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HomeMy WebLinkAbout2013-08-27-10:00AM-REGULAR MEETINGBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA 013 ; --3 ? 12: 1 9 BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 27, 2013 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann. 2. Call for Citizen input and /or concerns. 3. Presentation(s) a. Present Proclamation # 13 -017 declaring September 2 -8, 2013 as Brazos Valley Fair Week. b. Update on the 2013 Brazos Valley Fair & Exposition. Consider and take action on agenda items 4 - 32: 4, Resolution 13 -016 Approving the Budget of the Brazos County Emeraencv Communications District 5. Republican and Democratic appointment for Presidina Judae and Alternate Judae for a period of 1 year, endina on July 31, 2014. Cits renuhlicanos v democratas pare Juez Presidente v Maaistrado suplente aor un periodo de un abo. haste e/ 31 de lullo de 2014. 6. Reappointment of the following to the Child Welfare Board: • a. Suzanne Phelps: term of appointment 8/27/2013 throuah =712014 • b Gail Bradburrv: term of appointment 827/2013 throuah 8/27/2014 • c Jeff Reeves: term of appointment 8/2712013 throuah 8/27 /2015 Vol. Pg. 14 • d. Marsy Clark• term of appointment 8/27/2013 through 8/2712015 • e. Lynn Yeager; term of appointment 812712013 through 8/2712015 Appointment of the following to the Child Welfare Board: term of appointments are 8/27/2013 through 8/27/2016: • a. James Lee Henry • b. Beverley Nutall • c. Jackie Perez • d. Angela Wells 6. Approval of Official Bond for John D McGuire Director of Brazos County Community Supervision and Corrections Department. g. County Attorney's Office request approval for variance of Como Time Policy allowing Investigators and one additional employee to carry over accrued comp hours to FY2014. 10. Approval of the following committee to evaluate proposals for RFP # 2013 -89 Arena Hall Parking Lot Renovation: • a. Commissioner Sammy Catalena • b. Gary Arnold • c. Ernest Stutts • d. Karen McQueen • e. Legal (non - voting) • f. Charles Wendt (non - voting) 11. Request from the Juvenile Department to create a position effective August 28 2013 This position will be funded by a Texas Juvenile Justice Department Grant. • Create Prevention Specialist Class Code 1669 Position 1 Group 14 Step 5 PaV Code 014 12. Approval of the iob description for Prevention Specialist for Juvenile (TJPC -State Aid Division). 13. Approval of the following revised iob descriptions for the Sheriff's OfficeJail Administration: • a. Lieutenant • b. Sergeant Jail Division • c. Detention Officer • d. Detention Officer, Booking • e. Program Sergeant • f. Sergeant. DO Custodian of Records 14. Interlocal Agreement with the City of Bryan and City of College Station for Emergency Ambulance Service for FY 2013. 15. Consider and take action on an agreement with Grantworks. Inc. to perform environmental review for administration of 2013 Texas Capital Fund grant. 16. Title IV -E Child Welfare Services FY2014 Contract # 23940058 17. Title IV -E Legal Services FY2014 Contract # 23940059 18. Discuss and take possible action on contract with Cameron County for Juvenile Residential Services 19. Consider and take action on an agreement with Citibank N.A. for depository services. M Approval of contracts for subscriptions for Lexis Nexis for the County Attorney's Office and all Judges 21. Approval of contract with Texas Voting Systems and the committee's decision to contract with Texas Vol._ Pg.. /_��_ Votina Systems due to no proposals being received for RFP # 2013 -71. Election Services. 22. Requisition # 00043815 to Mitchell & Morgan in the amount of $6.000.00 for the Engineering report for the EDA Grant to uparade Mumford Road. 23. 24. 25. Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XII, 18.460 Acres, J.M. Barrera Survey, A -69, Colleae Station (ETJ). Brazos County, Texas. Site is located in Precinct 1. 26. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Burt Road. This protect will provide water service to new customer at address #4542. Site is located in Precinct 2. 27, Tax Refund Applications for the following: • a. Vireil T. Hare - overpayment- $45.76 • b. CIP (TX) LLC- overpayment- $100.00 • c. Susan Marie Hartzog-overpayment-$62.70 • d. Royce Propertiesoverpayment- $1939.13 284 Budget Amendments. Budaet Amendments FY 12/13 46.1 thru 46.12 294 Personnel Change of Status. Personnel Action Forms 30. Payment of Claims. 31. Convene into the following Executive Sessions: • a. Executive Session pursuant to Texas Government Code 551.072 to deliberate the purchase, exchange, lease, or value of real property. • b. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or a settlement offer. 32. Consider and possible action on Executive Sessions. 33. Acknowledgement of the Order Reappointing County Auditor. 34. Acknowledgement of the Order Determining Compensation of County Auditor and Assistant County Auditors. 35. Acknowledgement at the Order Determining Compensation of Court Reporters. 36. Acknowledgement of the Research Valley Partnership, Inc. Financial Statements with Independent Auditor's Report for the Year Ended September 30, 2012. 37. Sheriff's report on inmate population. 38. Announcement of interest items and possible future agenda topics. 39. Call for Citizen input and /or concerns. Vol. _1194 1-,-- /11'40 40. Adjourn. Vol. - _ - /_gi Pg /S/ 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 andlor 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 Taxes 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 andlor Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, andlor 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 Courts 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 andlor 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 Courrs presence andlor 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 speakers time; 2. removal from the Commissioners Court; 3. a Contempt Citation; andlor 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 property 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 andlor 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., Sulfa 106, Bryan, TX 77803 is wheelchair accessible. Handicap panting 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. BRAZOS COUNTY BRYANJEXAS MINUTES August 27, 2013 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Sianature Paae.odf n File stamped Aaenda.odf Sian in sheet.odf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, August 27, 2013 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precict 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 - U.S. and Texas Flag - Chaplain G.H. Jones and Commissioner Wassermann. 2. Call for Citizen input and /or concerns. There was no citizen's input. Presentation(s) F ol. / 7R Pg..fJ� I Fir Res 13 -017 Brazos Valley Fair Week.odf . a. Present Proclamation # 13 -017 declaring September 2 -8, 2013 as Brazos Valley Fair Week. The County Judge read aloud the Proclamation and presented it to Tom Quarles. Mr. Quarles thanked the Court and expressed excitement about the upcoming second year of the fair. LO Item 3b.odf e b. Update on the 2013 Brazos Valley Fair & Exposition. Mr. Tom Quarles introduced Fiona Lockhart and Karl Hengst both Assistant Managers of the fair. Mr. Hengst passed out fair badges to the members of the Commissioners Court. Ms. Lockhart then gave a presentation on the fair. Mr. Hengst added to Ms. Lockhart's presentation and Mr. Quarles concluded. Consider and take action on agenda items 4 - 32: 4. Resolution 13 -016 Approving the Budget of the Brazos County Emergency Communications District. 0 Item 4.)d The Court accepted as submitted a resolution approving the budget of the Brazos County Emergency Communications District. 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 . 5. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2014. Item 5.Dd Cita republicans y dem6cratas para Juez Presidente y Magistrado suplente por un periodo de un ano, hasta el 31 de julio de 2014. A copy of the list of appointments for Presiding Judge and Alternate Judge for elections 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 . 6. Reappointment of the following to the Child Welfare Board: D Item 6.Ddf • a. Suzanne Phelps; term of appointment 8/27/2013 through 8/27/2014 • b. Gail Bradburry; term of appointment 8/27/2013 through 8/27/2014 • c. Jeff Reeves; term of appointment 8/27/2013 through 8/27/2015 • d. Marsy Clark; term of appointment 8/27/2013 through 8/27/2015 • e. Lynn Yeager; term of appointment 8/27/2013 through 8/27/2015 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Vii. _.._ /_851 I ,_; /J-v Wassermann. Appointment of the following to the Child Welfare Board; term of appointments are 8/27/2013 through 8/27/2016: lb Item Todf • a. James Lee Henry • b. Beverley Nutall • c. Jackie Perez • d. Angela Wells Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Approval of Official Bond for John D. McGuire, Director of Brazos County Community Supervision and Corrections Department. 0 Item 8.)d A copy 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 . 9. County Attorney's Office request approval for variance of Comp Time Policy allowing Investigators and one additional employee to carry over accrued comp hours to FY2014. 9 Item 9.odf Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 10. Approval of the following committee to evaluate proposals for RFP #2013-89, Arena Hall Parking Lot Renovation: 0 Item 10.odf • a. Commissioner Sammy Catalena • b. Gary Arnold • c. Ernest Stutts • d. Karen McQueen • e. Legal (non- voting) • f. Charles Wendt (non- voting) Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 11. Request from the Juvenile Department to create a position effective August 28, 2013. This position will be funded by a Texas Juvenile Justice Department Grant. Z1 Item 11.odf . Create Prevention Specialist, Class Code 1869 Position 1, Group 14 Step 5, Pay Code 014 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard, Peters, Wassermann. 12. Approval of the job description for Prevention Specialist for Juvenile (TJPC -State Aid Division). Item 12.0f A copy is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 13. Approval of the following revised job descriptions for the Sheriff's Office -Jail Administration: 0 Item 13.pdf • a. Lieutenant • b. Sergeant, Jail Division • c. Detention Officer • d. Detention Officer, Booking • e. Program Sergeant • f. Sergeant, DO Custodian of Records A copy of each is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . 14. Interlocal Agreement with the City of Bryan and City of College Station for Emergency Ambulance Service for FY 2013. }.'3 '. • Item 14.odf A copy 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 . 15. Consider and take action on an agreement with Grantworks, Inc. to perform environmental review for administration of 2013 Texas Capital Fund grant. LD Item 15.odf Cost to Brazos County will be $5,000. 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 . 16. Title IV -E Child Welfare Services FY2014 Contract # 23940058 D Item 16.odf The effective date is August 30, 2013. A copy 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 . 17. Title IV -E Legal Services FY2014 Contract # 23940059 Item 17.odf Vol.—/ - P9• /.� The effective date is August 30, 2013. A copy 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 . 18. Discuss and take possible action on contract with Cameron County for Juvenile Residential Services. LD Item 18.odf The term of the agreement is for twelve (12) months commencing September 1, 2013 and ending August 31, 2014. The cost to Brazos County is as follows: $95 per day per child A copy of the contract is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 19. Consider and take action on an agreement with Citibank, N.A. for depository services. 0- Item 19.pdf The term of the contract is from September 1, 2013 through August 31, 2017. A copy of the contract 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 . 20. Approval of contracts for subscriptions for Lexis Nexis for the County Attorney's Office and all Judges. Item 20.odf The renewal periods and monthly commitment amounts are as follows 09 -01 -2013 to 08 -31 -2014 $935 per month 09 -01 -2014 to 08 -31 -2015 $963 per month 09 -01 -2015 to 08 -31 -2016 $992 per month A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard, Peters, Wassermann . 21. Approval of contract with Texas Voting Systems and the committee's decision to contract with Texas Voting Systems due to no proposals being received for RFP # 2013 -71, Election Services. Ub Item 21.odf Due to no other proposals being received, the Court awarded RFP #2013 -71 and approved as submitted the contract with Texas Voting Systems and the committee's decision to contract with Texas Voting Systems. Cost to Brazos County will be $24,900 for the Brazos County Constitutional Amendment Election, City of Bryan, Bryan Independent School District, City of College Station and College Station Independent School District Elections to be held November 5, 2013. A copy of the contract is f �g�_ pg. /s% attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 22. Requisition # 00043815 to Mitchell &amp; Morgan in the amount of $6,000.00 for the Engineering report for the EDA Grant to upgrade Mumford Road. 0 Item 22.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 23. Consider and take action on acceptance of the roads ( Bentwood Drive, White Fawn Circle, La Posada Circle, Meadowhill Drive, Morning Dove Circle, Arrowhead Ct., Falling Leaf Ct., Painted Sunset Court, Shadow Bend Court, Ripple Wood Court, Mirror Pond Court and La Granja Court) and associated roadway drainage structures of Bentwood Estates Phase 1 and Phase 2 into the Brazos County road maintenance system. Site is located in Precinct 1. Is? Item 23.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 24. Consider and take action on acceptance of the roads (Lariat Lane, Vintage Oaks Drive and High Meadow Trail) and associated roadway drainage structures of Saddle Creek Subdivision Phase 3 and Phase 5 into the Brazos County road maintenance system. Site is located in Precinct 1. D Item 24.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 25. Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XI I, 18.460 Acres, J.M. Barrera Survey, A -69, College Station (ETJ), Brazos County, Texas. Site is located in Precinct 1. D Item 25.odf Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 26. Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Burt Road. This project will provide water service to new customer at address #4542. Site is located in Precinct 2. D Item 26.odf The County Judge noted that this was in Precinct 4 rather than Precinct 2 as noted on the agenda. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 27. Tax Refund Applications for the following: Vol. %___�_ . P( /s8' D Item 27.odf • a. Virgil T. Hare - overpayment - $45.76 • b. CIP (TX) LLC- overpayment - $100.00 • c. Susan Marie Hartzog - overpayment - $62.70 • d. Royce Properties- overpayment - $1939.13 Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 28. Budget Amendments. Budget Amendments FY 12/13 46.1 thru 46.12 0 Item 28A 46.1 Reallocate funds for Associate Judge #2 46.2 Transfer funds from General Fund Contingency to District Attorney 46.3 Reallocate funds for Justice of the Peace 3 46.4 Reallocate funds for Facilities Services 46.5 Reallocate funds for Facilities Services 46.6 Transfer funds from General Fund Contingency to Court Support- Criminal 46.7 Reallocate funds for Juvenile Title IV -E 46.8 Reallocate funds for Road & Bridge Shop 46.9 Reallocate funds for Non - Departmental 46.10 Transfer funds from General Fund Contingency to Court Annex 46.11 Reallocate funds for Juvenile Detention 46.12 Recognize revenue for District Attorney Forfeiture. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 29. Personnel Change of Status. Personnel Action Forms D Item 29.odf A copy of the personnel Change of Status Requests 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 . 30. Payment of Claims. SD Claims Sheet i)df 0 BILL LIST 08.27.13.odf 7113378 through 7113630 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 31. Convene into the following Executive Sessions: p9.-5% . a. Executive Session pursuant to Texas Government Code 551.072 to deliberate the purchase, exchange, lease, or value of real property. At this point, the County Judge announced the Court would consider items 33 through 39 then return to convene into Executive Session. Having considered the previously noted agenda items, at 10:45 a.m. the County Judge announced the meeting closed to the public so that the Court could meet in Closed Executive Session to discuss the purchase of real property as allowed under Section 551.072 of the Texas Government Code. The following individuals were asked to stay for the meeting: Candy Gallego, Executive Assistant Bill Ballard, Civil Counsel Bill Jeanes, Risk Manager . b. Executive Session pursuant to Texas Government Code 551.071 to consult with attorney about pending or contemplated litigation and /or a settlement offer. The following individuals were asked to stay: Larry Summers, Attorney Bill Jeanes, Risk Manager Jennifer Salazar, Human Resources Director Bill Ballard, Civil Counsel Sheriff Chris Kirk Chief Deputy Jim Stewart Candy Gallego, Executive Assistant. 32. Consider and possible action on Executive Sessions. At 11:23 a.m. the County Judge announced the meeting open to the public and announced that no action would be taken on the Closed Executive Session. 33. Acknowledgement of the Order Reappointing County Auditor. 10 Item 33.odf The Court acknowledged receipt of the Order of the District Judges reappointing the County Auditor. 34. Acknowledgement of the Order Determining Compensation of County Auditor and Assistant County Auditors. 0 Item 34.odf The Court acknowledged receipt of the Order of the District Judges determining the compensation of the County Auditor and Assistant County Auditors. 35. Acknowledgement of the Order Determining Compensation of Court Reporters. D Item 35.odf The Court acknowledged receipt of the Order of the District Judges determining the compensation of the Court Reporters. 36. Acknowledgement of the Research Valley Partnership, Inc. Financial Statements with Independent Auditor's Report for the Year Ended September 30, 2012. 1D Item 36.odf Item 36 financial statement.odf The Court acknowledged receipt of the Research Valley Partnership, Inc. (RVP) financial statements for the year ended September 30, 2012. 37. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 629 inmates in jail, 48 have electronic monitors and 14 are pending for monitors. 38. Announcement of interest items and possible future agenda topics. There were no announcements. 39. Call for Citizen input and/or concerns. Dr. Doug Vance, Director of the Juvenile Services Department thanked Sheriff Chris Kirk for his help in moving furniture, the IT staff for moving computers and maintenance staff while the Juvenile facility was being painted. 40. Adjourn. 1 Pg /C/ The foregoing minutes of the Commissioners Court meeting held August 27, 2013 have been examined and are approved in open Court this 1� day of PXYI 6-e r, 2013, in Bryan, Brazos County, Texas. AA., Duane Peters Lloyd WAssermann County Judge Commissioner, Precinct 1 4xw 4&7Zs-- a- Sammy Catalso Kenny Mallard Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Attest: 96iL �(— Kdr6n McQueen County Clerk Vol / S!5� Page /t� BRAZOS COUNTY COMNIISSIONERS COURT Meeting on - i ga, 0 PAGE; f of .. Vol. 87 N9. ��✓ G i m PAGE; f of .. Vol. 87 N9. ��✓ BRAZOS COUNTY COMMISSIONERS COURT Meeting on 97 1 .2O 13 V A) ; �D of Name Organization /Department w4. # � �lc�—re» �w�4 r n o vkvo+-a IIA PAGE �� of 2 �� pg. /G l7 /i!__s_• � �: //� .�, rev_. ;: • � Ir WHEREAS: The Brazos Valley Fair and Expo, a regional fair whose reach and scope will encompass the entire state of Texas and surrounding areas, will be held September 5 -8, 2013 for this, its exciting Second Annual Event; and WHEREAS: The Brazos Valley Fair and Expo is dedicated to its motto: "Showcasing Agriculture, Education and Youth to Enhance our Texas Culture"; and WHEREAS: The Brazos Valley Fair and Expo was organized for educational, scientific and charitable purposes to encourage, promote and maintain agricultural science, research and educational functions; and WHEREAS: The Brazos Valley Fair and Expo is committed to providing funds for scholarships and other educational programs to educate the youth of Texas for future generations. NOW, THEREFORE: I, Jason Bienski, as Mayor of the City of Bryan, and I, Nancy Berry, as Mayor of the City of College Station, and I, Duane Peters, Brazos County Judge do hereby proclaim September 2 - 8, 2013 as: 53w/m `Uatte# .90-aft- W e& CITY OF BRYAN CITY OF COLLEGE STATION BRAZOS COUNTY Jason Bienski, Mayor Nancy Berry, Mayor `J'Wceainred tRr6 dark 4 Q.ugwt, 2013 pg.— /Cs� RESOLUTION NO. 13-Dl(p A RESOLUTION APPROVING THE BUDGET OF THE BRAZOS COUNTY EMERGENCY COMMUNICATIONS DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the laws of the State of Texas provided for interlocal governmental agreements to benefit the citizens of the State; and, WHEREAS, the voters of Brazos County have approved the establishment of the Brazos County Emergency Communications District in accordance with State law; and, WHEREAS, the Board of Managers of the District have approved the Budget for fiscal year 2013 -2014; and, WHEREAS, Section 772.309 of the Health and Safety Code requires the approval of the District's budget by the Commissioners Court of the County located in the District and a majority of the participating jurisdictions in the District; and, WHEREAS, the undersigned authorities have, in public meeting, approved the annual budget of the District as submitted to them; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S COURT OF BRAZOS COUNTY, TEXAS THAT: The Commissioner's Court of Brazos County, Texas hereby approves the annual budget of the District as submitted to them and as provided for by law. 2. A copy of the budget is attached hereto as Exhibit "A" and incorporated herein by this reference for al I purposes. 3. This Resolution shall be effective immediately upon its adoption and passage. ADOPTED AND PASSED by affirmative vote this day of 2013. BY: Duane Peters, County Judge ATTEST: BY: Karen Mcqueen,-County lerk /4 i July 24, 2013 Brazos County Commissioners Court City of Bryan City College Station City of Kurten City of Navasota City of Wixon Valley Member Jurisdictions: Enclosed is the District's proposed budget for FY 2014 which outlines our financial plan for the upcoming fiscal year. In accordance with Section 772.309 of the Texas Health and Safety Code, the District is required to provide your entity with a copy of our proposed budget and allow you a period of 45 days to review the document and submit any comments back to our Board of Managers prior to the adoption of the budget. If we do not receive your approval or disapproval within 60 days, your consent will be assumed. As you review this proposal, please keep in mind the unique dual mission of our District: first, as the managing authority of our local 9 -1 -1 system and second, as administrators of our combined communications center. It is important to note that each one of these missions is financed by its own distinct funding source and this budget is designed to distinguish the costs associated with each of our missions while accurately and fairly dividing those costs between all entities that have an investment in our operations. For your convenience, I have also included a resolution approving our budget if you would like to use it. However, you are free to comment, approve, or disapprove our budget using any procedures or resolution which your organization deems appropriate. Please do not hesitate to contact me with any questions you may have regarding this proposal or any other aspect concerning the operation of the District. R pec ully submitted for your consideration, Patrick C. Corley Executive Director Vol. ••exrmenitflndN: r[xeB.evlpN .l" lmnx OYats - 599.1i] lµlMx�Wngµ 4410&OInO e7elx can ! %,11] 'tl.)ll,LLl ) . a6rxv dxnelo c9e7e 9S9,n] 11. 90 .Miw ' Sxlx Owq OhFVW Oxurey Cwb 1 YE bSA •S %Aw G IOUu :NeYPi?n4"GK+ S Sl4WY 1nxlm xG lM pxnv .0 We m m Falf AAA WI 3 !t ' ' WHEN•SEMNUS COUNT.. 56IMMAKY OF THE PRELIMINARY BUDGET FY 2014 TOTAL MI NDROIFS: 7/1/2013 Ib! Y m r[xeB.evlpN .l" lmnx OYats - 599.1i] ]R'•:.3iL -'�W Sµgw ! %,11] F^ W Mried]9.• t T ' Ye.e m eq f91RMMMl 9S9,n] i.v' }.itih!yti Tn R2.!SU,N1'1:90 9M 613 1 YE 510! wnSgbAAAWI r Si:b :NeYPi?n4"GK+ uo Ire Sl4WY Ta .0 We m m Falf AAA WI Sµ.® M.3'•.i9:?:Sh`h1 LWIFoo, %9A00 59,1N W \e u IIwNM xlvr Wnd lnunµe >RY•.M+T:W` ": F_. 3511 %iii i! JYa m u QAAA' Gq Mt be JA4. lagr'feJm: faiu,S%m,Y S 07 M M6 O U MI Me Oratwad en tivm . w, "J @��" S )3 fNW S2.06 lA Ma xq Frvm,nlFetleM 1 'iLifNO #11:: SMe Oti: { 369 7u .0 n7 MMme Gmnunkatl.n. m Iu ]Ae Nun! GlTxm t. lW.. YH 6).µi 111,916 !4tl! m w ]Iq lmexwerOpvemre(q $750 Y 11 !� !M 6% Sl)l.]M '$11.13! u ix0 Oe el !me i Wmll! ) tm w aF •01 IT, {A u !a YJewlsn Ln IrMl9 Li.ri4��."e lu t)- 617 1 w ae lu Ouwtlme le S6 b^ fi V214's !2 u6 !1.! Ikw•M+b 33p4 Y: 9 W. $14w ,. W31. '$115 l!J Yl a] Hn91me 4,We - :9fSK3setl1' ]i 372,31K "!3036 TfIS1LL WAfiIS: tl'S 'MT 1Ci 8LS 19wR':: . / -Ilvm MS3: Yfa s]ni!2T 3s9fso n6�IL �1]e95eS6: 93141]]. %.N' T.., bxnNl -1 1-1.13, df1P1n. 0] 6iRA 'C+IIf3],MSS191i99.Zf1]ITSRll ICS9feiul7tEc' x9xo9mx , _ 1'unmxexurtwx:,.._ ., 6neemMl ] %1- ":ui]I$DyOYfi: mjqoa� Y %R97 57.6w Sµgw $xy {6 >C4.v..,'au)p '.'H,tW6 011ke to Ht -I fe,om H'.0 bn,: Wwln'• Mrxenx f M] R2.!SU,N1'1:90 1]%9 $l,Df 510! m Si:b 0 uo Ire s3L741 slt SO SLOm b e w 1A LWIFoo, $].]µ 59,1N SQ! Wnd lnunµe 'Sll F_. 3511 %iii $1µ9M SII W T.., bxnNl -1 1-1.13, df1P1n. 0] 6iRA 'C+IIf3],MSS191i99.Zf1]ITSRll ICS9feiul7tEc' x9xo9mx , _ i "; 439,430; 1A.Irl Ic,:: i"I", LI ��'ifi <,ry.AT [' ,a, dN.L:Y,a 1141x{ 4 MAINTENANCE& CONTNACTIIAISCFVICESIX.,S) -i!?S lln.�, :..f .t i,AC rw w .... .. �..�n.wxN 11re0nbFIP ''p 2 1'- . ":•::+'n; 5µx S67,a. mjqoa� Y %R97 57.6w ME m 7 xvxulil x31 wl nJ 011ke to Ht -I fe,om H'.0 bn,: $am S 'SO' w ue ua N • f65o .> 6yW 5'1 An Si:b 0 uo Ire xiµ Sr.aaa �•'- !!S%!: �•:.. 1Ma SLOm b i "; 439,430; 1A.Irl Ic,:: i"I", LI ��'ifi <,ry.AT [' ,a, dN.L:Y,a 1141x{ 4 MAINTENANCE& CONTNACTIIAISCFVICESIX.,S) -i!?S lln.�, :..f .t i,AC rw w .... .. �..�n.wxN 11re0nbFIP ''p 2 1'- . ":•::+'n; 5µx S67,a. mjqoa� Y %R97 57.6w Sm.m WK rv. -.saa Q:T %0 x31 wl nJ Mone m eemGr Ma1M. ]0 4,VM 39-92 $1,13, 571410 Sxe 5 WS xt K•MMNMIMNx.•MYCl d. lb J.l9S' • %J'M1'I !]µ $7,011 !o W u u xuuMtl AU111 \�SF:F.?a "Jk b0 0 e w 1A LWIFoo, 3]e.Cb 6.R.`. +1d2byVy� SQ! xi u r. uOxeNwe•svNmax NeM. 5]Si33 TN4, =W- 1 LSn SSSjb Sw 1. n.9 xK.M .MNm. 7b faiu,S%m,Y S 07 M .5[N m us u.e CWI . �M60T,fAS 00 Si= b m Se0 ips uRxsimimmY $ 'iLifNO #11:: SMe t],ICO t! 7u .0 n7 MMme Gmnunkatl.n. 97] ilWt bE 51 7O t. sm IMI w Y G \Y SeMy S75Y }DY ,�`!1`JtiAI 57% $750 u w m5 VMilblbt N Yf OSY]] ^.s0:1!:n S1,1105 $].%0 % tm w aF •01 I s9Mgb 1 0 TOTAL MNNTfNM[F•(INTOCTWt MWIM. 6f 9M' !' 111PI ./. Imn2031: Nk!S9sPfe�2 '..'TL`>z' Cpn IC.9Mf;uiFry' 1�. %el Id"', DISTRICT TOTALS 10 REVENUE 12 EXPENDITURES 13 WAGES 14 BENEFITS 15 SUPPLIES 16 MAINTENANCE & CONTRACTUAL SERVICES 17 EDUCATION, TRAINING & MISC. SERVICES 19 CAPITAL OUTLAY /RESERVE 20 CITY OF DISPATCH WAGES 22 BENEFITS 23 SUPPLIES 24 MAINTENANCE & CONTRACTUAL SERVICES 25 EDUCATION, TRAINING & MISC. SERVICES 26 BRAZOS COUNTY DISPATCH WAGES 28 BENEFITS 29 SUPPLIES 30 MAINTENANCE & CONTRACTUAL SERVICES 31 EDUCATION, TRAINING & MISC. SERVICES 32 Vol. �� 17� May 9, 2013 The Board of Managers: Ron Mayworm, Chairman Judge Duane Peters Commissioner Lloyd Wassermann Hugh Walker Chief Jeff Capps Mike Hood Board Members, Attached is the District's preliminary budget for FY 2014 which outlines expenditures for 9 -1 -1 and provides a starling point for us to begin working with the City of Bryan and Brazos County to determine their dispatch related needs for the upcoming year. As in the past, this budget is designed to distinguish the costs associated with each of our missions while accurately and fairly dividing those costs between all entities that have an investment in our operations. We have some major projects planned for the 9 -1 -1 side of our operation in the upcoming fiscal year. The budget includes funds for the purchase and installation of a new, state -of- the -art, IP based 9 -1 -1 system. While our current 9 -1 -1 system has served us well since December of 1999, we look forward to moving on to newer technology and the possibilities provided by the enhanced feature set of the new system. Also included for FY '14, are funds for some much need facility improvements for the District. I will be updating the Board on the specifics of these improvements at our next meeting. In dispatch, we have worked hard over the past year to improve efficiency by instituting sound, common sense policies, and developing new methods to balance workloads and expenses to ensure we are staying on track financially. We have been very successful in this endeavor and have developed a proven approach to ensure we can continue to meet our goal of providing a high level of service at a minimal price point. Our plan for dispatch this year is to focus on quality with an emphasis on employee retention. Included in this preliminary budget, are a number of charts and graphs related to employee retention which outline some of the areas In need of improvement. In short, our dispatchers are paid a competitive wage when they begin their tenure with the District, but we quickly fall behind most other agencies when it comes to our more experienced staff. This opens the door for our veteran dispatchers to pursue other careers which pay a higher wage. I believe this plays a major role in our high turnover rate. In response, I am proposing some market adjustments to the pay scale which will begin the process of aligning our pay scale to that of similar agencies. I plan to explain all aspects of the budget at our upcoming meeting on the 16'° of May, but please do not hesitate to contact me with any questions you may have regarding this proposal prior to the meeting. Respectfully submitted for your consideration, Pi 1. v Patrick C. Cor Vol. l 4f Pg. 171 History & Purpose of the Brazos County 9 -1 -1 District: One district, Two Missions Our local 9 -1 -1 System: The Brazos County Emergency Communications District was created in 1988 under the authority of the Texas Emergency Telephone Number Act to build and maintain an Enhanced 9 -1 -1 emergency communications system to serve the citizens of Brazos County. The Brazos County 9 -1 -1 District continues these efforts today by continually upgrading and enhancing our 9 -1 -1 system as new technology becomes available. Our local system is funded by emergency service fees which are paid monthly by local individuals and businesses that own a landline, wireless, or VolP phone. The District owns and maintains the equipment and network infrastructure needed to route all 9 -1 -1 calls originating within the political boundary of Brazos County to an appropriate 9 -1 -1 answering point. Our Combined Dispatch Center: Shortly after the District was formed, we began operating a dispatch center for local agencies interested in taking advantage of the cost savings and operational advantages of a combined communications center. Today, we provide dispatch services, at cost, for the City of Bryan Police and Fire Departments, the Brazos County Sheriff's Office, as well as all of the Constables and Volunteer Fire Departments in Brazos County. Participation as a member of our combined dispatch center is renewed annually and participating entities are billed monthly in order to fund the center's operation. Mission Statement The mission of the Brazos County Emergency Communications District is to provide swift and appropriate access to public safety services for the citizens of this community. Vol. Or Pg.1%%0 Prepare a Preliminary version of the budget which outlines several options for the upcoming year. -County Applications due May 15th, contacted Irene Jett with the County Budget Office on 4/25 to explain our process with the County. (May 16th) Present Preliminary Budget to BOM and discuss District's needs for upcoming year Set up meetings with City of Bryan & Brazos County to discuss specific plans and goals for the Combined Communications Center and identify priorities for the dispatch portion of the budget Set appointments for Council Presentation and County Budget Hearing j (Calendar for County opens May 26th) (June 21) Optional Board meeting to update BOM on status of Budget Present Preliminary Budget to Bryan City Council and Brazos County Commissioner's Court County Budget Hearings will be held the 1st -12th (July 18th) Present the Proposed Budget to BOM for approval Mail Proposed Budget & Resolutions to entities (MUST be received no later than August 1st) phis Mt aWww tt�"Otles Vs tl.rV9 td �evlmw :hr w4 wt argil tnf 1"Wttl faa A iu 11,c IMITAPF14M m the sopG ,IIA t 19tr dsasrad &ale- •sinj„ It WiH SSidlla�x rstm egq�tr?(5 t dw, u� ra t+et lu6hr tp (tw MW txidg+t vtw c x cnu a maitar{iy teas to aptaws ih,I, pxoNwd 6wijeti VUL 3_ /7j Vol. / Y Pa. /% I J z w a- m U N -g=w --M CL a V o : UozWC V z S W m pc m m KN p w°a MT M O mm m S E z O (.. N zzU f« o m W U ~0 V^ ' �+. WO> a 0 aN W CLO^L O zW0 0 OMU T v W W yQO ff.^ vZz c 31. c E �ry ao N •� mam ba�z miaow 0< A. w` 2 E tVCwz xw o� �$ F� O D M< w W z ■ w 0 0 O tB 0 O M �-iQ • w = Q Z N 4—J yob ow >: 0 :u :2 an W. t v O J 2 J J m E ¢ E •� 40O 0 J> uz f O / J V) �Ma QLLX w w N I 0 P W W _ _ Q ~ w U W U ] A �+ W m L. r. W 2E H Y T i w O mK ' m ' f � t! J z Z ? a T a _ p� Z —Mzo OU m0 U W V ~O a A- w to o M LU OI M�i m€ i0ED }w m �r a m pW0 _ EA wom wE wB m �d Vol. / Y Pa. /% I w U K D O z Z E z W I a `o w v 0. Y'r fV E rs 2 r+ E m 1� r S n ro m v 0 z a E ti 0 i a ti a x w m ro c ro m w a a m c r a `o w v 0. Y'r fV E rs 2 r+ E m 1� r S n ro m v 0 z a E ti 0 v � �L y_ C E T1 }1 T L u a N � O Q) N > i V- m z cW G H a W 0 W z LL Z } K m z W Q a W 0 W V J 0 CL z a T m 0 m a V a 0 r m m V V � W LL W N 0 LL ryi z Z 0 u N N co co W u C6 LL 0 H LL _LL w W S H Z O u N O N Q ca m J J u N a-1 o, z Z O O N 0 N Q m Ln W LAJ m H z 0 u Z m 0 u Ln ry0 Q K m s Q a o � F O a y N N a w Vol.._ �_� Pg.zn/. ! 0 v Ln O N n� fD Number of Dispatchers mn 3 M v A M M O M C M m Dr Da �o ar 0 0 3 a M r�D 0 C1 G M 3 Q cr prC n Dpi _S 7 a 0 s CD a an M n 0 0 CD M x "6 m o' 7 (D G. CL I'? s M N o� 00 Q d _N 0 cu CL 0 x c 3 WA M V co l~O o O 00 00 00 O 00 00 00 Vol. ( If 1-9. O E3 C/) O D O U FT T) ZT CU Cv CO CD C!J N O W m r N r 0 Ln n 0 C 0 ° eD N n E' CD 0 m � d o T 3 N :3 O Dw m c ^ 3 f1 > w m ao fD N (") 0 n Q O 03 c g 3 g n eD 0 < o Vol. ( If 1-9. O E3 C/) O D O U FT T) ZT CU Cv CO CD C!J N O W m r N r 0 Ln n 0 C FY 2014 BUDGET TOTALS 9-1-1 DISTRICT WAGES APPROVED FY 2013 $370,251 PROPOSED FY 1014 $357,959 f ROM Fy 201 )$12,292) BENEFITS $157,819 $174,895 $17,076 SUPPLIES $9,650 $9,650 $0 MAINTENANCE & CONTRACTUAL SERVICES $477,044 $522,458 $45,414 EDUCATION, TRAINING & MISC. SERVICES $58,000 $56,850 ($i,iSO) CAPITAL OUTLAY $44,500 $1,280,000 $1,235,500 CAPITAL RESERVE $0 $0 $0 9 -1 -1 DISTRICT TOTAL: $1,117,264 $2,401,811 $1,284,547 CITY M e WAGES $917,813 $968,131 , $50,318 BENEFITS $389,007 $416,212 $27,205 SUPPLIES $6,466 $6,369 ($97) MAINTENANCE& CONTRACTUAL SERVICES $47,574 $45,130 {$2,444} EDUCATION, TRAINING & MISC. SERVICES $20,903 $21,117 $214 CITY OF BRYAN DISPATCH TOTAL: 1 $1,381,763 ;' 1 $1,456,959 $75,196 BRAZOS COUNTY DISPATCH WAGES $487,037 $520,995 $33,958 BENEFITS $205,849 $223,024 $17,175 SUPPLIES $3,184 $3,281 $97 MAINTENANCE & CONTRACTUAL SERVICES $47,635 $46,347 ($11288) EDUCATION, TRAINING & MISC. SERVICES $10,996 $11,552 $556 BRAZOS COUNTY D15PATCH TOTAL:j $754,701 1 $805,199 1 $50,498 FY 2014 GRAND TOTAL: ,o Ea- Pg. /80 l 9 -1 -1 DISTRICT M 4 / Will ■ REVENUE APP FY 2013 PRO posko f Y 2014 .1- FROM FY2013 oil ! 11 Emergency Service tees $1328,000 $1,3 28 000 $0 rEmergencyServiceFerrt es are col lected from individuals and businesses on a monthly basis that use a landline, wireless, or VoIP hese funds are used to pay for the personnel and equipment needed to build and maintain our local 9 -1 -1 system. Interest Income $2,500 1 $2,500 1 $0 t earns interest from our investment account with TexPool. The anticipated amount of interest to be earned in FY r2014 lected above. Contracts $2,136,465 $2,262,159 $125,694 rutliDispatch lnin represents revenue generated by the Contracts for Dispatch Services between the 9 -1 -1 District and the City of azos County. Specific details of the costs involved in these contracts can be found in this document in the sections patch Services Expenditures for the City of Bryan (COB) and Brazos County (BC). Fund Transfer from Reserves $0 $1,071,311 1 $1,071,311 The District will be transfering money from reserves during this fiscal year to fund anew 9 -1 -1 system as well as some major facility improvements. APP FY 2013 PRO posko f Y 2014 .1- FROM FY2013 oil ! 11 EXPENDITURES TOTAL 13 /V �� -1 -1 District O eratin Costs $1,072,764 $1,121,811 $49,047 resents the annual operati ng cost of the District's 9 -1 -1 system. This includes wages, benefits, supplies, rnote9 ontracts, education, training, and all other misc. costs. Capital purchases are not included in this figure, but are d ely below. 11 Dispatch Operating Costs $2,136,464 $2,262,159 $125,695 This figure represents the total annual expense to operate the Combined Dispatch Center. This includes wages, benefits, supplies, maintenance contracts, education, training, and all other misc. costs. •. r 1101 :11111:10 1111IM111141:111 Isle Capital Outla $44,500 $1,280,000 1 $1,235,500 rThese funds are used to upgrade furniture and equipment owned by the 9 -1 -1 District. Capital outlay for FY 2014 has increased cantly due to the purchase of a new county wide 9 -1 -1 system as well as some major facilitty improvements. to Capital Reserve $213,237 $0 $223,231 rTransfers The strict does anticipate the transfer of any money into reserves for fY 2014. TOTAL 13 /V �� Director line item funds the salary for the Executive Director position and is paid 100% with 9 -1 -1 emergency service line item funds the hourly wages fort he Office Manger position and is paid 100% with 9 -1 -1 emergency service fees. proposing that this position be eligible for up to a 4% merit increase based on a performance review. Administrator 35 This line item funds the hourly wages for the 9 -1 -1 Systems Administrator position and is paid 100 % with 9 -1 -1 emergency service fees. We are proposing that this position be eligible for up to a 4% merit increase based on a performance review. 0 r 9 -1 -1 Systems Analyst $79,323 $45,000 $34,323 v� This position uses a portion of the funds that previoulsy paid for the Associate Director's position. This position will support the District's IT infrastructure and software systems. APPROM ry 2011 PROPOSED FY 201a +± �+FfiO.xM FY 2014 I FIY • • F • , Human Resources Coordinator $33 954 $35,312 $1,358 This line item funds the hourly wages for the Human Resoures Coordinator position and Is paid 100% with 9 -1 -1 emergency service fees. We are proposing that this position be eligible for up to a 4% merit Increase based on a performance review. M � Training/QA Manager $47,944 $56,890 $8,946 riningataunrd his position has changed from previous years. It now includes Quality Assurance duties in addition to training, 1 public education. Overtime Pay $ 6,000 $6,000 $0 _.+'..... ` ": This money is used to pay for overtime hours worked by hourly 9 -1 -1 administrative staff. It is based on historical data in conjunction with our anticipated needs over the upcoming fiscal year. F Incentive Pay $2,730 $3,024 $294 Any District employee with at least six (6) years of service will earn longevity pay. This incentive accrues monthly and is paid p'S out each December. Part-Time Pay $8,008 $8,008 $0 rThese funds are used to pay for one janitorial position. APPROM ry 2011 PROPOSED FY 201a +± �+FfiO.xM FY 2014 I FIY • • 9 -1 -1 BENEFITS APPROVED FY 2013 PROPOSED FY 2014 ♦1- FROM FY #pia 15 Vol. Retirement $30,398 $27,961 $2,437 rThls y funds th e District portion of our retirement plan. The rate for the upcoming year will be is 7.99 %of ll the total wage -time employee. Worker's Comp, Insurance $2,277 $1,790 {$487) rThis tem is used to pay for worker's compensation insurance at a rate of .S %of the total wages. t SS/Medicare $28,324 $27,384 $940 `; This item funds the District's portion of Social Security and Medicare at a rate of 7.65% of the total wages. >yt- . . Unemployment $1,240 $1,260 $20 This line item funds Unemployment as dictated by the Texas Workforce Commission. This rate varies annually and is a percentage of the first $9000 of each employee's total wages. Health Insurance $95,580 $116,500 $20,920 This line funds the health insurance premiums for District employees and retirees. It also includes the cost of life insurance, long term diability, as well as the administrative costs associated with the Flexible Spending Account. O APPROVED FY 2013 PROPOSED FY 2014 ♦1- FROM FY #pia 15 Vol. APPxOVTO FY 2013 PROPOSED FY 2014 -1 FROM PY 2913 WBN�� 9-1-1 SUPPLIES Office Supplies $8,000 $8,000 $0 7Thesefnds are used to purchase general office supplies and paper goods in support of 9 -1 -1 District staff. r Postage & Shipping $650 $650 $0 7Thisunds costs associated with sending and receiving mail and parcels as well as the District's post office box. Printing $1,000 $1,000 $0 .. These funds are used to produce training materials, posters, forms, and high volume copy jobs. APPxOVTO FY 2013 PROPOSED FY 2014 -1 FROM PY 2913 WBN�� 9 -1 -1 MAINTENANCE & CONTRACTUAL SERVICES Copier Lease 1 $2,500 1 $2,500 j $0. This item pays for the 9 -1 -1 District's portion of the copier lease. The District funds 50% of the total lease agreement with the City of Bryan and Brazos County funding the remaining 50 %. 17 VOI. �. Pg. � � Building Lease $30,000 $67,500 $37,500 °3 !; This item covers the District's portion of the lease payment along with some building maintenance, repairs, and cleaning. /Radio Logging Recorder Maint. $1,685 $1,798 $113 rPhone This em is used to pay for software and hardware maintainance on our system that records and stores our radio and ffic. Costs for each entity are based upon the number of channels used. PC & Network Maint. & Misc. E ui $4,830 $4,830 $0 ;: This line provides funds for the repair and maintenance of existing PC's and associated hardware. Examples include keyboards, 'g mice, video and sound cards, and Network Interface devices. Financial Audit $8,000 $9,000 $0 .. This item funds an independent audit of the District's financial records as required by the Texas Health & Safety Code. F 'r + Le al Fees $26,000 $20,000 ($6,000) This line item funds the use of general counsel throughout the fiscal year as well as several legal partnership projects in conjunction with the Texas 9 -1 -1 Alliance. CAD Hardware & Software Maint. $9,417 $21,323 $11,906 7ye line em funds maintenance and technical support for the mapping and E9.1.1 interface to the Tiburon CAD system. this is based on a historical annual increase. a • a Misc. Software Maint. $4,350 $4,785 $435 rThs nds software m aintenance for non -CAD related software such as the District's accounting package, anti -virus page, testing software, etc. Copier Lease 1 $2,500 1 $2,500 j $0. This item pays for the 9 -1 -1 District's portion of the copier lease. The District funds 50% of the total lease agreement with the City of Bryan and Brazos County funding the remaining 50 %. 17 VOI. �. Pg. � � TOTAL 9 -1 -1 MAINTENANCE & to El/8� 9-1-1 MAINTENANCE & CONTRACTUAL SERVICES (CONTINUED) UPS Maintenance $1,000 $1,000 $0 This line item funds the annual maintenance, on -site repair, and technical support for the Uninterruptible Power Supply. The }District pays for 50% of the total maintenance plan. Non-Emergency Communications $14,262 $14,972 $710 r1hDistrict item includes non - emergency telephone lines, long distance charges, mobile devices, and internet connectivity for 9 -1- personnel. Cable Service $0 $750 $750 `.,.' This line item pays our cable television service. d E -911 Services $375,000 $375,000 $0 rfees,eftc', ds are required to pay recurring costs on circuits, 9 -1 -1 equipment maintenance, software maintenance, database hich are al l associated with the District's 9 -1 -1 System &Network. TOTAL 9 -1 -1 MAINTENANCE & to El/8� WAPPROVED FY 7013 PROPOSED FY 2014 +/ FROM -�i i'1 Mllt� 19 VOA. [III M 14 ]!A 01WIRIMI ON • Professional Development $20,000 $20,000 1 $0 rand me item This line item provides funds for training and ongoing professional development through technical training classes, seminars, 1 ED p This 7c t7 r, conferences. and conferences. • Recruiting $1,000 $1,000 $o This I line item provides funds related to the hiring process including advertising, security checks, skills testing, personality item m P teting, and pre-employment medical and drug screening. , a g I Property & Liability Insurance $6,000 $6,950 $950 This item pays for the District's Property& Liability insurance policy. 77 MI,000 9-1-1 Public Education $20,000 $0 This item funds the purchase of products and services which promote 9-1-1 education in Brazos County as well as costs associated with special functions such as National Telecommunicator week and 9-1-1 day. Car Allowance $9,000 $6,900 SZ,loo 74duties. These funds offset the cost of gas plus wear and tear on the employee's vehicle for in-town driving while performing District T Dues & Subscriptions $2,000 $2,000 $0 These funds pay for memberships to professional organizations such as the National Emergency Number Association (NENA) These the Association of Public Safety Communications Officials - International (APCO). The District membership to the Chamber of Commerce Is also included. 0 WAPPROVED FY 7013 PROPOSED FY 2014 +/ FROM -�i i'1 Mllt� 19 VOA. APPROVEDyyF��V 21011 PROPOSED FY 700 +j FRtOM FY 2013 •• j919 : 6 6 8 1 1 1 III 111111 111111111111111111111111111111 . .4 1 r -M. I Re lacement Monitors $3,500 $4,000 $500 7Historically, several monitors are In need of replacement each year and these funds provide a means by which to purchase onitors and associated mounting hardware. . • IJ Facili improvements/Furniture & Fixtures $5,000 $250,000 $245,000 rOffurniture is upgraded as needed to meet the needs of the District. Upgrade Com uter Network 55,000 $5,000 $0 rThese unds are used to replace or upgrade District network infrastructure. r • U grade PC & Hardware $13,000 $13,000 $0 T,. This money replaces and upgrades District computers, printers and other related hardware. 'a" W: ' 1011111141" UW0111121LOW r 4 i 9 -1 -1 Equipment U rades 1 $10,000 1 $1,000,000 1 $990,000 rThIs em funds network, PC, and server upgrades specific to the 9 -1 -1 system and network. This year's budget includes r a new Gouty wide IP based 9 -1 -1 system. Replacement Fund $8,000 $5,000 $0 rEmergency These ds will provide the necessary revenue to replace critical equipment that may fail unexpectedly. APPROVEDyyF��V 21011 PROPOSED FY 700 +j FRtOM FY 2013 •• j919 : 6 6 8 1 1 1 CITY OF BRYAN Kol 0 60fol i� l ' APPROVED FY 2413 PRW1�OW55,ED FY 2014 +/" FROM FY 21313 • • :5" 1 CITY OF BRYAN DISPATCH MINIM= I 111=11111 Director of Dispatch Operations $31,080 $32,323 $1,243 TTh's'o'rine item funds the salary for the Director of Dispatch Operations position and is shared 50 %/50% with the City of Bryan & raCounty. We are proposing that this position be eligible for up to a 4% merit increase based on a performance review. Supervisors 4 $117,539 $135,235 $17,696 rCommunications This unds the salary for 4 C ommunications Shift Supervisors with the costs being shared based upon the amount of icated to each entity. Call Takers 1 $23,685 $26,456 $771 reNon-Emergency hntity e funds pay for personnel to man our non - emergency call taking position. The amount of funding requested from each is based on historical call volumes. COB will fund 7S %far FY 2014. Emergency Operators 8 $205,483 $211,648 $6,165 It, unds the salary for 8 Emergency Operators and is shared 78 %COB and 22% BC. r City of Bryan Emergency Dis atchers 12 $390,158 $407,016 $16 858 rtnjTh line item funds the salary for 12 Emergency Dispatchers and is funded 100% by COB. These dispatchers man the Primary Radio, Secondary BPD Radio, &Bryan Fire Department Radio. Overtime Pay $80,329 $82,453 $2,124 '6 ! When dispatchers take leave time or attend training, the District uses overtime funds to maintain an acceptable level of service ". in the dispatch center. Some special events may also require additional manpower, Incentive Pay $27,200 $30,644 $3,444 rnoht th certain skill sets or assignments maybe eligible for some pay incentives. Examples include language pay, rential, trainers, and team leader s. Some employees also qualifyfor longevity pay. Part -Time Pay $40,339 $42,356 $2,017 ! Part-Time personnel serve the same function as full time employees. They are scheduled to cover peak times, fill In for -. dispatchers taking leave, or provide additlonal manpower during special events. APPROVED FY 2413 PRW1�OW55,ED FY 2014 +/" FROM FY 21313 • • :5" 1 CITY OF BRYAN DISPATCH BENEFITS TOTAL CITY OF BRYAN DISPATCH BENEFITS $389,007 : 1 $416,212 1 $27,205 �8� X93 23 ,- affywaimm Retirement $72,041 $73,969.44 $1,928 F s money funds the COB portion of our retirement plan. This year's contribution rate will be 7.99% of the total full -time ges. s y Worker's Com . Insurance $5 645 $4 841 $844 rThis line item is used to pay for worker's com pensation insurance at a rate of .S %of the total wages. SS /Medicare $70,213 $74,062 $3,849 ,: This item funds the COB portion of Social Security and Medicare at a rate of 7.65% of each employee's wage. Unemployment $4,813 $5,176 $363 rThis item funds the COB portion of Unemployment from the Texas Workforce Commission. This rate is a percentage of the 0 of each employee's total wages. Health Insurance $236,295 $258,164 $21,869 �, ; rThs the health insu rance premiums for District employees and retirees. It also includes the cost of life insurance, lity, as well as the administrative costs associated with the Flexible Spending Account. TOTAL CITY OF BRYAN DISPATCH BENEFITS $389,007 : 1 $416,212 1 $27,205 �8� X93 23 APPROVED FY 2013 PROPOSED FY 2Ot4 .1 FROM FY 2023 • • 1 24 Vol. _ Pg. CITY OF Office Supplies $5,360 $5,280 $80 7Theseds are used to purchase general office supplies and paper goods in support of the COB dispatch staff. Postage & Shipping $436 $429 $7 rThisitemunds costs associated with sending and receiving mail and parcels related to our dispatch operation. Printing $670 $660 $10 These funds are used to produce dispatch related training materials, posters, forms, and high volume copy jobs. l? APPROVED FY 2013 PROPOSED FY 2Ot4 .1 FROM FY 2023 • • 1 24 Vol. _ Pg. IMU�� N��Efffflmm. aRRRavrn FY 2013 PROPOSED Fy 2014 �f FROM FY 2013 25 Af CITY OF BRYAN DISPATCH MAINTENANCE & CONTRACTUAL SERVICES • NCZMZWZ. •• Building Lease 1 $19,200 1 $14,850 $4,350 rThis overs the C OB portion of the lease payment along with some building maintenance, repairs, and cleaning. Phone Radio Logging Recorder Maint. $3,033 $3,559 $526 This line item is used to pay for software and hardware maintenance on the system that records and stores our radio and q"t' a;. phone traffic. Costs for each entity are based upon the number of channels used. • • , .y C & PC Network Maintenance & Misc. Equip. $1 387 $1,443 $56 provides funds for the repair and maintenance of existing PC's and associated hardware. Examples include keyboards, rTh,is eo and sound cards, and Network Interface devices. r + r Misc. Software Maint. $2,915 $3,158 $243 This line item funds software maintenance for non -CAD related software such as the District's accounting package, anti -virus .. ,. software, web page, testing software, etc. Copier Lease $1,675 $1,650 ($25) This item pays for the COB portion of the copier lease. The District funds 50% of the total lease agreement with the City of Bryan and Brazos County funding the remaining 50% based on the amount of resources dedicated to each entity. UPS Maint. $660 $660 $0 rhiiws em funds th e COB portion of the annual maintenance, on -site repair, and technical support for the Uninterruptible ply. Non-Emergency Communications Services $18,704 $19,810 $1,106 ., ` This line item includes non - emergency telephone lines, long distance charges, and mobile devices for Dispatch personnel. r: G IMU�� N��Efffflmm. aRRRavrn FY 2013 PROPOSED Fy 2014 �f FROM FY 2013 25 Af l TOTAL CITY OF BRYAN EDUCATION, TRAINING & MISC. SERVICES: '.'0.903 . 1 $2'Xf117 $214 28 VOI. f �7 g. /j CITY OF BRYAN DISPATCH EDUCATION, Property & Liability Insurance $3,960 $4,587 $627 rThIs Professional Development $12,661 $12,474 (5187) rThis line item provides funds for dispatch related training and ongoing professional development through technical training es, seminars, and conferences. Car Allowance $1,200 $1,200 $0 Recruiting $2,680 $2,460 $220 rThis line item pro vides funds related to the dispatcher hiring process including advertising, security checks, skills testing, onality testing, and pre - employment medical and drug screening. l TOTAL CITY OF BRYAN EDUCATION, TRAINING & MISC. SERVICES: '.'0.903 . 1 $2'Xf117 $214 28 VOI. f �7 g. /j Property & Liability Insurance $3,960 $4,587 $627 rThIs item pays for the COB portion of our Property & Liability insurance policy. Car Allowance $1,200 $1,200 $0 7relasted ds offset the cost of gas plus wear and tear on the employee's vehicle for in -town driving while performing dispatch ties. Due s & Subscriptions $402 $396 $6 '.'.`..',, These funds pay for memberships to professional organizations such as the National Emergency Number Association (NENA) ". a'I',.; and the Association of Public Safety Communications Officials - International (APCO). l TOTAL CITY OF BRYAN EDUCATION, TRAINING & MISC. SERVICES: '.'0.903 . 1 $2'Xf117 $214 28 VOI. f �7 g. /j 27 BRAZOS COUNTY DISPATCH WAGES nircrtnr M llicnntrh nncratinnc Sa•l nftn I 412.171 I ti 74:t TOTAL BRAZOS COUNTY WAGES:I $497,037 1 $520,995 '1 $33,958 1 28 Vol. This line item funds the salary for the Director of Dispatch Operations position and is shared 50 % /50% with the City of Bryan & 18razosCounty. We are proposing that this position be eligible for up to a 4% merit increase based on a performance review. I. Communications Supervisors (4) $60,550 $69,666 $9,116 rThais item funds th e salary for 4 Communications Shift Supervisors with the costs being shared based upon the amount o1 er dedicated to each entity. - Emergency Call Takers (1) $6,828 $7,462 $634 y for personnel to man our non - emergency call taking position. The amount of funding requested from each rentiNon ty on historical call volumes. BC will fund 22 %for FY 2014. Emergency Operators(8) $54,622 $59,696 $5,074 7This line item funds the salary for 8 Emergency Operators and is shared 78% C08 and 22% BC. Brazos County Emergency Dispatchers (8) $260,105 $271,344 $11,239 r'ThVis ne item funds t he salary for 8 Emergency Dispatchers and is funded 100% by BC. These dispatchers man the BC50 Radio /Constable Radio positions. r Overtime Pay $38,651 $ 42,476 $3,825 patchers take leave time or attend training, the District uses overtime funds to maintain an acceptable level of service rin patch center. Some special events may also require additional manpower. Incentive Pay $14,420 $16,208 $1,788 17n)1igM atchers with certain skill sets or assignments may be eligible for some pay incentives. Examples include language pay, shift differential, trainers, and team leaders. Some employees also quality for longevity pay. Pay $20,781 $21,820 $1,039 rPart-Time -Te personnel serve the same function as full time employees. They are scheduled to cover peak times, fill in for disrpaticmhers taking leave, or provide additional manpower during special events. APPROVED FY 2013 •. TOTAL BRAZOS COUNTY WAGES:I $497,037 1 $520,995 '1 $33,958 1 28 Vol. TOTAL BRAZOS COUNTY DISPATCH BENEFITS 29 11111 1111 1111111 11 • • MR-11A 4. 1 •'.•• 1 1• '. 1 Retirement 1 $38,280 $39,884 $1,604 ,:IJ,� This money funds the BC portion of our retirement plan. This year's contribution rate is 7.99% of the total full -time wages. G r • •. . 1 1.1 1 . •. 1 I Worker's Camp. Insurance $2,995 $2,605 $394 } This line item is used to pay for worker's compensation insurance at a rate of .5% of the total wages. r • . 1 1 . •. 1 1• . 1 il SS /Medicare $37,258 $39,856 $2,598 7This u nds the BC portion of Social Security and Medicare at a rate of 7.65 %of the each employee's wage. I • •• 1 1 •••• 1 1 • 1 Unemployment $2,531 $2,743 $212 rhis em funds the BC portion of Unemployment from the Texas Workforce Commission. This rate is a percentage of the of each employee's total wages. Health Insurance 1 $124,785 1 $137,936 1 $13,151 � This line funds the health Insurance premiums for District employees and retirees. It also Includes the cost of life insurance, ...< long term diability, as well as the administrative costs associated with the Flexible Spending Account. TOTAL BRAZOS COUNTY DISPATCH BENEFITS 29 APPROVFDFY2013 PROPOSED Fy 20 14 FROM FY ZO t3 TOTAL BRAZOS COUNTY DISPATCH SUPPLIES:1 $3,1$4 1 $3,2$1 $97 30 / g# o� V • •'. I 1 •'.'. 1 I .. 1 Offic $2,640 $2,720 �Supplies $SO 71These ds are used to purchase general office supplies and paper goods in support of the BC dispatch staff. Postage & Shi in $214 $221 $7 ,� This item funds costs associated with sending and receiving mail and parcels related to our dispatch operation. W` d • • 1 Printing $330 $340 $10 TgThe,77d, e u sed to produce dispatch related training materials, posters, forms, and high volume copy jobs. APPROVFDFY2013 PROPOSED Fy 20 14 FROM FY ZO t3 TOTAL BRAZOS COUNTY DISPATCH SUPPLIES:1 $3,1$4 1 $3,2$1 $97 30 / g# o� V APPROVED FY 2013 yll PROPOSED FY 2014 */-FROMFY2013 TOTAL BRAZOS COUNTY MAINT.& CONTRACTUAL SERVICES4 $47,635 $46,347 1 31� VI - 1 ' COUNTY DISPATCH MAINTENANCE CONTRACTUAL Buiidin Lease $10,800 $7,650 $3,1501 Tisitem covers the BC portion of the lease payment along with some building maintenance, repairs, and cleaning. Phone /Radio Logging Recorder Maint. $2,022 $1,833 $189 This line item is used to pay for software and hardware maintainance on the system that records and stores our radio and " phone traffic. Costs for each entity are based upon the number of channels used. PC & PC Network Maintenance & Misc. Equip. $799 $743 $56 This line provides funds for the repair and maintenance of existing PC's and associated hardware. Examples include keyboards, mice, video and sound cards, and Network Interface devices. DESCRIPTION APPROVED FY 2013 i i i CAD Hardware & Software Maint. $17,376 $20,832 $3,456 `,, This line item funds the BC portion of maintenance and technical support for the Tiburon CAD system. LINE 9 LINE ITEM DESCRIP-PON APPROVED + Misc. Software Maint. $1,435 $1,627 $192 This line item funds software maintenance for non -CAD related software such as the District's accounting package, anti -virus ., iFk software, web page, testing software, etc. LINE 4 LINE ITEM DESCRIPTION APPROVED FY 2013 PROPOSED Fy 2014 .. 1 i Copier Lease $825 $850 $25 v5..:. This item pays for the BC portion of the copier lease. The District funds 50% of the total lease agreement with the City of Bryan . and Brazos County funding the remaining 50% based on the amount of resources dedicated to each entity. LINE 4 LINE ITEM DESCRIPTION APPROVED FY 2013 .•. . FY 2014 FROM FY 1 i UPS Maint. 1 340 1 $340 $0 ut ]This line item funds the BC portion of the annual maintenance, on -site repair, and technical support for the Uninterruptibie Power Supply. i 1 Non-Emergency Communications Services $12,038 $10,472 $1,566 ', This line item includes non - emergency telephone lines, long distance charges, and mobile devices for Dispatch personnel. LINE ITEM DESCRIPTION APPROVED Fy 2013 PROPOSED t VHF Radio Emergency Repairs $2,001) $2,000 $0 i3 ;, This line item covers emergency repairs on the secondary SO radio channel which is no longer covered by a maintenance plan. APPROVED FY 2013 yll PROPOSED FY 2014 */-FROMFY2013 TOTAL BRAZOS COUNTY MAINT.& CONTRACTUAL SERVICES4 $47,635 $46,347 1 31� VI - BRAZOS COUNTY DISPATCH EDUCATION, Professional Develo ment $6,238 $6,425 $187 7Thsssliesitem provides funds for dispatch related training and ongoing professional development through technical training minars, and conferences. Rec iting $1320 $1,360 $40 7Thrs em provides funds related to the dispatcher hiring process including advertising, security checks, skills testing, testing, and pre - employment medical and drug screening. i Property & Liabilit Insurance $2,040 $2,363 $323 ;This item pays for the BC portion of our Property Liability insurance policy. O Car Allowance $1,200 $1,200 $0 7These set the cost of gas plus wear and tear on the employee's vehicle for in -town driving while performing dispatch & Subscriptions $198 $204 $6 7andDues stehe s pay for memberships to professional organizations such as the National Emergency Number Association (NENA) sociation of Public Safety Communications Officials - International (APCO). TOTAL BRAZOS COUNTY EDUCATION, TRAINING & MISC. SERVICES: $10,996 SS1,SS2 $W 32 �I UI...__/ f7l il.). .. � .. Prescribed by Secretary of Stale_ Section 32.002 (d), V.T.C.A., Election Code 8/07 1, Karen McQueen, County Clerk of Braws County do hereby submit the following persons for appointment as presiding judge and aitemate judge for elections conducted by the county as required upon receipt of timely list(s) submitted by the appropriate political party chairs or as recommended by me if no list(s) were submitted timely by party chairs. The appointment will be a I year term, ending on July 31, 2014. Yo, Karen McQueen, Escribiente del Condado, del condado de Brazos someto par este media para nombrar las persoms siguientes coma juez de presidencia y juez alterno par alas elecciones conducidas por el condado coma requerido, segtin el recibo de las Batas oportunas someddas par las sillas politicos apropiadas del partido o segun to recomendado par mi si no hay lWas cportun sometidas al lado de las sillas del partido. La cita sera un termino de I ano, termimndo el 31 de Julio de 2014. Precinct No. No. del recinto Presiding Judge Juez de presidencia Alternate Judge luez alterno t Michael Bobiniski *R* Verna Mathis *D* 3/23 Connie Hooks *R* Harold Eaton *D* 4/I8r79/43 Shirley Carter *D* 5/48160/61/37 Nora Lee Moore *R* Marilyn Moore *D* 6 Frank Hilburn *R* Corbel Perkins *D* 7 Lola Peterson "R" Helen Wager *D* 8 Thala Hooks *R* lack Miller *D* 9 Terri Stewart "R* Raul Castillo *D* 1112122 Arthur Pinto *R* Lucy Smith *D* 12 Diana Davis *R* Marlearet Elbrich *D* 13 Nori Hernandez *R* Princess Jones *D* 14/57 Jesse Osti uin *D* 15 Debbie Pipes *R* W. Paul Moreno *D* 16/52 Barry Clar *D* 17 Muffey Bennett *R* Paul Peterson *D* 19/30/47/46/77 Sunny Keelan *R* Lu a Osti uin *D* 20 Boyd Ch *R* Bob Presley *D* 24/53/58 Raul Pandas *R* Jackie Girouard *D* 25162/64181 Denise Ray *D* 27/42/56 Clyde Goen *R* Robert Martinez *D* 28/68 Henrietta Littleton *R* Peggy Watson *D* 29 Mason Newton *R* Ruby Ellis *D* 31 Al Postelwait *R* Jean Can elose *D* 33n9/49172 Andre Steen *D* 34 Gary Thomas *R* Joe Callaway *D* 35 Roland Brauer *R* Charles Fraser *D* 36 Ed Bisku *R* Oscar Chavarria *D* 38 Barbara Cooper *D* 39 Bill Edison *R* Gene Charleton *D* 40 Peter Grand'ean *R* Paul Parrish *D* 41159 1 Dixie Trace *R Brian Bochner *D* 45/78144 George McDonald *R* Lynn Krueger *D* 6326 Marla Calvin *R* Barry Bauerschl *D* 652/50/5 in113VS2193/69 Patricia Lassiter *R* Tina Flanna *D* 70/67 Marvin Emshoff *R* Ann Weaver Hart *D* 80 /10 Doris Milam *R* Terri Miller *D* Vol �� Pg. 02-0.3 - - Issued this di of- - - - -._ Aueust .- - -- - -, 2013. . . Emifado Me dia de aukusto de 2013. APP E. Duane Peters, Brazos County Judge Juez del Condado de Brazos AUSTIN OFFICE HOME 00 FLEUR D MERCHANT P.O. BOX 26720 2100 FLEUR DRIVE AUSTIN, TX 78755 -0720 DES MOINES, IA 50321.1158 (512) 343 -9033 (515) 243 -8171 BONDING COMPANY (512) 343 -8363 FAX (515) 243 -3854 FAX TEXAS OFFICIAL BOND AND OATH THE STATE OF TEXAS as. Bond No, TX 631414 C unty of BRAZOS KNOW ALL PERSONS BY THESE PRESENTS: as Principal, and the That we, MERCHANTS BONDING COMPANY (MuWN), a corporation duly licensed to do business in the State of Texas, as Surety, are held and bound unto CRIMINAL COURT JUDGES OF BRAZOS COUNTY , his suommors in ogee, In the sum of Five Thousand Dollars (SS 000.00 ) DOLLARS, for the payment of which we hereby bind ourselves and our heirs, executors and administrators. IoYbly and severally, by these presents. THE CONDITION OF THE ABOVE OBLIGATION is such, that, whereas, the above bounden Principal was on 8e day of duly Appointed to the office of Director Brazos li Community Superivsion & Corr in and for BRAZOS County in the State of Taxes, for a term beginning the Ist day of September 2013 and ending the Istt day of September 2014 Now, therefore, if the said Principal shall well and faithfully perform and discharge all the dales required of him by law as the aforesaid officer, and shall FAITHFULLY PERFORM THE DUTIES IMPOSED BY LAW. Men this oblpatbn to be void, otherwise to remain in full force and affect PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and the number of claims which may be made against this bond, the liability of the Surety shall not be cumulative and the aggregate liability or the Surety for arty and all Geims. OURS, of aeons under this bond shag not exceed the amount stated above. Any revision of the bond amount shall not be cumulative. PROVIDED. FURTHER, that this bond may be canceled by the Surety by sending written notice to the party to whom this bond is payable stating that, not less then thirty (30) days thereafter, the Sureys liability hereunder shall terminate as to subsequent acts of the Principal. Dated this jl sstt day of 2013 T �5�4i✓ar ACKNOWLEDGEMENT OF PRINCIPAL THE STATE OF TEXAS County of Before me. .e� L "'• Q ��� . a notary public, on this day personalty appeared JOHN D. MCGUIRE known to me to be the person whose name is subscribed to the foregoing Instrument, and acknowledged to me that helahe executecs,the same for the 2rposes and con�rallon tbWein expressed. ' ) Given under my hand and neat of office, at this "° BE*FR if G .: , L Notary PWIC, State d rsxas SEAL ; My Cmrinlon Erpres ;�� JUNE 11, 2019_ PO 0123 TX Vol. pg. ✓�CO7 Texas. OATH OF OFFICE (COUNTY COMMISSIONERS and COUNTY JUDGE) do solemnly swear (or affirm) that I will faithfully execute the duties of the office of of the Stale of Texas, and will to the best of my abgay preserve, protect, and defend the Constitution and laws of the United States and of this State', and I furthermore solemnly swear (or affmn) that I he" not directly nor Indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vote at the election at which I was elected; and I furthermore solemnly swear (or affirm) that I will not be, directly or Indirectly, Interested in any contract with or Claim against the County. except such contracts or claims as are expressly authoraed by low and except such waranta as may issue to me as fees of office. So help me God. Signed Sworn to and subscribed before me at Texas, this day Of SEAL County, Texas OATH OF OFFICE (General) do solemnly swear (or etfian) that I will n�f: faithfully execute the duties of the office of tail' �� -T• of the State of Texas, and wig to the best or my ability prese protect. and defend the 5onstiturtion and 106 o the United States and of this State; and I furthermore solemnly swear (or of &m) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promsed to contribute any money, or valuable thing, or promised any public office or employment, as a reward for the giving or withholding a vole at the election at which I was elected. Sc Help me God. Signed � Z' Swor o and subscribad before me at ^� , T xa day of x �vp6t WOX ^- SEAL Co••.nty. Texas THE STATE OF TEXAS as -not" -not" � as County of l Y- The foregoing bond of -A N W71 y • t ` Ot and for this day app o 'bo a toner's Court ATTEST, R Clerk County Court IrM 05 County THE STATE OF TEXAS u County of hereby coroy that the foregoing Bond dated the With its oeri ficates of authentication, was filed for record in my office the clay of of said County in Volume By as and State of Texas, ao1-3 Cbral Judge, 6Y-6Z.0 5 County, Texas County Clerk, in and for said County, do day of at o'clock _ M., and duty recorded the at o'clock _ M., in the Records of Official Bonds on page WITNESS my hand and the seal or the County Court of said County, at once in Texas. the day and year last above written. Deputy County Court Vol. p9. G� day of MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Bond 4: TX 631414 for Company Employees Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC , both and thaneaComparroe do herebym make. constitute and laws point the Sfolllownfgcompanye employees, collectively railed Companies), Tyson Conley of Des Moines and Slate of law■ their true and lawful Atorney -in -Fact, with full power and authority hereby conferred In their name, plane and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or cater written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Unlimited and to bind the Companies thereby as fully and to to some extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all to acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Powerof-Ahomey Is glade and executed pursuant to and by authority of to folbwing By -Laws adopted by to Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. -The President, Secretary, Treasurer, or any Assistant Treasure ant Secretary or any r or any Assist power and authority to app Vice President shall have oint Attomeya -in -Fact, and to authorize them to execute indemnity behalf of the Company, ritings obligatory tr" mat of to Company thereto, bonds and undertakings, reeag the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Parer of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance. or other suretyship obligations of the Company, and such signature and seal when so ysed shad have the same force and effect as though manually fixed" In Witness VMensof, the Companies haw caused this instrument to be signed and sealed this tat day of January 2012 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. 1933 a 9 •. ... .q- ....... 10 STATE OF IOWA * �....... •, •' President I.M COUNTY OF POLK 58. On tic 1st day of January 2012 before me appeared Larry Taylor, to me personally knanm, who being by me duty swan did say that Fe le President of the MERCHANTS BONDING COMPANY ata Se s the) and MERCHANTS Ye Cand thaat the said instrument BONDING. Nwas signed arid that the seals affixed to the foregoing instmanand is the sealed in behaff of to Companies by sutorrty of their mapecti.e Boards of Directors In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at to City of Des Moines, Iowa, the day and year first above wdtten. Fi�c AN DA GREENWALT n La.ommNslon Number 770312 NN Comithlssion Expires Oulat 2B, 2014 Ni Public, Polk County, lows STATE OF IOWA COUNTY OF POLK u. I, William Warner, Jr., Secretary of to MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do he ebycertify force e{fect and � not is trus a and m correct re re mod. � POMER -0E- ATTORNEY exerted oY said Companies, In vutrem Whereof, I have hereunto, � my hand and affixed the seal of lha Companies on this I st day of July -- _ ...... • - zi o• °' i' E_ Secretary •a•. 1233 E rv: 2003 1 d ;�U <�+f •••b POA0015(11/11) it •`ww......wN .. �Q�.-- °• vOi.•�O f� Pg. -1 X Me | �� § � \ it w < 8 16 r- F5 2 ci Z >; ik 00 s e§|2 kk/ 6 �� \ � § e C, � \ it w < 8 16 r- F5 2 ci CL M 03 cli Vol. pg. kk/ k$ § e CL M 03 cli Vol. pg. / ,Fv '� o9 n N a. N pp g E Q i O 'L�•f� g, N I 8 ' _ 1 1 i U � r r • d' P N 1 ' — i 8 i i 1 ,{ • � 'Jl c R 1 1 {v •u p 8 _yy t N Ca cli V m R d O O a a Q U '[ •'}. 3 ' OC Q 1 1 s' x i ,yla� pW d -s 4 Y h I Q'•,; 1 1GS: r 'y r ycy., i � u r C z U � — i +;. '✓,i S�I,ii 1 N a C E• c. n papa` a� V F a �+± cG J::� 1 1 1 i a rs D •• FF , 1 u a N N y F i F / ,Fv '� o9 n N � sr ore Brazos County Job Description Last Updated: Tw oWA ftvW n 1108MG=2 Class Number: 1869 Title: Prevention Specialist Pay Group: 14 Department: TJPC -State Aid FLSA Status: Non - Exempt Reports To: Manager Approved Date: 08127/2013 EECIC Category: Protective Service Worker General Summary: This position will work In collaboration with the school districts and probation officers in monitoring and deterring juveniles under supervision From criminal activity. Additionally, this position will be responsible for providing prevention and early Intervention services, as well as crisis irdervsrdlen services to Juveniles within the community and at the local schools. Essential Duties: Assist In the transport of Juveniles when needed Work a flexible schedule based on the needs of the department Maintain BO hours biannually of approved training to maintain JSO certification Subject to irregular work hours Attend staff meetings and training conferences as required Assist In obtaining urine samples from juveniles Compile statistics for a monthly report Be knowledgeable of departmental policy and procedures Facilitate the departmental Crisis Intervention Program and any other programs as needed Teach life - skills to Juveniles Provide Crisis Counseling to Juveniles. Prepare Power Point Presentations of the Juvenile Justice System to be presented to the public as needed Follow established policles, procedures and practices of the department. Abide by the Texas Juvenile Justice Department's Code of Ethics Maintain security and confidentiality of au case information, files and chronos as required by the Texas Family Code Facilitates and participates in departmental programs The duties listed above are Intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position ff the work is related of a logical assignment to the position Other Duties as assigned. (10 _ _1 -- - - -_ -- Superdsbn - - -. - ReCejyill From Manager — - -- Given' Not applicable -- — Education — —_ —� Required: High school diploma or We equlvabm. ____ Preferred: — — —� Experience Required: To perform thia fob 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 to perform the essential functions. Must be 21 years of age, or older, and be able to meet criteria for certification as a Juvenile Supervision Officer through TJJD. Preferred: One (1) year of working experience with youth oriented services or programs preferred, but not required. Licenses, LCertificates, Registrations RegUlred: Valk! Texas Drivers License with appropriate liability auto insurance coverage (Drivels license requirements must be met within 30 days if employee recently moved from another state). Must be able to meet all criteria for certification as a Juvenile Supervision Officer through TJJD. Non - disqualifying criminal history/sex offender registration background ehadt. Preferred: wA Duties require dairy standing, walking, sifting, talking and listening; frequent use of hands and/or fingers to grasp, handle, pick -up, pinch, type or feel; frequent reaching with hands or arms and lifting of objects over 100 pounds; close vision, distance vision, ability to distinguish color, peripheral vision, depth perception and ability to adjust focus. Physical demands described here are representative of those that must be met or are encountered by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. youth and their families. Ability to remain calm in stressful situations. Must possess basic computer knowledge and competence. Ability to communicate effectively orally and in writing. Must have physical ability to perform physical restraint "rilques. the employee Is constantly required to perform multiple tasks sknultaneously, to work under time pressures to meet deadlines and to work closely with others as part of a team; the employee is frequently required to do tedious exacting work. Worker is subject to physical hazards from traffic; serious hazard and Infection from exposure to communicable disease; physical harm as the result of confrontation. 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. This job description does not constitute an offer of employment. The job description is subject to change by the employer as the needs of the employer and requirements of the job change. County Judge Vol. / etl pg.-4-11 w Brazos County Tam,.aRa.�o ,z� „o,2 ' Job Description ?err or app Last Updated. 812212 0 1 3 Class Number: 1503 Title: Lieutenant Pay Group: 25 Department: Sheriff- Jail Admin. FLEA Status: Exempt Reports To: Jail Administrator Approved Date: work activities, telephone activity, family visitations, disturbances, feeding of inmates, and dispensing of medication; Oversees processing the release of inmates, including ensuring: identification, is followed, fines and court costs are calculated and paid, proper EEOC Category: Professionals General Summary_ Assists in overseeing operation of detention facility; supervises detention facility personnel, including assigning and reviewing work, conducting performance evaluations, and recommending and executing personnel actions; oversees transportation of Inmates; handles Inmate complaints; responds to personnel questions and problems; investigates public complaints regarding employee misconduct; and ensures the effective operation of detention facility. Essential Duties: — — Other duties may be assigned, supervises detention facility personnel, including assigning and reviewing work, conducting performance evaluations, and making recommendations on and executing personnel actions such as transferring, promoting, and disciplining employees; Assists in detention facility, including ensuring that all areas of facility are safe, secure, clean, and sanitary; Oversees end supervising overall operation of assists wfth transporting prisoners, including consulting with courts and scheduling out of state transports, as necessary; Handles personnel problems, including Investigating employee complaints; Oversees medical condition and treatment of inmates; Develops temporary and long -range and evaluation; Assists detention divisions with advice on situational problems; Responds to inmate contingency plans for the sectional analysis complaints; Coordinates extra security for special assignments to monitor inmates at funerals, hospital appointments, and other activities; Investigates complaints from the public regarding employee abuse or misconduct; Reviews and approves department time sheets; Writes and revises jail division operations manual; Oversees processing of prisoners, including booking, criminal history checks, fingerprinting, photographing, inventorying personal property, medical screening, personal history documentation, prisoner orientation, classification, cell assignment, and issuing clothing and supplies; Supervises and documents activity within the jail, including recreational activities, religious activities, educational activities, searches, library activities, mail activity, head counts of inmates, prisoner transportation, riots and work activities, telephone activity, family visitations, disturbances, feeding of inmates, and dispensing of medication; Oversees processing the release of inmates, including ensuring: identification, is followed, fines and court costs are calculated and paid, proper documentation of charges and final disposition, dismissal of case or court order approval of bonds, and release of inmate to proper agency; and Implements practical applications of plans and procedures, including safety rules, inmate admission and release, classification and separation of prisoners, medical services, supervision of inmates, food service, sanitation, cothing education and work programs. Employees in this job classification that are and supplies, inmate discipline, recreation and exercise, programs, licensed by the Texas Commission on Law Enforcement and Appointed by the Sheriff as a Deputy Sheriff will have the additional essential duty to serve warrants, enforce state laws, serve civil process, and ad as a peace officer of the State. Other Duties as assigned. (1 %) supervision Received: Given' Supervises detention facility personnel, including assigning and reviewing work, conducting perfomhana recommendations on and executing such personnel actions as transferring, evaluations, and making promoting, and disciplining employees. Education Required: - High school greduatb ", plus a< least five years of expectance; or any equNabm cambinatbn of edwatbn end experience which provides the required knowledge, skills, and abilities. Preferred: r'xyerronw I Required' To perform this Job succesefulty, an individual must be able to perform each essential duty satisfactorily. i requirements farted below are representative of the knowledge, skill, and/or ability required. Reasonable accommodatlons may be made to enable individuals with disabilities to perform the essential functions. Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this 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; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and /or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and /or move objects weighing 100 pounds or more. Specific vision abilities required by i this Job Include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. - -- — Knowledge, SWNa, & -- Abilifies Typloil: Jell standards and procedures; U.S. Constitution (Bill of Rights); civil and rase law pertaining to jaWdetention liability Issues; personnel laws, practices, and procedures; supervisory management; department policies and procedures; standard office practices and procedures; first aid and medical procedures; and computers. Operate computers; read and write reports, letters, and memos; reason, and interpret documents, policies, and procedures; analyze data; safely operate firearms; instruct others in the use of firearms and other procedures; manage budgets; supervise work of others, recognizing problems and recommending solutions; communicate effectively, both orally and in writing; and maintain effective working relationships with co- workers and inmates. 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, but may be noisy and distracting. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously and to work closely with others a part of a team. The employee If frequently required to respond to emergency situations and to work under time pressures to meet deadlines. "PeteD Du County Judge Vol. 00 pg, a'�•j Brazos County TenxaeRw+am + =� +� +2 Job Description err or tlp'o Last Updated: 8/22/2013 Class Number: 1505 Title: Sergeant, Jail Division Pay Group: 20 Department: Sher'rffjail Admin. !� FLSA Status: Non Exempt Reports To: j Lieutenant-Jail Division Approved Date: In facility; Directs, supervises, and performs pat down and strip searches of inmates; Directs and supervises the sanitation of the facility, including EEOC Category: Technicians General 8ummary: Directs, supervlaes and assists in all npetAS Of jail opondom, ensuring the safely of Inmates, employees, and the public. -- _ -- — Essential Duties: - _ -- — Other duties may be assignsd. supervises personnel on shift, including assigning and reviewing work, conducting performance reviews, recommending personnel actions, and training new officers; Directly supervises Detention Officers, Corporal, and Clerks in maintaining the security of the detention facility, including ensuring that there are no life safety hazards that could harm inmates, the public, or jail staff; Directs, supervises, and ensures Inmates' access to privileges and services mandated by federal, state, and county policies and procedures; Enters inmate information Into the computer, and maintains and updates inmate records; Conducts safety and equipment inspections; Intervenes and resolves crisis situations such as fights and medical emergencies, including physical restraint of inmates; Collects fines for offenses committed; Receives and deposits money for commissary accounts; Conducts or oversees recreational programs and religious services; Directs and supervises roll calls of all inmates In facility; Directs, supervises, and performs pat down and strip searches of inmates; Directs and supervises the sanitation of the facility, including sweeping, mopping, cleaning, and taking out trash; Performs daily reviews of Inmates' files with regard to attorney appointments, bonds, fines, dispositions of charges, court appearances, status of charges, and status of cash accounts; Computes credit time and proper inmate release dates; Directs and supervises the transportation of inmates between facilities, to courts, and to work assignments; Directs, approves, and writes incident reports by officers Involved in situations where inmates have committed criminal acts while incarcerated, or have violated rules of the handbook; Directs. and supervises the presence of civilians on the jail floor, including attorneys, family, and friends of inmates; Supervises and directs the supervision of food service personnel; Observes inmates' medical conditions as requested by medical staff; Passes medications as directed by medical staff; Performs, directs, and supervises the intake and release of prisoners, ensuring the proper documentation and the removal and storage of Inmate property; Approves and disapproves officers' requests for time off, ensuring proper staffing levels at all limes; Designs and submits schedules for all shift employees; Answers telephone as needed; and Answers intercom calls from inmates. Employees in this job classification that art licensed by the Texas Commission on Law Enforcement and Appointed by the Sheriff as a Deputy Sheriff will have the additional essential duty to serve warrants, enforce state laws, serve civil process, and act as a peace officer of the State. Other Duties as assigned..0 Supervision Received: Given: supervises personnel on shNL including assigning and reviewing work, conducting performance reviews, recommending personnel actions, and training new officers. Education _ Required: High school graduation plus at beat two year of expadena; or any equivalent combination of eduction and ! experience which provides the required knowledge, skills, and abilities. Preferred: -- Experience -- - - -- - -- Requlred: 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. Preferred: Certificates, Licenses, Registrations _ Required: Basic jailer artlAcetion by the Texas Commission on Law Enforesrtlsnt Officer Standards and Education (TCLEOSE). Preferred: Vol. 8 Fig Physkcal Demands TyplC.l: I _ The physical demands described here are represented" of those that must bit met by an employee to Typil successfully perform the essential functions of this 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; bend and f kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and /or move objects weighing 100 pounds or more. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision. and ability to adjust focus. Knowledge, Skills, & Abilities • TyjllCel' as Cade of Criminal Procedure; Texas Penal Code; U.S. Constitution (Bill of Rights); requirements of Texas Commission on Jail Standards; supervisory management department policies and procedures; standard office practices and procedures; first aid and medical procedures, and computers. Operate computers; read and write reports, letters, and memos; reason, and interpret documents, policies, and procedures; analyze data; aefely operate firearms; perform basic mathematical calculations; supervise work of others, recognizing problems and recommending solutions; communicate effectively, both orally and it) writing; and maintain effective working relationships with co- workers and inmates. Work Environment -- Typil 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 indivlduals with disabilities to perform the essential functions. The noise level in the work environment is usually high. While performing the essential duties of this job the employee is constantly required to work closely with others a part of a team. The employee is frequently required to respond to emergency situations and to perform multiple tasks simultaneously. aPete j a ?l�Date County Judge Vol. Pg. air A Brazos County Template Revision r.zowtvzms _ oy Job Description 1, a�" Last Updated: 8/22/2013 Class Number: 1511 Title: Department: Detention Officer Sheriff -Jail Admin. I Pay Group: 15 FLEA status: Non Exempt Reports To: Sergeant -Jail Division Inspects and maintains safety equipment, detection and alarm systems; Assists with distributing medications to inmates; Intervenes and resolves Approved Date: 10101!2012 EEOC Category: j Protective Service Workers Other Duties as assigned. (1 %) General summary: Provides corrections services InvoMng the hal llh, safety, and facudty of inmates and the public in the Detention facility; monitors prisoners' activities; and maintains necessary records. Essentlal Duties: Other duties may be assigned. Adheres to the Culture, Mission and Values of the Brazos County Sheriff s Office; Follow the Inmate Behavior Management philosophy; Follow the Direct Supervision model of inmate supervision; Observes and supervises Inmates; Performs searches of Inmates and persons entering the secured area of the Brazos County Detention Center; Supervises, schedules and documents activity within the jail, including recreational activities, religious activities, educational activities, work activities, telephone activity, family visitations, unclothes searches, library and educational activities, mail activity, heed counts of inmates, inmate transportation, riots and disturbances, feeding of inmates, and dispensing of medication; Conducts inspections, shakedowns, and inmate searches, Including searching Inmates and cells for contraband items, Dresses out inmates and puts them in their cells; Pulls Inmates for visitation, recreation, and other activities; May transport Inmates between various facilities; Completes necessary reports and documents; Enters Inmate Information into the computer, and maintains and updates inmate records; Inspects and maintains safety equipment, detection and alarm systems; Assists with distributing medications to inmates; Intervenes and resolves crisis situations such as Nhts and medical emergencies, Including physical restraint of inmates; Conducts head counts of inmates; Serves meals to Inmates; Supervises work performed by inmates; and Operates Detention Center and master control panel. Employees in this job classification that are licensed by the Texas Commission on Law Enforcement and Appointed by the Sheriff as a Deputy Sheriff will have the additional essential duty to serve warrants, enforce state laws, serve civil process, and act as a peace officer of the State. Other Duties as assigned. (1 %) Received: From Sergeant, Jail Division Given: This Is a non-tsupervlsory position. Education _ Required: High school graduation or its equivalent.. Preferred: Experience - -- - -- -- - -- — Requilred; 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, andlor ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Preferred: Certificates, Licenses, Registrations Required: Basic certification as a jailer from the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE); upon hiring or must be obtained within twelve (12) months of employment; and valid Texas motor vehicle operator's license. -J Preferred: FI—�� Pg. 02�� The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. While performing the duties of this jab, the employee is regularly required to sit; use hands to finger, handle, or feel; reach with hands and amts; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this Job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. -- Typkatc Requirements of Texas commission on clan standaras; i axes penal coca; i axes cnmmar am awn laws; mar aid procedures; use of fire and safety equipment; department policies and procedures; sag- defense to tka; and computers. Operate computers, fire and safety equipment, and firearms; read and write reports, letters, and memos; perform basic mathematical calculations; analyze data; follow Instructions; communicate effectively, both orally and In writing; and maintain effective working relationships with co-workers, prisoners, and the cenerel oublla Work Environment Typli The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of thlsjob. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. The noise level in the work envimnment is usually high. While performing the essential duties of this job, the employee is constantly required to work closely with others as par of a team. The employee Is frequently required to perform multiple tasks simultaneously, and to respond to emergency situations in which there is the possibility of danger or physical abuse. r 113 D e MPeters bate County Judge / -pg.11 Brazos County TampWRNltlanl.2oensnm2 Job Description Last Updated: 8/22/2013 Class Number: 1515 Title: Detention Officer, Booking Pay Group: 16 Department: Sherifflail Admin. -� FLSA Status: Non Exempt Reports To: Sergeant, Intake, Release Approved Date: Other Duties as assigned. (196) EEOC Catspory: Protective Service Workers - - General summary: � Processes intake of prisoners; processes paper work for bonds; recelves bonds from bonding companles; matches bonds to warrants and complaints; assists with building and Inmate security; transports prisoners; feeds Inmates; answers incoming calk; and may make warrant arrests. — Essential Duties: other duties may be assigned. Processes intakes of prisoners, including booking, criminal history checks, fingerpnnting, photogreing, inventorying personal property, medical screening, personal history documentation, prisoner orientation, dassificatlon, call assignment, and Issuing clothing and supplies; Observes and supervises inmates; Transports inmates to and from various facilities and appointments; Assists In maintaining building and inmate security, including controlling visitor access to inmates and facility; Assists in feeding Inmates; Prepares necessary paperwork, and maintains various records and tiles; Receives bonds from bonding companies, and enters into the computer; Receives cash for fines or cash bonds, and enters into the computer; Reviews and matches bonds to warrants and complaints, Including correcting errors in paper work, searching for missing documentation, posting bonds to ledger and computer, mailing out -of -county bonds, returning bonds to other counties for correction, and researching questions for County and District Clerks; Works with bonding companies, including printing records; distributing, receiving, and checking applications for bonding companies and runners; checking . and tracking documentation on pledged real properties; verifying and tracking required insurance; researching problems and answering questions; and preparing and printing bonding reports; Receives Incoming calk, and transfers to appropriate personnel or takes appropriate action; and May make warrant arrests. Employees in this job classification that are licensed by the Texas Commission an Law Enforcement and Appointed by the Sheriff as a Deputy Shertflwill have the additional essential duty to serve warrants, enforce state laws, serve civil process, and act as a peace officer of the State. Other Duties as assigned. (196) Supervision _ - - -- -- - _ Received: Given: This s a non-supervkory position. Education Required: High school graduation or its equivalent { Preferred: Fx adanoe To perform this job successfully, an individual must be able to perform each essential duty satisfadority. Ths Required: requirements listed below are representative of the knowledge, skill, andfor ability required. Reasonable accommodations may be made to enable Individuals with disabilities to perform the essential functions. Preferred: �_..— —i Certifcales, Licenses, Regisl dons Required: Basle certification as a jailer from the Texas Commission on Law Enforcemsnt Officer Standards and Preferred: Education (TCLEOSE) and a Valid Texas Motor Vehicle operators license. E l. / Y pg, ��� Pbyslcel Demands --( — _ - -- — Typkal: The physical demands desutbetl here ere reprKentadve d those that must be met by an employee to successfully perform the essential functions of this Job. Reasonable accommodations maybe made to eJand 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; roach with hands and arms; bekneel; and talk and hoar. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stadro of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Speck vision abilities require this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Knowledge, Skills, & Abilities TYplCal; Requirements of Texas Commission on Jall Standards; Texas penal code; Texas criminal and civil laws; first aid procedures; procedures and laws relating to bonding; standard office practices and procedures; basic bookkeeping procedures; department policies and procedures; self -defense tactics; and computers. Operate computers, fire and safety equipment, and firearms; read and write reports, letters, and memos; perform basic mathematical calculations; analyze data; follow Instructions; communicate effectively, both orally and In writing; I and maintain effective working relationships with co- workers, prisoners, and the general public. Work Environment ' The work environment characteristics described here are representative of those an employee encounters Typical: 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 high. While performing the essential duties of this job, the employee is constantly required to perform multiple tasks simultaneously and to work closely with others apart of a team. The employee is frequently required to work under time pressures to meet deadlines, and is frequently exposed to skusfions in which there may be danger or physical abuse. PP V V13 Duane Peters Da County Judge Vol. —0V Pg. 02119 Brazos County T«^od' Revision 720015=2 + h Job Description r >Y or 9a� "o Last Updated: 8/22/2013 Class Number: 1558 Title: Program Sergeant Pay Group: 22 Department: Sheriff- ail Admin. FLEA Status: Non Exempt Reports To: Lieutenant, Program Division_ Approved Date: EEOC Category: Service - Maintenance General Summary: Directs, supervises and asslsfe in all aspects of work -crew operations, ansun'ng the as" of inmates, employees, and the public. Essential Duties: — Other duties may be assigned. Supervises Deputles assigned to work crews, including assigning end reviewing work, conducting performance reviews, recommending personnel actions, and training new offlcers; Directly supervises Work Crew Deputies In maintaining the security of the detention facllity, including ensuring that there are no life safety hazards that could harm inmates, the public, orjail staff: Supervises Inmate work groups outside the secured area; Directs, supervises and ensures random searches of inmate work areas, to include work crew vans; Directs, supervises, and maintains an inmate eligibility list for work crew selection; Performs follow -ups on work crew assignments; Directs, supervises, and ensures all work crew equipment is maintained, safe, and secured upon completion of duties; Ensures work crows have proper tools and equipment for assigned duties and ensure inmates have proper training on use of equipment and tools prior to use; Coordinates, schedules, and assigns special projects to work crews; Directs and supervises roll calls of all Inmates assigned to work crews; Directs, supervises, and performs pat down and unclothed searches of inmates; Directs and supervises the sanitation of the facility, Including sweeping, mopping, cleaning, painting and taking out trash; Directs, approves, and writes incident reports by officers involved in situations where inmates have committed criminal ads while assigned to work crews, or have violated inmate rules; Notify Inmate Services Lieutenant of emergencies, accidents and contraband that may affect work crew operations; Directs, and supervises the presence of inmates around civilians in county facilities; Approves and disapproves officers' requests for time off, ensuring proper staffing levels at all times; Designs and submits schedules for all work crews; Assist Grievance Officer with inmate complaints and grievances; Investigate work crew complaints from the public; and Assist other divisions as needed. Employees in this job classification that are licensed by the Texas Commission on Law Enforcement and Appointed by the Sheriff as a Deputy Sheriff will have the additional essential duty to asrv0 WartamtB.. OrfOr00. 81at0 .lav/8..8em(e_I�viI.Or00086,. and. ad. a9. g.peao0_ofildOCOf_the.5tate._ — __— _ —__ �. Other Duties as assigned. (196)__ - Supervision Received: Given: supery iees all Work Crew Deputies, including assigning and reviewing work, conducting performance reviews, recommending personnel actions, and training now offkxrs. Education _ Required' High school graduation plus at least two years of experience; of any equivalent combination of education and experience which provides the required knowledge, skills, and abilities. Preferred: Experience Required: To perform this job successfully, an Indivldual 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 dlsabikties to perform the essential functions. Preferred: Certificates, Licenses, Repishafions Required: Basic jailer certification and Basic Peace Officer certification by the Texas Commission on Law Enforcement Officer Standards and Education (rCLEOSE) and valid Texas motor vehicle operator's license. Preferred: — - -- — — Vol. a Pig-99-0 The physical demands described here are representative of those that must De met by an employee to successfully perform the essential functions of this job. Reasonable accommodations maybe made to enable indlviduais 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; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 50 pounds, such as landscaping equipment, and occasionally must lift and /or move objects weighing 100 pounds or more. Specific vision abilities required by this job Include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. Commlealon on-Jot Standards; supervisory management and Sheriffs Office policies and procedures. Knowledge of how to read and interpret criminal history reports. Knowledge of gang affiliations. Should also understand budget management; standard office practices and procedures; first aid and medical procedures; and computers. Operate computers; read and write reports, letters, and memos; reason, and Interpret documents policies, and procedures; analyze data; safely operate firearms; perform basic mathematical plculations; supervise work of others, recognize problems and recommend solutions; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and inmates. Must also be able to operate machinery, maintain equipment and operate a van pulling a trailer. The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable acccrmmodstions maybe made to enable Individuals with disabilities to perform the essential functions. The holes, level in the work environment is usually high. While performing the essential duties of this job the employee is constantly required to work closely with others as part of a team. The employee is frequently required to respond to emergency situations and to perform multiple tasks simubansously. P Duane Peters ate County Judge Vol. X 1 pg. Xviy Brazos County T "WIMM �an120°'ff8W12 'o Job Description Y r�O Last Updated: 8/22/2013 Class Number. 1542 Tkle: Sergeant, DO Custodian of Records Pay Group: 20 Departlneftt: Sheriff -Jail FLSA Status: Non Exempt Reports To: Lieutenant -Jail Division Approved Date: i EEOC Category: Protective Service Workers J General Summery: J Directs, supervises and assists in all aspects of jail operations, ensuring the safety of Inmates, employees, and the public, Essential Duties: _ Performing Expunctions and Non- Diadosures; Quality control of document scanning; Supervising the storage and disposal of records generated by the Sheriffs; Insuring the timely response to open records request; Answering Subpoenas; Testifying in court if requested by Subpoena in accordance with the law, Other duties may be assigned. Supervises personnel on shift, including assigning and reviewing work, conducting performance reviews, recommending personnel actions, and training new officers; Directly supervises Detention Officers, Corporal, and Clerks in maintaining the security of the detention facility, including ensuring that there are no life safety hazards that could harm Inmates, the public, or jail staff; Directs, supervises, and ensures Inmates' access to privileges and services mandated by federal, state, and county policies and procedures; Enters inmate information into the computer, and maintains and updates inmate records; Receives and deposits money for commissary accounts: Directs, supervises, and performs pat down and strip searches of inmates; Performs reviews of inmates' files with regard to attorney appointments, bonds, fines, dispositions of charges, court appearances, status of charges, and status of rash accounts; Computes credit time and proper inmate release dates; Directs, approves, and writes incident reports by officers involved in situations where inmates have committed criminal acts while incarcerated, or have violated rules of the handbook; Directs, and supervises the presence of civilians on the jail Floor, Including attorneys, family, and friends of inmates; Performs, direct, and supervises the Intake and release of prisoners, ensuring the proper documentation and the removal and storage of inmate property; Approves and disapproves officers' requests for time off, ensuring proper staffing levels at all times; Designs and submits schedules for all shift employees; Answers telephone as needed. Employees in this job classification that are licensed by the Texas Commission on Law Enforcement and Appointed by the Sheriff as a Deputy Sheriff will have the additional essential duty to serve warrants, enforce state laws, serve civil . process .. and . act . as.a.peace.offlCer- of_th�State, -- - - - - -- -- — —' - -- OtherDuties as assigned. (L% — Supervision — ._.._. Received: Given: Suparvlese personnel on shin, Including assigning and reviewing work, conducting performance reviews, recommending personnel actions, and training now officers. Educailon Required: High school graduation plus el bast two yeah of experience; or any equivalent combination of education and experience which provides the required knowledge, skills, and abllit es. l Preferred: — —� Experience - -- Required: To perform this Job successfully, an Individual must be able to perform each essential duty satisfactorily. The roqulremenb listed below ere representative of the knowledge, skill, and /or ability required. Reasonable accommodetlons may be made to enable individuals with disabilities to perform the essential functions. Preferred: — Certificates, Licenses, -- Registrations Required: BeaudIsser certification by the Taxes Commission on Lew Enforcement Officer Standards and Education (TCLEOSE). Preferred: Vol. 1 Pg. Physical Demands Typical: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this 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; bend and kneel; and talk and hear. The employee frequently Is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records, and occasionally must lift and/or move objects weighing 100 pounds or more. Specific vision abilities required by this job Include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. - -i Knowledge, Skills, 8 aeillves Typical• Texas Code of Criminal Procedure; Texas Penal Code: U.S. Constitution (Bill of Rights); requirements of Texas Commission on Jail Standards; supervisory management; department policies and procedures; standard office practices and procedures; first aid and medical procedures; and computers. Operate computers; read and write reports, letters, and memos; reason, and interpret documents, policies, and procedures; analyze data; safely operate firearms; perform basic mathematical calculations; supervise work of others, recognizing problems and recommending solutions; communicate effectively, both orally and in writing; and maintain effective working relationships with co- workers and Inmates. while performing the essential functions of thle 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 high. While performing the essential duties of this job the employee is constantly required to work closely with others as a part of a team. The employee is frequently required to respond to emergency situations and to perform multiple tasks simultaneously Z P R V Duane Peters Date County Judge Vol. pg. INTERLOCAL AGREEMENT EMERGENCY MEDICAL AMBULANCE SERVICE THIS INTERLOCAL AGREEMENT is hereby made and entered into by and among the CITY OF BRYAN, TEXAS, a home rule municipal corporation (`Bryan "), CITY OF COLLEGE STATION, TEXAS, a home rule municipal corporation ( "College Station ") and BRAZOS COUNTY, TEXAS ( "County "), each acting by and through its duly authorized agents; WHEREAS, the respective participating governments (the "Parties ") are authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into a joint agreement for the performance of the governmental function of providing Emergency Medical Ambulance Services; and WHEREAS, Bryan, College Station and County are authorized under Chapter 774 of the Texas Health & Safety Code to contract with each other to provide Emergency Medical Ambulance services; and WHEREAS, Bryan and College Station have already been providing Emergency Medical Ambulance services to the County according to the geographic areas as defined as "Automatic Mutual Aid Response Districts" in the Interlocat Agreement Emergency Medical Ambulance Service between Bryan and College Station; NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE Bryan and College Station shall provide Emergency Medical Ambulance Services to any person who requests it within their respective Automatic Mutual Aid Response District for which Bryan and College Station are assigned responsibility in the Interlocal Agreement Emergency Medical Ambulance Service between Bryan and College Station. (See Exhibit "A," an attachment map of the Automatic Mutual Aid Response Districts indicating the corporation limits of each city as updated on or after 2005). 2. All requests for services under this Agreement shall be through the 9 -1 -1 Emergency Communications District and the College Station Communication Center, which dispatches police and fire units respectively for Bryan /County and College Station. 3. Bryan and College Station reserve the right to refuse to answer any call pursuant to this Agreement if their respective Fire Chief or his or her designee reasonably determines that the health, safety, or welfare of their city would be endangered by dispatching personnel or equipment outside of its corporate limits. 4. Bryan and College Station will maintain emergency medical equipment and licensed personnel in compliance with Subchapter C of Chapter 773 Health & Safety Code and will perform all activities related to this Agreement in accordance with the regulations promulgated by the Texas Department of State Health Services. Bryan and College Station will provide to the County, notwithstanding any HIPAA restrictions, an electronic copy of each run taken outside the corporation limits of each city, respectively, on a quarterly basis upon request. A "run' is defined as a single medical incident regardless of the number of EMS or other apparatus that respond(s). Vol. / 8I pg. PAYMENTS 5. Brazos County shall pay Bryan and College Station the following amounts for such Emergency Medical Ambulance Services on a quarterly basis according to the following schedule, $161,648 College Station + $181,774 Bryan Annual Total: FY 2013 Payment Due Date Quarter for which Payment is made October I, 2012 October— December, 2012 January 2, 2013 January — March, 2013 April 1, 2013 April — June, 2013 July I, 2013 July — September, 2013 Amount $45,443.50 (Bryan) $40,412.00 (College Station) $45,443.50 (Bryan) $40,412.00 (College Station) $45,443.50 (Bryan) $40,412.00 (College Station) $45,443.50 (Bryan) $40,412.00 (College Station) 6. The County must make all payments to Bryan and College Station for these services from current revenues. 7. Bryan and College Station will bill the patients for Emergency Medical Ambulance Services for the services rendered in the County. The amounts billed or collected do not alter the amounts set forth in this Agreement. However, Bryan and College Station will provide copies to the County of all EMS billings sent to County residents for EMS services provided outside the corporation limits of Bryan or College Station on a quarterly basis upon request. Additionally, sixty days prior to any action taken by Bryan or College Station to write off uncollected bills, Bryan and College Station will provide to the County a list of all invoices and/or billings within the scope of this Agreement that are contemplated, determined or scheduled to be written off. TERM AND TERMINATION S. This Agreement term shall be from October I, 2012, and terminate at midnight on September 30, 2013. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days' written notice of such termination. Further, should the Agreement be terminated the rights and obligations of the Parties hereunder shall terminate, except those rights and obligations that have accrued under this Agreement prior to the date of termination shall survive. 9. This Agreement may be renewed for two (2) one year terms on the anniversary date hereof. Such Renewal Terms shall be on the identical terms and conditions set forth herein, except the annual payment amount provided in Paragraph 5 of this Agreement may be modified as agreed to by the parties. f NOTICES 10. All notices issued between parties to this agreement shall be in writing. All notices shall he deemed given on the date personally delivered, faxed, or deposited in the U.S. mail to the following parties: Bryan: City of Bryan P.O. Box 1000 Bryan, Texas. 77805 Attn: Randy McGregor, Fire Chief College Station: City of College Station P.O. Box 9960 300 Krenek Tap Road College Station, Texas. 77842 Attn: R.B. Alley 111, Fire Chief County: Brazos County 200 S. Texas Ave, Suite 332 Bryan, Texas 77803 Bryan, Texas 77803 Attn: County Judge Duane Peters DEFENSE OF CLAIMS 11. Subject to the limitations as to damages and liability under the Texas Tort Claims Act, and without waiving its governmental immunity, each party to this Agreement agrees to hold harmless each other, its governing board, officers, agents and employees for any liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or indirectly by any party to this Agreement, or any of its officers, agents or employees as a result of its performance under this Agreement. If any party to this contract is sued by a third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the governmental unit that would have been responsible for furnishing the services in the absence of the Agreement is responsible for any civil liability that arises from the furnishings of those services except for personal injury, personnel and/or retirement benefits of the personnel of the responding city, and /or damage to or resulting from use of any equipment of the responding city, MISCELLANEOUS 12. If any provision of this 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. 13. All parties to this Agreement agree that payment for the performance recited herein will be payable from current revenues available to such paying party. 14. This Agreement is the entire agreement among Bryan, College Station and the County relating to the provision of Emergency Medical Ambulance Services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. E�� Pg. _a?v�.r. 15. This Agreement is for the benefit of the parties to this Agreement, and does not confer any rights on any third parties. 16. No amendment to this Agreement shall be effective or binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 17. This Agreement has been made under and shall be governed by the laws of the Slate of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 18. Failure of any party 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 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. 19. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. � NOW THEREFORE, is Agreement is made and entered into this t� //day of 20V-,' by and between Bryan, College Station and Brazos County. This Agreerh6rat shall be effective when signed by the last party signing makes the Agreement fully executed. City of Bryan City of College Station my Jas n Bien i, Mayor Nancy Be r , Mayor " Mane Peters, County Judge ATTEST: ATTEST: ATTEST: Mary L nne tr tta Sherry M bu a McQueen City Se etary City Secretary County Clerk APPROVED AS TO FORM: ao <f� 46nis K. Hampton &IkC arla Robinson William-Bat r City Attorney City Attorney Assistant County Attorney City of Bryan, Texas College Station, Texas- - Brazos County, Texas AGREEMENT FOR ENVIRONMENTAL REVIEW PORTION OF GRANT ADMINISTRATION SERVICES THIS AGREEMENT, MADE THIS 21!-DAY OF BRAZOS COUNTY, TEXAS, HEREINAFTER GRANTWORKS, INC., OF AUSTIN, TEXAS, CONSULTANT. 2013, BY AND BETWEEN REFERRED TO AS THE CLIENT, AND HEREINAFTER REFERRED TO AS THE I. SCOPE OF BASIC SERVICES Consultant agrees to render Client the environmental review portion of grant administration services for Client's Texas Community Development Program — 2013 Texas Capital Fund (the "Contract "), as administered by the Texas Department of Agriculture ( the "Department "), as provided in the provisions titled, "Scope of Basic Services" and attached hereto and incorporated by reference herein (the "Services "). 11. TIME OF PERFORMANCE The time of services of Consultant shall commence no earlier than upon receipt by the Client of an executed Contfact between the Client and the Consultant. In any event, Consultant shall use commercially reasonable efforts to perform the Services within 120 calendar days with additional days to be granted by Client upon written request by Consultant to accommodate any third party professional services that may be required, including but not limited to those listed in Section IV.B. III, COMPENSATION AND METHOD OF PAYMENT For and in consideration of the foregoing, Client agrees to pay Consultant a total fee of $5,000.00 in accordance with the following milestones, which measure general Contract progress. All payments are due upon submittal of invoices by the Consultant which reflect Consultant's performance of Services in the period prior to achieving each milestone. Milestones may be completed out of the order shown below or simultaneously. MILESTONES P(epare. ERR, Coordinate Notices, Submit E.nv, Review_ w5,000.00 IV. ADDITIONAL SERVICES A. If authorized in writing by Client, the Consultant shall furnish Additional Services of the following types which are not considered normal or customary Basic Services; these will be paid for by the Client at an hourly rate of Seventy -five and no/100 Dollars ($75.00). 1. Reassessment of the environmental assessment procedures and clearance letter from the Department. 2. Additional services resulting from new or revised program guidelines or regulations as mandated by the state or federal administering agency during the term of this Agreement. 3, Preparing to serve, or serving, as a consultant or witness for Client in any litigation, other legal or administrative proceeding involving this project, 4. Additional or extended services made necessary by: 1) a significant amount of defective work of any construction contractor, consulting engineer and /or architect; 2) prime construction contractor utilizing more than three (3) sub - contractors; 3) more than two (2) prime construction contracts; 4) default of any construction contractor, consulting engineer and /or architect. B. Third -party services conducted by members of the following professions are not anticipated to be required to fulfill the Services: accountant, appraiser, archaeologist, architect, attorney, auditor, biologist or other natural scientist, engineer, historic preservationist, or surveyor. In the Agreement for Grant Administration Se rces '/ Page 1018 Vol. ��" Pg. o� event that such third -party services are determined to be required they shall not be carried out by Consultant and Consultant shall not be responsible to pay for costs of such services unless such services and related fees are Incorporated into this Agreement by amendment. Client shall make the determination as to the manner in which these services shall be procured and shall have responsibility to pay for such services. V. CHANGES AND AMENDMENTS The Client may, from time to time, request changes in the scope of services of the consultant to be performed hereunder. Such changes, including any Increase or decrease in the amount of the Consultant's compensation, must be mutually agreed upon by and between the Client and the Consultant, and shall be Incorporated in written amendments to this Contract. VI. ASSIGNABILITY The Consultant shall not assign any interest on this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Client thereto; provided, however, that claims for money by the Consultant from the Client under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the Client. VII, RECORDS AND AUDITS During the time of performance, the Consultant shall assist the Client in collecting and maintaining records and supporting documentation for all expenditures of funds made under this Contract. Such records shall Include data on racial, ethnic, and gender characteristics of persons who are applicants for, participants in, or beneficiaries of the funds provided under this Contract. Client shall be solely responsible to retain such records and any supporting documentation for the period following the time of performance as required by applicable laws and regulations. VIII. MISCELLANEOUS PROVISIONS A. This Agreement shall be construed under and accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Travis County, Texas. B. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their - resjiective heifs, executors; administrators legal representative, successors and permitted assigns. This Agreement does not, and is not intended to, confer any rights or remedies to any person qther than the parties to this Agreement. C. In any case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall not be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. D. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs, and necessary disbursement in addition to any other relief to which such party may be entitled. E. It is agreed that all information, data, reports and records and maps as are existing, available and necessary for the carrying out of the work outlined In this Agreement shall be furnished to the Consultant by the Client and its agencies. No charge will be made to Consultant for such information and the Client and its agencies will cooperate with Consultant in every way possible to facilitate the performance of the work described in this Contract. F. The Client's official contact person with the Consultant shall be the Mayor. Agreement for Grant Administration Services Vol. Pg. 02 Page 2 of 8 ,jD IX. TERMS AND CONDITIONS This Agreement is subject to the provisions titled, "Part II Terms and Conditions" and attached hereto and incorporated by reference herein. IN WITNESSETH HEREOF, the Client and the Consultant have executed this Agreement as of the date indicated above. GrantWorks, Inc. 2906 Deer Creek Drive Sugar Land, Texas 77478 BY: Bruce J. Spitzengel President Brazos County P.O. Box 914 Bryan, Texas 77803 E. Duane Peters County Judge ATTEST: BY: '` liu'n le County Clerk Agreement for Grant Administration Services Page 3 of 8 Vol. �8 pg. �3/ AGREEMENT FOR GRANT ADMINISTRATION SERVICES PART Il -TERMS AND CONDITIONS 1. PERSONNEL. The Consultant represents it has or will secure at Its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Client. Consultant may subcontract any or all of the work or services covered by this Agreement without prior written approval of the Client provided that (a) any work or services subcontracted hereunder must be specified by written contract or agreement and (b) such subcontractors shall be subject to each provision of this Contract. 2. REPORTS AND INFORMATION, The Consultant, at such times and in such forms as the Client may reasonably require, shall furnish the Client periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 3. FINDINGS CONFIDENTIAL. All of the reports, information, data, etc., prepared or assembled by the Consultant under this Agreement are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the Client, except where required by law or by court order. 4. COPYRIGHT. No report, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant. 5. INDEMNIFICATION. Consultant shall comply with the requirements of all applicable laws, rules and regulations, and shall indemnify and hold harmless the Client from and against liability for payments of Federal, State and local taxes on contributions Imposed or required under the Social Security, worker's compensation and income tax laws associated solely with the Consultant's performances of the Services performed by the Consultant under this Contract. 6. COMPLIANCE WITH LOCAL LAWS. The Consultant shall comply with all applicable laws, ordinances and codes of the State of Texas and local governments. 7. TERMINATION OF AGREEMENT FOR CAUSE. If the Consultant shall fail to fulfill in a timely and - proper manner his /her obligations under this Contract, -or if the Consultant shall violate any of-the covenants, agreements, or stipulations of this Contract, the Client shall provide written notice to Consultant reasonably specifying the failure or violation. If Consultant fails to cure such failure or violation within five (5) business days of receiving such notice (or if the failure or violation is incapable of cure within such time frame, to begin to take actions to cure such failure or violation and to diligently pursue them to completion), Client thereupon shall have. the right to terminate this 'Agreement by giving written notice to the Consultant. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. TERMINATION OF AGREEMENT FOR CONVENIENCE. Either the Client or the Consultant may terminate this Agreement at any time by providing at least ten (10) days notice in writing to the other party to this Contract. If the Agreement Is terminated as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the termination date. In such event, all finished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement shall, at the option of the Client, become its property. 8. INTEREST OF MEMBERS OF CLIENT. No member of the governing body of the Client, no other public official of Client, and no other officer, employee, or agent of the Client who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract, and the Client shall take appropriate steps to assure compliance with this requirement. Agreement for Grant Administration Services Page 4 of 8 Vol. � � Pg. 9. INTEREST OF CONSULTANT AND EMPLOYEES. The Consultant covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The Consultant further covenants that in the performance of this Contract, no person having any such Interest shall be employed by Consultant to perform services under this Contrat. 10. COMPLIANCE WITH FEDERAL LAWS. During time of performance Consultant shall comply with relevant federal laws, regulations and rules including the following: A. CIVIL RIGHTS ACT OF 1964. Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits, or be subjected to discrimination under any program or activity receiving Federal financial assistance. B, SECTION 109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 1974. No person in the United States shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Title. C. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this Contract, the Consultant agrees as follows: The Consultant will not discriminate against any employee or applicant for employment because of race, creed, sex, color or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Client setting forth the provisions of this non - discrimination clause. .__ii.... The_Consultant.will,Jn._ all. solicitafon;.or. adyertisemenls for. employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, creed,'coior, sex, or national origin. iii. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. iv. The Consultant will Include the provisions A. through C. In every subcontract or purchase order unless exempted. D. "SECTION W COMPLIANCE IN THE PROVISION OF TRAINING, EMPLOYMENT AND BUSINESS OPPORTUNITIES. The work to be performed under this Agreement is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968; as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower Income residents of the project area and contracts for work in connection with the project be Agreement for Grant Administration Services Page 5 of 8 V . __ / 9�_ Pg. i1.3.j1 awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. it. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 C.F.R. 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. iii. The Client shall require each contractor to send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. iv. The Client shall require that this Section 3 clause is included in every contract and subcontract for work in connection with the project and will take appropriate action upon finding that a contractor or subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 C.F.R. Part 135. The Client shall not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 C.F.R. Part 135 and will not enter Into any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with requirements of the regulations. V. Compliance with the provisions of Section 3, the regulations set forth in 24 C.F.R. Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, It successors and assigns. Failure to full these requirements shall subject the applicant, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 C.F.R. Part 135. E. SECTION 503 HANDICAPPED (IF $2,500 OR OVER) AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS: The parties will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and for training, including apprenticeship. if. The contractor agrees to comply with applicable rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. ill. In the event of the contractor's non-compliance with the requirements of this clause, actions for non - compliance may be taken in accordance with the applicable rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. Agreement for Grant Administration Service - - - - -- Page 8 of 8 Vol. iv. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall stale the contractor's obligation to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. V. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of Section 503 of Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. W. The contractor will include the provisions of this clause In every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non - compliance. Agreement for Grant Administration Services Page 7 of 8 AGREEMENT FOR ADMINISTRATIVE MANAGEMENT SERVICES PART III - SCOPE OF BASIC SERVICES Environmental Review' 1. Prepare environmental assessment. 2. Coordinate environmental clearance procedures with other interested parties. 3. Coordinate any third -party professional services required to complete the assessment (third -party professional services are outside the scope of this agreement and their costs shall not be borne by Consultant, see Section IV of this Agreement) 4. Document consideration of any public comments. 5. Assist with compliance with Executive Order 11988 for projects located in flood plain. 6. Prepare and submit related public notices. 7. Prepare Request for Release of Funds and Certifications. `Services related to reassessment of the Environmental Review Record resulting from a contract amendment may be subject to additional charges payable to GranlWorks (see Section IV of this Agreement). Agreement for Grant Administration Services - — _ _. - Page 8 of 8 36 Texas Dept. of Family Purchased Client Services Contract and Protective Services Amendment Service Type: Title IV -E County Child Welfare Services Contract #23940058 Amendment #13 -1 Form 9077 June 2010 This AMENDMENT (Amendment) of contract #23940058 (Agreement or Contract) is entered into by and between the Texas Department of Family and Protective Services (DFPS or the Department) and Brazos County (Contractor). 1. Purpose Section V of the Agreement stipulates that the Contract may only be modified through a written amendment mutually agreed upon and signed by both parties. DFPS procured this Contract under an Interlocal Cooperation Contract for Title IV -E Child Welfare services and has been amended 0 times. The parties agree that: (1) changes have been made to federal or state laws, regulations, rules or policies, and this contract is amended to reflect such;, and (2) this Contract needs to have the option of it being unilaterally amended as necessary to comply with changes made to federal or state laws, regulations, rules or policies and to correct obvious clerical error. 2. Effect of Amendment on Contract 2.1. Unless otherwise modified, the terms and conditions of the Contract shall remain in full force and effect. 2.2. Section I, Subsection B, Paragraph 1: County's Responsibilities of the Original Contract is modified by the following: 2.2.1. Section I(B)(1)(i) Confidentiality is modified by adding "and Records Retention" to the title to read: L Confidentiality and Records Retention 2.2.2. Section I(B)(1)(i) of the Original Contract is modified by adding: (iv) THE CONTRACTOR MUST NOT DISPOSE OF RECORDS PERTAINING TO CHILDREN IN DFPS CONSERVATORSHIP BEFORE PROVIDING THE DEPARTMENT'S CONTRACT MANAGER WRITTEN NOTICE OF ITS INTENT TO DISPOSE OF RECORDS AND RECEIVING WRITTEN APPROVAL FROM THE DEPARTMENT'S CONTRACT MANAGER. 2.2.3. Sections I(B)(1)(r) Officers' Total Compensation through I(B)(1)(t) CERTIFICATIONS of the Original Contract are renumbered I(B)(1)(s) Officers' Total Compensation through I(B)(1)(v) CERTIFICATIONS in order to insert a new Section l(B)(1)(r). 2.2.4. New Section I(B)(1)(r) Single Audit is inserted into the Original Contract as follows: Terns Dept. of Family Purchased Client Services Contract Form son and Protective Services June 2010 Amendment Service Type: Title IV -E County Child Welfare Services Single Audit. All contractors identified as subrecipients will submit a Single Audit Determination (SAD) form in accordance with HHSC -OIG requirements. If applicable, Contractor will submit an annual financial and compliance audit of Contractor's fiscal year in accordance with Single Audit Requirements of OMB Circular A -133 (Audits of State, Local Government, and Non - Profit Organizations) and Texas Uniform Grant Management Standards. Contractor will re- procure with the objective of rotating the independent audit firm every six years. Contractor will submit verification of the re- procurement of the independent audit firm for Single Audits. 2.2.5. Section 1(B)(1)(v)(Il) Suspension, Ineligibility, and Voluntary Exclusion is deleted in its entirety and a new Section I(B)(1)(v)(B) is inserted for same. B. Ineligibility, Suspension, and Voluntary Exclusion. Federal Law (2 CFR 180, 2 CFR 376, and Executive Orders 12549, 13224, and 12689) requires DFPS to screen each covered Contractor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Contractor certifies the following: a. That Contractor and Contractor's principals are, to the best of its knowledge and belief, not on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. b. That Contractor will not knowingly enter into any subcontract with an entity who is on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. Contractor will also not knowingly enter into any subcontract with an entity whose principals are on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. c. That Contractor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially designated nationals list without modification in any subcontracts or solicitations for subcontracts. SAC Texas Dept. of Family purchased Client Services Contract - Fdrm son and Protective Services June 2010 Amendment Service Type: Title IV -E County Child Welfare Services 2.2.6. Section I(B)(1)(v)(iti) Drug Free Workplace Certification. Section 1(13)(1)(v)(iii) of the Original Contract is renumbered to Section 1(13)(1)(v)(C) and revised to correct a clerical error by deleting the following language this is struck through as follows: C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement Fequiired by ; d. Notifying the employee in the statement t4ii a that, as a condition of employment under the grant, the employee will — e. Notifying the agency in writing, within ten calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central. point for the receipt of such notices. Notice will include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice with respect to any employee who is so convicted- 2.3. Section II. BASIS FOR CALCULATING PAYMENT OBLIGATIONS of the Original Contract is modified by adding the following provision: D. Payment 1. The County must seek payment or adjustment to payments in accordance with the time limit specified in 45 CFR 95.1 (Code of Federal Regulations). This subpart establishes a two -year (eight quarter) time limit for a State to claim Federal financial participation in expenditures under State plans approved under Title IV -E and Temporary Assistance for Needy Families (TANF). Any bill or amended bill, which is submitted to DFPS later than seven quarters after the end of the quarter of the expense, will not be processed unless DFPS determines that submission for payment of the bill to the federal government can be executed in a proper and timely fashion Terns Dept. of Family Purchased Client Services Contract - -Form 9077 - - - - and Protective Services Amendment June 2010 Service Type: Title IV -E County Child Welfare Services 2.4. Section V MODIFICATIONS. Subsection V(B) of the Original Contract is deleted in its entirety and the following substituted for same: B. The parties to this Agreement may make modifications to the Contract according to the requirements of this section. 1. Bilateral Amendment. Either party to this Agreement may modify this Contract by execution of a mutually agreed upon written amendment signed by both parties. 2. Unilateral Amendment. The Department reserves the right to amend this Agreement through execution of a unilateral amendment signed by the DFPS Contract Manager and provided to the Contractor with ten (10) days notice prior to execution of the amendment under the following circumstances. a. to correct an obvious clerical error in this Contract; b. to incorporate new or revised federal or state laws, regulations, rules, or policies. The parties to Contract #23940058 have duly executed this Amendment to be effective August 30, 2013. Texas Department of Family and Protective Services County Signature Signature Printed Name: Shelia Brown Printed Name: °vane Peters Title: Regional Director Title: county Judge Date CAI gg)13 Date I N a�/0 VE Texas Dept. of Family Budget for Title IV -E Form ^20390 , Z013 and Protective Services County Child Welfare Services Contract Summary County: Brazos County -Child Welfare Contract Number: 23940058 Budget Effective Date: 10/112013- 913012014 Estimated Total Total'Anticipated Total Anticipated ' cost Category, Expenses Federal County Allocable to Reimbursement` Match Title IV - -E A. Administration A.1, Direct Personnel Salaries $0.00 $0.00 $0.00 A.2. Direct Personnel Fringe Benefits $0.00 $0.00 $0.00 A.3. DireSEquipment vel $0.00 $0.00 $0.00 A.4. Dire Su lies $0.00 $0.00 $0.00 A.5. Dire$0.00 $0.00 $0.00 A.6. Dire $200.0 0 $52.52 $147.48 Total Administration $200.00 $52.52 $147.48 B. Training B.I. Title IV -E Trainin 75% $2,540.00 $1,000.47 $1,539.53 8.2. Title IV -E Fostering Connections Training 65% $0.00 $0.00 $0.00 B.3. Non -Title IV -E Training 50% $0.00 $2,540.00 $0.00 $1,000.47 $0.00 $1,539.53 Total Training C., Supplemental Foster Care Maintenance (SFCM) Total SFCM $21,650.00 $12,706.39 $8,943.62 D. Indirect Costs (if applicable) $0.00 $0.00 $0.00 Indirect Cost Base Grand Total $24,390.00 $12,758.90 $9,091.10 *'Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) 52.518% during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. Estimated Federal Reimbursement for Supplemental Foster Care Maintenance expenses 58.69% based on Federal Medicaid Assistance Percentage (FMAP) rate in effect during preceding fiscal year: Actual reimbursement will be based on FMAP rate in effect at the time reimbursement is made to contractor. 28.190% Indirect Cost Rate if applicab attach a copy of the approved Certificate of Indirect Costs): Contractor Certification . Date Signature Duane Peters, County Judge Printed Name 8 Title Texas Dept. of Family Budget for Title IV-E Form 2030CWIVE and Protective Services August 2013 County Child Welfare Services Contract Administration A.6. Direct Other Costs County: Brazos County -Child Welfare Contract Number., 23940058 Budget Effective Date: 10/1/2013- 9/30/2014 ' Anticipated Federal Other Costs Estimated Reimbursement Anticipated County . (description) Total Expense (estimated EPR Match x 50% FFP) Birth Certificates $200.00 $52.52 $147:48 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Other Costsi $200.001 $52.52 $147.48 estimated total cost for Title IV -E related activities Note PI r f r t Titl IV E Finance Handbook f d t 'I dinformation mgard' a all ble oxegmses. documentation reeuirements. etc._ huo• // wdfo t tel s /handbookslyde IVE County /defeult'sn } ) CD \ } v E —_l fe.Pm.gfo (� 0 b 2m }/ (\ I� § w � (/ / § � ƒ t t ~ ® ^ 0 } 2 } CD ) 7 } 77l } « § 2 � | al2J \ ( -6`k § (f } e 3�\L § t2 k k = § e a 2[ Co 3 k i m ° CD § / A ; w _a /Ei &= lu - : : § ��7 to ] / \[ 419 V) \ \.\ \ \ / 0 0 a MZ \ CL to 0 (0 C" # f f / / f / &�k CD CD o 6 \3 ) {\ |E§ \ \ \ \ \ \ \ \ \ �0 k !Jf f/ f# M f \/ b C6 v E —_l fe.Pm.gfo (� 0 b 2m }/ (\ I� § w � (/ Texas Dept. of Family Budget for Title IV -E and Protective Services County Child Welfare Services Contract Form 203CCWIVE August 2013 C. Supplemental Foster Care Maintenance (SFCM) County: Brazos Count -Child Welfare Contract Number: 23940058 Budget Effective Date: 10/112013- 9/3012014 Other Costs (description) Estimated * Total Expense* P Anticipated Federal Reimbursement (estimated FMAP) Anticipated County Match Allowances $0.00 $0.00 Clothing $20,000.00 $11,738.00 $8,262.00 Gifts $250.00 $146.73 $103.28 Graduation Expenses $500.001 $293.45 $206.55 Personal Items $100.00 $58.69 $41.31 School Supplies $300.00 $176.07 $123.93 Reasonable Child Specific Travel $500.00 $293.45 $206.55 Total Direct Other Costs $21,650.00 $12,706.39 $8,943.62 estimated total cost for Title IV -E related activities Not Please mferin Title IV -E r'n . andboak for detailed int miatiDn mizarding Ilgyable cxpe-Ies, ds& mentalion renulmme lts etc, hnglg dfos tnt<t Vha dbooksrrtic IVE Counly1deflult.iM Pg.4&9 Texas Dept. of Famity Budget for Title IV -E Fonn 2030CWIVE and Protective Services County Child Welfare Services Contract August2013 Budget Narrative County: razos County -Child Vlelfa Contract Number: 23940058 Budget Effective Date: 1 01112 01 3- 913 012 01 4 A. Administration A.1. Direct Personnel Salaries Certificates for IV -E eligible children Training Crimes Against Children Conference for CPS staff B.2. Title IV -E Fostering Connections Training (65 %) C. Supplemental Foster Care Maintenance (SFCM) Allowable expense directly related to the IV -e eligible children to include clothing, personal items, school items, day care, or travel for children D. Indirect Costs (if applicable) r' 1Yd Pq.. _ Texas Dept. of Family Signature Authority Designation Form 2031 ._ -..__. and-Protective services _.. ...__.._. _.... ...._....... _ April 2011 All Contractors /Potential Contractors are required to fill out and submit this form. Completion of this form designates signature authority for Contractor: Brazos County The Contractor may attach a document or letter designating signature authority, including the signature authority's name and title, or verify that the signature below is the only signature authority designated for contracting with DFPS. ❑ Document attached (e.g., from the contractors governing body) ® Signature used below is the signature authority for the Contractor The Contractor understands that there is an ongoing duty to notify DFPS in writing of any change to signature authority during the term of the contract with DFPS. The Contractor verifies that the attached document or signature below is a complete, true, and correct Duane Peters Printed Name R n Co Judge ") J 13 Title of unty Authorized Representative Date Brazos Count 23940058 Legal Name of Contractor /Potential Contractor Contract or Procurement Number The Designated Signature Authority, as referenced above, must authorize in writing the delegation of signature authorities to any additional person(s) to approve and sign contract documents. The Contractor must use the supplied attachment(s) provided by DFPS to capture further delegation information. Both the printed name and signature is required for each authorized individual. PCS -301 -- June201.1 ... .. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Additional Authorized Signature Designation Contractor's Name & Mailing Address: Date: Brazos County 200 South Texas Avenue, Ste 218 Bryan, Texas 77802 Program Name & Contract Number: Child Welfare Services - # 23940058 Designation of Contract Signatories The agency's, contract signatory, as referenced on the Signature Authority Designation (form 2031), for the above listed program contract has authorized the following person(s) listed below to approve and sign on the contract functions as indicated. Please note that both the printed name and signature is required for each authorized individual. Katie Conner Printed Name Printed Name Printed Name Printed Name County Auditor Title Title Title Title Printed Name Title Financial Officer Function Function Function Function Function Certification of Designation ,� -6-- Signature Signature Signature Signature Signature I certify that the person(s) indicated above are designated as "Authorized Official(s)" for the purpose stated and that the signatures are valid. I further understa Lnyc is y responsibility to immediately notify the Division of Regional CPS Contracts in 1 of g to the above list. Duane Peters, County Judge Printed or Typed Name & Title of Contract Signature Signatory � J4/ Pg.-O?-I,/ Texas Dept of Family Risk Anal s]s Questionnaire Form 9105 -- --- -and Protective Services -. - - -. - - -- - - —.y -_ ......., -. -..... .. .. - July 2013.. Contract Name: Brazos Count Child Welfare Services Contract Number: 123940058 IFY 2014 Fee For Service Please provide the person's name and number to contact if additional information is Megan Mason, Asst Auditor (979) 361 -4352 needed: 1. Do you currently have other active contracts with DFPS or any other entity either within or outside of Texas [federal, state (ISO, University), county, private business]? Yes ® No ❑ If yes, please provide the contract number and indicate which of the following payment types is utilized for the rnnfrarh Fixed Price Contract is for a firm fixed price . Payments are not affected by contractor actual costs. Cost Contractor is reimbursed for allowable costs. Reimbursement Fee For Service Contractor is paid a set fee per unit of service. Typically rates are negotiated with the individual vendor and may apply only to that vendor. An independent rate setting process does not exist for the contracted service. Rate Based Contractor is paid at a pre - determined rate or fee per unit of service, which was Payments established through a rate setting process. The rate setting process typically applies to multiple contractors who provide the service. Blended Foster The blended foster care rate is the HHSC - developed rate equal to the weighted average Care Rate rate across all placement types that DFPS pays under a Single Source Continuum Contract for each day of service provided to a child or youth in paid foster care. Blended Foster The blended foster care case rate is the rate paid under a Single Source Continuum Care Case Rate Contract for each day of service provided to each child or youth as measured against an established length of stay baseline formulated by HHSC for each defined age category or "strata" of children /youth. Exceptional Foster An exceptional foster care rate applies to a limited number of situations andlor days under Continuum Contract where a child requires extraordinary care. The Care Rate a Single Source exceptional foster care rate is developed using historical costs of delivering similar services, where appropriate data are available, and estimating the basic types of costs of products and 'services necessary to deliver services meeting federal and slate requirements. Other Any other payment type not defined above. Contract Number Payment Type Contract Number see attached schedule of state & federal grants Payment Type RAI Factors s2 b se 2. Check the appropriate time period since your last audit (e.g., annual financial statement audit, compliance audit,) was completed by an independent auditor, including other state /federal agency. ® Within 21 months ❑ Within 22 -34 months ❑ 35 months or more OR No Audit completed Describe the type of audit completed: Programmatic & Financial audit by staff with TDFPS and annual financial statement audit by independent auditor. RAI Factor Mts FVOI. 41 Pg• jr Texas Dept of Family Risk Analysis Questionnaire -_ -- - -- and - Protective Services Form 9105 - - July 2013 3. Type of Related Party Transactions: "Doing business' refers to business activities such as purchasing or leasing (e.g., a building, a computer, or a vehicle) and /or obtaining a service (e.g.. legal services, accounting services, banking services), even if the purchase /lease /service is provided at no charge, from anyone related by blood, adoption or marriage to a member of your Board of Directors; a principal stockholder, or a key employee. Does your agency do business with any of the above - mentioned parties for the following? RAI Factor010 Non - Compensated Services ❑ Yes ® No Compensated non- recurring Services ❑ Yes ®No Compensated Consulting or Management Services ❑ Yes ® No Compensated Building Leasing ❑ Yes ®No Compensated Transportation ❑ Yes ® No Compensated Goods and Services or Labor ❑ Yes ® No For - Profit Aff0iated with Non - Profit ❑ Yes ® No Owned /Operated by Same or Related Entity ❑ Yes ®No Parent/Subsidiary Relationship ❑ Yes ® No Texas Dept of Family Risk Analysis Questionnaire Form 9105 ---and Protective Services- -_- -- - - -- --- - -- _ - - - - July 2013 4. The percentage of total expenditures paid out to Subcontractors in a fiscal year as allowable by contract. ® 0% ❑ No More than 30% ❑ 31 % to 50% ❑ More than 50% RAI Factor #9 5. Experience of key management staff: Note: Fiscal components refer to the financial aspect of the contract. Programmatic components refer to the program side of the contract, such as monitoring that services are provided to clients, monitoring the quality of the service delivery, ensuring compliance to the service provisions in the contract. Executive ❑ Director,Sole Proprietor, President or Equivalent Accounting (Comptroller Chief Financial Officer, Business Mgr, etc.) Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs ❑ Less than 2 years with ❑ fiscal or programmatic components of federal and/or state contracted programs Program ❑ Director, Program Coordinator or Equivalent I RAI Factor r7 Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs At least 2 years with fiscal or programmatic components of federal and /or state contracted programs At least 2 years with fiscal of programmatic components of federal and /or state contracted programs At least 2 years with fiscal or programmatic components of federal and /or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and /or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and /or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and /or state contracted programs 6. Check the appropriate box below regarding any significant changes in key management staff during the identified timeframes: ® No significant change in last 2 years ❑ Significant change in key management staff within: ❑ Last 2 years ❑ Last 12 months Factor a7 7. Total Contractor Experience Check the appropriate box below for your organization's total contractor experience (including experience with non -DFPS agencies) providing the type of service being contracted. ❑ 0 to 12 months ❑ 13 to 35 months ❑ 36 to 59 months ® 60 or more months RAI Factor #8 3 Vol _f4l Pg. �'.fd Texas Dept or Family Risk Analysis Questionnaire Form 9105 -- "-and Protective Services ..... .. ._... ... . -... __._.._.._ -__.. _. .. _ _. July 2013 . 8. Check the appropriate box below regarding any significant change in direct delivery and billing staff during the designated timeframes: ® No significant change in last 2 years ❑ Significant change in direct delivery and billing staff within: ❑ Last 2 years ❑ Last 12 months RAI Factor Na CERTIFICATION Signed by an individual with documented authorithy as designated by the business entity. LUEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE INFORMATION REPORTED HEREIN IS and Date a b _ n e •I 1CO1 II II E C rvl I w i i O n 4� O• "� P n I N b N nl „$ i W M " nla Yrt ZS 9; 9p m~ O n _ O J ^y 3 ¢ 7 a a b o aoapp % H y .gA % j�kf y�y�� i •sii u�l $ 'F A Iii » A r n W �u14 _ _ _ _ _ - mv_�° o •°•� r �°•I .°.i N a an.�%-i.ery mw i a >>>i '� a Y - 44 � •-i _ _ � P 1 � a a it W W W .. _.._ 169 _ 4 -�• :l r:■ . } § :,::: :::•,:: }�] \:,::,, } \_, {,,.; ® � - »!� ;§; \k _ } •!!! dd! ;!! }]}\2Z ■a&� ; | ;;, _�! }2� !!! } , It ' CC , & # _ )\ ` 170 — �--- �-- -- - -- Ive \ \\ \ ..... y .... �..c ..._ . .. ._ -— r j \ \} \)� � ( \ - $ � ) A \ \ \ . (�} ■ � - - � ~ .! § §� ®�! 2 }!! §( \ \)k)() \)k ■ e . 22$ ` ■ « ■ 7 ! ! ` ` ! = � \ , _ $ $ •,i ! )/\ \\ \ § § ) } •� \ \ ..... y .... �..c ..._ . .. ._ -— r - , e \!■ ,. K! ` - !- .�a} § . 2 /!} /• f ® j , !| ! - - ! .. - - - 7. - ee!! �!} I §�� k x �k §� k( §§)§ ) xm;e ! a ;2» . 7� ■ ;n ;§| ■e. m■ �,e f m N \k ƒ) \} ! \ 2 ). §} ( ' \ �,! « _ ; ■! _ - i, !!. !•' _ / i ) } § {! «$ - !k)- ®i 175 [YO�� . y....._ 2 � iry �? _ I^ n T I g QI I I$ •�., I� I$� M P n _ ge u y A Y X w E ,I 1' � I I•I X St L F C � V w N •O � S tl i� i i• �`ItI 'T N A L � O �- � V, P yy N rL m L'1 M n pp Op R m O O {qy app � (�, M I d Y � .� j.1 1 vG•, f� fi 1 r Y P, rf`f 00 rl I� = m 6 a O H 176 °z m a � n l i, •o• I� I i� H 9 r f°ry { l i" r. P. 1 � l l U < J! - h 7 M >M y i < L - - S 4 rim `%NTN— Q J EQ GiL u F T r3 3 yY, U ZI P O• P T Q 9r• T T P? O• T Q T � C O 2 � _ Y E X St L F C N yy �5��y �w � i=i== zz:nHY• �. 3 4 = 6 a O H 176 ] } ] !!!/ _ k 42 ` 22) ; ! ; i | | ■ _ ! ` \ ) - _ ) | - � )`§!! } } . m Lvgi Texas Dept. of Family FFATA Certifications Form 012 - -- - - and Protective Services. - - -- - -- - - - - - - -- - _ June 2 2072 The Federal Funding Accountability and Transparency Act (FF represent material facts upon which DFPS relies when government required under federal faw. If the Department knowingly rendered an erroneous certification, DFPS ma accordance with Texas and U.S. law. Signor further agrees notice to DFPS if at any time Signor learns that any of the erroneous when submitted or have since become erroneous 'ATA) certifications enumerated below reporting information to the federal later determines that the Contractor y pursue all available remedies in that it will provide immediate written certifications provided for below were by reason of changed circumstances. Did your organization complete the CCR registration? ® Yes ❑ No Enter Your Dun & Bradstreet (D &B) DUNS Number, and its parent if applicable: 052960341 Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ® No ❑ N/A (if entity does not generate income) If your answer is "Yes ", skip questions "A ", "B ", and "C" and finish the certification. If your answer is "No" or N /A, answer questions "A" and "B ". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 60% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ® No If your answer is "Yes" to both question "A" and 'B ", you must answer question "C ". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation [17 CFR 229.402(c)(2)] of the senior executives (e.g., officers, managing partners, or any other employees in management positions) in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No ❑ NIA (if entity reports through some other means, state how: ) If your answer is "No" you must provide compensation information to DFPS for FFATA reporting. If N /A, you may still be required to supply compensation information pending DFPS or federal awarding agency approval. l 1of2 / d�� Texas Dept. of Family FFATA Certifications Form 4734 and Protective Services— ._. _. _ __. .. . _ _ _ ... _. _ _.... .. _ _ June 2012 As the duly authorized representative (Signatory) of the Contractor named below, I hereby certify that the responses that I have provided to ttA questions in this certification form are true, complete and corregHQ the trest-"y owledge. Duane Peters Aigna Printed Name of Authorized Representative ure of Authorized Representative County Judge W/ a Title of Authorized Representative Date Brazos County 23940058 Legal Name of Contractor Contract Number 2 of 2 / Texas Dept. of Family Purchased Client Services Contract and Protective Services Amendment Service Type: Title IV -E County Legal Services Contract #23940059 Amendment #13 -1 Form 9077 June 2010 This AMENDMENT (Amendment) of contract #23940059 (Agreement or Contract) is entered into by and between the Texas Department of Family and Protective Services (DFPS or the Department) and Brazos County (Contractor). 1. Purpose Section V of the Agreement stipulates that the Contract may only be modified through a written amendment mutually agreed upon and signed by both parties. DFPS procured this Contract under an Interlocal Cooperation Contract for Title IV -E Legal services and has been amended 0 times. The parties agree that: (1) changes have been made to federal or state laws, regulations, rules or policies, and this contract is amended to reflect such; and (2) this Contract needs to have the option of it being unilaterally amended as necessary to comply with changes made to federal or state laws, regulations, rules or policies and to correct obvious clerical error. 2. Effect of Amendment on Contract 2.1. Unless otherwise modified, the terms and conditions of the Contract shall remain in full force and effect. 2.2. Section I, Subsection B, Paragraph 1: County's Responsibilities of the Original Contract is modified by the following: 2.2.1. Section I(B)(1)(g) Confidentiality is modified by adding "and Records Retention" to the title as follows: L Confidentiality and Records Retention 2.2.2. Section i(B)(1)(g) of the Original Contract is modified by adding: (iv) THE CONTRACTOR MUST NOT DISPOSE OF RECORDS PERTAINING TO CHILDREN IN DFPS CONSERVATORSHIP BEFORE PROVIDING THE DEPARTMENT'S CONTRACT MANAGER WRITTEN NOTICE OF ITS INTENT TO DISPOSE OF RECORDS AND RECEIVING WRITTEN APPROVAL FROM THE DEPARTMENTS CONTRACT MANAGER. 2.2.3. New Section I(B)(1)(p)(i) is modified by adding Subsection (e) to the Contract as follows: e. Single Audit. All contractors identified as subrecipients will submit a Single Audit Determination (SAD) form in accordance with HHSC -OIG requirements. If applicable, Contractor will submit an annual financial and compliance audit of Contractor's fiscal year in accordance with Single Audit Requirements of OMB Circular A -133 (Audits of State, Local Government, and Non - Profit Organizations) and Texas Uniform Grant gel _ Fg Texas Dept. of Family purchased Client Services Contract Form 9077 and Protective Services June 2010 Amendment Service Type: Title IV -E County Legal Services Management Standards. Contractor will re- procure with the objective of rotating the independent audit firm every six years, Contractor will submit verification of the re- procurement of the independent audit firm for Single Audits. 2.2.4. Section I(B)(1)(r)(ii) Suspension, Ineligibility, and Voluntary Exclusion. Section I(B)(1)(r)(ii) of the Original Contract is deleted in its entirety and the following provision substituted for same. Ineligibility, Suspension, and Voluntary Exclusion. Federal Law (2 CFR 180, 2 CFR 376, and Executive Orders 12549, 13224, and 12689) requires DFPS to screen each covered Contractor to determine whether each has a right to obtain a contract in accordance with federal regulations on debarment, suspension, ineligibility, and voluntary exclusion. Contractor certifies the following: a. That Contractor and Contractor's principals are, to the best of its knowledge and belief, not on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this solicitation or any resulting contract. b. That Contractor will not knowingly enter into any subcontract with an entity who is on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. Contractor will also not knowingly enter into any subcontract with an entity whose principals are on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. C. That Contractor will include this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially designated nationals list without modification in any subcontracts or solicitations for subcontracts. 2.2.5. Section I(B)(1 xr)(ili) Drug Free Workplace Certification. Section I(B)(1)(r)(iii) of the Original Contract is revised to correct a clerical error by deleting the following language that is struck through as follows: C. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement '. ; d. Notifying the employee in the statement r:i" that, as a condition of employment under the grant, the employee will- i Texas Dept. of Family Purchased Client Services Contract Form 9077 and Protective Services June 2030 Amendment Service Type: Title IV -E County Legal Services e. Notifying the agency in writing, within ten calendar days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice will include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice WdOF paragiraph F.W.d.ii, with respect to any employee who is so convicted- 2.3. Section Ii. BASIS FOR CALCULATING PAYMENT OBLIGATIONS of the Original Contract is modified by adding Subsection D as follows: D. Payment The County must seek payment or adjustment to payments in accordance with the time limit specified in 45 CFR 95.1 (Code of Federal Regulations). This subpart establishes a two -year (eight quarter) time limit for a State to claim Federal financial participation in expenditures under State plans approved under Title IV -E and Temporary Assistance for Needy Families (TANF). Any bill or amended bill, which is submitted to DFPS later than seven quarters after the end of the quarter of the expense, will not be processed unless DFPS determines that submission for payment of the bill to the federal government can be executed in a proper and timely fashion 2.4. Section V MODIFICATIONS. Subsection V(B) of the Original Contract is deleted in its entirety and the following substituted for same: B. The parties to this Agreement may make modifications to the Contract according to the requirements of this section. 1. Bilateral Amendment. Either party to this Agreement may modify this Contract by execution of a mutually agreed upon written amendment signed by both parties. 2. Unilateral Amendment. The Department reserves the right to amend this Agreement through execution of a unilateral amendment signed by the DFPS Contract Manager and provided to the Contractor with ten (10) days notice prior to execution of the amendment under the following circumstances. Texas Dept. of Family Purchased Client Services Contract Form 9077 and Protecfive Services June 2010 Amendment Service Type: Title IV -E County Legal Services a. to correct an obvious clerical error in this Contract; b. to incorporate new or revised federal or state laws, regulations, rules, or policies. The parties to Contract #23940059 have duly executed this Amendment to be effective August 30, 2013. Texas Department of Family and Protective Services Signature Printed Name: Shelia Brown Title: Regional Director Contractor: Brazos County Sig al Printed Name: Duane Peters Title: County Judge 81a71i3 Date Texas Dept. or Family Budget for Title IV -E Form 2030CLIVE and ProteUive Services December 2010 County Legal Services Contract Summary County: Brazos Contract Number. 23940059 Budget Effective Date: 1011/2013 - 9/30/2014 Estimated Total Total Anticipated Total Anticipated Cost Category Expenses Federal County Allocable to Reimbursement' Match Title IV -E A. Administration A.1. Direct Personnel Salaries $158,267.04 $41,559.34 $116,707.70 A.2. Direct Personnel Fringe Benefits $62,010.94 $16,283.45 $45,727.49 A3. Direct Personnel Travel $500.00 $131.30 $368.71 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.S. Direct Equipment $0.00 $0.00 $0.00 A.6. Direct Other Costs $12,600.00 $1,871.15 $10,728.85 Total Administration $233,377.98 $59,845.24 $173,532.74 B. Training $466,755.96 $119,690.49 $347,065.47 B.1. Title IV -E Training 75% $2,878.00 $1,133.60 $1,744.40 B.2. Title IV -E Fostering Connections Training 65% $0.00 $0.00 $0.00 B.3. Non -Title IV -E Training 50% $0.00 $0.00 $0.00 Total Training $2,878.00 $1,133.60 $1,744.40 C. Indirect Costs (if applicable Total indirect Costs $0.00 $0.00 $0.00 Grand Totall $236,255.981 $60,978.861 $175,277.14 'Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) 52.518°% during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. 28.190% Indirect Cost Rate, if applicable (attach a copy of the approved Certificate of Indirect Costs): Contractor Certification Signature Date Duane Peters, County, Judge Printed Name B Title Vol. 1K-P-9 -- �� W o _ o J N E N E E a o � LL U ro Y C W O L) d � H O N w N d m v m � J m c O LE T V E ,2 10 d LL N 'o m d N O O �a x c H m N N m N m m W d F O N O V CE 0 d m E N r d l Ssl_ _ y.J�Gs O OO y rn N O 0 C6 CO 6 O O O r O P, O V EFJ EA 6% O U t W r O N C:)- O LL m A O � a u C Q r m m O O O M dc K C') m N 0 C) 0 IL to In w W LL O O C L LL 11.1 V y LL 7 N N O 6% O 1 a r m e s E n L4 » v� v d „ x m C Q' a N N O O O O V r in V O O O O 0 CD O O O O O O O Efl Ley kfl w O H d U Q1 Co. O N a a x c7 N O O d m O m v LO x Vi 69 x EQ E w „ 69 N H W d N d ° d m o d U . Z r N N fn M C N p N d O M 2 C N c C 07 N O O 0_ a. 9 G d ¢` N N m W N D. m y > O H r u ° 0 0 0 .= Q p ¢ 0 'm 0 `O v ° ~ It a m Q A c c 6 N Cv Cl) ri U >;¢ r rn r- v Z O O Ui N (fl C 61i � k � W C) m U a m C d N � W H N Q O c > O r @ W O N_ (L Q N C N '0 m Q Q m m N U d N Q J J N N m N m m W d F O N O V CE 0 d m E N r d l Ssl_ _ y.J�Gs Texas Dept. of Family Budget for Title IWE Form 2030CLIVE and Protective Services December 2010 County Legal Services Contract Administration A.2. Direct Personnel Fringe Benefits County: Brazos Contract Number. 23940059 Budget Effective Date: 10/1/2013.9/3012014 Type of Fringe Benefits Estimated Total Expense" Anticipated Federal Reimbursement (estimated EPR x 50% FFP) Anticipated County Match FICA 7,65% 158268/12 =13189 $12,107.50 $3,179.31 $8,928.19 Workers Comp - 0.35757% $565.92 $148.60 $417.31 Retirement 14.00% $22,157.52 $5,818.34 $16,339.18 Medical & Life Insurance $89401 erson /annual $26,820.00 $7,042.66 $19,777.34 Dental $120! erson /annual $360.00 $94.53 $265.47 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Personnel Fringe Benefitsi $62,010.94 $16,283.45 $45,727.49 'estimated total cost for Title IV -E related activities Note: Please refer to Title I V -E Finance Handbook for detailed information re ae rding allowable expenses, documentation requirements etc htio' //www.dfi3s,state.tx.us/handbooks/Title IVE County /default.is0 94 Texas Depl. of Family Budget for Title IV -E Form 2030CUVE and Protective Services December 2010 County Legal Services Contract Administration A.6. Direct Other Costs County: Brazos Contract Number: 23940059 Budget Effective Date: 10/1/2013 - 9130/2014 Other Costs (description) Estimated Total Expense' Anticipated Federal Reimbursement (estimated EPR x 50% FFP) Anticipated County Match Court Reporter Transcri is $1,000.00 $262.59 $737,41 Citation of Publication $500.00 $131.30 $368.71 Publications based on library exios divided by 16 $1,000.00 $262.59 $737.41 Commercial copying of records $300.00 $78.78 $22122 Expert Witnesses $300.00 $78.78 $221.22 Interpreting $2,000.00 $0.00 $2,000.00 Mediation Fees $71500.00, $1,057.13 $6,442.88 Total Direct Other Costs $12,600.00 $1,871.151 $10,728.85 `estimated total cost for Title IV -E related activities Note Please refer to Title 1 V E Finance Handbook for detailed information resardine allowable cxpenses. documentation requirements etc http://www dfps state tx usfhandbooksrFille IVE County /default.isp (r E ) w) j; () )J \\ mƒ � }} �Vol. �� . \ [ k { C:, 8 0 0 R 8 g k \ f «t \ _ 0 0 0 0 c c c 0 k $ / \ / / \ / Q ° 8 0 8 8§ 8@@ \/ n e e 0 0 0/ _ _ _ _ k�/ \ \ / \ E z U, ` \ � § § § \ § § \ \ Z �to/ - m \ 7 7 - / (\k1) � / \ / 69 # � 3 @ @ W � - • loM § ' § !k)7 | ca m 0 0 - - £ k_ § 8 2 / # [ \k \� 2 $ \ ` !`� ( \ § § £ \ =a§ ■ G 3 E k�- 6 a _ £ v ® £ ° § \ § J \ u & ; 3 § ` + k » $ Im :_ \ / 3 LL \ ( LL f / (. \: ..\. �Vol. �� . \ [ k { Texas Dept. of Family Budget for Title IV-E Form 2030CLIVE and Protective Services December 2010 County Legal Services Contract Budget Narrative Contract Number: get Effective Date, Administration 23940059 1011/2013-913012014 UII CUIIY WUI IVIIlY. VII UdbCb IWaICU lV I IIIC I V -C VIIIIUI CI I, dIIVUdICU UY 1111 IC WUI AIM I VII UdbCb ICId ICU lU I IIIC IV -r- UIIIIUICI I, dIIVUdICU UY III IIV spent Mileage to and from court locations that are not located in the courthouse Court cost expenses directly related to Title IV -E children cases Training Family Law Conference and Crimes Against Children conference C. Indirect Costs (if applicable) d i� pg.- A47 Texas Dept. of Family Signature Authority Designation Form 2031 and Protective Services April 2011 All ContractorslPotential Contractors are required to fill out and submit this form. Completion of this form designates signature authority for Contractor: Brazos County Legal Services The Contractor may attach a document or letter designating signature authority, including the signature authority's name and title, or verify that the signature below is the only signature authority designated for contracting with DFPS. ❑ Document attached (e.g., from the contractor's governing body) ® Signature used below is the signature authority for the Contractor The Contractor understands that there is an ongoing duty to notify DFPS in writing of any change to signature authority during the term of the contract with DFPS. The Contractor verifies that the attached document or signature below is a complete, true, and correct representaFidrre sigElalgre author. Duane Peters ��. N•-�� j �* Printed Name Signatur/e�off jAuthorized Representative County Judge I d-11 Title of Authorized Representative Date Brazos County 23940059 Legal Name of Contractor /Potential Contractor Contract or Procurement Number The Designated Signature Authority, as referenced above, must authorize in writing the delegation of signature authorities to any additional person(s) to approve and sign contract documents. The Contractor must use the supplied attachment(s) provided by DFPS to capture further delegation information. Both the printed name and signature is required for each authorized individual. F__� 8 e _ Pg. it %O DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Additional Authorized Signature Designation Contractor's Name & Mailing Address: Date: Brazos County 200 South Texas Avenue, Ste. 218 Bryan, Texas 77803 Program Name & Contract Number: Legal Services - 23940059 Designation of Contract Signatories ['CS-301 June 2011 The agency's contract signatory, as referenced on the Signature Authority Designation (form 2031), for the above listed program contract has authorized the following person(s) listed below to approve and sign on the contract functions as indicated. Please note that both the printed name and signature is required for each authorized individual. Katie Conner County Auditor Financial Officer 44 Printed Name Title Function Signature Printed Name Title Function Signature Printed Name Title Function Signature Printed Name Title Function Signature Printed Name Title Function Signature Certification of Designation I certify that the person(s) indicated above are designated as Authorized Official(s)" for the purpose stated and that the signatures are valid. I further understand that it is responsibility to immediately notify the Division of Regional CPS Contracts in ritin of a e t the above list. Duane Peters, County Judge Printed or Typed Name & Title of Contract Sig ature Signatory vnl Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services July 2013 Contract Name: Brazos Count (Legal Services Contract Number: 123940059 FY 2014 Please provide the person's name and Fee For Service number to contact if additional information is Megan Mason, Asst Auditor (979) 3614352 needed: Do you currently have other active contracts with DFPS or any other entity either within or outside of Texas [federal, state (ISD, University), county, private business]? Yes ® No ❑ If yes, please provide the contract number and indicate which of the following payment types is utilized for the contract: Fixed Price Contract is for a firm fixed price. Payments are not affected by contractor actual costs. Cost Contractor is reimbursed for allowable costs. Reimbursement Fee For Service Contractor is paid a set fee per unit of service. Typically rates are negotiated with the individual vendor and may apply only to that vendor. An independent rate setting process does not exist for the contracted service. Rate Based Contractor is paid at a pre- determined rate or fee per unit of service, which was Payments established through a rate setting process. The rate setting process typically applies to multiple contractors who provide the service. Blended Foster The blended foster care rate is the HHSC - developed rate equal to the weighted average Care Rate rate across all placement types that DFPS pays under a Single Source Continuum Contract for each day of service provided to a child or youth in paid foster care. Blended Foster The blended foster care case rate is the rate paid under a Single Source Continuum Care Case Rate Contract for each day of service provided to each child or youth as measured against an established length of stay baseline formulated by HHSC for each defined age category or "strata" of childrenlyouth. Exceptional Foster An exceptional foster care rate applies to a limited number of situations and /or days under Care Rate a Single Source Continuum Contract where a child requires extraordinary care. The exceptional foster care rate is developed using historical costs of delivering similar services, where appropriate data are available, and estimating the basic types of costs of products and services necessary to deliver services meeting federal and state requirements. Other Any other payment type not defined above. Contract Number Payment Type Contract Number see attached schedule of state & federal grants RAI Factors 02 R e4 Payment Type 2. Check the appropriate time period since your last audit (e.g., annual financial statement audit, compliance audit,) was completed by an independent auditor, including other state/federal agency. ® Within 21 months ❑ Within 22 -34 months ❑ 35 months or more OR No Audit completed Describe the type of audit completed: Programmatic & Financial audit by staff with TDFPS and annual financial statement audit by independent auditor. RAI Foctor W 5 Vol. / LZ_ Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services - - July 2013 3. Type of Related Party Transactions: "Doing business" refers to business activities such as purchasing or leasing (e.g., a building, a computer, or a vehicle) and/or obtaining a service (e.g., legal services, accounting services, banking services), even if.the purchase /leaselservice is provided at no charge, from anyone related by blood, adoption or marriage to a member of your Board of Directors; a principal stockholder; or a key employee. Does your agency do business with any of the above - mentioned parties for the following? RAI Factor #10 Non - Compensated Services Compensated non - recurring Services Compensated Consulting or Management Services Compensated Building Leasing Compensated Transportation Compensated Goods and Services or Labor For - Profit Affiliated with Non - Profit Owned /Operated by Same or Related Entity Parent/Subsidiary Relationship ❑ Yes ONO ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ® No ❑ Yes ONO 2 i V',' U j P10 a1J Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services - - July 2013 4. The percentage of total expenditures paid out to Subcontractors in a fiscal year as allowable by contract. 00% ❑ No More than 30% ❑ 31 % to 50% ❑ More than 50% Factor a9 Experience of key management staff: Note: Fiscal components refer to the financial aspect of the contract. Programmatic components refer to the program side of the contract, such as monitoring that services are provided to clients, monitoring the quality of the service delivery, ensuring compliance to the service provisions in the contract. Executive ❑ Director,Sole Proprietor, President or Equivalent Accounting ❑ (Comptroller, Chief Financial Officer, Business Mgr, etc.) Program ❑ Director, Program Coordinator or Equivalent RAI Factor 97 Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs At least 2 years with fiscal or programmatic components of federal and /or state contracted programs At least 2 years wkh fiscal or programmatic components of federal and/or state contracted programs At least 2 years with fiscal or programmatic components of federal and /or state contracted programs At least 2 years with fiscal and programmatic components of federal and/or state contracted programs At least 2 years with fiscal and programmatic components of federal and /or state contracted programs At least 2 years with fiscal and programmatic components of federal and/or state contracted programs 6. Check the appropriate box below regarding any significant changes in key management staff during the identified timeframes: ® No significant change in last 2 years ❑ Significant change in key management staff within: ❑ Last 2 years ❑ Last 12 months RAI Factor 07 7. Total Contractor Experience Check the appropriate box below for your organization's total contractor experience (including experience with non -DFPS agencies) providing the type of service being contracted. ❑ 0 to 12 months ❑ 13 to 35 months ❑ 36 to 59 months ® 60 or more months as 3 Vol. Pg. %S� Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services- ' . - July 2013 B. Check the appropriate box below regarding any significant change in direct delivery and billing staff during the designated timeframes: ® No significant change in last 2 years ❑ Significant change in direct delivery and billing staff within: ❑ Last 2 years ❑ Last 12 months RAI Factor p8 CERTIFICATION Signed by an individual with documented authorithy as designated by the business entity. I HEREBY �CE Tlffr-j THE BEST OF MY KNOWLEDGE, THAT THE INFORMATION REPORTED HEREIN IS O TRUE, CT, ND OWPL E. Signature Name 197 Vol. e Pg.� %�� ~ - .F.,■.m . ( §i :§.\.:a � |z \ ƒk/}! �f£!fk$ m� r2 ■ - r, §FE | ■! } §.r .!}r _ ; fE'3:¥ ` - _ 1,�.= !'; �.� � ■;� « @ ! \_,1,,, : ;_ ¥ . ,R_,R . f,3 �|)Za =i §_k) /§ \ /§�- /)! ! @ §\ =k 2 ~ ! } 1.7 \ ƒk/}! �f£!fk$ m� r2 -r .!}r ; — m ...: L:_.P w7] r m P & b N 1 O• • .� �� IV • I n rO — N N Z r% w Cwt I I {I{ c °I U � w w 0 e • e P rr -eq P r P° I °: v�. 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R ^l 1 I � I I t I � 1 � 1 1 •Ti gg O p�� P N N �y8 ga ti Men w '•E n UtE„E a IS rL� QOM OOY •j0. � _rv�ry ___ Nnn Z q N N N W dV F�Fq qo °ogg QE$E° N O E ro e m r n° S•� EI 88o�S �g enea fe „ „nrN YYYY�III Z r r ri ri {� r o- .i d .i .•i o c e o 0 P P P P P P P rP 01 Q P P P P F E 'u e L Epp ,u a� ^ a r33 € U i0 i x 5 `' 8. �. 8 � 8 II t- �i r' Y�' � F= e c ..t ._'t a_ c• E' y gpEo ee u°. v- 99 g o D5 V a a 4 9 .o E '� E E E E II F� F- 'FF�- i� = p -Y `a a •,85 s iS Yii F% F Z. Z. d rYi la. LL a a a 3 176 }\} T - ]2§292 ;e9 Via■ ! =$! +a®!®; § § | } |! . 33 ! - ) \ E ]- | , E ! § f ( 7 § [ \ ƒ \ \ \ ) § § 7 k f ( \ - k ) ! ■ � \ � 777 - ]2§292 ;e9 Via■ ! =$! +a®!®; § § | } |! . 33 ! - ) \ E ]- | , E Form 4734 Texas Dept. of Family FFATA Certifications - - - and Protective Services June 2012 The Federal Funding Accountability and Transparency Act (F represent material facts upon which DFPS relies when government required under federal law. If the Department knowingly rendered an erroneous certification, DFPS m< accordance with Texas and U.S. law. Signor further agrees notice to DFPS if at any time Signor learns that any of the erroneous when submitted or have since become erroneous 7ATA) certifications enumerated below reporting information to the federal later determines that the Contractor y pursue all available remedies in that it will provide immediate written certifications provided for below were by reason of changed circumstances. Did your organization complete the CCR registration? ® Yes ❑ No Enter Your Dun & Bradstreet (D &B) DUNS Number, and its parent if applicable: 052960341 Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ® No ❑ N/A (if entity does not generate income) If your answer is "Yes ", skip questions "A ", "B ", and "C" and finish the certification. If your answer is "No" or N /A, answer questions "A" and "B ". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ® No If your answer is "Yes" to both question "A" and "B ", you must answer question "C ". If your answer is "No" to either question "A" or "B ", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation [17 CFR 229.402(c)(2)] of the senior executives (e.g., officers, managing partners, or any other employees in management positions) in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)),or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No ❑ NIA (if entity reports through some other means, state how: ) If your answer is "No" you must provide compensation information to DFPS for FFATA reporting. If NIA, you may still be required to supply compensation information pending DFPS or federal awarding agency approval. 1 of 2 I \inl Pg. 2 O Z Texas Dept. of Family FFATA Certifications Form 4734 and Protective Services - - - June 2012 As the duly authorized representative (Signatory) of the Contractor named below, I hereby certify that the responses that I have provi t questions quesons in this certification form are true, complete and corre t the st ti knowledge. Duane Peters Printed Name of Authorized Re resentative Si nature of Authorized Re resentative County Judge pr% Title of Authorized Representative Date Brazos County 23940059 Legal Name of Contractor Contract Number 2 oft IVol. l Oaf p9, -_�� STATE OF TEXAS COUNTY OF CAMERON § CONTRACT NO. JUV2014 -09 FOR § RESIDENTIAL SERVICES CAMERON COUNTY JUVENILE JUSTICE DEPARTMENT Amador R. Rodriguez Juvenile Boot Camp and Educational Center Term: September 1, 2013 — August 31, 2014 This Agreement is entered into by and between Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Probation Department (collectively referred to as "Juvenile Probation" and the Cameron County Juvenile Justice Department a governmental entity licensed to provide child care services by the Texas Juvenile Justice Department ( "Service Provider "). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Brazos County Juvenile Probation with residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider and is located at 2330 W. Highway 77, San Benito, Texas 78586. The business office address of the Service Provider is P.O. Box 1690, San Benito Texas 78586. All notices to Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: Brazos County Juvenile Probation Department 1904 W. SH21, Bryan Texas 77803 to the Chief Juvenile Probation Officer, Douglas Vance. ARTICLE II TERM 2.01 The term of this Agreement is for twelve months, commencing September 1, 2012, and ending August 31, 2013. It shall be automatically renewed for one year terms thereafter, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term of its intention not to renew this agreement. 2.02 The terms of this Agreement shall be extended until such time as all services which have been requested by Brazos County and are pending on the termination date in section 2.01 above, have been performed. Under this agreement, Brazos County Juvenile Probation Department may refer juveniles in need of the Ninety (90) day Pride Attitude and Motivation Program (PAM) or the standard one - hundred eighty day (180) program. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level 1. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every -day" worriei, and occasional misbehavior, but would be regarded as a normal child; responds to "normal" discipline. The VOL _ /�5� Pg. ;&_. caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or 2. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. B. Moderate Level 1. Frequent or repetitive minor problems in one or more areas; may engage in non- violent antisocial acts, but is capable of meaningful interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff; or 2. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, allowances, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff, and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Juvenile Probation Officer within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s), and Juvenile Probation, and specifically the Juvenile Probation Officer are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Juvenile Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. Page 2 of 17 V()i /�� fC 9 E. Provide to the Juvenile Probation Officer a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Juvenile Probation Officer within thirty (30) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mentaUbehavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Juvenile Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews H. Provide the Juvenile Probation Officer with a written report of the child's progress on a monthly basis in a Monthly Progress Report. I. Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical /psychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance, or Medicaid coverage. However, in no case shall a child be denied any needed medicaUpsychiatric treatment or clothing due to the inability to pay. ARTICLE N Page 3 of 17 E01 / �� EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome treasures contained in this section. Juvenile Probation at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): L The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: I. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. Page 4 of 17 Vol,__ ARTICLE V COMPENSATION 5.01 For and in consideration of the above- mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the Level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its fiscal or designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. For services rendered under this agreement, Brazos County Juvenile Probation Department shall pay the sum of Ninety -Five ($95.00) Dollars per day per child for each day juveniles are placed at the facility. Charges will include the day of admittance, regardless of the hour of admittance; plus the number of days until released, including the day of release regardless of the hour. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Medical: Brazos County Juvenile Probation Department agrees to be responsible for payment of medical care to the juveniles placed at the Amador R. Rodriguez Juvenile Boot Camp and Educational Center (ARJBCEC) and to pay for emergency examinations, treatments, and hospitalizations in the event the child's medical insurance does not cover the cost. The ARJBCEC shall notify Brazos County Juvenile Probation Department of any emergency or medical condition requiring medical care within one (1) regular working day of its occurrence. 5.04 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. Payments shall be made within ten (10) working days after receipt. Payment shall be made to Cameron County Juvenile Probation Department, P.O. Box 1690, San Benito Texas 78586. 5.05 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must Page 5 of 17 FO .�� _p �� include the sufficient identifying information of the parties receiving the services, the dates and times services were provided, and such other information deemed necessary for adequate fiscal control. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation. Service Provider will not contact other department employees regarding any claims of payment. 5.09 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. ARTICLE VI EXAMINATION OF PROGRAM AND RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview, and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purposes of evaluation, inspection, auditing, or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation any and all books, documents, or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review, and all questions arising there from have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.05 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested_ Service provider will ensure that the foregoing clauses concerning the authority of the State of Page 6 of 17 Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE V1I CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident 'involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty -four (24) hours from the time the allegation is made, to the following: Local law enforcement agency (not required for serious incidents); and 2. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said call). in addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident shall be submitted to the Texas Juvenile Justice Department within 24 hours of receipt; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Juvenile Probation at facsimile number 979 - 823 -4211, Attention: Chief Douglas Vance. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Justice Department immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 1- 877- 786 -7263. Within 24 hours of the report by phone, the Page 7 of 17 F_01 completed TJJD Incident Report Form shall be submitted by facsimile number 1- 512- 424 -6717 or by email; and C. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJJD Incident Report Form must also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number 979 -823- 4211, Attention: Chief Douglas Vance. 8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, learns of, receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death, or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth -on -youth physical assault, or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non - contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect, or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic, or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board, or by a private vendor under a contract with the governing board, juvenile board, or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post - adjudication secure correctional facility required to be certified in accordance with the Texas Family Code, and a public or private non - secure juvenile post- adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board, or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice Page 8 of 17 alternative education program and a non - residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE VIII -A PRISON RAPE ELIMINATION ACT 8 -A.01 Service Provider shall adopt and comply with all federal, state, county and city laws, ordinances, regulations and standards applicable to the provisions of services described herein and the performance of all obligations undertaken pursuant to this Contract, including the Prison Rape Elimination Act of 2003 (PREA) which establishes a zero- tolerance standard against sexual assault of incarcerated persons, including juveniles, and addresses the detection, elimination, prevention and reporting of sexual assault in facilities housing adult and juvenile offenders. Under PREA, Service Provider shall make available to the Chief JPO all incident- based aggregated data reports for every allegation of sexual abuse at its facility or facilities, and all such data may be requested by the Department of Justice from the previous calendar year no later than June 30 [PREA §I 15.387(e) and (f)]. Furthermore, Service Provider shall be responsible for the financial cost associated with any PREA audit. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, intems, volunteers, or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to juveniles in the facility or program. Prior to being granted access to juveniles in facilities or programs, Service Provider shall provide Juvenile Probation with documentation confirming that fingerprint -based searches of criminal information databases maintained by the Federal Bureau of Investigation and by the State of Texas have been completed within two years prior to the date of the most recent contract for services. This provision shall apply to individuals who begin employment or service provision on or after January 1, 2010. 9.02 Service providers of juvenile justice facilities or juvenile justice programs licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, of other state agency are exempt from the requirement to provide documentation of criminal history searches for staff employed in the program or facility. Service providers that are individually licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services, or other state agency are also exempt from the requirement to provide documentation of criminal history searches. Service Provider shall provide Brazos County with documentation confirming that Service Provider's license is currently in good standing with the licensing entity and shall not provide services under this Agreement unless its license is in good standing. Page 9 of 17 FVO _% Pg. v?% 9.03 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; intemet -based searches shall not be used to conduct this background search. 9.04 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual's employment or period of service; minimum of three (3) years; or until any pending litigation, claim, audit or review, and all questions arising there from have been resolved. 9.05 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another slate, or the United States within the past ten (10) years; A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; B. A current felony deferred adjudication, probation or parole; C. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; D. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; E. A currentjailable misdemeanor deferred adjudication, probation or parole; or F. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.06 In addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to juveniles in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.07 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to juveniles in a juvenile justice facility or a juvenile justice program. 9.08 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with juveniles. Page 10 of 17 Fol/O �_ pg �—f�S I ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation : A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; C. Any arrest or current criminal indictment of any employee, intem, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; D. All pending and past allegations and/or investigations of abuse, neglect, exploitation, death or other serious incidents involving a juvenile placed by Juvenile Probation in the juvenile justice facility or juvenile justice program; E. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program was the alleged or designated perpetrator; F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that required to register as a sex offender; and G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 10.02 Service Provider agrees and understands it has an affirmative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intem, volunteer, subcontractor, agent and/or consultant of Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. I V'r Y' Page 1 I of 17 ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. ARTICLE XII ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE X1I1 OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE X1V DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof; or A. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 14.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. 15.01 This Agreement may be terminated: ARTICLE XV TERMINATION Page 12 of 17 A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XV I WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVIJ INDEMNIFICATION 17.01 It is further agreed that Service Provider will indemnify and hold harmless Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Juvenile Probation for any act(s) of commission or omission of Juvenile Probation agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN IMMUNITY 18.01 This Agreement is expressly made subject to Brazos' County Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that Juvenile Probation has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; Page 13 of 17 Vol. pg.,/ B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Cameron or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement, that, if requested, it will cause its insurance carrier to identify Juvenile Probation as a certificate holder on its policy, and will add the Brazos County Juvenile Board as additional insured on its policy; D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program will be properly trained to report allegations or incidents of abuse, neglect, exploitation, death or serious incidents involving a juvenile under the supervision of Juvenile Probation in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect, exploitation, death or serious incident; and E. That, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Justice Department website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XX TEXAS LAW TO APPLY 20.01 This Agreement shall'be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Cameron County, Texas. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXII ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to be referred for placement in Service Provider's facility. 22.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include Page 14 of 17 time away from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by. Furloughs will not be authorized for the first ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. 22.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 22.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 22.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 22.06 Juvenile Probation is under no obligation to place any child with Service Provider. 22.07 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 22.09 In accordance with §29.012(b)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 22.09 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation's Policies, and Texas Juvenile Justice Department standards pertinent to services provided under this Agreement. 22.10 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 22.11 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the Page 15 of 17 Vol. - �85� Pg•- e`-1�� receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting, and auditing of such funds. ARTICLE XXHI LEGAL CONSTRUCTION 23.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIV PRIOR AGREEMENTS SUPERSEDED 24.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. ARTICLE XXV AMENDMENTS 25.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. p9 Page 16 of 17 AfT ON 20 FULLY EXECUTED IN DUPLICATE, H OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. Brazos mar y Juvenile robation Dept. By. Douglas Vanc Chief Juvenile Probation Officer C�_.__ By: ')EA Brazos County Juvenile Probation Dept. Juvenile Board Chair Dept. By: d' Tommy Ra z el Chief Juvenile Probation Officer Cameron County Juv. Probation QE ZEAL, Chairperson County Juvenile Board Page 17 of 17 ✓ �p �j� ✓ O� COMMISSIONER COURT MINUTES OF AUGUST 27, 2013 ARE CONTINUED IN VOLUME 185 PAGE 1 Vol. Ac Pg..:?U/ COMMISSIONER COURT MINUTES OF AUGUST 27, 2013 ARE CONTINUED FROM VOLUME 184 Vol. EXHIBIT A DEPOSITORY CONTRACT THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written by and between BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR ", and Citibank. N.A., a National banking association, organized under the laws of the United States and authorized by law to do banking business in Brazos County, Texas, and now conducting such business in said Brazos County, Texas, hereinafter called "BANK ". DEPOSITOR, through action of its Commissioners Court, hereby designates BANK as a depository for the period beginning Sept3mber 1, 2013, through August 31, 2017, for a term of four (4) years. This contract is to cover all accounts owned by the County and all funds held in trust by the DEPOSITOR and placed on deposit with BANK. At the end of this four -year contract, BANK agrees to a 90 -day extension if necessary to provide time for contract negotiations and a transition period. BANK's application for Depository Contract, including Request for Proposal, all exhibits, attachments, and addenda thereto, is incorporated and made part of this contract for all purposes; however, to the extent that any provision therein conflicts with any provision herein, this Depository Contract will control. DEPOSITOR reserves the right to make external investments in accordance with the laws of the State Of Texas and the Investment Policy of DEPOSITOR without the assistance of BANK. DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. In the event funds for a time deposit are withdrawn from a transaction or savings account at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR's account from which funds were withdrawn to establish the time deposit. Interest shall be calculated at the rate which BANK has proposed for the particular denomination and time period of said deposit at competitive public offering for said deposits (see Exhibit E attached). Time deposit maturities will not extend beyond the termination of this Agreement without the expressed consent of the BANK. tV/ Account interest due to the DEPOSITOR or payment for services due to the BANK, if earnings against which BANK fees may be offset are insufficient, will be calculated and settled monthly based on the information in Exhibits C, D, E, F, and G. Depository Contract Page I of /�s 2 VI. The existing Third Party Custodian Agreement executed between the DEPOSITOR, BANK and THE BANK OF NEW YORK MELLON, formerly known as THE BANK OF NEW YORK TRUST COMPANY, N.A., shall govern safekeeping services and to hold any securities pledged by BANK in a custodial account established for the benefit of the DEPOSITOR. This Agreement shall be attached and incorporated herein for all purposes. VII. All notices, demands, or other writings may be delivered by any party hereto to the other, by United States Mail or other reliable courier at the following addresses: DEPOSITOR: Duane Peters, County Judge Brazos County, Texas 200 South Texas Ave. Ste. 332 Bryan, Texas 77803 COUNTY TREASURER: Laura Davis Brazos County, Texas 200 South Texas Ave. Ste. 240 Bryan, Texas 77803 TRUSTEE: The Bank of New York Mellon Une Wall Street 5 Floor New York NY 10286 BANK: Citibank NA. 2717 Texas Avenue South Collece Station Texas 77840 The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. VIII. The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certificate of Incumbency which certifies the standing By -Laws pertaining to the Execution of Agreements and the authority of an individual(s) to enter in to such agreements and pledge collateral on behalf of the BANK. IX. Either DEPOSITOR or BANK, with just cause, shall have the right to terminate this agreement prior to the expiration date by providing advanced written notice to the other party of its election to do so, and this agreement shall be void from and after the expiration of ninety (90) days after the receipt of such notice, provided all provisions of this agreement have been fulfilled. Depository Contract Page 2 of 4 Vol. 14377 P 9;3 This agreement is entered into and is performable In BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning the subject matter of this contract or arising out of the violation or application of any law governing the subject matter of this agreement (including but not limited to LGC 116, LGC 117, and the Public Funds Collateral Act, 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. Depository Contract, Brazos County Request for Proposal No. 2013 -12 and BANK's response to RFP No. 2013 -12, and the Third Party Custodian Agreement represent the entire agreement between the parties and supersedes any and all representation or agreement, both oral or written, not therein reflected. If any conflicts or inconsistencies shall arise among the terms of this agreement, Proposal No. 2013 -12, and BANK's response to said Proposal, the terms of this Contract and Third Party Custodian Agreement shall control, then the terms of Proposal No. 2013 -12 and then the Response. EXECUTED this 2jst day of August, 2013, by the undersigned duly authorized officers of the parties hereto. FOR Citibank N.A. BANK: 25 U9eAe ./. L (Title) (Date) FOR BRAZOS COUNTY: �1+ (Signit—u—re) D - tkpository Contract Page 3 of THE STATE OF TEXAS § COUNTYOFBRAZOS § BEFORE ME, on.this day personally appeared Eugene D. Lyles, Jr., Vice President of Citibank, N.A., herein referred to as BANK, known to me the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he executed the same as the act and deed of the BANK for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this of L-111 9r, 2013. Nota P lic, State of Texas Printed Name: + � �RC��`./ 9LOZ 'CO H06n 1 seildx3 uorssiwwo� Aw Commission Expires: b sexe1}oetels'ollged+betoN e� N33HO S .11H3N THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, on this day personally appear BRAZOS COUNTY, TEXAS known to me the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he executed the same as the act and deed of the BRAZOS COUNTY, TEXAS, for the purpose.and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of 2013 Notary Public, State of Texas Printed Name: Commission Expires: Depository Contract Page 4 of 4 / �� _._....._ .... CERTIFICATE OF INCUMBENCY C I T I B AN K, N. A. I, Paula F. Jones, Assistant Secretary of Citibank, N.A. ( "the Association or Bank ") having its head office at 701 East 601h Street North, Sioux Falls, South Dakota and its principal place of business at 399 Park Avenue, New York, NY, rX) HEREBY CERTIFY that the following is a true and correct copy of Section 2 of Article X of the existing By -Laws of CITIBANK, N,A. in full force and effect as of the date hereof: "Execution of. Instruments. All agreements, indentures, mortgages, deeds, conveyances, transfers, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts, affidavits, bonds, undertakings, proxies and other instruments or documents, may be signed executed, acknowledged, verified, delivered or accepted in behalf of the Association by the Chairman, the Chief Executive Officer, the President, any Vice Chairman, or any Executive Vice President, or the Chairman Credit Policy Committee, or any Senior Vice President, or the Secretary, or the Chief Auditor, or any Vice President, or anyone holding a position equivalent to the foregoing pursuant to provisions of these By -Laws, or, if in connection with the exercise of any of the fiduciary powers of the :Association, by any of said officers or by any Senior Trust Officer. Any such instruments may also be executed, acknowledged, verified, delivered or accepted in behalf of the Association in such ether manner and by such other officers as the Board of Directors may from time to time direct. The provisions of this Section 2 are supplementary to any other provisions of these By- Laws." I FURTHER CERTIFY that Eugene D. Lyles, Jr. is a Vice President of CITIBANK, NA., duly constituted as such, and the following is a facsimile signature as it appears in our record: In WITNESS WHEREOF, I have hereunto affixed my official signature and seal of the said Bank in the City of New York on this 11 " day of December, 2012. i % Oa::;a F. Jone�q Z cold THIRD PARTY CUSTODIAN AGREEMENT (Collateralized Municipal Deposits) L THIS AGRE MENT, made and executed as of i aWf and among _ (the "Local Government "), Citibank Texas, N. (the "Bank ") and The Bank of New York Trust Company, N.A. (the "Custodian "). WITNESSETH WHEREAS, Local Government desires to maintain or continue to maintain public deposits with Bank; WHEREAS, Bank desires to obtain such deposits and to provide security therefor as required by applicable law, regulation or rule; WHEREAS, Custodian agrees to provide safekeeping services and to hold any securities pledged by Bank in a custodial account established for the benefit of Local Government as secured parry pursuant to this Agreement; NOW, THEREFORE, in consideration of the mutual promises set forth hereafter, the parties hereto agree as follows: 1. Security Requirements (a) Bank, to secure the timely payment of Uninsured Deposits heretofore or hereafter made by Local GovemmeaL including any interest due thereon and any costs or expenses incurred by Local Government and arising out of the collection of any deposits made with Bank, has deposited with Custodian certain investment property more fully described in the initial confirmation Trust Receipt of such deposit delivered by Custodian to Bank and Local Government respectively (which investment property together with any additions thereto, substitutions therefor and the proceeds thereof, are hereinafter collectively referred to as "Collateral "), to be held by Custodian pursuant to the provisions hereof. Pursuant to the Texas Business and Commerce Code, as amended, Custodian shall act as a bailee or agent of Local Government and, to the extent not inconsistent therewith, hold the Collateral as a securities intermediary (as such term is defined in Chapter 8 of the Texas Business lk Commerce Code, as amended) and in accordance with the provisions hereof. Bank hereby grants to Local Government a pledge and security interest in and to such Collateral and shall deliver Collateral to Custodian in the manner prescribed in Section 2 of this Agreement. (b) Subject to paragraph (c) below, Local Government authorizes Custodian as its agent to approve substitutions of Collateral ( "Substitute Collateral ") supplied to Custodian by Bank for Collateral in the Account upon receipt of Oral Instructions or Written Instructions from Bank identifying the Collateral to be substituted. Such Oral or Written Instructions shall when received by Custodian be deemed Bank's representation and warranty, on which Custodian may rely without further inquiry, that (i) the Substitute Collateral constitutes Collateral that is eligible for deposit hereunder and (ii) has a Margin Value equal to or greater than the Margin Value of the Collateral to be substituted (each, an "Approved Substitution "). Following completion of each Approved Substitution Custodian shall update its records of the Account as soon as possible and issue a Trust Receipt to Local Government in accordance with the requirements of paragraph (f) below. (c) Custodian assumes no responsibility to determine or monitor whether or not any Collateral originally deposited hereunder or Substitute Collateral or additional Collateral hereafter deposited are eligible for deposit under applicable law, rule or regulation or whether the Market Value of the Collateral thereof meets the requirements of any law, rule or regulation applicable to the deposit hereunder. The determination of eligibility and whether the Market Value of the Collateral satisfies statutory or regulatory requirements will be the responsibility of /�s' 1 Bank. Custodian shall be fully protected in relying on Written or Oral Instructions of either Bank or Local Government directing Custodian to release any of the Collateral to Baitk. To the extent of any conflict in the instructions of Local Government and Bank, the instructions of Local Government shall control and Bank shall hold Custodian harmless for acting in accordance with Local Government's instructions. (d) Custodian shall promptly issue a Trust Receipt to Local Government on any Business Day on which Collateral is transferred to and from the Account. For the avoidance of doubt, it is understood and agreed that Trust Receipts may be combined to identify more than one transaction on any one Business Day and Custodian shall not be required to issue more than one Trust Receipt to Local Government on any Business Day. 2. Custody of Collateral (a) Bank and Local Government hereby appoint Custodian as custodian of all Collateral at any time delivered to Custodian pursuant to this Agreement. Custodian hereby accepts appointment as such Custodian and agrees to establish and maintain the Account and appropriate records identifying the Collateral as pledged by Bank to Local Government Collateral in the Account shall be kept separate and apart from the general assets of Custodian on Custodian's books and records. Subject to the terms hereof, Custodian, in performing its duties and responsibilities pursuant to this Agreement, shall act as custodian for, and agent of, Local Government. The parties agree that all securities held in the Account shall be treated as financial assets. For purposes of the Texas Business and Commerce Code, as amended, the security interest granted by Bank in the Collateral for the benefit of Local Government is created, attaches, and is perfected for all purposes under Texas law from the time Custodian receives Collateral for deposit or credit to the Account and and issues a Trust Receipt to Local Government for such Collateral. The security interest of Local Government in the Collateral and all Proceeds thereof shall terminate upon the transfer of such Collateral or Proceeds from the Account. (b) The Bank and Local Government agree that Collateral delivered to the Custodian for deposit in or credit to the Account may be in the form of credits to the accounts of Custodian at the Book -Entry System or a Depository or by delivery to the Custodian of physical certificates in a form suitable for transfer or with an assignment in blank to the Local Government or Custodian. The Bank and Local Government hereby authorize the Custodian on a continuous and ongoing basis to deposit in the Book -Entry System and/or the Depositories all Collateral that may be deposited therein and to utilize the Book -Entry System and/or Depositories and the receipt and delivery of physical securities or any combination thereof in connection with its performance hereunder. Collateral credited to the Account and deposited in the Book -Entry System or Depositories or other financial intermediiries will be represented in accounts of The Bank of New York that include only assets held by The Bank of New York for its customers, and including but not limited to accounts in which The Bank of New York acts in a fiduciary, agency or representative capacity. Collateral that is not held in the Book -Entry System, Depositories or through another financial intermediary will be held in the Custodian's vault and physically segregated from securities and other non -cash property belonging to the Custodian. (c)(i) Upon the initial and each subsequent deposit of Collateral and Proceeds into the Account (including but not limited to any deposit of Collateral as part of an Approved Substitution), Custodian shall promptly provide Local Government with a Trust Receipt. Additional customized Account statements may be available upon mutual agreement of Local Government and Custodian. (ii) Local Government agrees that it shall promptly review all Trust Receipts and Account statements delivered to it by Custodian and shall promptly advise Custodian by Oral Instruction or Written Instruction of any error, omission or inaccuracy in such statements. In the event that Custodian receives such an Oral Instruction or Written instruction identifying -a " specific concern with respect to a suspected error, failure -or- omission.. with. respect_ to the Account, Custodian shall undertake to correct any errors, failures or omissions, provided that Custodian determines in its sole discretion that such error, failure or omission actually occurred and shall notify Local Government of its action concerning each such error, failure, or omission. (d) The Account shall not be subject to any security interest, lien or any right of set -off by Custodian. (e) With respect to all Collateral held in the Account, Custodian by itself, or through the use of the Book -Entry System or the appropriate Depository, shall, unless otherwise instructed to the contrary by Bank: (i) collect all income and other payments reflecting interest and principal on the Collateral in the Account and credit such amounts to the account of Bank; (ii) forward to Bank copies of all information or documents that it may receive from an issuer of Collateral which, in the opinion of Custodian, is intended for the beneficial owner of the Collateral including, without limitation all proxies and other authorizations properly executed and all proxy statements, notices and reports; (iii) execute, as Custodian, any certificates of ownership, affidavits, declarations or other certificates under any lax laws now or hereafter in effect in connection with the collection of bond and note coupons; (iv) hold directly, or through the Book -Entry System or Depository, all rights issued with respect to any Collateral held by Custodian hereunder, and (v) upon receipt of Written Instructions from Bank, Custodian will exchange Collateral held hereunder for other securities and/or cash in connection with (A) any conversion privilege, reorganization, recapitalization, redemption in kind, consolidation, tender offer or exchange offer, or (B) any exercise, subscription, purchase or other similar rights. (f) Custodian agrees to file reports with the of Public Accounts of the State of Texas (the "Comptroller ") regarding the Collateral pledged to secure the Uninsured Deposits of Local Government hereunder, as and when required by the Comptroller, 3. Events of Default In the event Bank shall fail to pay Local Government any amount of the Uninsured Deposits by Local Government covered by this Agreement in accordance with the terms of such Deposit, or should Bank fail or suspend active operations, the Uninsured Deposits in such Bank shall become due and payable immediately and Local Government shall have the right to unilaterally demand delivery of all the Collateral in the Account by Written Instructions to Custodian and to sell such securities at public or private sale. In the event of such sale, Local Government, after deducting all legal expenses and other costs, including reasonable attorneys fees, from the proceeds of such sate, shall apply the remainder towards any one or more of the liabilities of Bank to Local Government and shall return the surplus, if any, to Bank. 4. Representation and Warranties (a) Representations of Bank Bank represents and warrants, which representations and warranties shall be deemed to be continuing, that: (f) this Agreement has been legally and validly entered into, does not and will not violate any statute or regulation applicable to it and is enforceable against Bank in accordance with its terms; (ii) it is the legal and actual owner, free and clear of all liens and claims, of all the Collateral pledged pursuant to this Agreement; (iii) this Agreement was executed by an officer of Bank who was authorized by Bank's board of directors to do so and will at all times be maintained as an official record of Bank; (iv) all Collateral held by Custodian hereunder are eligible to secure Local Government's deposits at Bank under applicable statutes or regulations and the Market Value of the Collateral held by Custodian hereunder at all times meet the requirements of such statutes - _orregu]ihotis• - -- _ -_- - -- _- (v) Bank is a bank or trust company duly authorized to do business in the state where it is located; / t1r /9' (vi) all acts, conditions and things required to exist, happen or to be performed on its part precedent to and in the execution and delivery of this Agreement exist or have happened or have been performed. (b) Representations of Local Government. Local Government hereby represents and warrants, which representations and warranties shall be deemed to be continuing, that: (i) this Agreement has been legally and validly entered into, does not and will not violate any statute or regulation applicable to it and is enforceable against Local Government in accordance with its terms; (ii) the appointment of Custodian has been duly authorized by Local Government and this Agreement was executed by an officer of Local Government duly authorized to do so; (iii) it will not transfer, assign its interests in or the rights with respect to any Collateral pledged pursuant to this Agreement, except as authorized pursuant to Section 3 of the Agreement; (iv) all acts, conditions and things required to exist, happen or to be performed on its part precedent to and in the execution and delivery of this Agreement exist or have happened or have been performed. 5. Concerning Custodian (a) Custodian shall not be liable for any loss or damage, including counsel fees, resulting from its action or omission to act or otherwise, except for any loss or damage arising out of its own negligence or willful misconduct, and shall have no obligation hereunder for any loss or damage, including counsel fees, which are sustained or incurred by reason of any action or inaction by the Book -Entry System or any Depository. In no event shall Custodian be liable to Local Government, Bank or any third party for special, indirect or consequential damages, or lost profits or loss of business, arising in connection with this Agreement: Custodian may, with respect to questions of law, apply for and obtain the advice and opinion of counsel and shall be fully protected with respect to anything done or omitted by it in good faith and conformity with such advice or opinion. Local Government and Bank agree, jointly and severally, to indemnify Custodian and to hold it harmless against any and all costs, expenses, damages, liabilities or claims, including reasonable fees and expenses of counsel, which Custodian may sustain or incur or which may be asserted against Custodian by reason of or as a result of any action taken or omitted by Custodian in connection with operating under this Agreement, except those costs, expenses, damages, liabilities or claims arising out of the negligence or willful misconduct of Custodian or any of its employees or duly appointed agents. This indemnity shall be a continuing obligation of Local Government and Bank notwithstanding the termination of this Agreement. (b) Custodian shall not be responsible for, or considered to be custodian of, any Collateral received by it for deposit in the Account until Custodian actually receives and collects such Collateral directly or by the final crediting of Custodian's account on the books of the Book -Entry System or the appropriate Depository. Custodian will be entitled to reverse any credits made on Local Government's behalf where such credits have been previously made and the Collateral are not finally collected. _ (c) Custodian shall have no duties or responsibilities whatsoever except such duties and responsibilities as are specifrcally set foith in this Agreement and no covenant or obligation shall be impliedagainsl - Custodian in connection with this Agreement. (d) Local Government's and Bank's authorized officers and, if permitted by law, representatives of the Comptroller, upon reasonable notice, shall each have access to Custodian's books and records maintained with respect to Local Government's and Bank's respective interests in the Account during Custodian's normal business hours. Upon the reasonable request of Local Government, Bank or the Comptroller when applicable law permits, /V 1Z /0 copies of any such books and records shall be provided by Custodian to the requesting partys authorized officer at the requesting party s expense. (e) In performing hereunder, Custodian may enter into subcontracts, agreements and understandings with third parties whenever and on such terms and conditions as it deems necessary or appropriate. If any of such subcontracts, agreements, or understandings with third parties are for the deposit of Collateral for the benefit of Local Government, (i) such third party will qualify as a "permitted histitution" pursuant to the Texas Public Funds Collateral Act, (ii) Custodian shall cause such third party to provide records to Custodian evidencing the deposit of Collateral with such third party, and (iii) records of the third party relating to such Collateral will at all times state the name of Custodian. No such subcontract, agreement or understanding shall discharge Custodian from its obligations hereunder. (f) Reliance on Pricing Services. If Custodian, as an accommodation to Bank or the Local Government, agrees to provide information concerning Market Values, Custodian is authorized to utilize any generally recognized pricing information service (including brokers and dealers of securities) in order to provide Market Values hereunder, and Bank and Local Government agree that Custodian shall not be liable for any loss, damage, expense, liability or claim (including auomeys' fees) incurred as a result of errors or omissions of any such pricing information service, broker or dealer. (g) Force Ma' . Custodian shall not be responsible or liable for any failure or delay in the performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, epidemics, riots, loss or malfunctions of utilities, computer (hardware or software) or communications service, labor disputes,. acts of civil or military authority, or governmental, judicial or regulatory action; provided however, that Custodian shall use its best efforts to resume normal performance as soon as practicable under the circumstances. 6. Termination Any of the parties hereto may terminate this Agreement by giving to the other parties a notice in writing specifying the date of such termination, which shall be the earlier of (i) not less than 90 days after the date of giving such notice or (ii) the date on which the Deposits are repaid in full. Such notice shall not affect or terminate Local GovernmenPs security interest in the Collateral in the Account. Upon termination hereof, Custodian shall follow such reasonable Written Instructions of Bank and Local Government concerning the transfer of custody of Collateral, collateral records and other items. Upon the date set forth in the termination notice, this Agreement shall terminate except as otherwise provided herein and all obligations of the parties to each other hereunder shall cease. 7. Miscellaneous (a) Local Government and Bank each agree to furnish to Custodian a new Certificate substantially in the form of Exhibit A and Exhibit B, respectively, attached hereto in the event that any present Authorized Person ceases to be an Authorized Person or in the event that any other Authorized Persons are appointed and-authorized. Until such new Certificate is received, Custodian shall be fully protected in acting upon Oral Instructions or Written Instructions or signatures of the present Authorized Persons. (b) Custodian shall be entitled to rely upon any Certificate, Written or Oral Instruction actually received by Custodian and reasonably believed by Custodian to be duly authorized and delivered. Bank and Local — - - '- - = Government- each- agree-to send -to 7 E:lrstodiim' Writen=lnsGndioiis ooiifirrtiing Oial'IhstYUCtions =bythe t osi o - - -._ business of the same day that such Oral Instructions are given to Custodian. Bank and Local Government each agree that the fact that such confirming Written Instructions are not received or that contrary Written Instructions or Oral Instructions are received by Custodian shall in no way affect the validity or enforceability of the transactions previously authorized and effected by Custodian. Vui. _ 18✓~ Pg. �� (c) Any Written Instructions or other instrument in writing authorized or required by this Agreement shall be given to Custodian and shall be sufficiently given if sent to Custodian by regular mail to its offices at c/o The Bank of New York, One Wall Street, 51° Floor New York NY 10286 Attrt John Vinci Vice President, or at such other place as Custodian may from time to time designate in writing. (d) Any notice or other instrument in writing authorized or required by this grecment to be given to Bank shall be sufficiently gi en�if�sent to Bank by regular mail to its offices al J/l i this r i f -17 E40 —2.,or at such other place as Bank may from time to time design le in wiJing. (e) Any notice or other instrument in writing, authorized or required by this Agreement to be given to Local Government shall be sufficiently given f sent to Local Governmee? by regular ptail to its offices at 300 �'a�o 3' n2/. /1,(rw .i<-t `� /� l7i �ci._,. .. /.��.,v y7.f�d 1. at such other offices as Local Government may from time to time designate in writig (f) In case any provision in or obligation under this Agreement shall be invalid illegal or unenforceable in any jurisdiction, the validity, legality and unenforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. (g) This Agreement may not be amended or modified in any manner except by written agreement executed by all of the parties hereto. (h) This Agreement shall extend to and be binding upon the parties hereto, and their respective successors and assigns; provided however, that this Agreement shall not be assignable by any party without the written consent of the other parties. (i) This Agreement shall be construed in accordance with the substantive laws of the Slate of Texas, without regard to conflicts of laws principles thereof. In connection with any dispute arising hereunder, Bank, Local Government and Custodian hereby consent to the non - exclusive jurisdiction of a state or federal court situated in the county in the State of Texas in which Local Government maintains its principal office. Bank, Local Government and Custodian hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that such proceeding brought in such a court has been brought in an inconvenient forum. Bank, Local Government and Custodian each hereby irrevocably waives any and all rights to trial by jury in any legal proceeding arising out of or relating to this Agreement. 9. Waiver of Immunity. To the extent that in any jurisdiction any party may now or hereafter be entitled to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, each party irrevocably agrees, to the extent permitted by law, not to claim, and it hereby waives, such immunity in connection with this Agreement. 8. Definitions Whenever used in this Agreement, the following terms shall have the following meanings: (a) "Account" shall mean the custodial account established with Custodian for the benefit of Local - - -- Government as secured party: in accords= with this Agreement.- _ -- (b) "Authorized Person" shall be any officer of Local Government or Bank, as the case may be, duty authorized to give Oral Instructions or Written Instructions on behalf of Local Government or Bank, such persons to be designated in a Certificate substantially in the form of Exhibit "A" for Local Government or Exhibit 'B" for Bank attached hereto as such exhibits may be amended from time to time. (c) "Approved Substitution" shall have the meaning set forth in paragraph (e) of Section lof this Agreement. (d) "Book -Entry System" shall mean the Federal ReservelTreasury Book -Entry System for receiving and delivering U.S. Government securities. (e) "Business Day" shall mean any day on which Custodian and Bank are open for Business and on which the Book -Entry System and/or the Depositories are open for business. (f) "Certificate" shall mean the Certificate of Authorized Persons attached hereto as Exhibit "A" or Exhibit "B ". (g) "Comptroller" shall have the meaning set forth in paragraph (d) of Section 5 of this Agreement. (g) "Depository" shall include the Depository Trust Company and any other securities depository and clearing agency (and their successors and nominees) registered with the Securities and Exchange Commission or otherwise regulated by appropriate federal or slate agencies as a securities depository or clearing agency. (h) "Deposits" shall mean all deposits by Local Government in Bank that are available for all uses generally permitted by Bank to Local Government for actually and finally collected funds under Bank's account agreement or policies- 0) "Market Value" shall mean, with respect to any Security held in the Account, the market value of such Security as made available to Custodian by a generally recognized source selected by Custodian plus, if not reflected in the market value, any accrued interest thereon, or, if such source does not make available a market value, the market value shall be as determined by Custodian in its sole discretion based on information furnished to Custodian by one or more brokers or dealers; provided however that, if agreed in writing by the parties hereto, Bank may provide Custodian with such Market Values. Q) "Nationally Recognized Statistical Rating Organization" shall mean Moody's, Standard and Poor's, Fitch, Duff and Phelps, BankWatch and MCA. (k) "Oral Instructions" shall mean verbal instructions actually received by Custodian from an Authorized Person or from a person reasonably believed by Custodian to be an Authorized Person. (1) "Substitute Collateral" shall have the meaning set forth in paragraph b of Section 1 of this Agreement. (m) "Trust Receipt" shall mean evidence of receipt, identification, and recording, including a written or electronically transmitted advice or confirmation of transaction or statement of account. Each advice of confirmation of transaction shall identify the Collateral which is the subject of the transaction and slate the Market Value thereof. Statements of account shall identify all Collateral in the Account, the Aggregate Margin Value thereof, and the applicable Collateral Requirement. (n) "Uninsured Deposits" shall mean that portion of Local Government's Deposits with Bank which exceeds the insurance coverage available from the Federal Deposit Insurance Corporation. _. .......,.._.. ,(o)___ . "Written Instructions" shall mean written communications actually received by Custodian from -an.. Authorized Person or from a person reasonably believed by Custodian to be an Authorized Person by a computer, telex, telecopier or any other system whereby the receiver of such communications is able to verify by codes or otherwise with a reasonable degree of certainly the identity of the sender of such communication. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized and their respective seals to be hereunto affixed, as of the day and year first above written. CITIBANK TEXAS, N.A. [LOCAL 'OVERNMENTI By: By: Title: F5 n J t o Title: CieTcz mmycondep4.do (5/09/05) THE.BANk OF NEW YORK TRUST COMPANY, N.A. By: Title: ENRY . CU611' l We president I EXHIBIT B CERTIFICATE OF AUTHORIZED PERSONS (Local Government - Oral and Written Instructions) The undersigned hereby certifies that he/she is the duly elected and acting C-Q tr.&4 )�qe of �Y'n�l]4 ntty� '�e�Yn� — (the "Local Government "), and further certifies that the roll wing officers or employees of Local Government have been duly authorized in conformity with Local Government's to deliver Oral and Written Instructions to The Bank of New York Trust Company, N.A. ( "Custodian ") pursuant to the Third Party Custodian Agreement between Local Government, Citibank Texas, N.A. ( "Bank ") and Custodian dated and that the signatures appearing opposite their names are true and correct: Name Titie Idnature Term h k� e r rev Name Titl Signature Name Title Signature Name Title Signature Name Title Signature Title Name Signature Title Name Signature Title Name Signature Title Signature Name This certificate supersedes any certificate of authorized individua s you n current/ have on file. [seal] Title: ADS C�OU'�r TABLE OF CONTENTS DESCRIPTION I A131-IF OF CON-f FINTS EAECUTIVE SUMMARY &- OFFFR RCQf,II-sT FOR PROPOSAL Ri:spomNF & Ar)m--,.m)A A DEI,0SrroRYC0NTRACF C - SUPPLIES AND SHRIVICEFE17, SCHMULE 1) -- SPECIAL SERVICES E -' (NVI:.SI*MI'N*rS, RATES & COLLATERAL F 0`11f1-R, SFRvI(TN ( NICL. A'FI ACHMEN i's 4-12) rorn (d l — MFR(HAN I SINVICFS FIVF (5)-- QK-UNNE HANM\C (CITIBUSINESS 0XI-INE) Six 0) - A; IrOkMrm-'J'rL.I.hR MACHINES %EvF.k M - P091 rivi. PAY r.jt-,HT (a)-l'OrKom WORK) I I:N (10) - ARMORFD ('0UNIkk Sk-It Vl' '6i El. EVEN ( 11) - SHWICE . CREDIT CARD CH ARQU 4 T\vt P.vE (12) - A01311 ION AL PRODUC IS -ACII DFAIT BUX'KSXII.rERS -PAYEF. 1"All IVE PAY -(*t)N,r;tcxj.r-j) J)pk.HL! Rsj,.MLN F -Z.1.110-13ALA?Ov6 ACCLAM'S -RI-IMMECIM-K DF.Hymi G. PRO FORMA ATTACHMENTS TWO (2) - SAMPLE 01' COLLA I FRALI, f U-DFK)Nj'i RFTORI 1"I IRr.r..' 13)- FINANCIAL CONDITION io,4 oF BANK RJ:410K rs PAGE, The information contained in We pcaposal is oomer'denual end is intended solely fos ilia use of the Bunions County rCvevvy) and its employees. This n1brimation inAy not be diselmdowsule.fth.C...,y and shell not be duplicstd• used, " disclosed ut whole or in part for any purpose other Shan to ctiluati, Nis proposal. RFP # 2013-12 Page 2 Vol. Fig. -7 Executive Summary & Offer BRAKYSCOUNFIT MRS. LAURA DAVIS AND COUN —COnIMISSIONERS It has truiv been a pleasure to work with everyone affiliated with the County. From our annual reviews to our discussions surrounding the protection and fiduciary responsibilities toward financial management, the Countv has been and will continue to be a valued customer of Citibank and in particular, my staff and I. It is with great pleasure to present our proposal to maintain our depository relationship with the County. We highly value the County's relationship and will do what it takes to maintain it. Summary: + Continued highly reduced standard transaction fees •? Continued highly reduced cash management product fees (ACH Origination, Positive Pay, etc) + -509/, Earnings Credit Rate to offset any or all cash management fees fi .25% Floor interest rate for excess balances 0% Reserve Requirement - maximizing account balances } Maintain expedited funds availability Citi at Work program for County employees Sole provider for Purchasing Card Program through the State of'rexas As you know, Citibank acquired our predecessor in 2005 (First American Bank, 5.SB) and ever since has focused a tremendous amount of energy and financial support to our community and various organizations. Citibank and its employees have given over $2.000,000 in support to various charitable organizations since the acquisition and will continue to support our community far into the future. The County will continue to have access to our local public fund staff that serves all of our public fund clients statewide. Our staff includes Sarah Kelso, 8 years with Citi and lifelong resident, Samantha Mumford,11 vears with Citi and lifelong resident and Donnie Fowler, 14 Years with Citi and 19 year resident). Again, we appreciate the opportunity to continue this relationship and should you have any questions regarding this proposal or would like to coordinate a meeting please contact Texas Public funds Relationship Manager, Donnie Fowler at (979) 691-22759, by email Donnie.FowlerUCiti.coln or in writing at 2717 Texas Ave South, College Station,'rX 778411. This proposal is valid for the duration of the contract. Sincerely, Donnie Fowler, SVP ,rexas Public Fund Relationship .Manager RFP # 2013 -12 Page 3 Vol. _l 8J Fig. l KEY PERSONNEL CONTACT I ORNIATION 0().NNIF F(1INIIA MMAI Ft: D RHA I ILASI 1111)IANMXR 2717 I'I;N:\SAVI'.Nt:l:','(IL'l I I L 01.1.F.(;FVI,A rION, ('s 77840 (979)691-21551 DONNW, I I.0010 SA.\IA','f'f iAML%irou) SF VKV ., R - OFFICIZA 2717 1 F.W; AVI-M;Fsot: ri i COLLEGE S1 ATION, Vx 77840 (979)691-2759 SAMANTHAAARAIFORI 'I I*I.C().\f ELGHN17"SONN)" LYU:S V1,/;ks'SOCIA I'1: (',I.Nf-AAI. CCIUVIELI DIRF(TOR 1001 M-51 VILLAMAKIA BRYAN, TX 77801 (979)823-8323 I SAWAI i Ki , i.,A 717'1 VXAS A VINL F'4 X I I I S 1'.\ I Im, I x 778-10 (979)266-4161 SARA! LKII-SOf/M.-D LCOM A%I) SIMONI'ALIA BRAM Ii 1660HRIARCRI51 I;Rl\;F nNf,\ N, I-x 17801. (979)320-6920 AMYA-MON'�ALMOCI I LCOM Strength'. gth. T ier I Capital Ratio according to Basel requirements — I RFP 8 2013-12 Page 4 REQUEST FOR PROPOSAL COUNTY DEPOSITORY CONTRACT FOR PUBLIC FUNDS AND REGISTRY RFP # 2013 -12 DUE DATE: Thursday, June 13, 2013 At 2:00 p.m. C.S.T. Brazos County Administration Building 200 S. Texas Ave., Ste. 352 Bryan, TX 77803 (979) 361 -4292 RFP # 2013 -12 Page S Vol. ._ /BSS Pg. d _. TABLE OF CONTENTS Introduction............................. ......................................................................... ............................... 3 Definitions, Terms and Conditions .................................................................. .............1................. 3 SpecialProvisions ................................................................... ..............................5 Qualification Requirements ..................................................... ..............................6 EvaluationFactors ............................................................... ..............................6 Proposal Requirements ......................................................... ..............................6 Specifications............................ ............................... . .................. . ....................6 ProposalPacket ..................................................................... ..............................9 Certification /Authorization/Acknowledgment Form ........................................ ..............................9 EXHIBITS Depository Contract (I Page) ............................................. I ........................... .. .... Exhibit A DepositoryPledge(I Page) ........................... ............................... ........................Exhibit B Supplies and Service Fee Schedule (4 Pages) ............................ ............................... Exhibit C Special Services (1 Page) ............................. ............................... ........................Exhibit D Investments, Rates and Collateral (1 Page) ......... ............................... ........................Exhibit E OtherServices ........................................... ............................... ........................Exhibit F Proforma................................................ ............................... ........................Exhibit G County Investment Policy ............................ ............................... ........................Exhibit H Collateral Market Value ............................... ............................... ........................Exhibit I ProformaBalances ..................................... ............................... ........................Exhibit 1 Sample Account Activity .............................. ............................... ........................Exhibit K Tentative Timeline Release RFP First Advertisement Second Advertisement Question Deadline Proposal Deadline Anficipated Award Friday, May 3, 2013 Friday, May 3, 2013 Friday, May 10. 2013 Thursday,, May - 30.2073 at 5:001p,m. CST.. _ Thursday, June 13, 2013 at 2:00 p.m. CST July 31, 2013 RFP # 2013 -12 Page 6 Request for Proposals "RFP" are solicited for Brazos County's depository for the Official County funds, including all trust funds, for a term of four years for the period beginning September 1, 2013, through August 31, 2017. As Brazos County has chosen to pursue a four year contract, the contract shall allow for a negotiation of new interest rates and financial terms that will take effect during the final two years of the four year contract. On expiration of the contract, the contract may be renewed for two years under terms negotiated by the Commissioners' Court. A. TERMS AND CONDITIONS The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to the Brazos County Purchasing Department, unless otherwise specified elsewhere in this proposal request. All Offerors are required to be informed of these Terns and Conditions, and those of Brazos County, and will be held responsible for having done so: Definitions: In order to simplify the language throughout this proposal, the following definitions shall apply: a. BRAZOS COUNTY - The government of Brazos County, Texas, and its authorized representatives. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas, given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and /or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Offeror(s) of this proposal request. e. COUNTY - Same as Brazos County, I. OFFEROR — The bank or firm submitting a proposal in response to this RFP. g. REVIEW COMMITTEE — A committee appointed by Commissioners Court to review and evaluate proposals. 1. Upon acceptance and approval by the Commissioners' Court, this proposal effects a working contract between Brazos County and the selected Offeror for the period designated. 2 The County reserves the right to accept or reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. 3. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential Offeror. Only written specifications and written price quotations will be considered. 4. Braids- County reserves the right to reject any proposal that does not fully respond to each specified item. 5. Offeror must include Employer / Tax Identification Number. ANSWER: 13- 5266470 RFP q 2013 -12 Page 7 /gr P9. �2 6. Should there be a change in ownership or management of the selected offeror, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with as present provisions and prices. This contract is nontransferable. 7. Although the cost of services to be provided is an essential part of the Proposal, Brazos County is not obligated to award a contract on the sole basis of cost. 8. Proposals must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the Offeror. Firm name and authorized signature shall appear in each space provided. 9. In the event of a needed change in the specifications sent to Offerors, it is understood that all the foregoing terms shall apply to the addendum or addenda. The addendum shall be posted to the Online Bidding System at http: //brazosbid.cstx.gov /. 10. It is our policy not to furnish proposal results over the phone. Proposal results will be posted on the Online Bidding System. 11. With the exception of interviews and other contacts initiated by Brazos County relevant to the selection process, Offerors, their employees or representatives are prohibited from contacting any official or employee of Brazos County, except the Purchasing Agent, in regard to this RFP. Any such contact will be grounds for rejection of the Offerors proposal. . 12. Proposals must be received by the Purchasing Department prior to the date and time specified. Late proposals will not be accepted for any reason. Proposals will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a proposal be considered it submitted to any other person or department other than specifically instructed Purchasing Department. 13. The County may cancel this contract at any time for any reason, provided that a thirty day written notice is given. 14. It is the intent and purpose of Brazos County to solicit competitive responses through the RFP to a single source. Such notification must be submitted in writing and must be received by the Brazos County Purchasing Department no later than five (5) business days prior to the Proposal opening date. A review of such notification will be made. 15. This RFP process shall adhere to Texas Local Government Code, Chapters 116, 117, and 262. All firms deemed to be qualified will be given fair and equal consideration, and discussions may be conducted with these entities. For the purpose of obtaining best and final offers, the proposals may be revised before awarding the contract. Oral negotiations shall be confirmed in writing prior to contract award. However, the contract may be awarded without presentations and conferences. B. SPECIAL PROVISIONS 1. Questions and inquiries about this RFP should be submitted in writing via the Q&A feature available - through the- Online - Bidding - System at- http7 / /brazosbidcstxgovl -. The deadline for submitting written requests for clarification is Thursday, May 30, 2013 at 5:00 p.m. Central Standard Time. 2. Fill out this RFP completely and return it along with nine paper copies, and one electronic copy with the information contained on a single compact disc in an envelope /package clearly marked RFP # 2013.12 Page 8 /�4f� pg.� "Request for Proposal No. 2013 -12" to the Brazos County Purchasing Office, Attn: Charles Wendt, Brazos County Administration Building, 200 South Texas Ave., Suite 352, Bryan, TX 77803. 3. There is no expressed or implied obligation for Brazos County to reimburse responding service providers for any expenses incurred in preparing proposals in response to this RFP and Brazos County will not reimburse responding Offerors for any expenses. 4. During the evaluation process, Brazos County reserves the right, when in the best interest of the County, to request additional information or clarification from Offerors. 5. Information contained in individual proposals will not be available to competitive bidders at the public opening. Brazos County will make every effort to protect the confidentiality of the Offers during and after the bidding process. however, all Offers are alerted that the County is a political subdivision of the State of Texas and is subject to the laws requiring the disclosure and availability of public documents (Texas Public Information Act). 6. The award of the contract shall be made to the responsible Offeror whose proposal is determined to be the most responsible offer resulting from evaluations and negotiations, taking into consideration the relative importance of designated factors set forth in this request for proposal. a. Negotiations may be conducted with responsible Offerors who submit proposals that are determined by the Review Committee to be reasonably acceptable. Oral negotiations must be confirmed in writing prior to contract award. The contract may be awarded without negotiation of proposals. b. Quantities indicated in the Proposal are estimates based upon historic information. c. Your response to this proposal should be clear and concise addressing all requirements listed and any other factors not specifically mentioned which would be advantageous to Brazos County. 7. One or more banks may be selected by the County as a depository or subdepository. If the County does contract with more than one depository, the Commissioners' Court shall by order name one of the depositories to act as a clearinghouse for the others. All County orders for payment are finally payable at the depository named as the clearinghouse. C. QUALIFICATION REQUIREMENTS Ability to provide sufficient collateral as security for County deposits ranging from $80,000,000 to 5120,000,000. (See Exhibit E, 3.0 COLLATERAL and Exhibit 1). D. EVALUATION FACTORS: Banks that qualify per section C will be evaluated as follows: 1. Ability to meet Service Requirements (20) 2. Net Rate of Return (20) 3. Cost of Services (20) 4. Available Cash management products (20) 5. References (10) 6.- Completeness of Response (10) RFP N 2013.12 Page 9 E. PROPOSAL REQUIREMENTS: By returning the Proposal worksheet, Offeror acknowledges that it understands the most recent, updated version of the Civil Statutes of Texas pertaining to the managing and safekeeping of county funds, and Offeror agrees to comply with those statutes and all laws pertaining to this RFP. 2. The proposal must be accompanied by a certified check or cashier's check for at least one -half percent of the County's revenue for the preceding year ($559,142.00). This check is a good -faith guarantee on the part of the Offeror that if accepted as a County depository it will execute the bond required under Chapter 116 of the Local Government Code. If the bank selected as depository does not provide the bond, the County shall retain the amount of the check as liquidated damages. 3. The proposal must be accompanied by a list of references who are public entities in Texas (preferably in Brazos County) for whom Bank is the current Depository. (Section G, #7) SPECIFICATIONS: The following will serve as the specifications for the proposals. Proposals can be submitted on the following forms or the Offeror's letterhead with clearly titled responses assembled in the requested form /order. The Depository Pledge Agreement shall specifically include ALL County Accounts including Trust Accounts held by the County Clerk, District Clerk, County Attorney, District Attorney, Community Supervision, Juvenile Services, County Sheriffs Office, Justices of the Peace, Health District, Housing Finance Corporation and Tax Assessor- Collector. 2. The successful Offeror will be required to execute the attached contracts labeled Exhibit A and Exhibit B. ANSWER: Pertaining to the Exhibit B - Depository Pledge Contract, Citibank will NOT require the County to re- execute the existing agreement. In substitution of the County's requirements in Section VIII, Exhibit A - Depository Contract and Section XIV, Exhibit B - Depository Pledge Contract, Citibank, N.A. will provide a Certificate of Incumbency indicating the standing By -Laws pertaining to the Execution of Agreements which was duly authorized by the Board of Directors of the bank. 3. All Offerors are required to complete Exhibit C, Exhibit D, Exhibit E, and Exhibit F for tabulation purposes. 4. All Offerors are required to complete Exhibit G, Bank Proforma Analysis. When completed, the analysis should completely detail the procedure(s) /formula(s) used to determine the payment due to Brazos County or the net service charge for Brazos County for the month described in the model guidelines. 5. The successful Offeror will keep the County's deposit records and accounts for the period covered by this proposal and MUST prepare and provide the following: a. A daily maintenance report on all accounts maintained by the County is required. This report must include the balance in the County's Operating Account and the total balance of all other County Accounts. [Balances associated with Certificates of Deposit or Time Deposits purchased by the County Clerk and/or the District Clerk are not to be included in this report since they are covered by a separate Contract with the Offices of the County Clerk and District Clerk.] This report should include daily activity on fund balances, ledger balances, and detail debits and credits. RFP 4 2013 -12 Page 10 ANSWER: The County will continue to have access to CitiBusiness Online, however see Attachment 5 for details on this robust cash management product. b. Monthly statements showing debits, credits, and balances of each separate account are required. Statements are to be submitted to the Treasurer's Office no later than the 10'" of each month. ANSWER: Statements are made available via CitiBusiness Online the 2id business day of the month and mailed the same. Account Analysis statements are provided by the 6'" business day of the month via CitiBusiness Online and mailed the same (see Attachment 1 for an example statement). C. A CD or equivalent electronic medium of canceled checks to be used to clear checks from the County's electronic file is required and is to be submitted to the Treasurer's Office no later than the 10' of each month. ANSWER: The County will continue to have access to this CD product. d. A copy of the Offeror's fiscal- year -end audit report must be submitted to Commissioners Court annually, prior to the anniversary date of the awarded contract. ANSWER: Our Annual Reports may be found at the following link and is provided in the enclosed CDROM (Attachment 3): http;/Iwww.citioroup.com/citi/investor/cluarterly/2012/arllc en.pdf ?ieNocache =205 e. Other reports and records that may, from time to time, be required by the County in order to properly discharge the duties of Offeror as provided by law. ANSWER: We will promptly handle as requested. 6. If the quality of optical copies of canceled checks is not satisfactory, successful Offeror will sort and return in numerical order the canceled checks for the following Brazos County Accounts: County Operating Account (which includes payroll, accounts payable and jury checks), Restitution Account(s), Sheriffs Inmate Trust Account, and Tax Office Accounts. ANSWER: The County will have access to view checks via CitiBusiness Online including a new feature whereby checks can be viewed and printed in multiple image fashion. This new feature will be rolled out nationally in stages throughout 2013. The successful Offeror will furnish on a monthly basis an analysis of accounts maintained by the County. Applicant must provide a sample account analysis report listing all items and service charges that are included in the account analysis process. A sample report must be submitted with a cover sheet labeled as follows: - ATTACHMENT ONE (1) SAMPLE ACCOUNT ANALYSIS REPORT ANSWER: The current County account analysis statement will continue to be provided. RFP # 2013 -12 Page 11 /Ss' a6 8. The Offeror will provide a detailed monthly collateral -to- deposit report. The report shall contain security descriptions, par value /current face and current market value. To compensate for increases or decreases in County deposits and fluctuations of market value of pledged collateral, the minimum market value of collateral will be 110% of County deposits. The release and /or substitution of collateral must be approved by the County prior to the release /substitution. A written report confirming release /substitution is required. A sample report must be submitted as a separate document with a cover sheet labeled as follows: ATTACHMENT TWO (2) SAMPLE OF COLLATERAL -TO- DEPOSIT REPORT ANSWER: The County will continue to have access to this report via INFORM, the Bank of New York Mellon's online system as well as weekly mailed hard copies direct from BONY Mellon. S. The account interest earned by the County on a monthly basis will be calculated at the end of each month using the contracted method for calculating interest (based on information contained in Exhibits C through G). The total amount earned will be delivered to the County Treasurer in the form of a check(s) or directly deposited into the County's Operating Account by the 15" working day of the following month. Interest earned by accounts held by the District and County Clerk shall be calculated daily and deposited into each account on the first day of every month, Payment will be supported with a schedule of interest earned and service fees charges by account. If the earnings credit is less than the total service charge, an invoice for the amount of the net deficiency will be presented to the County Treasurer. ANSWER: As it is currently, the County, should a net deficiency occur, will be automatically debited when the account analysis statements are made available. Interest payments to the County on excess balances will continue to be automatically posted to your account on the 6th or 70 business day of the month. Citibank is offering the following: .50% Earnings. Credit Rate .25% Floor Interest Rate for Excess Balances All types and line item pricing will remain highly reduced at the same price a. The Offeror is advised that not all of the County's funds are permitted to earn interest and the County views these as compensatory balances. ANSWER: Agreed b. The County Clerk and District Clerk accounts are required to calculate interest daily. ANSWER: Agreed 10. The Offeror will designate an Officer of the Offeror who will be responsible for attending to inquiries, requests for services, and daily activities regarding the management of County accounts. RFP tf 2013.12 Page 12 zr a 2 ANSWER: The County will continue to receive priority responses to Inquiries through our team below. The County also has access to our San Antonio service team for cash management inquiries (800.285.1709 Option 2). DONNIE FOWLER SARAH KELSO SVP, TEXAS PUOLIC FUND RELATIONSHIP MGR SERVICE OFFICER 2717 TEXAS AVENUE SOUTH 2717 TEXAS AVENUE SOUTH COLLEGE STATION, TX 77840 COLLEGE STATION, TX 777840 (979)691 -2759 (979)260 -4363 DONNIE. FOWLER(CDCITI.COM SARAH.KELSO(CCITI.COM SAMANTHA MUMFORD SERVICE OFFICER 2717 TEXAS AVENUE SOUTH COLLEGE STATION, TX 77840 (979)691 -2759 SAMANTHA A MUMFORDnCITI.COM 11. For any time deposits made by Brazos County, there shall be no penalty for the early withdrawal of funds. Reasonable attempts wig be made to match the expected withdrawal dates with the maturity of the time deposits, but the County. reserves the right to withdraw funds prior to the maturity date with no penalty or interest deductions. ANSWER: Agreed 12. Funds currently Invested in time deposits will be moved to the awarded financial institution upon their maturity or at the discretion of the County. 13. Some of the accounts managed by the District Clerk are in individual's names, not in the name of Brazos County. The bank will be required to issue 1099's to these individuals per IRS requirements. ANSWER: Agreed 14. Brazos County reserves the right to make investments outside the Depository Bank in accordance with the Laws of the State of Texas and the County Investment Policy or as the result of an order of a court. 15. Brazos County requires that the awarded financial institution provide all equipment and services to process credit and debit card payments (merchant services) made to Brazos County. In addition to the answers provided below, additional information has been provided in Attachment 4. a. All payments made to Brazos County by credit card, debit card or echeck, in the form of fees, fines, taxes or otherwise, will be charged a percentage of the transaction to cover all fees associated with cost to handle the card payment by the bank. All transactions will be charged the same percentage regardless of the size of the transaction. Brazos County will not pay the transaction fee. The fee shall be charged to the cardholder as a convenience fee. ANSWER: First Data utilizes "a 'third party- vendor -when working with a convenience fee processing model. The current contract between Citibank and First Data prohibits First Data from using any third party vendor to assist in convenience fee processing. The fees (Interchange pass thru and 15 basis points) can be deducted either daily or at end of month from the bank account (s) designated by the County. RFP k 2013 -12 Page 13 8s Ad' b. The financial institution shall provide service and equipment to handle online, telephone and .point of sale' (POS) transactions. There are an estimated 40 POS machines required. The County may increase or decrease this number at any time at no cost. ANSWER: We will support the County with all hardware/software needs. We also support a number of integrated POS devices and POS applications. A complete Integrated Payment Solutions Certified Listing is available at: http:1fwwwfirstdatacom1en us/ first - data- partnerslpos- payment- application - partners First Data offers a full range of POS terminals and peripherals, both proprietary and through our hardware partners. First Data Line of Terminals • FD55 —An economical point -of -sale terminal that enables you to accept virtually every payment option. This space- saving device is compatible with many standard peripheral devices, including the FD -10, the PP1000SE, and the PP1000SE with contactless capabilities. With the addition of optional equipment, the FD55 can also accept paper or electronic checks. • FD1DOTi —This point -of -sale (POS) terminal is the work horse of the suite and delivers high quality transaction processing. By using newer technologies, it provides a safe, secure Internet Protocol (IP)Idial -up platform. It is compatible with many standard peripherals; all of this performance provides maximum versatility at an affordable price. • FD200Ti —A check reader /imager and POS terminal in one compact unit for all types of payments. It is perfect for any business that processes a significant amount of checks, as well as other payment options. • FD300Ti —The all -in -one terminal solution for locations with multiple "businesses" or "merchants ". it provides simultaneous, single - terminal support for multiple merchants and payment types. • FD40OGT —The First Data FD40OGT wireless terminals allow on- the -go merchants to process electronic payments at every location their business takes them. It is light- weight and easy to use while offering performance and dependability in a small package. The First Data FD40OGT terminal also positions merchants for the arrival of EMV and the ability to accept contactless transactions. The first ever true wireless terminal downloads in the industry through either the AT &T GPRS or Sprint CDMA wireless networks. Complete diagnostic application simplifies support and installation. • FD35 PIN pad —This is an advanced peripheral device that supports PIN -based debit transactions and traditional card swipes, contactless payments, Europay, MasterCarde, Visa"' (EMV), and Near Field Communication (NFC). It is a consumer - facing device that helps improve payment security, since the cardholder retains possession of card. It also meets current and future compliance requirements and handles a high volume of small- ticket transactions. • First Data Mobile PAYs"—A device that plugs into the audio jack of your smart phone, enabling you to securely swipe your customer's credit card (browser -based version also available). We also provide a variety of point -of -sale (POS) peripherals, such as PIN pads and contactless readers. We will work with the County to determine which product(s) best meets your needs. RFP # 2013 -12 Page 14 / X5 c. Different transactions for different departments will be required to be handled differently depending on the department's requirements. This can include depositing money into separate accounts, reprinting of receipts, special reconciling requirements, and other procedures as necessary. ANSWER: The County determines the settlement deposit accounts and we can deposit to your institution(s) of choice. As part of the implementation process, established procedures are set with your organization and your internal hierarchy is reviewed. With your input and approval, we design a hierarchy structure on our system that allows you the flexibility needed especially for reporting. Reporting within the ClientLine* online reporting solution supports multiple hierarchical levels, including Master chain, Chain, Merchant, and Location. Many of these levels enable you to view reporting at the highest level and drill down to the lower levels as needed, all the way down to the merchant location level. Additionally, features such as the Group Builder enable you to create additional groups of merchants based on your own specifications for which reports can be created. Therefore, you can add an infinite number of layers. We work with you to define a reporting hierarchy or "roll up" to ensure appropriate data mapping, aggregation, and security, Your assigned Service Executive will be able to complete adjustments to your hierarchy as requested. RFP # 2013 -12 Page 1S /Y.rpg 20 G. PROPOSALPACKET Proposal packet shall include the following: 1. Completed, signed RFP J 2. Completed, signed Depository Contract (Exhibit A) — ANSWER: Not required to be signed at the time of proposal submission. 3. Completed, signed Depository Pledge (Exhibit B) J ANSWER: Not required to be signed at the time of proposal submission. 4. Completed Supplies and Service Fee Schedule (Exhibit C) J 5. Completed Special Services (Exhibit D) �- 6. Completed Investments, Rates & Collateral (Exhibit E) J 7. Completed Other Services (Exhibit F) J a. Attachments 4 -12 if applicable J 8. Completed Proforma (Exhibit G) J 9. Sample Account Analysis Report (Attachment 1) J 10. A Sample of Collateral -to- Deposit Report (Attachment 2) J 11. Financial Condition of Bank Reports (Attachments 3 a, b, c) a. The Offeror's most recent audited, consolidated balance sheet J b. The Offeror's most recent fiscal year end audit report with financial footnotes J c. The Offeror's last three quarterly Uniform Bank Performance reports J d. The Offeror's last three Call Reports J ANSWER: Submitted in Attachment 3 via CDROM. Hard copies of Call Report Schedules RI and RC are also in Attachment 3. 12. Certified check or cashier's check # 330327276 in the amount of $559,142 (five hundred fifty -nine thousand, one hundred forty -two dollars) J H. CERTIFICATION OF PROPOSAL: 1. The undersigned affirms that they are duly authorized to execute the attached contracts, that this proposal has not been prepared in collusion with any other Offeror, and that the contents of this proposal have not been communicated to any other Offeror prior to the official opening of this proposal. 2. BANK is capable of providing sufficient collateral of the type permitted by the Public Funds Collateral Act (Exhibit I: Chapter 2257) to secure County funds on deposit (varies from $80,000,000.00 to $120,000,000.00). Circle One: YES NO 3. The undersigned affirms that Citibank N.A. Bank meets the requirements of LGC 116.001(1) and, at the date of this application, has paid up capital stock in the amount of $ 2,592,000,000 and permanent surplus of $ 186,457,000,000 RFP If 2013 -12 Page 16 4. The following reports are included in the submittal: ATTACHMENT THREE (3) FINANCIAL CONDITION OF BANK REPORTS AS OF (DATE) a.The audited, consolidated balance sheet b.A copy of the Offeror's most recent fiscal - year -end audit report with financial footnotes; c. A copy of the Offeror's last three quarterly Uniform Bank Performance Reports; and d.A copy of the Offeror's last three Call Reports, ANSWER: Please see Attachment 3 for our Credit Ratings and Schedule RI and RCs from our Call Reports. The full reports, as allowed by the County, are provided in the CDROM. 5. Attached hereto is our certified check or cashiers check number 330327276 in the amount of five hundred fifty -nine thousand, one hundred forty -two dollars ($559,142), (which represents approximately one -half percent of the revenues of Brazos County for the year 2012), payable to the Commissioners' Court of Brazos County, Texas. If this proposal for the Depository of all County funds is accepted, said check will be used to secure the performance of said proposal, and if Offeror fails to enter into a contract with the County as provided in the proposal, then said check shall be retained by the County as liquidated damages for said failure. In the event this proposal is not accepted, this check is to be returned to the Offeror immediately after the Contract is completed. 6. Offeror has the capability of providing an on -line PC communication link to the County for routine banking activities. Circle one: YES NO 7. State the dollar amount, if any, that the Offeror will be willing to provide for expenses incurred due to changing depository banks. (For example; checks, deposit slips, endorsement stamps, etc.) NIA however we will continue to incur the cost for deposit slip orders. 8. List references of public entities in Texas (preferably in Brazos County) for whom Offeror is the current Depository: ANSWER: Establishing a charter in 1812 Citibank has a long history of providing financial services to public entitles. The first notable occurring in 1814 when City Bank, as known then, lent the federal government $200,000 to help it meet interest and amortization payments on its debt as the war of 1812 winded down. Ever since then Citibank has continued to find value in serving the public sector. Fast forward to the acquisition of First American Bank, SSB in 2005 Citibank has continued to strongly support public entitles with products and local personalized service striving to conservatively grow our public funds portfolio. As indicated during the Q &A session only 6 are required. An exhaustive list of Texas Public Fund Clients will be provided upon request. RFP # 2013 -12 Page 17 Vol _�.� Pg. Entity Name Address Entltv Name Address Contact Phone Email Contact Contact Phone Contact Email B.V C.O G. r B V.A.H.0 3991 E. 29th St. Bryan Tom Wilkinson 595.2800 1 Wilkinson ybvco .c City of B anrB an Texas Utilities 205 East 28th St. Bryan Joe He wood 209.5081 'h w abryantx , rul Bryan Housing Authordy 1306 Beck St Br, an Ressina Hall 322.2013 br h au sudderdinkmail.rcm Bryan Independent School District 101 North Texas Ave, Bryan Ainy Drozd 209 -1009 am d br anistl.or City of College Station N C1 Texas Ave, College Station Jeff Kursten 764.3745 kurslen csfz. ov College Station Independent School District 1812 Welsh, College Station Debra Parks 764.5409 1 d arks csi d.or 9. The Officer of the Bank who will be assigned the responsibility for attending to inquiries, requests for services, and daily activities regarding the management of County accounts will be: Donnie Fowler Name Senior Vice President Texas Public Fund Relationship Manager Title The undersigned affirms that they are duly authorized to execute this Submittal, that this Submittal has not been prepared in collusion with any other Architect, and that the contents of this Submittal have not been communicated to any other Architect prior to the official opening. Signed Title: Senior Vice President Texas Public Fund Relationship Manager Typed Name: Donnie Fowler Company Name: Citibank N.A. Phone No: (979)691 -2759 FAX No: (978)764 -8694 E -mail Address: Donnie Fowler(MCiti com Mailing Address: 2717 Texas Avenue South Colleoe Station Texas 77845 P. O. Box or Street City State Zip EmployerlTax Identification Number: 13- 5266470 CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF PROPOSAL REQUEST NO. 2013 -12 By signing below, Brazos County agrees that this RFP 2013 -12 will be awarded to the vendor whose name appears above and both parties agree to the terms and conditions contained herein. By: Brazos County Commissioner's Attest: Brazos County C RFP # 2013 -12 Page 18 VC), _i 8s' Pc, 33 Brazos County Purchasing Department 200 S. TX. AVE., STE 352 BRYAN, TX 77803 PHONE (979) 361 -4292 FAX (979) 3614293 Addendum #1 to 2013 -12 County Depository Contract Issued: May 24, 2013 Change: Clarifications Reason: Vendor Questions The processes addressed in these answers represent our current operations, but Brazos County will entertain alternatives presented by the offerors. All alternatives must be marked as such. Our 3 call reports = 229 pages. 9 copies of these rprts = 2,061 pages and that doesn't include the bid response itself. Are there specific schedules within these rprls that can be printed out to minimize the vastness of our responses? Can you verify this with the Treasurer? - Page 5, Section B, #2 should be amended to include these reports on a separate CDROM and marked as Attachments 3 a, b, c. This supersedes the previous answer 2. How do you currently receive information on credit card chargebacks? - These reports are faxed from the credit card processor. 3. Do you accept credit card payments by phone? How are these transactions processed? If using a credit card terminal, what is the make and model of the terminal? if using softwarelgateway, please provide the name of the software and the version. Yes. The credit card processor takes the credit card information by phone and the next day, deposits the payment (minus the convenience fee) into the County's "Credit Card Account ". 4. If you use credit card terminals, do they connect through an analog line or Ethernet? They are connected through an Ethernet cable. 5. Provide the make, model and number of credit card terminals, printers, pin pads and check imagers that you currently use. The credit card terminals at the Tax Office are Verifone Omni 5700. We anticipate moving over the new vendor's product at the completion of the current contract if not sooner. All equipment should be provided to the County at no charge to the County. 6. Do you currently charge a convenience fee'? Does this fee vary or is it consistent for all payment types? - A convenience fee is charged for each credit card transaction by the credit card processor. This fee varies depending on the processor. For the purposes of this RFP, Brazos County would like to have one convenience fee, as a percentage of the transaction, for all credit card payment types. Do you currently pay merchant fees on credit card transactions? - Brazos County does not currently pay merchant fees on the transactions and will continue to require the card holders to pay any transaction costs via convenience fee, directly to the processor. 8. Who currently provides your merchant processing services? Do you use the same processor for "card present" and "card not present" transactions? If no, please list the merchant services provider for both. - Gov Pay, Official Payments, Chase, and the State Pay Website. Different processors are currently used for different methods of payment. Please see the information attached as "Addendum ##1 ". 9. Please list the departments that currently accept cards. For what product or services are these departments accepting cards. Indicate if card payments are accepted "in person ", over the internet and/or over the phone. How many departments currently do NOT accept cards? - Please see Addendum 41. 10. If merchant statements cannot be provided, please provide the following for departments that do currently accept cards: estimated annual volume of MasterCard, Visa and Discover (excluding AMEX); annual number of transactions; average ticket S size; - Please see Addendum #1. 11. Who currently provides your merchant processing services? Do you use the same processor for "card present" and "card not present" transactions? If no, please list the merchant services provider for both. - Please see Addendum #1. 12. Per Exhibit 1 — there are 4 accounts designated as credit card accounts. Please provide 3 consecutive months of detailed merchant statements for all card transactions on each account. - We do not receive merchant statements currently. These 4 accounts are clearing accounts. 8✓ Pg.___ j� 13. Section 5.4 of the County's Investment Policy states that all County funds are to be collateralized at 102 %. The RFP and Depository Pledge Agreement state 110 %. Please clarify. - Invested funds are collateralized at 102% and funds held in bank accounts are collateralized at 110°/x. The funds addressed in this RFP should be collateralized at 1100/0, 14. Does the County currently have or use a Commercial credit card for travel or procurement (i.e. Purchasing or Procurement card)? If yes, please provide total annual $ spend/usage and number of cards issued. - The County has 28 commercial credit cards with a 51,000 limit, one with a $5,000 limit and one with a $6,000 limit; that can only be used within the limits of our policy, primarily travel related expenses. We also have three cards with a combined limit of S150,000 that are used only for declared emergencies. We do not have the annual spend for these cards readily available as they are paid off monthly. Brazos County does not use procurement cards at this time. 15. Is the County currently using Lockbox Services? - No, but the County would like to investigate these services further. Please include information in Attachment 12 "Additional Products ". 16. Does the County currently have an onsite ATM already? If yes: What are the contractual obligations? What is the location of the current ATM? Are there other on site branding opportunities? - The County has one at the Administration building, one at the Courthouse, one at the Tax Office, one at JP Precinct 3, one at JP Precinct I and one at the Expo Center. Brazos County may want to expand the number of ATM's in the future. The contractual obligations and possible branding can be discussed or negotiated in the contract. 17. Exhibit E: Section 1.23: Are these accounts for individuals? Are the accounts opened under the individual's SSN or the County's TIN? - Both. The County Clerk's funds are held under the County's TIN and the majority of the District Clerk's funds are held under individual SSN's. 18. Exhibit E: Section 1.2.2 - Please clarify term "pooled account," Are you referring to Zero Balance Accounts (ZBA)? If yes, please specify how many accounts are ZBA. if not, please explain in more detail (or illustrate) the structure requested. - This is not a "ZBA". A pooled account is our operating account in which 15 different departments deposit into this one account. 19. On Page 8 Item #9 A &B: States that certain accounts are not permitted to earn interest. Please specify which accounts listed on Exhibit J are interest - bearing or non - interest bearing. �. pg. �� Non- interest bearing accounts include JP Trust accounts, credit card accounts, seizure pending, bail bond collateral trust, County Attorney check collection, District Clerk Registry Account and County Clerk registry account. All of these accounts are used in a collective balance for eaming credit rate and to offset charges on analysis. 20. On Page 7: Item# 5 c: Refers to a CD of canceled checks to "clear checks from county's electronic file." Does this refer to CDROM or Account Reconciliation? - CDROM 21. On Exhibit J -Sample account activity; Under Account Reconciliation — please clarify "Tape Output ". Is the county receiving a tape, CD or electronic transmission to upload items into account software for account reconciliation? - The County utilizes electronic transmission and printed bank statements for reconciling. 22. Are outgoing wires initiated online? If yes, how many accounts use online wire services? Are the wires repetitive (i.e. sent to same recipient, but possibly for different amounts)? - Outgoing wires are initiated online for operating and G/O debt accounts. Yes the wires can be repetitive and for different amounts. Credit Card Transaction information Total Type of # of Transactions Amount for Department Tranaction Per Year the Year Tax Office -Taxes Gov Pay 1,403 $753,772.43 Tax Office - Taxes Official Payments 707 $2,660,661.35 Tax office - Taxes Cash /Check 67,512 $253,961,785.13 iar._e Total 69,622 $257,376,218.91 Tax Office - Motor Vehicle Gov Pay 14,254 $1,621,206.85 Tax Office - Motor Vehicle State Pay Website 14,921 $958,232.81 Tax Office - Motor Vehicle Cash /Check 138,118 $31,314,852.18 Total 167,293 $33,894,291.84 Sheriff's Office Gov Pay Sheriffs office Cash /Check ^,t" Total 0 $0.00 Exposition Center Official Payments 6 $5,529.32 Exposition Center Cash /Check 1,192 $694,470.68 *x— Total 1,198 $700,000.00 Brazos Center Official Payments 20 $5,794.73 Brazos Center Cash /Check 518 $204,000.00 .>f Nuffam Total 538 $209,794.73 Justice of the Peace Pct. 1 Official Payments 786 $211,368.85 Justice of the Peace Pct. 1 cash /Check 6,352 $1,002,041.67 MMERWO Total 7,138 $1,213,410.52 Justice of the Peace Pct. 2 -1 Official Payments 132 $36,487.60 Justice of the Peace Pct. 2 -1 Cash /Check 3,350 $480,104.60 MENHEEMM Total 3,482 $516,592.20 Justice of the Peace Pct, 2 -2 Official Payments 152 $36,753.10 Justice of the Peace Pct. 2 -2 Cash /Check 3,244 $466,068,25 Total 3,396 $502,821.35 t'_�= Justice of the Peace Pct. 3 Official Payments 43 $11,513.50 Justice of the Peace Pct. 3 Cash /Check 3,004 $513,371.55 Total 3,047 $524,885.05 Justice of the Peace Pct. 4 Official Payments 227 $44,055.95 Justice of the Peace Pct,4 Cash /Check 2,791 $360,661.25 MENEIREM Total 3,018 $404,717.20 Collections Official Payments Unknown $380,688.73 Collections Cash/Check Unknown $2,880,081.56 Total 22,699 $3,260,770.29 District Clerk Official Payments Unknown Unknown District Clerk Cash /Check Unknown Unknown &Pg._ Total # of Transactions Official Payments 2,073 Gov Pay 15,657 Cash /Check 253,430 'This information contains history estimates and is not a guarantee of future quantities. �,f'� Pg. _,� $764,795.00 $ 2,490,832.93 $2,490,832.93 $365,833.43 $365,833.43 $3,012,164.40 $2,374,979.28 $291,488,188.24 Q&A The deadline for asking questions has passed. Question: How many references are to be provided? Answer: Please use the spaces provided in section H, #B. No more than six should be provided. question: What Is the size, total dollar value, of the county's current safekeeping portfolio? Answer: The County has approximately $2.3 million invested with TexPool. Question: Follow up on Addendum #1 - Question #5: Do you currently own, rent or lease the Omni 5700 terminals? How many do you have? Answer: There are approximately 15 of the terminals at the Tax Office. These are provided for our use by the vendor at no charge. The cost of any equipment for processing credit cards should be included in the convenience fee that is charged to the County's customer. Question: Follow up on Addendum #1- Question #B: Why does the county currently use 4 different merchant processors? Answer: Prior to this solicitation, each department or elected official has individually selected their own vendor. With this solicitation, the County is attempting to bring all of the credit card processing under the umbrella of one vendor. Question: Follow up on ACH payments: Are the State and Federal ACH Payments transmitted via an ACH file originated by the County or does the County provide the information (via a website or other method including: amount, account# & routing #) to State /Federal agencies who then debit the County's accounts? Answer: Both forms of ACH payment and ACH debit are being used. Question: Follow up on ATM services. Who is current ATM provider? Does the county have a current contract in place w /current ATM provider? If yes, when does current contract end or expire? Answer: American Momentum Bank is the current provider. The current ATM machine can be replaced upon the award of the new depository contract. Question: On average, how many EDI items does the county receive each month? Answer: We are unable to answer this accurately because we are currently charged a flat fee. Question: Other than Direct Deposit, is the County initiating other ACH transactions such as Vendor Payments or Cash Concentration? If so, please Indicate the type of ACH transaction and account using this service (other than payroll for direct deposit). Answer: We are not handling vendor payments via ACH but are Interested in exploring in the future. Most State and Federal payments are handled via ACH. Question: Do any accounts currently have ACH Block or Filter service for electronic /ACH fraud prevention? If so, please clarify how many accounts have ACH Block and how many accounts have ACH Filter. Answer: Our Inmate Trust account has a block and the Operating account has a filter. Question: Is the County currently using Positive Pay services? If yes: How many accounts use this service? Approx. how many items per month? Is Positive Pay is used in conjunction with Account Reconciliation services? If yes — on how many accounts? Answer: Not at this time. Question: Does the County utilize night drop when making deposits? Is the County open to using night drop for deposits? Answer: Deposits are made during banking hours. Night drops are not utilized or requested. Question: How many county departments are making the deposit ticket deposits? Please specify the number of monthly deposits per department. Answer: The deposits vary depending on many variables. There are approximately 10 to 30 deposit slips per day completed. Question: What is the total dollar amount of the County's safekeeping portfolio? What kind of assets are held and the average number of transactions per month? Answer., Please restate your questions or clarify. Question: How many of the deposit tickets (number of deposits) are mixed cash and check, check only, and cash only? Answer: The majority of the deposits are mixed, cash and checks. Question: How many County employees receive their payroll disbursement via direct deposit (ACH) and how many County employees receive their payroll disbursement via check? We would like percentages and the specific number of employees. Answer: Approximately 938 employees receive ACH and approximately 7S receive checks. question: Regarding your Merchant Card processing, can you please provide the following information: annual volume, average transaction size, maximum transaction size, or a sample monthly statement? Answer: Many of the departments do not have this capability yet, so we could not provide accurate data. Question; Can you provide sample copies of monthly analysis statements showing activity levels? Answer: This is provided as Exhibit K "Sample Activity for County Accounts ". Question: Do you require printed copies of the Bank's financial reports, or are links to reporting web sites acceptable? Answer: These should be Included as a printed copy as "Attachment Three ". Question: Regarding P. 10 of the RFP, Section H, #4, will the County accept online links to these reports? Answer: Please see the previous answer. Question: For clarification, on page 9, Section G, #s 2 & 3 of the RFP, do the corresponding documents have to be executed by the bank at the time of bid submission? Answer: They do not have to be executed and turned in with the submission. These are provided as examples of what the successful offeror will be required to approve and sign. Question: Can the County list the bid documents and exhibits in Word format (RFP, Exhibits D, E, F) and in Excel format (Exhibits C, G)? Answer: All requested documents in Word or Excel have been posted as an addendum. Any modifications to the County's terms, conditions or specifications are prohibited. Any exceptions should be noted in a separate attachment. B� Pig . T/- EXHIBIT A DEPOSITORY CONTRACT THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written by and between BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR ", and a banking association, organized under the haws of the United States and authorized by law to do banking business in Brazos County, Texas, and now conducting such business in said Brazos County, Texas, hereinafter called "BANK ". DEPOSITOR, through action of its Commissioners Court, hereby designates BANK as a depository for the period beginning September 1, 2013, through August 31, 2017, for a term of four (4) years. This contract is to cover all accounts owned by the County and all funds held in trust by the DEPOSITOR and placed on deposit with BANK. At the end of this four -year contract, BANK agrees to a 90 -day extension if necessary to provide time for contract negotiations and a transition period. BANK's application for Depository Contract, including Request for Proposal, all exhibits, attachments, and addenda thereto, is incorporated and made part of this contract for all purposes; however, to the extent that any provision therein conflicts with any provision herein, this Depository Contract will control. DEPOSITOR reserves the right to make external investments in accordance with the laws of the State Of Texas and the Investment Policy of DEPOSITOR without the assistance of BANK. IV. DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. In the event funds for a time deposit are withdrawn from a transaction or savings account at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR's account from which funds were withdrawn to establish the time deposit. Interest shall be calculated at the rate which BANK has proposed for the particular denomination and time period of said deposit at competitive public offering for said deposits (see Exhibit E attached). Time deposit maturities will not extend beyond the termination of this Agreement without the expressed consent of the BANK. V. Account interest due to the DEPOSITOR or payment for services due to the BANK, if earnings against which BANK fees may be offset are insufficient, will be calculated and settled monthly based on the information in Exhibits C. D, E, F, and G. Depository Contract Page I of �00 VI. BANK shall execute a County Depository Pledge Contract with DEPOSITOR In the time and manner as provided by law and the same shall be attached as Exhibit B and incorporated herein for all purposes. VII. All notices, demands, or other writings may be delivered by any party hereto to the other, by United States Mail or other reliable courier at the following addresses: DEPOSITOR: Duane Peters, County Judge Brazos County, Texas 200 South Texas Ave. Ste. 332 Bryan, Texas 77803 COUNTY TREASURER: Laura Davis Brazos County, Texas 200 South Texas Ave. Ste. 240 Bryan, Texas 77803 TRUSTEE: BANK: The address to which any notice, demand, or other writing may be delivered to any parry as above provided may be changed by written notice given by such party to the other two parties as above provided. OJO The BANK shall deliver to the Commissioners Court on the dale of execution hereof a Certified Corporate Resolution of its Board of Directors approving this contract and the execution thereof. The BANK shall deliver to Commissioners Court on the dale of execution hereof a Certified Corporate Resolution of its Board of Directors indicating the authority of an individual(s) to pledge collateral on behalf of the BANK. IX. Either DEPOSITOR or BANK, with just cause, shall have the right to terminate this agreement prior to the expiration date by providing advanced written notice to the other party of its election to do so, and this agreement shall be void from and after the expiration of ninety (90) days after the receipt of such notice, provided all provisions of this agreement have been fulfilled. Depository Contract Page 2 of 4 X. This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning the subject matter of this contract or arising out of the violation or application of any law governing the subject matter of this agreement (including but not limited to LGC 116, LGC 117, and the Public Funds Collateral Act, 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. Depository Contract, Brazos County Request for Proposal No. 2013 -12 and BANK's response to RFP No. 2013 -12, and the County Depository Pledge Contract represent the enfire agreement between the parties and supersedes any and all representation or agreement, both oral or written, not therein reflected. If any conflicts or inconsistencies shall arise among the terms of this agreement, Proposal No. 2013 -12, and BANK's response to said Proposal, the terms of this Contract and Depository Pledge Contract shall control, then the terms of Proposal No. 2013 -12 and then the Response. EXECUTED this day of duly authorized officers of the parties hereto. FOR FOR BRAZOS COUNTY: 2013, by the undersigned (Title) (Date) (Title) (Signature) (Date) Depository Contract Page 3 of 4 pg BANK: THE STATE OFT EXAS § COUNTY OF BRAZOS § BEFORE ME, on this day personally appeared of BANK, known to me the person whose name Is subscribed to the forgoing Instrument, and acknowledged to me that he/she executed the same as the act and deed of the BANK a corporation, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of 2013. Notary Public, State of Texas Printed Name: Commission Expires: THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, on this day personally appeared of BRAZOS COUNTY, TEXAS known to me the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he executed the same as the act and deed of the BRAZOS COUNTY, TEXAS, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of 2013. Printed Name: Commission Expires: Dcpository Contract Notary Public, State of Texas Page 4 of 4 �S� . Pg../ _. EXHIBIT B DEPOSITORY PLEDGE CONTRACT This COUNTY DEPOSITORY PLEDGE CONTRACT is made and entered into on the date herein written by and between BRAZOS COUNTY, hereinafter called "DEPOSITOR," and Bank, having an address at hereinafter called "BANK." All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as provided for in the Public Funds Collateral Act (Vernon's Texas Codes Annotated, Chapter 2257). The minimum market value of collateral securing County deposits shall be 110 %. The pledge of Eligible Collateral by the Bank shall be in addition to, and shall in no way eliminate or diminish any insurance coverage to which the Depositor may be entitled under the rules and regulations of the Federal Deposit Insurance Corporation or any private insurance carried by the Bank for the purpose of protecting the claims and rights of its depositors. The Commissioners Court of Brazos County has the authority to reject any collateral offered by BANK which is not deemed to be allowed under the Public Funds Collateral Act or which is deemed to be of high security risk. To perfect the security interest of DEPOSITOR in the collateral pledged by BANK, the Bank of herein referred to as "TRUSTEE; with approval of Commissioners Court, will hold the Collateral in a custody account for the benefit of DEPOSITOR. 1V. BANK has heretofore or will immediately hereafter deliver to TRUSTEE collateral of the kind and character as authorized in the Public Funds Collateral Act of sufficient amount and market value to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as herein provided for, will be kept and retained by TRUSTEE in trust so long as the depository relationship between DEPOSITOR and BANK shall exist hereunder, and thereafter so long as deposits made by DEPOSITOR with'BANK hereunder, or any portion thereof, shall have not been properly paid out by BANK to DEPOSITOR or on its order. Upon the initial transfer of Collateral under this Contract and monthly thereafter, BANK and TRUSTEE shall be required to submit a written report to DEPOSITOR detailing the type and current market value of the collateral being held for the benefit of the DEPOSITOR. V. Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully drawn against any deposit and the interest on such deposits, or in case BANK becomes insolvent Depository Pledge Contract Pagel of5 /B� pq -- or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK, and BANK shall have three (3) business days to cure such failure, insolvency or breach. In the event that BANK shall fail to cure such failure, insolvency or breach within three (3) business days, it shall be the duty of TRUSTEE, upon demand of DEPOSITOR, to surrender to the Commissioners Court in and for the DEPOSITOR the collateral being held by the TRUSTEE upon receipt of a certificate whereby the DEPOSITOR certifies that BANK has failed to perform its obligations under this contract, has otherwise breached this contract or has become insolvent. The BANK agrees and hereby instructs the TRUSTEE that a copy of this agreement attached to the certificate(s) shall serve as the BANK's consent and approval for the DEPOSITOR to sell and/or convert all or any part of the collateral to the use of the DEPOSITOR. The BANK agrees and is bound to provide any other approvals or consents the TRUSTEE may require in order to release the collateral for DEPOSITOR's use. The parties further agree that the DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction In the event that the BANK does not comply with this provision or in the event the TRUSTEE refuses to surrender the collateral to the Commissioners Court, with all costs and attorneys fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of any and every kind incurred by It on account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold. to Any sale of such collateral, or any part thereof, made by DEPOSITOR hereunder may be either at public or private sale; provided, it shall give both TRUSTEE and BANK ten (10) days notice of the time and place where such sale shall take place, and such sale shall be to the highest Offeror there for cash. DEPOSITOR and BANK shall have the right to proposal at such sale. LN9 If Bank shall desire to sell or otherwise dispose of any one or more of said securities pledged as collateral, it may substitute for any one or more of such securities other securities of the same or greater market value and of the character authorized herein and by the Public Funds Collateral Act with the approval of the Commissioners Court. Such right of substitution shall remain in full force and may be exercised by BANK as often as it may desire; provided, however, that the aggregate market value of collateral pledged hereunder shall be at least 110% of DEPOSITOR's funds on deposit with BANK. A written report detailing the substitute collateral will be delivered to the Office of the County Judge. If at any time the aggregate market value of such collateral becomes less than 110% of the total sum of the DEPOSITOR's funds on deposit with said BANK, BANK shall immediately deposit with TRUSTEE such additional collateral as may be necessary to cause the market value of such collateral to equal the total amount of required collateral. BANK shall be entitled to income on securities held by TRUSTEE unless there is insufficient collateral on deposit with the TRUSTEE to cover the public funds as required by this contract. Approval of the DEPOSITOR will be required in all circumstances and if the collateral deficiency is not seasonably cured and the DEPOSITOR's consent is not given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency. The consent of the DEPOSITOR must be obtained for a security to be released as collateral. Before a security is released from collateral that is to be replaced, the BANK must present to the TRUSTEE the authorized replacement collateral that is being offered, and the TRUSTEE must accept such replacement. Depository Pledgc Contract Page 2 of 5 �J- P9• wu If at any time the collateral in the hands of the TRUSTEE shall have a market value in excess of 110% of the balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the release of a specified amount of collateral by the TRUSTEE. A written report detailing the collateral released will be delivered to the COUNTY JUDGE. IX. When the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR and BANK, and when BANK shall have property paid out all deposits of DEPOSITOR, and, if all obligations under this agreement and applicable law have been fulfilled, the TRUSTEE will be authorized to deliver all collateral being held for the benefit of DEPOSITOR to the BANK. X. This contract is subject to, and incorporates, the current laws governing the relationships between counties, depositories and custodians/trustees and related entities as established by the Texas Local Government Code and the Vernon's Annotated Texas Civil Statutes, and any amendments or revisions thereto. BANK warrants and represents that it shall comply with all applicable laws, rules, and regulations that govern or apply to this contract. BANK further warrants that in the event that it is aware of any violation of applicable laws, rules and regulations, it will bring the event to the attention of the DEPOSITOR immediately and in writing within three (3) business days. 171 This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning the subject matter of this contract or arising out of the violation or application of any law governing the subject matter of this agreement (including but not limited to the Public Funds Collateral Act, 2257) Is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. XII. All notices, demands, or other writings may be delivered by any party hereto to the other, by United States Mail or other reliable courier at the following addresses: DEPOSITOR: Duane Peters, County Judge Brazos County. Texas 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 COUNTY TREASURER: Laura Davis Brazos County, Texas 200 South Texas Ave., Ste. 240 Bryan, Texas 77803 Depository Pledge Contract Page 3 of 5 Vol. pg T� TRUSTEE: BANK: The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. Xlll. BANK represents that the collateral pledged to DEPOSITOR is not otherwise assigned, pledged or encumbered and that no lien, or security interests exist other than the security interest held by the DEPOSITOR pursuant to this agreement. Possession of the collateral by the TRUSTEE is intended as perfection of DEPOSITOR's security interest therein. BANK warrants that the collateral (in the form and amount required by the Public Funds Collateral Act, and by this contract) is held by TRUSTEE for the benefit of DEPOSITOR and as security for DEPOSITOR's funds. XIV. The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its Board of Directors approving this contract and the execution thereof. The approval of the Board of Directors must be reflected in the minutes of that meeting. The BANK shall deliver to Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its Board of Directors indicating the authority of an individual(s) to pledge collateral on behalf of the BANK. EXECUTED this day of duly authorized officers of the parties hereto. FOR (Name) 2013, by the undersigned BANK: (Title) (Signature) (Date) Depository Pledge Conine, Page 4 of S / ate✓ .. FOR BRAZOS COUNTY: (Name) (Tilfe) (Signature) (Date) THE STATE O F TEXAS § COUNTY OF BRAZOS § BEFORE ME, on this day personally appeared of BANK, known to me the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he/she executed the same as the act and deed of the BANK a corporation, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the of 2013. Notary Public, Stale of Texas Printed Name: Commission Expires: THE STATE OF TEXAS § COUNTY OF BRAZOS § BEFORE ME, on this day personally appeared of BRAZOS COUNTY, TEXAS known to me the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he executed the some as the act and deed of the BRAZOS COUNTY, TEXAS, for the purpose and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the Of 2013. Printed Name: Commission Expires: Depository Pledge Contract Page 5 ors Notary Public, State of Texas pg,_ - EXHIBIT C FEE SCHEDULE ' If supplies/services are not available, please indicate NIA in the space provided for FEE 2 41ACCOUNT RECONCILIATION FEE COMMENT 1..0- SUPPLIES., Mdney Order . 1..1 Printed Checks At Cost At cost , __- _ 1 2,Pnnted Deposd Sips $0.00 131Personalized Endorsement Stamp $0.00 Can use existing 1:4 0 Per Lock Bags and Keys $20.00 ;Can use existing _. 1 5 Zipper Non -lock Bags $5.00 Can use existing 1 BiSafe Deposit Box $0.00 +; Creation of Output Tape ,Maintenance Fee 2.O1SERVICE User Fee 2.1 iACCOUNT MAINTENANCE 1 iTransfers between accounts i Monthly maintenance $8.00 1 2.2 ,DEPOSIT SERVICES_ Checks_Paid $0.08 . _.. Deposd Tickets $0.14: . Items Deposited 50.08 Local Clearing non - encoded $0.08 _.. Hiiuston Area Items non - encoded $0_08 Other Fed Districts non - encoded . ,. f _ _ $0.08 Encodr Locai fr9 _ . $0.00 Encoding - Forego $0.00 . .._ 'Currency per strap $0.05 . _._ ... _ Coin per roll $0.05 . 2 41ACCOUNT RECONCILIATION Currency Deposited s0.05 ,per $ 100 Mdney Order $0.00 ;Cashiers.Check ;_. .. $0001 peposited Check Returned Unpaid . $2.50 rStop Payment $12.50 Online Requests (Manual Requests = $301 IOuarterl FDIC assessment i 0.1104!. per $1,000 Avg Coll Sal of Non- interest bearing accounts 0verdraft Fee i $35.00 2.3;ONLINE SERVICES Creation of Output Tape ,Maintenance Fee $40.00 i User Fee $0.00 1 iTransfers between accounts $0.00 J. 2 41ACCOUNT RECONCILIATION Reconciliation - _Monthly Maintenance s10:00 Reconcilation - Items $0.02 Positive Pay- Monthly Maintenance A Positive Pay - Items $0.03 'Positive Pay. Exemption . $0.00 CD ROM 310 :00 CD ROM Imaging Items $0.015 Creation of Output Tape 550.00 Exhibit C Page 1 of 2 vUi.. 2 SiAUTOMATED CLEARING HOUSE ACH batch processed ACH - Items ,Rejected Items 'Returned Items EDI Monthly Service .EDI Report . ACH Credit Received ACH Debit Received 2 8 WIRE TRANSFER ! Wire Transfer -I n comi no (domestic) Wire Transfer-- outgoing (domestic) !Funds Transfer Mail Advice i 3.0mornONAL SERVICESIFEES Remote Capture Monthlly Maintenance { Remote Capture Equipment Large Unk Remote Capture Equipment Smaller Unit i _ :zero Balance Accounts - � LOCKBOX Monthly Maintenance Fee APO Box Rental Item Process (no photocopy) .. Item Process (w/ photocopy) ... -. .. _. !Digitized- Image Wholesale Document . ;Data Entry _Numeric/ keystroke ;Data Entry Alpha Numend keystroke Data Collect Auto Envelope Return No Reassociation _....j � ,•Envelope Retum - Reassociatbrt. - IUnprocessable payment/ document _. 1MeiVCOrrespondence _ Express MaN (Surcharge) Tmad ...i .....:Fax ... ........................ !Cash Processing Data Transmitt Record -pate Transmit/ File - Weekday, _ .. . i Data Transmit/ File - Weekend /Holiday. IAdditionai Reports (Custom Reports Stop File Payment j5ensdrve Document Destruction Additional Check 8 Document Storage lmaae Archive: Correspondence . _ Mac lmage Trans Maint(DIT) Reassociation ;Compact Disc EAR09m! Item Outbound Courier Dispatch EXHIBIT C FEE SCHEDULE FEE COMMENT $5.00 ACH Monthly Maintenance Fee $6 /account $0.06 .ACH Web Module $Oleccount $1.50 $1.50 S ....$0.00. ... _ ..... $50.00 $0.10 $0.10 ; . $5..00. _ .... . $5.00 $2.00 !Email Notifications i $60.00 $899.00.. One time Fee $399. 00 One time Fee A. $150.00 I $0.50 $0.60 . $0.06 r $0.012 $0.015 i I $0.05 $0.08 $0.30 I $0.25 i ! 52.75 $7.5D $10.00 .. $2.00 $0.02 i. $12.00 $50.D0 $55.00. i . .... . $65.00 i $5.00... _ $0.002 $0.002 j.. .. $0.30..... . . .. $550:00. ... .... $0.25 ; $30.00 .-Page RN Pass Thru EXHIBIT D SPECIAL SERVICES 1.o DIRECT PAYROLL DEPOSIT 1.1 Set up fee 1.3 Monthly Charge 1.4 Transmission Charge 1.5 Each Record /File 1.5 Reversal Charge 1.7 Discuss the process for transmitting data from Brazos County to the Bank ?. Via CitiBusiness Online or through Direct Transmission. This process will remain the same as it currently is. 1.8 Will the direct deposit originate at the local bank or a secondary location? If secondary. where? Secondary location - utilize a New York routing number. 1.9 Is there a support contact available for technical problems? Explain. Yes. You may reach our San Antonio service team at 800.285.1709 or your local contacts, Donnie Fowler and Sarah Kelso. 1.10 Will the Bank provide a free checking account for County employees who utilize direct deposit? Yes. This program is called Citi At Work. See Attachment 9 for additional information. 1.11 State the delivery requirements for deposits to be posted to employee accounts by Friday morning? We suggest the County have all ACH batches uploaded and approved two days prior to the effective date should any issues arise. However, the County will have the ability to upload ACH batches by 7:15CST for next day delivery. 1.12 Additional information regarding Direct Payroll Deposit: The process will remain the same for the County to execute these transactions. Exhibit D Page 1 of 2 FEE No Charge $5.00 $5.00 $0.06 $10. DO EXHIBIT D SPECIAL SERVICES 2.0 REPORTS (please make comments in space provided) If not available, please indicate NIA in the FEE column. If no charge, please indicate in the FEE column. 2.1 Daily Account Balances (section 7.5.1) 2.1.1 Operating Account 2.1.2 Total Balance of Other Accounts 2.1.3 How will this report be delivered to the County (online, FAX, e-mail, other)? Via CitiBusiness Online 2.2 Monthly Statement (section 7.5.2) -- discuss method of delivery The County will have access to monthly statements and account analysis statements via CitiBusiness Online as well as hard copies. 23 CD or equivalent medium of Cancelled Checks (section 7.5.3) CDROM is $10 1month and $0.015 per item: 2.4 Account Analysis Report including interest earned or service fee charges (section 7.7) FEE $40.00 No charge No charge No charge $10.00 No charge The County will receive .50% Earnings Credit Rate and a floor of .25% on Excess Balances after fees are met. 2.5 Monthly collateral report (section 7.8) No charge Bank of New York Mellon will continue to provide hard copy reports as well as an inquiry-only online system called INFORM. 2.6 If Bank wishes to make a collateral substitution, how will Brazos County be notified? Through the Bank of New York Mellon, our third party custodian. 2.7 Additional comments regarding reports: The County will continue to have access to multiple report facilities via CitiBusiness Online. Exhibit D Page 2 of 2 Exhibit E 1.0 INVESTMENTS 1.1 All lovealmenta of County monies must be made in accordance with the Brazos County Investment Policy 1.2 INTEREST BEARING CHECKING ACCOUNTS 1.2.1 Please slate a fixed or variable rate for Interest Bearing Checking Accounts Fixed Rate County would earn .50 %ECR and floor of.25% on excess balances to Variable Rate adjust as markets Improve. (explain in detail) Minimum Rate 0.25% Minimum Balance Requi $0.00 1.2.2 If County wishes to create an interest - bearing pooled checking account for the general operating funds of the County (payroll, accounts payable, etc.) with an account analysis separate and apart from the remaining County accounts, would this account earn a higher rate of interest (and thus provide the benefits of a controlled disbursement account without requiring daily County maintenance)? Circle one YES If yes, please state and explain rate: Fixed Rate Variable Rate Same as above Minimum Rate 0.25% Minimum Balance Required $0.00 1.2.3 The District and County Clerk is charged with ascuring the best Interest rate possible for funds being held in the Trust Account. (The balance Is typically about 51,000,000.00). No m1nimum balance guaranteed. Fixed Rate None Variable Rate None Minimum Rate None COMMENTS: The rates forindividual trust accounts are priced at the time of inception. The rates are determined by our retail branch partners (this Is the current process). 1.3 DEPOSITORY BANK CERTIFICATES OF DEPOSITITIME DEPOSITS 1.3.1 Single Maturity deposits of less than $100,000' Maturity Rate 7 - 29 days 0,05% 30 - 89 days 0.05% 90 - 179 days 0.05% 180 - 384 days 0.10% 385 days or more 0.15% 1.4 Source of Treasury Bill Rate 1.3.2 Single Maturity deposits of $100,000 or more: Rate 0.05% 005% 0 05% 0.10% 0.15% Comments: The CO rates presented above reflect current rates and are not based on any publicized race for margin. Rates have consistently remained artificially low based on current market conditions. 1.5 INVESTMENTS OUTSIDE THE DEPOSITORY BANK 1.5.1 The Depository Bank must be able to provide the necessary wire transfer service between Depository and Safe - keeping Bank for outside purchase$ of investment Instruments by Brazos County. All investment purchases shall be made on a Delivery- versus- Peyment basis. FEE NIA If nar avaaable 1.5.1.1 Safe- keeping at the Depository Bank Please explain how this would be acoom dished. Cgibank is working hard on a suitable safekeeping solution. 1.5.1.2 Sate - keeping at a Third -Party Bank. 1.5.2 Money Market Mutual Fund Sweep Accounts Upon request of, and to the extent requested by the County, the Bank for and on behalf of the County, will transferdaily collected balances from the accounts specified by the County to one or more designated money market mutual funds. 1.5.2.1 How will the Bank's administrative fee be structured? Citibank is working hard on a suitable safekeeping solution. 1.5.3 Quarterly Pricing of Securities: There are times at" end of each quarter when securities in the Brazos County investment portfolio must be priced at market value by a third parry. FEE NIA knm avaJable 1.5.3.1 Will the Bank provide this service? Citibank is working hard on a suitable 1.5.31 Who should be contacted to provide the market values? safekeeping solution. 2.0 RATES 2.1 EARNINGS CREDIT RATE (EXPLAIN IN DETAIL) The ECR Of.50% Will be applied to average collected balances. 2.2 INTEREST RATES (EXPLAIN IN DETAIL) 2.2.1 On Checking Accounts We are offering to maintain the current setup of paying Interest on excess balances of.15 °k floor. 2.2.2 On Pooled Account(currenlly 31 amounts in pool) Same as above 2.2.3 On Savings Accounts .10% if separated from accounts 2.3 SWEEP ACCOUNT RATES (Explain In Detail) Our Sweep product does not currently offer suitable Investment- 3.0 COLLATERAL 3.1 All funds on deposit win the selected Bank to the credit of the County shall be woofed by 3.0 collateral as provided for in the Public Funds Collateral Act (see Exhibit J). Commissioners Court has the authority to reject arty security offered by the Bank which is not deemed to be allowed or to be of high security risk. Agreed 3.2 Does Bank have the ability to purchase sufficient collateral to cover the County's deposited funds ranging from $80,000,000 to $120,OD 0007 3.21 Circle one: czES NO 3.2.2 Fee (explain): No Charge 3.3 If the answer to 3.2.1 is NO, please state the amount of security the Bank Would be able to provide: NIA 3.4 Please explain in detail how deposits will be secured: COMMENTS: US Agency securities are applied to the County's end of day combined collected balances at 110% minus FDIC coverage (will remain the same as the current Process). Our third Party custodian Is the Bank of New York Mellon (current custodian). Vol F9. 1` EXHIBIT F OTHER SERVICES Please give information about the following services ONLY if available to the County at this time 1. INCLUDE APPLICABLE FEES if any 11. ATTACH information using a cover sheet with the label given • List all information pertaining to merchant services. Include the convenience fee that will be charged to the customer as a percentage of the transaction. ATTACHMENT FOUR (4) MERCHANT SERVICES • On -line Banking • Automatic Teller Machines • Positive Pay • Lockbox ATTACHMENT FIVE (5) ON -LINE BANKING ATTACHMENT SIX (6) AUTOMATIC TELLER MACHINES ATTACHMENT SEVEN (7) POSITIVE PAY ATTACHMENT EIGHT (8) LOCKBOX • Banking Services for County Employees (account, check cashing, etc.) ATTACHMENT NINE (9) EMPLOYEE SERVICES • Armored Courier Service ATTACHMENT TEN (10) ARMORED COURIER SERVICE ANSWER: This service is not currently provided locally. • Service Visa /Master Card Charges (These credit cards are to be used by County personnel for County purchases such as travel and emergency procurement) ATTACHMENT ELEVEN (11) SERVICE CREDIT CARD CHARGES • List and attach information (including costs) regarding all other available products and services that the bank can provide to Brazos County. ATTACHMENT TWELVE (12) ADDITIONAL PRODUCTS Page 1 of 1 EXHIBIT G PROFORMA 1.0 MODEL GUIDELINES In order to better clarify the cost, earnings credit, and interest rates included in your proposal, please complete the following model. USE THE APPROPRIATE EARNINGS CREDIT RATE AND INTEREST RATE FOR JANUARY 2013 REFLECTING THE RATES QUOTED IN THIS RFP. 2.0 Please complete the Proforma Analysis below using the following data: AVERAGE L C7 D BALANCE (POOL OF 31 ACCOUNTS) TOTAL CHARGES FOR SERVICE ANALYSIS MONTH $90,234,862.78 3 244.11 JANUARY 2013 2.1 Reserve requirement Rate: 0% $0 2.2 Earnings Credit Rate as detailed in Exhibit E 2.1 0.50% 2.3 Balance required to offset service charge: $7,639,349.51 Show how this balance was determined -- state formula: 1 - Balances Required = Gross Analysis Charges X Fee Multiplier 2- Fee Multiplier = (1 /Earnings Credit Rate) I Days in the Month X Days in the Year on your Average Collected Balances $90,234,852.78 Minus: (Reserve Requirement) 0% 0 Balances Eligible for Earnings Credit $90,234,852.78 Earnings Credit Allowance Balances Eligible for Earnings Credit X Earnings Credit Rate (.50 %) / No. of Days in Year (365) X No. of Days in Month (31) = $90,234,852.78 X .50% / 365 X 31 $38,318.91 Balances Required to Offset Service Charge Fee Multiplier = (1 /ECR) / Days in the Month X Days in the Year = (11.50 %) / 31 X 365 $2,354.84 Balances Required = Gross Charges X Fee Multiplier = $3,244.11 X $2.354.84 $7,639,355.81 Balances Available to Support Additional Services Balances Eligible for Earnings Credit minus ( -) Balances Required to Offset Service Charge = $90,234,852.78 - $7,639.355.81 $82,595,496.97 Interest Credit to Your Account Balances Available to Support Add'I services X Interest Rate (floor .25%)1 No. of Days in Year X No. of Days In Month = $82.595,496.97 X.25% / 365 X 31 $17,537.40 2.4.1 State the Interest rate used to determine Interest Payment in 2.4.1 above: If this is not the rate stated in Exhibit E 2.2.2, explain in detail: 0.25% Same / O� .�D Page 1 of 1 9 LexisNexis• P SLGovt RENEW YOUR LEXISNEXIS SUBSCRIPTIONUNDER 9/1/2013 to 8/31/202d THE LEXISNEXIS- COUNCIL ON COMPETITIVE 9/1/2014 to 8/31/201' GOVERNMENT (CCG) MASTER AGREEMENT Thank you for using LexisNexis as your provider of dynamic, up -to -date news, legal and business information. We are dedicated to giving you the cutting edge you need to thrive In today's business environment. Currently you are using the LexisNexis Online Services pursuant to the Office of Court Administration, on behalf of the Judicial Committee on Information Technology (RFO# 212 - 0-130) agreement, but that agreement will expire soon. LexisNexis is party to a Master Contract with the Texas Council on Competitive Government RFO #CCG- CALIR- 2010 -001 (the "CCG Master Agreement "). The CCG Master Agreement was issued on behalf of all state agencies in the State of Texas and requires all state agencies to procure the Online Services under the CCG Master Agreement unless the CCG exempts the purchase in writing. Accordingly, LexisNexis is proposing that you renew your subscription to the LexisNexis Online Services under the terms of the CCG Master Agreement. By signing below, you agree to renew your subscription under the terms of the CCG Master Agreement at the monthly commitment rate indicated below: Customer Name: { BRAZOS COUNTY I Account Number: I 113CTB Renewal Period Monthly Commitment Amount 9/1/2013 to 8/31/202d 935.00 9/1/2014 to 8/31/201' 963.00 9/1/2013 to 8/31/2011 992.00 Current Number of Attorneys/ Judges: Current Number of Other Government Professionals: If you agree with the terms of this renewal letter, please print this letter, provide the Intormation requestea rur use total number of attorneys and judges in your office along with the total of other government professionals then sign and date. Upon completion, return the signed letter amendment to me at the fax number listed above. In order for these changes to be effective on the date listed above, please sign and return this letter amendment no later than the 20th of August. If you do not respond to this letter, please be advised that your current agreement will expire at the end of the current commitment period and you will be charged standard, transactional rates if you continue to use the Online Services. Customer Name: Authorized Signature: Print Name: Title: Date: /_ L i ND: CCG Renewal Letter - June 2013 -2 ID# 4828 -6426 -2932 CAH(JNE):22Ju1y2013 (2013.06 Letter) VOI. LEXISNEXIS- COUNCIL ON COMPETITIVE GOVERNMENT (CCG) MASTER AGREEMENT LISTING OF ADDITIONAL MENUS AND/OR RENEWAL PERIODS Customer Name: I BRAZOS COUNTY I Account Number: 1113CTB ND: CCG Renewal Letter - June 2013 -2 ID* 4828 -6426 -2932 CAH(JNE):22July2013 (2013.06 Letter) Vol. 4,3� Pg. �d LexisNexis- 2 SLGovt RENEW YOUR LEXISNEXIS SUBSCRIPTIONUNDER THE LEXISNEXIS- COUNCIL ON COMPETITIVE GOVERNMENT (CCG) MASTER AGREEMENT Thank you for using LexisNexis as your provider of dynamic, up -to -date news, legal and business information. We are dedicated to giving you the cutting edge you need to thrive in today's business environment. Currently you are using the LexisNexis Online Services pursuant to the Office of Court Administration, on behalf of the Judicial Committee on Information Technology (RFO# 212 -0 -130) agreement, but that agreement will expire soon. LexisNexis is party to a Master Contract with the Texas Council on Competitive Government RFO #CCG- CALIR- 2010 -001 (the "CCG Master Agreement'). The CCG Master Agreement was issued on behalf of all state agencies in the State of Texas and requires all state agencies to procure the Online Services under the CCG Master Agreement unless the CCG exempts the purchase in writing. Accordingly, LexisNexis is proposing that you renew your subscription to the LexisNexis Online Services under the terms of the CCG Master Agreement. By signing below, you agree to renew your subscription under the terms of the CCG Master Agreement at the monthly commitment rate indicated below: Customer Name: BRAZOS COUNTY I Account Number: 113CBZ Menu Description SBOLXD SUB625 MBTX00 BRIEFS TAXA01 Check here if additional menus and/or renewal Periods are listed on an attached sheet Renewal Period Monthly Commitment Amount 9/1/2013 to 8/31/2014 483.00 9/1/2014 to 8/31/2015 497.00 9/1/2015 to 8/31/2016 512.00 Current Number of Attorneys /3udges: Current Number of Other Government Professionals: If you agree with the terms of this renewal letter, please print this letter, provide the information requested for the total number of attorneys and judges in your office along with the total of other government professionals then sign and date. Upon completion, return the signed letter amendment to me at the fax number listed above. In order for these changes to be effective on the date listed above, please sign and return this letter amendment no later than the 20th of August. If you do not respond to this letter, please be advised that your current agreement will expire at the end of the current commitment period and you will be charged standard, transactional rates if you continue to use the Online Services. Customer Name: Authorized Signature: Print Name: Title: Date: ND: CCG Renewal Letter - June 2013 -2 1D# 48 - 223ufy2013 (2013.06 Letter) Vol. / � Pg.__�_ LEXISNEXIS- COUNCIL ON COMPETITIVE GOVERNMENT (CCG) MASTER AGREEMENT LISTING OF ADDITIONAL MENUS AND /OR RENEWAL PERIODS Customer Name: BRAZOS COUNTY Account Number: 113CBZ ND: CCG Renewal Letter - June 2013 -2 ID# 4828 -6 QWE 2.2Ju4YRW3 -- (2013.06 Letter) Vol. Pg. 6.2 THE STATE OF TEXAS § COUNTY OF BRAZOS § This contract made and entered into this the day of August 2013 by and between TEXAS VOTING SYSTEMS, INC., a Texas Corporation, and KAREN McQUEEN, COUNTY CLERK OF BRAZOS COUNTY, State of Texas. WITNESSETH: Whereas, Texas Voting Systems, Inc. is in the business of selling election services and supplies; and Whereas, the COUNTY CLERK OF BRAZOS COUNTY TEXAS is desirous of employing the services of TEXAS VOTING SYSTEMS, INC. in connection with the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION and the CITY OF BRYAN, BRYAN INDEPENDENT SCHOOL DISTRICT, CITY OF COLLEGE STATION, COLLEGE STATION INDEPENDENT SCHOOL DISTRICT ELECTIONS to he held on November 5, 2013 in Brazos County, Texas; Now, Therefore, in consideration of the premises and mutual promises and obligation herein set forth, it is agreed that: TEXAS VOTING SYSTEMS, INC. will provide the following suoolies: (a) Forty -three custom gathered election sets to include thirty six Election Day precincts, five Early Vole locations, one Early Voting Ballot Board set and one Central Counting set. (b) Wire padlock seal (c) Five thousand (5,000) sample ballots TEXAS VOTING SYSTEMS,.INC. will provide the following services: (a) All required programming for above mentioned elections (b) Predefine eSlates (voting devices) and Judge's Booth Controllers (JBCs) (c) Deliver, set up and pick up all equipment for the Early Vote locations (d) Deliver and pick up voting equipment to be delivered to individual precincts for election day with the exception of voting precincts 1,3/23,5/48/60161 /37, 6, 7, 25/62/64/81, 27/42/56, 28/68,29,38) (e) Deliver to and pick up from Central Counting Station vote counting equipment (f) Back up and reset eSlates (voting devices) and Judge's Booth Controllers (JBCs) after the election (g) Assist with Early Voting as required (h) Assist with assembling all supplies for use in the individual precincts (i) Assistance on election day, as required, to include Central Counting Station Q) Provide any consulting services before and after the above mentioned election. Vol. —�� Pg. GJ The COUNTY CLERK OF BRAZOS, State of Texas, will be responsible for, and hereby assumes the following duties and obligations in regard to the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION,and the CITY OF BRYAN, BRYAN INDEPENDENT SCHOOL DISTRICT, CITY 017 COLLEGE STATION, COLLEGE STATIONINDF.PENDENT SCHOOL DISTRICT ELECTIONS to be held on November 5,2013: (a) Payment of all invoices, Election Judges, Alternate Judges, and Clerks of Election, to include the Central Counting Station. (b) Furnish Texas Voting Systems, Inc. a complete list of all issues to be conducted in the above mentioned election (c) All reports, expense accounts, canvass of the election, conduct of the election at the individual polling places and any other statutory requirements as required by the Texas Election Code and /or the Federal Voting Rights Act. IV The consideration to be paid by the BRAZOS COUNTY CLERK to TEXAS VOTING SYSTEMS, INC. for the services rendered and supplies provided by said corporation for the BRAZOS COUNTY CONSTITUTIONAL AMENDMENT ELECTION, and the CITY OF BRYAN, BRYAN INDEPENDENT SCHOOL DISTRICT, CITY OF COLLEGE STATION, COLLEGE STATION INDEPENDENT SCHOOL DISTRICT ELECTIONS to be held on November 5, 2013 is approximately TWENTY FOUR THOUSAND NINE HUNDRED DOLLARS AND NO CENTS ($24,900.00) EXECUTED this 21 day of August 2013. COUNTY OF BRAZOS L� Kare McQueen Countytlerk-° TEXAS VOTING SYSTEMS, INC. William C. Sims Vice President This contract approved by the Brazos County Commissioners Court this the day of August, 2013. E. Duane Peters, County Judge C TVS Cnm. 2011 n Co Cow Amend Ciy EI Cnmrnl Vol. ��- P9. - -6f( W I� oI: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: Road and Bridge DEPT. NUMBER: 56001000 DATE OF COURT MEETING: August 27.2013 ITEM: Consider and take action on acceptance of the roads (Bentwood Drive, White Fawn Circle, La Posada Circle, Meadowhill Drive, Morning Dove Circle, Arrowhead Ct, Falling Leaf Ct., Painted Sunset Court, Shadow Bend Court, Ripple Wood Court, Mirror Pond Court and La Granja Court) and associated roadway drainage structures of Bentwood Estates Phase 1 and Phase 2 into the Brazos County road maintenance system. Site is located in Precinct 1. • Brazos County will assume no responsibility for drainage ways or easements other than those adjacent and parallel to the rights of way or otherwise labeled as public easements. • Private drainage ways and easements shall be maintained by the individual property owner or the HOA. • Brazos County shall maintain the roadway, shoulders and drainage facilities which directly drain the roadway and associated ditches. • The HOA shall be responsible for mowing and landscape maintenance of all rights of way /easements. SUBMITTED BY: R. Alan Munger, P.E. County Engineer APPROVED BY: `f., j�,., k W C Z&A yt,\ ,t Commissioner Lloyd Wassermann Precinct 1 CC2013- 13entwood Phs 1- 2- County, Mafntename This Request is ApproWed CLJ (or) Denied ❑ by Commissioners' Court Date: Ci 10 -71I IS r E. Duane Peters, County Judge tlt r -)( 6j-" BRAZOS Cowry COMMISSIONERS' COURT ACTION FORM. DEPARTMENT: Road and Bridee DEPT. NUMBER: 56001000 DATE OF COURT MEETING: August 27.2013 ITEM: Consider and take action on acceptance of the roads (Lariat Lane, Vintage Oaks Drive and High Meadow Trail) and associated roadway drainage structures of Saddle Creek Subdivision Phase 3 and Phase 5 into the Brazos County road maintenance system. Site is located in Precinct 1. • Brazos County will assume no responsibility for drainage ways or casements other than those adjacent and parallel to the rights of way or otherwise labeled as public easements. • Private drainage ways and easements shall be maintained by the individual property owner or the HOA. • Brazos County shall maintain the roadway, shoulders and drainage facilities which directly drain the roadway and associated ditches. • The I-lOA shall be responsible for mowing and landscape maintenance of all rights of way /easements. SUBMITTED BY: P,A , PE R. Alan Munger, P.E. County Engineer 0d 1111PA"I -YA �/I,�st.tdCa..sl c1M -.►— Commissioner Lloyd Wassermann Precinct 1 CC2013- Saddle Creek Phs 3- 5- Cmmty�Mainimmu This Request is Approved L3 (or) Denied 0 by Commissioners' Court Date: F 2-- / 13 E. Duane Peters, County Judge Vol. / 'u� 'g. e; BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridee DEPT. NUMBER 56001000 DATE OF COURT MEETING: August 27.2013 ITEM: Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XII, 18.460 Acres, J.M. Barrera Survey, A -69, College Station (ETJ), Brazos County, Texas. Site is located in Precinct 1. SOURCE OF FUNDS: N/A EXCEPTIONS/REQUIREMENTS: • Brazos County will assume no responsibility for drainage ways or easements other than those adjacent and parallel to the rights of way or otherwise labeled as public easements. • Private drainage ways and easements shall be maintained by the individual property owner or the HOA. • Brazos County shall maintain the roadway, shoulders and drainage facilities which directly drain the roadway and associated ditches. • The HOA shall be responsible for mowing and landscape maintenance of all rights of way /easements. NOTES: • Owner/Developer: Smiling Mallard Development, Ltd. • Engineer /Surveyor: McClure & Browne Engineering/Surveying, Inc. SUBMITTE BY: APPROVED BY: R. Alan Munger, Lloyd WA sermann P County Engineer Commissioner Precinct 1 CC -2013 This Request is r4APPROVE / NI m issioners' Court E. Duane Peters, County Judge R_I?? 1 1--t� Date /b 67 Jun.27. 2005 3:23PM Brazos County Road & Bridge Application for Development Brazos County Subdivision and Development Regulations Brazos County Engineering Department 2617 Hwy 21 West, Bryan, Texas 77803 (979) 622 -2127 Master Plan Final Plat � Property Description: Road Location: ` Na2TH of E.vJ7 Legal Description:: , U RSf Subdivision Description Subdlyision Name: Ar✓ LA K Total number of lots: 1 / Property Owner Owner name(s): Svr, i L/ N (r stn 04 u-.4 Currant mailing address: S o d E/4J 7 d Phone numberfs): L S 7 4 t ! Re -Plat o r- TNOr4A/ Total Acreage: No.0946 P. 2 Office Use Only. V Amending Plat LAW ET D.Pi�c Applicant or Authorized Agent, Engineer ol-Surveyor Name and Address: TRAY I s AA-' -/ N C Phone number(s): k 9"J 9 Jf* Y 6-- 4 3,r 4 Name and Address: Phond number fs): Application is for Residential ('I Mobile Home Park () Commercial ( ) Other ( ) Is any of the property located in a Floodplain or Flood Hazard area? N O (yes/no) AATiowledgmenc TM flood hazard homduy ramps and other Rood data used by Brazos county in evaluating flood hawds to propbsed developments art wasidend reasonable and want a Ibrregulatory purpose; "are based on the best available scientific nd engineertng data On ran: ocm wns greater floods can and will eceur and hood heights may be increased by man -made w wwral mares. Iswence of a Floodptain Permit in accordance with the Brazos County Flood Damage Pmmtion Ordinance does not Imply that development outride the areal cf yxcial flood hawd will be free from flooding or flood damage. Lwuance of a permit shall not eeafe nability on the pan of Hama County nr any officer or employm of Brazos Cowry in the event flooding or Road damage dots oaar. Is part or all of the property within an ETJ of a City? i ES (yes/no) Will any construction occur in TxDOT right -of- ways? �t (yestno) Application Check List: Copies of finished plat with conections (if any): [Y- 9 copies to Brazos Courtly f One (1) copy to Brazos County Health Dept. G_ One (1) copy to Brazos County 911 CY One (1) copy to local Water District or Company Letters of approval (19 be sent by the approving institution directly to Brazos County Engineering): D Letter from Brazos County Health Dept — For onsite sewage evaluation. C Letter from Brazos County 911 — For road names. . ❑ Letter from Water District or Company. — Stating water availability, etc.. [f property is within an ETJ of a city: ❑ Approval notification from appmpriate city. Applicant attest that they have signed this application in the capacity designated, if any, and further attests that they have read document and the statement contained herein and any attached are true and factual. All applicants are eneowaged to review die County Regulations prior to any plat submittal. It is understood that this application Is not finished or dated until all documents listed above are filed at the Brazos County Engineering Ofijce and all applicable blankgi the filled in the application above. V/// Applicant's Signatum Date County Witness Date F Vol, Zpg._4 _ 7X 2 - ,P 0-k Jun, 2). 2005 3:23PM Brazos County Road & Bridge No,0946 P. 3 Engineer /Surveyor Check List for Plat Pre - Approval a' I) Property *#led within a City Extra Territorial.Jurfsdiction (ETI), contact with that City; is *dired before plat approYal. (5' 2) Drawn on 24" x 36" sheet to scale of 100' Per inch or larger. If more than one sheet, an fndpx sheet showing entire subdivision at a scale of 500 feet per inch or larger. r f� 3) Include the words; "MASTER DEVELOPMENT PLAN —NOT FOR RECORD" or "FINAL PLAT' or "RE -PLAT' or "AMENDING PLAT' in letters 14" high. 4) Vicinity map which includes enough of surrounding area to show general location of subject prop"in relation to major roads and any city limits and county boundaries. No scale required but include north arrow. rY 5) Title Block with the following information; Q' Name and address of subdivider, recorded owner, planner, engineer and surveyor. r l' Proposed name of Subdivision. (Subdivision name & street names will be approved through the Brazos County 911.) (Replats need to retain original subdivision name.) far Date of preparation. (Include the date of any revisions on the plat.) IT Engineer's scale in feet. Cf- Total area intended to be developed. d Re -plat or Amending Plat, existing lot and block description or Abstract name and number. B— 6) North Arrow. tr' 7) Location of any current city or county limit lines, if applicable. Car 8) Subdivision boundary indicated by heavy lines. Boundary must include all of parent tract. B, 9) Descriptions by metes and bounds of the subdivision which shall close within accepted land surveying standards. (Shown on drawing; not separate description) B' 10) Primary control points or descriptions and ties to such control points, to which, later, all dimensions, anglos, bearings, block numbers, and similar data shall be referred. The plat shall be located with respect to a corner of the survey or tract, or an original comer of the original survey of which it is a pan. 9,� 11) Name of contiguous subdivisions and names of owners of contiguous parcels of unsubdivided land, and an indication whether or not contiguous properties we platted. 11i 12) Location of the 100 Year Floodplain and Floodway, if applicablo, according to the most recent available data. C9' 13) Note the FEMA FIRM Map panel number and revision date on plat Nr 14) Topographic 111formation, including contours at two foot (2 ft.) intervals, ftowline elevation and flow direction, B� 15) Proposed drainago concept shown on plan, showing flow Paths to primary system. Jun. 2T 2005 3:24PM Brazos County Road & Bridge No. 0946 P. 4 D" 16) Locate and Describe, with accurate dimensions, bearings or deflectipn angles and radii, area, center angle, degree of curvature, tangent distance and length of all curves; show existing items that are intersecting or contiguous with the boundary of or forming a ,; boundary with the subdivision, as well ns, those within the subdivision; for the . 'following: , Existing Proposed 6' EY Streets: continuous or end in a col -de -sae, stubbed out sheets must end into a temp. turn around unless they are shorter that 100 feet. dY 13' Public and private RO.W. locations, width(s) and names. (All existing and proposed RQ W,'s sufficient to meet County and City Ptcgulations, if applicable.) @� Street offsets and/or intersection angles meet ordinance. Q-- iar- Alleys a— 13-- Reserve tracts. Well site locations. 9� Pipelines: ]Abel company with volume and page. Cl— EK� Utility Services. (water, wastewater, electrical, natural gas, cable, phone, etc.) A7� 0� Easements. G-- 611- Drainage Structures and improvements per engineering analysis. IY IY A number or letter to identify each lot or site and each block. Gli [J' Public areas. R" 17 Outer Public improvements, including but not limited to parks, schools and other public facilities. F�— 17) All oil -site easements for inbutn,cture construction must be shown on the final plat with a volume and page listed to indicate where the separate instrument easements were filed. Separate instrument easements must be filed prior or concurrently with final plat. If IS) Proposed phasing. The Master Plan and each phase roust be able,to stand alone to meet ordinance requirements. Infrastructure costs should be separate for each phase of the subdivision. 4 19) Bring this check list with one copy of plat for pre-approval to meeting; date and time set by County Engineer or Planner. Mecting location set at County Engineering office. Brazos County En&oeritig Road & Bridge Department, 2617 Hwy 21. West Bryan, Texas 77803 (979)822 -2127 , >. •'of.2 Pg.. 7'.v Jun. 27. 2005 3:24PM Brazos County Road & Bridge Brazos County Pre - Application For Plat Approval No.0946 P. 5 Date: Waster. Platt _ Final Plat 'Re-Plat Amending Plat_ d)ete do ritnaa>signad for Application and Plat Rt:view, witJ County Enginw.o /Planner; N '4 Description of propgjy, Subdivision Name: 7 r"d / A v 1,4 6(E ,y 40 144 X E /,Z Property Location: N o R —tH ° F k At 4 ,v 44 K ES Legal Description: PhWSC /,0 + j3 L o c k ,13 Applicant or Authorized Agent: TFA� t S /�i /4 27ii✓t K Phone Number (s): This Is a motifieatioa to Brnzoa County that a plan for development exists for this noted piece of property. Ibis is not the o91c1a1 Application for Development Tbis also does not commit the Applicant listed above to file an Application for Development of to file any type of plat for Record, All propertks within the County of Brazos are submitted to the rules and regulations set up by the Brazos County Commissioners Court. Copies of the Brazos County Subdivision and Development Regulations and the Brazos County Flood Damage Prevention Ordinance are available from the Brazos Cotmty Engineering and Planning Departments. All applicants are encouraged to review the regulations prior to any plat submittal. Ansched is a general check list to be used by a Registered Engineer or Registered Professional Land Surveyor, licensed by the State of Texas, for the sole purpose of suintnarizing the needs of a finished plat. All County and City Ordinances and Regulations must be met This is not a short list of details of said regulations. Details of the idems listed are in said otdinanoes, and said ordinances take precedence over this check list. ' Applicants Signature. Commerim 3 ,, / 3 Date of Signature DEPA R'I'MEN'T: MEETING DATE: SUBJECT: . ....... ..- .......- BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM Road & Bridge August 27, 2013 Utility Permit — Wellborn Special Utility District Consider and take action on the Wellborn S.U.D. utility permit to construct road bore under Burt Road. This project will provide water service to new customer at address #4542. Site is located in Precinct 4. SUBMITTED BY: APPROVED BY: Joiliv. Salvato 09a Caul Right of Way Agent Commissioner. ei ct 4 This request is W)VPROVED / DENIED ❑ by Commissioners' Court Duane Peters, County Judge DATE: 9 ) 27 /I 3 i Vol / S.3 P(i 7) APPLICATION FOR WATER-UTILITY PERMIT DESIGNATING PLACEMENT OF UTILITY IN COUNTY RIGM TO: THE COUNTY ENGINEER OP' BRAZOS COUNTY, TEXAS Pursuant to the Texas Utility Code, Section 181.024, comes now Wellborn SUD [company name], hereinafter referred to " s "Company" a (state] Corporation, with authority to transact business in Texas, acting by and through its duly authorized representative, and hereby petitions the County Brigineer for the right to lay, construct, maintain, repair and /or operate a gas facility under, over, across and /or along certain County Roads as shown on drawings and diagrams attached hereto and said location described as follows: Facility to Crose Rmri Road Neme &Alock Number length of Crossing fYPB OF CONSTRUCTION CH19CK ON Bored Jacked Driven Cased 60 f.[ Facility to Parallel County Road within R1 Ie d Of lVav CONSTRUCTION TYPE 2 "Diameter _101, Wail Thickness Material Specification_ PVC Casing Maximum OPeration Pressure 200 psi The location and description of the proposed installation and appurtenances must be fitly shown on the attached detailed drawings. 'rile Company shall commence actual construction/work in good faitit within 60 days from the date of said permit and shall complete said construction !work within 15 working days. (COMPANY MUST FILL construction is not began by the 60 i' day, Company will be required to apply for a Clew permit. If such Company declares that prior to filing this application, it has ascertained the location of all existing utilities, both aerial and underground, and the filing of this application is prima facie evidence that the proposed installation will not conflict with any existing utility. A copy of this pemrit shall be kept at the jab site any time work is being performed. It is expressly stipulated that this Permit is a license for permissive use only and that the placing of facilities upon public property pursuant to this permit shall not operate to create or vest ally property right in said holder. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of tire, County's right, title and interest in the land to be entered upon and used by the holder and the holder will at all times assumo risk of and indermtify, defend and save harmless Brazos County from and against any and all loss, damages, cost or f I / 0 rS 73 expense arising in any manner on account of the exercise or attempted exercise by said holder of the aforesaid rights and privileges. Any deviation from these specifications must be approved by Brazos County Engineer's Office or its designated representative. Approval of County Engineer's Office may take as long as two weeks after complete application is received. Applicant agrees to comply with all rules of the County Commissioners and the County Engineer in construction of said installation attached hereto as BRAZOS COUNTY DESIGN STANDARDS AND SAFETY PRECAUTION REQUIREMENTS FOR WORK CONDUCTED IN BRAZOS COUNTY RIGHTS OF WAY and incorporated herein for reference. In the event Couparny fails to obtain: a permil prlor to the installation or does not hustall utilities ht compliance with iustalladon requlreatenis sel forth herein (I.e. depth, location, etc), Company assumes allJinmtchd rerponslbillty jor damages and/or destruction of lines, cables, etc. based upotl llsfailare to comply nvith Brazos County requirentents. Applicant agrees that if Brazos County dentorut ales a vlolatlon of the terms of this policy, Applicant stipulates Ilyat requisites far injunctive relief exist and that Brazos County is entitled to relief eujohdng any conduct by applicant which is contrary to the polleles. This permit Is a revocable perntil Brazos County reserves tie right to revoke this perntil at ally little, in the sole discretion of Brazos County, for interests of public heudh, safety or nvelfare, or for faldtre to repair mtl, damages upon demand, orfor tiny other reason deemed su fclent by Brazos County. lit the event Coupauty falls to comply hvlth any or all of the regnlrements as set forth herein, the County may take such action as it deems appropriate to compel cornplimtce. The County Bugiueer farther retains the right to revoke flits Permit by verbal not fcatot to the ApplicaneCompany. Failure to obtain this permit and/or notify lire Cannily Englrheer's Offlce within 24 hours of beginning construction shall constidhte grouutisfor job slittttlohvn. By signing below, I certify that I am authorized to represent the Company listed below, and that the Company agrees to the conditions/provisions included in this permit. Wellborn Special Utility District Address Wellborn Tx 77881 city 979-690-9799 State Zip Phone Number wsud.is @verizon .net /weud.ac @verizon.net Email: pg.__ 741 WATER UTILITY APPROVAI, BMWs County offers no objection to the proposed location of the utility in the County rigbt of way as shown by accompanying drawings and notice dated O(3 _ except as noted below: EXCEPTIONS: . , (Month/Day/Year) -46F, Title Wellborn Special Utility District August 21, 2013 The Commissioners Court of Brazos County Attention County Judge: Formal notice Is hereby given That Wellborn Special Utility District will construct a road bore for water line within the right -of -way of a County Road in Brazos . County, Texas as follows: Road bore will be made under Burt Road. Bore will be made from existing 2' water line located on the south side to north side for a distance of 60' at a minimum depth of 36' below ditch flow line. The location and description of this line Is more fully shown in drawings attached to this notice. The line will be constructed and maintained in the County Road right -of -way In accordance with the Brazos County Roadway Safety and Road Preservation Standards and governing laws. Construction of this line will begin on or after August 21, 2013. Regards, Utility District P.O. Box 250 • 4118 Greens Pralile Rd. • Wellborn. TX 77881 • 979.6909799 r Fax 979.690.1260 l ' C' 74 (D b 0 a° pq w pa el 9 s Q c: 0 O CC CC E i b 4 41 w r b ro 0 a ro ro e a 0 a L w '104 Wa o � a� A u o 4 "m ro x. D u N � O p C W N 0 a 7 0 w •a N N v u y ,o� eueaawg zt w a w x F U RIGHT -0 MAW ro 0 b0 ro a r. N � w � !p fft z O U w U) J U a I Yi z 0 U z O v w O z O F v O J co 2 a LLI U) O z O J Q z d O K Z <sC <7 Q Z � OF U ~ w w G) w w F- F- LU w Z O F- Z O F- O O r 0 Ef w ri F- N O 9 Z d a Z y z 0 t/] O Z J a O m F U CIL � a a ED R: d F- O z LUN Z O F- G: O [1 f Z a O Tj U- c� all Ix It 1.00 .O ....,. 111•... 6W'. b: ' + ly W 1 _, OWIn I ..Itlpglt /1 /t nl rdm u . '01; & _ i W LL 1 14--us& ZUV >N 1 d J "XIN / II •W JZO W OW W R I � Y,ZO04 .L p/, 1 TK-- .z.. U / i1tnY.RU ►IU � ' M� N 1 0 �} 3 r�,;�� ay ��'n`# R� t�t�:�: -i. t o _,_ ._.. .... � /:"h�f�i.IF; n'.` ,. ..'#:�i ✓!�, -L�'-� �siYU °•y� T.6'idzL`I�.l� ?i,�d��.s � {�����h].+�s`!i Ib co N a it N x 000 1 f - � O z it W .. =VT .OW ,I�a OQ ndN6 W ✓ Z �0 W a d� t9 �M J J y .x Uop .v M A � xs •` 4u I� I l I �� I J 0 3 W - '�+ x o xoz f r Ui r r 1 1 1 Illh bi §�9 §a §RA §A }7=3i ��S =a9d�NS�Z2:K: �• R °7 RR 99R. 1. 3� Fa b i� i �E Y �.1 s ♦ a ♦ n' J N Z .. Q O KKK IV ¢Lp M r M!S a - - - h +Iw••w yy]] N Y A g il� DIY Wq+uv '� p O rc 41W 3 Y +.CI�W +Nlrar F a CjC WM N O •� N f {! via l Ig,ilia :"_`• =i ifi_^ � ol:i.,..'f°'•... G'. i6+ i im°". •�7.�1�:.•! r.L'S'A':! W.'1: '.l.•t l• :�1• w 0 J yy D rn � O ¢a N 41 C 4 �p ua. cC' N b V Y K O 3 13RAZOS COUNTY ROADWAY SABE'fy AND ROAD PRESERVA11ON STANDARDS FOR WORK CONDUCTED IN 13RAZOS COUNTY RIGHTS OF WAY A. GeueralReguireuten/s 1. Adequate drainage shall be maintained in ditches at all times. 2. Permiltee will use best management practices ("BMP ") (EPA and TCEQ both provide lists of examples of BMPs) to minimize erosion and sedimentation resulting from the proposed installation. 3. The permitteo shall lake precautions to avoid damage to property. All County Right of Way and property shall be restored to its original condition, as far as practical, in the opinion of the County Engineer or appointed representative. 4. The construction and maintenance of such utility shall not interfere with the property or rights of a prior occupant. 5. Permiftee shall not iuterfere with other utilities located in fire right of way. In the event damages occur, permideo will he liable to the County or other utilities running tineugh the right of way. 6. County Engineer shall determine whether or not permiltee's plans shall inconvenience the public. If it is determined that incwwenienco to the public exists, thou the County Engineer will decide whether such project will be allowed or if en alternative exists so as not to inconvenience the public. 13. Safely Requirements 1. Proper traffic conhrol measures must be put in place prior to beginning work and remain in place during the duration of the job. All traffic control measures must follow tho Texas Manual of Uniform Traffic Control Devices (I'MUTCD). See Traffic Control Requirements below. 2. During construction, all safety regulations of the Texas Department of Transportation shall be observed. 3. Parmittee must take such precautions and measures, including placing and displaying safety devices, as may be, necessary, in order to safely conduct tine public through the project area. Company shall provide flagmen, signs, signals or devices necessary to provido complete safety to the public. 4. Adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property ovnors. 5. No cable, conduit and/or pole line shall be laid, constructed, maintained and/or repaired so as to constitute a danger or hazard of any kind to persons or vehicles using such road. Any poles placed in the Right of Way for f llUre histallalion shall be placed at the back of Ito Right of Way. Exceptions may be approved by the County Engineer. C. D- ajflcConnoiPlot 1. A traffic control plan, pu snaut to the TMUTCD or Engineeted Traffic Control Plan must be provided for the following: a. Any construction (i.e. pit, excavation, hole) left open over night, requires spcciGc �nir�hitima traffic control measures pursuant to the TMUTCD; b. If construction is within ten (10) feet of the roadway; or c. Any wok performed in the road right -of -way; 2. flan must be attached to the Penn it and kept at thejob site any time work is being performed. 3. Plan must set forth the time of completion for thejob. D. beslgn Standards I. All overhead installations shall confornt to clearance standarxls of the Texas Department of Transportation and the pole be placed in the designated area for power specified as set forth in the Texas Utilities Code, Section 181.045. 2. All polo installation (including lighting) shall be placed at the backside of the Right of Way to ensure safety to the public. Any pole placed in violation of this requirement will be required to be moved to the appropriate location at the company's expense. Exceptions may be approved by the County Engineer. 3. All underground installations shall (these are minimum depths —utility may place deeper): a. be placed at a minimum depth of forty -eight (48) inches below the top of the pavement; b. be at least thirty -six (36) inches below ditch flow line when installation is within the area measured fiom top of bank to top of bank; c, be at least forty -eight (48) inches below ditch flow line if low pressure gas or petroleum lines. Par high pressure gas and petroleum lines, see high Pressure Pipelines requhements listed below; d. not be closer than ten (10) feet from the edge of pavement. Exceptiona may apply in rights of way of less than 60'. 4. Water Lines: All water lines must be a minimum 36- inches below the ditch flow Sine and cased, Waterlines shall be cased if crossing under the roadway. 5. Utilities in all new developments that have 60 feet or greater of right of way shall be installed within designated locations based upon file type of utility. The Iocations shall be as follows: (measured from back of right -of -way). Power— 0 -2 feet, nominally I' Phone -2-4 feet, nominally 3' Gas — 4 -6 feet, nominally 5' Cable 6.8 feet, nominally 7' 6. Utilities with loss than 60 feet right- of-way in all now developments shall install the utility in a similar manner as referenced in No. 3 above, however, the Conuty Engineer or its designated representative will provide final approval of each utility location. 7. The length of any trench to be opened in advancer of the pipe, conduit or ducts may not be longer than 400' if left open overnight or unattended. 8. Crossings under a. county road shall: a, be bored or jacked. ABSOLUTELYNO OPEN CUTS 1'JPI'HIN COUNTY ROAD PAVBM]3NT; b. be pressure grouted for the full length of the crossing irthe annular space between pipe and casing and soil exceeds one (1) inch. Brazos County must be given 24 hours notice of pressure grouting operations and have the opportunity to have an inspector on site to observe pressure grouting operations; c. TxDOT Standard Specification Item 476 shall be. followed for all boring, jacking, tunneling and joints. 9. Bore Pits a. no pits Shall remain open longer than 2 days; b. all pits Shall have proper traffic control measures in place. See Traffle Conh.01 Plan listed above. c. pits shall NOT be located within tea (10) feet from the edge of pavement without prior approval from the County Engineer or his representative; d. when pits are to remain open for more than 8 hours, due diligence will be, used in protecting the spoil pile to prevent drainage problems; e, based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity; f based upon soil conditions, the County Engineer or his representative may require pits be placed fbithcr from the edge of road. 10. Any installation within ten (10) feet of edge of pavement shall meet the following: a. location must be approved by the County Engineer or his representative b, bnckfilled with cement stabilized material. c. based upon soil conditions, the County Engineer or his representative may require shoring to protect pavement integrity. d. All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times where excess water cannot be prevented from entering the trench will be considered TEMPORARY and shall be replaced with PERMANENT cement stabilized material as soon as Nveather permits; e. All disturbed base and pavement materials shall be removed and restored to the satisfaction of the County Engineer or his representatives. f. No side or lateral tamping to fill voids under the base and pavement materials is allowed. 11. Company must be careful to not jeopardize the slope or integrity of the shoulder of the road. In the event Company damages Ore slope, shoulder or any other portion of the right -of -way, Company will be responsible for repairing the damage and replacing the right -of -way to the condition it was prior to commencing construction. 12. Operation of construction and/or maintenance equipment on the traveled surface of any improved County road will not he permitted, except in an instance whereby the laying, construction, maintenance and/or repair of cables, conduits and/or pole lines cannot be accomplished by any other me0nod and in this event all such equipment shall be of the rubber tire variety. Appropriate traffic control shall be provided meeting TMUTCD requirements. 13. In the event said construction and/or maintenance and/or repair requires Company to remove, cut or jeopardize any section of the road (asphalt, cement, read base, etc), Company will be required to provide a performance bond or letter of credit scouring necessary repairs. Said bond amount will be determined by the County Engineer. 14. The applicant shall submit a letter of "No Objection" from the Army Corps of Engincers for all designated wetlands and environmentally sensitive ]suds, A Brneigeucp work 1. In the event Company is required to perform emergency services, that requires excavation in a County Right of Way, and unable to notify the County Engineer prior io conducting emergency repairs, Company shall notify County Engineer within 24 hours of begilmimg eonstruction/repeirs. This will allow the County Engineer and Road & Bridge Office an opportunity to inspect the site to ensure the integrity of the County Right of Way and traffic safety controls used. R Repairs to existing facillliet I. Maintenance and/or repair to existing cables, conduits, and/or pole lines which require disturbance of the soil, shall not be performed until plans describing such maintenance and/or repair have been approved by the County Engineer or designated representative and a permit has been obtained. G. Relocation of alli les. 1. When and if the County Engineer determines that it is necessary for the construction, repair, improvement, alteration or relocation of all or any portion of said road, any or all poles, wires, pipes, cables or other facilities and apputienanees authorized hereunder, shall be removed fi•om said road, or reset or relocated thereon, as required by the County Bngineer within a reasonable time as determined by the County Engineer and Utility I Company, and at the expense of tile Utility Company. K High Prersure Pipelines 1. All utility Permits for high pressure pipelines (generally 60 PSI or greater), whether pertaining to controlled access or non - controlled access installations, should contain the following additional information in the description of the permit. - diameter -wall thickness - material specification - minimum yield strength - maximum operation pressure of the pipeline 2. With the exception of the maximum operation pressure of the pipeline, this infomatior is to be supplied for both the carrier pipe and the casing. 3. Assurance must also be given that the installation material and design meet the minimum Peder•al Safety Standards for Liquid and Gas Pipe Linos. Assurance must be provided on company letterhead and signed by an authorized representative of the company. 4. Petroleum Pipelines: Depth Tyne of pipeline (below deepest ditch erade) Snecial Requirements Encased Pipe Less than 10' Must be covered with concrete pad at least 36 "deep Encased Pipe Greater than 10' No concrete pad required Non -Cased Pipe Less then 10' Must be covered with concrete pad at least 48 "dccp Non -Cased Pipe Greater than 10' No concrete pad required The Concrete pad shall be minimum of 3" thick and width shall be pipe diameter plus 18" minimum. 5. Under no circumstances will a pipeline be installed parallel to a County Road within the Right -of- Way. Transmission lines have been deternnined to be petroleum pipelines (which includes natural gas lines) and shall not be parallel to a County Road. 6. Natural Gas Distribution is a line that serves the fmal customer. /OJ O✓ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2012 -2013 BUDGET YEAR NO. 1.2113 46.1 - 46.12 On this the 27th day of August2013 at a regular meeting of the 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 27th day of August 2013 the Court heard and approved a budget amendment for the 2012 -2013 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 18 September 2012, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 27th day August 2013. 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 l 4U_ _ Pg.. Od�( BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.1 8/27/2013 ®' �WnHmm ACCOUNT t!AME ...C. CC d G� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.2 a»nM`1 3 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 25,000.00 0100 19000100 61970000 DR Witness Reimbursement 3,000.00 0100 19000100 61801000 DR Travel 5.000.00 0100 19000100 61210000 DR Court Costs 15,000.00 0100 19000100 65350000 DR Gasoline 2,000.00 General Fund Contin ency and District Attorney Reallocation of funds to support the court trials cost for rerminder of FY 14. ?s y � BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.3 8/27/2013 FUND DIV ACCT PROD DRICR ACCOUNT NAME Increase Decrease 0100 24301100 59100000 CR DDEA 530.88 0100 24301100 60360000 DR Furniture 530.88 JaStlea of the Peace 03 Reallocation of funds to purcliase two new office chairs for the front counter. 1 Vol O'r PC, �' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.4 or Ponds to purchase afire panel CPU located at the Expo Center, and a fire suppression system in the kitchen at the Brazos pion Center. Vol. iV x BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.5 812 712 01 3 Vol. /-- & Pg 9'-/ ACCOUNTNAME t'I$ MEN Vol. /-- & Pg 9'-/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.6 A12712a13 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 200 000.00 0100 11010000 61225000 DR 2nd Administration Appeal 439.31 0100 11010000 72201000 DR Crt Appointed Attorneys - CCL # 1 46,739.60 0100 11010000 72202000 DR Crt ARpointed Attorneys - CCL #2 28,823.73 0100 11010000 72206000 DR Crt Appointed Attorneys - 272nd 40,789-53 0100 11010000 72209000 DR Crt Appointed Interpreter 2,946.95 0100 11010000 72660000 DR Psychiatric Services 6090.00 01001 11010000 72210000 DR Crt AD00imcd Attorneys - Capital 74 170.88 General Fund Contingency and Court Support - Criminal Reallocation of funds to cover court cost for the remainder of FY 13. vet /8�S' PC; yU Title IV -E of Ponds to cover for BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.7 Road & funds to ' yl rt f 4 iii F i b H Pre aced B norm Date ��ar5`+'�..ry SQ1/2013 .._....._.. ... BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.8 Vol. Pg._fA G BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.9 8127/2013 ��..�...�. Cam.. w /4 -s y3 and BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12113 - 46.10 remainder Vol pg BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 46.11 Alarm in the BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 12/13 - 46.12 recogni= revenue above the budgeted for FY 2013 to allow for the movement of expenditures from District Attorney budget to District I Vol - PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 27, 2013 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 District Clerk Adams, Sarah New Hire S.O. Jail Davis, Sheleana Resignation Manson, Patrick New Hire Treasurer Candelaria, Jamie Approved in Commissioners' Court: Au ust t3: County Judge's or Commissioner's Signature: -- (This Copy to be attached to minutes) / d� Step Increase ACKNOWLEDGED 27 13 Duane Peters Date County Judge 4-A In the District Courts of Brazos County, Texas ORDER REAPPOINTING COUNTY AUDITOR eue 1-9 A13 F.T:n BE IT REMEMBERED that the District Judges having jurisdiction in Brazos County, Texas, having considered the reappointment of KATIE CORNER for the position of County Auditor of Brazos County, Texas, do find that her reappointment would be in the best interest of this county. IT IS THEREFORE ORDERED that KATIE CONNER is reappointed as County- Auditor of Brazos County, Texas, effective for a term of two (2) years beginning October 1, 2013, and ending on September 30, 2015. The District Clerk of Brazos County, Texas shall record this action in the minutes of these courts and certify a copy of this action to the Commissioners' Court of Brazos County. Texas. SIGNED this 16th day of Aumm, 2013. !LANGLEY Presiding Judge 85x District Court i For STEVE SMITH Presiding Judge _. r Court I f L "I JU I Vt 4VWt lej— y�. THB STATE OPTIUM. COUMT OP BRAM t.MwhmftChxhofdwManctof tsmCaa .Tum bhawly as" matdo f mainis so= aaderarfow Efdam"Mkosea*R I MnEbastAmbhnM Bnami Caaary: Tur D*q ACKNOWLEDGED FA SA- Duane Peters Date County Judge 1n the District Courts of Brazos County, Texas Imo ORDER DETERMINING COMPENSATION OF COUNTY AUDITOR AND ASSISTANT COUNTY AUDITORS An M On the 16th day of August, 2013, after a public hearing in accordance with the Texas Local Government Code. the undersigned Judges of the District Courts in Brazos Count-. Texas. determined the compensation to be paid to the County Auditor and Assistant County Auditors as set forth in this order. IT IS ORDERED, effective October 1, 2013. that the County Auditor and each Assistant County Auditor positions shall be paid annual compensation in the amounts stated in the column identified as "Proposed Budget' set forth in the attached Exhibit "A" which is incorporated herein. Actual compensation amounts for each individual Assistant County Auditorwill be submitted to the Brazos Count-,, Human Resources department by the County Auditor and shall not exceed the position amount in the column identified as "Proposed Budget" in Exhibit "A ". Additionally. the County Auditor and Assistant Auditors shall be paid longevity based on years of service at September 30, 2013, in accordance with the Brazos County Longevin, Pay Policy and in the amount set forth by said polic}. IT IS FURTHER ORDERED that the District Clerk of Brazos Coumtv shall file this order in the minutes of the District Courts of Brazos County. Texas and shall certify this order to the Commissioners Court of Brazos County, Texas prior to September 1, 2013, for its observance. SIGNED this 16th day of August, 2013. I. i�/ /.- LANGLEY residing Judge 85`b District Court STEVE SMITH Presiding Judge 361 n District Court C I I T AVIS B. BRYAN, al P siding Judge 272nd District Court /AS %6d BRAZOS COUNTY, TEXAS PROPOSED BUDGET REQUEST - PERSONNEL & BENEFITS COUNTY AUDITOR'S OFFICE For The Year Ending September 30, 2014 Salary Limitation - LGC § 94.021,111.013, 152.034 8 152.905: Total Dept Salary for FYE 9/3012013 Less: County Auditor's $ 514,103 (88,874) S 524,074 (93,320) $ 425.229 $ 430,754 F 1.30 °A (1) 20SAA c 3r,: YT+1;}07.2AX37_9,13TAT2 3M' ,M.aT .11nunD mule; la IpN2ia 1(1)101t rJ7n161to4 aAmj 190Wnapbnp :a0)n.icnf0aatnTjdl)Ors Tirostd*Wob M r4a; IMP p:9:: dr au,i:p+ nni)pm ?ine::iN aanilpm aAl in bm3ci", .nilrncfl �icM ;:17317;, er; /tiT.v)nnp7.cr.r �)' ,nkia :kGlF'gH VAI< .m, ! r: Page 2 AUDBUD13-14 Current Proposed Account Title Salary Budget %Change Personnel - Salary/Wages 51150000 Salary - Appointed Official $ 88,874 $ 92,480 5.00% cell phone allowance $ 840 S 840 5130D000 Salary - Staff 394,436 388,679 1.10% Deng - Director of Accounting 71,251 71,960 1.00% Pratt - Director of Internal Audit 55,471 56.100 2.00% cell phone allowance 480 460 Bates - Asst. Auditor IV 53,572 54,645 2.00% Mason- Asst. Auditor Ill 47,275 48,220 2.00% Lozano- Asst. Auditor 11 39,146 39,537 1.00% See - Asst. Auditor /1 39,657 39,657 0.00% Cao- Asst. Auditor /1 39,452 40,055 1.50% Holloway - Asst. Auditor 1 38,122 38,505 1.00% 51610000 Hourly - Staff 37,433 37,995 1.50% Murph - Acct. Asst. 111 37,433 37,995 1.50% 51810000 Longevity 3,360 3,600 7.14% Totals S 514,103 S 524,074 Personnel - Benefits 53100000 Social Security 39,394 39.394 7.65% 531010 Flex Benefit Admin Fee 660 660 532000 Retirement 67,202 67,202 11.93% 533000 Hospitalization 84,000 84,D00 $8,400 plyr per emp 533200 Employee Dental Insur. 1.200 1,200 $120 p/yr per emp 538000 Workers Comp 1,012 1,012 0.14% 539000 Unemployment Insurance 1,545 1,545 Totals $ 195,013 $ 195,013 0.00 °h Salary Limitation - LGC § 94.021,111.013, 152.034 8 152.905: Total Dept Salary for FYE 9/3012013 Less: County Auditor's $ 514,103 (88,874) S 524,074 (93,320) $ 425.229 $ 430,754 F 1.30 °A (1) 20SAA c 3r,: YT+1;}07.2AX37_9,13TAT2 3M' ,M.aT .11nunD mule; la IpN2ia 1(1)101t rJ7n161to4 aAmj 190Wnapbnp :a0)n.icnf0aatnTjdl)Ors Tirostd*Wob M r4a; IMP p:9:: dr au,i:p+ nni)pm ?ine::iN aanilpm aAl in bm3ci", .nilrncfl �icM ;:17317;, er; /tiT.v)nnp7.cr.r �)' ,nkia :kGlF'gH VAI< .m, ! r: Page 2 AUDBUD13-14 ___....0 EDGED . e Peters Date County Judge In the District Courts of Brazos County, Texas UC AUK I` 2113 ORDER DETERMINING COMPENSATION OF COURT REPORTERS DIET CLERK m. Tw uw On the 16th day of August, 2013, after a public hearing in accordance with the Texas Local Government Code, the undersigned Judges of the 85th, 272nd and 36181 District Courts in Brazos County, Texas, determined the compensation to be paid to the Official Court Reporters of the 85th7 272'd and 36151 District Courts as set forth in this order. IT IS THEREFORE ORDERED that, effective October 1, 2012, the annual compensation of the Court Reporters for the District Courts in Brazos County be set as follows: Position Name Court Reporter Paula K. Frederick 85th District Court Court Reporter Denise MacKay (Part-time) 272 n District Court Kaetheryn Kriel (Part-time) Court Reporter Felix Thompson 361st District Court Page I o„f2 / 005 Pq. /Doi Salary $66.963.00 $34,317.00 $34,317.00 $66,963.00 MMSTAWOPT XA&CouNTYofBRAzos Wee HieW. Clerk of the Dimin of Brame coma, Tau& do bateby caofy that ma romp fty a Iw and emm CM oftbtoWU4d"0"fifl timMftWMMdoBSNabarebam redacted Is Cauca No. 7�CW16 Bruos Coualy. Tom By. . Deputy r., However, if in the FY 2013 -20I4 county budget; the Commissioners Court of Brazos County approves any cost of living increase to the salaries of a majority of county employees, the amounts of annual compensation reflected above shall be increased by the same percentage amount of cost of living adjustment approved by the Commissioners Court over the FY 2012 -2013 amounts for a majority of county employees. Additionally, the Court Reporters for the District Courts shall be paid longevity based on years of service at September 30, 2013, in accordance with the Brazos County Longevity Pay Policy and in the amount set forth by said policy. IT IS FURTHER ORDERED that the total amount of compensation allowed for any court reporter appointed by and serving the East Texas Cluster Court in Brazos County shall not exceed $66,963.00 during the fiscal year beginning October 1, 2013. IT IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in the minutes of the District Courts of Brazos County, Texas and shall certify this order to the Commissioners Court of Brazos County, Texas for its observance. SIGNED this 16th day of August, 2013. 851, District Court I�L-L STEVE SMITH Presiding Judge t Page 1 of 1 Vol. �.J Pg SEIDEL, SCHROEDER & COMPANY CERTIFIED PUBLIC ACCOUNTANTS / BUSINESS ADVISORS June 13, 2013 To the Board of Directors The Research Valley Partnership, Inc. We have audited the financial statements of The Research Valley Partnership, Inc. for the year ended September 30, 2012, and have issued our report thereon dated June 13, 2013. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, as well as certain information related to the planned scope and timing of our audit. We have communicated such information to you in our letter dated April 24, 2013. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by The Research Valley Partnership, Inc. are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during 2012. We noted no transactions entered by the Organization during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate affecting the financial statements was: Management's reported depreciation of property and equipment was determined using the straight -line method and is based on estimates of the useful lives of said assets. We evaluated the key factors and assumptions used to develop the useful life estimates and have determined that they are reasonable in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent, and clear. 1470Copperfidd I arkaaq • Cull r ' - . 21 '; ..'9rQ • FAX 979/',31.5101 Vol. _/ pg.. Page 2 Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The following material misstatements were detected as a result of audit procedures and corrected by management: Change in net assets per books for the year ended September 30, 2012 S (70,387) Adjustments: Depreciation expense (13,121) Rental income 4,200 Accounts receivable (13,015) Fixed assets 2,488 Accounts payable (10,086) Prior year audit adjustments (500) Net effect of adjustments (30,034) Change in net assets, as adjusted S (100,421) Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated June 13, 2013. Page 3 Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the Organization's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Organization's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters This information is intended solely for the use of the Board of Directors and management of The Research Valley Partnership, Inc. and is not intended to be and should not be used by anyone other than these specified parties. Sincerely, Seidel, Schroeder & Company THE RESEARCH VALLEY PARTNERSHIP, INC. Unadjusted Audit Differences September 30, 2012 Description of Audit Difference Prior year rent deposit Prior year accounts payable Prepaid expenses Cash - marketing account Total unadjusted audit differences Financial statement caption totals Net audit differences as a percentage of financial statement caption totals Total Total Net Change in Assets Liabilities Assets Net Assets $ 2,800 S (2,800) (2,063) 2,063 594 594 (500) - _ (500) s 94 S - $ 737 $ (643) $ 1,073,531 s 282,439 $ 791,092 S (100,421) 0.01% 0.000/0 0.09% 0.64% u I I 0 LJ r CJ P LI I The Research Valley Partnership, Inc. Financial Statements with Independent Auditors' Report September 30, 2012 SEIDEL, SCHROEDER & COMPANY CERTIFIED PCBi.IC ACCOUNTANTS / BUSINESS ADVISORS IINDEPENDENT AUDITORS' REPORT Members of the Board of Directors The Research Valley Partnership, Inc. ' We have audited the accompanying statement of financial position of The Research Valley Partnership, Inc. (a Texas Non -Profit Corporation) as of September 30, 2012 and the related statements of activities, functional expenses, and cash flows for the year then ended. These financial statements are the responsibility of The Research Valley Partnership, Inc.'s ' management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in ' the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. ' The financial statements of The Research Valley Partnership, Inc. as of September 30, 2011, were audited by other auditors whose report dated September 18, 2012, expressed an unmodified ' opinion on those statements. As part of our audit of the September 30, 2012 financial statements, we also audited adjustments described in Note 10 that were applied to restate the September 30, 2011 financial statements. In our opinion, such adjustments are appropriate and have been properly applied. We were not engaged to audit, review, or apply any procedures to the September 30, 2011 financial statements of the Research Valley Partnership, Inc. other than with respect to the adjustments and, accordingly, we do not express an opinion or any other form of ' assurance on the September 30, 2011 financial statements as a whole. In our opinion, the financial statements referred to above present fairly, in all material respects, ' the financial position of The Research Valley Partnership, Inc. as of September 30, 2012 and the changes in its net assets and its cash flows for the year then ended, in conformity with accounting principles generally accepted in the United States of America. ' College Station, Texas June 13, 2013 0 1410 C:opperficld Parkwnq ���� /6 FFAX 9 ?9l'31 -51� 1 Vol, Pq. THE RESEARCH VALLEY PARTNERSHIP, INC. Statement of Financial Position September 30, 2012 ASSETS Current assets: Cash $ 935,916 Receivables 23,296 Prepaid expenses 4,700 Total current assets 963,912 Restricted cash: Amounts held in agency transaction (Note 4) 45,000 Property and equipment Furniture, fixtures, and equipment 60,512 Leasehold improvements 165,276 Less: Accumulated depreciation (161,169) Net property and equipment 64,619 Total assets $ 1,073,531 LIABILITIES AND NET ASSETS Current liabilities: Accounts payable $ 176,773 Accrued expenses 7,137 Amounts held in agency transaction (Note 4) 45,000 Compensated absences 53,029 Other liabilities 500 Total current liabilities 282,439 Net assets: Unrestricted 791,092 Total net assets 791,092 Total liabilities and net assets $ 1,073,531 See accompanying notes to financial statements. 2 V LP ?�/ 1 1 1 THE RESEARCH VALLEY PARTNERSHIP, INC. Statement of Activities For the Year Ended September 30, 2012 Public su000rt and revenues Grants City of Bryan City of College Station Brazos County Private contributions Rental income International gateway Interest income Client service fees Net assets released from purpose restrictions Total public support and revenues Esnenses Program services General and administrative Total expenses Change in net assets Net assets - beginning of year As previously reported Prior period adjustment (Note 10) Net assets - beginning of year, as restated Net assets - end of year See accompanying notes to financial statements. 3 Temporarily Unrestricted Restricted Total $ 350,000 $ $ 350,000 325,000 325,000 300,000 300,000 175,521 56,000 231,521 18,200 - 18,200 19,972 - 19,972 11,123 - 11,123 12,673 - 12,673 56,000 (56,000) - 1,268,489 1,268,489 1,174,625 194,285 - 1,174,625 - 194,285 1,368,910 - 1,368,910 (100,421) - (100,421) 962,772 962,772 (71,259) (71,259) 891,513 891,513 $ 791,092 $ - $ 791,092 I I L! n II I_I I I 11 I L THE RESEARCH VALLEY PARTNERSHIP, INC. Statement of Functional Expenses For the Year Ended September 30, 2012 Salaries Retirement expenses Other employee benefits Payroll taxes Legal fees Accounting fees IT services Office expenses Postage Rent expense Printing and publications Equipment rental and maintenance Travel Conferences, conventions and meetings Depreciation Insurance Dues Innovation (Note 9) Taxes - personal property Brazos Valley Small Business Development Center Business Development Bad debt expense See accompanying notes to financial statements. Program Genera( and Services Administrative Total $ 316,943 $ 59,117 S 376,060 32,836 9,998 42,834 18,729 8,336 27,065 25,679 4,790 30,469 5,852 578 6,430 - 33,068 33,068 - 4,022 4,022 7,791 15,695 23,486 - 817 817 34,320 12,323 46,643 - 1,245 1,245 - 10,366 10,366 4,623 - 4,623 16,082 4,926 21,008 17,414 8,707 26,121 - 3,414 3,414 - 4,574 4,574 3I3,838 - 313,838 - 794 794 91,000 - 91,000 289,518 - 289,518 - 11,515 11,515 S 1,174,625 S 194,285 S 1� ,368,910 4! _._.......... I ' THE RESEARCH VALLEY PARTNERSHIP, INC. Statement of Cash Flows ' For the Year Ended September 30, 2012 ' CASH FLOWS FROM OPERATING ACTIVITIES (4,847) ' Change in net assets $ (100,421) Adjustments to reconcile to net cash provided by 393,052 ' operating activities: 393,052 Depreciation 26,121 Bad debt expense 11,515 ' Increase (decrease) in cash resulting from changes 449,784 in assets and liabilities: $ 935,916 Receivables (6,660) ' Prepaid expenses (150) Accounts payable 160,692 Accrued expenses 1,059 Compensated absences 9,821 Other liabilities (4,050) Net cash provided by operating activities 97,927 CASH FLOWS FROM INVESTING ACTIVITIES ' Purchase of furniture, fixtures, and equipment (4,847) I I See accompanying notes to financial statements. 5 Net cash used by investing activities (4,847) ' CASH FLOWS FROM FINANCING ACTIVITIES Collection of notes receivable 393,052 Net cash provided by financing activities 393,052 Net increase in cash and equivalents 486,132 Cash and cash equivalents at beginning of year 449,784 Cash and cash equivalents at end of year $ 935,916 I I See accompanying notes to financial statements. 5 0 ' THE RESEARCH VALLEY PARTNERSHIP, INC. Notes to the Financial Statements September 30, 2012 1. Summary of significant accounting policies ' Nature of activities ' The Research Valley Partnership ( "the RVP") was chartered as a non -profit corporation by the State of Texas on June 7, 1989. The RVP is funded primarily by contributions from local governments and local businesses. ' The mission of the RVP is to be a catalyst for economic growth in the Research Valley without regard to municipal boundary, while engaging higher education and private ' industry in order to achieve sustainable high - quality economic development success. The RVP helps grow, expand, and attract non- retail business to the Research Valley through its planning, services, and support. ' Basis of accountin The financial statements of The Research Valley Partnership, Inc. have been prepared on ' the accrual basis of accounting in accordance with generally accepted accounting principles. Basis of presentation The RVP reports information regarding its financial position and activities according to ' three classes of net assets: unrestricted net assets, temporarily restricted net assets, and permanently restricted net assets. The RVP had no permanently restricted net assets as of September 30, 2012 or 2011. Income taxes ' The RVP is a not- for -profit organization that is exempt from income taxes under Section 501(c)(6) of the Internal Revenue Code and therefore has made no provision for federal income taxes in the accompanying financial statements. The RVP's Forms 990, Return of ' Organization Fxempt from Income Tiff, for the tax years ending September 30, 2009 and later remain subject to examination. ' Cash and cash equivalents For purposes of the statement of cash flows, the RVP considers all cash and other highly ' liquid investments available for current use with an original maturity of three months or less to be cash equivalents. Restricted cash is not included in cash and cash equivalents for the purposes of the statement of cash flows. I I 6 /mss' Pq._ 1/ L E P LJ THE RESEARCH VALLEY PARTNERSHIP, INC. Notes to the Financial Statements September 30, 2012 Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Receivables Receivables are stated at the amount management expects to collect from outstanding balances. Management provides for probable uncollectible amounts through a provision for bad debt expense and an adjustment to a valuation allowance based on its assessment of the current status of individual accounts. Balances that are still outstanding after management has used reasonable collection efforts are written off through a charge to the valuation allowance and a credit to accounts receivable. Changes in the valuation allowance have not been material to the financial statements. ' Fixed assets Fixed assets are stated at cost if purchased or at fair market value if donated, less accumulated depreciation. Expenditures for additions, major renewal, and betterments are capitalized, while maintenance and repairs are charged to expense as incurred. Depreciation is computed on the straight -line method over estimated useful lives. Subsequent events ' Management has evaluated subsequent events through June 13, 2013, the date the financial statements were available to be issued. No additional disclosures or modifications were deemed necessary. 2. Concentration of credit risk arising from cash deposits in excess of insured limits u u At September 30, 2012, the RVP had cash deposit balances exceeding the Federal Deposit Insurance Corporation insurance limits. ��r its H I 1 3. d I THE RESEARCH VALLEY PARTNERSHIP, INC. Notes to the Financial Statements September 30, 2012 Operating leases The RVP leases office space under an operating lease which expires August 2014. The RVP has the option to renew this lease for an additional twelve months. Rent expense related to this lease totaled $46,643 during the year ending September 30, 2012. Future minimum lease payments under this lease are: Year Ending September 30: 2013 $ 54,320 2014 55,440 $ 109,760 ' The RVP leases a copier under a lease agreement that expires January, 2016. During the year ended September 30, 2012 rent expense under this agreement totaled $10,116. Future minimum lease payments under this lease are: ' Year Ending September 30: 2013 S 8,700 ' 2014 8,700 2015 8,700 2016 2,900 $ 29,000 ' The RVP leases office space for the Research Valley Innovation Center under an operating lease for $3,232 per month through December 2012. However, as long as the Economic Development Agreement between RVP and the lessor is in place the RVP is ' not required to make rental payments. During the year ending September 30, 2012, the RVP also received rental income from subleases of this space totaling $18,200. The RVP has entered into a use agreement which allows the RVP to use office space in exchange for consulting services through April, 2014. The statement of activities for the year ended September 30, 2012 includes service fee income and corresponding rental expense of $9,673, the estimated fair value of the use of the office space. ' 4. Agency transactions As part of certain economic development agreements entered into by the RVP it served as an intermediary agent in several transactions during the year ended September 30, 2012 in which it received funds for the benefit of others. ' The RVP received a total of $500,000 from Brazos County, the City of College Station, 8 - Vol, 8� pg._ i I j THE RESEARCH VALLEY PARTNERSHIP, INC. Notes to the Financial Statements September 30, 2012 and the City of Bryan for the benefit of Texas A &M University for funding the Texas A &M Institute of Preclinical Studies during the year ended September 30, 2012. As of September 30, 2012, the RVP held $45,000 which was received from Brazos County under an economic development agreement with Reynolds & Reynolds Company. 5. Designations of Net Assets The Board of Directors has designated $236,323 of unrestricted net assets as of September 30, 2012 for conditional payments due under various economic development agreements as discussed in note 8. 6. Temporarily restricted contributions Contributions from Twin City Endowment, Inc. totaling $56,000 received during the year ' were restricted for additional marketing and development expenses. As the actual expenses exceeded the contribution amount, all of these assets were released during the year. ' 7. Retirement benefits All full -time employees over the age of 21 are eligible to participate in a 401(k) plan. The RVP contributes 10% of the employee's compensation. Contributions by the RVP total $41,717 during the year ended September 30, 2012. Expenses related to the plan totaled ' $3,447 during the year. ' 8. Commitments The RVP has entered into a professional services agreement with a company to develop a ' business case and plan for the Research Valley Innovation Center and to develop a corporate relations strategy. The contract requires total payments of $335,000. While no payments had been made as of September 30, 2012, the RVP has accrued $125,000 ' which was payable upon the commencement of the agreement. Texas A &M University has agreed to fund $100,000 toward the cost of this agreement. The RVP has entered into economic development agreements that require grant payments to be made to certain organizations if certain benchmarks are obtained. Total conditional payments that are committed under these agreements are as follows. The table below excludes future payments to be made under agency transactions discussed in note 4. ' 9 ' /PJ' pia. I I L I I 1 L F n u E C i 1 �2 10. THE RESEARCH VALLEY PARTNERSHIP, INC. Notes to the Financial Statements September 30, 2012 Year Ending September 30: 2013 $ 136,323 2014 100,000 -L236,323 The RVP has entered into an employment agreement with the organization's PresidentlCEO. The agreement was original effective January 1, 2007 through December 31, 2011, and can be extended by mutual agreement for additional terms of two years each. The RVP can terminate this agreement without default by the employee, but will be required to pay nine months of salary to the employee as severance pay. The Research Valley Innovation Center The Research Valley Innovation Center (RVIC) is a science and technology incubator /accelerator formed to help early -stage ventures transition into successful businesses. The RVIC will grow early -stage companies through advisory services, a service provider network and physical "incubator"P'accelerator" space. The expenses related to the RVIC for the year ended September 30, 2012: Salary $ 108,500 Retirement 2,330 Shared services 25,652 Contract labor 134,689 Benefits and allowances 22,545 International Gateway 4,486 Technology and subscriptions 671 Marketing/Awareness 7,601 Meetings and conferences 4,994 Telephone and office 1,165 Travel and entertainment 1,204 $ 313,838 Prior period adjustment In the year ending September 30, 2012, a prior period adjustment was recorded to accurately reflect accumulated depreciation on fixed assets as of September 30, 2011. Previously, certain assets were depreciated using inaccurate lives or depreciation methods. The prior period adjustment decreased net assets as of September 30, 2011 by $71,259. K3- '? //