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HomeMy WebLinkAbout2011-10-18-4:00PM-REGULARBRAZOSCOUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON OCTOBER 18, 2011 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 - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. 3. Presentation(s) Prese ntation from Research Valley Partnership Inc regarding the Texas Triangle Park. Consider and take action on agenda items 4 - 28: 4 Resolution 11 -021 Taxation of Goods -in- Transit. 5. Appointment of Commissioner Sammy Catalena to the Post Oak Resource Conservation and De v e lopment Board; term of appointment is effective until replaced. Commissio Cat alena will be replacing Judge Duane Peters. 6 Appo intment of Pete Caler to the Solid Waste Advisory Committee; term is e ffective until replaced. 7 Request approval for out of state travel for Travis Boeker and Karl Hengst to attend the 2011 Inter national Fairs and Expositions Convention to be held in Las Vegas Ne vada, Novem 27- Dec ember 1 2011 All travel expenses will be funded by the Brazos Valley Fa and Exposition. g Revised lob description for the DPS Clerk. I] 10. Cha nter 59 Asset Forfeiture Report for Constable Precinct 1 for the period 09/0 1/2010 - 0813 1/2011. 90 vo _ �.�. 11. Chapter 59 Asset Forfeiture Report for Constable Precinct 4 for the period 09/01/2010 - 08/3112011. 12. Chapter 59 Asset Forfeiture Report for District Attorney for the p eriod 09/01/2010 - 0813112011. 13. Consider a nd take action on proposed TAC Crime Coverage Insurance Policy 14. Ag reement with Arts Council of Brazos Valley for FY 2012. 15 Agreement with Mental Health Mental Retardation Authority of Bra Valley (MHMR) for F Y 2012. 16. Ac3reement with Brazos County Rape Crisis Center Inc. dba Sexual Assault Resource Center for FY 2012. 17 . Agreement with Brazos Animal Shelter Inc. for FY 2012. 18 . Agree with Brazos County Precinct 4 Volunteer Fire Dep Inc. for FY 2012. 19. Softwa License Agreement for Juvenile Services with Odyssey W are. 20. Re newal of contract with ProStar Industries for cleani supplies. 21. 22. 23. 24. Treasurer's Report for the month of August 2011. 25. 26. Budget Amendments. • Budget Amendments FY 10/11 53.1 -53.24 Budget Amendments FY 11/12 3.1 -3.5 27. Personnel Change of Status. Personnel Action Forms 28. Payment of Claims. 29 . Acknowled ement of the Brazos County Purchasing Department Update for the week of October 7 -13 2011. 30. Sheriff's report on inmate population. 31. Announcement of interest items and possible future agenda topics. 32. Call for Citizen input and /or concerns. 33. Adjourn. VOL Precinct 2. (Deposit to Account No. 01- 460650.) 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. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Commissioners Courtroom of the 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. VOL BRYANJEXAS MINUTES October 18, 2011 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Page 10- 18.pdf <' File Stamped Agenda.pdf Sign in sheet.ndf 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, October 18, 2011 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, 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. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. There was no citizen input. 3. Presentation(s) V0i. 5 Ve . 1 F3 BRAZOS COUNTY Presentation from Research Valley Partnership, Inc. regarding the Texas Triangle Park. Todd McDaniel, representing the Research Valley Partnership introduced Susan Vestal and Bob Farley who were present to discuss the Texas Triangle Park project. Ms. Vestal began by explaining that the location was known formerly as Next Generation Park. It will now be known as Texas Triangle Park. She and Mr. Farley went on to explain that Texas Triangle Park is a state of the art 1,100 acre master planned development located in the Research Valley, Texas. The park is designed to accommodate the needs of energy, advanced manufacturing and international trade companies. It sits in the middle of the Dallas -Fort Worth, Houston, San Antonio triangle made up of interstate highways and state roads. Applications have been submitted for Foreign Trade Zone status. With this designation companies that operate in foreign trade zones can defer, reduce or eliminate customs duties on foreign products admitted into zone for storage, exhibition, assembly, manufacture and processing. Having this status will help stimulate American economic growth and development because it encourages companies to expand their operations in the United States. Consider and take action on agenda items 4 - 28: 4. Resolution 11 -021 Taxation of Goods -in- Transit. LD Item 4.odf A copy of the Resolution is attached. Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 5. Appointment of Commissioner Sammy Catalena to the Post Oak Resource Conservation and Development Board; term of appointment is effective until replaced. Commissioner Catalena will be replacing Judge Duane Peters. Item 5.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 6. Appointment of Pete Caler to the Solid Waste Advisory Committee; term is effective until replaced. Item 6.pdf Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 7. Request approval for out of state travel for Travis Boeker and Karl Hengst to attend the 2011 International Fairs and Expositions Convention to be held in Las Vegas, Nevada, November 27- December 1, 2011. All travel expenses will be funded by the Brazos Valley Fair and Exposition. ED Item Todf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 8. Revised job description for the DPS Clerk. 15 Uol. a Pg [ 94 Item 8.pdf Approved as submitted. A copy of the job description is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 9. Request from the County Clerk for a variance of the Comp Time Policy, allowing employees of the County Clerk's Office until February 3, 2012 to take their accrued comp time earned while working the November General election and the possible December Special Run -Off election. ID Item 9.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 10. Chapter 59 Asset Forfeiture Report for Constable, Precinct 1 for the period 09/01/2010 - 08/31/2011. Item 10.pdf A copy is attached. Motion: Approve , Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 11. Chapter 59 Asset Forfeiture Report for Constable, Precinct 4 for the period 09/01/2010 - 08/31 /2011. ��-- Item 11.pdf A copy is attached Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 12. Chapter 59 Asset Forfeiture Report for District Attorney for the period 09/01/2010 - 08/31 /2011. Item 12.pdf A copy is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 13. Consider and take action on proposed TAC Crime Coverage Insurance Policy Item 13.pdf Commission Mallard asked Bill Jeanes, Risk Manager to speak to the Court on the coverage. The motion to approve the coverage document includes going with the $1,000 deductible policy. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Vol. it !,b t2 Pg. 1 Wassermann . 14. Agreement with Arts Council of Brazos Valley for FY 2012. 12) Item 14.pdf The County agrees to fund $8,000 for the year beginning October 1, 2011 and ending September 30, 2012 in exchange for the ACBV providing funding to assist local performing, visual, educational and literary arts groups. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 15. Agreement with Mental Health Mental Retardation Authority of Brazos Valley (MHMR) for FY 2012. ED Item 15.pdf The County agrees to fund $90,000 for the year beginning October 1, 2011 and ending September 30, 2012 in exchange for the Mental Health Mental Retardation Authority of Brazos Valley (MHMR) providing a continuum of mental health and mental retardation services and early childhood intervention services through available resources to eligible individuals. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 16. Agreement with Brazos County Rape Crisis Center, Inc. dba Sexual Assault Resource Center for FY 2012. Item 16.pdf The County agrees to fund $17,500 for the year beginning October 1, 2011 and ending September 30, 2012 in exchange for the Brazos County Rape Crisis Center providing services to victims of sexual assault and their families. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 17. Agreement with Brazos Animal Shelter, Inc. for FY 2012. Item 17.pdf The County agrees to fund $83,671 for the year beginning October 1, 2011 and ending September 30, 2012. The Brazos County Animal Shelter will accept each and every animal delivered to the facility and provide each and every animal with shelter, food, water and all other humane treatment of the same degree and kind that the shelter provides for all other animals which may come into its care, custody and control. Candy Galllego, Executive Assistant noted that funding would not begin until audited financial statements are received per the Brazos County Auditor's request. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . 18. Agreement with Brazos County Precinct 4 Volunteer Fire Department, Inc. for FY 2012. -1 Vol. 5 � I �� , Item 18.odf The County agrees to fund $29,000 for the year beginning October 1, 2011 and ending September 30, 2012 in exchange for the Brazos County Precinct 4 Volunteer Fire Department, Inc. providing fire protection services to any person who requests it within the confines of Precinct 4. A copy of the Agreement is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 19. Software License Agreement for Juvenile Services with Odyssey Ware. Item 19.pdf Term of the Leasing Agreement is for one year commencing September 1, 2011 at a cost to Brazos County of $20,495.00. Additional licenses may be added for $1,000.00. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 20. Renewal of contract with ProStar Industries for cleaning supplies. Item 20.pdf All terms, conditions, and pricing shall remain the same. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 21. Requisition # 00036014 to Austin Environmental in the amount of $4,500.00 for courthouse asbestos project design, consulting and air monitoring. Item 21.pdf Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 22. Requisition # 00036016 to Texas Department of State Health Services in the amount of $1,000 for the abatement of County Attorney area in the Brazos County Courthouse. Item 22.Ddf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 23. Requisition # 00036023 to Building Abatement Demolition Company in the amount of $11,700.00 for the abatement of the County Attorney Area in the Brazos County Courthouse. Item 23.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . 24. Treasurer's Report for the month of August 2011. Item 24.pdf A copy is attached. Voi. rg. 25. Request from Endeavor Natural Gas, LP to construct a road bore for installation of a 3" natural gas pipeline in the right -of -way of Mary Barton Road near its intersection with FM 974. Permit fee of $500.00 (Engelmann Land Services, LLC company check #1415) accompanies this request. Site is located in Precinct 2.(Deposit to Account No. 01- 460650.) Item 25.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 0 -0. 26. Budget Amendments. Budget Amendments FY 10/11 53.1 -53.24 t, Item 26- FY 11 Part 1.pdf Item 26- FY 11 Part 2.pdf 53.1 Recognize additional revenue for Health & Life Insurance Fund 53.2 Reallocate funds for HOT Market Reimbursement 53.3 Reallocate funds for County Attorney Operating Fund 53.4 Reallocate funds for County Clerk MGMT Fund 53.5 Reallocate funds for the Magistrate 53.6 Reallocate funds for County Court at Law #2 Administration 53.7 Reallocate funds for Justice of the Peace Precinct 2 Place 1 53.8 Reallocate funds for Justice of the Peace Precinct 2 Place 2 53.9 Reallocate funds for Justice of the Peace Precinct 4 53.10 Reallocate funds for Sheriff -Jail Administration 53.11 Reallocate funds for Inmate Commissary 53.12 Reallocate funds for Constable Precinct 3 53.13 Reallocate funds for Constable Precinct 4 53.14 Reallocate funds for TJPC -F Program Sanctions JPO 53.15 Reallocate funds for TJPC -O- Program Sanctions ISPO 53.16 Reallocate funds for Emergency Management 53.17 Reallocate funds for County Records Management 53.18 Reallocate funds for Courthouse Security Fund 53.19 Reallocate funds for Lab Administration 53.20 Transfer funds from Contingency - General Fund to Court Support -Civil 53.21 Reallocate funds for County Judge 53.22 Reallocate funds for Justice of the Peace Precinct 2 Place 1 53.23 Reallocate funds for District Clerk -Jury Services 53.24 Transfer funds from Contingency - General Fund to Court Support -Civil Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters , Wassermann . Budget Amendments FY 11 /12 3.1 -3.5 Item 26- FY 12.pdf 3.1 Reallocate funds for JP Technology Fund 3.2 Reallocate funds for Constable Precinct 1 3.3 Set up budget for FY 12 Brazos County Housing Finance Corporation 3.4 Reallocate funds for Road and Bridge Administration 3.5 Reallocate funds for Information Technology Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by 199' `V ®1. 1 5 Pg. - Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 27. Personnel Change of Status. Personnel Action Forms AD Item 27 forms.odf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Lloyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, , Mallard , Peters , Wassermann . 28. Payment of Claims. 7091587 through 7091815 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley , Mallard , Peters , Wassermann . Claims Sheet.odf BILL LIST 10.18.11.odf 29. Acknowledgement of the Brazos County Purchasing Department Update for the week of October 7 -13, 2011. ID Item 29.odf The Court acknowledged receipt of the Brazos County Purchasing Department Update. 30. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 625 inmates in jail, 65 have electronic monitors and 17 are pending for monitors. The Sheriff then thanked Judge Dana Zachary for her efforts in reducing the number of those pending for monitors and for speeding up the process. 31. Announcement of interest items and possible future agenda topics. There were no announcements. 32. Call for Citizen input and /or concerns. There was no citizen's input. 33. Adjourn. "01. The foregoing minutes of the Commissioners Court meeting held October 18 2011 have been examined and are approved in open Court this I S} day of J lDVM , 2011, in Bryan, Brazos County, Texas. 1 Duane Peters County Judge Sammy Catalena Commissioner, Precinct 2 -W Lloyd W ssermann Commissioner, Precinct 1 Y Yz ` Kenny Mallard Commissioner, Precinct 3 Irma Cauley �--� Commissioner, Precinct Attest: Vol i 5 a Page -190 BRAZOS COUNT'S COMMISSIONERS COURT Meeting on ��" " / (I , 20if (�) Y`� Name Organization / Department C Jul r47 Eid o Nv C, 11 C 1 /3 G CR <z .� c- t 1 je 61k-, UE I L7 PAGE of') • Vol. J fig-.... - BRAZOS COUNT' COMMISSIONERS COURT Meeting on CY �A + 20if @ Name Organization / Department �c) PAGE —, �, of )-- Vol. [ 5--� Pg. 19 � Resolution Goods -in- Transit Tax Exemption WHEREAS, on October 1, 2011, a legislative change to Section 11.253 of the Texas Tax Code (which provides a general exemption from property taxation for certain goods -in- transit personal property) takes effect and nullifies all previous local option actions taken by a Commissioners Court to provide for the taxation of goods -in- transit; and WHEREAS, the new statute also provides a local option for Commissioners Court to opt out of the exemption provided it takes official action to tax the goods -in- transit after October 1, 2011 and before January 1 of the first tax year in which the Commissioners Court proposes to tax goods -in- transit; and WHEREAS, the Brazos County Commissioners Court held a public hearing on the issue of taxing goods -in- transit on October 11, 2011; and WHEREAS, the Brazos County Commissioners Court finds that the goods -in- transit exemption as authorized by Section 11.253 of the Texas Tax Code is not in the best interest of Brazos County and further finds that more appropriate business incentives exist to encourage economic development and growth of business in Brazos County; NOW, THEREFORE, BE IT RESOLVED THAT THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS, as permitted by the Texas Constitution and Section 11.253 of the Texas Tax Code, hereby provides for the taxation of goods -in- transit otherwise exempt from taxation by Section 11.253 of the Texas Tax Code. DUL adopted e of the Commissioners Court of Brazos County, Texas on the day of 626V , 2011. Duane Peters, County Judge — W" [.t,l A,-(�� Co sioner Lloyd Wassermann Commissioner Sammy Catalena Precinct 1 Precinct 2 _17�7)d=_ - Commissioner y Malla Precinct 3 ,117, Vol. I G_"k pg. _ _ I -c. 3 BRAZOS COUNTY Job Description Class No: 133 Job Title: DPS Clerk Department: County Judge Reports To: DPS Area Sergeant FLSA Status: Non - Exempt EEOC Category: Office & Clerical Pay Group: 11 Prepared /Revised Date: October 5, 2011 Approved Date: SUMMARY While under the direct supervision of the DPS Area Sergeant, this position will primarily perform County duties. Other duties may be assigned by the DPS Sergeant after County duties have been successfully completed. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. 1. After notification to DPS by JP office that a defendant did not show up to Court date or defendant requests to go to trial, this position will then prepare probable cause affidavits and complaints 2. Verifies officer notification for court appearances, including a reminder notification to officers at least two (2) weeks before court date 3. Performs general clerical duties including typing documents, reports, and other correspondence, making copies, faxing documents, and tiling 4. Gathers and delivers videos as requested by County Attorney's Office on a weekly basis 5. Separates and distributes traffic tickets (citations) for court and officer copies on a weekly basis 6. Contacts DPS Officers, as necessary, for any missing information from probable cause statements and complaints 7. Works at the DPS Office Monday through Friday from 8am -5pm with a one (1) hour break for lunch 8. Attends JP Court Clerks training seminars at least every other year as scheduled by DPS Area Sergeant, the Administrative Justice of the Peace and the Texas Justice Court Training Center 9. Attends computer training updates locally with Brazos County Information Technology Department and outside agencies as required to maintain job proficiency 10. Schedules vacations and absences with the County Judge's Office 11. All other duties as assigned SUPERVISORY RESPONSIBILITIES This is a non - supervisory position. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and /or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. VOL — 11 6 'IN G1 L� EDUCATION and/or EXPERIENCE High school graduation, or its equivalent, or any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. KNOWLEDGE OF Personnel policies and procedures; standard office procedures, basic math, computer entry, and typing procedures SKILLS /ABILITY TO Establish and maintain effective working relationships with county and state employees, police officers, representative of governmental agencies, and the general public; communicate effectively, both orally and in writing; operate standard work processing and spreadsheet software; read and interpret standard policies and procedures. CERTIFICATES, LICENSES, REGISTRATIONS Valid Texas Drivers License. PHYSICAL DEMANDS The physical demands here are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit; use hands to finger, handle or feel; reach with hands and arms; and talk and hear. The employee frequently is required to stand and walk. The employee must occasionally lift and /or move objects weighing up to 20 pounds, such as files, stacks of records, or other similar objects. Specific vision abilities required by this job include close vision, and ability to adjust focus. The employee may be required to occasionally drive an automobile. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee must frequently perform multiple tasks simultaneously, change tasks, perform tedious exacting work, and work closely with others as part of a team that includes law enforcement officers. APPROVED 2 o JS �r Duane Peters Da County Judge a. I P tq5 FY 2011 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY Agency Name: Reporting Period: Brazos County Pct. 1 Constable (local fiscal year) 09/01/2010 - 08/31/201 Agency Mailing example: 01/01/11 to 12131111, Address: 12 845 FM 2154 Ste 140 09/01/10 to 08/31/11 etc. College Station, Texas 77845 Phone Number: 979 - 695 -0030 County: Brazos Email Address: This should be a permanent agency bb achmann @eo . bra zos . tx . us email address NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR. i. SEIZED FUNDS A) Beginning Balance: Instructions: Include total arnounl of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an account held by another agency, e.g., the District Attorney's account. B) Seizures During Reporting Period: instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is swom to by a peace officer employed by your agency. 1) Amount seized and retained in your agency's custody, $ -0- 2) Amount seized and transferred to the District Attorney pending forfeiture. $ -0- C) Interest Famed on Seized Funds During Reporting Period: Instructions: Enter amount of interest earned on funds in your agency's seizure ,account during the reporting period. Do not include interest earned if funds are on deposit in an account that does not belong to your agency, e.g. the District Attorney's account. D) Amount Returned to DefendantslRespondents: $ -0- E) Amount Transferred to Forfeiture Account: Instructions: Include all amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds that are in an account held by another agency, e.g. the District Attorney's account. $ 3 2 6 F) Ending Balance: Instructions: Add lines A, B(1), and C, subtract lines D and F., put total in line F. $ (3 2 6 ) forth Date 040 Page I WfNi 1 Ps. 19 � r" FORFEITED HINDS A) Beginning Balance: FORFEITED TO RETURNED TO DEFENDANTS l instructions: Include total amount of forfeited funds that have been forfeited to your currency amount. Example 4 cars seized, 3 cars agency and are on hand (in your agency's account or in your agency's possession) at RESPONDENTS beginning of the reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency. $ 2,792 B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period: tractor trailers, etc.) Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of forfeiture. $ 326 one item) C) Interest Earned on Forfeited Funds During Reporting Period 3) COMPUTERS (Include computer and attached .Instructions: Include only the amount of interest earned on funds in your agency's forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period. Do not include interest earned if funds are on deposit in an $ 10 one item) account that does not belong to your agency, e.g. the District Attorney's account. D) Proceeds Received by Your Agency From Sale of Forfeited Prnperty: 4) FIREARMS (Include only firearms seized for Instructions: Include amounts received for all property sold during the reporting period, even if the subject property was forfeited in a prior reporting period. $ 841 E) Total Expenditures of Forfeited Funds During Reporting Period: disposed under Chapter 18.) Instructions: From Total on Section VI. $ 886 F) Ending Balance: Instructions: Add lines A through D, subtract line E, place total in line F. $ 3 0 8 0 III. OT14ER PROPERTY Instructions: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Prnneriv in Certinn if ml in the renorting vear in which the proceeds are received. Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO DEFENDANTS l PUT INTO USE BY AGENCY currency amount. Example 4 cars seized, 3 cars AGENCY RESPONDENTS forfeited and 0 cars put into use. 1) MOTOR VEHICLES (Include cars, motorcycles, tractor trailers, etc.) 2) REAL PROPERTY (Count each parcel seized as one item) 3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as one item) 4) FIREARMS (Include only firearms seized for forfeiture under Chapter 54. Do not include weapons disposed under Chapter 18.) 5) Other Property -Description: Other Property - Description: Other Property- Description: Form Dale 6114711 Page 2 Vol. L 51 A Pg. I c r IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): B) Real Property (the number of separate parcels of property, not a currency amount): C) Computers (the number of computers, not a currency amount): D) Firearms (the number of firearms, not a currency amount): E) Other (the number of items, not a currency amount): V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): B) Real Property (the number of separate parcels of property, not a currency amount: C) Computers (the number of computers, not a currency amount): D) Firearms ( the number of firearms, not a currency amount): E) Other (the number of items, not a currency amount): VI, EXPENDITURES Instructions This category is for Chapter 59 expenditures SOLELY for taw enforcement purposes - not for expenditures made pursuant to your general budget, List the total amount expended for each of the following categories. if proceeds are expended for a category not listed, state the amount and nature of the expenditure under the Other category. A) SALARIES I . Increase of Salary, Expense, or Allowance for Employees (Salary Supplements): $ 2. Salary Budgeted Solely From Forfeited Funds: $ 3. Number of Employees Paid Using Forfeiture Funds: TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: $ -0- B) OVERTIME I . For Employees Budgeted by Governing Body: $ 2. For Employees Budgeted Solely out of Forfeiture Funds: $ 3. Number of Employees Paid Using Forfeiture Funds: TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS., $ -0- Page 3 Form Date 6116111 °Vol. 15:;k pg. t q S C) EQUIPMENT 1. Vehicles: $ 2. Computers: $ 3. Firearms, Vests, Personal Equipment: $ 4. Furniture: $ 5. Software: $ 6. Maintenance Costs: $ 886 7. Uniforms: $ 8. K9 Related Costs: $ 9. Other (Provide Detail on Additional Sheet): $ TOTAL EQUIPMENT PURCHASED W ITIi CHAPTER 59 FUNDS: D) SUPPLIES 1. Office Supplies: 2. Cellular Air Time: 3, lnternet: 4. Other (Provide Detail on Additional Sheet) : TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: E) TRAVEL 1. Total In State Travel a) Lodging. b) Air Fare: c) Meals (including per diem): d) Car Rental: 2. Total Out of State Travel a) Lodging: b) Air Fare: e) Meals (including per diem): d) Car Rental: 3. Fuel: 4. Parking: Foam Date 6114117 $ 686 $ $ $ $ peg. 4 S. Other (Provide Detail on Additional Sheet): J $ TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: $ -0- F) TRAINING L Fees (Conferences, Seminars): $ 2. Materials (Books, CDs, Videos, etc.): $ 3. Other (Provide Detail on Additional Sheet): $ TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS $ -0- G) INVESTIGATIVE COSTS 1. Informant Costs: $ 2. Buy Money: $ 3. Lab Expenses: $ 4. Other (Provide Detail on Additional Sheet) : $ TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: $ -0- H) TOTAL PREVENTIONITREATMENT PROGRAMSIFINANCIAL ASSISTANCE ]. Total PT6vention /Treatment Programs (pursuant to 59.06 (h), (I), (j): $ 2. Total Financial Assistance (pursuant to Articles 59.06 (n) and (o)): $ TOTAL PREVENTION /TREATMENT PROGRAMSIFINANCIAL $ ASSISTANCE (pursuant to Articles 59.06 (h), (1), Q), (n), (o)): - 0 I) FACILITY COSTS 1. Building Purchase: $ 2, Lease Payments: $ 3. Remodeling: $ 4. Maintenance Costs: $ S. Utilities: $ 6. Other (Provide Detail on Additional Sheet): $ TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ -0 J) MISCE LLANEOUS FEES 2. Filing Fees: Form Date 6114111 I. Cou Costs'. $ Vol. � Pg. O v rap 5 3. Insurance: $ 4. Witness Fees: $ 5. Audit Costs and Fees: $ 6_ Other (Provide Detail on Additional Sheet): $ TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: $ -0- K) TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO I $ LOCAL AGREEMENT: L) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed descriptions on additional sheet(s) and attach to this report): $ - 0 M) TOTAL EXPENDITURES: $ 886 NOTE: If you are governed by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification. CERTIFICATION I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency £or which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, 1 believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE, MAYOR or CITY MANAGER (Printed Name): �r — T�uan ,Pet - ers , Co zy�nty SIGNATURE: DATE: AGENCY HEAD CERTIFICATION I swear or affirn, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. AGENCY HEAD (Printed Name): Brian Bachm Constable Pct 1 SIGNATURE: Farm Dale 6114111 Page 6 DATE: RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 7871 1 -2548 Attn: Kent Richardson (51.2)936 -1348 Rents ichardson(cuoag. sta tc.tx.ns WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. Form No 6/74117 Page 7 'Vo1. FY 2011 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCENIEN'T AGENCY Agency Name: �J xw b a Agency Mailing Address: �p �� 1 • WV� J�ti Phone Number: _G 4314 14 Comity 1 ✓f Reporting Period: (� (local fiscal year) l y V ` example: 01 /01 /1 I to 12131111, 04/01/10 to 08/31/11 etc. Email Address: This should he a permanent agency email address NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR. 1• SEIZED FUNDS A) Beginning Balance: Instructions: Include total amount of seized funds on hand (in your agency's possession) at beginning of reporting period. Include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that are in an $ account held by another agency, e.g , the District Attorney's account. B) Seizures During Reporting Period: Instructions: Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency. l) Amount seized and retained in your agency's custody. $ - 2) Amount seized and transferred to the District Attorney pending forfeiture. $ C) Interest Earned on Seized Funds During Reporting Period. Instructions: Enter amount of interest earned on funds in your agency's seizure account during the reporting period. Do not include interest earned if funds are on deposit in an $ account that does not belong to your agency, e.g. the District Attorney's account. J J $ D) Amount Returned to Defenda _J E) Amount Transferred to Forfeiture Account: Instructions: Include all amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds that are in an account held by another agency, e.g. the District Attorney's account. $ JlJ F) Ending Balance: Instructions: Add lines A, B(I ), and C, subtract lines D and E, put total in line F. $ Page I Form Dale 6114/11 Vol. ._.� Pg. n�3 Il. FORFEITED FUNDS A) Beginning Balance: FORFEITED TO RETURNED TO Instructions: Include total amount of forfeited funds that have been forfeited to your currency amount. Example 4 cars seized, 3 cars agency and are on hand (in your agency's account or in your agency's possession) at DEFENDANTS / BY AGENCY beginning of the reporting period including interest. Do not include funds that have been forfeited but not yet received by your agency, B) Amount Forfeited to and Received by Reporting Agency (including Interest) During Reporting Period: tractor trailers, etc.) Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the judgment of forfeiture. $ C) Interest Earned on Forfeited Funds During Reporting Period Instructions: Include only the amount of interest earned on funds in your agency's 3) COMPUTERS (Include computer and attached forfeiture account or interest earned on funds derived from the sale of forfeited property during the reporting period. Do not include interest earned if funds are on deposit in an $ /I �1— account that does not belong to your agency, e.g. the District Attorney's account. D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period, 4) FIREARMS (Include only firearms seized for forfeiture under Chapter I S. Do not include weapons disposed Chapter 18.) evert if the subject property was forfeited in a prior reporting period. $ L-) Total Expenditures of Forfeited Funds During Reporting Period: Instructions: From Total on Section VI. $ F) Ending Balance: Instructions: Add lines A through D, subtract line E, place total in line F. $ OTHER PROPERTY Instructions: List the number of items seized for the following categories. Include only those seizures where a seizure is made by a peace officer employed by your agency. if property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Sec tion 11(D) in the reporting year in which the proceeds are received. Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO PUT INTO USE currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS / BY AGENCY forfeited and 0 cars put into use. RESPONDENTS 1) MOTOR VEHICLES (Include cars, motorcycles, tractor trailers, etc.) 2) REAL PROPERTY (Count each parcel seized as one item) 3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as item) /I �1— one 4) FIREARMS (Include only firearms seized for forfeiture under Chapter I S. Do not include weapons disposed Chapter 18.) under 5) Other Property - Description: Other Property - Description; Other Property - Description. _ Farm Due 6114. Page 2 11®r. IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): g) Real Property (the number of separate parcels of property, not a currency amount): C) Computers (the number of computers, not a currency amount): D) Firearms (the number of firearms, not a currency amount): F] Other (the number of items, not a currency amo V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your apenev prior to the transfer. A) M otor Vehicles (the number of vehic not a currency amount): B) Real Properly (the number of separate parcels of property, not a currency amount: C) Computers (the number of computers, not a currency amount): D) Firearms ( the number of firearms, not a currency amount): - - FA Other (the number of items, not a currency amount): V }, EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. If proceeds are expended for a category not listed, slate the amount and nature of the expenditure under the Other category. Al SALARIES } Increase of Salary Expense or Allowance for Employees (Salary Supplements): S 3. Number of Employees Paid Using Forfeiture Fun& rnrAr cer.aR1RS PAID OUT OF CHAPTER 59 FUNDS: B) OVERTIME 1. For Employees Budgeted by Governing Body . 2. For Emplo Budgeted Solely out of Forfeiture Funds: �YJ A Mirnher of Emolovee Pa U Forfeiture Funds: TOTAL OVERTIME PAID OUT OF CHAPTER 5 FUNDS: Form t)ate 6 , S 1 Y Page 7 Vol. 1 rJ Pg. a C) EQUIPMENT 1. Vehicles: $ 2. Computers: 1 Firearms, Vests, Personal Equipment: $ 4. Fumiture: $ 5. Software: $ 6. Maintenance Costs: $ 7. Uniforms: $ 8. K9 Related Costs: $ 9. Other (Provide Detail on Additional Sheet): $ TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: D) SU PPLIES f I. Office Supplies: 2. Cellular Air Time 3. Internet: Form Dale 6114/11 4. Other (Provide Detail on Additional Sheet) TOTAL SUPPLIES PURCHASED WITH CHAP 59 FUNDS: E) TRAVEL c Meals (including per diem): d) Car R ental: 2. Total Out of State Travel c) Meals (including per diem): d) Car Rental; 4. Parking: ®e me Me Me Me -e Me Me Me $ P.ge 4 Vol. pg. � IQ S, Other (Provide Detail on Additional Sheet) $ � TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: F) TRAINING 1. Fees (Conferences, Seminars): $ 2. Materials (Books, CDs, Videos, etc.)'. $ 3. Other (Provide Detail on Additional Sheet): TOTAL TRAINING PAID OUT OF CHAPTER 59 FENDS G) INVESTIGATIVE COSTS 1. Informant Costs: $ 2. Buy Money: $ 3. Lab Expenses: 4. Other (Provide Detail on Additional Sheet) : $ TOTAL INVESTIGATIVE COST'S PAID OUT OF CHAPTER 59 FUNDS: H) TOTAL. PREVENTION /TREATMENT PROGRAMS /FINANCIAL ASSISTANCE 1. Total PreventionlTreatment Programs (pursuant to 59.06 (h), 0), (j): $ 2, Total Financial Assistance (pursuant to Articles 59.06 (n) and (o)): $� TOTAL PRN:VENTION /TREATMENT PROGRAMSlF1NANCIAI. ASSISTANCE (pursuant to Articles 59.06 (h), (I), I) FACILITY COSTS 1. Building Purchase: 2, Lease Payments: 3. Remodeling: 4. Maintenance Costs: $ S. Utilities: 6. Other (Provide Detail on Additional Sheet): $ TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $ J) MISCELLANEOUS l . Court Costs: 2. Filing Fees: Page 5 Forth Date 6/14111 �o . �1 6 � Pg. a� 3. Insurance: a 4. Witness Fees: $ 5. Audit Costs and Fees: $ 6. Other (Provide Detail on Additional Sheet): $ TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPT 59 F $ K) TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO $ LOCAL AGREEMENT: L) TOTAL OTHER PAID OUT OF CHAPTER " FUNDS (provide detailed descriptions on additional sheets) and attach to this report): $ M) TOTAL EXPENDITURES: I 5 NOTE: If you are governed by a Commissioners Court or City Council, BOTH CERTIFICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification. CERTIFICATION I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE, MAYOR or CITY MANAGER (Printed Name): SIGNATURE: DATE- I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. AGENCY HEAD (Printed Name): SIGNATURE: Form Date 6114111 Page 6 , Ol. 1 Pg a b c AGENCY HEAD CERTIFICATION DATE: to -U -0 RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936 -1348 kent richardsonrcLoag.stale.tx.us WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. Page 7 Form pate 6114!11 Pg �,lnl. FREQUENTLY ASKED QUESTIONS WHO IS REQUIRED TO FILL OUT THIS FORM? Any agency that has the authority to receive property forfeited under Chapter 59 of the Code of Criminal Procedure or has the authority to hire peace officers is required to fill out this form and return to the Office of the Attorney General (OAG). This includes but is not limited to; I ) Airport Police 9) Police Departments 2) City Attorney' 10) Public Universities and Junior Colleges 3) City Marshal 1 1) School Districts with Police Departments 4) Constables 12) Sheriff Departments 5) County Attorney 13) State Agencies 6) District Attorneys 14) Task Forces 7) Fire Departments / Fire Marshal 15) Water Districts 8) Hospital Districts ' City attorneys are only required to fill out this form if their city has a population over 250,000. WHO IS REQUIRED TO PERFORM THE AUDIT? If an agency is governed by a Commissioner's Court or City Council, the Commissioners Court or City Council is required to perform the audit pursuant to Art. 59.06(g)(1) of the Code of Criminal Procedure_ For attorneys representing the state, this means that the Commissioners Court shall perform the audit (in a multi- county district, all commissioners courts in the district shall perform the audit). MY AGENCY IS REQUIRED TO FILL OUT THE FORM, BUT DOESN'T SEIZE ANY ASSETS - WHAT DO I DO? You may use the Chapter 59.069(1) Certification (available on our website) or simply fill out the form with zeros, sign, and return to the OAG. WHEN 1S THE REPORT DUE? Per the statute the report is due 60 days after the end of the agency's fiscal year except for District Attorneys. District Attorney reports are due 60 days after the end of the state fiscal year (08131). The OAG may give one fifteen day extension. WHAT TYPE OF SEIZURES AND EXPENDITURES TO REPORT. You are only required to report those seizures made pursuant to Chapter 59 of the Code of Criminal Procedure. You are only required to report those expenditures made out of funds forfeited pursuant to Chapter 59. You do not report federal seizures on this form. WHAT IF] HAVE CONFIDENTIAL EXPENDITURES THAT MIGHT COMPROMISE INVESTIGATIONS IF DETAILED IN THE REPORT? If breaking out confidential informant payments and buy money as shown on the form might compromise investigations, please fill out only the Total Investigative Costs line and attach an explanation of the reasons for this to the report. ,;iii• 1�!� _ Y'�• )j FY 2011 CHAPTER 59.06(1) CERTIFICATION Chapter 59.06 (1) provides that if your agency did not receive any proceeds or property, or expend any Chapter 59 funds, the agency shall report this no later than 30 days after the end of the appropriate fiscal year to the Office of the Attorney General. In order to streamline this process we are providing you with this certification: AGENCY HEAD CERTIFICATION I swear or affirrn, under penalty of perjury, that pursuant to Chapter 59.06 (1) that my agency did not receive proceeds or property under this chapter during the annual period as described by Subsection (g). I further swear or affirm that my agency did not spend any Chapter 59 funds. AGENCY HEAD (Printed Name):CC� e� , SIGNATURE: - -- DATE: AD RETURN 11 COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12545 Austin, TX 78711-2548 Attn: Kent Richardson (512)936 -1348 kent richardsonCqloag.state.tx.us WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. THANK YOU. voi. 5 �- Pg t FY 2011 Chapter 59 Asset Forfeiture Report by Attorney Representing the State B razos Co District Attorne ReporlingPeriod: 09/02/10- 08/31/11 Agency Name: -- (example: 911110- 08/31/11) Agency Mailing 300 F 26th St. Ste 310 Address: Bryan, Texas 77803 County, Brazos Pbonenumber: 979-361 -4320 bt urner@co.brazcs.tx.uS (This should be a permanent agency email address) Email Address NOTE: PLEASE ROUND ALL DOLLAR AMOUNTS TO NEAREST WHOLE DOLLAR I. SEIZED FUNDS A) Beginning Balance: Instructions: Include total amount of seized funds on hand (in your agency's possession) at the beginning afthe reporting period including interest. include funds that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include funds that arc in an account held by another agency, e.g. a police department's account. $ 15 6 , 4 9 9 B) Seizures During Reporting Period; 1) Amount Seized By Employees of Your Agency. occurred during the reptutingperiod and where the Instructions: Include only those seizures which seizure affidavit required by Article 59.01 is sworn to by a peace officer employed by your agency. 2) Amount Seized by Orba Agencies: Instructions: Include only amounts seized by other agencies in your jurisdiction and which have 126, 918 been transferred to your office for custody pending forfeiture. $ C) Forfeiture Petitions Filed For All Agencies You Represent: funds for which forfeiture petitions were filed Instructions; Enter the total amount of seized during the reporting period. Do not include amounts seized if a petition bas not beca,51nd. Note: this may include all or part of the funds listed in B above due to the 30 day limitations period on filing $ 12 S,495 P etitions. (ibis should be a currency amount, for example $1,000). D) Forfeitures Pending For All Agencies You Represent: Instructions; Enter the total amount of seized funds at the cod of the reporting period wbcre a forfeiture petition has been filed but no final judgment has been entered. Include amounts subject $ 179, 560 t npetitiun sfiledip prior reportingperiods. (This should be acurrenc amount, forexample $1,000). E) interest Earned on Seized Funds During Reporting Period: Instruct,' ons: Include only the amount of interest earned on seized funds of funds that may bave been forfeited but not yet transferred to your forfeiture account. Do not include interest earned on seized - 0- funds that are on deposit in an account that does not belong to your agency. S S 22,843 F) Amount Returned To D G) Amount Transferred to Forfeiture Account in agency's possession forfeited during the reporting period Instructions: Include all amounts your $ 19, 346 and transferred to your forfeiture account. p.gc 1 Form D.it 06114,'11 a� pg. H) Ending Balance: 241,228 Instructions: Add lines A 13(1) B(2) and E subtr lin F and G, place tota in line H. $ v- , avrTrrn vtTmnC A) Beginning Balance: Instructions: Include total amount of forfeited funds that have been forfeited to your agency and are on hand (in your agency's account or in your agency's possession) at the beginning of the reporting period including interest. Do not include funds that have been forfeited but have not yet 5 5 518 been received by your agency. S , B) Amount Forfeited For All Agencies You Represent and Covered by Local Agreement: Instructions: Enterthc total amount forfeited by all forfeiture judgments in your jurisdiction for the reportingyear. Do not includej udgments that we not yet final d' C to appeal or motions for new trial. 82, 015 Include interest that was forfeited as part of the judgment. y 1) Amount Forfeited and Transferred to all Agencies Covercd by Local Agreement: Instructions: Do not include amounts forfeited but not yet transferred to these agencies. lnclude 62 6 6 9 interest that bas been forfeited as part of the judgment. S 2) Amount Forfeited and Received by Your Agency: Do include forfeited but not yet received by your agency. Do not include Instructions: not amounts amounts awarded to other agencies. Include interest that was forfeited as part of the judgment. $ 19,346 C) Interest Earned on Forfeited Funds During Reporting Period: Instructions: Include only the amount of interest earned on forfeited funds or interest earned on funds derived from the sale of forfeited property. Do not include interest atnounts that Wert reported in line B2 above. Do not include interest earned if funds are on deposit in an account that dots not 226 belong to your agency. S D) Proceeds Received by Your Agency From Sale of Forfeited Property: Instructions: Include amounts received for all property sold during the reporting period, even if -0 the subject property was forfeited in a prior reporting period. E E) Total Expenditures of Forfeited Funds During Reporting Period: 24,520 Instructions: From Total on Section VI. S F) Amount deposited to State Treasury to the Credit of the General Revenue Fund Due to Lack of Local 0 Agreement (Art. 54.06 (a)): G) Ending Balance: Instructions: Add lines A, B(2), C and D, subtract lines E and F, place total in line G. 5 50,S70 F— dale 06R 4113 Pa6c 2 Vol. �` Pg.— a ' 3 III, OTHER PROPERTY Instructions: List the number ofeases filed, pending, or disposed for the following categories. List as "pending" only cases where a petition was filed. List as "seized" only those seizures where a scizurc is made by a peace officer employed by your agency. If property is sold list under "Proceeds Received by Your Agency from Sale of Forfeited Property" in Section 11 (D) in the reporting year in which the proceeds ar rec Please Note: these should be a number, not a cunency amount. For example: 4 pending, 3 seized, 12 new petitions, etc ,,.. MOTOR VEHICLES (Include cars, motorcycles, tractor trailers, etc.) REAL PROPERTY (Count each parcel seized as one item) COMPUTERS Include computer and attached system components, such as printers and monitors as one item) FIREARMS (Include only firearms seized for forfeiture under Chpt. 59. Do not include weapons disposed of under Chpt. 1 B) OTHER (Include description) Pending for all agencies at beginning of reporting period: Q, Seized by your agency during reporting period: J New petitions filed for all agencies during reparting period: 1 3 O Forfeited to your agency during reporting period: Q Z] Put into service by your agency during reporting period: i� t t! Q Pending for all agencies at end of reporting Period: j I i 1 V �D JV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded nwncrshin of the property to another agency prior to the tr A 1 M ntor Vehicles (the number of vehicles, n ot a currency amount): R1 Real Property ('tire number of separate parcels of prop". not a currency amount 4 tJ CI Commuters (the number of computers, not a currency amount): 0 F;rearms (the number of firearms, not a currency amount): F1 Other (the number of items, not a currency amount): V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instructions: Enter the total number of items transferred from your agency where the fortcirure judgment awarded owoershin of the property to your agency prior to the tra N ✓Me , he Al Motor Vehicles (the number of vehicles, not a currency amount): r o 131 Real Property (the Dumber of separate parcels of prop not a currency amount): I �/ Fa— DW W14111 Page 3 C) C omputers (the number of computers, not a currency a 1. Increase of Salary, Expense., or Allowance for Employers (Salary Supplements): S 2. Salary Budgeted Solely From Forfeited Funds: S 15,166 3. Number of employees Paid Using Forfeiture Funds: 4 TOTAL S ALARIES P OUT O F CIIAPTER 59 FUNDS: S 15, 166 D) F irearms (the number of firearms, not a currency amount): E) Other (the number of items, not a currency amount): V1. EXPENDITURES Instructions: This category is for Chapter 59 expenditures SOLELY for the official purposes of the office of the attorney representing the stale - not for expenditures made pursuant to your general budget. List the total amount expended for each of the following categories. if proceeds are expended for a category not listed, state the attlnupt and nature of the expenditure under the Other Categury_ A) SAL B) OVERTIME 1. For employees Budgeted by Governing Body: TOTAL OVERT PAID O OF CRAFTER 59 FUNDS: 2, Fo Employees Budgeted Solely out of Forfeiture Funds: v S EQUIPMENT s 15 4 Vehicles: S 2. $ IS 3. N umber of employees Paid Using Forfeiture Funds: C) EQUIPMENT 1. Vehicles: S 2. Computers: $ 3. Firearms, Vests, Personal Equipment: $ 4. Furniture: S 5. Software: $ 6. Maintenance Costs: S 7. Uniforms: S S. K9 Related Costs: S 9. Other (Provide Dctail on Additional Sheet): $ TOTAL EQUIPMENT PURCf3ASED WITH CHAPTER 59 FUNDS: DI SUPPLIES 1. Office Supplies: Form DsI, 06/14111 S -0- S 200 Page 4 2. Cellular Air Time: $ 3. Internet: S 4. Other (Provide Detail on Additional Sheet): S TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: S 200 E) TRAVEL 1. Total In State Travel S a) Lodging: $ b) Air Fare: S c) Meals (including per diem): $ d) Car Rental: S 2. Total Out of State Travel $ 1 s ,089 a) Lodging: S 1,202 b) Air Fare: c) Meals (including per diem): $ 416 S 313 d) Car Rental: 3. Fuel : S S 36 4. Parking: 5. other (Provide Detail on Additional Sbeet): S TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: S 3, 056 F) TRAINING 1. Fees (Coofercocts, Seminars): S 1, 990 2. Materials (Books, CDs, Videos, etc.): S 3. Other (Provide Detail on Additional Sheet): S 59 FUNDS TOTAL TRAINING PAID OUT OF CHAPTER : S 1,990 G) INVESTIGATIVE COSTS 1. Infomrxnt Costs: $ 2, Buy Money: S 3. Lab Expenses: S 4. Other (Provide Detail on Additional Sheet): S TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: form De. 06/14111 Ptge 3 V® U) PREVENTIONITREATMENT PROGRAMSIFINANCIAL ASSISTANCE (pursuant to Articles 59.06 (b), 0), 0), (n), (a)) I. Total PrCVCntioulTreatment Programs (pursuant to 59.06 (h). (1), 2. Total Financial Assistance (pursuant to 59.06 (n) and (o)): S TOTAL PREVENT]ONITREA'TMENT PROGRAMS /FINANCIAL ASSISTANCE (PURSUANT TO ARTICLES 59.06(h), (1), 0), (n), (o)): S I) FACILITY COSTS I. Building Pmchase: $ 1 Lease Payments: $ 3. Remodeling: $ 4. Maintenance Costs: S 5. Utilities: S S 6. Other (Provide Detail on Additional Sbect) : TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: S n MISCELLA FE ES. 1. Cou Cos 2. Fi ling Fees 3, l 4. Wi t ne ss Fe 5. A udit Costs and Fees: 6. Ot her (Provide Detail on Additional Sbcot) : TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: S S $ 380 $ S 3,996 S 4,376 K. TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO S 0 LOC AGREEMENT I,) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed S -0 des criptions on additional sbeet(s) and attach to this report): TOTAL EXPENDITURES: $ 24,803 P•ge 6 Foan Dac 0644111 VOL 1 5 °� p �" `� BOTH THE COMMISSIONERS COURT AND ATTORNEY REPRESENTING THE STATE CERTIFICATIONS MUST BE COMPLETED NOTE: ART. 59.06(g)(1) requires the Commissioners Court to perform the audit. CERTIFICATION I swear or affirm that the Commissioners Court has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after due inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE (Printed Name): � - -- Duarte Pete -9, —t ��r nty J dge SIGNATURE: Brazos COUNTY: IQ DATE:__ CERTIFICATION I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure ofall proceeds and property subjectto Chapter 59 ofthe Code of Criminal Procedure, and thatupon diligent inspection of ail relevant documents and supporting materials, I believe tbat this asset forfeiture report is true and correct and contains all information required under Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and were made in accordance with Texas law. ATTORNEY REPRESENTING THE STATE (Elected Official) (Printed William Turner, District Attorney Name): SIGNATURE: DATE: 7 RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.D. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936 -1348 E -mail: kent richardson(4oag.state.tx.us WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. F- Nit 0611411 P.Z. 7 V o l. I �a ek' a l Fs Brazos County District Attorney FY 2011 Chapter 59 Asset Forfeiture Report Additional Information VI. Expenditures J) Miscellaneous Fees 6. Other: Annual Bar Dues, Food & Food Supplements, one -time donation to TDCAA, Accounting correction Vol. —� —pg a-I�t FREQUENTLY ASKED QUESTIONS WHO IS REQUIRED TO FILL OUT THIS FORM? Any agency that has the authority to receive property forfeited under Chapter 59 of the Code of Criminal Procedure or has the authority to hire peace officers is required to fill out this form and return to the Office of the Attomcy General (OAG). This includes but is not limited to: 1) Airport Police 2) City Attorney* 3) City Marshal 4) Constables 5) County Attorney 6) District Attorneys 7) Fire Departments /Fire Marshal 8) Hospital Districts 9) Police Departments 10) Public Universities and Junior Colleges l 1) School Districts with Police Departments 12) Sheriff Departments 13) State Agencies 14) Task Forces 15) Water Districts ' City attorneys are only required to fill out this form if their city has a population over 250,000. WHO IS REQUIRED TO PERFORM THE AUDIT? If an agency is governed by a Commissioner's Court or City Council, the Commissioners Court or City Council is required to perform the audit pursuantto Art. 59.06(g)(I) of the Code of Criminal Procedure_ For attorneys representing the state, this means that the Commissioners Court shall perform the audit (in a multi - county district, all commissioners courts in the district sball perform the audit). MY AGENCY IS REQUIRED TO FILL O UT THE FORM, BUT DOESN'T SEIZE ANY ASSETS -WHAT DO I DO? You may use the Chapter 59.069(1) Certification (available on our website) or simply fill out the form with zeros, sign, and return to the OAG. WHEN IS THE REPORT DUE? Per the statute the report is due 60 days after the end of the agency's fiscal year except for District Attorneys. District Attorney reports are due 60 days after the end of the state fiscal year (08/31). The OAG may give one fifteen day extension. WHAT TYPE OF SEIZURES AND EXPENDITURES TO REPORT: You are only required to report those seizures made pursuant to Chapter 59 of the Code of Criminal Procedure. You are only required to report those expenditures made out of funds forfeited pursuant to Chapter 59. You do not report federal seizures on this form. WHAT IFI HAVE CONFIDENTIAL EXPENDITURES THAT MIGHT COMPROMISE INVESTIGATIONS IF DETAILED IN THE REPORT? Ifbreaking out confidential informant payments and buy money as shown on the form might compromise investigations, please fill out only the Total Investigative Costs line and attach an explanation of the reasons for this to the report. 1• 4 V `YZ TEXAS ASSOCIATION of COUNTIES RISK MANAGEMENT POOL Cou xt CRIME COVERAGE DOCUMENT TABLE OF CONTENTS Page GENERALPROVISIONS ............................. -.... ...... - ................ . .............................................................. 2 A . General Exclusions. ................................................................................... .............................. B . General Conditions .................................................................................... .............................. C. General Definitions ..................................................... ............................... ....._.................7 COMMON COVERAGE DOCUMENT CONDITIONS ................................................ .............................. PUBLIC EMPLOYEE DISHONESTY COVERAGE FORM (COVERAGE FORM 0) ... .............................11 FORGERY OR ALTERATION COVERAGE FORM (COVERAGE FORM B) ............. .............................14 THEFT, DISAPPEARANCE AND DESTRUCTION COVERAGE FORM (COVERAGE FORM C) ..........16 ROBBERY AND SAFE BURGLARY COVERAGE FORM (COVERAGE FORM D) ... .............................19 MONEY ORDERS AND COUNTERFEIT PAPER CURRENCY COVERAGE FORM . .............................23 (COVERAGE FORM R) APPROVED Duane Peters Date County Judge TAC RMP - CREME (1 -1 -08) 1 Board Approved 9.29 -07 5 I � VOVOL 'I Pg. CRIME GENERAL PROVISIONS Various provisions in this COVERAGE DOCUMENT restrict coverage_ Read the entire COVERAGE DOCUMENT carefully to determine rights, duties and what is or is not covered. Words and phrases in quotation marks are defined in the COVERAGE DOCUMENT. Unless stated otherwise in any Crime Coverage Farm, DECLARATIONS or endorsement, the following General Exclusions, General Conditions and General Definitions apply to all Crime Coverage Forms forming part of this COVERAGE DOCUMENT. A. GENERAL EXCLUSIONS The POOL will not pay for loss as specified below: 1. Governmental Action: Loss resulting from seizure or destruction of property by governmental authority. 2. Indirect Loss: Loss that is an indirect result of any act or "occurrence" covered by this COVERAGE DOCUMENT including, but not limited to, toss resulting from: a. The MEMBER'S inability to realize income that the MEMBER would have realized had there been no loss of, or loss from damage to, Covered Property. b. Payment of damages of any type for which the MEMBER is legally liable. But, the POOL will pay compensatory damages arising directly from a loss covered hereunder. C. Payment of costs, fees or other expenses the MEMBER incurs in establishing either the existence or the amount of loss hereunder. 3. Legal Expenses: Expenses related to any legal action. 4. Nuclear: Loss resulting from nuclear reaction, nuclear radiation or radioactive contamination, or any related act or incident. 5. War and Similar Actions: Loss resulting from war, whether or not declared, warlike action, insurrection, rebellion or revolution, or any related act or incident. 6. Pollution B. GENERAL CONDITIONS 1. Consolidation - Merger: if through consolidation or merger with, or purchase of assets of, some other entity: a. Any additional persons become "employees", or b. The MEMBER acquires the use and control of any additional "premises "; any coverage afforded for "employees" or "premises" also applies to those additional "employees" and "premises ", but only if the MEMBER: a. Gives the POOL written notice within thirty (30) days thereafter; and b. Pays the POOL an additional CONTRIBUTION. TAC RMP— CRIME (1 - -08) Board Approved 8 -29 -07 2 VOL F� 2. Coverage Extensions: Unless stated otherwise in the COVERAGE DOCUMENT, the POOL'S liability under any Coverage Extension is part of, not in addition to, the Limit of Coverage applying to the Coverage or Coverage Section. 3. Discovery Period for Loss: The POOL will pay only for covered loss discovered no later than one year from the end of the policy period. 4. Duties in the Event of Loss: After the MEMBER discovers a loss or a situation that may result in loss of, or loss from damage to, Covered Property the MEMBER must: a. Notify the POOL as soon as possible; b. Submit to examination under oath at our request and give the POOL a signed statement of the MEMBER'S answers; C. Give the POOL a detailed, sworn proof of loss within 120 days; d. Cooperate with the POOL in the investigation and settlement of any claim. e. Aid in pursuing recovery against third parties_ 5. Joint MEMBER a. If more than one MEMBER is named in the DECLARATIONS, the first named MEMBER will act for itself and for every other MEMBER for all purposes of this coverage. If the first named MEMBER ceases to be covered, then the next named MEMBER will become the first named MEMBER. b. If any MEMBER or official of that MEMBER has knowledge of any information relevant to this coverage, that knowledge is considered knowledge of every MEMBER. C. An "employee" of any MEMBER is considered to be an "employee" of every MEMBER. d. If this COVERAGE DOCUMENT or any of its coverage forms is cancelled or terminated as to any MEMBER, loss sustained by that MEMBER is covered only if discovered no later than one year from the date of that cancellation or termination. e. The POOL will not pay more for loss sustained by more than one MEMBER than the amount the POOL would pay if all the loss had been sustained by one MEMBER. 6, Legal Action Against The POOL: The MEMBER may not bring any legal action against the POOL involving loss: a. Unless the MEMBER has complied with all the terms of this COVERAGE DOCUMENT; and b. Until 90 days after the MEMBER has filed proof of loss with the POOL; and C. Unless brought within 2 years from the date the MEMBER discovers the loss. TAC RMP— CRIME (] -] -08) Board Approved 8 -29 -07 3 7. Loss Covered Under More Than One Coverage Form of This COVERAGE DOCUMENT: If two or more Coverage Forms of this COVERAGE DOCUMENT apply to the same loss, the POOL will pay the lesser of: a. The actual amount of loss; or b. The sum of the limits of COVERAGE applicable to those Coverage Forms_ 8. Loss Sustained During Prior Coverage or Insurance a. If the MEMBER, or any predecessor in interest, sustained loss during the period of any prior coverage or insurance that the MEMBER or any predecessor in interest could have recovered under that coverage or insurance except that the time within which to discover loss had expired, the POOL will pay for it under this coverage, provided; (1) This coverage became effective at the time of cancellation or termination of the prior coverage; and (2) This loss would have been covered by this coverage had it been in effect when the acts or events causing the loss were committed or occurred. b. The coverage under this Condition is part of, not in addition to, the Limits of Coverage applying to this coverage and is limited to the lesser of the amount recoverable under: (1) This coverage as of its effective date; or (2) The prior coverage or insurance had it remained in effect. 9. Loss Covered Under This Coverage and Prior Coverage or Insurance Issued by The POOL or any Affiliate If any loss is covered: a_ Partly by this coverage; and b. Partly by any prior cancelled or terminated coverage or insurance that the POOL or any affiliate had issued to the MEMBER or any predecessor in interest; the most the POOL will pay is the larger of the amount recoverable under this coverage or the prior coverage or insurance. 10. Non - Cumulation of Limit of Coverage Regardless of the number of years this coverage remains in force or the number of CONTRIBUTIONS paid, no Limit of Coverage cumulates from year to year or period to period. 11. Other Coverage or Insurance This coverage does not apply to loss recoverable or recovered under other coverage, insurance or indemnity. However, if the limit of the other coverage, insurance or indemnity is insufficient to cover the entire amount of the loss, this coverage will apply to that part of the loss, other than that falling within any Deductible Amount, not recoverable or recovered under the other coverage, insurance or indemnity, but not for more than the Limit of Coverage. TAC RMP- CRIME(] -1-08) Board Approved 8 -29 -07 Vol. - t 5 A Pg. 9Lor)4 12. Ownership of Property; Interest Covered: The property covered hereunder is limited to property: a. That the MEMBER owns or holds; or b. For which the MEMBER would be legally liable for monetary damages in the event of loss or destruction. However, this coverage is for the MEMBER'S benefit only. It provides no rights or benefits to any other person or organization. 13. Agreement Period a. The Agreement Period is shown in the DECLARATIONS. b. Subject to the Loss Sustained During Prior Coverage or Insurance condition, the POOL will pay only for loss that the MEMBER sustains through acts committed or events occurring during the Agreement Period. 14, Records The MEMBER must keep records of all Covered Property so the POOL can verify the amount of any loss, 15. Recoveries a. Any recoveries, less the cost of obtaining them, made after settlement of loss covered hereunder will be distributed as follows: (1) To the MEMBER, until the MEMBER is reimbursed for any loss that the MEMBER sustains that exceeds the Limit of Coverage and the Deductible Amount, if any; (2) Then to the POOL, until the POOL is reimbursed for the settlement made; (3) Then to the MEMBER, until the MEMBER is reimbursed for that part of the loss equal to the Deductible Amount, if any. b. Recoveries do not include any recovery; (1) From insurance, suretyship, reinsurance, security or indemnity taken for the POOL'S benefit; or (2) Of original "securities" after duplicates of them have been issued. 16. Territory: This coverage covers only acts committed or events occurring within the United States of America. 17. Transfer of The MEMBER'S Rights of Recovery Against Others to The POOL: The MEMBER must transfer to the POOL all the MEMBER'S rights of recovery against any person or organization for any loss the MEMBER sustained and for which the POOL has paid or settled. The MEMBER must also do everything necessary to secure those rights and do nothing after loss to impair them. TAC RMP —CRIME (1 -1 -08) Board Approved 9 -29 -07 5 Pg. 18. Valuation - Settlement a. Subject to the applicable Limit of Coverage provision, the POOL will pay for: (1) Loss of "money' but only up to and including its face value. The POOL may, at the POOL'S option, pay for loss of "money' issued by any country other than the United States of America: (a) At face value in the "money" issued by that country; or (b) In the United States of America dollar equivalent on the day the loss was discovered. (2) Loss of "securities" but only up to and including their value at the close of business on the day the loss was discovered. The POOL may, at the POOL'S option: (a) Pay the value of such "securities" or replace them in kind, in which event the MEMBER must assign to the POOL all the MEMBER'S rights, title and interest in and to those "securities' (b) Pay the cost of any Lost Securities Bond required in connection with issuing duplicates of the "securities ". However, the POOL will be liable only for the payment of so much of the cost of the bond as would be charged for a bond having a penalty not exceeding the lesser of the: (I) Value of the "securities" at the close of business on the day the loss was discovered; or (ii) Limit of Coverage. (3) Loss of, or loss from damage to, "property other than money and securities" or loss from damage to the "premises" for not more than the: (a) Actual cash value of the property on the day the loss was discovered; (b) Cost of repairing the property or "premises "; or (c) Cost of replacing the property with property of like kind and quality. The POOL may, at the POOL'S option pay the actual cash value of the property or repair or replace ft. If the POOL cannot agree with the MEMBER upon the actual cash value or the cost of repair or replacement, the value or cost will be determined by arbitration. b. The POOL may, at the POOL'S option pay for loss of, or loss from damage to, property other than "money ": (1) In the "money" of the country in which the loss occurred; or (2) In the United States of America dollar equivalent of the "money' of the country in which the loss occurred determined by the rate of exchange on the day the loss was discovered. TAC RMP - CRIME (I -1 -08) Board Approved 8.29 -07 VOL Pg. C. Any property that the POOL pays for or replaces becomes the POOL'S property. d. In the event arbitration is utilized, each party will select a competent and impartial arbitrator. The two arbitrators will select an umpire. If they cannot agree for 15 days upon such umpire, either may request that selection be made by a judge of a court having jurisdiction. The arbitrators will state separately the value of the property and amount of loss. If they fail to agree, they will submit their difference to the umpire. A decision agreed to by any two will be binding. Each party will: (1) Pay its chosen arbitrator; and (2) Bear the other expenses of the arbitration and umpire equally. If the FOOL_ submits to an arbitration, the POOL will still retain the right to deny the claim. C. GENERAL DEFINITIONS 1. "Employee" means: a. An officer of a MEMBER; b. Any natural person: (1) While in the MEMBER'S service (and for 30 days after termination of service); and (2) Whom the MEMBER compensates directly by salary, wages or commissions; and (3) Whom the MEMBER has the right to direct and control while performing services for the MEMBER; or C. Any natural person employed by an employment contractor while that person is subject to the MEMBER'S direction and control and performing services for the MEMBER excluding, however, any such person while having care and custody of property outside the "premises ". But "employee" does not mean any: a. Agent, broker, factor, commission merchant, consignee, independent contractor or representative of the same general character; or b. Director, officer or trustee except while performing acts coming within the scope of the usual duties of an "employee ". 2. "Money" means: a. Currency, coins and bank notes in current use and having a face value; and b. Travelers checks, register checks and money orders held for sale to the public. 3. "Property Other Than Money and Securities" means any tangible property other than "money" and "securities" that has intrinsic value but does not include any property listed in any Coverage Form as Property Not Covered. TAC PUMP — CRNE(r -k -08) Board Approved 8 -29.07 7 A44p1. ) 5 0' - k 9. 0-a-] 4. "Securities" means negotiable and non - negotiable instruments or contracts representing either "money' or other property and includes: a. Tokens, tickets, revenue and other stamps (whether represented by actual stamps or unused value in a meter) in current use, and b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by the MEMBER, but does not include "money'. TAC RMP — CRIME (] -] -08) Hoard Approved 8 -29 -07 Vol. 15 a, P )- -)- COMMON COVERAGE DOCUMENT CONDITIONS All Coverage Forms included in this COVERAGE DOCUMENT are subject to the following conditions. A. CANCELLATION 1. The MEMBER shown in the DECLARATIONS may cancel this COVERAGE DOCUMENT by mailing or delivering to the POOL advance written notice of cancellation. 2. The POOL may cancel this COVERAGE DOCUMENT by mailing or delivering to the MEMBER written notice of cancellation at least: a. 10 days before the effective date of cancellation if the POOL cancels for nonpayment of CONTRIBUTION; or b. 60 days before the effective date of cancellation if the POOL cancels for any other reason; 3. The POOL will mail or deliver our notice to the MEMBER'S last mailing address known to the POOL. 4. Notice of cancellation will state the effective date of cancellation. The Agreement period will end on that date. 5. If this COVERAGE DOCUMENT is cancelled, the POOL will send the first Named MEMBER any CONTRIBUTION refund due. If the POOL cancels, the refund will be pro rata. if the MEMBER cancels, the refund may be less than pro rata. The cancellation will be effective even if the POOL has not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. CHANGES This COVERAGE DOCUMENT contains all the agreements between the MEMBER and the POOL concerning the coverage afforded. The MEMBER shown in the DECLARATIONS is authorized to make changes in the terms of this COVERAGE DOCUMENT only with the POOL'S consent. This COVERAGE DOCUMENT's terms can be amended or waived only by endorsement issued by the POOL and made a part of this COVERAGE 00CUMENT. C. EXAMINATION OF THE MEMBER'S BOOKS AND RECORDS The POOL may examine and audit the MEMBER'S books and records as they relate to this COVERAGE DOCUMENT at any time during the AGREEMENT period and up to three years afterward. D. INSPECTIONS AND SURVEYS The POOL has the right but is not obligated to: Make inspections and surveys at any time; 2. Give the MEMBER reports on the conditions the POOL finds; and TAC RMP -CRIME (1-1-08) Board Approved 8 -29 -07 9 'Vol. � � ° I Pg. � � / 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the CONTRIBUTION to be charged. The POOL does not make safety inspections. The POOL does not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And the POOL does not warrant that conditions: 1, Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to the POOL, its contractors, agents and reinsurers, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. E. CONTRIBUTIONS The MEMBER shown in the DECLARATIONS: 1. Is responsible for the payment of all CONTRIBUTIONS; and 2. Will be the payee for any return of CONTRIBUTIONS the POOL pays. F. TRANSFER OF THE MEMBER'S RIGHTS AND DUTIES UNDER THIS COVERAGE DOCUMENT The MEMBER'S rights and duties under this COVERAGE DOCUMENT may not be transferred without the POOL'S written consent. TAC RMP — CRIME (1 -1 -08) Board Approved 8 -29 -07 10 mol. 6 0- � pg. C;L 3 PUBLIC EMPLOYEE DISHONESTY COVERAGE FORM (COVERAGE FORM O -PER LOSS) A. COVERAGE The POOL will pay for loss of, and loss from damage to Covered Property resulting directly from the Covered Cause of Loss. Covered Property: "Money, securities," and "property other than money and securities ". 2. Covered Cause of Loss: a. "Employee dishonesty b. Failure of any "employee' to faithfully perform his or her duties as prescribed by law, when such failure has as its direct and immediate result a loss of the MEMBER'S Covered Property, including inability to faithfully perform those duties because of a criminal act committed by a person other than an "employee ". 3. Coverage Extension and Limitation Employees Temporarily Outside Coverage Territory: The POOL will pay for loss caused by any "employee" while temporarily outside the territory specified in the Territory General Condition for a period not more than 90 days. 8. LIMIT OF COVERAGE The most the POOL will pay for loss in any one "occurrence" is the applicable Limit of Coverage shown in the DECLARATIONS. C. DEDUCTIBLE The POOL will not pay for loss in any one "occurrence" unless the amount of loss exceeds the Deductible Amount shown in the DECLARATIONS. The POOL will then pay the amount of loss in excess of the Deductible Amount, up to the Limit of Coverage. 2. The MEMBER must: a. Give the POOL notice as soon as possible of any loss of the type covered under this Coverage Form even though it falls entirely within the Deductible Amount. b. Upon the POOL'S request, give the POOL a statement describing the loss. D. ADDITIONAL EXCLUSIONS, CONDITIONS AND DEFINITIONS: In addition to the Provisions in the Crime General Provisions Form, this Coverage Form is subject to the following: Additional Exclusions: The POOL will not pay for loss or damages as specified below: TAC RMP - CRIMF (1-1-08) Board Approved 8 -29 -07 ID Vol. t�� Pg. gz� a, Employee Cancelled Under Prior Coverage or Insurance: loss caused by any "employee" for whom similar prior coverage or insurance has been cancelled and not reinstated since the last such cancellation. b. Inventory Shortages: loss, or that part of any loss, the proof of which as to its existence or amount is dependent upon: (1) An inventory computation; or (2) A profit and loss computation. C. Bonded Employee: loss caused by any "employee" required by law to be individually bonded. d. Treasurer or Tax Collector: loss caused by a treasurer or tax collector by whatever name known. e. Damages: damages for which the MEMBER is legally liable as a result of: (1) The deprivation or violation of the civil rights of any person by an "employee "; or (2) The tortious conduct of an "employee ", except conversion of property of other parties held by the MEMBER in any capacity. f. Depository Failure: Loss resulting from the failure of any entity acting as a depository for the MEMBER'S property or property for which the MEMBER is responsible. g. Pollution Damage or Losses: Loss caused by employee or MEMBER conduct or omission which constitutes violation of any state or federal law, regulation, rule or administrative order or common law duty and results in actual, alleged or threatened discharge, release or escape of pollutants including any loss, cost or expense arising out of any governmental direction or request that the member test for, monitor clean -up, remove, contain, treat, detoxify or neutralize pollutants. 2. Additional Conditions: a. Cancellation As To Any Employee: This insurance is cancelled as to any "employee ": (1) Immediately upon discovery by the MEMBER or any official or employee authorized to manage, govern or control the MEMBER'S employees, of any act on the part of an "employee" whether before or after becoming employed by the POOL_ which would constitute a loss covered under the terms of this Coverage Form. (2) On the date specified in a notice mailed to the MEMBER. That date will be at least 60 days after the date of mailing. The mailing of notice to the MEMBER at the last mailing address known to the POOL will be sufficient proof of notice. Delivery of notice is the same as mailing. TACRMP- CRONE (1 -1 -09) Board Approved 8 -29-17 12 Vol. 5 pg. b. Sole Benefit: This coverage is for the MEMBER'S sole benefit. No legal proceeding of any kind to recover on account of loss under this coverage may be brought by anyone other than the MEMBER. C. Indemnification: The POOL will indemnify any of the MEMBER'S officials who are required by law to give bonds for the faithful performance of their service against loss through the failure of any "employee" under the supervision of that official to faithfully perform his or her duties as prescribed by law, when such failure has as its direct and immediate result a loss of the MEMBER'S Covered Property, including inability to faithfully perform those duties because of a criminal act committed by a person other than an "employee'. 3. Additional Definitions a. "Employee Dishonesty' in paragraph A.2, means only dishonest acts committed by an "employee ", whether identified or not, acting alone or in collusion with other persons, with the manifest intent to: (1) Cause the MEMBER to sustain loss; and also (2) Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit sharing, pensions or other employee benefits earned in the normal cause of employment) for: (a) The "employee'; or (b) Any person or organization other than the employing political subdivisions, intended by the "employee" to receive that benefit. b. "Occurrence' means all loss caused by, or involving, one or more "employees ", whether the result of a single act or series of acts. TAC RMP -CRIME (1 -1 -05) Board Approved 9 -29 -07 13 3 FORGERY OR ALTERATION COVERAGE FORM (COVERAGE FORM B) A. COVERAGE The POOL will pay for loss involving Covered Instruments resulting directly from the Covered Causes of Loss. Covered Instruments: Checks, drafts, promissory notes, or similar written promises, orders or directions to pay a sum certain in "money' that are: Made or drawn by or drawn upon the MEMBER; b. Made or drawn by one acting as the MEMBER'S agent; or that are purported to have been so made or drawn. 2. Covered Causes Of Loss: Forgery or alteration of, on or in any Covered Instrument. 3. Coverage Extension Legal Expenses: If the MEMBER is sued for refusing to pay any Covered Instrument on the basis that it has been forged or altered, and the MEMBER has the POOL'S written consent to defend against the suit, the POOL will pay for any reasonable legal expenses that the MEMBER incurs and pay in that defense. The amount the POOL will pay under this extension is in addition to the Limit of Coverage applicable to this coverage. B. LIMIT OF COVERAGE The most the POOL will pay for loss in any one "occurrence" is the applicable Limit of Coverage shown in the DECLARATIONS. C. DEDUCTIBLE The POOL will not pay for loss in any one "occurrence" unless the amount of loss exceeds the Deductible Amount shown in the DECLARATIONS. The POOL will then pay the amount of loss in excess of the Deductible Amount, up to the Limit of Coverage. This provision does not apply to legal expenses paid under the Coverage Extension. D. ADDITIONAL EXCLUSIONS, CONDITIONS AND DEFINITIONS In addition to the provisions in the Crime General Provisions Form, this Coverage Form is also subject to the following: Additional Exclusion Acts of Employees, Officers, Directors, or Trustees: The POOL will not pay for loss resulting from any dishonest or criminal act committed by any of the MEMBER'S "employees ", officers, directors, or trustees: a. Whether acting alone or in collusion with other persons; or b. Whether while performing services for the MEMBER or otherwise. Additional Conditions TAC RMP— CRIME (I.1 -08) Board Approved 8 -29 -07 14 Vol. t5a Pg. -�Sq a. Facsimile Signatures: The POOL will treat mechanically reproduced facsimile signatures the same as handwritten signatures. b. General Amendment: As respects this Coverage Form, the words Covered Property in the Crime General Provisions Form mean Covered Instruments. C. Proof of Loss: The POOL must include with the MEMBER'S proof of loss any instrument involved in that loss, or, if that is not possible, an affidavit setting forth the amount and cause of loss. d. Territory: The POOL will cover loss the MEMBER sustains anywhere in the world. The Territory General Condition does not apply to this Coverage Form. 3. Additional Definition "Occurrence" means all loss caused by any person or in which that person is involved, whether the loss involves one or more instruments. TAC RMP- CRIME (I - 1-08) Board Approved 9.29 -07 15 Vol. 15 Pg. ,�35 THEFT, DISAPPEARANCE AND DESTRUCTION COVERAGE FORM (COVERAGE FORM C) A. COVERAGE The POOL will pay for loss of Covered Property resulting directly from the Covered Causes of Loss. 1. Section 1 - Inside The Premises a. Covered Property. "Money" and "securities' inside the "premises" or a "banking premises ". b. Covered Causes of Loss (1) "Theft" (2) Disappearance (3) Destruction C. Coverage Extensions (1) Containers of Covered Property: The POOL will pay for loss of, and loss from damage to, a locked safe, vault, cash register, cash box or cash drawer located in the 'premises" resulting directly from an actual or attempted: (a) "Theft" of; or (b) Unlawful entry into those containers. (2) Premises Damage: The POOL will pay for loss from damage to the "premises' or its exterior resulting directly from an actual or attempted "theft" of Covered Property if the MEMBER is the owner of the "premises" or is liable for damage to it. 2. Section 2 - Outside the Premises a. Covered Property: "Money" and "securities" outside the "premises" in the care and custody of a "messenger". b. Covered Causes of Loss (1) "Theft" (2) Disappearance (3) Destruction TAC RMP -CRIME (1 -1 -08) Board Approved 1-29 -07 lb Vol. 15 `� p a3 � C. Coverage Extension Conveyance of Property By Armored Motor Vehicle Company: The POOL will pay for loss of Covered Property resulting directly from the Covered Causes of Loss while outside the "premises" in the care and custody of an armored motor vehicle company. But, the POOL will pay only for the amount of loss that the MEMBER cannot recover. (1) Under the MEMBER'S contract with the armored motor vehicle company; and (2) From any insurance or indemnity carried by, or for the benefit of customers of, the armored motor vehicle company. B. LIMIT OF COVERAGE The most the POOL will pay for loss in any one "occurrence" is the applicable Limit of Coverage shown in the DECLARATIONS. C. DEDUCTIBLE The POOL will not pay for loss in any one "occurrence" unless the amount of loss exceeds the Deductible Amount shown in the DECLARATIONS. The POOL will then pay the amount of loss in excess of the Deductible Amount, up to the Limit of Coverage. D. ADDITIONAL EXCLUSIONS, CONDITIONS AND DEFINITIONS: In addition to the provisions in the Crime General Provisions Form, this Coverage Form is subject to the following: 1. Additional Exclusions: The POOL will not pay for loss as specified below: a. Accounting or Arithmetical Errors or Omissions: Loss resulting from accounting or arithmetical errors or omissions. b. Acts of Employees, Directors, Trustees or Representatives: Loss resulting from any dishonest or criminal act committed by any of the MEMBER'S "employees ", directors, trustees or authorized representatives: (1) Acting alone or in collusion with other persons; or (2) While performing services for the MEMBER or otherwise. C. Exchanges or Purchases: Loss resulting from the giving or surrendering of property in any exchange or purchase. d. Fire: Loss from damage to the "premises" resulting from fire, however caused. e. Money Operated Devices: Loss of property contained in any money operated device unless the amount of "money' deposited in it is recorded by a continuous recording instrument in the device. Transfer or Surrender of Property (1) Loss of property after it has been transferred or surrendered to a person or place outside the "premises" or "banking premises ": TAC RMP — CRIME (1 -1 -08) Board Approved 8 -29 -07 17 Vol. p c �_ 3 -7 (a) On the basis of unauthorized instructions; or (b) As a result of a threat to do: i. Bodily harm to any person; or ii. Damage to any property. (2) But, this exclusion does not apply under COVERAGE, Section 2. to loss of Covered Property while outside the "premises" or "banking premises" in the care and custody of a "messenger' if the MEMBER: (a) Had no knowledge of any threat at the time the conveyance began; or (b) Had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat. g. Vandalism: Loss from damage to the "premises" or its exterior or to containers of Covered Property by vandalism or malicious mischief. h. Voluntary Parting of Title to or Possession of Property: Loss resulting from the MEMBER, or anyone acting on the MEMBER'S express or implied authority, being induced by any dishonest act to voluntarily part with title to or possession of any property. 2. Additional Condition Duties in the Event of Loss: If the MEMBER has reason to believe that any loss of, or loss from damage to, Covered Property involves a violation of law, the MEMBER must notify the police. 3. Additional Definitions a. "Banking Premises" means the interior of that portion of any building occupied by a banking institution or similar safe depository. b. "Messenger' means the MEMBER or any "employee" while having care and custody of the property outside the "premises." C. "Occurrence" means an: (1) Act or series of related acts involving one or more persons; or (2) Act or event, or a series of related acts or events not involving any person. d. "Premises" means the interior of that portion of any building the MEMBER occupies in conducting the MEMBER'S business. e_ "Theft" means any act of stealing. TAC RMP —CRIME (I -1 -08) Board Approved 8 -29 -07 is 1 5 a Pg a3� ROBBERY AND SAFE BURGLARY COVERAGE FORM (COVERAGE FORM D) A. COVERAGE The POOL will pay for loss of, and loss from damage to Covered Property resulting directly from the Covered Causes of Loss. 1. Section 1 - Inside The Premises a. Robbery of a Custodian (1) Covered Property: "Property other than money and securities" inside the "premises" in the care and custody of a "custodian ". (2) Property Not Covered: Motor vehicles, trailers, or semi - trailers or equipment and accessories attached to them, (3) Covered Cause of Loss: Actual or attempted "robbery". (4) Coverage Extension Premises Damage: The POOL will pay for loss from damage to the "premises" or its exterior resulting directly from the Covered Cause of Loss, if the MEMBER is the owner of the "premises" or is liable for damage to it. b. Safe Burglary (1) Covered Property: "Property other than money and securities" inside the "premises" in a safe or vault. (2) Covered Cause of Loss: Actual or attempted "safe burglary'. (3) Coverage Extension Premises, Safe and Vault Damage: The POOL will pay for loss from damage to: (a) The "premises" or its exterior, or (b) A locked safe or vault located inside the "premises "; resulting directly from the Covered Cause of Loss, if the MEMBER is the owner of the property or liable for damage to it. 2. Section 2 - Outside The Premises a. Covered Property: "Property other than money and securities" outside the "premises" in the care and custody of a "messenger". b. Property Not Covered: Motor vehicles, trailers or semi- trailers or equipment and accessories attached to them. C. Covered Cause of Loss: Actual or attempted "robbery". TAC FLMP- CRIME (I -1 -08) 19 Board Approved 8.29 -07 Vol. I E; Q_ Pg. J,5 / d. Coverage Extension Conveyance Of Property By Armored Motor Vehicle Company: The POOL will pay for loss of, and loss from damage to, Covered Property resulting from the Covered Cause of Loss while outside the "premises" in the care and custody of an armored motor vehicle company. But, the POOL will pay only for the amount of loss the MEMBER cannot recover: (1) Under the MEMBER'S contract with the armored motor vehicle company; and (2) From any insurance or indemnity carried by, or for the benefit of customers of the armored motor vehicle company. B. LIMIT OF COVERAGE The most the POOL will pay for loss in any one "occurrence" is the applicable Limit of Coverage shown in the DECLARATIONS. C. DEDUCTIBLE The POOL will not pay for loss in any one "occurrence" unless the amount of loss exceeds the Deductible Amount shown in the DECLARATIONS_ The POOL will then pay the amount of loss in excess of the Deductible Amount up to the Limit of Coverage. D. ADDITIONAL EXCLUSIONS, CONDITIONS AND DEFINITIONS: In addition to the provisions in the Crime General Provisions Form, this Coverage Form is subject to the following: Additional Exclusions: The POOL will not pay for loss as specified below: a. Acts of Employees, Officers, Directors, Trustees or Representatives: Loss resulting from any dishonest or criminal act committed by any of the MEMBER'S "employees ", directors, trustees or authorized representatives: (1) Acting alone or in collusion with other persons; or (2) While performing services for the MEMBER or otherwise. b. Fire: Loss resulting from fire, however caused, except loss from damage to a safe or vault. C. Transfer or Surrender of Property: (1) Loss of, or loss from damage to, property after it has been transferred or surrendered to a person or place outside the "premises ": (a) On the basis of unauthorized instructions; or (b) As a result of a threat to do: i. Bodily harm to any person; or ii. Damage to any property. TAC RMP - CRIME (1 -1 -08) Board Approved 9-29 -07 20 Vol. 1 5 9 Pg P- 4-0 (2) But, this exclusion does not apply under COVERAGE, Section 2. to loss of Covered Property while outside the "premises" in the care and custody of a "messenger", if the MEMBER: (a) Had no knowledge of any threat at the time the conveyance began; or (b) Had knowledge of a threat at the time the conveyance began, but the loss was not related to the threat. d. Vandalism: Loss from damage to any property by vandalism or malicious mischief. 2. Additional Conditions a. Duties in the Event of Loss: If the MEMBER has reason to believe that any loss of, or loss from damage to, Covered Property involves a violation of law, the MEMBER must notify the police. b. Special Limit of Insurance for Specified Property: The POOL will only pay up to $1,000 for any one "occurrence" of loss of, and loss from damage to: (1) Precious metals, precious or semi - precious stones, pearls, furs, or completed or partially completed articles made of or containing such materials that constitute the principal value of such articles; or (2) Manuscripts, drawings, or records of any kind or the cost of reconstructing them or reproducing any information contained in them. 3. Additional Definitions a. "Custodian" means the MEMBER or any "employee" while having care and custody of the property inside the "premises ", excluding any person while acting as a 'Watchperson" or janitor. b. "Messenger" means the MEMBER or any "employee" while having care and custody of the property outside the "premises ". C. "Occurrence" means an: (1) Act or series of related acts involving one or more persons; or (2) Act or event, or a series of related acts or events not involving any person. d. "Premises" means the interior of that portion of any building the MEMBER occupies in conducting the MEMBER'S business. e. "Robbery" means the taking of property from the care and custody of a person by one who has: (1) Caused or threatened to cause that person bodily harm; or (2) Committed an obviously unlawful act witnessed by that person. TAC RMP — CRIME (1 -1 -08) Board Approved 8 -29.07 21 Vol. 1 5 0 , p © 2 41 "Safe Burglary" means the taking of (1) Property from within a locked safe or vault by a person unlawfully entering the safe or vault as evidenced by marks of forcible entry upon its exterior; and (2) A safe or vault from inside the "premises ". 'Watchperson" means any person the MEMBER retains specifically to have care and custody of property inside the "premises" and who has no other duties. TAC RMP — CRIME (1 -1 -08) 12 Board Approved 8 -29-07 MONEY ORDERS AND COUNTERFEIT PAPER CURRENCY COVERAGE FORM (COVERAGE FORM R) A. COVERAGE The POOL will pay for loss due to the acquisition of Covered Property resulting directly from the Covered Cause of Loss. 1. Covered Property: a. Money orders, including counterfeit money orders, of any United States or Canadian post office, express company or national or state (or Canadian) chartered bank; and b. Counterfeit United States or Canadian paper currency. 2. Covered Cause of Loss Acceptance in good faith, in exchange for merchandise, money or services, of: a. Any money order that is not paid upon presentation; and b. Counterfeit United States or Canadian paper currency; that is acquired during the regular course of business. B. LIMIT OF COVERAGE The most the POOL will pay for loss in any one 'occurrence" is the applicable Limit of Coverage shown in the Declarations. C. DEDUCTIBLE The POOL will not pay for loss in any one "occurrence" unless the amount of toss exceeds the Deductible Amount shown in the Declarations. The POOL will then pay the amount of loss in excess of the Deductible Amount, up to the Limit of Coverage. D. ADDITIONAL EXCLUSIONS, CONDITION AND DEFINITION In addition to the provision in the Crime General Provisions, the Coverage Form is subject to the following: 1. Additional Exclusions: The POOL will not pay for loss as specified below: a. Acts of Employees, Directors, Trustees or Representatives Loss resulting from any dishonest or criminal act committed by any of your "employees ", directors, trustees or authorized representatives: (1) Acting alone or in collusion with other persons. or (2) While performing services for you or otherwise. b. Exchanges or Purchases Loss resulting from the giving or surrendering of property in any exchange or purchase. c. Voluntary Parting of Title or Possession Of Property Loss resulting from your, or anyone acting on your express or implied authority, being induced by any dishonest act to voluntarily part with title to or possession of any property. 2. Additional Condition TAC RMP- CRIME (1-1-08) Roard Approved 8 -29 -07 23 a y3 vol. pg. Duties In The Event of Loss: If you have any reason to believe that any loss of, or loss from damage to, Covered Property involves a violation of law, you must notify the police. 3. Additional Definition "Occurrence" means an: a. Act or series of related acts involving one or more persons: or b. Act or event, or series of related acts or events not involving any person. TAC AMP —CRIME (] -1 -08) Board Approved 8 -29 -07 24 Von. 150� , a 41 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND ARTS COUNCIL OF BRAZOS VALLEY THIS AGREEMENT FOR THE FUNDING ( "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 Brazos County acting by and through its Commissioners Court, duly authorized to act, hereinafter referred to as ( "County "). RECITALS: WHEREAS, 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 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, Texas merchants; and Arls Council of Bra=os Valley Agreement Page 1 of 5 Vol. 15 p g . L} WHEREAS, ACBV has provided funding to assist local performing, visual, educational and literary arts groups, (collectively "Services "). NOW, THEREFORE, COUNTY and ACBV hereby agree as follows: AGREEMENT 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 $8,000-00 ( "Funds ") for the year beginning October 1, 2011 and ending September 30, 2012. Payment of such sum will be paid upon receipt of invoice. Ill. ACBV agrees to provide an annual account of how the Funds were 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. ACCOUNTING AND AUDIT ACBV agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. ACBV agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. ACBV agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. ACBV agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the ACBV under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the ACBV. Arts Council of Braros Valley Agreement Page 2 of S I 1 5 Pg• C 2 �(P Annual financial statements (audited if available) are due to County within six (6) months of completion. V. 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 sole discretion, to be necessary for the Court to justify its continued participation in supporting the ACBV with funding. Such records shall be retained for at least three (3) 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. Vt. 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. VII. 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. VIII. COUNTY INVOLVEMENT 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 Arts Council of Bra_os Valley Agreement .Page 3 q f 5 Vol. Pg carrying out of this Agreement or the services to which it relates has personal interest direct or indirect, in this Agreement. IX. GOVERNING LAW This Agreement shall be executed in and shall be governed by the laws of the State of Texas. X. 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 Commissioners Court 200 So. Texas Ave. No. 310 Bryan, Texas 77803 XI. 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. XII. 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. XIII. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, Arts Council of Bra_os Valley Agreemew Page d of S `Vol. �`� Pg. CP-'+ S 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. XIV. ASSIGNABILITY This Agreement is not assignable by the ACBV without the prior written consent of the County. WITNESS OUR HANDS this � day of 1 2011. Arts Council of Brazos Valley, Inc M By: — ----., lefn Wilkim5ew, President S «e. LC:e. Aris Council of Bra=os Valley Agreement Brazos County, Texas Duane Peters, County Judge Page 5 of 5 Vol. 1 o� p a + C1 FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY This Agreement for Funding ( "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, 2011 and ending September 30, 2012. RECITALS 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, 2011 and ending September 30, 2012, 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 Agreement and subject to other provisions of this Agreement, and all applicable laws, the parties agree as follows: AGREEMENT 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. 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 Agreement Page 1 of 5 'Vol. p 0 2 Du 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 $90,000.00 ( "Funds "), to be paid to MHMR as follows: a) $50,000.00 for the Early Childhood Intervention Program ( "ECI ") based on the local "maintenance of effort" which requires local dollars to match $1,690,329.00 in federal and state ECI dollars, and b) $24,000.00 for Rehabilitative Case Management which includes psychiatric crisis related services, which is part of the local match requirement, and c) $16,000.00 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, 2011 through September 30, 2012 only, and will be paid wholly from funds available in that budget year and that no County funding for subsequent budget years is authorized or implied by this Agreement; RESPONSIBILITIES OF MHMR under this Agreement: 1) 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 Agreement 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 this Agreement and should any amounts be expended for any other purpose, they shall not qualify for payment or reimbursement; and 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 Agreement in the same format as the quarterly report submitted to the Texas Department of State Health Services; +b1HMR Agreemeni Page 2 of S Vol. P-1 /- 15 Q Pg. 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 Agreement in the same format as the monthly report submitted to the Texas Department of Assistive and Rehabilitative Services; Term and Termination This Agreement shall be effective from the period from October 1, 2011 to September 30, 2012 unless otherwise terminated prior to that time. 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 portion of the Agreement to be terminated. A party may also terminate its performance under this Agreement 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 Agreement 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 Agreement as of the thirtieth (30'") 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 thirty (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. Parties in Interest This Agreement shall bind and benefit the County and MHMR 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. Applicable Laws This Agreement 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 States of America and all rules and regulations of any regulatory body or officer having jurisdiction. This Agreement is performable in Brazos County, Texas. AMAIR Agreement Page 3 of 5 vol. 15 0-( P a 5a 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: MHMR: Brazos County Commissioners Court Bill Kelly, County Administration Building Executive Director 200 South Texas Avenue, Ste, 310 1504 S. Texas Avenue Bryan, Texas 77803 Bryan, Texas 77802 Audits 2. MHMR agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. MHMR agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. MHMR agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. MHMR agrees that County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which County provided funds to the MHMR under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the MHMR. Annual financial statements (audited if available) are due to County within six (6) months of completion. Ambiguities ties In the event of any ambiguity in any of the terms of this Agreement, 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 Agreement 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 Agreement. MHMR MHMR Agreement Page 4 of S Vol. 15 a Pg ;153 shall comply with all applicable governmental and professional requirements, regulations and/or standards in performance of services under this agreement. � Signed this 1 U Q day of nCklb _ , 2011. Mental Health Mental Retardation Authority of Brazos Valley Bill Kelly, Executive Director ATTEST: Brazos County By' Duane Peters, Brazos County Judge / h� � 11'6z al V P Karbn McQueen Brazos : . Co MILWR Agreement Page S of 5 �5� Vol. 5 �` P9. FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY RAPE CRISIS CENTER, INC. DBA SEXUAL ASSAULT RESOURCE CENTER THIS FUNDING AGREEMENT ( "Agreement ") IS ENTERED INTO BY AND BETWEEN BRAZOS COUNTY, TEXAS, acting by and through its duly elected County Commissioners (hereinafter "County "), and the BRAZOS COUNTY RAPE CRISIS CENTER, INC., dba Sexual Assault Resource Center (hereinafter "Provider "), located in Bryan, Texas, and is effective October 1, 2011. RECITALS: WHEREAS, the County has the objective of providing support services to the victims of sexual assault; and WHEREAS, the Provider shares this common goal with the County; and WHEREAS, the County desires to assist the Provider in providing support services to victims of sexual assault through funds provided by the County. NOW THEREFORE, the parties agree to the following terms and conditions to provide such support services. AGREEMENT TERM This Agreement shall be for a term of twelve (12) months commencing on the 1 5Y day of October, 2011, and terminating 30 day of September, 2012. CANCELLATION This Agreement may be canceled by any parties hereto upon sixty (60) days written notice as provided herein. SERVICES TO BE PERFORMED BY PROVIDER The Provider will provide services to victims of sexual assault and their families. These services will include: a 24 -hour hotline and 24 -hour escort service; one -to -one counseling; group counseling; community awareness programs; Speaker's Bureau; training and supervision of volunteers; training for law enforcement agency personnel, the medical community, clergy, staff of the District Attorney's office and psychologists (collectively "Services "). Sexual Assault Resource Center Agreement Page I of 5 Vol. I E; A pg. d 65 USE OF COUNTY FUNDS Funds to be furnished to Provider as stated herein be used to offset operational expenses of the Provider, including rent, telephone expenses, and office supplies, as described in Exhibit "A" attached hereto and made a part hereof for all purposes. COUNTY'S LIABILITY FOR PAYMENT The County agrees to fund the Provider a maximum amount of money totaling $ 17,500.00 for the term of this Agreement ( "Funds "). RESPONSIBILITIES OF PROVIDER Provider will be responsible for providing the following services pursuant to this Agreement: 1. Maintaining this Agreement; 2. Providing of Services; 3. Maintaining data files on clients and the Services provided thereto; 4. Respond to all and any inquiries by the County. 5. Provider agrees that the County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Provider agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Provider agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Provider agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which the County provided funds to the Provider under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Provider. 6. Provider will provide the County with any and all certified audits conducted by Provider and the management letter prepared in connection therewith; Sexual Assault Resource Center Agreement Pave 2 uj5 VOL �� p 7. Provider will provide the Commissioners Court with statistics evidencing the number of Brazos County residents using the Provider's Services. RESPONSIBILITY OF COUNTY The County shall be responsible for the following duties and requirements: 1. Provide County Funds. 2. Conduct a. review of the Provider's performance in providing the Services to be provided hereunder in order to assess County's continued participation in the funding of the Provider. RECORD RETENTION The Provider shall be responsible for record keeping on all Services provided to those individuals using its services and all financial records. 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 County to justify its continued participation in supporting the Provider with Funds. Such records shall be retained for at least three (3) 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 Provider shall not discriminate against any employee or applicant for employment because of race, color, 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 limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate 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 action or omission or negligence on the part of each party hereto. Sexual Assault Resource Center Agreement Page 3 of 5 Vol. 1 pg. a5 7 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. COUNTY INVOLVEMENT 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 Agreement or the Services to which it relates has personal interest, direct or indirect, in this Agreement. 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 Rape Crisis Center, Inc. P.O. Box 3082 Bryan, Texas 77805 Confidential Physical Location: 3131 East 29 Street, Bldg C, Bryan, TX. 77802 Brazos County Commissioners Court County Administration Building 200 So. Texas Ave. No. 310 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. Sexual Assault Resource Center Agreement Pa 4 of 5 Vol. 11 C� p 02 s 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 shall not be affected thereby. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties 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 Agreement, which are not fully expressed herein. ASSIGNABILITY This Agreement is not assignable by the Provider without the prior written consent of the County. DATED this S__ day of A1C __________ 2011. Brazos County Brazos County Rape Crisis Center, Inc. dba Sexual Assault Resource Center DUANE PETERS, Judge - --- -- -- - - - -- - ---- - - -- -- DR. NA Y WELCH, President ATTEST: Sexual Assault Resource Center agreement ATT T: E cutive Director 1Ka_ Gllow�hcc�'r� Page5of5 Vol. 1 5 p 025 1f AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2011 – September 30, 2012 THE STATE OF TEXAS § COUNTY OF BRAZOS § This Agreement is made this 9, 01 day of October, 2011, by and between The Brazos Animas Shelter, Inc., a Texas non - profit corporation (herein the "SHELTER ") and Brazos County, Texas a political subdivision of the State of Texas acting by and through its duly elected Commissioners Court (herein "COUNTY "). Whereas, the Shelter operates a facility currently located at 5359 Leonard Road, Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the "Facility "); and, Whereas, the COUNTY has a need of a facility to house animals, other than livestock, that it takes possession of throughout the COUNTY. THEREFORE, KNOW ALL BY THESE PRESENTS, that for and in consideration of the mutual covenants herein expressed, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The COUNTY agrees that all animals, other than livestock, seized within its jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded under the exclusive control and custody of the SHELTER for periods of time as required by State law and the applicable COUNTY Orders except as hereinafter set forth, but in no circumstances less than three (3) days unless determined by a certified euthanasia technician that euthanasia is necessary. 2. The COUNTY agrees to pay to the SHELTER an annual fee of $ 83,671 based upon the term of the contract. The fee shall be divided into twelve payments to be paid monthly. 3. The COUNTY shall and does hereby assign to the SHELTER those fees collected for the registration of dogs and cats within Brazos County commonly referred to as "license fees." The SHELTER shall administer the County License program (Registration of Dogs and Cats, Texas Health and Safety Code §826.031). AGREEMENT FOR ANIMAL SHELTER SF,RVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2011— September 30, 2012 1 vol. 15 -? ___ 1 P a lP 0 4. The COUNTY represents to the SHELTER that it has in force orders providing for the vaccination and licensing of animals under appropriate circumstances, providing for impounding of nuisance animals running at large, and that while this contract is in effect, such orders will be continued in force, provided, however, that such orders may be modified from time to time as the County deems appropriate. 5. The COUNTY agrees that every animal delivered to the SHELTER in accordance with this agreement, shall become the sole and exclusive property of the SHELTER upon its delivery to the SHELTER (subject to reclamation by the owner), so that neither the COUNTY nor any agency nor agent of the COUNTY, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not so claimed and redeemed. The COUNTY agrees, that the SHELTER shall have the undisputed right, consistent with the orders of the COUNTY, to humanely dispose of every animal given into its custody in accordance with the SHELTER's principles as follows: a. To place animals in the care, custody and control of new owners: and, b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The SHELTER agrees to accept each and every animal delivered to the Facility located in Brazos County, Texas by the agents of the COUNTY and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the SHELTER provides for all other animals which may come into its care, custody and control. The COUNTY shall not accept a surrender of ownership of an animal by its owner in the field. 7. The SHELTER agrees to accept each and every stray animal delivered to the Facility located in Brazos County, Texas by the residents of the unincorporated areas of Brazos County and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the SHELTER provides for all other animals which may come into its care, custody and control. 8. The SHELTER agrees that it will make its Facility available to the COUNTY during its open hours and during periods of closure for the purpose of delivering animals to the SHELTER_ AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2011 — Septcmbcr 30, 2012 2 V0 1. 1 5 Pg. o�6 9. The SHELTER agrees to provide to the COUNTY, on or before the last day of each month during the term of this contract, a statement of the number of dogs, cats and miscellaneous animals received by the SHELTER from the COUNTY or otherwise retrieved from Brazos County, and the number of dogs and cats issued County tags during the preceding calendar month. 10. The COUNTY reserves the right to require an audit of the records of the SHELTER at any time for the purpose of verifying the number of animals registered or licensed and the number of animals attributable to the COUNTY and the length of stay of each such animal. 11. It is mutually agreed that the SHELTER shall provide facilities for rabies observation for at least six (6) dogs and eight (8) cats. Animals delivered to the SHELTER by the COUNTY for rabies observation shall be isolated for a period of time in accordance with State law. 12. In the event animals are being held by the SHELTER as a result of a cruelty seizure or a legal hold has been placed upon the animals as a result of a criminal prosecution, the COUNTY shall reimburse the SHELTER for any veterinarian invoices and medical bills incurred by the SHELTER until the COURT either awards the animal to the SHELTER, orders it destroyed or orders it returned to its owner. The COUNTY shall not be liable for these costs in the event the COURT orders the animal owner to pay such costs. 13. The SHELTER shall at all times relevant to the fulfillment of this agreement have, keep, and maintain insurance covering general liability, worker's compensation if required by State law, and automobile liability. Worker's Compensation insurance shall be at statutory limits, including employer's liability coverage at minimum limits of $500,000.00 each accident. Such policy will contain a waiver of subrogation in favor of the County. The General Liability insurance shall have a minimum combined single limit for bodily injury, personal injury, and property damage of $1,000,000.00 per occurrence and shall name the COUNTY as an additional insured. Automobile Liability insurance shall be continuously held with limits for bodily injury and for property damage of not less than $1,000 on all self - propelled vehicles used in connection with the animal control operation, whether owned, non -owned or hired. Copies of certificates evidencing such insurance as herein required shall be sent to the COUNTY for its records. 14. The SHELTER agrees, to the extent allowed by law, to indemnify and hold harmless the COUNTY from all claims , damages, or causes of action which might arise from any obligations of SHELTER as outlined herein, and SHELTER specifically agrees to indemnify the COUNTY against all claims, damages or causes of action which might arise as a result of acts, omissions or AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2011 —September 30, 2012 3 Vol. / 5�, pg. negligence of SHELTER or its agents, including claims against the COUNTY for. respondent superior or vicarious liability, arising out of the SHELTER's obligations under this agreement. 15. The SHELTER shall at all times in performance of its agreement be considered as an independent contractor. Such status shall apply to all of the SHELTER's officers, agents and employees and in no event shall the SHELTER's officers, agents or employees be considered an employee of the COUNTY. 16. In the event the COUNTY fails to remit to the SHELTER the fees due hereunder, the COUNTY shall be in default. The SHELTER shall terminate the agreement for non - payment of fees if the COUNTY has not cured the default after receiving a thirty day written notice. 17. 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. 18. 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. 19. DISPUTE RESOLUTION: The dispute resolution process provided in Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney General pursuant Chapter 2009, shall be used by BRAZOS COUNTY and SHELTER to attempt to resolve any claim for breach of contract made by SHELTER that cannot be resolved in the ordinary course of business. SHELTER shall submit written notice of a claim of breach of contract under this Chapter to the County Attorney — Civil Division of BRAZOS COUNTY, who shall examine SHELTER's claim and any counterclaim and negotiate with SHELTER in an effort to resolve the claim. 18. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the COUNTY to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on COUNTY property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes.; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability or acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, loc. October 1, 2011 — September 30, 2012 4 Vol. 5 �1_ Pg• the Limitations will not be binding on the COUNTY except to the extent authorized by the laws and Constitution of the State of Texas. 19. AUDITS: All records relating to the service provided under this Agreement and supporting documentation for invoices submitted to COUNTY by the SHELTER shall be retained and made available by the SHELTER for audit by COUNTY, its duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement (officials) and agencies of the United States Government. Such records shall be returned by SHELTER and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention of records, SHELTER shall comply with such changes. COUNTY shall inform the SHELTER in writing of the retention periods established by State and federal law applicable to such records and shall provide written notice if changes occur to such retention requirements. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the SHELTER shall retain such records until the audit is concluded and all issues resolved. SHELTER shall provide COUNTY with copies of such audits that be conducted with respect to the Agreement. 20. This Agreement is not assignable by either party. 21. This Agreement shall be October 1, 2011,and terminating on cancel this Agreement upon thirty (30) party. for a term of one year commencing on September 30, 2012. Either party may days written notice to the non - cancelling IN WITNESS WHEREOF, the said COUNTY and the said SHELTER have hereunto caused their representative corporate names and seals to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized as of the date hereinabove first written. BRAZOS COUNTY, TEXAS Duane Peters, County Judge ATTEST: AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2011 — September 30, 2012 5 15,�j P g• v �ils�t�fB95 // -��1� AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos Countv and Brazos Animal Shelter. Inc. October 1, 2011 — September 30, 2012 6 P Vol. BRAZOS ANIMAL SHELTER, INC FUNDING AGREEMENT BETWEEN BRAZOS COUNTY AND BRAZOS COUNTY PRECINCT 4 VOLUNTEER FIRE DEPARTMENT, INC. THIS AGREEMENT for the Funding of Fire Protection Service of Precinct Four ( "Agreement ") is hereby made effective October 1, 2011, by and between the BRAZOS COUNTY PRECINCT FOUR VOLUNTEER FIRE DEPARTMENT, INC. ( "Department') and BRAZOS COUNTY, TEXAS, ( "County "), each acting by and through its duly authorized agents; RECITALS WHEREAS, the County is authorized to contract with an incorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it is more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department is located within the County and shall provide fire protection to an area of the County that is located outside the municipalities in the County; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: AGREEMENT SCOPE 1. Department shall provide fire protection services to any person who requests it within the confines of Precinct 4, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other fire departments for Precinct 1, 2 and 3 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A -101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. Precinct 4 Volunteer Fire Dept. Agreement Page 1 of 4 Vol. 15 i1g. 2. All requests for services under this Agreement shall be made through the 9 -1- 1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Texas Government Code, The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department or their volunteers except as expressly provided by this Agreement. PAYMENTS 4. County shall pay Department the sum of 29 000.00 upon execution of this Agreement ( "Funds "). 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION G. This Agreement term shall be from October 1, 2011, and terminate at 12:00 a.m. (C.S.T.) on September 30, 2012. Either party shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the parties hereunder shall terminate, except that the rights and obligations of the parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro -rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: Brazos County Precinct Four Volunteer Fire Department, Inc. P.O. Box 4186 Bryan, TX 77805 Attn: Joe Ondrasek, Fire Chief County: Brazos County Commissioners Court 200 South Texas Ave., Suite 310 Bryan, TX 77803 Precinct 4 Volunteer Fire Dept. Agreement Page 2 of 4 1 59\ P Vol. g• DEFENSE OF CLAIMS 8. Pursuant to Local Government Code §352.004, the act of a person who, in carrying out the County's authority to provide fire protection under this Agreement, furnishes fire protection to a County resident who lives outside the municipalities in the County, including the act of a person who is a regular employee or fire fighter of a municipality, is considered to be the act of an agent of the County. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees, or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. This Agreement is the entire Agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior Agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. 15. Failure of any party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. Precinct 4 Volunteer Fire Inept. Agreement Page 3 of 4 Vol. " ,;k — Yg.� 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. INFORMATION FURNISHED BY RECIPIENT 17. Department agrees that County, or its designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Department agrees to maintain such records for possible audit for a minimum of three (3) years after the termination date of this Agreement, unless a longer period of records retention is stipulated. Department agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Department agrees that the County, or its designated representative, shall further have the right to review and to copy any records and supporting documentation for prior years in which Brazos County provided funds to the Department under prior Agreements. Any audit will be conducted by County personnel or an independent third party, as determined by the Brazos County Commissioners Court. If the Brazos County Commissioners Court determines that the audit will be conducted by an independent third party, all costs and expenses associated with said audit will be solely paid for by the Department. Annual financial statements (audited if available) are due to County within six (6) months of completion. Brazos County Precinct Four Volunteer Fire Department, Inc. Brazos County, Texas By: / f2 e Onr Wek, Fire Chief Date: Duane Peters, County Judge Date: Q ATTEST: iii ILI 1 '01 - - Precinct 4 Volunteer Fire Dept. Agreement �f� Page 4 of 4 Vol. 1, 5;� — Pg. ` (aq OI )YSS1_'YV Al I LICENSE AGREEMENT LICENSOR: OdysseyWare, a division of Glynlyon, Inc. ( "Licensor ") 300 North McKemy Avenue Chandler, AZ 85226 LICENSEE: Name: Brazos County Juvenile Services ( "Licensee ") Street Address: 1904 W. Hwy 21 City /State/Zip: Bryan, TX 77803 Phone: 979 -823 -3544 Email: Olivia@ eo.brazos,tx.us This non - exclusive license agreement ( "Agreement ") is hereby entered into this 29 day of September , 2011 by and between Licensor and Licensee for the use of the OdysseyWare 2011 Release including all data and materials related thereto and associated therewith ( "Application ") as further described herein. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. TERM. The term of this Agreement shall be one (1) year, commencing on 9/1 /11 ( "Initial Term "). The Term may be extended for consecutive one (1) year periods upon Licensee's payment of Licenser's invoice for an additional year's use of the Application (each a "Renewal Term "). (The Initial Term and any Renewal Terms shall collectively be defined as the "Term "). 2. FEES. Fees are detailed in Attachment A. Licensor reserves the right to alter any fee at any time in Licensor's sole discretion. Licensee shall remit full payment to Licensor for any costs or fees invoiced by Licensor to Licensee upon receipt of any Licensor invoice. Payment shall be due whether or nor Licensee receives invoice or other request for fees and costs from Licensor. Licensor retains the right to discontinue providing Licensee access to the Application if Licensee fails to make all requested payments to Licensor according to Licensor's terms. 3. GRANT OF RIGHTS. licensor hereby grants to Licensee the non - exclusive, non - transferable right to utilize the Application solely with Licensee's students, faculty and staff, subject to the terms described heroin. Licensee shall not sub- license any of its rights hereunder in any manner whatsoever without Licensor's prior written consent. Licensee shall have the right to access the Application via the Internet with the number of licenses detailed on Attachment A. Additional licenses may be granted to Licensee by Licensor upon mutual written agreement of the parties. 4. USER LICENSES: Licensee shall be authorized to utilize the Application hereunder through User Licenses as further described herein. For the purposes of this Agreement, a "User License" shall mean a transferable license to access the Application via the Internet. A User License may be used by any of Licensee's students but may not be used by more than one of Licensee's students at the same moment in time. Licensee is hereby authorized to access the Application through the number of fully -paid User Licenses described in Attachment A. Licensee may purchase individual courses for a student not utilizing a User License ( "Single Course Student ") for the per- course amount listed on Attachment A. Licensee shall not purchase more than one (1) course for any Single Course Student and shall pay for Single Course Student courses in advance in full. 5. ONLINE LEGAL :NOTICE. This Agreement and all access to and use of the Application is subject to and governed by the legal terms posted on the OdysseyWare website principally accessed by visiting http:l /www.odysseyware com ( "Legal Notice "). Licensor reserves the right to amend, supplement, change, or terminate the terms of the Legal Notice at any time and from time to time without any notice to Licensee by posting said changes on the OdysseyWare website_ All terms of the Legal Notice and any changes to the Legal Notice are hereby incorporated into this Agreement by reference as though fully sot forth herein. By executing this Agreement, Licensee assents to and accepts all terms of the Legal Notice without exception. b. OWNERSHIP. The Application and all its associated materials are the solely -owned or legally licensed property of Licensor. The Application is hcenscd, not sold, to Licensee under the terms of this Agreement, Licensor does not sell any title, ownership right, or interest in or to the Application. By using the Application, Licensee is agreeing only to a non - exclusive, non - transferable license to use, according to the terms of this Agreement, the Application and any software programs or other proprietary material of third parties that are incorporated into the Application. Licensor reserves and retains all right, title, and interest (including but not limited to copyrights, patents, trademarks, and service marks and other intellectual property rights) in and to the Application- The remuneration paid for the Application constitutes a license fee for its use. 7. TRAINING. Licensor shall provide training to Licensee and its employees via the Internet or at Licensee's place of business as detailed Attachment A. Training shall include instruction on set -up and utilization of the Application for Licensee's purposes as well as the use of the Application and responses to questions from Licensee and its employees. Licensee shall pay to Licensor the Training Fee as detailed on Attachment A prior to the commencement of any training as compensation for Licensor's training services. Upon completion of the agreed upon training as set forth in this Agreement, if Licensee believes that the training was in any way deficient, in terms of content, scope, or time devoted to the training, Licensee shall notify Licensor in writing, specifying the details of any deficiency. Failure of the Licensee to submit written notice of any deficiency within sixty (60) calendar days after the completion of the training sessions will be deemed an acceptance by Licensee of the training in satisfaction of Licensor's obligations for training under this Agreement. Rev. 01/2011 Vol. 1. 5(2, Pg. o9-7 o LICENSEE WARRANTIES AND REPRESENTATIONS, Licensee warrants and represents that a. Licensee has the legal right to enter into this Agreement and no part of this Agreement conflicts with or is contrary to any other agreements or obligations binding or applicable to Licensee. b. LICENSEE SHALL PROMPTLY AND COMPLETELY INSTALL, USE, TEST AND INSPECT THE APPLICATION TO ENSURE THAT THE APPLICATION CONFORMS WITH THE REQUIREMENT OF THIS AGREEMENT IN ALL MATERIAL RESPECTS AND LICENSEE SHALL PROMPTLY ADVISE LICENSOR IN WRITING IF THE APPLICATION DOES NOT MEET THE REQUIREMENTS OF THIS AGREMENT OR THE EXPECTATIONS OF THE LICENSEE WITHIN ONE HUNDRED AND TWENTY (120) DAYS FROM THE DATE THAT ACCESS TO THE APPLICATION 1S FIRST GRANTED TO LICENSEE. c. Licensee shall only utilize the Application as expressly provided for herein. d. Licensee shall not do any act or thing or fail to do any act or thing, or knowingly permit or allow any other person or entity to downy act or thing or fail to do any act or thing, that will harm or diminish Licensor's rights in and to the Application including, without limitation, the copyrights therein. e. Licensee acknowledges and agrees that there will be times during which Licensee will not be able to access the Application and/or access to the Application may be limited or interrupted. Licensee will not deem any such intermittent lack of access, even if such interruption or lack of access occurs during Licensee's school hours or classes, to be a material breach ofthis Agreement. f. Licensee shall not, nor permit or allow any other party to, reverse engineer or otherwise analyze, reconstruct, disassemble, or reproduce any portion of the Application in any way. g. Licensee shall furnish all computer and network hardware and software with adequate system configuration and maintenance to operate the Application. h, Licensee shall not make copies of, nor distribute, nor permit any use of the Application, or any intellectual property related thereto and licensed hereby, other than as specifically authorized herein. 9. CUSTOMIZATION TOOL, Licensee acknowledges that Licensor may provide Licensee with access to an application allowing for the creation, modification, and deletion of portions of the Application and its related curriculum ( "Customization Tool"), Licensee shall not use, nor permits its staff, teachers, or students to use, the Customization Tool to create any materials which infringe any proprietary rights of any party or defames, slanders, or libels any party, or any content that Licensor deems in its sole discretion to be harmful, threatening, unlawful, defamatory, infringing, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable, or otherwise violates any law of the United States or any other applicable jurisdiction. 10. TECHNICAL SUPPORT AND OPERABILITY. a. Licensor shall provide Licensee with technical support for the Application subject to Licensee's payment in full of any and all balances due to Licensor. Licensor shall not be obligated to provide any technical support for any subsequent versions of the Application or modifications thereof. b. The following issues are not covered by Licensor technical support under any circumstances: i. Network issues including but not limited to internet service providers, online service providers, spyware, viruses, malware, faulty communications, etc. ii. Hardware issues including but not limited to switched, hubs, modems, routers, firewalls, computers, etc, iii. Infrastructure issues including but not limited to power, electrical, cable, internet connection, etc. iv. Issues not related to the Application including but not limited to difficulties with third party software or any other issues which are not caused by or related to the Application, as determined by Licensor in Licensor's sole discretion. C. Licensor shall not be responsible for any action or inaction by Licensee in reliance on any statements made on technical support matters identified in Paragraph 10(h) or any other subject matter outside the scope of the technical support provided by Licensor pursuant to this Agreement. 11. DISCLAIMER a. Licensor does not guarantee the operability of the Application with all operating systems or software. Licensor is not responsible nor shall Licensor be accountable for any hardware failure, operating system or software conflict, server or security issue, or any other condition compromising the operability of the Application or otherwise interfering with the Application's functioning. b. THE APPLICATION IS PROVIDED "AS 1S ", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, INIPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON - INFRINGEMENT OF THIRD PARTY RIGHTS. C. LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT OR THAT IT WILL MEET LICENSEE'S NEEDS OR REQUIREMENTS, THAT THE APPLICATION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. d. Licensee assumes the entire risk as to the quality, results, and performance of the Application as well as the entire risk and cost of all service, repair, or correction. No oral or written information, advice, suggestions, or recommendations given by Licensor, its representatives, dealers, distributors, agents, or employees shall create a warranty or in any way increase the scope of this Agreement and Licensee may not rely on any such information, advice, suggestions, or recommendations. C. LICENSOR HEREBY DISCLAIMS FOR ALL PURPOSES AND IN ALL CIRCUMSTANCES ANY RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS TAKEN WITH AND ANY MATERIALS CREATED THROUGH THE USE OF THE CUSTOMIZATION TOOL. 12. TERMINATION. a. This Agreement and the license granted herein shall terminate upon: (1) the expiration of the Term; (2) the mutual written agreement of both parties; or (3) a Default by a party as described in Paragraph 13 herein. b. Upon termination, Licensee shall immediately pay to Licensor all amounts due. Any past due amounts may be assessed interest and/or late fees at Licensor's sole discretion. No refunds of any sort, whether prorated or otherwise, shall be due Licensee following termination. Rev. 01 /2011 Vol, l 6A Pg d--1 a DUYSSUv "Nl'o Upon termination, all rights granted to Licensee shall automatically, immediately, and irrevocably revert to Licensor and Licensee, including all of Licensee's students and users, shall immediately discontinue all use of all facets of the Application. Within thirty (30) days of termination Licensee shall irrevocably and entirely delete, at Licensee's sole cost and expense, all Application components and materials, and any and all copies thereof, within Licensee's possession, in whatever form then existing, including translations or compilations, whether partial or complete, and whether or not modified or merged into other software. Within thirty (30) days of the termination of the license granted under this Agreement, Licensee shall provide Licensor with a written statement made under oath and through personal knowledge specifying that all Application components and materials have been destroyed and deleted, including the person(s) responsible for the destruction and/or deletion, the date(s) on which it was completed, and written certification of said destruction and/or deletion. The terms of this Paragraph 12 shall survive the termination of the Agreement 13. DEFAULT. A Default of this Agreement will be deemed to have occurred if. a. A party breaches this Agreement and does not cure said breach within thirty (30) days after delivery of written notice from the non - breaching party detailing said breach and a demand to cure; b. Licensee breaches any payment obligation under this Agreement, for which Licensor provides written notice of such breach, two (2) times in any twelve (12) month period, whether or not such breaches were cured within thirty (30) days of such notice; or C. Licensee violates Paragraph 8(f) which shall be deemed for all purposes a non - curable breach period. d. Upon a default the non - defaulting party may elect to terminate this Agreement by so notifying the defaulting party in writing. If Licensee is the defaulting party, Licensor may elect to suspend Licensee's access to the Application without immediately terminating this Agreement. 14. ASSIGNMENT. Neither party may assign this Agreement, or any part thereof, without written permission from the other party, except for the unconditional right of Licensor to assign or otherwise transfer this Agreement to any affiliate or any person or entity acquiring all or a portion of Licensor's business interests. 15. CONTROLLING LAW. This Agreement shall be governed by the laws of the State of Arizona and of the United States. The parties hereby consent and submit to the jurisdiction of the federal and state courts in Maricopa County, Arizona for any litigation concerning any matter related to this Agreement. 16. CONTROVERSIES. The Parties agree that any dispute related to this Agreement which cannot be resolved through negotiation between the parties shall be submitted to mediation for no less than eight (8) hours and presided over by a mutually agreed upon mediator in Maricopa County, Arizona. If the parties have not selected a mutually agreed upon mediator within forty -five (45) after one party has delivered a written demand for mediation to the other, the patties shall invoke the mediation procedures of the American Arbitration Association for Mediation of Commercial Disputes. The cost of mediation shall be bore equally by the parties. Any resulting decision may include the award of reasonable attorneys' fees and costs. 17. LIMITATION OF LIABILITY. LICENSOR, ITS SUBSIDIARIES, AFFILIATES, AND ASSIGNS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES, SHALL NOT BE LIABLE TO LICENSEE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING BUT NOT LIMI'T'ED TO DAMAGES FOR LOSS OF FUNDS OR PROPERTY, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY OTHER HARDSHIP, DAMAGES, OR LOSSES ARISING OUT OF OR RELATED TO: THE USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED; UNAUTHORIZED OR ACCIDENTAL ACCESS TO OR ALTERATION OF DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR ANY MATTER RELATING TO THE USE OF THE APPLICATION; AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBMITY OF SUCH DAMAGES. LICENSOR'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED BY LICENSOR FROM LICENSEE. 18. INDE..NLNITY. Each party does hereby and shall at all times indemnify and hold harmless the other, its officers, directors, shareholders, agents, independent contractors, and employees, of and from any and all charges, claims, damages, costs, judgments, decrees, losses, expenses (including reasonable attorneys' fees and court costs), penalties, demands, liabilities, and causes of action, whether or not groundless, of any hind or nature whatsoever by reason of, based upon, relating to, or arising out of a breach or claim of breach for failure of any of the covenants, agreements, representations, or warranties it has made hereunder or by reason of any claims, actions, or proceedings asserted or instituted, relating to or arising out of any such breach or failure or conduct or activity resulting in a breach or claim of breach. All rights and remedies shall be cumulative and shall not interfere with or prevent the exercise of any other right or remedy which may be available. Upon notice by the indemnified party to the indemnifying party of any such claim, the indemnifying party agrees to adjust, settle, or defend the same at its sole cost. If the indemnifying party shall fail to promptly do so, the indemniftedparty shall have the right and is hereby authorized and empowered to appear by its attorneys in any such claim, demand, or action to adjust, settle, compromise, litigate, contest, satisfy judgment, and/or take any other action necessary or desirable for the disposition of such claim, demand, or action. In any such case, the indemnifying party shall fully reimburse the indemnified party for all such payments and expenses, including reasonable attorneys' fees, within thirty (30) days. If the indemnifying party shall fail to so reimburse the indemnified party then, without waiving its rights to otherwise enforce such reimbursement, the indemnified party shall have the right to deduct the same amount of such payments and expenses or any part thereof from any sums accruing under this Agreement to or for the account of the indemnifying party. 19. SEVERABILITY. If any provision of this Agreement is found to be void, invalid, or unenforceable, such provision shall be deemed severed and this Agreement with such provision severed shall remain in full force and effect to the extent permitted by law. 20. WAIVER. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing signed and dated by the party claimed to have waived or consented. A waiver by either patsy of any term or condition of this Agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof, nor a permanent modification of such Rev. 01/2011 Vol, 02 Pg 020 r1 0 ( )YtiSEY\1' kIZE provision or of this Agreement, All of the party's rights, options, and remedies in this Agreement shall be. cumulative and none of them shall be in limitation of any other remedy, option, or right available to them. 21. EN'T'IRE AGREEMENT. This Agreement and all ancillary documents, attachments, notices, or other materials expressly incorporated herein by reference constitute the entire agreement between the parties hereto relating to the subject matter hereof and supersede all prior understandings, representations, explanations, demonstrations, promises, and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter hereof. Any attachments hereto are incorporated into this Agreement by this reference. No modification, amendment, waiver, termination, or discharge of any provision hereof shall be binding upon the parties unless confirmed in writing and executed by both parties. 22. HEADINGS. The headings of the paragraphs herein are inserted for convenience in reference only and are not intended by the parties to be part of or to affect the meaning or interpretation of this Agreement. 23. COUNSEL. Each party acknowledges that it has had time and opportunity to review Ore foregoing and obtain counsel of its choice and advice as deemed necessary or desirable. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective as of the date first stated above. SCHO L: Brazos County Juveni➢e r 'ces — r Rel ODYSSEYWARE, INC. a division of Glynlyon, Inc. By: Ronald L. Halvorson Its: Chief Financial Officer Rev. 0112011 Date Vol. ) 5 d'- Pg. °20 ATTACHMENT "A" OdysseyWare Online License and Content Specifications QDYSSE.YWARE License Specifications School Name: Brazos County Juvenile Services Contact Name: Olivia Body Title: Su erintendent Address: 1904 W. Hwy 21 City: Bryan State: TX Zip: 77803 Phone: 979-823-3644 Alt. Phone: Fax: 979- 846 -4824 E -Mail: Olivia co.brazos.tx.us Content Specifications Software Version: 2.0 Concurrent Use License(s) E-Cash Per Course Per Student License Fee Calculation 18 Number of Licenses $ $1,000 Price per License $ $18,000 Total for Licenses $ E -Cash $ Training Packages $ Training Modules $ $2,495 Other/Misc. $ $20,495 TOTAL FEES Professional Development & Training Options ❑ Expedite Fee (On -Site Only) Training Packages ❑ BRONZE A BRONZE B ❑ SILVER A © SILVER B ❑ SILVER C ❑ GOLD A ❑ GOLD B ❑ PLATINUM Training Modules ❑ Webinar ❑ On -Site Add'L licenses may be added for: $1,000 erazo Co Juvenile_$ s_ __._ ...__- OdysseyWare, Inc., A Division of Glynlyon, Inc. Si nature: �_-- -� Signature: Printed me: Printed Name: Rosy Harris Title: Title: Contract Administration Date: /1 Date: Contract effective 09/01/11 through 08131112 . 2011 OW 1,0 RENEWAL CONVERSION TO OW 2.0 LICENSES AND ONSITE MIGRATION TRAINING VoL _L� =�--- Pg..� Brazos County Purchasing Department 200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 Charles Wendt, Purchasing Agent Leslie Williams, Senior Buyer Tracy Stracener, Asst. Purchasing Agent Tiffany West, Buyer September 21, 2011 ProStar Industries 1590 -A N. Harvey Mitchell Parkway Bryan, TX 77803 Phone: 979- 779 -9399 Fax: Email: ruth @prostarind.com Attn: Ruth Goehl Re. Renewal of Contract for Cleaning Supplies — 2010 -42R Brazos County would like to exercise the renewal option for Cleaning Supplies -- 2010 -42R for the Jail Division of the Sheriff s Department. All terms, conditions, and pricing shall remain the same. This renewal is number two (2) of a three (3) year option as provided for in the original bid (2009 -52). To accept the renewal option, please fill out the information and sign below. Return this letter by email to TStracener @co.brazos.tx.us or fax to (979) 361 -4293 and submit an original and an updated Certificate of Insurance by mail to the address listed above. Upon receipt of signed document, a new Contract number will be issued to continue the agreement from October 15, 2011 to October 14, 2012. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 361. -4291. Contact Name: k i � ­ `1'1 1 L r Telephone: �� r � t 3 C � E -Mail: f� �1 7 l ! ! f l �iCT11 �� l7r"a t'll�L(. Lr�`? Fax: Date >aS O NTY� _ -- - -- Duane Peters, County Judge Sincerely, Tracy Stracener Assistant Purchasing Agent WW I/ Date VOL 15 A PS• 'A-7 5 The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) �h nn Witness my hand this day of b er — A.D. 2011 en McQueen County Clerk, Coun OS, State of Texas Examined and approved in open Commissioners' Court this day of 2011. Duane Peters, County Judge Lloyd Wassermann, Commissioner Precinct #1 Sammy Catalena, Commissioner Precinct 92 Treasurer's Report for the MONTH AUGUST 2011 Vol. I 5a P a_)� O N s C N � C A O 7 L] 1 A m s C m m pg. � 1 Vol. V O 6 A W W l0 Vl ? O N O Q M m V m A VNI N N N A tW N N W N N N N N O O W 0 V t!1 0 0 W N O N Y 0 0 m 0 > Z Q �� .p. v n< O 0G n� O v u n O o C u1 a C n 0 � 0 0 0 0 0 G z D x 0 O O m rn r Y r D f m 's 11° -i CI Z f1 �CZ{7m� G F 1 1 . m X v N O� p$ O m r� f�r�1C -i r Ir -ZC1 < << T z m n 7y� p< D C Z - G1 Y-11 O m 0.o 3 D D D z Z m O r m m n G) O p C AA In m Ll O n cp x �' 0 ('1 �p Q n O v, n C� A Z 7� m O n= 2� T C O p Z N D '� m rn u Z z z D T O t rn JC Q p ` m y rn D A� 7] A m N> 7o z 7c p ,vo mt py o C O C rn 3 z O z N z z 2 O z D O C p l m 3 N c n U n O f� rn LA Z x n m p x O z n m S v f'7 z O fl �t C z z O O roo x G z O Gl 3 z y C r Z O p Ll z 3 W Z in in L1 T O C Z z � O c z 3 m 00 r z -{ ; m z O 0 O � rn C rn C O z O � W S W A \ 01. m . 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VI W W N pWO� t yQ/� N yOW11 N W V� a W b O V :.:, N V t W l �O � O .-` co �-` 00 A VI V W Y l+l O V N O VI C9 W V O V I-` t41 Vl A tO to Y V N W h' Ol OA W W r W m �P O N N O W 0 l 0, W N 1 A m s C m m pg. � 1 Vol. BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: October i 8, 2011 ITEM: Request from Endeavor Natural Gas LP to construct a road bore for installation of a 3" natural gas pipeline in the right- of -waof Mary Barton Road near its intersection with FM 974. Permit fee of $500.00 (Engelmann Land Services LLC company check 41415) accompanies this request. Site is located in Precinct 2. (Deposit to Account No. 01- 460650.) SOURCE OF FUNDS: N/A REQUIREMENTS • No work will be permitted between front slope and/or back slope. • All installation(s) shall be constructed in designated utility easements, if applicable. If m 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. • 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 righW- -way. • 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. • Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highwav� published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction- NOTES/EXCEPTIONS: SUBMITTED B APPROVED BY: Gary kmold, CM Commissioner Sammy Catalena County Engineer Precinct 2 CC2011 -079 This Request is 71 ed LYI Denied C by Commissioners' Court Date: -/ S 1R-- A., Wms, County Judge DUArk Vol. 11 6 :; Pg. 9 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 FROM: REF: Endeavor Natural Gas, LP Crossing x andlor Parallel installation _ 1201 Louisiana Suite 3350 Road; I Iary Barton Road Houston, TX 77079 Precinct Number: Format notice is hereby given that (applicant) Endeavor Natural Gas, LP proposes to place a (type) 3 Natural Gas Pipaline pipeline within the right -of -way of (road) Mary Barton Road in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by three copies of the drawings attached to this notice. i understand and agree: 1. The County Engineer must be notified prior to the beginning of construction in order that a designated inspector may inspect the actual installation. 2. That atl damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. That Brazos County reserves the right to require Applicant to relocate or loner any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -af -way. 4. That Brazos County will in no way be responsible for any damage which may occur to any existing utility lines in the right-of-way, 5. That the line will be constructed and maintained on the County right-of-way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transporlation an May 29, 1989, 6, That the line or lines will be constructed no less than fogy -eight inches (48 ") 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. That all roads shall be bored in accordance with the Utility Accommodation Policy of the Texas Department of Transportation dated 1989. 8. That all sites will be barricaded during the construction period. 9. That the normal charge is $500.00 per crossing andJor 5130.00 per rod when paralleling the roadway established by the Commissioners Court on December 21, 2004. 10. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D-698; test shall be conducted by an independent geolechnical testing firm; coples of all test results shall be furnished to the office of the Brazos Counly Engineer. 11. Construction shall be in strict conformance to the latest Texas Manual on Uniform Traffic Control Devices for Streets and Highways published by the Texas Department of Transportation, and all other Slate and Federal taws governing utility construction. Construction of this line will begin on or after the 191h day of October , 2011 APPROVED BY COMMISSIONERS' APPLICANT: OU Endeavor Natural Gas, LP pCompany Name ' F _ ` l L `~� Greg Linton /Operations Manager .Re"dy County Judge Representativefritle Company Telephone Number Revised 12121104 pg. Vol. 5 `� °�� t Vol. Pg.— tr 01 01 c. 10112111 C 0� Google Maps I Google / 1 � 'You maps.google.com/maps?[=m&hl=en&ie=UTF8811=30.860803.-96.217967&spn.., Get Google Maps, on your phone 6 Textihevmid "GMAPS"tu466453 I eta .. . ........ ......... --- ---- blap data @2011 Google - vil-fle, am ENGELMANN LAND SERVICES,LLC 7892 FM 166 PH 979-272-1569 CALDWELL, TX 77838 PAY ����'V`I�t� To THE ORDER OF K y -6't ': �14 1 � 1415 DATE 2 $ - 5 - 00-ccj 3 ... d -L.,L A R S L" 14U Citizens - &,Ite dank btx cam FOR r 11 1 :1131129951: Lo LLE11 glis V - 15 P Pg. C-$ P\ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10 /11 53.1 -53.24 On this the 18th day of October 2011 at a regular meeting ofthe Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, 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 18th day of October 2011 the Court heard and approved a budget amendment for the 2010 -2011 budget year for Brazos County, 1'exas 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 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the i 8th day of October 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 6 � Pg. ° Z 0� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.1 4 All R MA-1 4 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 5000 46028100 CR Medical-Employer Benefits 363,000.00 5000 64005000 71111000 DR Health & Life Prescriptions 133,800.00 5000 64005000 71114000 DR Health & Life Insurance 2,200.00 5000 64005000 71116000 1 DR Health & Life-Stop Loss Premium 227.000.00 & Life Insurance Fund f !Health 4 E I j'fo reco nize additional revenue realized over the bud et amount for Fiscal Year 2011, 1of Vol. I r o -;� pg. 0 -8- q BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 53.2 1011812011 FUNDI DIV I ACCT PROD DRIC_R _ ACCOUNT NAME Increase Decrease 1100 11002600 53200000 W C�R Retirement 1,756.00 1100 11002600 51610000 DR Hourly - Staff 1,756,00 HOT - Market Reimbursement Reallocation of fiords to cover the final FY 11 out. Prepared _y: nnm Vol. 7 ,5 Pg o g Department Approual Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.3 10118/2011 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 5800 18006000 51640000 CR Hourly - Temporary 311.00 5800 18006000 53200000 DR Retirement 311.00 C.A. Fund Reallocation of funds to cover the final FY 11 pa Toll pay out. . .. ...... Prepared By nnin.`. loll C> Vol. — i5c� Pg. CI 6 co Dep „Approval BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.4 1011812011 F UND DIV ACCT — PROD DRICR ACCOUNT NAME Decrease D 2000 21005000 53100000 CR Social Security 130.00 21005000 51940000 DR Compensated Leave Pay 130.00 . . . . . ....... . . . . ... ..... County Clerk MGMT Fund Reallocation of funds to cover the fmal FYI I ayroll ay out for compensated pay. ........ . . – hril Prepared , By Qate 1{111 112011, Vol. 5� Pg.— a Departme t A00royaU e :,_ , , n BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.5 10/18/2 FUND DI I ACCT PROJ I DR/CR ACCOUNT NAME Increase Decrease 0100 1 22600100 1 53300000 1 CR Employee Health Insurance _ 17 0100 1 22600100 _ 5 I940000 940000 DR Compensated heave Pay 17.00 to Reallocation of funds to cover the final FY 1 i payroll pay out for Prepiared By nnm Ju ty dge Approval Da e n 5 ,.� Y Of 1 �J ®. 1 TJ ` Pg. o� C� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 53.6 1 011 81 1 FUNDI DIV I ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 23100100 61900000 1 1 CR lVisiting -Court Reporters 113.00 01001 231001001 51630000 DR Hourly - Part Time 11100 C C L #2 - Administration Reallocation of funds to cover the final FY 11 payroll pay out for Visiting Court Prepared By nnm `Date 1,011 '112Q11 Department-ApprovaI . County ;judge Approve or, a / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 53.7 10/ 18/2011 FUND DIV ACCT JPROJJDRICR ACCOUNT NAME Increase Decrease 0100 24201100 53300000 1 1 CR Em to ee llealt Insurance 1,157.00 C O 0 10 24201100 51440000 DR Co mpensated Leave Pay l,177.0d JP #2 Place 1 Reallocation of funds to cover the final FY I I payroll pay out for compensated 1'tpared 8y nnm bate "° 1tal /20t 1 of 1 Vol. /� p a ? 0 Department Approval -' .. `; ' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.8 10/1812011 — R — OJ D R / C ACCOUNT Increase —, FUND DIV — ACCT crease 0100 24201200 53300000 CR Employee Health Insurance 3,870.00 0100 24201200 51610000 DR Hourl Staff 3,870.00 .. . . ....... .......... JP #2 Place 2 Reallocation of funds to cover the final FY 11 payroll pay out due to vacation taken by two employee's. Prep By ID '40141/2011: ' ai 0 :-;� Date County Judge AO '& e )atd oval I 1 of I Vol. 150-2, Pg-- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 63.9 10118/2011 FUND DIV ACCT PROD DRICR ACCOUNT NAME Increase Decrease 0100 24401100 53300000 CR Em to ee Health Insurance 1,411.00 0100 24401100 51940000 1 DR Compensated Leave Pay 1.411.00 .JP #4 Reallocation of funds to cover the final FY 11 out for Prepared By nnm Da #e 1011,'1/2© 1 of 1 Vol. 15 ". o2%9- Pg BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10191 - 53.10 10118/2011 FUNDI DIV ACCT _ PROJ DR/CR ACCOUNT NAME Incre Decrease 0100 28002000 53300000 _ CR jErnplo Health Insurance 113,353.00 01001 28002000 51620000 1 1 DR Hourly - Overtime i 1 13,353.00 Sheriff - Jail Admin Reallocation of funds to cover the final FY I I navroll nav out due to overtime. Current overtime is 5739.589.70. 1of1 VOL J � �' pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 53.11 10/1812011 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 5500 28006000 61130000 CR Contingen 1,396.00 5500 28006000 51620000 DR Hourly - Overtime 1.396.00 . . . ......... . Inmate Commissary Reallocation of funds to cover the final FY 1 I payrol pay out due to overtime. 1� '11 2 ci 4 P. C VOL ----L� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.12 10/18/2011 FUNDI DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 30301104 53300000 Cf, Employ health Insurance 1.00_ 0100 30301 100 51610000 DR hourly - Staff 1 00 Constable PCT 3 Reallocation of fands to cover the final FY I 1 Davroll nav out. 1 of 1 VOL � .� � _' rJ `� pg. °� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.13 10/18/2011 FUNDI DIV I ACCT I PROD I DRJCRI ACCOUNT NAME Increase Decrease 0100 30401100 53100000 CR Social Security 1,233.00 0100 1 30401100 5 3 940060 DR Compensated Leave Pay 1,233.00 Constable PCT 4 Reallocation of funds to cover the final FY 11 payroll pay out for Prepared By hhfr Gate 1071II 0 -1; loft Vol. C;z pg. Department Appirdal s' Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.14 10/18/2011 r --- - , FUND DIV ACCT PROD DRICR ACCOUNT NAME Increase Decrease i ---- - i 3OU0 318300 53300000 CR Employee Health Insurance 63.001 � 3000 318300 51940000 DR Con1pensated Leave Pay 63.00 . . . . . . . . ............ . TJPC - F - Pro Sanctio JPO Reallocation of funds to cover the final FY 11 payro I pay out for compensated pay. Prepared Of 1 A VO Pg.-- L BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.15 1011R/2nll FU ND DIV ACCT NiO — DR/CR ACCOUNT NAME Increase Decrease 318500 53300000 CR Employee Health Insurance 50.001 3000 318.500 51940000 DR Compensated Leave Pay 50.00 THC - 0 - Pro g Sanctions 1SJP0 Reallocation of funds to cover the final FY I I payroll pay out for com pay. Prep B rinm Date; 1011 '1201 I I Dfi 9 — 0 Vol. Pg. ---L� . . . . . . . . . . Department Approtia! Da te ' , , BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 53.16 10118!2011 FUNDI DIV - 3 - 5 - ACC PROD DR/CR ACCOUNT NAME Increase Decrease 0100 1 500100 53100000 1 CR Social Security 4 00 01001 35500100 51610000 1 DR lHourly - Staff 4.00 Management Reallocation of funds to cover the final FY 11 payroll pay out. Prepared By nnrri Gate^ 1 Oil 1l2U11 ?of1 q Vol. 15 v - PP g . 02 Department Approval Date BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 53.17 1 011 8/201 1 FUND I Div ACCT — P ­ R`O — JJ ­ DR/CR ___ ACCOUNT NAME Increase Decrease 19001 50000100 61130000 CR Contingency 767.00 1900 T5000 51610000 DR Ilour[v - Staff 767.00 ......... . !County Records Managemen—iT -------- - - Reallocation of fonds to cover the final FY 11 - payro] pay out due to vacation taken by an employee. . ..... Prepake'd By nnm Data '1 0111'!201 :1 = Departm6nt Approv'aV: Date: I Of 1 /�5z�' � 0 VOI.- Pg. -�OL BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 53.18 1 0/1 81201 1 FUND DIV ACCT PROD DR/CR ACCOUNT CCOUNT NAME _ ^— increase Decrease 2200 L' 51000100 65320000 CR ui ment - Maintenance 1,108.00 22001 51620000 DR Hourly - Overtime 1,108.00 Courthouse Security Fund Reallocation of funds to cover the final FY 1 1 pavroll pay out due to overtime. Vol. 16 1.1_ P �D C BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS N o. 10111 - 53.19 1011812011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 9100 53003000 53100000 CR Social Securi!y 50,00 9100 53003000 51940000 DR Coi pensated Leave Pay 50.00 Lab Administration Reallocation of funds to cover the final FY I I ayToll pay out for compensated pay- - Dafe _ '` 10t'1112011 ,oUhty 4yclge Ap proval I of 1 VOI.- 1-6� p cz BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.20 10/1812011 FUND DIV ACCT PROD DR1CR ACCOUN N AME Increase Decrease 0100 11001500 61 130000 CR Contingency - General Fund 18,000.00 0100 11020000 72206000 DR CRT Appointed Att s - 272nd 18,000.00 I Court Support - Civil Reallocation of funds to cover additional court appointed attorneys. Vol. 0-"Pg.-303 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 53.21 10118!2011 FUNDI DIV I ACCT I PROJ DR/CR ACCOUNT NAME Increase Decrease 0104 1 10000100 1 61110000 1 1 CR Conference & Seminar Fees I 395.04 01001 100001001 71020004 DR 1Computer Contracts 395.04 County Judge Reallocation of funds to cover the cost of the CSCD software system used by the Pre -Trial Bond Officer from June 201 1 through September 2011. The total cost durine this time period is $501.60. loll VoL 1.�� P 30 � BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.22 10/18/2011 FUNDI DIV I ACCT IPROJIDR/CRI ACCOUNT NAME Increase Decrease 0100 24201 100 71500000 CR Rental Equipment 18.00 0100 242p1 l flfl 61730000 DR Telephone -Lone Distance 18.00 Justice of the Peace Pct. 2.1: H Reallocation of funds to cover telephone costs for the remainder of fiscal 1 of 1 VO j, BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.23 .r n r�o r nn4 d FUND D1V ACCT PROD DR1CR v K ACCOUNT NAME Increase Decrease O100 _ 20010000 61110000 CR Conference & Seminar Fees 200.00 6100 20010000 71025000 DR Contract Services 200.00 District Clerk - Jury Services Reallocation of funds for the printing of ]urn Summons for September 13, 2011. Departrrsent Approval Date Prepared By w nnm: County Judge:Appro ( D e Vol. /5� Pg.'26�— BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 - 53.24 FUND DIV ACCT PROJ DRICR ACCOUN NAME Increase Decrease 0100 11001500 6113)000 CR Contingency - General Fund 90,0)0.0 ©j 0100 110200;00 71040000 BR Contract Placement 90,000.00 7 [General Fund Contingency & Court Support - Civil Reallocation of funds to cover the remainder of FY 11. i 4r i Vol. 1�� Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/1.2 3.1 -3.5 On this the 18th day of October 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct C. Sammy Catalena, 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 18th day of October 2011 the Court heard and approved a budget amendment for the 2011- 2012budget 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 20 September 2011, the following amendments) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVER this the l 8th day of October 2011. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. � Pg. & & BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 3.1 10118/2011 FUND DIV ACCT PROD DRICR ACCOUNT NAME Increase Decrease 2400 24005000 61130000 _ CR Contingency 1,000.00 2400 24005000 67203000 DR Minor Computer Hardware 1,000.00 JP Technology Fund Reallocation of funds to purchase a scanner to be used by the DPS Clerk for ticket scanning for the Justice of the Peace Offices. Prepared Sy tfj Date " 1{111012011'; 1 or1 VOL la Pg-Joq BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 3.2 1 0/1 81201 1 FUND DIV ACCT PROD DRICR ACCO NAME Increase Decrease 0100 3010I100 61880000 CR Utilites_ 6.00 0100 3010110Q 71506000 DK Kental - Offi Spave 6.00 Constable PCT 1 Reallocation of funds to cover for Rental - Office Snace for remainder of FY 12. I oft i 1 t— �, of 6 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 3.3 10118/2011 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease__ 3901 41100000 CR Fee - BCHFC 45,000.00 3901 45010000 CR interest - Accounts 400.00 3901 47010000 CR Reserve Fund Balance 40,000.00 3901 39010000 61110000 DR Conference & Seminar Fees 1,QOQ.OQ 3901 39010000 61280000 DR Dues 675.00 3901 39010000 61801000 DR Travel 1,000.00 3901 39010000 72590000 DR Professional Fee - Other 82,725.00 Brazos County Housing Finance Cor To set up the budget for the fund for FY 12. It was determined that the Brazos County Housing Finance Corp. qualifies as a component unit to the Brazos County. It should be reported as a special revenue fund in the County's CAFR. A budget should be set up to monitor the fund's financial activities. Prepared By pnrti Date:_ 101 3/2011€ loft epartmen# . PPeoval Date :, . BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11712 1011212011 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3901 41100000 CR Fees - BCHFC 45,000.00 3901 45010000 CR Interest - Accounts 400.00 3901 47010000 CR Reserve Fund Balance 40,000.00 3901 39010000 61110000 DR Conference & Seminar Fees 1,000.00 3901 39010000 61280000 DR Dues 675.00 3901 39010000 61801000 DR Travel 1,000.00 3901 39010000 72590000 DR Professional Fees - Other 82,725.00 Brazos County Housing Finance Corp.: To set up the budget for the fund for the fiscal year 2012. It was determined that the Brazos County Housing Finance Co qualifies as a component unit to the Brazos County. It should be reported as a special revenue fund in the County's CAFR. A budget should be set up to monitor the fund's financial activities. Vol. / - 5A pg. 19/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 3.4 1 0/1 81201 1 FUND DIV ACCT f DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 61130000 CR Contingency _ 236,4 4_2_ . 78 0100 56001000 80289000 DR Eq - R &B 236,442.78 Road and Bridge Admin Reallocation of funds to purchase three 3/4 ton pick -up trucks, two 6 yard dump trucks and one steam cleaner. Equipment was approved during FY 12 Budget Hearin s_ I I Prepared Sy 11 Date: 10 /1 3 /2 0 11 15 11 County Jud&,Approval i ate — 1of1 150, Pg 5/ Vol. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 3.5 10118/2011 FUNDI DIV I ACCT I PROJ I DR/CRJ ACCOUNT NAME Increase Decrea 01 00 14000100 80203000 CR Com uter - Iardware 3,530.00 0100 14000100 67203000 1 DR I Minor Computer Hardware 3.530.00 Information Technolo of funds to purchase a scanner. 1of1 , Vol. 15o' pg.- `� Z� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: October 18, 2011 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 Building Maintenance Sutherland, Judy Other District Clerk Baker, Debbie New Hire Hightower, Virginia Resignation Owens, Dianne Transfer w /in Dept. Expo Helm, Ryan Resignation Monarres, Gerardo New Hire Road & Bridge Hammond, Anthony Resignation Lys, Robert Declined Position SO - Admin Navarro, Mary New Hire SO — Jail Allen, Elisabeth New Hire Miller, Forrest New Hire Approved in Commissioners' Court: October 18, 2011: County Judge's or Commissioner's Signature: ' (This Copy to be attached to minutes) col. 15CA P .916 Brazos County Purchasing Department Weekly Update 1017/11 — 10/13/11 Number of PO's Processed: 190 Requisitions Completed: 30 ACKNOWLEDGED Capital Payments: 10 Projects In Progress o h 01/ Duane Peters Date Construction County Judge Courthouse: Phase I & II - County Attorney area completed o County Attorney in process of moving o Should be completed moving on 10/14 - Renovation of old Dist. Clerk area in progress Phase III - Contract is in progress Bids/ RFP's/ RFQ's Jail Pharmaceuticals - Working on additional considerations for high cost medications o Department reviewing additional information Carpet for Courthouse - Contract approved 10/11 Representation of indigent Juveniles RFP awarded - Contract pending Aggregate for Surface Treatment Flexible Base Crack Seal - Responses under review -Bid out week of 10/17 Renewals Janitorial Supplies Jail Cleaning Supplies -Bid solicitation in progress - Renewal on agenda 10/18 V0 I. P J/ �P Solicitation of Quotes Elevator Maintenance Mail Servcie Other - Contract approved - Renewal in process Auction - Auction proceeds being processed - Purchasing is now receiving surplus from departments Sanctuary Courtroom - A delay in components has project on hold Purchasing Policy - Reviewing and revising policy Electronic Bid System Reviewing contract and requirements Assets Reconciliation on hold until fiscal year 2011 period 13 completed Vol. /Sc�_ P 13) ?_