree upon optional abnormal hours and days with additional costs. 2) NOTE: Program does not cover repair caused by act of God, vandalism or misuse. 3) Replacement Parts: Southwest Solutions Group does not assume the responsibility for delays or failure to furnish parts or service when the inability to furnish same is caused by acts of God or government, labor difficulties, failure of transportation, misuse of equipment, or operational errors and causes beyond the control of Southwest Solutions Group. Components of the equipment or system purchased from or installed by others than Southwest Solutions Group will be excluded from this agreement. 4) Note: Invoice will follow with the terms Due upon Receipt, or BRAZOS COUNTY SHERIFFS OFFICE can provide a VISA, Master Card or American Express #, expiration date, and full name on card for payment. • It is suggested that to maintain your system, you perform certain routine periodic housekeeping duties outlined at the time of installation of the System. • The customer is responsible for foreign matter and debris that falls into areas that may hinder or damage and result in equipment failure. • The customer agrees to give reasonable notice to Southwest Solutions Group for normal hours servicing. • If equipment, under the Agreement, is moved, transported or tampered without Southwest Solutions Group's supervision, this Agreement will become null and void without refund. Vol. _ Pg. 6 ACCEPTANCE PAGE FOR SPACESAVER SERVICE AGREEMENT (page 4 of 4) BRAZOS COUNTY SHERIFFS OFFICE 432 -7 -6668 Evidence Program effective dates: 10/1/2010 thru 9/30/2011 Annual Scheduled Maintenance & Labor Pp ram $1338.46 Two scheduled PM * Covers 100% of all charges for service calls When accepted please authorize below and return a copy to Southwest Solutions Group via fax (888) 980 -8177 the alt lion of CIM DHAM, retain original for your records. / Accepted by: Title: 1;01 R xn-i U J ( nnL__ t G R, Bill To Address: BroL y) S t?3� V, :N Date: _jot D Attention: Accounts Payable Purchase Order # if appropriate: City, State, Zip: P O. 3cX QI 4 �. Rr�r eA ✓t I Ty -11V (, If paying by VISA, Master Card or American Express: C/C #: Expiration Date: Full Name On Card: Southwest Solutions Group would like to thank you for the opportunity to serve you and our team looks forward to serving you in other areas, please visit our website at www.southwestsolutions.com for more products & services. Sincerely, Kim Windham 972- 331 -8880 or 888 - 241 -7494 direct 972 - 250 -2229 or 888 - 980 -8177 fax . kwindham@soutliwestsolutions.com Dallas Oklahoma City Houston Austin 4355 Excel Pkwy 7718 N. Robinson Ave 6105 Briffmoore Rd 600 Round Rack W. Dr, Ste 300 Suite A21 Houston, TX 77041 Ste 604 Addison, TX 75001 Oklahoma City, OK 73116 (713) 467-4454 Austin, TX 78681 (972) 250 -1970 (405) 879 -3448 (713) 467 -4484 fax (512) 336 -1328 (972) 250 -2229 fax (405) 879 -3770 fax (512) 336 -1358 fax II) l '54 Vol. Pg. San Antonio 5123 N. Loop 1604 W., Suite 100 San Antonio, TX 78249 (210)558.6988 (210) 691 -2238 fax #-a LEASE PRECINCT 1, CONSTABLE'S OFFICE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor ", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas 77803, as "Lessee ". I. Description of Premises Lessor leases to Lessee a portion of that certain single story building, said portion to be rented shall be referred to in this lease as the demised premises, situated at 12845 PM 2154, Suite 140, in the City of College Station, County of Brazos, State of Texas, and is more particularly described on Exhibit "A" appurtenances in connection with the premises. The demised premises shall have assigned Space #140. The demised Premises shall be at least 1625 sq. ft. in size. The building is to be handicap accessible in accordance with ADA standards. II. Term The initial term of this lease shall be for a period of twelve (12) months commencing on October 1, 2009 and terminating on September 30, 2010 (the "Initial Term "). This lease may be renewed five (5) times after the expiration of the Initial Term for a one (1) year term, each renewal term to be effective October 1 of the year of renewal. Each renewal term shall be numbered with renewal option 1 commencing on October 1, 2011 and being numbered consecutively thereafter with renewal option 5 commencing on October 1, 2015 and termination on September 30, 2016. Lessee shall notify Lessor in writing of its intent to renew the lease 90 days prior to the then current lease term expiring. All renewal terms shall be on the same terms and conditions set forth herein. III. Rental Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial Tenn of this lease and all renewal terms, at such place as Lessor may from time to time designate an amount equal to $1.015 per sq. ft. of occupied space or $1,650.00. Said rent is payable in monthly installments on the first day of each month for the term of the lease. IV. Occupancy and Acceptance of Premises By entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair and that the Vol. 1 3 q pg. 15-7 building has been constructed substantially in accordance with the approved plans and specifications therefore. The entering upon the demised premises by Lessee for the purpose of the installation of trade fixtures, furnishing, and equipment shall not be construed as an acceptance of the demised premises. V. Use of Premises Lessee shall use the demised premises for a Constable's Office and no part of the demised premises shall be used for any other purpose without Lessor's prior written consent. VI. Signs: Exterior Lighting and Fixtures Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises, at its own expense, all signs, subject to the City of College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's business. V Q. Alterations, Change, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without Lessor's prior written consent, and any such structural change, alteration, or addition to or upon the demised premises made with Lessor's prior written consent shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. VIII. Defects; Defective Condition; Wind; Acts of Third Persons Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by any defect of plumbing, heating, air - cooling, air - conditioning equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or from the backing up of any sewer pipe, or from the bursting, leaking, or running of any tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon, or about the demised premises, or for any such damage or injury occasioned by water being upon or coming through the roof, walks, or any other place upon or near the demised premises unless Lessee neglects or fails to provide written or oral notice (in case of emergency) to Lessor. IX. Casualty Damage; Repair; Abatement of Rent a) Use of partially damaged premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize the 2 Vol. 6 31 pg. premises for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b) Right to terminate on destruction of one -third of premises: Either party to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one -third of the then reconstruction of such building as a whole; provided that, in such an event, such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c) . Repairs by Lessor: If the demised premises shall, either prior to the beginning of the lease term or during the lease tern, be damaged or destroyed by fire or by any other cause whatsoever beyond Lessee's control, Lessor, except as otherwise provided below, shall immediately upon receipt of insurance proceeds paid in connection with such casualty damage, but in no event later than 10 days after such damage has occurred, proceed to repair or rebuild the same, including any additions or improvements made by Lessor or by Lessee with Lessor's consent, on the same plan and design as existed immediately before such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes, whether similar or dissimilar, beyond Lessor's control. Materials used in repair shall be as nearly like original materials as may then be reasonably procured in regular channels of supply. d) Reduction of rent during repairs: In the event Lessee continues to conduct Lessee's business during repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears to the whole premises. No rental shall be payable while the building is wholly unoccupied pending repair of casualty damage. X. Repairs Generally a) By Lessor: The Lessor shall, at its own cost and expense, repair any damage to the demised premises occasioned by termites, dry rot, mold or fungus, and maintain the roof and exterior walls, air- conditioning equipment of the demised premises in good repair at all times, and will further keep and maintain all underground plumbing in good order and repair, but not including the repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation to snake any of the repairs required in the Section unless and until there has been served upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not be so construed as to require the Lessor to make repairs to the interior surfaces of the walls. Vol. 1 1 pg_ / aM b) By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of the demised premises, including but not limited to exterior entry and exit doors, ornamental facing, plate glass, in or on the demised premises, in good order, condition, and repair, and in compliance with all applicable laws and regulations, during the entire term of this lease, except for those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of this lease. c) Emergency repairs: Notwithstanding the provisions of Section IX, in the event repairs which the Lessor is required to make under the lease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of the Lessor without giving the required notice. XI. Utilities and Services Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, janitorial services, and other similar charges incurred by Lessee with respect to and during its occupancy of the demised premises. XH. Insurance a) Insurance companies: Lessor agrees that any and all policies of insurance to be kept and maintained in force shall be obtained from good and solvent insurance companies rated A VII or better by the then current Best's Key Rates Guide, and licensed to do business in the State of Texas. Lessee agrees to keep and maintain in force insurance as required by law for counties. b) Lessee to obtain liability insurance: Lessee agrees that it will, at its own expense, at all times during the term of this lease, maintain in force a policy or policies of insurance as required by law for counties. c) Lessor to obtain fire insurance on premises: Lessor agrees to maintain in force, at all times during the term of this lease, a policy or policies of fire ad casualty insurance to the extent of at least 100% of the insurable value of the demised premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Lessor shall pass through to Lessee the increase in cost of such insurance policy over the premiums payable for the year 2003 pro-rated based upon the percentage of the building occupied by Lessee. Such incremental increase shall be payable upon 30 days written notice. Accompanied by proof of the increase in premium. Voi. 13 Y J� d) Lessee's waiver of casualty insurance proceeds: In the event the demised premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee agrees that it will claim no interest in any insurance settlement arising out of any such loss where premiums are paid by Lessor, or where Lessor is named as the sole beneficiary, and that it will sign any and all necessary and ,relevant documents required by Lessor or the insurance company or companies that may be necessary for use in connection with the settlement of any such loss to the extent allowed by law. XIII. Transfer or Pledge of Leasehold Interest Lessee shall not assign this lease or any interest in the lease, or sublet the demised premises or any part, without first obtaining Lessor's written consent. XIV. Surrender of Premises Lessee shall, at the termination of this lease, vacate the demised premises in as good condition as they are in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. Xv. Subordination Agreement Lessee is given the right to make payment of any defaults under any and all trust deeds or liens of record on the demised premises, and to receive reimbursement for such payment by deducting and crediting from and against rentals becoming due under this lease. XVI. Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the same and making repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of its intent to make repairs to the demised premises except in the event of an emergency. ' JK voi. 1301 pg. & XVII. Default by Lessee a) Lessor's right to repossess, operate, or relet. If the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are not paid when due and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to promptly perform any other covenant, condition, or agreement by it to be performed under the lease and lessee has not commenced a cure for such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, for a term not exceeding the unexpired period of the current lease ten-n. Lessor acknowledges Lessr's obligation under law to mitigate damages to the Lessee by using reasonable efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing from such operation or reletting of the demised premises. Lessor shall apply these proceeds first, to the payment of all costs and expenses incurred by the Lessor in obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collection fees, and any alterations or repairs reasonably necessary to enable the Lessor to operate or relet the premises; and, second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The remaining balance, if any, given by the Lessor to the Lessee, shall be paid over to the Lessee at the expiration of the then current lease tenn of this lease or on the sooner termination by written notice of termination. b) Repossession or reletting not a termination: Lessor's right to terminate not forfeited: No repossession, operation, or reletting of the premises shall be construed as an election by the Lessor to terminate this lease until a written notice of such intention is given by the Lessor to the Lessee. Notwithstanding any such operation or reletting without termination of this lease, the Lessor may at any time thereafter elect to terminate this lease in the event that the Lessee remains in default under the lease. c) Lessor's right to terminate lease: In the event of Lessee's default as stated in Subsection X1Xa, Lessor may, at its option, without further Vol. 139 Ze A Pg. notice, terminate this lease and any and all interest of Lessee and may then take possession of the demised premises by legal proceedings. d) Lessor's remedies cumulative: Each and all of the remedies given to the Lessor in the lease or by law are cumulative and the exercise of one right and remedy by the Lessor shall not impair its right to exercise any other right or remedy. XVIII. Default by Lessor The following shall be deemed events of default by the Lessor under this lease: a) Lessor shall fail to construct the demised premises (for a reason not the fault, in whole or in part, of Lessee). b) Lessor shall fail to perform its obligation and responsibilities to be performed under the Lease. M. Remedies of Lessee Upon an event of default as defined in Article XVIII above, Lessee shall have the right to terminate the Lease and shall be entitled to sue for direct to recover direct and consequential damages from the Lessor. Should the default be a default as described in Article XVIIIa., consequential damages shall be limited to expense incurred by Lessee if it cannot continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. XX. Expenses of Enforcement Should either party incur any expense in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXI. Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi - public use, this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. Vol. J39 Pg. (y3 JM In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants that, subject to any trust deeds or mortgages now of record or in the future place of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceably possess and enjoy the demised premises during the lease term without any interruption or disturbance. XXIII. Effect of Waiver of Breach of Covenants No waiver of any breach or breaches of any provision, covenant, or condition of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition or of any other provision, covenant, or condition. XXIV. Time of the Essence Time is of the essence of each and every provision, covenant, and condition contained in this lease and on the part of the Lessee or Lessor to be done and performed. �a4 Vol. Yg. XXV. Headings for Convenience Only The headings used in this lease are for convenience and shall not be resorted to for purposes of interpretation or construction of this lease. Texas. XXVI. Venue This contract was entered into and is wholly performable in Brazos County, XXVII. Amendments to be in Writing This lease may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both Lessor and Lessee. XXVIII. Parties Bound Each and every provision of this lease shall bind and shall inure to the benefit of the parties to the lease and their successors and assigns. XXIX. Holding Over No holding over and continuation of any business by the Lessee after the expiration of the lease term shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect.is signed by the Lessor defining the length of such additional term. XXX. Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor. Service shall be deemed complete within three (3) days after mailing of same. Any and all notices or demands from Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. t05 iw Vol. Hg Lessor: Southwood West, A General Partnership 4101 Texas Avenue, Suite B Bryan, Texas 77802 979- 846 -4500 Office 979 - 846 -9378 Fax medowell&xcyber.com Lessee: Brazos County Randy Sims, County Judge 200 S. Tex Ave., Ste. 332 Bryan, TX 77803 rsirns(@,co.brazos.tx.us io. Dated this 40- day of�J�Gt7}CV/ 2009 ATTEST: By°��hp�_ - & Karen McQueen County Clerk 10 LESSOR: SOUTHWOOD WEST, A Texas General Partnership B U Jeffery L. McDowell Title: PAA,-o c-- LESSEE: BRAZOS COUNTY, TEXAS 1rt Vol. 139 pg• it LEASE PRECINCT 1, JUSTICE OF THE PEACE This lease is made and executed in duplicate between SOUTHWOOD WEST, a Texas General Partnership, 4101 Texas Avenue, Suite B, Bryan, Texas 77802, as "Lessor ", and BRAZOS COUNTY, TEXAS, a political subdivision of the State of Texas, 200 S. Texas Ave., Suite 332, Bryan, Texas 77803, as "Lessee ". I. Description of Premises Lessor leases to Lessee a portion of that certain single story building, said portion to be rented shall be referred to in this lease as the demised premises, situated at 12845 FM 2154, Suite 180, in the City of College Station, County of Brazos, State of Texas, and is more particularly described on Exhibit "A" appurtenances in connection with the premises. The demised premises shall have assigned to it eight (8) permanent reserved spaces for Lessee. On days jury trials are scheduled, the Lessee shall be assigned an additional seventeen (17) temporary spaces for the length of the trial. Such spaces shall be designated with temporary signs on poles placed at the assigned temporary space. The location of the permanent and temporary spaces is set forth on Exhibit `B" attached hereto and made a part hereto for all purposes. The demised Premises shall be at least 2330 sq, ft. in size. The building is to be handicap accessible in accordance with ADA standards. II. Term The initial term of this lease shall be for a period of twelve (12) months commencing on October I, 2009 and terminating on September 30, 2010 (the "Initial Tenn "). This lease may be renewed five (5) times after the expiration of the Initial Term for a one (1) year term, each renewal term to be effective October 1 of the year of renewal. Each renewal tern shall be numbered with renewal option 1 commencing on October 1, 2011 and being numbered consecutively thereafter with renewal option 5 commencing on October 1, 2015 and termination on September 30, 2016. Lessee shall notify Lessor in writing of its intent to renew the lease 90 days prior to the then current lease term expiring. All renewal terms shall be on the same terms and conditions set forth herein. III. Rental Lessee agrees to pay Lessor as a fixed, minimum monthly rental for the Initial Term of this lease and all renewal terms, at such place as Lessor may from time to time designate, an amount equal to $.95 per sq. ft. of occupied space or $2,213.50. Said rent is payable in monthly installments on the first day of each month for the term of the lease. Vol. Pg. IV. Occupancy and Acceptance of Premises By entering into and occupying the demised premises, the Lessee shall be deemed to acknowledge that the demised premises are in good condition and repair and that the building has been constructed substantially in accordance with the approved plans and specifications therefore. The entering upon the demised premises by Lessee for the purpose of the installation of trade fixtures, furnishing, and equipment shall not be construed as an acceptance of the demised premises. V. Use of Premises Lessee shall use the demised premises for a Justice of the Peace Office and no part of the demised premises shall be used for any other purpose without Lessor's prior written consent. VI. Signs: Exterior Lighting and Fixtures Lessee shall have the exclusive right to erect and maintain upon the exterior and interior of the demised premises, at its own expense, all signs, subject to the City of College Station's sign ordinance, necessary or appropriate to the conduct of Lessee's business. VII. Alterations, Change, and Additions No structural changes, alterations, or additions shall be made by the Lessee to the demised premises without Lessor's prior written consent, and any such structural change, alteration, or addition to or upon the demised premises made with Lessor's prior written consent shall remain for the benefit of and become the property of the Lessor, unless otherwise provided in the written consent. VIII. Defects; Defective Condition; Wind; Acts of Third Persons Lessor shall be liable to Lessee for any damage or injury to Lessee or Lessee's property occasioned by any defect of plumbing, heating, air- cooling, air - conditioning equipment and ducts, electric wiring or insulation thereof, gas pipes, or steam pipes, or from the backing up of any sewer pipe, or from the bursting, leaking, or running of any tank, tub, washstand, water closet, or waste pipe, drain, or any other pipe or tank in, upon, or about the demised premises, or for any such damage or injury occasioned by water being upon or coming through the roof, walks, or any other place upon or near the demised premises unless Lessee neglects or fails to provide written or oral notice (in case of emergency) to Lessor. Vol. '°' , Pg. IX. Casualty Damage; Repair; Abatement of Rent a) Use of partially damaged premises: In the event of a partial damaging or destruction of the demised premises, Lessee shall continue to utilize the premises for the operation of its business to the extent that it may be practicable to do so from the standpoint of good business. b) Right to terminate on destruction of one -third of premises: Either party to the lease shall have the right to terminate this lease, if the building is damaged to an extent exceeding one -third of the then reconstruction of such building as a whole; provided that, in such an event, such termination of this lease shall be effected by written notice to that effect to the other party delivered within five (5) days of the happening of such casualty causing the damage. c) Repairs by Lessor: If the demised premises shall, either prior to the beginning of the lease term or during the lease tern, be damaged or destroyed by fire or by any other cause whatsoever beyond Lessee's control, Lessor, except as otherwise provided below, shall immediately upon receipt of insurance proceeds paid in connection with such casualty damage, but in no event later than 10 days after such damage has occurred, proceed to repair or rebuild the same, including any additions or improvements made by Lessor or by Lessee with Lessor's consent, on the same plan and design as existed immediately before such damage or destruction occurred, subject to such delays as may be reasonably attributable to governmental restrictions or failure to obtain materials or labor, or other causes, whether similar or dissimilar, beyond Lessor's control. Materials used in repair shall be as nearly like original materials as may then be reasonably procured in regular channels of supply. d) Reduction of rent during repairs: In the event Lessee continues to conduct Lessee's business during repairs, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the premises bears to the whole premises. No rental shall be payable while the building is wholly unoccupied pending repair of casualty damage. X. Repairs Generally a) By Lessor: The Lessor shall, at its own cost and expense, repair any damage to the demised premises occasioned by tennites, dry rot, mold or fungus, and maintain the roof and exterior walls, air- conditioning equipment of the demised premises in good repair at all times, and will further keep and maintain all underground plumbing in good order and repair, but not including the repair of plumbing stopped up by reason of foreign matter introduced into the plumbing fixtures. Lessor shall have no obligation to make any of the Vol. ---I_ Pg. 0 AN repairs required in the Section unless and until there has been served upon Lessor by the Lessee at least three (3) days' notice in writing, advising the Lessor of the necessity of the repair or repairs. The phrase "exterior walls" as used here shall not be so construed as to require the Lessor to make repairs to the interior surfaces of the walls. b) By Lessee: Lessee shall, at its own cost and expense, keep and maintain all of the demised premises, including but not limited to exterior entry and exit doors, ornamental facing, plate glass, in or on the demised premises, in good order, condition, and repair, and in compliance with all applicable laws and regulations, during the entire tern of this lease, except for those repairs required of the Lessor to be made and damage occasioned by fire, earthquake, or other cause or causes as provided for in Section IX of this lease. c) Emergency repairs: Notwithstanding the provisions of Section IX, in the event repairs which the Lessor is required to make under the lease become immediately necessary in order to avoid possible injury or damage to persons or property, the Lessee shall be entitled to make such repairs at a cost not to exceed $1,000.00 for the account of the Lessor without giving the required notice. XI. Utilities and Services Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, janitorial services, and other similar charges incurred by Lessee with respect to and during its occupancy of the demised premises. XII. Insurance a) Insurance companies: Lessor agrees that any and all policies of insurance to be kept and maintained in force by the respective parties to the lease shall be obtained from good and solvent insurance companies rated A VII or better by the then current Best's Key Rates Guide, and licensed to do business in the State of Texas. Lessee agrees to keep and maintain in force insurance as required by law for counties. b) Lessee to obtain liability insurance: Lessee agrees that it will, at its own expense, at all times during the term of this lease, maintain in force a policy or policies of insurance as required by law for counties. c) Lessor to obtain fire insurance on premises: Lessor agrees to maintain in force, at all times during the tern of this lease, a policy or policies of fire ad casualty insurance to the extent of at least 100% of the insurable value of the demised premises. If permitted without additional charge, Lessor shall cause to be endorsed on its fire insurance, and any extended coverage policy or Vol. (3-9 Pg. 70 -\WK policies, the waiver of right of subrogation. Lessor shall pass through to Lessee the increase in cost of such insurance policy over the premiums payable for the year 2003 pro -rated based upon the percentage of the building occupied by Lessee. Such incremental increase shall be payable upon 30 days written notice. Accompanied by proof of the increase in premium. d) Lessee's waiver of casualty insurance proceeds: In the event the demised premises shall be damaged or destroyed by fire or other casualty so insured against, Lessee agrees that it will claim no interest in any insurance settlement arising out of any such loss where premiums are paid by Lessor, or where Lessor is named as the sole beneficiary, and that it will sign any and all necessary and relevant documents required by Lessor or the insurance company or companies that may be necessary for use in connection with the settlement of any such loss to the extent allowed by law. XIII. Transfer or Pledge of Leasehold Interest Lessee shall not assign this lease or any interest in the lease, or sublet the demised premises or any part, without first obtaining Lessor's written consent. XIV. Surrender of Premises Lessee shall, at the termination of this lease, vacate the demised premises in as good condition as they are in at the time of entry on the premises by Lessee, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Lessee, and upon vacating shall leave the demised premises free and clear of all rubbish and debris. XV. Subordination Agreement Lessee is given the right to make payment of any defaults under any and all trust deeds or liens of record on the demised premises, and to receive reimbursement for such payment by deducting and crediting from and against rentals becoming due under this lease. XVI. Lessor's Right of Inspection and Repairs Lessor shall have access to the demised premises and each and every part during Lessee's regular business hours for the purpose of inspecting the same and making repairs to the demised premises. Lessor shall give Lessee three (3) days written notice of its intent to make repairs to the demised premises except in the event of an emergency. Q J� 14 Voi. P &•� XVII. Default by Lessee a) Lessor's right to repossess, operate, or relet: if the rental reserved by this lease or other charges to be paid under the lease by Lessee, or any part, are not paid when due and remain unpaid for a period of 15 days after notice in writing, or if Lessee fails to promptly perform any other covenant, condition, or agreement by it to be performed under the lease and lessee has not commenced a cure for such failure, or if Lessee abandons the demised premises, or if Lessee breaches any obligation under this lease to be performed by it which cannot be cured, then, and in any such event, Lessee shall be deemed to be in default and Lessor, upon 30 days written notice may at its option take possession of the demised premises. By legal proceedings, Lessor shall take, operate, or relet the premises, in whole or in part, for the account of the Lessee at such rental and on such agreement and conditions, and to such tenant or tenants as the Lessor in good faith may deem proper, for a tern not exceeding the unexpired period of the current lease term. Lessor acknowledges Lessor's obligation under law to mitigate damages to the Lessee by using reasonable efforts to relet the demised premises. Lessor shall receive all proceeds and rent accruing from such operation or reletting of the demised premises. Lessor shall apply these proceeds first, to the payment of all costs and expenses incurred by the Lessor in obtaining the possession of, and the operation or reletting of the premises, including reasonable attorneys' fees, commissions, and collection fees, and any alterations or repairs reasonably necessary to enable the Lessor to operate or relet the premises; and, second, to the payment of all such amounts as may be due or become payable under the provisions of this lease. The retraining balance, if any, given by the Lessor to the Lessee, shall be paid over to the Lessee at the expiration of the then current lease term of this lease or on the sooner termination by written notice of termination. b) Repossession or reletting not a termination: Lessor's right to terminate not forfeited: No repossession, operation, or reletting of the premises shall be construed as an election by the Lessor to terminate this lease until a written notice of such intention is given by the Lessor to the Lessee. Notwithstanding any such operation or reletting without termination of this lease, the Lessor may at any time thereafter elect to terminate this lease in the event that the Lessee remains in default under the lease. c) Lessor's right to terminate lease: In the event of Lessee's default as stated in Subsection XIXa, Lessor may, at its option, without further notice, terminate this lease and any and all interest of Lessee and may then take possession of the demised premises by legal proceedings. 6 Vol. Pg. d) Lessor's remedies cumulative: Each and all of the remedies given to the Lessor in the lease or by law are cumulative and the exercise of one right and remedy by the Lessor shall not impair its right to exercise any other right or remedy. XVIII. Default by Lessor The following shall be deemed events of default by the Lessor under this lease: a) Lessor shall fail to construct the demised premises (for a reason not the fault, in whole or in part, of Lessee). b) Lessor shall fail to perform its obligation and responsibilities to be performed under the Lease. M. Remedies of Lessee Upon an event of default as defined in Article XVIII above, Lessee shall have the right to terminate the Lease and shall be entitled to recover direct to sue for direct and consequential damages from the Lessor. Should the default be a default as described in Article XVIIIa., consequential damages shall be limited to expense incurred by Lessee if it cannot continue at its present location on a month to month lease. If required by its present landlord to sign a year's lease, Lessor herein will permit Lessee to move into the demised premises when completed and shall pay Lessee's monthly rent at its current location. XX. Expenses of Enforcement Should either party, incur any expense in enforcing any covenants of this lease, each party shall bear its own costs unless otherwise ordered by a court of competent jurisdiction. XXI. Eminent Domain In the event any portion of the demised premises shall be taken for a public or quasi - public use, this lease shall terminate as of the date of the actual physical taking, at Lessee's option, and the parties shall then be released from any and all further liability under the lease. In the event Lessee chooses to continue the lease, the Lessor shall, with reasonable diligence, proceed at its own expense to reconstruct or repair the demised Jrt Vol. _ 1 pg,_ 73 premises and place the same in a tenantable condition within 30 days after the date of the actual physical taking. Abatement of rent: During any reconstruction or repairing as provided above, Lessee shall be required to pay only that proportion of the fixed minimum monthly rental reserved in the lease as the area of the demised premises remaining in a tenantable condition during such reconstruction or repairing bears to the entire area leased by this agreement. Upon completion of such reconstruction or repairing, the fixed minimum monthly rental reserved in the lease shall be premises, and thereafter Lessee shall be required to pay such adjusted fixed minimum monthly rental in accordance with the provisions of this lease. There shall be no abatement of any rental due until such time as there shall be an actual physical possession of the portion of the demised premises taken. Right to condemnation award: Any award made in any condemnation proceeding for the taking of any part or the whole of the demised premises shall be the sole property of and be paid to Lessor. XXII. Peaceful Enjoyment Lessor covenants and warrants that, subject to any trust deeds or mortgages now of record or in the future place of record, it is the owner of the demised premises, and that Lessee, upon payment of rents provided for in the lease and performance of the conditions, covenants, promises, and agreements to be performed by it, shall and may peaceably possess and enjoy the demised premises during the lease term without any interruption or disturbance. XXIH. Effect of Waiver of Breach of Covenants No waiver of any breach or breaches of any provision, covenant, or condition of this lease shall be construed to be a waiver of any preceding or succeeding breach of such provision, covenant, or condition or of any other provision, covenant, or condition. XXIV. Time of the Essence Time is of the essence of each and every provision, covenant, and condition contained in this lease and on the part of the Lessee or Lessor to be done and performed. XXV. Headings for Convenience Only Vol. l Pg. The headings used in this lease are for convenience and shall not be resorted to for purposes of interpretation or construction of this lease. Texas. XXVI. Venue This contract was entered into and is wholly performable in Brazos County, XXVII. Amendments to be in Writing This lease may be modified or amended only by a writing duly authorized and executed by both Lessor and Lessee. It may not be amended or modified by oral agreements or understandings between the parties unless the same shall be reduced to writing duly authorized and executed by both Lessor and Lessee. XXVIII. Parties Bound Each and every provision of this lease shall bind and shall inure to the benefit of the parties to the lease and their successors and assigns. XXIX. Holding Over No holding over and continuation of any business by the Lessee after the expiration of the lease term shall be considered to be a renewal or extension of this lease unless written approval of such holding over and a definite agreement to such effect is signed by the Lessor defining the length of such additional term. XXX. Notices All notices of demands of any kind which Lessor may be required or may desire to serve on Lessee under the terms of this lease may be served upon Lessee by mailing a copy by registered or certified mail, postage prepaid, addressed to Lessee at the address stated herein or addresses as may from time to time be designated by Lessee in writing to Lessor. Service shall be deemed complete within three (3) days after mailing of same. Any and all notices or demands from Lessee to Lessor may be similarly served upon Lessor at the address stated herein, or at such other address as Lessor may in writing designate to Lessee. Vol. I �� Pg. Lessor: Southwood West, A General Partnership 4101 Texas Avenue, Suite B Bryan, Texas 77802 979 - 846 -4500 Office 979 - 846 -9378 Fax mcdowelI(o),txcyber.com Lessee: Brazos County Randy Sims, County Judge 200 S. Tex Ave., Ste. 332 Bryan, TX 77803 rsims a�co.brazos.tx.us to Dated this a1`4- day of . I&bfr. 201 • ATTEST: By:l Karen McQueen County Clerk lu LESSOR: SOUTHWOOD WEST, A Texas General Partnership B Jeffery L. McDowell Title: LESSEE: BRAZOS COUNTY, TEXAS Vol. pg, / la ati CONTRACT RENEWAL: By signing herewith, we acknowledge and agree to renew the current bid - 2009 -51- Janitorial Supplies for Brazos County. The new Bid number will be 2010 -44R. I understand that Bid 2010 -44R will be in effect from October 15, 2010 through October 14, 2011. RAY CRISWELL DISTRIBUTING Randy Sims, 96unty Judge Vol. l Z R Pg q Date q/ rr/J — Date -77 it y: �.t BRAZO5 COUNTY 2010/2011 RENEWAL Coverage Auto Liability Auto Physical Damage General Liability Public Officials Liability Law Enforcement Liability Property 10 -1- 10/7 -1 -11 Worker's Comp Discount TOTAL 2010 Annual Contribution Due Less Renewal Credit Earned 2010 Total Amount Due #�2 $ 56,319.00 $ (17,225.00) $ 39,094.00 $ 19,272.00 $ - $ 19,272.00 $ 45,169.00 $ (9,802.00) $ 35,367.00 $ 80,887.00 $ (51,118.00) $ 29,769.00 $ 132,469.00 $ (20,826.00) $ 111,643.00 $ 69,441.00 $ - $ 69,441.00 $ (9,817.00) $ (9,817.00) $ 403,557.00 $ (108,788.00) $ 294,769.00 Total worker's comp package discount $49,D82 APPROVED: (512) 478-753 • (800) 456-5974 • (5 12) 478-1426 FAX • %aw.cotmtltorg • 1210 San .Antonio, Austin, T% 78701 • P.O. Box 2131, Austin.'FX 7876e,2151 GLne Terfy, tzva Dirredor vol.. — g. 1j t 5dpc r. x TEXAS ASSOCIATION *f ' �g* RISK MANAGEMENT POOL CoVN' Of COUNTIES Property Proposal Member Name: Brazos County Contract No.: 0210 Per Occurrence Deductibles Proposal Date: Basic Coverage: $ 5,000 Proposed Effective Date: October 01. 201012:01 AM Mobile Equipment: $ 5,000 Proposed Expiration Date: July 01, 2011 12:01 AM Equipment Breakdown: $ 5,000 Coverage Limit Annual Contribution Basic Coverage $ 96,132,232 $ 67,480 Mobile Equipment $ 2,852,043 $ 1,961 Equipment Breakdown $ 647,500 $ 0 Total Contribution for Proposed Coverage Period: I $ 69,441 ** Equates,to annual contribution of $92,589 uat SUBJECT TO RECEIPT AND ACCEPTANCE BY THE TAC RISK MANAGEMENT POOL OF ORIGINAL FULLY COMPLETED SIGNED AND DATED TAC APPLICATION FORM, INTERLOCAL AGREEMENT, PROPOSAL ACCEPTANCE FORM AND FULL DISCLOSURE TO AND ACCEPTANCE BY THE POOL OF ALL LOSSES AND ANY SI UATION THAT COULD RESULT IN A POSSIBLE CLAIM. �f� C 0/0 Signature of TAC O Zial Date COVERAGE ACCEPTANCE Coverage ffered is prop ali is tad. Signature and Titl f Accepting Official Insurance l0 -01 - -90I0 Coverage Effective Date Date of Signature This acceptance not valid unless received by the TAC office not later than 60 days from the proposal date shown above, unless extension is granted by TAC. � �a�1of3 Vol. Pg. INTERIM Brazos County Information Technology Department Policy for Assisting Agencies with Complying with Expunction Orders Policy Summary Brazos County Information Technology Department ( "IT ") will assist the following departments in expunging electronic files from the County Integrated Justice Information Management System ( "CIJIMS ") although individual departments will remain responsible for expunging records housed within their department: County Attorney Justice Courts District Attorney District Clerk Sheriffs Department County Clerk IT will provide expunction services of records at the request of the requesting agencies when made through the IT standard form, and will refer all public inquiries regarding expunction to the requesting agencies. Summary of the Judicial Procedure Chapter 55 of the Code of Criminal Procedure provides a means by which a person may have the records and files relating to his or her custodial or non - custodial arrest expunged. An expunction order may be obtained by filing a petition alleging the necessary elements and presenting proof of these elements at a hearing on the petition. If an order of expunction is entered, all records relating to the arrest will be either returned to the court or destroyed, and the petitioner can deny that the arrest occurred. A person who violates an expunction order may be guilty of a Class B misdemeanor. When the order of expunction is final, the clerk of the court must send a certified copy of the order by certified mail, return receipt requested, to the Department of Public Safety and to each official, agency, or other entity named in the petition that there is reason to believe has any records or files that are subject to the order. In addition to the order sent by certified mail, the clerk may alternatively send a certified copy of the order by secure email, electronic transmission, facsimile or by hand delivery with return receipt if to local government offices. On receipt of an expunction order, each responsible Brazos Comity official, agency, or other entity must: 1. Return to the court all records and files subject to the expunction order or, if removal is impracticable, obliterate all portions of the record or file that identify the petitioner and vot. °t Pg. g0 notify the court of its action. This requirement does not apply to an official, agency, or other entity that is permitted by the court to retain necessary records and files for the ongoing investigation or prosecution of an offense arising from the same criminal episode. 2. Delete from its public records all index references to the records and files subject to the expunction order. 3. An official, agency, court or other entity may retain receipts or similar records of financial transactions that arose from the expunction or prosecution of the underlying criminal case. But the official, agency, court or other entity that retains these financial records shall obliterate all portions of the records that identify the petitioner. The court may give the petitioner all records and files returned to it pursuant to its order. However, the statute provides no standards for the court to use in deciding whether to return these records to the petitioner, and it appears that there is no obligation on the part of the court to do so. The records addressed by the court's order include computer - generated or stored records, that may have included networked computers, held in the CIJIMS. There is certain data that is contained within the county IT domain. ie. justice web, ABLE Term, etc, that may be problematic for individual elected officials to expunge. IT will assist the listed agencies in the expunction of data contained in the CIJIMS. Procedure Each department or agency wishing IT to assist it in expunging criminal records shall forward the valid court order to IT, along with any information that may help IT locate the records contained in the CIJIMS system. Upon receipt, IT will make a log entry of pertinent information regarding the expunction. The log entry will be kept_ by IT for one year from the date that the order was signed and then the log entry will be deleted. IT will schedule the data for removal 60 days from the receipt of the valid Order but before one year from when the Order was signed. IT will notify the prosecutor's office within 30 days of receiving notice of the Order that IT intends to remove the records. If the prosecutor's office delivers to the District Clerk in writing an objection within 20 days of receipt of the notice, the District Clerk shall immediately forward the objection to IT. Upon receipt of the notice sent by the District Clerk, IT will not remove the data until the one year anniversary of the Order being issued. IT will remove the data from CIJIMS that is subject to the Order. Vol. 1 2)19 pg. 91 Provided a prosecutor does not object, the records will be removed and the Order of Expunction shall be returned to the requesting department or agency along with a memo stating that the records were expunged. Inquiries from the Public This policy will be available to the public. However, IT will refer all public inquiries regarding an expunction to the requesting department or agency responsible for that expunction. COUNTY WEBSITE STATEMENT EXPUNCTIONS 1. The laws addressing expunctions can be found generally in the Texas Code of Criminal Procedure, Chapter 55. 2. (a) Pursuant to the above law, when a valid order of expunction is issued by a Brazos County court, the clerk of the court must wait at least 60 days before expunging records designated in the order of expunction. (b) The clerk of the court has from 60 days up to I year from the date the order of expunction is issued to expunge the designated records. Brazos County offices and departments that are designated by the petitioner in the petition for expunction as having records subject to expunction comply with the same law. (c) If the clerk of the court timely receives notice from the prosecuting attorney's office that the prosecutor objects to expunging the records early, the clerk shall notify the proper Brazos County offices of the objection. These offices must then wait to expunge the designated records until the first anniversary of the date the order of expunction is issued. APPROVED: Sims, County Judge date Vol. I a9 pg. " A BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: September 21, 2010 ITEM: Request from Bryan Texas Utilities to construct a road bore /underground crossing for installation of (3) 2 -inch PVC conduits in the right of way of Jones Road approximately 0.35 mile northwest of West Villa Maria Road. Site is located in Precinct 4. SOURCE OF FUNDS: N/A PRESENTATION: Work will be performed by a third party under the direction of the general contractor for the Greater Texas Foundation project. REOUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highway, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: APPROVED BY: R.-JAr A ,anee JAV Richard F. Vance, Pit. mts ' uley County Engineer Precinct 4 CC2010 -067 This Request is Approved //Denied 0 by Commissioners' Court Date: 9/,2( lo /-) -1l---\ Randy Sims/County Judge Vol. 6�3� Pg. 05 September 15, 2010 P.O. Box 1000 Bryan, TX 77805 Phone: 979-821-5770 Fax: 979 - 821.5796 hitp://www.btutilities.com Gary Arnold Brazos County Road & Bridge 2617 W. Hwy 21 Bryan, TX 77803 Re: Jones Rd. — BTU Underground Crossing Mr. Arnold, Investigation: 0912C1 6060 Please accept my submittal for approval for a proposed underground crossing on Jones Road approximately 0.35 mile northwest of West Villa Maria. This work will be performed by a third party under the direction of the general contractor for the Greater Texas Foundation project. This contractor will be installing (3) 2" PVC conduits in a bore under Jones Road. This is needed to provide electric service to this development. This contractor will be responsible in making the required notifications to the County and will adhere to all County construction guidelines. Sincerely, Allen Kristof BTU -Line Designer 979- 821 -5730 akristofObtuti lities. com via: email cc: Matt Cunningham Vol. 139 pg. d REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMINISTRATION BRYAN, TEXAS 77803 Formal notice Is hereby given that (nppilcnnt Bryan Texas Utilities proposes to place a (type) UG- Elecldr within _ across X the right -of -way of (road) Jones Road In Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by _j _copies of the drawings attached to this notice. I understand and agree that: I. The County Engineer must be notified 72 horns prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation; 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer; 3. Bozos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should some become necessary due to widening or lowering, or other alteration of the roadway or rigWof- -way; 4. Bozos County will in no wny be responsible for any damage which might occur to any existing utility lines in the right -o& -way; 5. The line will be constructed and maintained on the Cooly right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989; 6. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2) below the center of the roadway; 7. All sites will be bartieaded during the constmetion period. Construction of this line will begin on or after the 18 day of October , 201 Q APPROVED BY COMMISSIONERS' COURT: Date " Randy Sims, unty, Judge Brazos Cou y, Texas maaoos Vol. t31 Firm: Bryan Texas Utilities By: Allen Kristof Title: Line Designer Address: 205 E 28th Bryan Texas 77803 Phone: 978.821.5730 Pg. 95 Vol. 1 a � Pg. 0`0- W zz F- cn xW W= a �W r- > m O PO W J Q Q M ma � Lj o cn w oL CL a O a0 a� 0 0 \ \\ W \ \\ 00 \��m \ o W a \\ m 0 � a M � W a p \ \ °' \ 07 \\ �_ 0� N W Q 0a \ N ° W LLJ aCOO U) \ N \ 0ODw 0 \ \ rn 0- 't 0 z \ �C) a M p v' \ ao cWi� W a y OJ- a W y 0 a- D M ro ate.. , Vol. 1 a � Pg. 0`0- WA NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM TFUS INSTRUMENT BEFORE R IS FRED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER PAID-UP COPY OIL, GAS AND NE MINERAL LEASE and entered into this 211. day of Socomber . 2010, between rY. TEXAS. BY RANDY SIMS. COUNTY JUDGE , hereinafter wiled lessor' and 1. Lessor, in consideration of ten and no/100's and other valuable consideration Dollom ($10.00) in hand paid, receipt of which is hereby acknowledged, of the royalties herein provided and of the agreements of the Lessee herein contained, hereby grants, leases and lets, exclusively unto Lessee for the purpose of investigating, exploring, prospecting, drilling, mining and operating for and producing oil, gas and all other minerals, Injecting gas, waters, other fluids, air and other gaseous substances into subsurface strata, laying pipe lines, storing oil, buiding tanks, power stations, electric transmission lines, telephone lines, and other structures and things thereon to produce, save, mks care of, treat process, store and transport said minerals and other products manufactured therefrom, and housing and otherwise coding for its employees, the following descrlbed land in BRAZOS County, Texas, fo wit: Those certain tracts or parcels of land containing 16.664 acne, whether more or less, situated in the S. Jones League, A -27, and being . more specifically described as certain roads and portions of roads located in Oak Hills Subdivision. Said Subdivision being a part of a 653 acre tract of land conveyed by W. T. Franklin, at al. to Oak Hills, Inc. In that certain Warranty Deed with Vendor's Lien dated May 1, 1959, and recorded in Volume 197, Page 107, and said media being depicted on that certain Plat of Oak Hlits Subdivision recorded In Volume 202, Page 475, of the Deed Records of Brazos County, Texas. Said roads being mom particularly described as follows: Tract 1: Being a portion of Loa Robles Read; 2,984.498 feet long by 50 feet wide and comprising 3.426 acres, whether more or less; and Tract 2: Being a portion of River Road: 1,769.061 feet long by 50 feet wide and comprising 2.031 acres, whether more or less; and Tract 3: Being Whispering Ridge: 1,244.802 feel long by 70 feet wide and comprising 2.000 acres, whether more or less; and Tract 4: Being Worthington Court: 381.3 feet long by 70 feet wide and comprising 0.613 acres, whether more or less; and Tract 5: Being a portion of White Creek Road: 6,607.01' long by 50' wide and comprising 7.584 acres, whether more or leas. Said tracts being leased herein contain an aggregate total of 15,654 acres whether more or less Nolwltlmmnding any particular description, it Is nevertheless the Intention of Lesser fo include within this lease, and Lessor does hereby lease, not only the land so described but also any and all other land owned or claimed by Lessor in the herein named survey or surveys, or In adjoining surveys, and adjoining the herein described land up to the boundaries of the centain 15.653 acres, whether actually containing more or leas. Lessor agees to execute any supplemental instrument(s) requested by Lessee for a more complete or accurate description of said land or inslmments(s) to perfect title deficiencies. 2. Subject to the other provisions herein contained, this lease shall remain in force for a term of THREE (31 years from this date (wiled 'primary tsm,l, and as long thereafter as oil, gas or other mineral Is produced from said physical land or land with which said land or any part thereof is pooled, or this lease is maintained by virtue of some other provision hereof. 3. This is a PAID -UP LEASE In consideration of the down cash payment, Lessor agrees that Lessee shall not be obligated, except as otherwise provided herein to commence or continue any operations during the primary term. 4. The royalties to be paid by Lessee am: (a) on oil and on other liquid hydrocarbons savetl at the wall 7/5 of that produced and saved from said lend, same to bi, delivered at the wells or to the credit of Lessor in Uw pipeline to which the wens may be connected with Lessor's interest in either case bearing its proportion of any expense for treating oil to make it marketable as crude and Lessee having the option, at any time or from time to time, to purchase Lessors ail at the well, paying therefore the lawful market price on the date of the purchase for oil of like grad and gravity prevailing for the field nearest where such oil is produced; (b) an gas, Including casinghead gas and all gaseous substances produced from said land and sold by Leases. 115 of the amount realized from such sale thereof. after deduction of a proportionate part of the production, severance and other excise taxes and the cast incurred by Lessee Is delivering, processing compressing, or otherwie making such gas or other substances merchantable; (c) on gas, including casinghead gas and all gaseous substances, produced form said land and used off said lard by Lessee and not benefiting Lessor, the market value at the mouth of the well of 1/5 of the gas used o0 said land; (d) on all minerals mitred and marketed, 1/S either in kind or value at the well or mine, at Lessee's election, except that on sulphur the royalty shall be One Dollar (81.00) per long ton; and (e) 8 at any time while there is a gas was or wells on the said land or land pooled therewith (for the purposes of this clause (e) the tam 'gas well' shall include wells capable of producing natural gas, condensate, distillate or any gaseous substance and wells classified as gas wells by any governmental authority) and shall well or wells are shut -in, and this lease is Trot being maintained otherwise as provided herein, this lease shall nevertheless remain in force and effed following shutting -in of the well(a), whether it be during or after the primary term (unless released by Lessee), and it shall be considered that gas is being produced from the land covered by this lease. When the base is continued in force in this manner and the wall or wells are shut -in for a period of at least ninety (90) consecutive days, Lessee shall pay or tender as an advanced annual royalty to the parties who at the time of such payment would be entitled to receive royally hereunder if the well were producing or deposit to their credit in the PAY DIRECT TO LESSOR AT ABOVE ADDRESS Sank (Account No. 1. $1.00 per net acre for the acreage then held under this Into making such payment or tender. The first payment of such sum shall be made on or before either, (1) ninety (90) days fond the date such well or wells are shut -in; (2) ninety (90) days from the effective dam for inclusion of said land of a portion thereof within a unit on which Is located a shu-In gas well; or (3) ninety (90) days from the date this lease ceases to be otherwise maintained as provided herein, whichever is the later date, and it shall be considered that gas is being produced from said land in paying quantities within the meaning of Paragraph 2 hereof for one (1) year form the date of such payment and in the manner subsequent advance annual royalty payments may be made or tendered and it will be considered that gas Is being produced from said land In paying quantities within the meaning of said Paragraph 2 during any annual period for which such advanced annual payment has been made. Lessee's failure to Pay or tender property or timely any such sum as royalty shall render Lessee liable for the amount due but it shall not operate to minerals this lease. All royalty interests, whether or not owned by the undersigned, shall be paid out of the royalty as provided for in said lease. Vol. I &9 Pig p 5. Lessee Shall have the right but not the obligation to pool all or any pan of the leased premises or interest therein with any other lands or interests, as to any or all depths or zones, and as to any or all substances covered by this lease, either before or after the commencement of production, whenever Lessee at its sob discretion deems it necessary or proper to do In order to develop or operate prudently the leased premises, whether of not similar pooling authority exists win respect to such other lands or Interests. The unit formed by such pooling for an oil well which is not a horizontal completion shalt not exceed 80 Scree plus a maximum acreage tolerance of 10%, and for a gas well or a horizontal completion shall not exceed 640 acres plus a maximum acreage tolamnm of l l provided that a larger unit maybe formed for an oil well or gas well or horizontal completion to conforrl to arty wag spacing or density pattern that may be prescribed by any governmental authority having jurisdiction to do so. For the purpose of the foregoing, the tam 'horizontal completion' means an oil well in which the horizontal component of the gross completion imam] In the reservoir is at least one hundred feet (10(y). In exercising as pooling rights hereunder, Lessee shall file of record a written declaration describing the unit and stating the effective data of pooling. Production. drilling, completion, or reworking operations anywhere on a unit which includes all or any part of the leased premises shall be treated as it it were production, drilling, completion or reworking operations on the leased premises except that the production on which Lessors royally is calculated shell be that proportion of the total unit production which the net acreage covered by this lease and included In the unit bean to the total gross acreage In the unit- Pooling in one or more instances shall not exhaust Lessee's pooling rights hereunder, and Lessee Shan have the mounting right but not the obligation to revue any unit formed hereunder by expansion or contraction or both, either before or after commencement of production, in order to conform to the all spacing or density pattern prescribed or permitted by the governmental authority having jurisdiction, or to conform to any productive acreage determination made by such governmental authority. Also each such drilling or production unity, when limited M any one or more formations and to any one or more of the minerals therein or produced therefrom may from time to time be enlarged and extended by Lessee to include additionally any other formation or formations and any other mineral or minerals themin or produced therefrom. In making such a revision. Lessee shall file or record a written declaration describing the revised unity and stating the effects of revision. To the extent any portion of the leased premises Is Included In or excluded from the unit by virtue of such revision, the proportion of unit production on which royalties are payable hereunder shall thereafter be adjusted accordingly, Lessee may place and use each unit seated hereunder common measuring and rewarding tanks for production tram such unit. In the abalones of production In paying quantities from a unity, or upon permanent cessation thereof, Lessee may lelminate the unit by filing of record a written declaration describing the unit and stating the date of termination. Pooling hereunder shall not constitute across conveyance of Interest 8. If at the expiration of the primary term, oil, gas or other mineral Is not being produced from said land or land pooled therewith but Lessee is the engage in operations for driing, mining or reworking of any wall or mine Mention or shall have completed a dry hole thereon within ninety (90) days prior to the end of the primary tarts, this lease shall remain In force co long as operations on said well or for the drilling or reworking of an additional well are commenced and prosecuted (whether on the same or successive walls) with no cessation of more than ninety (90) consecutive days and if they result in production, so long thereafter as oil, gas or other mineral is produced from said land or land pooled therewith. If after the expiration of the primary term of this lease and after oil, gas of other mineral is produced from said lam or land pooled therewith, production thereof should cease from any cause, this lease shall not terminate if Lessee commences operations for drilling or reworking within ninety (90) days after the cessation of such production, but shall remain in force an dated so long as such operation are prosecuted with no cessation of morn than ninety (90) consecutive days, and if they result in the production of oil, gas or other minerals, so long thereafter as oil, gas or other mineral is produced from said land or land pooled therewith. In the event a well or mile producing oil, gas Is paying qualities should be brought in on adjacent land and within two hundred feet (200r) of and draining said land, Lessee agrees to drill such offset wells as a reasonably prudent operator would drill under the same or similar circumstances. The judgment of the Lessee, when net fraudulently exercised In carrying out the purpose of this lease shall be condusive. 7. Lessee shall have free use of oil, gas and water from said land, except water from Lessors wells and larks, for all operations hereunder including ne- pressuring, pressure maintenance, cycling and secondary recovery operations, and the royalty shall be computed after-deducting any so used. Any structures and Fall pries placed on said land by Lessee for operations hereunder and any wen or wells on said land dolled or used for the Injection of salt water or fluids may also be used for Lessee's operations on other lands in the same area. Lessee shall have the right at any time during or after expiration of this lease to remove all property and fixtures placed by Lessee on said land, Including the right to draw and remove all Owing. When required by Lessor, Lessee will buy all pipe tins below ordinary plow depth, and no well shall be drilled within Me hundred feet (200') of any residence or barn now on said land without Lessor's consent. 6. The rights of either party hereunder may be assigned in whole or in part and the provisions hereof shall extend to the heirs, representatives, successor and assigns, but no change or division in ownership of Me land or royalties shall be binding upon Lessee for purpose until such person acquiring any Interest has furnished Lessee with the instrument or Instruments, or certified copies thereof, constituting the chain of into from the original Lessor. An assignment of this lease, in whole, or In pan shall to the extent of such assignment, relieve and discharge Lessee of any obligations hereuntler, and If Lessee or Assignee of part or pelts hereof shag fan to comply with airy provision of this lease, such default shall not affect this lease insofar as It covers a pan of said land upon which Lessee or any assignee thereof shall not be In defoug. Should more than six parties became entitled to royalties hereunder, Lessee may require the appointment of a singe agent to receive payment for all and may withhold payment until such appointment has been made. 9. When dining or other operations are delayed or interrupted by storm, good or other ad of God, fire, war, rebellion, insurrection, dot strikes, differences with workmen, unavailability of material or equipment, failure of comers to transport or famish faggtles for transportation, some order, requisition or necessity of the government or as a result of any Ouse whatsoever beyond the central of the Lessee, the time of such delay or Interruption shall not be counted against Lessee, anything In this lease or the contrary notwithstanding. All express or implied covenants of this lease shall be subject to all Federal and State laws. Executive orders, rules or regulations and this lease shall not be terminated, in whole or in par, nor Lessee held liable in damages for failure to comply therewith if compliance is prevented by, or if such failure is the result of, any such law, order, role or regulation. If from such muses Lessee is prevented from conducting drilling or reworking operations on, or producing oil or gas from said tend or lard pooled therewith, the time while Lessee is so prevented shall not be counted against Lessee, and this lease shall be extended for a period of time equal to that during which such Lessee is so prevented from conducting drilling or reworking Mining operations on. or producing oil or gas from mid land of land pooled therewith, notwithstanding any other prevision hereof. 10. The breach by Lessee of any obligation arising hereunder shall net work a forfeiture or termination of this lease nor muse a terminal or hummed of the estate created herby not be grounds for cancellation hereof in whole or in part. In the event Lessor considers that operations are not at any time being conducted In compliance with this lease, Lessor shall nogy Lessee in writing of the fads relied upon as constituting a breach hereof, and Lessee, t In default, shall have sixty (60) days after remipt of notice in which to oommence the compliance with the obligations imposed by vidue of this Instrument. After the discover of oil, gas or other mineral In paying quantities on said land, Lessee shall reasonably develop the acreage retained hereunder, but in discharging this obligation It shall in no event be required to drill more then one (1) well per forty, (40) aces, plus an acreage tolerance not to exceed tan percent (10%) of six hundred folly (640) acres of the area retained hereunder and capable of producing gas or other mineral in paying quantities. 11. Lessor hereby warrants and agrees to defend the title to said land. and agrees that Lessee, at its option, may discharge any tax, mortgage or other lien upon said land In the event of default of payment by Lessor, and in the event Lessee does so, n shall be Wit rogated to such lien with the right to enforce same and apply royalties accruing hereunder toward satisfying same. Without impairment of Lessee's fights under the warranty in the event of future of title, lt is agreed Mat if Lessor owns an interest in said land less that the entire fee simple estate, whether stated heriinabova as a whole or partial Interest Men the royalties to be paid Lessor shun be reduce priporllonately. All royalty Interest covered by this lease (whether or not owned by Lessor) shall be paid out of the royalty herein provided. Should any one or more of the parties named herelnabove as Lassoes fail to execute this lease, it shall nevertheless be binding upon the party or parties executing the same. Vol. 13I pit, 9 12. Lessee. as successors and assigns, shall have the right at any time to surrender this lease, in whole or In pan, to Lessor or Lessors heire, representative, successors and assigns by del'Nedng or mailing a release thereof to the lessor, or by placing a release thereof record in the county in which said land is situated: thereupon Lessee shall be relieved from all obligations, express or implied, of this agreement as to the acreage so surrentlered, and thereafter the advance annual royalties payable hereunder shall be reduce in the propoNOn that the acreage covered hereby Is reduced by said release or releases, SEE EXHIBrr "A' ATTACHED HERETO AND MADE A PART HEREOF FOR ADDITIONAL LEASE PROVISIONS IN WITNESS WHEREOF, THIS INSTRUMENT IS EXECUTED AS OF THE DATE ABOVE WRITTEN BRAZOS COUNTY, TEXASA BY: RANDY SIM OUNTY DGE ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF BRAZOS This ImWmarn was acknowledged before me on this A it day of `{Pw'N U1C 2010, by RANDY SIMS. COUNTY JUDGE, for and on behalf of BRAZOS COUNTY. TEXAS. e Y LINDA M � Notary Publ , in and for Bra County, Texas �saS Elate WW. ieaas °r C�gmrpi 807/12112 Vol. 1.3q Pg'� EXHMIT "A" Attached to and made a part of that certain Paid -Up Oil, Gas and Mineral Lease dated September 21, 2010, by and between BRAZOS COUNTY, TEXAS, BY RANDY SIMS, COUNTY JUDGE, as Lessor(s), and Whittier Energy Company, as Lessee. 13. It is expressly agreed and understood that this lease covers oil and gas only, along with the related products and by- products produced in conjunction therewith, but this lease does not cover or include any other minerals of any type including uranium, thorium, and other fissionable materials, iron ore, lignite, copper, coal or any minerals of any type. 14. In the event a portion or portions of the land described in this lease are pooled or unitized with other land, lease or leases so as to form a pooled unit or units, operations for drilling, or reworking operations, on such unit or units, or production of oil or gas from such unit or units, or payment of shut-in gas royalties on a well or wells drilled on such unit or units, shall maintain this lease in effect only as to the portion or portions of the land described in this lease which are included in such unit or units; provided, however, in the event of pooling or unitization limited to a certain stratum, strata, mineral or minerals, this lease, as to all strata and minerals underlying the area within the surface boundaries of such unit, shall likewise be maintained in effect by such unit operations, production or shut -in gas royalty payments. As to any portion or portions of the land described in this lease which do not underlie the area within the surface boundaries of a pooled unit or units, this lease may be maintained in effect in any manner elsewhere provided in this lease, including, but not limited to, operations upon or production from such portion or portions of land, or by payment of shut -in gas well royalties or delay rentals payable only on the number of acres not within the surface boundaries of such unit or units. 15. After the expiration of the primary term of this lease, shut -in royalty payments provided for in Paragraph 4 shall be restricted to maintain this lease in force for a maximum of the primary term and three (3) years immediately thereafter, but not more than one (1) year for any one shut -in period. SIGNED FOR IDENTIFICATION: BRAZOS BY: R~ SIMS, COUNTY JUDGE Vol. W pg. a�I T O z K �W J J 0 i OU Um K m� �Jq V LL Vol. 139 pg. -/ g' . N a mm NOR. ((oo Nmm. ryry mN� AW $YINiI. 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OI CY �. jN r�'$N0.�0V "N�n Huy Nook bmm011°V, NWmin Nam N$rv�vx $Li$< rVSAN.$3nla 36M X305$o Q $N # „�N �$r mmN �$�' hf3R $3$ �e� nA Q m j Y mN$ P ° d a O mZ�z mDID nz mz�3� Wz,�� �z s�=z = z�z'.. a z i �'d a��d § �d'd 'dated 'd�d� I 'dj�d vo1. 139 Pg. q�( )\ \� g7 Vol. pg-� M \\ k\ � \�� � � / § \(\ e g7 Vol. pg-� M #y3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 49.1 thru 49.6 On this the 21st day of September 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 21st day of September 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 21st day of September 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Randy SA, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes 139 Vol. Pg• �� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 49.1 9/2112010 FUND DIV ACCT PROJ OR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 13,000.00 0100 28002000 65350000 DR Gasoline 13 000.00 Sheriff Office: Jail Administration Transfer of funds to over the pas oline expense thru ear-end. 1/3-A- q-7 Vol. Pg• BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 49.2 ant nm n FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase I Decrease 0100 11001500 61130000 CR Contin enc - General Fund 1,500.00 0100 30101100 65350000 DR Gasoline 1,500.00 Constable Pct #1: Transfer of funds to over the gas oline expense thru ear-end. Vol. — )3q Pg.___ BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 49.3 9121/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 3,000.00 0100 30401100 65350000 DR Gasoline 3,000.00 Constable Pct 44: Transfer of funds to over the 9 asoline cxlpense thru ear -end. Vol. 13 / Pg. ! / Pct #2: BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 49.4 9/21/2010 Increase thru /Do Vol. 139 P8• BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 49.5 an1nnan FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 10,396.00 0100 30401100 53300000 DR Employee Health Insurance 10,300.00 0100 30401100 53320000 DR Employee Dental Insurance 96.00 Constable Pet #4: Transfer of funds to cover the health insurance costs for the part-time position that was reclassified to a full -time position and the additional full -time position that was added to the department in FY 10. The health Insurance costs were not added during the FYI budget rocess. arre.My uj (Oafs` �_7/'14/2D3�I Vol. ( al Pg. ' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 49.6 9121/2010 Vol. 139 Pg. °a =laz ii i, � •� ' -® m 1111 �m .. Vol. 139 Pg. °a PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 21, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To County Judge Juvenile Magistrate 2 Special Investigations Unit Approved in Commissioners' Court: County Judge's or Commissioner's! (This Copy to be attached to minute; Mason, Stephanie Luna, Aida Reed, Debbie Guazzo, Gabriela Resignation Budget Change Budget Change Resignation V01--.11M Pg. i 0