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HomeMy WebLinkAbout2014-02-18-10:00AM-REGULR MEETINGc'L ATE O p T. =:= I r--- �._... ; f- I� 22 N L. 4 �G 4c C� ,4'LG����✓ DIY vt ��r BRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON FEBRUARY 18, 2014 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) Presentation regarding Delinquent Property Tax Collection Activity for the period of September 1, 2013 through December 31, 2013. Consider and take action on agenda items 4 - 21: 4. Reappointment of Kris Fraley to the Board of Directors of the Aggieland Humane Society; term of appointment is October 1. 2013 through September 30, 2015. 5. Appointment of Sheree Boegner to the Board of Directors of the Aggieland Humane Society' term of appointment is February 18 2014 through October 31, 2014. 6. Appointment of Mark Maltsberger as a Board of Trustee member of Mental Health Mental Retardation Authority of Brazos Valley' term of appointment is March 1 2014 through February 29, 2016. 7. I Payment Authorization to Wingfoot Commercial Tire Systems in the amount of $157.71 for a new tire and installation on a vehicle for Constable. Pct. 4; a purchase order was not obtained in advance. Vol. 197 pg. ZZ 9. Request from the Sheriff Administration for the following reclassifications effective March 1, 2014. The following reclassifications have no effect on the FY 14 budget. • a. Decrease Process Server - Deputy Sheriff, Class Code 1433 Position 1, Group 23 Step 10 to Group 23 Step 4, Pay Code 026 • b. Increase Deputy Sheriff - Training Coordinator, Class Code 1425 Position 1, Group 23 Step 4 to Group 23 Step 10, Pay Code 026 1 Q, Approval of contract with Mitchell and Morgan for review and recommendation of modifications to the County subdivision regulations. 11. Renewal of bid contract 201443R Hydrated Lime. 12. Award of bid contract #2014 -25 Fire Panel & Smoke Detector Inspections. 13. Permission to advertise the following bids: • a. 2014.26 Heavy Machinery Equipment Rental • b. 2014 -29 Herbicides and Surfactants • c. 2014 -30 Fencing Supplies 14. Approval and ratification of the following purchase orders to obtain materials for Fuel System capital rp oiect. • a. PO # 14001890 to Grainger for $25.49 • b. PO # 14001889 to Perry Office Plus for $140.75 15. 16. Approval and ratification of PO #14001888 to Grainger in the amount of $921.92 for the Arena Hall rp oiect. 17. 18. Tax Refund Applications for the following: • a. Johnnie Wilborn Estate - overpayment- $389.35 • b. Colonial Savings- overpayment- $1319.14 • c. Steven & Tracy Tietze - overpayment- $98.17 • d. M. J. Kereluk - overpayment- $90.00 • e. Tracy Welch - overpayment -$5.76 • f. Charles Watson - overpayment- $60.23 19. Budget Amendments. Budget Amendments FY 13/14 19.1 thru 19.5 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Acknowledgement of Mental Health Mental Retardation Authority of Brazos Valley's Annual Financial Report for the Year Ended August 31 2013. _ 23. Acknowledgement of the 2013 Racial Profiling Report for Brazos County Constable, Pct, 1. Vol. 197 pg. 24. Sheriffs report on inmate population. 25. Announcement of interest items and possible future agenda topics. 26. Call for Citizen input and /or concerns. 27. Adjourn. Vol. 197 pg. Z .Z PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda Items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Govemment 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 decomm in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order andlor 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 andlor any person in the Court's presence anti /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; 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., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361.4102. Vol. 197 Pg. Z Z BRAZOS COUNTY BRYAN,TEXAS NOTICE OF ADDENDUM 02 BRAZOS COUNTY COMMISSIONERS COURT In addition to the Regular Meeting, the Commissioners Court will consider and take action on the following item(s): MEETING February 18, 2014 DATE: MEETING 10:00 AM TIME: MEETING Commissioners Courtroom of the County Administration PLACE: Building, 200 South Texas Avenue, Suite 106, Bryan, Texas Agenda 1. Convene into Executive Session pursuant to Texas Government Code 551.072 to deliberate the purchase, exchange, lease, or value of real property. 2. Consider and possible action on the Executive Session. The Commissioners Courtroom of the County Administration Building, 200 South Texas Avenue, Suite 106, Bryan, Texas is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please wll (979) 301.4102. Vol. 197 Pg. �- 3 0 BRAZOS COUNTY BRYANJEXAS MINUTES February 18, 2014 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING U Signature Page.pdf tU File Stamped Agenda.0f V File Stamped Addendum.pdf LU Sian in sheet.0 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, February 18, 2014 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - 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. 3. Presentation(s) Vol. 197 Pg. 2_ 3 Presentation regarding Delinquent Property Tax Collection Activity for the period of September 1, 2013 through December 31, 2013. l4 Item 3.odf The Court next heard a presentation of the quarterly delinquent tax report presented by Shelburne Veselka, representative of McCreary, Veselka, Bragg & Allen, P.C. Attorneys at Law. Consider and take action on agenda items 4 - 21: 4. Reappointment of Kris Fraley to the Board of Directors of the Aggieland Humane Society; term of appointment is October 1, 2013 through September 30, 2015. Lt-1. Item 4.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann. 5. Appointment of Sheree Boegner to the Board of Directors of the Aggieland Humane Society; term of appointment is February 18, 2014 through October 31, 2014. 92 Item 5.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters Wassermann. 6. Appointment of Mark Maltsberger as a Board of Trustee member of Mental Health Mental Retardation Authority of Brazos Valley; term of appointment is March 1, 2014 through February 29, 2016. L: Item 6.0 f Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . Discuss, consider and vote upon the approval of the issuance by the Brazos County Health Facilities Development Corporation of not more than $27,500,000 in principal amount of its Refunding Revenue Bonds (St. Joseph Regional Health Center), Series 2014 A (the "Series 2014 A Bonds ") for the benefit of St. Joseph Regional Health Center for the purpose of (i) refunding outstanding bonds of Brazos County Health Facilities Development Corporation in advance of their maturities to obtain a debt service savings and (ii) paying certain issuance costs in connection with the Series 2014 A Bonds. a Item TO U Item 7- General Certificate of Brazos Countv.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . Payment Authorization to Wingfoot Commercial Tire Systems in the amount of $157.71 for a new tire and installation on a vehicle for Constable, Pct. 4; a purchase order was not obtained in advance. U Item 8.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 9. Request from the Sheriff Administration for the following reclassifications effective March Vol. 197 Pg. 27 -3 Z 1, 2014. The following reclassifications have no effect on the FY 14 budget. V Item 9.0 a. Decrease Process Server- Deputy Sheriff, Class Code 1433 Position 1, Group 23 Step 10 to Group 23 Step 4, Pay Code 026 b. Increase Deputy Sheriff - Training Coordinator, Class Code 1425 Position 1, Group 23 Step 4 to Group 23 Step 10, Pay Code 026 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 contract with Mitchell and Morgan for review and recommendation of modifications to the County subdivision regulations. E Item 10.pdf The estimated cost for this work is $46,866.00. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 11. Renewal of bid contract 2014 -43R Hydrated Lime. 9: Item 11.pdf The Court approved the renewal of the contract for lime 2014 -43R with Austin White Lime. All terms, conditions and pricing shall remain the same. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard . Peters. Wassermann . 12. Award of bid contract #2014 -25 Fire Panel &amp; Smoke Detector Inspections. fiZ Item 12.0 The Court voted unanimously to accept the recommendation of the Purchasing Agent and award the contract to American Fire and Safety. A copy of the bid tabulation 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. 13. Permission to advertise the following bids: V Item 13.pdf • a. 2014 -26 Heavy Machinery Equipment Rental • b. 2014 -29 Herbicides and Surfactantsc. 2014 -30 Fencing Supplies Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley Mallard , Peters, Wassermann . 14. Approval and ratification of the following purchase orders to obtain materials for Fuel System capital project. U Item 14.pdf • a. PO # 14001890 to Grainger for $25.49 • b. PO # 14001889 to Perry Office Plus for $140.75 Vol. 197 Pg. Z 3-5 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann. 15. Approval of change order to purchase order 14001811 to Mitchell and Morgan LLP in the amount of $7,050.00. This is for engineering and construction drawings on the second phase of this project for Hopes Creek drainage structure on I &amp;GN Road. Item 15.odf This change order increases the amount of the purchase order to $43,740. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 16. Approval and ratification of PO #14001888 to Grainger in the amount of $921.92 for the Arena Hall project. IL Item 16.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 17. Consider and take action on the Final Plat of Indian Lakes Phase XVI, 16.169 Acres, J.M. Barrera Survey, A -69, College Station (ETJ), Brazos County, Texas. This is a correction to item # 16 approved in Commissioners Court on January 21, 2014. Site is located in Precinct 1. U Item 17.odf Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters , Wassermann . 18. Tax Refund Applications for the following: V- Item 18.odf • a. Johnnie Wilborn Estate - overpayment - $389.35 • b. Colonial Savings- overpayment - $1319.14 • c. Steven & Tracy Tietze- overpayment - $98.17 • d. M. J. Kereluk- overpayment - $90.00 • e. Tracy Welch- overpayment -$5.76 • f. Charles Watson- overpayment - $60.23 Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters, Wassermann . 19. Budget Amendments. Budget Amendments FY 13/14 19.1 thru 19.5 Item 19.odf 19.1 To properly account for actual collection of funds in HOT Fund 19.2 Reallocate funds for Capital Improvement Projects 19.3 To properly account for award of trailer to Sheriff - Jail Administration 19.4 Reallocate funds for Capital Improvement Projects Vol. 197 pg. Z 3el 19.5 Reallocate funds for Juvenile Academy and Juvenile Detention Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard . Peters . Wassermann . 20. Personnel Change of Status. Personnel Action Forms U- Item 20.odf A copy of the Personnel Change of Status requests 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 . 21. Payment of Claims. fta'-- Claims Sheet.odf ILL BILL LIST 02.18.14.odf 7118662 through 7118861 Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters , Wassermann . 22. Acknowledgement of Mental Health Mental Retardation Authority of Brazos Valley's Annual Financial Report for the Year Ended August 31, 2013. U Item 22.0 f The Court acknowledged receipt of the annual audit for FY 2013 submitted by the Mental Health Mental Retardation Authority of Brazos Valley. 23. Acknowledgement of the 2013 Racial Profiling Report for Brazos County Constable, Pct. 1. V.:-; Item 23.odf The Court acknowledged receipt of the Partial Exemption Racial Profiling Report submitted by the office of Constable, Precinct 1. 24. Sheriffs report on inmate population. Wayne Dicky, Jail Adminstrator stated there were 602 inmates in jail, 55 have electronic monitors and 6 are pending for monitors. 25. Announcement of interest items and possible future agenda topics. There were no announcements. 26. Call for Citizen input and /or concerns. There was no citizen's input. At 10:23 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, exchange, lease, or value of real property as allowed under Section 551.072 of the Texas Government Code. The following individuals were asked to stay for the meeting: Vol. 197 Pg. 2 .35� Candy Gallego, Executive Assistant Kendra Suhling, Civil Counsel At 10:56 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. 27. Adjourn. Vol. 197 Pg. Z 3 6 The foregoing minutes of the Commissioners Court meeting held February 18, 2014 have been examined and are approved in open Court this day of l,U % , 2014, in Bryan, Brazos County, Texas. Duane Peters County Judge /_9 - y C ena Commisgioner, Precinct 2 Commissioner, Precinct 4 Attest: Karen McQueen County Clerk Vol. 197 pg. j� Lloy assermann Commissioner, Precinct 1 Kenny Mallard Commissioner, recinct 3 r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON L-6 p.a I ` k 200 *AT Q: ( )0, vi Name Organization /Dep .anment S�� I I� Vesz I w 03 nl CL Vol. 197 Pg. �3 i I r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON (�� ,y 2 004AT 16,004M Name Organization /Dep y -,p4ment �uv�,G�t GU v� CL- v vim- %J `SV Vol. 197 Pg. 23 ,I RESOLUTION OF BRAZOS COUNTY COMMISSIONERS COURT RELATING TO APPROVAL OF THE BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION REFUNDING REVENUE BONDS (ST. JOSEPH REGIONAL HEALTH CENTER), SERIES 2014 A WHEREAS, the creation of the Brazos County Health Facilities Development Corporation (the "Issuer') was authorized by a resolution of the Brazos County Commissioners Court ( "Brazos County") on January 11, 1982, in accordance with the provisions of the Health Facilities Development Act, Chapter 221, Texas Health & Safety Code (formerly Article 1528j, V.A.T.C.S.), as amended; and WHEREAS, Section 1.3(c) of the Bylaws of the Issuer provides that as a condition precedent to the issuance of obligations, the Issuer must obtain the approval of the issuance of such obligations by written resolution of the Commissioners Court of Brazos County; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), requires that the Commissioners Court of Brazos County approve the Bonds described below to be issued by the Issuer on behalf of Brazos County, Texas for the purposes set forth in the resolution of the Issuer hereinafter described; and WHEREAS, the Issuer intends to issue its Brazos County Health Facilities Development Corporation Refunding Revenue Bonds (St. Joseph Regional Health Center), Series 2014 A (the "Bonds "), pursuant to the resolution of the Issuer attached hereto as Attachment A and made a part hereof; and WHEREAS, the Bonds are being issued for the purpose of (i) refunding outstanding bonds of the Issuer in advance of their maturities to obtain a debt service savings, and (ii) paying certain issuance costs in connection with the Bonds; and WHEREAS, Brazos County finds and determines it is necessary and advisable that this Resolution be adopted. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS: 1. That the issuance of the Bonds by the Issuer is hereby approved in accordance with the Bylaws of the Issuer. APPROVED AND SUBMITTED this 18th day of February, 2014. ATTESTED by: Vol. 197 Pg. 7 /0 ATTACHMENT A Vol. 197 Pg. O`// RESOLUTION BY THE BOARD OF DIRECTORS OF BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION RELATING TO THE ISSUANCE OF BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION REFUNDING REVENUE BONDS (ST. JOSEPH REGIONAL HEALTH CENTER), SERIES 2014 A WHEREAS, Brazos County Health Facilities Development Corporation (the "Issuer ") has been created and organized in accordance with the provisions of the Health Facilities Development Act, Chapter 221, Texas Health & Safety Code (formerly article 1528j, V.A.T.C.S.) (the "Act'), with powers to provide, expand, and improve health facilities (as defined in the Act); and WHEREAS, the Issuer is authorized by the Act to make secured and unsecured loans for the purpose of providing temporary or permanent financing or refinancing of all or part of the cost of health facilities, and to charge and collect interest on such loans for such loan payments upon such,terms and conditions as the Board of Directors of the Issuer may deem, advisable and as are not in conflict with the provisions of the Act; and WHEREAS, the Issuer is authorized by the Act to issue its bonds, the proceeds of which may be used for the making of a loan in the amount of all or part of the cost of financing or refinancing health facilities and WHEREAS, the Issuer is authorized by the Act to pledge all or any part of the revenues realized from a loan made by the Issuer to finance or refinance in whole or in part health facilities, or any other revenues as may be provided by a user of a health facility, to secure any one or more of the principal payments of bonds authorized under the Act, and the interest and redemption premiums, if any, thereon; and WHEREAS, the Issuer is authorized by the Act to make and execute contracts and other instruments necessary or convenient to the exercise of any of the powers granted in the Act; and WHEREAS, the Issuer is authorized by the Act to have and exercise all powers necessary or appropriate to effect any or all of the purposes for which the Issuer is organized; and WHEREAS, as requested by the Borrower and based upon the Letter of Representation and Indemnification from Sylvania Franciscan Health (formerly known as Franciscan Health Corporation) and the Borrower to the Issuer, of even date herewith, and attached as Exhibit A hereto, the Board of Directors of the Issuer has determined to issue a series of its bonds entitled "Brazos County Health Facilities Development Corporation Refunding Revenue Bonds (St. Joseph Regional Health Center), Series 2014 A" (the "Series 2014 A Bands ") and to loan the proceeds thereof to St. Joseph Regional Health Center for the payment of all or part of the cost of financing health facilities in and around the County of Brazos, Texas and in the State of Texas. 3 Vol. 197 Pg. Z NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION: 1. That, the Board of Directors of the Issuer hereby determines that the refinancing of all or a portion of the Issuer's Sylvania Franciscan Health (formerly known as Franciscan Services Corporation) Obligated Group Revenue Bonds Series 2002, the proceeds of which were used to finance or refinance the cost of the construction, acquisition and equipping of healthcare facilities for St. Joseph Regional Health, to be financed with the proceeds of Series 2014 A Bonds, in an amount not to exceed $27,500,000.00, is needed for the purpose of improving the adequacy, cost, and accessibility of health care, research, and education within the State of Texas. 2. That, the Board of Directors of the Issuer hereby determines that the refinancing is required, necessary, or convenient to the health care, research, and education within the State of Texas. 3. That, the Board of Directors of the Issuer hereby declares its intent to issue the Series 2014 A Bonds and to loan the proceeds thereof to St. Joseph Regional Health Center for the payment of all or a part of the cost of financing or refinancing health facilities in and around the County of Brazos, Texas and in the State of Texas. 4. That, in order to secure the payment of the principal of and interest on the Series 2014 A Bonds, and to prescribe the terms and conditions upon which such Series 2014 A Bonds are to be secured, issued, executed, authenticated, accepted, delivered, and held, the President and Vice- President of the Issuer are hereby authorized and directed to execute, acknowledge, and deliver an Indenture of Trust (Bond Indenture), dated as of March 1, 2014 (the "Series 1014 A Bond Indenture ") and the Secretary or Assistant Secretary of the Issuer is hereby authorized to affix thereto and attest the, corporate seal and acknowledge the same, and said officers of the Issuer are hereby authorized and directed to cause the Series 2014 A Bond Indenture to be accepted, executed, and acknowledged by Wells Fargo Bank Texas, N.A., as trustee (the "Trustee "). 5. That, the form of the Series 2014 A Bond Indenture which constitutes part of this Resolution shall be substantially the form attached hereto as Exhibit B but with such changes therein as the officers of the Issuer executing such document shall approve, their execution thereof being deemed conclusive of their approval of any such changes. 6. That, the issuance of "Brazos County Health Facilities Development Corporation Refunding Revenue Bonds (St. Joseph Regional Health Center), Series 2014 A in the maximum aggregate principal amount not to exceed $27,500,000.00, is hereby authorized with the final amount to be determined by Bank as described below. 7. That, the sale of the Series 2014 A Bonds to Filth Third Bank (the "Bank "), at a private negotiated sale pursuant to a Bond Purchase Agreement between the Issuer and the Bank for cash at the price to be set forth in the Bond Purchase Agreement, plus accrued interest to the date of delivery, upon the other terms and conditions set forth in such Bond Purchase Agreement is hereby authorized, ratified, and confirmed. :I Vol. 197 Pg. 0 �3 8. That, the President or the Vice - President of the Issuer is hereby authorized and directed to execute and deliver the Bond Purchase Agreement, and the Secretary or the Assistant Secretary of the Issuer is hereby authorized to affix thereto and attest the corporate seal of the Issuer and acknowledge the same. That, the form of the Bond Purchase Agreement which constitutes part of this Resolution shall be in substantially the form attached hereto as Exhibit C, but with such changes therein as the officers of the Issuer executing such document shall approve, their execution thereof being deemed conclusive of their approval of any such changes. 9. That, the Bank is hereby authorized to complete the Bond Purchase Agreement to set forth the principal amount, interest rate and price or yield of the Series 2014 A Bonds, subject to the limitations that: (a) the Bond Purchase Agreement as completed shall be approved by the officer of St. Joseph Regional Health Center executing the Bond Purchase Agreement, such approval to be conclusively evidenced by such officer's execution thereof; (b) the aggregate principal amount of the Series 2014 A Bonds shall not exceed $27,500,000.00; and (c) the "net interest cost" with respect to the Series 2014 A Bonds shall not exceed the net interest cost permitted by Section 1204 of the Government Code. 10. That, the President or Vice - President of the Issuer is hereby authorized and directed to execute and deliver the Loan Agreement relating to the Series 2014 A Bonds by and between the Issuer and St. Joseph Regional Health Center dated as of March 1, 2014 (the "Loan Agreement'), and the Secretary or Assistant Secretary of the Issuer is hereby authorized to affix thereto and attest the corporation seal of the Issuer and acknowledge the same. 11. That, the form of the Loan Agreement which constitutes part of this Resolution shall be in substantially the form attached hereto as Exhibit D but with such changes therein as the officers of the Issuer executing such Loan Agreement shall approve, their execution thereof being deemed conclusive of their approval of any such changes. 12. That, the Trustee is hereby appointed as Paying Agent under the Indenture. 13. That, the President or the Vice President of the Issuer is hereby authorized to execute and deliver the Tax Regulatory Agreement dated as of March 1, 2014, among the Issuer, St. Joseph Regional Health Center, and the Trustee described above, and the Secretary or the Assistant Secretary of the Issuer is hereby authorized to affix thereto and attest the corporation seal of the Issuer and acknowledge the same, substantially in the form set forth as Exhibit E hereto, but with such changes as the officers of the Issuer executing such document shall approve, their execution thereof being deemed conclusive of their approval of any such changes. 14. That, the President of the Issuer is hereby authorized to have control of the Series 2014 A Bonds issued hereunder and all necessary records and proceedings pertaining to the Series 2014 A Bonds pending their delivery and the investigation, examination, and approval by the Attorney General of the State of Texas (the "Attorney Generar'), and their registration by the Comptroller of the Public Accounts of the State of Texas. Upon registration of the Series 2014 A Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Series 2014 A Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Series 2014 A Bonds. The approving legal opinion of the Issuer's Bond Counsel and any assigned 5 Vol. 197 Pg. Z� CUSIP numbers may, at the option of the Issuer, be printed on Series 2014 A Bonds or on any Series 2014 A Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Series 2014 A Bonds. 15. That, the officers of the Issuer are hereby authorized to take or cause to be taken all action necessary or advisable in connection with the issuance, sale, and delivery of the Series 2014 A Bonds, including the execution of financing statements, supplemental insurance agreements, certificates, investment instructions, instruments, and documents related thereto, and all such action heretofore taken is hereby ratified and confirmed. 16. That, all orders, resolutions, or other actions or parts thereof of the Board of Directors of the Issuer in conflict herewith are hereby expressly repealed. After the Series 2014 A Bonds are issued, this Resolution shall be and remain unrepealable until the Series 2014 A Bonds and interest thereon shall have been fully paid, canceled, and discharged. 10074352v.1 Vol. 197 Pg. Brazos County Commissioners Court Brazos County Courthouse 200 S. Texas Ave., Ste. 310 Bryan, TX 77803 Re: County Judge and Commissioners: Refunding Revenue Bonds (St. Joseph Regional Health Center), Series 2014 A Pursuant to Section 221.062 of the Health Facilities Development Act, Texas Health & Safety Code (formerly Section 4.03, Article 1528j, V.A.T.C.S.)(the "Act "), the Act under which the Brazos County Commissioners Court created the Brazos County Health Facilities Development Corporation, notice is hereby given that the Brazos County Health Facilities Development Corporation intends to issue the above- captioned bonds (the "Series 2014 A Bonds ") for the purpose of the refinancing of all or a portion of the Brazos County Health Facilities Development Corporation Franciscan Services Corporation Obligated Group Revenue Bonds Series 2002 for St. Joseph Regional Health Center, a Texas non -profit corporation (the "Hospital "), The anticipated size of the proposed issue of the Series 2014 A Bonds is not to exceed $27,500,000.00. The Hospital is located at 2801 Franciscan Drive, Bryan, Texas. The necessity for the issuance of the Series 2014 A Bonds is to help the Hospital realize saving on debt service, which will assist it in the maintenance of public health and the provision of health facilities for the promotion and development of health care, all for the public purpose of promoting the health and welfare of the citizens of Brazos County, Texas, and the citizens of the State of Texas, and for the purpose of improving the adequacy, cost and accessibility of the health care, research and education within this State. The proposed Series 2014 A Bonds will be issued not less than fourteen (14) days from the date of filing of this letter. 'Tat{ � ft,iling 10073463v.1 Sincerely, BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION By: Kenny Mallar& lPresident February 18. 2014 Vol. 197 Pg. �,7 qe�6 GENERAL CERTIFICATE OF BRAZOSCOUNTY We, the undersigned officers of the Commissioners Court of Brazos County hereby certify that: 1. The Commissioners Court of said County convened in SPECIAL TERM ON THE 18th DAY OF FEBRUARY, 2014, at the designated meeting place, and the roll was called of the duly constituted members of said Commissioners Court, to -wit: Duane Peters, County Judge Sammy Catalena Kenny Mallard Lloyd Wassermann Irma Cauley and all of said persons were present, except the following absentees: N/A and N/A , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION OF BRAZOS COUNTY COMMISSIONERS COURT RELATING TO THE APPROVAL OF THE BRAZOS COUNTY HEALTH FACILITIES DEVELOPMENT CORPORATION REFUNDING REVENUE BONDS (ST. JOSEPH REGIONAL HEALTH CENTER), SERIES 2014 A was duly introduced for the consideration of said Commissioners Court and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of said Commissioners Court shown present above voted "Aye" NOES: -0- ABSTENTIONS: -0- 2. A true, full, and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached hereto as Exhibit A; said Resolution has been duly recorded in said Commissioners Court minutes of said Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from said Commissioners Court minutes of said Meeting pertaining to the adoption of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said Commissioners Court as indicated therein; and each of the officers and members of said Commissioners Court was duly and sufficiently notified, officially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting and that said Resolution would be introduced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and said Meeting was 9976260v.6 General Certificate of Brazos County -I- Vol. 197 Pg. Z. �% open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Chapter 551 of the Texas Government Code. 3. A true, correct, and accurate copy of the information filed by the Brazos County Health Facilities Development Corporation (hereinafter called the "Corporation ") with the Commissioners Court of said County on the 18th day of February, 2014, pursuant to Section 221.062 of the Health Facilities Development Act, related to the issuance of the Brazos County Health Facilities Development Corporation Refunding Revenue Bonds (St. Joseph Regional Health Center), Series 2014 A (hereinafter called the "Bonds "), is attached hereto as Exhibit B. 4. True, correct, and accurate copies of the resolution(s) of the Commissioners Court of Brazos County approving the bylaws of the Corporation and all amendments thereto, if any, are attached hereto as Exhibit C. 5. According to the official records of the Commissioners Court of said County, the current directors of the Corporation appointed by such Commissioners Court are: Duane Peters, Kenny Mallard, Irma Cauley, Sammy Catalena and Lloyd Wassermann. 6. No action has been taken by the Commissioners Court of said County pursuant to Section 221.035 of the Health Facilities Development Act or otherwise to limit the effectiveness of the resolution adopted by the Board of Directors of the Corporation authorizing the issuance of the Bonds or affect the transaction represented by the Bonds. 7. The Attorney General of the State of Texas (the "Attorney Generar') is hereby authorized to date this certificate on and as of the date of his approval of the Bonds, and this certificate and the matters herein certified shall be deemed for all purposes to be true, accurate, and correct on and as of that date, and on and as of the Closing Date, unless an authorized officer of Brazos County shall notify the Attorney General, the Trustee for the Bonds, and the Corporation in writing or by telephone, telegraph, or telecopier to the contrary prior to either of such dates. the _ day of 2014. D&W Peters, County TOV, Commissioners Court 9976260v.6 General Certificate of Brazos County -2- Vol. 197 Pg. Z� §k �k � |� ! | |} � .� :k« 2!! ! ƒi u < / § � i k f @ � / / \/ \ 3 \ \ / k�\ !)/ % k � / � ) § &wnem�� � f k � . ■ f ■ ! ; k � | � \ \ % \ 7 ƒ \ / � * * f / / k k \ ° ± / \ \ $ / u u § j§ r r) $ } )ƒ ■ j § � - 9�Amp• �.. � \ CL ,A ) ■ § ( , ( . ((d� ;z�� u up); ! \ � :k« 2!! ! ƒi u < / § � i k f @ � / / \/ \ 3 \ \ / k�\ !)/ % k � / � ) § &wnem�� � f k � . ■ f ■ ! ; k � | � \ \ % \ 7 ƒ \ / � * * f / / k k \ ° ± / \ \ $ / u u § j§ r r) $ } )ƒ ■ j § � - 9�Amp• �.. � \ CL ,A ) ■ § ( , it AGREEMENT BETWEEN COUNTY AND ENGINEER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. THIS AGREEMENT is made on the 18 day of February , 2014, Between the COUNTY: BRAZOS COUNTY, TEXAS c/o Brazos County Commissioners' Court Attention: County Judge 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 and the ENGINEER: Mitchell & Morgan 511 University Dr. East, Ste. 204 College Station TX 77840 for the following PROJECT: Professional Engineering and Surveying Services for review and recommend modifications to the County subdivision regulations The COUNTY and ENGINEER agree as set forth below. ARTICLE I ENGINEER'S RESPONSIBILITY 1.1 ENGINEER'S SERVICE 1.1.1 The ENGINEER'S services consist of those services performed by the ENGINEER, ENGINEER'S employees and the ENGINEER'S consultants as enumerated in Articles 2 and 3 of this Agreement. 1.1.2 The ENGINEER'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. The ENGINEER shall submit for the COUNTY'S approval a schedule for the performance of the ENGINEER'S services which may be adjusted as the Project proceeds and shall include allowances for periods of time Agreement Between Comity and Engineer Vol. 197 Pg. Pap I of 10 �-S� required for the COUNTY'S review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the COUNTY shall not, except for reasonable cause, be exceeded by the ENGINEER or the COUNTY. ARTICLE II SCOPE OF ENGINEER'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The ENGINEER'S Basic Services consist of those described in attached Exhibit "A" and incorporated by reference hereto — SCOPE OF BASIC SERVICES TO BE PROVIDED BY Mitchell & Morgan , TO BRAZOS COUNTY. ARTICLE III ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in attached Exhibit "A" as Additional Services are not included in the Basic Services. It is expressly understood and agreed that ENGINEER shall not furnish any of the additional services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such additional services, which have been performed without the prior written authorization of the COUNTY as herein above provided. 3.1.2 Services which could possibly be required, but at the time of this Agreement were yet to be determined and which are not included in the Basic Services or Additional Services as identified and described in EXHIBIT "A ", shall be considered Contingent Additional Services. A list of possible Contingent Additional Services that could be needed as the Project proceeds is included at the end of Exhibit "A." 3.1.3 It is expressly understood and agreed that the ENGINEER shall not furnish any of the Contingent Additional Services without the prior written authorization of the COUNTY or the COUNTY'S designee. The COUNTY shall have no obligation to pay for such Contingent Additional Services, which have been performed without the prior written authorization of the COUNTY as herein above provided. ARTICLE IV COUNTY'S RESPONSIBILITY 4.1 The COUNTY shall provide full information regarding requirements for the Project, including a program, which shall set forth the COUNTY's objective, schedules, constraints and criteria. 4.2 The COUNTY shall establish and update an overall budget for the Project, including the Construction Cost, the COUNTY'S other costs and reasonable contingencies related to all of these costs. Agreement Between County and Engineer Z-5-1 Page 2 of 10 Vol. 197 Pg. 4.3 The COUNTY shall designate a representative authorized to act on the COUNTY'S behalf with respect to the Project. The COUNTY, or such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the ENGINEER in order to avoid unreasonable delay in the orderly and sequential progress of the ENGINEER'S service. 4.4 The COUNTY shall give prompt written notice to the ENGINEER if the COUNTY becomes aware of any fault or defect in the Project or non - conformance with the contract documents. Any delay by the COUNTY in providing said notice shall not constitute a waiver, a bar or act to estop the COUNTY from exercising any of its rights under this contract. 4.5 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as the COUNTY deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. 4.6 The proposed language of certificates or certifications requested of the ENGINEER or the ENGINEER'S consultants shall be submitted to the ENGINEER for review and approval at least 14 days prior to execution. The COUNTY shall not request certifications that would require knowledge or services beyond the scope of this Agreement. 4.7 The COUNTY shall also provide those specific items identified in the attached Exhibit A incorporated by reference hereto — ITEMS TO BE PROVIDED BY THE COUNTY TO THE ENGINEER. ARTICLE V CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or estimated cost to the COUNTY of all elements of the Project designed or specified by the ENGINEER. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the COUNTY and equipment designed, specified, selected or specially provided by the ENGINEER, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the work during construction. 5.1.3 Construction Cost does not include the compensation of the ENGINEER and the ENGINEER'S consultants, the costs of the land, right -of -way, financing or other costs which are the responsibility of the COUNTY. 5.2 RESPONSIBILITY FOR CONSTRUCTION COSTS 5.2.1 Evaluations of the COUNTY'S Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the ENGINEER, represent the ENGINEER'S best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the ENGINEER nor the COUNTY has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, Agreement Between County and Engineer Page 3 of 10 Vol. 197 pg. ZSz or over competitive bidding, market or negotiating conditions. Accordingly, the ENGINEER cannot and does not warrant or represent that bids or negotiated prices will not vary from the COUNTY'S Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the ENGINEER. ARTICLE VI USE OF ENGINEER'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The COUNTY shall be the absolute and unqualified owner of all drawings, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement by the ENGINEER with the same force and effect as if the COUNTY prepared same. Copies of complete or partially completed mylar reproducible, preliminary layouts, record drawings, sketches and other documents prepared pursuant to this Agreement shall be delivered to the COUNTY when and if this Agreement is terminated or upon completion of this Agreement, whichever occurs first. The ENGINEER may retain one set of reproducible copies of the documents and these copies shall be for the ENGINEER'S sole use in preparation of studies or reports for the COUNTY. The ENGINEER is expressly prohibited from selling, licensing, or otherwise marketing or donating these documents, or using the documents in preparation of other work for any other client, without the prior express written permission of the COUNTY. 6.2 All documents including reports, drawings and specifications prepared by the ENGINEER pursuant to this Agreement are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purposes intended will be at the COUNTY'S sole risk and without liability or legal exposure to the ENGINEER. Any such verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the COUNTY and the ENGINEER. 6.3 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the ENGINEER'S reserved rights. ARTICLE VII TERMINATION, SUSPENSION OR ABANDONMENT 7.1 This Agreement may be terminated by either party upon not less than fourteen (14) days written notice should the other party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 7.2 If the COUNTY suspends the Project for more than thirty (30) consecutive days, the ENGINEER shall be compensated for services performed prior to notice of such suspension. 7.3 This Agreement may be terminated by the COUNTY upon not less than fourteen (14) days written notice to the ENGINEER in the event that the Project is permanently abandoned. If the COUNTY abandons the Project for more than ninety (90) consecutive days, the ENGINEER may terminate this Agreement by giving written notice. Agreement Between County and Engineer Page 4 of 10 Vol. 197 Pg. 0 7.4 If the COUNTY fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, the ENGINEER may, after giving seven (7) days written notice to the COUNTY, suspend services under this Agreement. 7.5 Failure of the COUNTY to make payments to the ENGINEER in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.6 If the COUNTY fails to make payment when due to the ENGINEER for services and expenses, the ENGINEER may, upon seven (7) days written notice to the COUNTY, suspend performance of services under this Agreement. Unless the ENGINEER receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services, the ENGINEER shall have no liability to the COUNTY for delay or damage caused by the COUNTY because of suspension of services. 7.7 In the event of termination that is not the fault of the ENGINEER, the ENGINEER shall be compensated for services performed prior to termination, together with Reimbursable Expenses, if any, then due. ARTICLE VIII MISCELLANEOUS PROVISIONS 8.1 Unless otherwise provided, this Agreement shall be governed by the law of the principal place of business of the COUNTY. Venue for any dispute or disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. 8.3 The COUNTY and the ENGINEER, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ENGINEER shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ENGINEER and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the COUNTY and the ENGINEER. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the COUNTY or the ENGINEER. 8.6 Unless otherwise provided for in this Agreement, the ENGINEER and the ENGINEER'S consultants have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. Agreement Between County and Engineer Page 5 of 10 Vol. 197 Pg. 0-5-e 8.7 The ENGINEER shall have the right to include representations of the design of the Project, including photographs, among the ENGINEER'S promotional professional materials. The ENGINEER'S materials shall not include the COUNTY'S confidential or proprietary information, if the COUNTY has previously advised the ENGINEER in writing of the specific information considered by the COUNTY to be confidential or proprietary. 8.8 COMPLIANCE AND STANDARDS. The ENGINEER agrees to perform the work hereunder in accordance with generally accepted standards applicable thereto, and shall use that degree of care and skill commensurate with the engineering profession to comply with all applicable state, federal and local laws, ordinances, rules and regulations relating to the work to be performed hereunder and the ENGINEER'S performance. 8.9 SURVEYING SERVICES: In accordance with the Professional Land Surveying Practices Act of 1989, the COUNTY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 North Lamar, Suite 400, Austin, Texas 78752, (512) 452 -9427. 8.10 INDEMNIFICATION: ENGINEER shall save and hold harmless the COUNTY from and against any and all claims and liability due to activities of the ENGINEER, its agents or employees, performed under this Agreement and which result from any negligent act, error, or omission of the ENGINEER, or of any person employed by the ENGINEER. The ENGINEER shall also save harmless the COUNTY from and against any and all expenses, including attorney's fees which might be incurred by the COUNTY in litigation, or otherwise, resisting said claims or liabilities which might be imposed on the COUNTY as the result of such activities by the ENGINEER, its agents or employees. 8.11 LIQUIDATED DAMAGES: It is acknowledged that the ENGINEER's failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the COUNTY to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the COUNTY of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the ENGINEER agrees that liquidated damages may be assessed and recovered by the COUNTY as against ENGINEER and its Surety, in the event of delayed completion and without the COUNTY being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore ENGINEER shall be liable to the COUNTY for payment of liquidated damages in the amount of $0 for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and ENGINEER shall pay them to COUNTY without limiting COUNTY's right to terminate this agreement for default as provided elsewhere herein. ARTICLE IX PAYMENTS TO THE ENGINEER 9.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES Agreement Between County and Engineer Page 6 of 10 Vol. 197 Pg. �S S 9.1.1 Upon approval by the COUNTY, or the COUNTY'S designee, payment for Basic Services shall be made monthly and shall be in proportion to services performed that month within each phase of service. 9.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 9.2.1 Upon approval by the COUNTY or the COUNTY'S designee of the ENGINEER'S statement of services rendered or expenses incurred, payment on account of the ENGINEER'S Additional Services and for Reimbursable Expenses shall be made monthly. 9.3 PAYMENTS WITHHELD 9.3.1 No deductions shall be made from the ENGINEER'S compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors, or on account of the cost of changes in the Work other than those for which the ENGINEER has been found to be liable. 9.4 ENGINEER'S ACCOUNTING RECORDS 9.4.1 Records of Reimbursable Expenses pertaining to Additional Services and services performed on an hourly basis shall be available to the COUNTY or the COUNTY'S authorized representative at mutually convenient times. 9.5 LIMIT OF APROPRIATION 9.5.1 Prior to the execution of this Agreement, the ENGINEER has been advised by the COUNTY and the ENGINEER fully understand and agrees, such understanding and agreement being of the absolute essence to this Agreement, that the total maximum compensation that ENGINEER may become entitled to hereunder, and the total maximum sum that the COUNTY shall become liable to pay to the ENGINEER hereunder, shall not, under any conditions, circumstances or interpretations hereof, exceed the sum certified as available by the County Auditor in the Auditor's Certificate attached hereto. ARTICLE X BASIS OF COMPENSATION The COUNTY shall compensate the ENGINEER from funds obtained through current revenue of Brazos County as follows: 10.1 BASIC COMPENSATION 10.1.1 For Basic Services, as described in Article 2, Basic Compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. Agreement Between County and Engineer Page 7 of 10 Vol. 197 Pg. Z�� 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 For Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3 COMPENSATION FOR CONTINGENT ADDITIONAL SERVICES 10.3.1 For Contingent Additional Services of the ENGINEER, as described in Article 3, compensation shall be computed as follows: In accordance with the attached Exhibit "A" incorporated by reference hereto, SCHEDULE OF FEES. 10.3.2 Payments shall be made by the COUNTY in accordance with Texas Government Code Chapter 2251. The COUNTY shall pay the ENGINEER'S statement as approved by the COUNTY's designee within thirty (30) days after the COUNTY'S designee's approval of the same, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by the ENGINEER to the point indicated by such statement or of receipt or acceptance by the COUNTY of the work covered by such statement. ARTICLE XI OTHER CONDITIONS OR SERVICES 111 INSURANCE 11.1.1 The ENGINEER shall file with the COUNTY a Certificate of Errors and Omissions Insurance having minimum limits of One Million and No /100 Dollars ($1,000,000.00) for each occurrence and annual One Million and No /100 Dollars ($1,000,000.00) aggregate. Such Errors and Omissions Insurance shall have a deductible not in excess of Two Hundred Thousand and No /100 Dollars ($200,000.00) self - insured. Such Certificate shall bear the endorsement 'Riot to be canceled without thirty (30) days prior notice to BRAZOS COUNTY, TEXAS." The ENGINEER shall maintain the Errors and Omissions Insurance at all times this Agreement is in effect and for a period of five (5) years after completion of the Project. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.1.2 The ENGINEER shall also provide Worker's Compensation, automobile and comprehensive general liability policies. The ENGINEER shall deliver the insurance certificates to the COUNTY. The coverage provided herein shall contain an endorsement providing thirty (30) days notice to the COUNTY prior to any cancellation of coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. If the ENGINEER has canceled or allowed to lapse any of these insurance policies then the COUNTY may pay for such insurance and may hold the amount of such payment out of the ENGINEER's fees or be otherwise reimbursed. Failure to maintain the required insurance shall be deemed to be a material breach of this Agreement. 11.2 PERIODS OF SERVICE Ag=nent Betwm County and Engineer page 8 of 10 Vol. 197 pg. �j% 11.2.1 The ENGINEER shall begin work immediately upon receipt of the Notice -to- Proceed in writing by the COUNTY or the COUNTY's designee. The project will proceed according to the schedule shown in Exhibit "A." The schedule makes certain assumptions regarding review processes and other activities that are beyond the control of the ENGINEER. 11.2.2 Working days shall be defined as standard workdays between Monday and Friday, exclusive of holidays. 11.2.3 This schedule assumes an orderly progression of the ENGINEER'S services. Delays beyond the control of the ENGINEER may be cause for extension of this period of service, in which case the ENGINEER shall submit in writing to the COUNTY its request for such extensions a minimum of thirty (30) calendar days prior to the end of the affected service period. 11.2.4 If the COUNTY has requested significant modifications or changes in the general scope, extent or character of the Project, the time or performance of the ENGINEER'S services shall be adjusted equitably. Agreement Between County and Engineer 'z ✓ U Page 9 or 19 Vol. 197 Pg. This Agreement entered into as of the day and year first written above. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution extending said authority have been duly passed and are now in force and effect. COUNTY, TEXAS Duane Peters, County Judge Acting by and through the authority of the Brazos County Commissioners Court Attest: Approved as to Form: sista Attorney Agreement Between Cowry and Engineer ENGINEERING FIRM Vol. 197 Pa. 0-37 Page 10 of 10 1�Ir BRAZOSCOUNTY ROAD & BRIDGE DEPARTMENT 2617 W. Hwy 21 Bryan, Texas 77803 (979) 822 -2127 CONSULTANT PROPOSAL FORM Date: of/Wm Project /Limits: l3ra?os County Subdivision & Development Reg lu ations Scope: A. Study — Draft Document H. Presentation to Commissioners Court C. Public Hearing D. Final Document Project No.: 2Qia -ooiPS BASIC FEE Contract Type: Stud & Report Preliminary (40 %) El Design (4o %) E] Contract (5 %) ❑Construction (15 %) ❑ Construction Estimate with 15% contingency (does not include Traffic Signals, Traffic Control, SWPPP, and Railroad Crossings). $000.000.00 Basic Fee per this Contract: Fixed Fee $ TOTAL FEE FOR PROJECT 00001151 0 • • Additional Services $000.000,00 Vol. 197 Pg. DESIGN CRITERIA The following criteria shall be used and referenced in development of Subdivision Regulations: • Texas Local Government Code • County Powers and Duties — Texas Attorney General's Office • TxDOT Standard Specifications, 2004 • TxDOT Hydraulic Manual • B /CS United Design Guidelines for Drainage pRn ECT HISTORY /BACKGROUND This project consists of the development and implementation of Brazos County Subdivision and Development Regulations. The current regs in use by County were implemented in 2000. A review and update utilizing current laws, policies and specifications is needed. An emphasis on drainage criteria, storm water management, pavement design standards, traffic impact analysis requirements and maintaining countywide transportation mobility with development is desired. Implementation of fees by Brazos County which are in -line with similar counties undergoing urbanization will be needed. SCOPE OF SERVICES It is the County's intent that the design firm be involved for the full duration of the preliminary draft development, preparation of the Commissioners Court through Workshop Sessions, public hearing and comment; education of development community (including City partners) and final implementation of the regulations. Basic services to include the following: r) Study and Preliminary Draft a) Collect all applicable data and pertinent law to develop a draft set of Subdivision Regulations for review by County. Subdivision Regulations will be of similar detail as examples provided by County Engineer. b) Attend a preliminary workshop with the County Commissioners Court to discuss the project including introduction of the project team, discussion of additional data requirements and alternatives to be considered. 2) Public Outreach and Public Hearing a) Agency Coordination —Submit the revised draft to the appropriate entities, and comply with any needed public hearings, comments needed to make draft into a final order to be implemented by County. 3) After implementation — provide plat reviews, review of drainage reports, TIA's and Pavement Designs on an On -Call Basis. Vol. 197 Pg. Z( / MITCHELL January 15, 2014 R. Alan Munger, PE, CFM MORGAN Brazos County Road & Bridge 2817 W. HWY 21 Bryan, Texas 77803 Re: Proposal for an Update to the Brazos County Subdivision and Development Regulations Dear Alan, Thank you for the opportunity to propose professional services for the Update to the Brazos County's Subdivision and Development Regulations. Please see below for our itemized response to your requested questions regarding this project: We understand that Brazos County is ready to move forward immediately with this project. Mitchell & Morgan, LLP currently has several projects that we are working on or starting in the near future. Our firm's total current workload is approximately 65% capacity, while Veronica Morgan, the specific Project Manager for this project, has a workload of 80 %, leaving 40% of her time available for this project. We are confident we have the available time and resources to complete this project within a reasonable timeframe, especially with the addition of Natalie Ruiz, a senior planner with IPS Group. This is discussed below in regards to changes to our original submitted team. Below is an itemized list of our major projects that are currently underway, some nearing completion or will start design soon: a. Brazos County Tax Office — Office — Nearing Completion b. Brazos County Mikulin Road - Roadway c. Northpoint Crossing Phase II — Mixed use development d. Pappadeaux's - Restaurant e. The Domain at Northgate — Mixed use development f. St. Joseph ED — Hospital Addition g. Copper Fails — Office h. Lakeway / Barron PER — Roadway Engineering Report — Nearing Completion i. Strategic Behavorial Health — Hospital / Office — Nearing Completion j. Aon Fire Sprinkler Modifications — Texas A &M University Renovations k. CSISD Elementary#9 I. 1 & GN - Drainage 2. There is one change that we would like to implement from our original Statement of Qualifications (RFO #2013 -39). This is the addition of a Senior Planner to our team for this project. We would like to utilize IPS Group, a notable planning firm in the Bryan /College Station area that has extensive professional experience in S i UNIVERSITY DRIVE EAST, SURE 104 • CCILLEGE STATION, T% 77640 • T 979260 6963 • : 979160 3564 CNILIMGINLIRING I MYDRAUICl MYMMMY - MMS - MM 9 +11AM5 • RILmY ad WoOmd[hNlandmargmwm • , ma iellandmorgan mm Vol. 197 Pg. �'�Z- comprehensive planning, subdivision regulations, code development and public involvement as well as development processing and project management. We feel that one potential challenge in timeframe for completion of attached ScopeTmeframe/ that may effect this timefram City of College Station, all ample time to review the modifications. completing this project is the expected lished this timeframe in the ere are several challenges with the City of Bryan, the County's legal department and department regulation April. We have accomp Fee exhibit, however, th e, such as coordinating while providing Brazos proposed subdivision 4. Mitchell & Morgan, LLP does not currently have nor foresee any potential conflicts of interest in regards to completely this project for Brazos County. We have attached a document outlining the task timeframes, fees and payment schedule for this project. It provides our fee schedule, monthly payment schedule and projected timeline for this project. Our standard hourly rates are shown below. Hourly Rates: Sr. Professional Engineer — Development Coordinator $150 1hr Sr. Professional Design Engineer $110 /hr Sr. Planner $100 1hr EIT $95 /hr Drafting $65 /hr Administrative $55 /hr Invoices will be submitted monthly based on work completed during that month. We do require a written Notice to Proceed in order to begin work. We look forward to working with you on this project. in erely, Gl��iljv Veronica J. . Mo PE, CFM Managing Partner Cc: File Attachment - Proposal ScopeTmeframe /Fee Exhibit Vol. 197 Pg. - -�- Brazos County Subdivision Regulation Modifications Review Other County Regulation Research (already compiled) Review with Health Department Regulations to assure concurrence Review Land SubdiAslon: A Practical Guide for Central Texas Identify Items to be modiffed /updated Compare Fee Structure to other Counties Separate Design Guidelines from Subdivision Regulations RessarchiRecommend Drainage Criteria addition Research simplified plat process Research adding TIA analysis to regulations Review Floodplain Ordinance Attend Commissioners Court workshop to discuss Prallminary draft preparation Review of Proposed Regulations with County Atty Modifications per comments Prepare DesIgn Guidelines preparation Review Pavement Regulations Preliminary draft Review Meetings with City of Bryan Review Meetings with City of College Station Public Meeting to dlscuse proposed regulations Compile Results from Public Meeting and Incorporate Preparation of Final Regulations Meeting with Commissioners Court to Adopt final Regulations 19-Apr Preparation of Final Design Guidelines Meeting with Staff to Discuss Final Design Guidelines Modlficatfons per comments 194YOWIRS10: t � 1 -Mar $14,898.00 1 -Apr $21,040.00 1 -May $10,930.00 TOTAL $48,888.00 Vol. 197 Pg. January 31, 2014 Brazos County Purchasing Department 204, Qtg1R40iAS A HONE (979 � 361 FEB �p2�' SUITE 352 BRYAN, TX 77803 i0 FAX (979) 3614293 Austin White Lime Phone: 1- 800 -553 -5463 PO Box 9556 Fax: Austin, TX 78766 Email: jwright @austinwhitelime.com Attn: Jason Wright Re. Renewal of Contract for Lime - 2014 -43R previously known as 1013 -44R & 1011 -14 Brazos County appreciates the quality work your company has provided and would like to exercise the renewal option for Lime - 1014 -43R previously known as 2013 -44R & 2011 -24. All terms, conditions, and pricing shall remain the same. This renewal will be for one year and will start March 9, 2014 through March 8, 2015. To accept the renewal option, please fill out the information and sign below. Return the signed documents by email to arultedge @co.brazos.tx.us or fax to (979) 3614293. Please then submit the original signed documents and an updated Certificate of insurance by mail to the address listed above. Please return acceptance as soon as possible. If you have any questions, I may be reached at (979) 3614269. Contact Name: _] G�c!\ Telephone: roo' S- Y3. 'y t-Ct kt seR. • Ca-'k AUSTIN W( H�ITTEELIME � An orized Signature i BRA OS UNTY Duane Peters, County Judge Vol. 197 pg. 5�i �- . 3 a L , IZ2d Date Date Vol. 197 Pg. zz 6 N� d J Y t t W F y e 7 �+ Q ,a' z O a v z W O U W w O °o N W 2 N p J Z z O O O O T ` ` m r a a O C6 o O p O O = o 2 cc 4= 06 O N W OG F- d 69 E9 N z V Q Z 0_ N C H U) W LU LU ca p 3 J O p cV o a a Q x W rn o z C3 Z z O z Z w ° O �' w� O p 7 Z O w w w °w w w (W7 m •° p a uJ a o CL a>i M m LUX ¢� w �� � �� � �g Ix w wo >> O w o> w �= LL o D o 0 i o 0 o � U o o W ui 1 N J O H 0 LU Vol. 197 Pg. zz 6 N� d J Y t t W F y e 7 �+ Q ,a' z O a v z W O U W w O °o N II: w 7A11n 1AALISTRMHI ACORD,. CERTIFICATE OF LIABILITY INSURANCE DAT OYYW) 02/06/206/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the eertifleate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). WOOL BUBR POLICY EFF OLICY EXP LNra TYPE OF INSURANCE POLICY NUMBER MMMDIYYYY MMIDD/YYYYj CONTACT NAME: PRODUCER Wortham Insurance & Risk Mgt PNC NHONE o E a1r 512 453.0031 Fick Not: 512 E.MAIL ADOR 221 West 6th St #1400 INSURERS AFFORDING COVERAGE NAICY Austin, TX 78701 512 453.0031 INSURER A: Pacific Indemnity Company 20346 INSURED Austin White Lime Company INSURERS: Federal Insurance Company 20281 INSURER C: GEN'L AGGREGATE LIMIT APPLIES PER INSURER O: _ POLICY PRO- LOC 74970769 4/0112013 04/01/201 P. O. Box 9556 I INSURER E: BODILY INJURY (Per person) f Austin, TX 78766 -9556 INSURER F: ce. ALL OWNED SCHEDULED AUTOS AUTOS PROPER DAMAGE S COVERAGES GCKI IrILA l c"VNIO'n: -- - - - - -- - BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED, NOTWITHSTANDING ANY REQUIREMENT, AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, WOOL BUBR POLICY EFF OLICY EXP LNra TYPE OF INSURANCE POLICY NUMBER MMMDIYYYY MMIDD/YYYYj LIMITS I A GENERAL LUMITY 35790900 4101/2013 0410112014 EEAACHHOECCTURgRENCE S11,0001000 PRh�91 ESE ENCEre m 1 $11,000,000 COMMERCIAL GENERAL LIABILITY MEU EXP (my one penon) $10000 CLAIMS -MADE OCCUR X BI /PD Ded:25000 PERSONAL S ADV INJURY f 1,000 000 GENERAL AGGREGATE 62,000,000 PRODUCTS- COMP'OP AGO $2,000000 GEN'L AGGREGATE LIMIT APPLIES PER S _ POLICY PRO- LOC 74970769 4/0112013 04/01/201 COAIBI NED SINGLE LIMIT 1,000,000 EaeoddeM) B AUTOMOBILE LIABILITY BODILY INJURY (Per person) f X MY AUTO I BODILY INJURY (Per scdden0 f ALL OWNED SCHEDULED AUTOS AUTOS PROPER DAMAGE S �I NON -0WNEO I ware cci em HIREDAUTOS I AUTOS S EACH OCCURRENCE f UMBRELLA LIAR OCCUR AGGREGATE f EXCESS LIAR CLAIMS -MADE WCSTATU- OTH- TORY t MITS ER S IDED RETENTIONS IWORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT f ANY PROPRIETORIPARTNEIVEXECUTIVEO OFRCER)MEMBER EXCLUI NIA El. DISEASE - EA EMPLOYEE f EL DISEASE - POLICY LIMIT S (Mandatary In NH) H yea. deacribeunder DESCRIPTION OF OPERATIONS below 06618486 410112013 04/01/201 Per Occurrence B Truck Cargo Limit: $90,000 JMotor Deductible: $4,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AMCh ACORD 181, Addllbnal R&MAS SeMdUW. a.,. apace Is nauind) Forms and Endorsements Schedule: - General Liability Blanket Transfer or Waiver of Rights of Recovery Against Others Form 42 -02 -1661 (Ed. 10 -01) Aggregate Limits of insurance Per Location Form 80 -02 -2319 (Rev. 4 -01) For Insureds Conduct Form 42 -02 -1678 (Ed. 10 -01) Who is An Insured Designated Person or Organization (See Attached Descriptions) Brazos County Purchasing Office Brazos County Courthouse Suite 117 Bryan, TX 77803 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Arnen PM..1R1TInM- All ohls reserved ACORD 25 (2010!05) 1 of 2 The ACORD name and logo are registered marks of ACORD 14LJT #S4347261M392366 Vol. 197 Pg. DESCRIPTIONS (Continued from Page 1) I Notice of Cancellation to Scheduled Persons or Organizations Form 80 -02 -9780 (Ed. 3 -11) Automobile Broad Form Endorsement Form 16-02 -0292 (Ed. 4 -11) 2 of 2 #S434726/M392366 Vol. 197 Pg. 2-ek . INVITATION TO BID FIRE PANEL AND SMOKE DETECTOR INSPECTIONS ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT 200 South Texas Ave, Suite 352 Bid Request No. 2014 -25 Bryan, Texas 77803 Page 1 of 14 Pages Telephone (979) 361 -4294 Bids will be received at the Brazos County Administration Building, Purchasing Department, 200 South Texas Ave Suite 352, Bryan, Texas until 2.00 p.m Tuesday. February 4, 2014, at which time bids will be publicly opened and read aloud. A. SCOPE OF BID Bids are solicited for furnishing the merchandise, supplies, service, and /or equipment set forth in this bid request for a two (2) year period beginning February 18 2014 December 31, 2016 in accordance with the following Conditions of Bidding. B. CONDITIONS OF BIDDIN G The following instructions apply to all bids and become a part of terms and conditions of any bid submitted to the Brazos County Purchasing Office, unless otherwise specified elsewhere in this bid request. All bidders are required to be informed of these Terms and Conditions and will be held responsible for having done so: 1. Definitions: In order to simplify the language throughout this bid, the following definitions shall apply: a. BRAZOS COUNTY - Same as County. b. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. c. CONTRACT - An agreement between the County and a Supplier to famish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. d. CONTRACTOR - The successful Bidder(s) of this bid request. e. COUNTY - The government of Brazos County, Texas and its authorized representative. f. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this bid request. g. SUPPLIER - Same as Contractor. 2. Upon acceptance and approval by the Commissioners' Court, this bid effects a working contract between Brazos County and the successful bidder for the period designated. 3. Bids must be received by the Purchasing Office prior to the time and date specified. The mere fact that the bid was dispatched will not be considered; the Vol. 197 Pg. Z� % bidder must have the bid actually delivered. 4. The County reserves the right to accept or reject in part or in whole, any bids submitted, and to waive any technicalities for the best interest of the County. 5. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential bidder. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any bid that does not fully respond to each specified item. 7. Bidder must include Employer Identification Number for the bid to be valid. 8. Should there be a change in ownership or management; the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable and may not be reassigned by either party. 9. The County may cancel this contract at any time for any reason, provided a thirty- day written notice is given. 10. The bid award shall be based on, but not necessarily limited to, the following factors: a. Unit price b. Extended price C. Special needs and requirements of Brazos County d. Results of testing samples (if required by Brazos County) C. Delivery f. References g. Brazos County's experience with products bid h. Vendor's past performance record with Brazos County. 11. Although the cost of products to be provided is an essential part of the Bid, Brazos County is not obligated to award a contract on the sole basis of cost but will award to vendor considered to be the best value to Brazos County. 12. Acceptance of merchandise, work, and /or equipment provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 13. Title and Risk of Loss of the goods shall not pass to Brazos County until the County actually accepts and takes possession of the goods at the point or points of delivery. 14. This agreement shall be governed by the Uniform Commercial Code as adopted in the State of Texas as effective and in force on the date of this agreement. Vol. 197 Pg. Z 70 15. Bids must be submitted on quantities and units of measure specified by the bid documents. In the event of errors in extended prices the unit price shall govern. Any suggested change in quantity on the part of the bidder to secure better price or delivery is welcomed and may be given consideration provided that the bidder also bids on the quantity specified. 16. Bids must specify the number of consecutive calendar days required to deliver the commodities under normal conditions. Failure to specify delivery time will be considered reason enough to cause the bid to be disregarded. Delivery time quoted will be given consideration in awarding orders. If delivery is not made within a reasonable time of the specified delivery in the bid, the entire order or contract may be canceled and the bidder barred from quoting in future bids. 17. Bids cannot be altered after receiving time. No bid may be withdrawn after opening time without acceptable reason and with the approval of the Purchasing Agent. 18. Bids must be submitted on this form and returned in a sealed envelope clearly marked with Vendor Name and Bid Number to ensure proper recognition upon its arrival. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch, nor will a bid be considered if submitted to any other person or department other than specifically instructed. Bids received after the expressed date and time listed in this bid will be returned unopened to the vendor. Bids submitted by any other person or department other than the Brazos County Purchasing Department will not be accepted. 19. If vendor in receipt of notice is unable to bid, the bid should be submitted as a "No Bid" and returned to the Purchasing Department before opening time. This is necessary if vendor wants to remain on vendor list and receive future bid notifications. 20. Bids must show full firm name, mailing address and telephone number and be manually signed by an authorized sales or quotation representative of the bidder. Firm name and authorized signature shall appear in each space provided. 21. In the event of a needed change in the specifications sent to the bidder, it is understood that all the foregoing terms shall apply to the addendum or addenda. 22. It is our policy not to furnish bid results over the phone. Bid results and tabulation sheets will be posted on the Brazos County web site; Brazos Valley Online Bidding System (www.brazosbid.cstx.gov) after bid award by Commissioner's Court. 23. Brazos County reserves the right to extend this contract annually for a maximum of three (3) additional one (1) year periods with no changes in the terms or conditions of this contract, if agreed upon by both parties. 24. The successful offeror agrees to extend prices and terms to all entities that has Vol. 197 pg. 7 % / entered or will enter into joint purchasing inter -local cooperation agreement(s) with Brazos County, 25. Three (3) references are to be provided by bidder. Failure to submit references may result in disqualification of bid. 26. Contractor shall observe and comply with all federal, state and local laws, safety, and health regulations, ordinances, and all regulations which in any manner effect conduct of the work or services being performed. 27. In order to insure the safety of the public, the Contractor shall coordinate all work or deliveries with the Maintenance Department. 28, Any Subcontracting must be approved prior to commencement of the contract by the County Maintenance Director and Brazos County. 29. Any variation from the specifications in this bid document must be indicated on the bid or on a separate attachment to the bid and labeled as such. 30. The County does not guarantee to purchase any minimum or maximum quantities of service. If any quantities are listed in the bid, they are estimated quantities used for calculating purposes only. 31. In the event the Supplier is unable to furnish any service within a reasonable time after order is placed due to strikes, war or any reason beyond the Contractor's control, the County reserves the right to purchase these services from any source, without causing this contract to be canceled. 32. The successful Contractor should submit itemized invoices with clearly marked remittance copies to the following address; ATfN: Auditors 200 South Texas Ave, Suite 218 Bryan, TX 77803 Statements of accounts will not be sufficient to warrant payment. Unless other arrangements have been made; all invoices to be paid in full within 30 days after satisfactory delivery of commodities and or services and receipt of invoice at the listed address. Checks will be made payable to the successful vendor only, and shall not include sub - contractors, assignees, or any other party. 33. As a governmental subdivision, Brazos County is exempt from most types of taxes, including but not limited to sales tax, excise tax, and import duties. Such costs must not be included in bid prices. Tax Exemption Certificates can be obtained upon request by contacting the Brazos County Purchasing Department - (979)361 -4290. 34. Upon acceptance of a purchase order for any commodity or materials purchased by Brazos County, the vendor agrees to protect the county from any claim Vol. 197 Pg. Z;1 2- involving patent right infringement, copyright infringement, sales franchise disputes. 35. Unless otherwise specified, all items ordered from the successful Contractor must be new, unused, and in first class condition. Products usually packaged for commercial sale shall be furnished in proper container so as to facilitate storage and handling. 36. Potential Vendors are advised they may have disclosure requirement pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts that have an aggregate value in excess of $250.00 given to any employee of the County, County Official to the County Official's family members or employment of any employee of the County, County Official or the County Official's family members during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Brazos County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. 37. Bidder understands that Brazos County is a government subject to Texas State and Federal public information statutes. Bidder hereby waives any obligation to the release to the public of any documents submitted in accordance with this bid. C. SPECIAL PROVISIONS 1. All services and/or deliveries are to be made F.O.B. Brazos County Maintenance Department, during regular working days, and between the hours of 8:30 A.M. and 4:30 P.M. Monday through Friday, unless otherwise requested by the County. 2. Vendor will be required to notify the County Maintenance Department in the event of unforeseen delay arising in the completion of service. 3. Vendor will be required to provide proof of completed service to the Brazos County Maintenance Department upon completion of the service rendered. D. INSURANCE REQUIREMENTS 1. The Bidder shall instruct his insurance agent or carrier to furnish to the County a Certificate of .Insurance attesting to the issuance of the following parts of this section. Please note that such Certificates of Insurance and any required bonds must be issued and then approved by Brazos County Risk Management. The Certificate of Insurance must be approved by Risk Management before any deliveries can be made, 2. The Bidder shall furnish and keep in full force the following insurance during the term of this Contract: a. Statutory Workmen's Compensation and Employer's Liability Insurance with waiver of subrogation. b. General Liability with limits for bodily injury and for property damages of not Vol. 197 Pg. Z 7_' less than $1,000,000 CSL with Brazos County named as an additional insured. --C. Comprehensive Automotive Liability with single limits of $1,000,000 for Bodily Injury and Property Damage Liability. mod. Cargo Insurance to sufficiently cover materials transported. 3. All of the aforementioned policies and Certificates of Insurance should be issued immediately after the Bidder receives notification of award. a. The Vendor agrees to hold harmless Brazos County from any and all claims and liability due to -the acts of the Vendor's employees and the operation of his equipment. The Vendor also agrees to hold harmless Brazos County from any and all expenses, including attorney fees, incurred by Brazos County in litigation or otherwise resisting such claims or liabilities as a result of the Vendor's employees' activities. Further, the Vendor agrees to protect, indemnify and hold harmless Brazos County from and against all claims, demands and causes of action of every kind and character brought by any employees of the Vendor against Brazos County due to personal injuries and/or death to such employee resulting from any neglect act, by either commission or omission on the part of the vendor or Brazos County. E. REFERENCES Vendors shall provide a list of at least three (3) references, where work comparable in quality and scope to that specified has been performed within the past five (5) years. This list should include the names, phone number and email of the company /entity for which the prior work was performed to contact these references. A negative reference may be grounds for disqualification of bid. Company /Entity: Contact: Phone: Email: Compai Contacl Phone: Email: Vol. 197 Pg. Z 7</ ae"i�,l;n,A .y.(M.�;a Company Contact: Phone: q�B - 00. WW1 Email: F. SPECIFICATIONS FOR REGULAR INSPECTIONS Locations The following locations listed below will have an annual inspection and sensitivity testing scheduled through the Brazos County Maintenance Department. Sensitivity testing will only be done in the specified year listed in section F. 2 &3 for these locations. SHERIFF OFFICE (NOTIFIER NFW2 -200) - 1700 HWY 21 W Bryan, TX 77803 Smoke Detectors: 7 Duct Detectors: 5 Heat Detectors: 3 Pull Stations: 6 Power Supplies (Hom/Strobe): 1 Tamper: 2 Flows: 1 EXPO EXHIBIT HALL (EST — OUICK START) - 5827 Leonard Rd. Bryan, TX 77807 Smoke Detectors: 3 Duct Detectors: 15 Heat Detectors: 2 Pull Stations: 1 Power Supplies (Horn/Strobe): 1 Tamper: 2 Flows: 1 EXPO NORTH ARENA (EST — OUICK START) - 1700 HWY 21 W Bryan, TX 77803 Smoke Detectors: 29 Duct Detectors: 10 Heat Detectors: 2 Pull Stations: 1 Power Supplies (Hom/Strobe): 1 Tamper: 4 Flows: 2 EXPO SOUTH ARENA (EST — OUICK START) - 1700 HWY 21 W Bryan, TX 77803 Smoke Detectors: 3 Vol. 197 pg. Z 7� Duct Detectors: 0 Heat Detectors: 0 Pull Stations: 1 Power Supplies (Horn/Strobe): 1 Tamper: 2 Flows: 2 MUSUEM (GEMINI)- 3232 Briarcrest DR Bryan, TX 77802 Smoke Detectors: 15 Duct Detectors: 4 Heat Detectors: 0 Pull Stations: 2 Power Supplies (Horn/Strobe): 1 Tamper: 2 Flows: 1 I.T. (SIEMENS FS -250) - 205 E. 27" St. Bryan, TX 77803 Smoke Detectors: 16 Duct Detectors: 0 Heat Detectors: 0 Pull Stations: 2 Power Supplies (Horn/Strobe): 0 Tamper: 0 Flows: 0 ADMINISTRATION (SILENT KNIGHT — 5805) - 200 S. Texas Ave. Bryan, TX 77803 Smoke Detectors: 10 Duct Detectors: 10 Heat Detectors: 3 Pull Stations: 15 Power Supplies (Horn/Strobe): 4 Tamper: 4 Flows: 3 2. Annual Inspection Requirements 2.1 Inspection of all smoke detectors 2.2 Simulate inputs and test all the annunciators 2.3 Test all pull stations 2.4 Check all batteries for corrosion and expiration date. If battery is corroded, about to expire, expired or needs to be replaced for any reason, Contractor will be responsible for replacing battery at Contractor's cost. Vol. 197 Pg. 0 9G 2.5 Test all duct detectors 2.6 Check all homs and strobes 2.7 Check all purge fans 2.8 Contractor must provide a tag indicating the date of inspection on each device. 3. Sensitivity testing shall be done on all the smoke detectors in County owned buildings by the successful Contractor. Contractor will test and calibrate alarm sensors, such as flame and smoke detectors, per manufacturer specifications. Sensitivity Tests are due in years 2014, 2017, 2022 and every 5 years after that. G. SPECIFICATIONS FOR DETENTION INSPECTIONS 1. Locations The following locations listed below will have quarterly inspections as written below and sensitivity testing scheduled through the Brazos County Maintenance Department. Sensitivity testing will only be done in the specified years listed in section G. 2 &3 for these locations. COURTHOUSE (VES) - 300 E. 27TH St. Bryan, TX 77803 Smoke Detectors: 18 Duct Detectors: 4 Heat Detectors: 3 Pull Stations: 2 Power Supplies (Horn/Strobe): 6 Tamper: 5 Flows: 2 BCDC LOW RISK (SILENT KNIGHT - 5805) - 1835 Sandy Point Rd. Bryan, TX 77807 Smoke Detectors: 20 Duct Detectors: 0 Heat Detectors: 0 Pull Stations: 4 Power Supplies (Hom/Strobe): 1 Tamper: 2 Flows: 1 BCDC HU 1 (SIEMENS — XLS) - 1835 Sandy Point Rd. Bryan, TX 77807 Vol. 197 Pg. Z 7 7 Smoke Detectors: 109 Duct Detectors: 7 Heat Detectors: 4 Pull Stations: 4 Power Supplies (Hom/Strobe): Tamper: 2 Flows: 1 BCDC HU2 (GAMEWELL - E3 SERIESI - 1835 Sandy Point Bryan, TX 77807 Smoke Detectors: 146 Duct Detectors: 4 Heat Detectors: 0 Pull Stations: 5 Power Supplies (Hom/Strobe): Tamper: 2 Flows: I BCDC HU3 HU4 & SHU (SIEMENS - XLSI - 1835 Sandy Point Rd. Bryan, TX 77807 Smoke Detectors: 525 Duct Detectors: 20 Heat Detectors: 126 Pull Stations: 31 Power Supplies (Horn/Strobe): 50 Tamper: 4 Flows: 2 JUVENILE (SIMPLEX GRINNELL 4020 SERIES TRUE ALARM) -1904 HWY 21 W Bryan, TX 77803 Smoke Detectors: 65 Duct Detectors: 38 Heat Detectors: 4 Pull Stations: 17 Power Supplies (Hom/Strobe): 4 Tamper: 2 Flows: 1 JUVENILE PORTABLES (FIRE -LITE MS -LOUD) -1904 HWY 21 W Bryan, TX 77803 Smoke Detectors: 10 Vol. 197 Pg. 07t Duct Detectors: 0 Heat Detectors: 0 Pull Stations: 4 Power Supplies (Horn/Strobe): 0 Tamper: 0 Flows: 0 2. 9uarterly Inspection Requirements 2.1 Inspection of all smoke detectors 2.2 Simulate inputs and test all the annunciators 2.3 Test all pull stations 2.4 Check all batteries for corrosion and expiration date. If battery is corroded, about to expire, expired or needs to be replaced for any reason, Contractor will be responsible for replacing battery at Contractor's cost. 2.5 Test all duct detectors 2.6 Check all horns and strobes 2.7 Check all purge fans 2.8 Contractor must provide a tag indicating the date of inspection on each device. 3. Sensitivity testing shall be done on all the smoke detectors in County owned buildings by the successful Contractor. Contractor will test and calibrate alarm sensors, such as flame and smoke detectors, per manufacturer specifications. Sensitivity Tests are due in years 2014, 2017, 2022 and every 5 years after that. 4. Inspections must be performed to the standards of the NFPA Jail Standards 5. System operation. A test of smoke management system's initiating devices and control systems' output shall be performed. Such testing shall verify that, upon activation of a smoke detector, water flow indicating device, manual fire alarm station, or other smoke management system initiating device, the smoke management system components will automatically commence operation. The engineer of record shall provide a "cause and effect" chart to indicate the appropriate smoke management operating mode for all effected equipment based on the operation of each initiating device. Acceptance of functional testing shall be predicted upon all input and output devices performing as indicated by the "cause and effect" chart. 6. Inspections, Maintenance, Testing. All life safety equipment shall be inspected, maintained and tested by persons qualified to do so (whether Vol. 197 pg. Z7� 1401 under vendor. contract, by state or private agency or otherwise) in order that such equipment shall be safe, secure, and fully operative at all times. QUOTATIONS The following is an estimate of our anticipated purchases and will be used ONLY for tabulation purposes. The specified estimates are not guaranteed minimums. Fill in the blanks with the unit price that is firm for the contract period. Quotations are to be submitted per location Cost for Each Buildings Location Annual Inspection 1. Sheriffs Office t- 2. Expo Exhibit Hall � 5Q, 3. Expo North Arena 4. Expo South Arena .J.� 5. Museum 7 I.T. Department Administration Building Location 8. Brazos County Courthouse 9. BCDC Low Risk Facility 10. BCDC HUI 11. BCDC HU2 12, BCDC HU3, HU4, & SHU 150 - \5� r lbq Cost for Each Buildings Quarterly Inspection 1' 13. Juvenile C6 14. Juvenile Portables 1607 Vol. 197 pg. Zy 0 Cost for Each Buildings dSensitivity Testing aus Cost for Each Buildings Sensitivity Testine -�(1f� 150 - INVITATION TO BID 2014 -25 FIRE PANEL AND SMOKE DETECTOR INSPECTIONS CONTRACT I. CERTIFICATION OF BID The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other vendor, and that the contents of this bid have not been communicated to any other ven pnor to the official opening of this bid. SIGNED BG,t�''� TYPEDNAME: efe -5¢-. TITLE: Y COMPANY NAME: /� �NQ Clr`a e PHONE: Q��' 1 i� OCeD Vol. 197 Pg. Z Yl MAILING ADDRESS: 4C EMAIL ADDRESS: P.O. Box or Citf 1 r TX Zip VENDOR IDENTIFICATION NUMBER: CORPORATE SEAL IF SUBMITTED BY A CORPORATION END OF BID REQUEST NO. 2014-25 By signing below, Brazos County agrees that this bid, 2014 -25, will be awarded as dictated on the associated bid tabulation sheet, to the vendor whose name appears above and both parties agree to the terms and conditions contained herein,— 0 Brazos County Commissioner's jV4W Attest: Brazos County Vol. 197 pg. Z S'Z- AMERICAN FIRE & SAFETY, INC. Dedicated to creating a safer workplace February 2014 Brazos County Purchasing Dept. 200 South Texas Ste# 352 Bryan, TX 77803 RE: Bid Request #2014 -25 Fire Panel & Detector Insps. A copy of our corporate seal is being sent to our office this afternoon as it is only used in our Temple, Tx corporate office. We apologize for any inconvenience in this matter. Thank you, Teresa Bass Corp VP #979)779 -0030 Bryan— 979)779 -0030 Temple— 254)778 -2041 Round Rock— 512)826.7575 Waco— 254)755 -0328 Killeen— 254)554 -3307 Vol. 197 Pg. 2" Total for the life of the SenslNvUy $48,062.00 sensitivity $173,250.00 Sensitivity Contract 1 Sensitivity Sensitivity Testing Cost/ Testing Cost/ Testing COSY Testing Cost/ Testing Cost/ Annual needed In Annual needed In Annual needed in Annual needed in Annual needed 1n Inspection p Years 2014, Inspection Yews 2014, Inspection Years 2014. Inspection Years 2014, Inspection Years 2014, 2017,2022 2017,2022 2017,2022 2017,2022 2017,2022 $300.00 $150.00 $105.00 $360.00 $240.00 $450.00 $680.00 $520.00 $720.00 Sheriffs Office $175.00 Expo Exhibit Hall $175.00 $300,00 $150.00 545.00 $390.00 $360.00 $450.00 $790.00 $520.00 $800.00 Expo North Arena $200.00 $325.00 $169.00 $435.00 $630.00 $780.00 $550.00 $800.00 $600.00 $850.00 Expo South Arena $125.00 $250.00 $150.00 $45.00 $230.00 $90.00 $370.00 $500.00 $500.00 $700.00 Museum $175.00 $300.00 $150.00 $225.00 $390.00 $380.00 $490.00 $700.00 $550.00 $750.00 IT Department $125.00 $250.00 $150.00 $240.00 $330.00 $320.00 $480.00 $680.00 $550.00 $750.00 Administration Building $175.00 $300.00 $169.00 $150.00 $600.00 $460.00 $550.00 $800.00 $600.00 $850.00 Totals $1,150.00 $2,025.00 $1,088.00 $1,245.00 $2,930.00 $2,630.00 $3,340.00 $4,950.00 53,840.00 $5,420.00 Professionals of American fire & Davis Fire A -1 Fire & Safety Texas Fire & Safety Safety Firetrol Protection Equipment Equipment COW Sensitivity Cost/ Sensitivity Tasting Cost/ Senaitivity Testing Cost/ SMMUVUy Testing Cost/ sensUMN Testing Location Quarterly Testing needed in Quarterly needed in Ouarterly needed in Ouartedy needed in Quarterly needed in Inspection Years 2014, Inspection Yeah 2014, Inspection Years 2014, Inspection Years 2014, Inspection Yom 2014, 2017, 2022 2017, 2022 2017, 2022 2017, 2022 2017, 2022 Brazes County Courthouse $175.00 $475.00 $160.00 $270.00 $490.00 $500.00 $720.00 5900.00 $700.00 $900.00 Holding Calls BCDC Low Risk Facility $175.00 $475.00 $150.00 $300.00 $420.00 .00 $700.00 $550.00 $700.00 BCDC HUf $475.00 $1,650.00 $247.00 $1,635.00 $1,420.00 R$500 1,000.00 $1.400.00 5980.00 51,400.00 BCDC HU2 $475.00 $2,200.00 $278.00 $4,380.00 $1,730.00 1,350.00 $1,890.00 $1,250.00 $1,890.00 BCDC HU3, HU4 & SHU $825.00 $8,00000 $1,178.00 $7,876.00 $7,230.00 ,5,400.00 $7,560.00 $5,900.00 $7,560.00 Juvenile $475.00 $1,000.DO $251.00 $975,00 $1,420.00 $2,060.00 $2,450.00 $3,430.00 $2,600.00 $3,430.00 Juvenile Portables $175.00 $175.00 $150.00 $150.00 $290.00 $200.00 $400.00 $560.00 $500.00 $560.00 Totals $11,100.00 $13,975.00 $9,656.00 $15,585.00 $52,000.00 $19,460.00 $47,200.00 $16,440.00 $49,920.00 $16,440.01 Total for the life of the $52,760.00 $48,062.00 $186,880.00 $173,250.00 $183,140.00 Contract 1 RE11( %`�M D A�IWARD TO: American Fire & Safety n_Y- e�11:_��J�/�....�.... H.re YUa: 1J�ae.. its �)n1 A n .2014 by 4,;�l % 9;? 9 Zy v Brazos County -: Purchasing Department 'rP P gT 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: February 11, 2014 BID NUMBER: 2014 -26 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Heavy Machinery Rental REQUESTING DEPARTMENT: Road and Bridge APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: 2 t O hIl Vol. 197 Pg. Z P Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOSCOUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: February 11, 2014 BID NUMBER: 2014 -29 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Herbicides and Surfactants REQUESTING DEPARTMENT: Road and Bridge APPROVAL SIGNATURE: / Duane Peters, County Judge DATE APPROVED: a ! / H Vol. 197 Pg. 09� 4si Brazos County � :r> F Purchasing Department nP `N 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID/RFP/RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for Bid on the following: DATE: February 11, 2014 BID NUMBER: 2014 -30 REQUEST FOR PROPOSAL NUMBER: REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Fencing Supplies REQUESTING DEPARTMENT: Road and Bridge APPROVAL SIGNATURE: Duane Peters, County Judge DATE APPROVED: g I i $ I iq Vol. 197 pg. l'V YYl O11W\ BRAZOS COUNTY BRYAN,TEXAS cS Print DEPARTMENT: . _f" ,... I . DATE OF COURT 2/18/2014 MEETING: No ITEM: Consider and take action on the Final Plat of Indian Lakes Phase NOTES/EXCEPTIONS: XVI, 16.169 Acres, J.M. Barrens Survey, A-69, College Station (ETJ), Brazos County, Texas. This is a correction to item # 16 approved in Commissioners Court on January 21, 2014. Site is located in Precinct 1. TO: Commissioners Court M11i) -5E DATE: 02/12/2014 FISCAL IMPACT: No SOURCE OF FUNDS: NOTES/EXCEPTIONS: Block # on plat was uploaded as Block 23 but should have been Block 27. ACTION REQUESTED OR ALTERNATIVES: ATTACHMENTS: Name: Description: ❑ Indian lakes Phs 16- Final Plat Recorded_Copy.pdf Type: Backup Material r �.rn e 1 : ealRl„o�1 my a7G�QR� �n•Tv7nntinrrTTl =I,f11 7/1'1/x(114 s i I I I I I I I I I I I I I I I I I I I, I I I i I 1 I, III I. 11 I ,1 I l I I I I I i I i a „I `4, •jlil �I �T II I 111, ybyY ' I I, II "7 'Od 1 10A .Azos // ,;1 „ , it a ;I l �n �, , � 11;1 •� •(�,' j1l ej � I j � ., Pill ; !411;{In, 11j {l'1i1e �1!',LE1;llj'!jll:jlt�i him 1 11118 "aii il:lflt i;jlrl'I! j;� i;! ii w a ;{AEI " .s . � , i1,I1I,M.EIlN•• • �EEati t _ , i a •; it Of I �4 L, 1 I "E (tit ; a i j 1 Irl { jig .111 1'•�� II '111E t'4 l t !'. 1 eial I� l� 1 iii Delia 1 Ili ' I 'I4 ill,tl : . 1 El rJ;l 1.11', I1 I'h11 { 1114 IN 1 ,f , y'li• J, I Ei!h It 1:11118x1 fin I ° • ! %a i j =! ' la Jill_I (EI ! All ! I Saaalaaaaaaaaail �I by � pp {{ �Ill:alatlaalaaaa Ililaalllaaaaall aEEEE EEEEEiEEEI 1•••.•••..aaaaaa ybyY ' I I, II "7 'Od 1 10A .Azos // ,;1 „ , it a ;I l �n �, , � 11;1 •� •(�,' j1l ej � I j � ., Pill ; !411;{In, 11j {l'1i1e �1!',LE1;llj'!jll:jlt�i him 1 11118 "aii il:lflt i;jlrl'I! j;� i;! ii w a ;{AEI " .s . � , i1,I1I,M.EIlN•• • �EEati t _ , i a •; it Of I �4 L, 1 I "E (tit ; a i j 1 Irl { jig .111 1'•�� II '111E t'4 l t !'. 1 eial I� l� 1 iii Delia 1 Ili ' I 'I4 ill,tl : . 1 El rJ;l 1.11', I1 I'h11 { 1114 IN 1 ,f , y'li• J, I Ei!h It 1:11118x1 fin I ° • ! %a i j =! ' la Jill_I (EI ! All ! I Saaalaaaaaaaaail � 11a:paa4a:0:a8a �Ill:alatlaalaaaa Ililaalllaaaaall aEEEE EEEEEiEEEI 1•••.•••..aaaaaa • 1 Mill 11111 lip, Vol. 197 Pg. of% BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2013 -2014 BUDGET YEAR NO. 13/14 19.1 -19.5 On this the 18th day of February 2014 at a regular meeting ofthe Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B, Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D, Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 18th day of February 2014 the Court heard and approved a budget amendment for the 2013 -2014 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 10 September 2013, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 18th day of February 2014. 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. 197 Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 - 19.1 2118/2014 Im ACCOUNTNAME t' no Venue Tax Vol. 197 Pg. M- 01t] BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13/14 -19.2 211812014 Increase of the 25 Vol. 197 Pg. z %�Z BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 -19.3 2/18/2014 FUND DIV ACCT PROJ IDRICRI ACCOUNT NAME I Increase I Decrease 0100 46023000 CR I Donations -Other 1,200.00 0100 28002000 67010000 DR I Donated Minor Property 1,200.00 Sheriff - Jail Administration Reallocation of funds to the proM accounts for the award of a 1998 flatbed trailer approved by Commissioner's Court on Feb ary J2, 2014. Vol. 197 Pg. ""y3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114 -19.4 2/18/2014 ii m - - -1♦ -_- -z a 6 Vol. 197 Pg. O9y BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 13114.19.5 2/1812014 FUND DIV I ACCT PROJ DPICRI ACCOUNT NAME Increase Decrease 0100 31000300 51635000 CR I Hourly Three Qrt Time 14,172.00 0100 31000300 53100000 CR Social Security 1,084.00 0100 31000300 53200000 CR Retirement 1984.00 0100 31000300 53800000 CR Workers Comp, 60.00 0100 31000200 51635000 DR Hourly Three Qrt Time 14 172.00 0100 31000200 53100000 DR Social Security 1,084.00 0100 31000200 53200000 DR Retirement 1,984.00 0100 31000200 53800000 DR Workers Comp 60.00 Juvenile Academy and Juvenile Detention Reallocation of funds to the proper division and accounts due to a deletion and creation of a position. Item was approved in Commissioners Court on February 11, 2014, item # 5 and # 6. NAt 1 P-M 9 2-11-ffx� .. Vol : 197 Pg. ' %� PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: February 18, 2014 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 Juvenile Road & Bridge Garza, John V. New Hire Mendez Sr., Benito Retirement Approved in Commissioners' Court: February 20 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 197 pg. Z%� 4C COMMISSIONER COURT MINUTES OF FEBRUARY 18, 2014 ARE CONTINUED IN VOLUME 198 PAGE 1 Vol. 197 Pg. COMMISSIONER COURT MINUTES OF FEBRUARY 18, 2014 ARE CONTINUED FROM VOLUME 197 Vol. 198 Pg. 1 Iwo Hmhhy. Heppy Tb n row MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY ANNUAL FINANCIAL REPORT YEAR ENDED AUGUST 31, 2013 ►� W- Vol. 198 Pg. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY TABLE OF CONTENTS Exhibit No. Page No. INTRODUCTION SECTION Certificate of Board Approval i Transmittal Letter ii Listing of Officials iv Organizational Chart v FINANCIAL SECTION Independent Auditor's Report Management's Discussion and Analysis Basic Financial Statements Government Wide Financial Statements Statement of Net Position A -1 10 Statement of Activities A -2 11 Fund Financial Statements Balance Sheet — Governmental Funds B -1 12 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position B -2 13 Statement of Revenues, Expenditures and Changes in Fund B -3 14 Balance - Governmental Funds Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balance of Governmental Funds to the Statement of Activities B-4 15 Statement of Revenues, Expenditures and Changes in Fund Balances — Budget and Actual — General Fund B -5 16 Statement of Fiduciary Net Position — Fiduciary Fund C -1 18 Notes to Financial Statements 19 OTHER SUPPLEMENTARY INFORMATION Capital Assets Used in the Operation of Governmental Funds Schedule by Source 29 Schedule by Function and Activity 30 Schedule of Changes by Function and Activity 31 Vol. 198 Pg. „3 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY TABLE OF CONTENTS Page No. STATISTICAL SECTION (Unaudited) Schedule of Revenues and Expenditures by Source of Funds — General Fund 32 Reconciliation of Total Revenues and Expenditures to Fourth Quarter Financial Report 33 Schedule of Indirect Costs 35 Schedule of Leases in Effect 36 Schedule of Space Occupied in a State -Owned Facility 37 Schedule of Insurance in Force 38 Schedule of Bond Coverage 39 Schedule of Professional and Consulting Fees 40 Schedule of Legal Services 41 SINGLE AUDIT SECTION Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 42 Independent Auditor's Report on Compliance on Each Major Program and on Internal Control over Compliance Required by OMB Circular A -133 and the State of Texas Single Audit Circular 44 Schedule of Expenditures of State and Federal Awards 46 Notes to the Schedule of Expenditures of State and Federal Awards 48 Schedule of Findings and Questioned Costs 49 Schedule of Prior Year Findings 50 Vol. 198 Pg. INTRODUCTION SECTION Vol. 198 Pg. -5, MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Certificate of Board Approval Year Ended August 31, 2013 1, Judge Dorothy Morgan, Chairperson of the Board of Trustees of Mental Health Mental Retardation Authority of Brazos Valley, do hereby certify that this accompanying audit report for fiscal year ended August 31, 2013, from Davis Kinard & Co, PC was reviewed and approved at a meeting of the Board of Trustees held on the 23rd day of January, 2014. C4Judge rothy Mo >an son, Bo of Trustees Vol.-198 Pg. / -�3- Date Mental Health Mental Retardation Authority of Brazos Valley The Mobile Crisis Outreach Team and the Brazos County Sheriff's Bryan, TX 17903.3303 P (979)821 -9478 which leads to reduced incarcerations and more efficient treatment. The ESO SCOUNfY '�y'te�ai P.O 103 E. Hwy. 21 syk .rx��4 Caldwell, TX 77836.1225 - (979)5674377 success. The Community Living Options Information Process continues to For a Healthy, Happy Tomorrow+ GRIMES 2 S. La LaSalle 702 S. GSella CENTRAL ADMINISTRATION IS44 S. Texu Aveoaa B 79) 822 MHMR -10I5 December 30 2013 (979) 923- Mlp4ii � . FAX(979)361 -9906 MAILING ADDRESS P.O. Box 4588 Bryan, Team 77805 -4598 BRAWS COUNTY MH SERVICES 904 S, Tau Avn. - Bryan; TX 71903 -3946 (979)822-6467 DAY HAD SERVICES Lilt Chaim Cwar 623 C. Mary Lake B,ym, TX 77801.3424 . ,(979)361 -9876 Dear Friends and Supporters, Fiscal Year 2013 was a significant year for the Mental Health Mental Retardation Authority of Brazos Valley. We continue to make great strides toward providing, cost efficient, improved, accessible services in the challenging behavioral and developmental care environment that is emerging from national and state initiatives. The most evolutionary change continues to be the analysis and trending of clinical and financial data which continues to help us achieve improvements in our fiscal stability. ECI SERVICES 302 B. 24° St., The Mobile Crisis Outreach Team and the Brazos County Sheriff's Bryan, TX 17903.3303 Department artment continue to improve res P onsiveness to behavioral health crisis (979)821 -9478 which leads to reduced incarcerations and more efficient treatment. The ESO SCOUNfY Mental Health Treatment Team continues incorporating peer support P.O 103 E. Hwy. 21 services into all aspects of the treatment process for improved recovery and Caldwell, TX 77836.1225 - (979)5674377 success. The Community Living Options Information Process continues to ensure that persons living in the State Supported Living Center in Brenham GRIMES 2 S. La LaSalle 702 S. GSella aware of their right to live in a less restrictive setting in the community. if . Naveaola,TX 77968 -395A they desire.. The Early Childhood Intervention (ECI) program serving the (936)926.7964 - Brazos Valley and both Montgomery and Walker Counties continued to LEON COUNTY grow. We continue to receive enhancements to our clinical and financial P.O. Box 312 Caal"lla,TX73833 -0512. software'system which has improved,our reporting requirements to our (983)336.2180 various funding sources. Fiscal Year 2014 should result in further MADISON COUNTY improvements in clinical and fiscal outcomes and reporting. P.O. Box 612 3438 Hwy 21 ..' Madnaaville, TX 77864.0672 We continue to 'struggle with a distinctly uncertain future with the State of (936)349a695 ' 'Texas requiring more documentation, inadequate funding, managed care, ROBERTSON COUNTY and''increasing stricter requirements for eligible services. Our Board and 1212 W. Brown - Hearne, TX 77AS9 -3061 staff remain committed to quality services. .'(979)279.5193. - WASHINGTON COUNTY During Fiscal Year 2014, we will move toward more functional clinical and P.O. Box 1662 fiscal electronics systems; erationalization of the Texas Resilience and 605 E. Elm Bell Road y P Bra.!%.;TX 77833.2411 Recovery (TRR) model with improved internal clinical quality oversight and .(979) 830-0008 utilization management processes; increased recovery- Serving t "r(WVa W far over 35 Years /-Y MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Listing of Officials August 31, 2013 Board of Trustees Judge Dorothy Morgan Chairperson Tammy Tiner Vice - Chairperson Patti Rowley Secretary / Treasurer Charles Camarillo Member Linda Goolsby Member Ronnie Jackson Member Mary Higgs Member Sherriff Donald Sowell Member Sherriff Gerald Yezak Member Executive Staff Bill Kelly Executive Director Dan Monson Chief Financial Officer Ken Danford Administrative Services Director Robert Reed Mental Health Services Director Jermaine East Intellectual and Developmental Disabilities Director Vol. 198 N. Mental Health Mental Retardation Authority Oforazos'Voiley manizooffil chart. Board of Trustees borithy Morgan, Chairperson,iWisfilington Co.) Ternmy.tiner,. z6h9ir'(Besirbs Co'.) Linda dools6y (Prai - Oor Co) Rortnie,Jackson (Or"ds;.O�Oj Mary Higgs (Leon Co.) Patti Rowley, - I Secretareressurer:(Madison Co.) Donald Sowell (Otimds Co.) Gerald Yezili (RObtirtsotl Cb;) Chair" key We Advisory Committee clor j. 1. uiam Raman Rohert Jones dental Monson. Adminislretive Chief Financial Intfirventlon Officer E I. ntC P a Ildl endon cod n a I Human u w A 0 Ig 13 .. r r a or: m Rol 0 '1 Re pite R ec r r e a 0 on orthe m Shane Oa Los Santos uman Resources fin ..... clal 11 rat III, Mar Ow Alorig anefits/Employee n= I MH Services Manager I Corporate ograrh 'tattoos ens] Crials.Services/M . COT I Compliance Respite smiling MH Respite I redentialing — , Screening � - U -Aly I C Intall:p/Benefit Eligibility I 3resaWiecham ontract Management Routine & Rehab Case I Priscilla Monlefortao Northern Able Frenzel: I MA Intakeffillgibillty 2ollcy & Procedure, Management I MR Service 3evelopment A.,entgornery Finance Maina4ar �Rehab Counseling k I Coordination Provider Relations/ ValkerCqunty CiAlms- 81"Ing Psychotherapy' I MRA Service 48twOfk lellite,01fice Site Accounts Receivable ACT Tearn I Coordination )avelbpmw Supervisor Information SeNices, Payroll Supported Housing & I MR1HFS Oamille-ment Manage, Employment I penning iernetCWebb fjobert Reed Nniallectual, -Mental Health. eve opmen a sevicell biricti 01sabIliflas Services Director :COO 'or", morn, NO' !:Aon '] tgo 7ke [aille Ofte Site SjJpsNlsor .COPED 14k Respite prant Development Joann Jackson Id -Etna Pro ram Faaa:1 Res&leetf Staff Accountant I Cari Morris Brook; Mae Maintenance Accounts Payable I 146$Supliorted Home OM Rlsh Management 6ith RadelPIC I Living Ganstil Ledger 1-108,Residentlal Standards DS Supervisor Fixed Assets ICFMR tat Compliance Audits Linda Stlign I 1JVC I Addits ... ChildtAdiflescrit Child Rehab Services I I Ice Coordination Provjder�sarvkes Specialized Therapies SIflH Development Program ------------ 11 . I MR Day Habilitation LP% OM, 09, r M65an Slandley MR'Community directs ef:Nurelnd MH Continuity of Care I . I Liaison MA Supported Medication Clinic I , Support S 8upe Isor PAP Waitflat Maintenance I fE Cl Oualily Assurance Ww Gin Mbds Employment Doris McNeil Medical Records Physician services I Nurse r Pharmacological zesvlces- 3e� Renal PAP randtir. eaX w Lo:;;: Vol. Pa. FINANCIAL SECTION Vol.-198 Pg. /Gl Dams'Aandid & C09 PC cxxrrr� //rn vuur.rc;ic(:nr %;v7aN .va•s Quatit)1. lnlegriry. KsoaJedge. Independent Auditor's Report The Board of Trustees Mental Health Mental Retardation Authority of Brazos Valley Bryan, Texas Report on the Financial Statements First Financial Bank Building 410 Pine Street, Ste, 600, Abilene, TX 79601 325.672.4000 / 900399.2525 / f. 325.672.7049 w dkcpa.cnm We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of Mental Health Mental Retardation Authority of Brazos Valley (the Center), as of and for the year ended August 31, 2013, and the related notes to the financial statements, which collectively comprise the Center's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions 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, the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the Guidelines for Annual Financial and Compliance Audits of Community Mental Health and Mental Retardation Centers. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the Center, as of August 31, 2013, and the respective changes in financial position and the respective budgetary comparison for the General Fund for the year then ended in accordance with accounting principles generally accepted in the United States of America. Vol. 198 Pg. / Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis on pages 3 -4 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Center's basic financial statements. The introductory section, other supplementary information, and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The schedule of expenditures of state and federal awards is presented for purposes of additional analysis as required by the U.S. Office of Management and Budget Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations, and the State of Texas Single Audit Circular and is also not a required part of the basic financial statements. The schedule of expenditures of state and federal awards and other supplementary information are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of state and federal awards and other supplementary information are fairly stated, in all material respects, in relation to the basic financial statements as a whole. The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated January 17, 2014, on our consideration of the Center's intemal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of intemal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on intemal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Center's internal control over financial reporting and compliance. Abilene, Texas January 17, 2014 - 4A04:, 'r a, fn Certified Public Accountants Vol.-198 Pg. /. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Management Discussion and Analysis August 31, 2013 As management of Mental Health Mental Retardation Authority of Brazos Valley (the Center), we offer readers of the Center's financial statements this narrative overview and analysis of the financial activities of the Center for the fiscal year ended August 31, 2013. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal. Financial Highlights The assets of the Center exceeded its liabilities at the close of the most recent fiscal year by $2,894,305 (net position). This compares to the previous year when assets exceeded liabilities by $2,920,348. The Center's total net position (govemment -wide) decreased by $26,043. As of the close of the current fiscal year, the Center's governmental funds reported combined ending fund balances of $1,191,544, an increase of $136,156. • At the end of the current fiscal year, unassigned fund balance for the General Fund was $984,853 or 7.9% of General Fund expenditures. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the Center's basic financial statements which have three components: 1) government -wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to these basic financial statements. Government -wide financial statements. The government -wide financial statements are designed to provide readers with a broad overview of the Center's finances, in a manner similar to a private - sector business. The statement of net position presents information on all of the Center's assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the Center is improving or declining. The statement of activities presents information showing how the Center's net position changed during the most recent fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, the accrual basis of accounting is used, which is similar to the accounting used by most private- sector companies. Some revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods. One such example is earned but unused vacation leave, which is expensed at the time it is accrued, but the cash flow occurs at the time the leave is taken. In the Statement of Net Position and Statement of Activities, the Center combines its governmental activities. Most of the Center's basic services are reported here, including the Mental Health Adult Program., Mental Health Child and Adolescent Program, Intellectual and Developmental Disabilities Program, Early Childhood Intervention, and General Administration. The government -wide financial statements are on pages 10 and 1 I of this report. Vol. 198 Pg. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Management Discussion and Analysis August 31, 2013 Fund financial statements. The fund financial statements provide detailed information about the most significant funds — not the Center as a whole. A fund is a grouping of related accounts that are used to maintain control over resources that have been segregated for specific activities or objectives. The Center, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance- related legal requirements. The funds of the Center can be divided into two categories: governmental funds and fiduciary funds. • Governmental funds — Governmental funds are used to account for essentially the same functions reported as governmental activities in the govemment -wide financial statements. However, unlike the government -wide financial statements, governmental fund financial statements focus on how money flows into and out of those funds and the balances left at year -end that are available for spending. These funds are reported using an accounting method called modified accrual accounting, which requires the recognition of revenue when earned, only so long as the funds are collectible within the period or soon enough afterwards to be used to pay liabilities of the current period. The governmental fund financial statements provide a detailed short-term view of the Center's general government operations and the basic services it provides. Governmental fund information helps you determine the amount of financial resources that can be spent in the near future to finance the Center's programs. We describe the relationship (or differences) between governmental activities (reported in the Statement of Net Position and the Statement of Activities) and governmental funds in the reconciliations on pages 13 and 15. Each year the Center adopt-, a budget for its General Fund. A budgetary comparison schedule has been provided for the General Fund to demonstrate compliance with this budget. The governmental fund financial statements are on pages 12 through 17 of this report. Fiduciary funds — Fiduciary funds are used to account for resources held by the Center for the benefit of consumers. Fiduciary funds are not reflected in the govemment -wide financial statements because those funds belong to the consumers and are not available to support the Center's operations. Notes to the financial statements. The notes provide additional information that is essential for a full understanding of the data provided in the govemment -wide and fund financial statements. The notes to the financial statements can be found beginning on page 19 of this report. Other Information. In addition to the basic financial statements and accompanying notes, this report also presents certain supplementary infom-iation that is required by the Texas Department of State Health Services, the Texas Department of Aging and Disability Services, OMB Circular A -133 and Uniform Grant Management Standards. Required supplementary information can be found beginning on page 29 of this report. 4 Vol. 198 Pg. ; 1- MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Management Discussion and Analysis August 31, 2013 Government -Wide Financial Analysis As noted earlier, net position may serve over time as a useful indicator of a government's financial position. The Center's assets exceeded liabilities by $2,894,305 at the close of the most recent fiscal year. This is a $26,043 decrease over last yew's net position of $2,920,348. The largest portion of the Center's net position (67.8 %) represents its net investment in capital assets (e.g., land, buildings, fumiture, equipment and software, and vehicles). The remaining balance of the Center's net position (32.2 1/o) represents the unrestricted financial resources available for future operations. Current and other assets Capital assets Total assets Current and other liabilities Long -term liabilities Total liabilities Net position: Net investment in capital assets Unrestricted Total net position Statement of Net Position Government -wide Vol. 198 Pg. 2013 1,882,223 2,459,916 4,342,139 899,358 548,476 1,447,834 1,962,713 2012 1,857,463 2,817,271 4,674,734 1,000,919 753,467 1,754,386 2,121,614 931,592 798,734 $ 2,894,305 $ 2,920,348 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Management Discussion and Analysis August 31, 2013 Governmental activities decreased the Center's net position by $26,043. Beginning September 1, 2012, interest expense on long -term debt was allocated amongst the programs it benefits. Key elements of this decrease are as follows: Revenues: Program revenues Charges for services Operating grants and contributions General revenues Investment earnings Medicaid 1115 Waiver Gain on sale of assets Other income Total revenues Expenses: Mental Health Adult Mental Health Child Intellectual and Developmental Disabilities Early Childhood Intervention Interest on long -term debt Total expenses Change in net position Net position - beginning Net position - ending of year Statement of Activities Government -wide 2013 5,831,227 6,295,026 9,104 209,376 22,309 216,195 12,583,237 5,002,901 1,009,114 4,387,336 2,209,929 12,609,280 (26,043) 2,920,348 $ 2,894,305 2012 5,993,901 6,196,188 10,263 53,157 247,745 12,501,254 5,027,814 910,375 4,547,296 2,303,880 29,325 12,818,690 (317,436) 3,237,784 $ 2,920,348 Governmental Fund Financial Analysis As noted earlier, the Center uses fund accounting to ensure and demonstrate compliance with finance - related legal requirements. Governmental funds: The focus of the Center's governmental funds is to provide information on near-term inflows, outflows, and balances of resources available for spending. Such information is useful in assessing the Center's financing requirements. Revenues and other financing sources for the Center's governmental activities were $12,678,457 while total expenditures were $12,542,301. The change in fund balance was an imcrease of $136,156. In particular, unassigned fund balance may serve as a useful measure of the Center's net resources available for spending at the end of the fiscal year. Vol. 198 Pg. A MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Management Discussion and Analysis August 31, 2013 The General Fund is the chief operating fund of the Center. At the end of the current fiscal year, unassigned fund balance of the General Fund was $984,853 while total fund balance was $1,191,544. As a measure of the General Fund's liquidity, it may be useful to compare unassigned fund balance to total fund expenditures. Unassigned fund balance represents 7.9 percent of total General Fund expenditures. General Fund Budgetary Highlights As presented on pages 16 and 17, actual amounts for revenue and expenditures by their natural description are provided. Actual amounts are compared to the Original/Final Budget with variances reflected. Over the course of the year, the Center did not revise its General Fund Budget. Significant variances are as follows: Revenues: Medicaid/Medicare (under budget) — Due to Medicaid Managed Care rollout for licensed staff services effective March 2012 and a collection rate of only about 55% from the Managed Care Organizations for our Early Childhood Intervention Program. Medicaid 1115 Transformation Waiver (over budget) — Due to uncertain timing of Year 1 (planning) of the 1115 Transformation Waiver projects in the Brazos Valley. • Proceeds from Sale (over budget) — Due to sale of building in Brazos County. Expenses: • Fringe benefits (under budget) —Due to vacancies.and conservative budgeting. • Debt Service (over budget) — Due to misclassification of capital lease items. • Utilities and telephone (under budget) — Due to misclassification of capital lease items. Vol. 198 pg. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Management Discussion and Analysis August 31, 2013 Capital Assets and Debt Administration Capital Assets. The Center's investment in capital assets for its governmental activities as of August 31, 2013 is $2,459,916, net of accumulated depreciation. This investment in capital assets includes land, buildings, furniture, equipment, software, and vehicles. The total decrease in the Center's investment in capital assets for the current fiscal year was $357,355 due to addition of continuing depreciation, sale of building, and the retirement of obsolete assets. Land Buildings Furniture, equipment, and software Vehicles Less: accumulated depreciation Total capital assets, net Capital Assets (net of depreciation) 2013 327,729 $ 3,015,877 879,353 904,789 (2,667,832) 2012 342,729 3,174,261 879,353 904,789 (2,483,861) $ 2,459,916 $ 2,817,271 Long —term debt. Long -term debt consists of equipment debt, obligations under capital leases, and accrued compensated absences. During the year ended August 31, 2013, the net decrease in long-term debt was $195,156. A summary of outstanding debt at year end follows: Notes payable Capital leases payable Compensated absences Total long -term debt Economic Factors and Next Year Long -term Debt 2013 173,078 $ 324,125 259,952 2012 266,912 428,745 256,654 $ 757,155 $ 952,311 The Eighty- second Legislature met January 2011 — June 2011. The session was extended an extra month due to a called Special Session in order to deal with balancing the budget for FY 2012 -2013 and redistricting. The original Legislative Appropriations Requests that were submitted by the Texas Health and Human Services Commission's agencies for the Eighty- second Legislature reflected serious cuts in services for mental health, intellectual developmental disabilities, and early childhood intervention services. The results were funding cuts, though not as horrific as originally proposed, to all of our major programs and increased stricter requirements for eligible services. Vol. 198 Pg. f MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Management Discussion and Analysis August 31, 2013 Additionally, the Eighty - second Legislature provided the following: 1) Refinancing of individuals with Intellectual Developmental Disabilities from General Revenue into the Texas Home Living Medicaid Waiver Program, which will cap services for this population. 2) Study of the current Mental Health system by the State of Texas. Preliminary recommendations include the privatization of State Mental Health Facilities and Local Resources, and increased budget transparency and competition. 3) Continued movement towards Medicaid Managed Care. The Eighty -third Legislature met January 2013 — August 2013. The session was extended an extra 67 days due to three called Special Sessions in order to deal with funding of transportation infrastructure projects and several other items. Public education took top priority during the session. The mental health system also had a lot of attention due to the study conducted since the Eighty - second legislative session in order to seek increased efficiencies due to lack of funding afforded for mental health services in the State of Texas. Additionally, the Eighty -third Legislature provided the following: 1) Additional dollars allocated for Local Mental Health Authorities to bring persons placed on a waitlist into services. 2) Grants were made available for Supported Housing, Crisis Expansion, and Mental Health First Aid. MHMR Authority of Brazos Valley has applied and is receiving funding for all three programs starting FY 2014. 3) Continued movement towards Medicaid Managed Care with Mental Health Rehabilitation and Service Coordination switching over on September 1, 2014. These factors were considered when preparing and adopting its General Fund budget for the fiscal year ending August 31, 2014. A balanced budget for fiscal year 2014 was adopted. We do anticipate a slight surplus, excluding unexpected decreases in revenues from either the State of Texas or local entities. Request For Information This financial report is designed to provide a general overview of the Mental Health Mental Retardation Authority of Brazos Valley's finances for all those with an interest in the Authority's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to: Mental Health Mental Retardation Authority of Brazos Valley Finance Services Department P. O. Box 4588 Bryan, Texas 77805 Vol. 198 Pg. � BASIC FINANCIAL STATEMENTS Vol. 198 Pg. Ole Exhibit A -1 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Statement of Net Position August 31, 2013 ASSETS Cash and cash equivalents Accounts receivable Receivables from other governments Inventories Prepaid items Capital assets, net Nondepreciable Depreciable Total Assets LIABILITIES Accounts payable Accrued payroll Other accrued liabilities Unearned revenue Due within one year Notes payable Capital leases payable Due in more than one year Notes payable Capital leases payable Accrued compensated absences Total Liabilities NET POSITION Net investment in capital assets Unrestricted Total Net Position Governmental Activities $ 828,787 89,118 922,627 4,958 36,733 327,729 2,132,187 4,342,139 249,633 302,396 32,195 106,455 98,290 110,389 74,788 213,736 259,952 1,447,834 1,962,713 931,592 $ 2,894,305 The accompanying notes are an integral part of these financial statements. Vol. 198 ]fig. Exhibit A -2 Program Revenues 3,787,737 $ Operating Capital Charges Grants and Grants and for Services Contributions Contributions Net (Expense) Revenue and Changes in Net Position Govemmental Activities $ 1,659,430 $ 3,787,737 $ $ 444,266 394,218 431,128 (183,768) 2,729,589 1,110,541 (547,206) 1,047,990 965,620 (196,319) $ 5,831,227 $ 6,295,026 $ (483,027) General Revenues Investment earnings 9,104 Medicaid 1115 Waiver 209,376 Gain on sale of assets 22,309 Other local income 216,195 Total General Revenues 456,984 Change in Net Position (26,043) Net Position - Beginning 2,920,348 Net Position - Ending $ 2,894,305 Vol. 198 1 fig. Exhibit B -1 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Balance Sheet - Governmental Funds August 31, 2013 ASSETS Cash and cash equivalents Accounts receivable Receivables from other governements Inventories Prepaid items Total Assets LIABILITIES AND FUND BALANCES Liabilities: Accounts payable Accrued payroll Other accrued liabilities Unearned revenue Total Liabilities Fund Balances: Nonspendable: Inventories Prepaid items Assigned: Special projects Unassigned Total Fund Balances Total Liabilities and Fund Balances General Total Governmental Funds $ 828,787 $ 828,787 89,118 89,118 922,627 922,627 4,958 4,958 36,733 36,733 $ 1,882,223 $ 1,882,223 $ 249,633 $ 249,633 302,396 302,396 32,195 32,195 106,455 106,455 690,679 690,679 4,958 36,733 4,958 36,733 165,000 165,000 984,853 984,853 1,191,544 1,191,544 $ 1,882,223 $ 1,882,223 The accompanying notes are an integral part of these financial statements. Vol. 198 log. 9-3 Exhibit B -2 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position August 31, 2013 Total Fund Balances $ 1,191,544 Amounts reported for governmental activities in the statement of net position (Exhibit A- 1) are different because: Capital assets used in governmental activities are not current financial resources and therefore are not reported in the governmental funds. 2,459,916 Long -term liabilities, such as notes payable ($173,078), capital leases payable ($324,125), and compensated absences ($259,952) are not due and payable in the current period and therefore are not reported in the funds. (757,155) Net position of governmental activities $ 2,894,305 The accompanying notes are an integral part of these financial statements. Vol. 198 R. ' r Exhibit B -3 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Statement of Revenues, Expenditures, and Changes in Fund Balance - Governmental Funds Year Ended August 31, 2013 REVENUES Local funds State programs Federal programs Investment earnings Total Revenues EXPENDITURES Current: Mental Health - Adult Mental Health - Child Intellectual and Developmental Disabilities Early Childhood Intervention Administration Capital outlay Debt service Principal Interest Total Expenditures Excess of revenues over expenditures Other Financing Sources Proceeds from sale of assets Total Other Financing Sources Net change in fund balance Fund balance, September 1 Fund balance, August 31 General $ 6,197,239 4,887,916 1,466,669 9,104 12,560,928 4,279,253 867,722 3,744,329 1,899,005 1,479,098 43,471 Total Governmental Funds $ 6,197,239 4,887,916 1,466,669 9,104 12,560,928 4,279,253 867,722 3,744,329 1,899,005 1,479,098 43,471 198,454 198,454 30,969 30,969 12,542,301 12,542,301 18,627 18,627 117,529 117,529 117,529 117,529 136,156 136,156 1,055,388 1,055,388 $ 1,191,544 $ 1,191,544 The accompanying notes are an integral part of these financial statements. Vol. 198 l�g. Exhibit B4 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balance of Governmental Funds to the Statement of Activities Year Ended August 31, 2013 Net change in fund balances - total governmental funds Amounts reported for governmental activities in the statement of activities are different because: Repayment of principal on long -term debt is an expenditure in the governmental funds, but their payment reduces long -term liabilities in the statement of net position. Thus, net position is increased by the amount of principal repayments. Repayment of long -term liabilities is an expenditure in the governmental funds, but the repayment reduces long -term liabilities in the statement of net position. This is the net increase in compensated absences payable, Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated and depreciated over their useful lives. Thus, net position is decreased by the amount by which depreciation ($305,606) exceeded capital outlays ($43,471) in the current period. $ 136,156 198,454 (3,298) (262,135) Proceeds from the sale of assets are recorded in the fund financial statements, whereas in the government -wide financial statements only the gain (loss) is recorded. This is the amount of the net book value of the assets sold. (95,220) Change in net position of governmental activities $ (26,043) The accompanying notes are an integral part of these financial statements. 1�a. Vol. 198 � Exhibit B -5 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual - General Fund Year Ended August 31, 2013 FEDERAL PROGRAM REVENUES Mental Health Block Grant 351,440 351,440 351,440 Variance Social Services Block Grant Budgeted Amounts Actual with Final - Original Final Amounts Budget LOCAL REVENUES Block Grants for Substance Abuse 49,845 49,845 49,845 City and county governments $ 140,700 $ 140,700 $ 138,200 $ (2,500) Patient fees 448,500 448,500 474,711 26,211 Intermediate Care Facilities 330,000 330,000 336,805 6,805 Medicaid/Medicare 3,758,951 3,758,951 3,413,381 (345,570) Home and Community Based Services 1,330,000 1,330,000 1,272,068 (57,932) Texas -Home Living Waiver 300,000 300,000 274,704 (25,296) Medicaid 1115 Waiver - - 209,376 209,376 Donations 40,000 40,000 19,256 (20,744) Miscellaneous income 31,000 31,000 58,738 27,738 Total Local Revenues 6,379,151 6,379,151 6,197,239 (181,912) STATE PROGRAM REVENUES General Revenue - MHAdult 2,151,509 2,151,509 2,148,162 (3,347) General Revenue - MH Child 246,227 246,227 246,226 (1) General Revenue - IDD 1,029,156 1,029,156 1,108,062 78,906 New Generation Medications 403,172 403,172 414,224 11,052 Crisis Services 472,545 472,545 487,034 14,489 Veteran's Services 55,000 55,000 55,000 - Early Childhood Intervention 158,506 158,506 156,765 (1,741) Substance Abuse 9,639 9,639 9,639 OBRA Funds 1,032 1,032 - (1,032) TCOOMMI 267,500 267,500 262,804 (4,696) Total State Program Revenues 4,794,286 4,794,286 4,887,916 93,630 FEDERAL PROGRAM REVENUES Mental Health Block Grant 351,440 351,440 351,440 - Social Services Block Grant 66,798 66,798 66,798 - TANF to Title XX 93,926 93,926 93,926 - Block Grants for Substance Abuse 49,845 49,845 49,845 - Early Childhood Intervention 808,855 808,855 808,855 - ECI Medicaid Administrative Claiming 95,200 95,200 68,000 (27,200) Community Development Block Grant 24,606 24,606 27,805 3,199 Total Federal Program Revenues 1,490,670 1,490,670 1,466,669 (24,001) Investment Earnings 12,500 12,500 9,104 (3,396) Total Revenues $ 12,676,607 $ 12,676,607 $ 12,560,928 $ (115,679) The accompanying notes are an integral part of these financial statements. Vol. 198 %. Exhibit B-5 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual - General Fund Year Ended August 31, 2013 EXPENDITURES Current Salaries Fringe benefits Travel Drugs and medications Other consumable items Rent and operating costs Repairs and maintenance Vehicle operations Consultants and professionals Utilities and telephone Client costs Insurance Training and dues Miscellaneous Total Current Expenditures Capital outlay Debt service Principal Interest Total Expenditures Excess of Revenues Over Expenditures Other Financing Sources Proceeds from sale of assets Total Other Financing Sources Net Change in Fund Balance Fund Balance, September 1 Fund Balance, August 31 136,156 136,156 1,055,388 1,055,388 1,055,388 $ 1,055,388 $ 1,055,388 $ 1,191,544 $ 136,156 The accompanying notes are an integral part of these financial statements. Vol.-198 IPg. '2'ov Variance Budgeted Amounts Actual with Final Original Final Amounts Budget $ 6,806,731 $ 6,806,731 $ 6,737,937 $ 68,794 1,870,745 1,870,745 1,759,518 111,227 264,743 264,743 240,599 24,144 300,000 300,000 300,076 (76) 170,000 170,000 147,190 22,810 164,000 164,000 161,629 2,371 322,841 322,841 304,196 18,645 180,000 180,000 238,204 (58,204) 1,801,000 1,801,000 1,757,201 43,799 432,858 432,858 311,617 121,241 73,150 73,150 105,787 (32,637) 93,489 93,489 97,161 (3,672) 62,250 62,250 49,245 13,005 29,800 29,800 59,047 (29,247) 12,571,607 12,571,607 12,269,407 302,200 - - 43,471 (43,471) 91,350 91,350 198,454 (107,104) 13,650 13,650 30,969 (17,319) 12,676,607 12,676,607 12,542,301 134,306 - - 18,627 18,627 117,529 117,529 117,529 117,529 136,156 136,156 1,055,388 1,055,388 1,055,388 $ 1,055,388 $ 1,055,388 $ 1,191,544 $ 136,156 The accompanying notes are an integral part of these financial statements. Vol.-198 IPg. '2'ov MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Statement of Net Position - Fiduciary Funds August 31, 2013 ASSETS Cash and cash equivalents Total Assets LIABILITIES Due to clients Total Liabilities Exhibit C -1 Client Agency Fund $ 10,058 10,058 10,058 $ 10,058 The accompanying notes are an integral part of these financial statements. Vol. 198 FV. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 1; Reporting Entity Mental Health Mental Retardation Authority of Brazos Valley (the "Center ") is a public entity established under the Texas Mental Health and Mental Retardation Act of 1965 and organized under Chapter 534, Title 7 of the Texas Health and Safety Code. The Act provided for the creation of local community mental health and mental retardation centers to develop and implement community -based mental health, mental retardation, and addiction services. The Center is governed by an independent board; has the authority to make decisions; appoint administrators and managers, significantly influence operations; and has the primary financial accountability for fiscal matters. The Center is not included in any other governmental reporting entity as defined in Section 2100, Codification of Governmental Accounting and Financial Reporting Standards. In determining the financial reporting entity, the Center complies with the provisions of Government Accounting Standards Board Statement No. 14, "The Financial Reporting Entity," which requires inclusion of all component units of which the Center appoints a voting majority of the units' board and the Center is either able to impose its will on the unit, or a financial benefit- relationship or burden - relationship exists. There are no component units or entities for which the Center is considered to be financially accountable. Note 2: Government -Wide and Fund Financial Statements The government -wide financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the primary government. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business -type activities, which rely to a significant extent on fees and charges for support to external users. The Center does not have any business- type activities. The statement of activities demonstrates the degree to which the direct expenses of a given function or segments are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to consumers or responsible third parties who purchase, use, or directly benefit from services or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Other items not properly included among program revenues are reported instead as general revenues. Administrative expenses are allocated among the Center's programs, based on each program's proportionate share of total expenses. Separate financial statements are provided for governmental and fiduciary funds, even though the latter are excluded from the government -wide financial statements. The government -wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the fiduciary fund financial statements. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. 19 Vol. 198 Pg. ✓� MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 3: Measurement Focus, Basis of Accounting and Financial Statement Presentation Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenue to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to claims and judgments, are recorded only when payment is due. Grant revenues are recognized only as grant expenditures are incurred to the extent that the expenditures are allowable and eligible for reimbursement. Grant revenue, patient fees and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenue of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the Center. The Center allocates indirect expenses primarily comprised of administrative services to operating functions and programs benefiting from those services. Administrative services include overall management, centralized budgetary formulation and oversight, accounting, financial reporting, payroll, procurement contracting and oversight, investing and cash management, personnel services, and other central administrative services. Allocations are charged to programs based on use of central services determined by various allocation methodologies. The Center reports the following major governmental fund: The general fund is the Center's primary operating fund and accounts for all financial resources of the general government, except those required to be accounted for in another fund. Additionally, the Center reports the following fund type: The client agency fund is a fiduciary fund type used to account for assets held for clients of the Center. The fund is purely custodial (assets equal liabilities) and does not involve the measurement of the results of operations. When both restricted and unrestricted resources are available for use, it is the Center's policy to use restricted resources first, then unrestricted resources as they are needed. Additionally, the Center would first use committed, then assigned, and lastly unassigned amounts of unrestricted fund balance when expenditures are made. Note 4: Assets, Liabilities and Net Position Cash and cash equivalents — The Center considers cash on hand, demand deposits and short term investments with original maturities of three months or less from date of acquisition to be cash equivalents. Accounts Receivable — Accounts receivable from patients and insurance companies for services rendered are reduced by the amount of such billings deemed by management to be ultimately uncollectible. Consumers pay their portion at the time the service is rendered. Inventories — Drug inventory is valued at the lower of cost or market, on a fast in, first out basis. The drugs are expended at cost as they are consumed throughout the year. inventories are equally offset by nonspendable fund balance in the governmental funds balance sheet, which indicates that it does not constitute available spendable resources even though they are components of net current assets. 20 Vol.-198 Pg. �� MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 4: Assets, Liabilities and Net Position —continued Prepaid Items — Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both government -wide and governmental fund financial statements. Prepaid assets are equally offset by nonspendable fund balance in the governmental funds balance sheet, which indicates that it does not constitute available spendable resources even though they are components of net current assets. Capital Assets — Capital assets, which include property, plant and equipment, are reported in the government -wide financial statements. Capital assets are defined by the Center as assets with an initial, individual cost of more than $2,500 and an estimated useful life in excess of three years. Such assets are recorded at historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The cost of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Capital assets also include the cost of capitalized leases. Amortization of capital leases is included in depreciation expense. Property, plant, and equipment of the primary government are depreciated using the straight line method over the following estimated useful lives: Building and improvements 10 - 50 years Furniture, equipment, and software 3 - 10 years Vehicles 3 years Compensated Absences — The Center provides compensated absence benefits to its employees. All regular full -time and regular part-time employees of the Center will be entitled to accrue vacation leave on a monthly basis. Full -time employees shall accrue vacation time based on length of service. Regular part-time employees who work 20 or more hours per week will accrue leave at the same ratio as time worked, and the hours accrued will be based on the same schedule as full -time employees. The maximum carryover each year ranges from SO hours to 160 hours based on years of service. Upon termination, an employee with more than six months' service with the Center will be paid a lump sum payment for the balance of the accrued vacation leave up to the maximum carryover. Compensated absences are accrued in the government -wide financial statements. Governmental funds accrue only the compensated absences expected to be paid with available resources at year -end. Long -term Obligations — In the government -wide financial statements, long -term debt and other long -term obligations are reported as liabilities. The governmental fund financial statements recognize the proceeds of debt as other financing sources of the current period and debt retirements are reported as debt service expenditures. Fund Balance — In the fund financial statements, governmental funds reported the following classifications of fund balance: Nonspendable — includes amounts that cannot be spent because they are either not spendable in form or are legally or contractually required to be maintained intact. All amounts reported as Nonspendable at August 31, 2013 are nonspendable in form. The Center has not reported any amounts that are legally or contractually required to be maintained intact. Assigned — includes general fund amounts constrained for a specific purpose by a governing board or by an official that has been delegated authority to assign amounts. Unassigned — includes amounts that have not been assigned to other funds or restricted, cormnitted or assigned to a specific purpose within the General Fund. 21 Vol. 198 Pg. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 4: Assets, Liabilities and Net Position — continued Minimum fund balance policy — The Board of Trustees directs that fiscal policies should achieve and maintain a minimum balance in the General Fund with sufficient working capital and a margin of safety to address local and regional emergencies without borrowing. Source of Funds — Some funds from federal and other state sources represent fee for service reimbursements, as well as project grants. The funds that are specifically for the individual patient service reimbursements are reported as local funds. Tax - Exempt Status —The Internal Revenue Service has issued a determination letter dated July 1, 1974, stating that the Center qualifies as an organization described in Section 501(c)(3) of the Internal Revenue Code and, accordingly, is exempt from Federal income taxes. Use of Estimates —The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates. Note 5: Stewardship, Compliance, and Accountability The Executive Director is responsible for the preparation of the Center's budget with the assistance of the Chief Financial Officer (CFO) and program staff. An estimate of revenue and compilation of requested departmental expenditures by program category are prepared and submitted to the Board of Trustees. The Board of Trustees then may increase or decrease the amounts submitted in the budget before it is submitted to the Commission for approval. The Commission schedules a budget hearing usually between June 15 and October 15, at which time the budget is approved or the Center is directed to make necessary changes and resubmit the budget. The final budget is thus approved by the Commission generally before November 15. Budgeted expenditures for current operating funds cannot exceed the available cash balances in such funds at September I plus the CFO's estimate of revenue for the budgeted fiscal year. The Center may transfer existing surpluses between budget categories during the year and increase the budget according to budgeting and expenditure guidelines of Health and Human Services Commission and report such budget amendments in the required Quarterly Community Center Financial Report. The budget for the General Fund is prepared using the current financial resources measurement focus and the modified accrual basis of accounting consistent with generally accepted accounting principles for a governmental fund. Note 6: Deposits and Investments Cash and time deposits Custodial credit risk — deposits. The Center's cash deposits were fully secured at August 31, 2013 by federal deposit insurance and by pledged securities held by the Center's agent in the Center's name. Such total collateralization and insurance coverage is required by the Rules of the Commissioner of the Health and Human Services Commission (HHSC) and the Board of Trustees of the Center. 22 Vol. 198 Pg. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 6: Deposits and Investments — continued Investments The Center's investment policies and types of investments are governed by the Public Funds Investment Act (PFIA). These policies authorize the Center to invest in 1) obligations of the U.S. or its agencies and instrumentalities; 2) fully insured or collateralized certificates of deposits from a bank doing business in the State of Texas; 3) interest or non- interest bearing checking or savings accounts; 4) repurchase agreements; and 5) mutual fund money market accounts. During the year ended August 31, 2013, the Center did not own any investments other than funds kept in interest bearing checking or savings accounts. Interest rate risk — This is the risk that changes in interest rates will adversely affect the fair value of an investment. In accordance with its investment policy, the Center manages its exposure to declines in fair values by limiting the maximum allowable stated maturity of any individual investment owned by the Center to two years unless approved by the Board of Trustees. Credit risk — This is the risk that an issuer or other counterparty to an investment will not fulfill its obligation. State law limits investments in public funds investment pools to those rated no lower than AAA or AAAm or an equivalent rating by at least one nationally recognized rating service. At August 31, 2013, the Center was not exposed to credit risk. Concentration of credit risk — This is the risk of loss attributed to the magnitude of the Center's investment in a single issuer. At a minimum, diversification standards by security type and issuer shall be: Investment Type Treasury Instruments Agencies/Similar Instruments Certificates of Deposit Constant Dollar Pools Money Market Mutual Funds Interest & Non - Interest Bearing Bank Accounts Repurchase Agreements Maximum Maturity Maximum % One year 50% Two years 20% One year 50% N/A 100% N/A 50% N/A 100% N/A 50% 23 Vol. 198 Pg. `� MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 7: Receivables from Other Governments Receivables from other governments are for reimbursement of expenditures and fees for service provided under various programs and grants. All amounts are expected to be collected within the next year. A summary of these receivables as of August 31, 2013 are as follows: Local funds Amount Medicaid Administrative Claiming $ 203,446 Home and Community Based Services 132,374 Medicaid and Medicare 496,910 Intermediate Care Facilities 23,432 State Awards TCOOMMI 44,251 Early Childhood Intervention 492 Federal Awards Early Childhood Intervention 14,770 Community Development Block Grant 6,952 Total $ 922,627 Note 8: Capital Assets A summary of changes in capital asset balances for the year ended August 31, 2013, is as follows: 24 Vol. 198 Pg. �� Balance Balance Governmental Activities: September 1, 2012 Additions Retirements August 31, 2013 Nondepreciable assets: Land $ 342,729 $ $ (15,000) $ 327,729 Total nondepreciable assets 342,729 - (15,000) 327,729 Depreciable assets: Buildings and improvements 3,174,261 43,471 (201,855) 3,015,877 Furniture, equipment, and software 879,353 - 879,353 Vehicles 904,789 - 904,789 Total depreciable assets 4,958,403 43,471 (201,855) 4,800,019 Accumulated depreciation: Buildings and improvements 1,220,987 80,046 (121,635) 1,179,398 Furniture, equipment, and software 491,006 113,853 604,859 Vehicles 771,868 111,707 883,575 Total accumulated depreciation 2,483,861 305,606 (121,635) 2,667,832 Total capital assets, net $ 2,817,271 $ (262,135) $ (95,220) $ 2,459,916 24 Vol. 198 Pg. �� MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 8: Capital Assets -continued In the government -wide financial statements, depreciation expense of $305,606 was charged to the Center's programs as follows: Governmental Activities Mental Health - Adult $ 107,795 Mental Health - Child 17,729 Intellectual and Developmental Disabilities 103,134 Early Childhood Intervention 38,481 Administration 38,467 Total Depreciation Expense $ 305,606 Note 9: Long -Term Obligations The following is a summary of changes in long -term liabilities of the Center for the year ended August 31, 2013: Three notes to Citizens State Bank were executed in fiscal year 2010. The first note is payable in monthly installments of $2,766 and matures in December 2014. The second is payable in monthly installments of $2,765 and matures in March 2015. The third is payable in monthly installments of $1,385 and matures in June 2015. A fourth note was executed with Citizens State Bank in fiscal year 2011, with monthly installments of $1,730 and matures in March 2016. All four notes carry an interest rate of 4.25% and are collateralized by various vehicles. The following are debt service requirements for notes payable to maturity: Year Ending August 31, Obligations Interest Obligations 2014 $ 98,290 $ Outstanding 103,746 Outstanding Amount Due 1,581 September 1, 2016 August 31, Within One Governmental activities: 2012 Additions Retirements 2013 Year Notes payable $ 266,912 $ $ (93,834) $ 173,078 $ 98,290 Capital leases payable 428,745 (104,620) 324,125 110,389 Compensated absences 256,654 3,298 259,952 $ 952,311 $ 3,298 $ (198,454) $ 757,155 $ 208,679 Three notes to Citizens State Bank were executed in fiscal year 2010. The first note is payable in monthly installments of $2,766 and matures in December 2014. The second is payable in monthly installments of $2,765 and matures in March 2015. The third is payable in monthly installments of $1,385 and matures in June 2015. A fourth note was executed with Citizens State Bank in fiscal year 2011, with monthly installments of $1,730 and matures in March 2016. All four notes carry an interest rate of 4.25% and are collateralized by various vehicles. The following are debt service requirements for notes payable to maturity: Year Ending August 31, Principal Interest Total 2014 $ 98,290 $ 5,456 $ 103,746 2015 63,143 1,581 64,724 2016 11,645 162 11,807 $ 173,078 $ 7,199 $ 1 80,277 25 Vol. 198 Pg. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 9: Lang -Tenn Obligations — continued The Center leases their phone system and some computers and software that are classified as capital leases and will expire in 2017 and 2015, respectively. Such assets totaled $494,487 and are included in depreciable assets. Related amortization expense is included in depreciation expense. Future minimum lease payments under capital leases are as follows: Year Ending August 31, 2014 $ 127,153 2015 97,946 2016 92,400 2017 38,479 Total minimum lease payments 355,978 Less amount representing interest (31,853) Present value of minimum lease payments $ 324,125 Note 10: Operating Lease Obligations The Center leases certain equipment which is utilized in its operations under short-term leases. Some of these leases have renewal options. Rent expense for the year ended August 31, 2013, was $161,629. The future minimum lease payments under operating leases as of August 31, 2013 are as follows: Year Ended August 31 2014 2015 Note 11: Pension Plan Amount $ 150,216 43,435 $ 193,651 The Center sponsors a defined contribution pension plan that covers all regularly scheduled employees working twenty or more hours per week. Employer match begins after six months of employment. Employees who participate must contribute 5.0% of earnings and have the option of contributing an additional amount capped by IRS regulations. The Center contributed an amount equal to 5.0% of eligible employee's base salary for the year ending August 31, 2013. Employer contributions for each employee (and earnings allocated to the employee's account) are fully vested after 5 years of continuous service (20% for each year of service). Center contributions and earnings on accounts forfeited by employees who leave employment before five years of service are used to reduce the Center's contribution requirements. The amount of the contribution made by the Center for the fiscal year ended August 31, 2013 was $199,467. 26 Vol. 198 Pg. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 12: Risk Management The Center is exposed to various risks of loss related to general liability, torts, theft of, damage to and destruction of assets, errors and omissions, injuries to employees, doctors' malpractice and natural disasters. The Center's workers compensation, property, liability and automobile physical damage losses are covered under a partially self - funded insurance pool managed by the Texas Council Risk Management Fund. Under these policies, the Center could be assessed for additional premiums if losses exceed specified amounts. Center management believes that the financial statements contain reasonable estimates for any liability related to such claims. There were no significant reductions in coverage in the past fiscal year, and there were no settlements exceeding the maximum amounts to be paid by the pool in any of the past three fiscal years. Note 13: Concentrations of Credit Risk A substantial portion of the Center's revenues are in the form of performance contracts with the Texas Department of State Health Services and the Texas Department of Aging and Disability Services (State). As a result, the Center's overall exposure to credit risk is contingent upon future funding by the Stale. Historically, the Center's uncollectible accounts receivable have been immaterial. The Center does not require collateral for its receivables. Note 14: Commitments and Contingencies The Center has participated in a number of federal and state assisted grant programs. These programs are subject to financial and compliance audits by the grantors or their representatives and regulatory authorities. The purpose of these audits is to ensure compliance with conditions relating to the granting of funds and other reimbursement regulations. The Center's management believes that any liability for reimbursement which may arise as a result of these audits is not believed to be material to the financial position of the Center. The Center is subject to certain penalties in the event that performance targets are not met. For fiscal year 2008 through 2011, the Center funded 50% of workers' compensation premiums up front (assessed by TCRMF based on the standard contribution for that year). Based on actual claims for that year, TCRMF can later assess up to 110% of that year's standard contribution. For fiscal years 2012, the Center funded 80% and TCRMF can later assess up to 100% of that year's standard contribution. Thus, the Center has contingencies relating to previous years' workers' compensation claims for plan years that have not been declared closed. The maximum exposure for such open plan years (excluding 2013, which is not known at this time) is $396,016, which represents the difference between contributions paid in and the maximum contribution for those plan years. As a result, the Center has accrued $24,695 for such contingencies in the accompanying financial statements. Note 15: Patient Assistance Program Consumers periodically receive prescription medications through a program known as the Patient Assistance Program (PAP). These prescriptions are provided at no cost to the consumer. These items do not meet the criteria for recognition on the Center's financial statements; however, they do provide significant assistance to the consumers the Center serves. Management estimates that consumers received prescription medications through this program valued at approximately $1,197,000 during the year ending August 31, 2013. 27 Vol. 198 pg. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Financial Statements Year Ended August 31, 2013 Note 16: Medicaid 1115 Waiver In December of 2011, the Centers for Medicare and Medicaid Services (CMS) approved the State of Texas' application called Medicaid Waiver 1115 which aims redesign healthcare delivery in Texas consistent with CMS' aim to improve the experience of care, to improve the health of populations, and to reduce the cost of healthcare without compromising quality. The Waiver called for local entities to propose Delivery System Reform Incentive Program (DSRIP) projects categorized either for Infrastructure Development (Category 1), Program Innovation and Redesign (Category2), or Quality Improvement (Category 3). The entire State of Texas was divided into regions and Community Mental Health programs were allowed 10% of each region's DSRIP allocation. This allocation utilized valuation of the projects rather than cost as the basis for project reimbursement. In addition, the program developed four passes or phases to effectively reallocate unutilized funds, where Pass I consisted of the initial allocations; Pass 2 will utilize 75% of remaining allocations for community mental health centers, etc. This funding provides incentive payments for healthcare improvements. The Center recognized $209,376 of Medicaid 1115 Waiver revenues in the general fund and statement of activities for the year ended August 31, 2013. 28 Vol. 198 Pg. OTHER SUPPLEMENTARY INFORMATION Vol.-198 Pg. //U MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Capital Assets Used in the Operation of Governmental Funds Schedule by Source August 31, 2013 Total Governmental Funds Capital Assets Land $ 327,729 Buildings and improvements 3,015,877 Furniture, equipment, and software 879,353 Vehicles 904,789 Total Governmental Funds Capital Assets $ 5,127,748 Investment in Governmental Funds Capital Assets by Source General Fund $ 5,127,748 Total Investment in Governmental Funds Capital Assets $ 5,127,748 Vol. 198 F'g Z// MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Capital Assets Used in the Operation of Governmental Funds Schedule of Function and Activity August 31, 2013 Vol. 198 Pioo� Buildings Furniture, and Equipment, Function Land Improvements and Software Vehicles Total Mental Health Adult $ 92,461 $ 1,151,764 $ 321,052 $ 266,361 $ 1,831,638 Intellectual and Developmental Disabilities 113,428 1,182,201 278,076 381,229 1,954,934 Mental Health Child 21,804 277,882 41,596 37,256 378,538 Early Childhood Intervention and Other 4,400 100,370 108,503 179,599 392,872 Administrative 95,636 303,660 130,126 40,344 569,766 Total Governmental Funds Capital Assets $ 327,729 $ 3,015,877 $ 879,353 $ 904,789 $ 5,127,748 Vol. 198 Pioo� MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Capital Assets Used in the Operation of Governmental Funds Schedule of Changes by Function and Activity Year Ended August 31, 2013 Vol. 198 04. September 1, Transfers and August 31, Function 2012 Additions Retirements 2013 Mental Health Adult $ 2,611,211 $ 14,495 $ (794,068) $ 1,831,638 Intellectual and Developmental Disabilities 1,305,119 23,945 625,870 1,954,934 Mental Health Child 511,860 3,850 (137,172) 378,538 Early Childhood Intervention and other 476,068 - (83,196) 392,872 Administrative 396,874 1,181 171,711 569,766 Total Governmental Funds Capital Assets $ 5,301,132 $ 43,471 $ (216,855) $ 5,127,748 Vol. 198 04. STATISTICAL SECTION (UNAUDITED) Vol. 198 Pg. /v MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Revenue and Expenditures by Source of Funds General Fund Year Ended August 31, 2013 Fund Source Objects of Expense: Personnel Employee benefits Professional and consultant services Training and travel Capital outlay Non - capitalized equipment Pharmaceutical expense Pharmaceutical expense -PAP Other operating expense Allocation of General and Administration to Strategies Allocation of Authority Administration to Strategies Total Expenditures Method of Finance: General Revenue - MH General Revenue - IDD Mental Health Block Grant TANF to Title XX PASRRIOBRA Funds New Generation Meds Crisis Services - MH Social Services Block Grant Permanency Planning TCOOMMI Substance Abuse Veteran's Services CLOT Funds HCS/TxHML/ICFMR Medicaid/Medicare PAP Contributions Other State Funds Required Local Match Additional Local Funds and Other Total Expended Sources Total Mental Health Total Mental Child and Total Health Adult Adolescent Revenue Expenditures Expenditures $ 5,869,829 $ 1,915,529 $ 460,438 1,495,129 465,783 119,057 1,705,989 728,868 159,928 246,068 89,417 39,499 75,887 36,069 4,555 98,424 32,846 7,603 300,075 295,171 73 1,196,687 1,196,687 - 1,256,505 401,494 83,977 1,217,694 415,228 99,143 276,432 115,082 27,478 $ 13,738,719 $ 5,692,174 $ 1,001,751 $ 2,147,216 $ 1,948,421 $ 445,967 817,193 - 351,440 260,644 90,796 93,926 - 93,926 8,441 5,962 - 414,224 414,224 487,034 - 66,798 66,798 11,501 - - 262,804 262,804 - 59,484 59,484 - 55,000 55,000 - 279,368 - - 1,883,577 - - 3,472,939 1,260,713 371,062 1,196,687 1,196,687 - 965,620 - 377,479 303,839 924,144 (142,402) - $ 13,874,875 $ 5,692,174 $ 1,001,751 Vol. 198 Pg. �� Vol. 198 3?)g. 7�� Total Total Intellectual and Excess (Deficit) Mental Health Developmental Total Other Total Revenue Crisis Disabilities Services Center over Expenditures Expenditures Expenditures Expenditures Expenditures $ 214,071 $ 1,996,706 $ 1,283,085 $ 5,869,829 64,383 570,800 275,106 1,495,129 107,948 550,125 159,120 1,705,989 5,467 59,745 51,940 246,068 19 35,244 - 75,887 1,372 34,150 22,453 98,424 4,831 - - 300,075 - - - 1,196,687 34,597 583,762 152,675 1,256,505 49,024 434,000 220,299 1,217,694 13,587 120,285 276,432 $ 495,299 $ 4,384,817 $ 2,164,678 $ 13,738,719 $ $ $ $ 2,394,388 $ (247,172) 817,193 - 817,193 - - 351,440 - - 93,926 2,479 - 8,441 - - 414,224 487,034 - 487,034 - - - 66,798 11,501 - 11,501 - - - 262,804 - - 59,484 - - - 55,000 - 279,368 - 279,368 - 1,883,577 - 1,883,577 - 523,483 934,886 3,090,144 382,795 - - 1,196,687 - - - 965,620 965,620 8,265 65,375 - 377,479 - - 801,841 264,172 923,611 533 $ 495,299 $ 41384,817 $ 2,164,678 $ 13,738,719 $ 136,156 Vol. 198 3?)g. 7�� MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Reconciliation of Total Revenues to Fourth Quarter Financial Report Year Ended August 31, 2013 STATE PROGRAM REVENUES General Revenue - MH Adult 1,948,421 Revenues c 2,148,162 General Revenue - MH Child 445,967 Audited (199,741) c Care General Revenue - IDD Financial Block Grants for Substance Abuse Report III Additions Deletions Statements LOCAL REVENUES 817,828 (8,973) b 414,224 City and county governments $ 138,200 $ $ $ 138,200 Patient fees 474,711 55,000 474,711 Intermediate Care Facilities 336,805 Early Childhood Intervention 336,805 Medicaid/Medicare 3,472,939 (59,558) b 3,413,381 Home and Community Based Services 1,272,068 b 1,272,068 Texas -Home Living Waiver 274,704 274,704 Medicaid 1115 waiver - 209,376 b 209,376 Donations 19,256 Total State Program Revenues 19,256 Miscellaneous income and interest 287,082 (219,240) b 67,842 Total Local Revenues 6,275,765 209,376 (278,798) 6,206,343 STATE PROGRAM REVENUES General Revenue - MH Adult 1,948,421 199,741 c 2,148,162 General Revenue - MH Child 445,967 66,798 (199,741) c 246,226 General Revenue - IDD 1,108,062 Block Grants for Substance Abuse 59,484 1,108,062 New Generation Medications 414,224 817,828 (8,973) b 414,224 Crisis Services 487,034 68,000 b 68,000 487,034 Veteran's Services 55,000 27,805 Total Federal Program Revenues 55,000 Early Childhood Intervention 147,792 8,973 b 156,765 Substance Abuse - 9,639 b 9,639 PASRR/OBRAFunds 8,441 (8,441) b TCOOMMI 262,804 262,804 Total State Program Revenues 4,877,745 218,353 (208,182) 4,887,916 FEDERAL PROGRAM REVENUES Mental Health Block Grant 351,440 351,440 Social Services Block Grant 66,798 66,798 TANF to Title XX 93,926 93,926 Block Grants for Substance Abuse 59,484 (9,639) b 49,845 Early Childhood Intervention 817,828 (8,973) b 808,855 Early Childhood Intervention (MAC) - 68,000 b 68,000 Community Development Block Grant 27,805 27,805 Total Federal Program Revenues 1,417,281 68,000 (18,612) 1,466,669 Other Financing Sources Proceeds from sale of assets 107,397 10,132 b 117,529 PAP contributions 1,196,687 (1,196,687) a - Total Other Financing Sources 1,304,084 10,132 (1,196,687) 117,529 Total Revenues $ 13,874,875 $ 505,861 $ (1,702,279) $ 12,678,457 Vol. 198 E3. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Reconciliation of Total Expenditures to Fourth Quarter Financial Report Year Ended August 31, 2013 a - Free medicine used b - Reclass of funds and rounding c - Reclass of MHA funds used for MHC benefit Vol. 198 09. Expenditures Audited Care Financial Function Report III Additions Deletions Statements Personnel $ 6,737,937 $ $ $ 6,737,937 Employee Benefits 1,759,518 1,759,518 Professional and Consultant Services 1,724,902 32,299 b 1,757,201 Training and Travel 262,151 27,693 b 289,844 Capital Outlay 99,193 (55,722) b 43,471 Non - Capitalized Equipment 98,166 55,718 b 153,884 Pharmaceutical Expense 300,076 300,076 Pharmaceutical Expense (PAP only) 1,196,687 (1,196,687) a - Other Operating Expense 1,560,089 (59,719) b 1,500,370 Total Expenditures $ 13,738,719 $ 115,710 $ (1,312,128) $ 12,542,301 a - Free medicine used b - Reclass of funds and rounding c - Reclass of MHA funds used for MHC benefit Vol. 198 09. 0 0 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Indirect Costs Year Ended August 31, 2013 Vol. 198 3 §9. Non - Total Total allowable Adjusted Direct Indirect Costs Costs Depreciation Costs Costs Costs Personnel $ 6,737,937 $ $ $ 6,737,937 S 5,869,828 $ 868,109 Fringe benefits 1,759,518 1,759,518 1,495,130 264,388 Drugs and medications 300,076 300,076 300,076 - Contracted direct services: External providers 1,757,201 1,757,201 1,705,988 51,213 Capital outlay 43,471 (43,471) - - - Debt service - principal 198,454 (198,454) - - - Debt service - interest 30,969 30,969 28,331 2,638 Depreciation 305,606 305,606 267,139 38,467 Other operating expenses 1,714,675 (51,314) 1,663,361 1,421,466 241,895 Total expenses $ 12,542,301 $ (293,239) $ 305,606 $ 12,554,668 $ 11,087,958 $ 1,466,710 Indirect costs 1,466,710 Direct costs 11,087,958 Indirect cost rate 13.23% Vol. 198 3 §9. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Leases in Effect Year Ended August 31, 2013 Vol. 198 g. y ) 0 Monthly Lessor Location Termination Amount Leon County, Texas 529 Lassitor St., Centerville Monthly $ 500 AA Hodde 609 E. Blue Bell Rd., Brenham 09/13 - 08/14 2,863 Kate N Lippke 3421 W. Davis St., Conroe 09/13 - 08/14 850 Pablo Arriola (Group Home) 702 Kerr St, Brenham 09/13 - 08/14 1,250 Robin Hood (Group Home) 3320 Bluebonnet, Brenham 09/13 - 08/14 1,350 Dell Financial Services Agency Wide - Computers 10 /11 -9/14 2,773 GE Capital 1504 S. Texas Ave, Bryan 09/11 -10/16 7,700 Ricoh (Formerly IOS Capital) Agency Wide- Computers, Printers 03/09 - 03/14 6,205 Vol. 198 g. y ) 0 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Space Occupied in a State -Owned Facility Year Ended August 31, 2013 Location None. Building Utilization Vol. 198 3%. .SSA Cost Monthly Annual MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Insurance in Force Year Ended August 31, 2013 Insurer Texas Council Risk Management Fund Texas Council Risk Management Fund Texas Council Risk Management Fund Texas Council Risk Management Fund Texas Council Risk Management Fund Texas Council Risk Management Fund Texas Council Risk Management Fund Texas Council Risk Management Fund Policy Period 9 -1 -12 to 8 -31 -13 9 -1 -12 to 8 -31 -13 9.1 -12 to 8 -31 -13 9 -1 -12 to 8 -31 -13 9 -1 -12 to 8 -31 -13 9 -1 -12 to 8 -31 -13 9 -1 -12 to 8 -31 -13 9 -1 -12 to 8 -31 -13 Coverage Workers' Compensation Automobile Liability $ General Liability Professional Liability Errors and Omissions Property Coverages Buildings Contents Other Automobile Physical Sexual Misconduct Vol. 198 361Z. Limits or Amounts Statutory 1,000,000 1,000,000 1,000,000 1,000,000 6,188,629 1,297,444 1,079,074 Blue book value 100,000 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Bond Coverage Year Ended August 31, 2013 Title Surety Company Scope of Coverage Bill Kelly JI Special Risks Insurance Agency Pension Plan $ Dan Monson JI Special Risks Insurance Agency Pension Plan Donna Talent Anco Insurance Notary Public Sheila Lukes Anco Insurance Notary Public Sandy Batten Anco Insurance Notary Public Monica Contreras Anco Insurance Notary Public Vol. 198 "N. Bond Amount 500,000 500,000 10,000 10,000 10,000 10,000 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Professional and Consulting Fees Year Ended August 31, 2013 Name City Type of Service Aspire Behavioral Hospital Conroe In- Patient Services Brazos Valley Rehab Bryan Rehab Services Clinical Pathology Laboratories Bryan Lab Work Coker Rehabilitation Bryan Rehab Services Comprehensive Therapy Assoc. Bryan Physical Therapy Cornerstone Records Management Bryan Record Storage Dansby House Bryan Crisis Respite Davis Kinard /Carlos Taboada Abilene/Houston Audit Services Toni Drysdale Bryan Dietary Services East Texas Behavioral Health Lufkin Utilization Management Heather Hunhnke Bryan Veterans Outreach Heritage Residential Bryan Residential Services Huntsville Memorial Hospital Huntsville Physical Therapy Junction Five -O -Five College Station Supported Employment Lonestar Behavioral Health Cypress In- Patient Services Patricia Lopez Bryan Translation Services MHMRA Harris County Houston Hot Line Services Microage Consulting College Station Computer Services Nurse on Call/Lenora Robinson Uhlund Nursing Services Sign Language Interpreting Sery College Station Sign Language Services Spherion Dallas Employment Services Angels Sullivan Bryan Discharge Summaries Helen Swanson Bryan Fiscal Services William Swanson Bryan Computer Services TAMU Counseling Services College Station Counseling Services TAMU Eligibility Evaluation College Station Psychiatric Admissions TAMU Student Work -Study College Station Student Workers Texas Cypress Creek Hospital Houston Crisis Respite Treatment Assessment Services Spring On -Call Services Kathleen Van Balen Bryan Physical Therapy Viva Transcription Bryan Transcription Services Vol. 198 5g. 5Z-1 Amount 6,500 6,028 12,407 16,789 65,992 27,012 5,850 32,300 29,012 1,509 52,250 43,575 9,179 8,860 7,500 7,103 48,000 2,832 13,400 1,224 1,373 3,205 3,378 2,926 1,015 5,557 14,883 1,900 198,710 24,156 16,772 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Name None. Schedule of Legal Services Year Ended August 31, 2013 City Type of Service Amount Vol. 198 52. 5-�, SINGLE AUDIT SECTION Vol.-198 Pg. -5z �Dar�s Kinard &Co, PC ,■1■, P!'L'111. /I: :I C(:UC; \ "l';1: \' %*.S Quality. Integrity. Knomledge. First Financial Bank Building 400 Pine Street, Ste. 600, Abilene, TX 79601 325.672.4000 / 900.588.2525 / f. 325.672.7049 w ..dkcpa.mnt Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards The Board of Trustees Mental Health Mental Retardation Authority of Brazos Valley: We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of Mental Health Mental Retardation Authority of Brazos Valley (the Center), as of and for the year ended August 31, 2013, and the related notes to the financial statements, which collectively comprise the Center's basic financial statements, and have issued our report thereon dated January 17, 2014. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Center's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Center's internal control. Accordingly, we do not express an opinion on the effectiveness of the Center's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Center's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no Vol. 198 4�'g. instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Abilene, Texas January 17, 2014 Certified Public Accountants Vol. 198 4pg. Da«s Kinard &Co, lac C /iK %IFft!A !'!'!7L %C ACCO L': \'7Y1: \'1.5' Qual;ty. Integrity. Knawtedge. First Financial Bank Budding 400 Pine Street, Ste. 600, Abilene, TX 79601 325.672.4000 / 800.588.2525 / E 325.672.7049 www.dkga.rom Independent Auditor's Report on Compliance for Each Major Program and on Internal Control Over Compliance Required by OMB Circular A -133 and the State of Texas Single Audit Cingular The Board of Trustees Mental Health Mental Retardation Authority of Brazos Valley: Report on Compliance for Each Major Federal and State Program We have audited Mental Health Mental Retardation Authority of Brazos Valley's (the Center) compliance with the types of compliance requirements described in the U.S. Office of Management and Budget OMB Circular A- 133 Compliance Supplement, State of Texas Single Audit Circular (TSAQ and Guidelines for Annual Financial and Compliance Audits of Community Mental Health and Mental Retardation Centers that could have a direct and material effect on each of the Center's major federal and state programs for the year ended August 31, 2013. The Center's major federal and state programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Management's Responsibility Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal and state programs. Auditor's Responsibility Our responsibility is to express an opinion on compliance for each of the Center's major federal and state programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A -133, Audits of States, Local Governments, and Non - Profit Organizations; State of Texas Single Audit Circular and Guidelines for Annual Financial and Compliance Audits of Community Mental Health and Mental Retardation Centers. Those standards, OMB Circular A -133, TSAC, and the Audit Guidelines require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal or state program occurred. An audit includes examining, on a test basis, evidence about the Center's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal and state program. However, our audit does not provide a legal determination of the Center's compliance. Vol. 198 Pg. Opinion on Each Major Federal Program In our opinion, the Center complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal and state programs for the year ended August 31, 2013. Report on Internal Control Over Compliance Management of the Center is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the Center's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal and state program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal and state program and to test and report on internal control over compliance in accordance with OMB Circular A -133 and TSAC, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Center's internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal or state program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal or state program will not be prevented, or detected and corrected, on a timely basis, A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal or state program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of OMB Circular A -133 and TSAC. Accordingly, this report is not suitable for any other purpose. Abilene, Texas January 17, 2014 0 � qK W r �c Certified Public Accountants Vol. 198 4pg. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Expenditures of State and Federal Awards Year Ended August 31, 2013 See the accompanying notes to the Schedule of Expenditures of State and Federal Awards. Vol. 198 4h. Pass - through Entity Identifying Number Expenditures STATE AWARDS Texas Department of State Health Services (DSHS) General Revenue - MH Adult 2012- 039621 $ 2,148,162 General Revenue - MH Child and Adolescent 2012 - 039621 246,226 Crisis Services 2012- 039621 487,034 New Generation Medications 2012- 039621 414,224 Veterans Services 2012- 039621 55,000 Substance Abuse 2013- 041347 9,639 Total DSHS 3,360,285 Texas Department of Aging and Disability Services (DADS) General Revenue - IDD 12- 0142 -0001 817,193 Community Living Options Information Process (CLOIP) 12- 0142 -0001 279,368 Permanency Planning 12 -0142 -0001 11,501 Total DADS 1,108,062 Texas Department of Assistive and Rehabilitative Services (DARS) Early Childhood Intervention 5382001542 -01 153,183 Early Childhood Intervention - Respite 5382001542 -02 3,582 Total DARS 156,765 Total State Awards $ 4,625,112 See the accompanying notes to the Schedule of Expenditures of State and Federal Awards. Vol. 198 4h. MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Expenditures of State and Federal Awards Year Ended August 31, 2013 FEDERAL AWARDS U.S. Department of Health and Human Services Passed through DSHS Mental Health Block Grant Social Services Block Grant TANF to Title XX Block Grants for Community Mental Health Services Block Grants for Prevention and Treatment of Substance Abuse Passed through DARS Temporary Assistance for Needy Families (TANF) Medical Assistance Program (Medicaid; Title XIX) Total U.S. Department of Health and Human Services U.S. Department of Education Passed through DARS Special Education - Grants for Infants and Families with Disabilities (IDEA, Part C) Special Education - Grants to States (IDEA, Part B) Total U.S. Department of Education U.S. Department of Housing and Urban Development Community Development Block Grants Total U.S. Department of Housing and Urban Development Total Federal Awards Total State and Federal Awards Federal CFDA Number 93.958 93.667 93.558.667 93.958 93.959 93.558 93.778 84.181 84.027 Pass - through Entity Identifying Number Expenditures 2012- 039621 $ 351,440 2012- 039621 66,798 2012 - 039621 93,926 2013 - 041347 9,248 2013- 041347 40,597 5382001542 -01 226,434 N/A 68,000 856,443 5382001542 -01 501,731 5382001542 -01 80,690 582,421 14.218 B- 03 -MC -48 -0006 27,805 See the accompanying notes to the Schedule of Expenditures of State and Federal Awards. Vol. 198 fg. 0- 27,805 1,466,669 S 6,091,781 MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Notes to the Schedule of Expenditures of State and Federal Awards Year Ended August 31, 2013 Note 1: General The Schedule of Expenditures of State and Federal Awards presents the activity of all applicable state and federal awards of Mental Health Mental Retardation Authority of Brazos Valley (the Center). The Center's reporting entity is defined in Note I of the basic financial statements. State and federal awards received directly from federal and state agencies, as well as federal and state awards passed through other governmental agencies, are included on the Schedule of Expenditures of State and Federal Awards. Note 2: Basis of Accounting The Schedule of Expenditures of State and Federal Awards is prepared on the modified accrual basis of accounting. The modified accrual basis of accounting is described in Note 3 of the basic financial statements. State and federal grant funds are considered to be earned to the extent of expenditures made under the provisions of the grant, and, accordingly, when such funds are received, they are recorded as unearned revenues until earned. Note 3: Relationship to Basic Financial Statements Certain state and federal programs have been excluded from the Schedule of Expenditures of State and Federal Awards, including monies received under vendor contract for Title XIX ICF/MR and Title XIX HCS/MR, Medicaid Administrative Claiming (except for ECI MAC passed through DABS) and other Medicaid/Medicare funding. The state and federal monies excluded from the Schedule of Expenditures of State and Federal Awards are not considered financial assistance as defined in Office of Management and Budget (OMB) Circular A -133, Audits of States, Local Governments and Non - Profit Organizations, and are included in total local revenues in the basic financial statements. Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) and PASRR have been excluded from the Schedule of Expenditures of State and Federal Awards as these monies are considered contracts, not state or federal awards. Note 4: State Award Guidelines State awards are subject to HHSC's Guidelines for Annual Financial and Compliance Audits of Community MHMR Centers (21st Revision) as well as the Office of the Governor's State of Texas Single Audit Circular. Such guidelines are consistent with those required under the Single Audit Act of 1996, OMB Circular A -133 and Government Auditing Standards, issued by the Comptroller General of the United States. Note 5: Early Childhood Intervention The Early Childhood Intervention Program was administered with both pass - through federal funds and state funds. The Schedule of Expenditures of State and Federal Awards has been prepared reflecting the allocation by the pass - through state agency. Vol. 198 lig. � I MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BR.AZOS VALLEY Schedule of Findings and Questioned Costs Year Ended August 31, 2013 A. Summary of Auditor's Results 1. The auditor's report expresses an unmodified opinion on the basic financial statements of Mental Health Mental Retardation Authority of Brazos Valley. 2. No significant deficiencies relating to the audit of the financial statements are reported. 3. No instances of noncompliance material to the financial statements of Mental Health Mental Retardation Authority of Brazos Valley were disclosed during the audit. 4. No significant deficiencies relating to the audit of major federal and state award programs are reported. 5. The auditor's report on compliance for the major federal and state award programs for Mental Health Mental Retardation Authority of Brazos Valley expresses an unmodified opinion. 6. There were no audit findings relative to major federal or state award programs required to be reported in accordance with Section 510(a) of Circular A -133 and the State of Texas Single Audit Circular. 7. The programs tested as major federal and state award programs were: Federal — CFDA #93.958 Mental Health Block Grant Federal — CFDA #93.558.667 TANF to Title XX State — General Revenue - Mental Health Adult State — General Revenue - Intellectual and Developmental Disabilities 8. The threshold for distinguishing Types A and B programs was $300,000 for both federal and state award programs. 9. Mental Health Mental Retardation Authority of Brazos Valley did qualify as a low risk auditee. B. Findings Required to be Reported in Accordance with Government Auditing Standards None. C. Findings and Questioned Costs — Major Federal and State Award Programs None. Vol. 198 4�g. 4 V MENTAL HEALTH MENTAL RETARDATION AUTHORITY OF BRAZOS VALLEY Schedule of Prior Audit Findings Year Ended August 31, 2013 There were no findings or questioned costs in the prior year, Vol.-198 -Vg. 5 � r_ ' 23 TIER 1 - PARTIAL EXEMPTION RACIAL PROFILING REPORT Agency Name: BRAZOS CO. CONST, PCT. I Reporting Date: 02/12/2014 TCOLE Agency Number: 041 101 Chief Administrator: JEFF REEVES Agency Contact Phone: 979 -695 -0030 Information: Email: mfreeman(2co.brazos.tx.us Mailing Address: BRAZOS CO. CONST, PCT. I 128/45 FM 2154 Ste 140 College Station, TX 77845 Duane Peters County Judge 1 This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report 2.132 (Tier 1) — Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling BRAZOS CO. CONST. PCT. I has adopted a detailed written policy on racial profiling. Our policy: (1) clearly defines acts constituting racial profiling; (2) strictly prohibits peace officers employed by the BRAZOS CO. CONST. PCT. 1 from engaging in racial profiling; (3) implements a process by which an individual may file a complaint with the BRAZOS CO. CONST. PCT. I if the individual believes that a peace officer employed by the BRAZOS CO. CONST. PCT. 1 has engaged in racial profiling with respect to the individual: (4) provides public education relating to the agency's complaint process; (5) requires appropriate corrective action to be taken against a peace officer employed by the BRAZOS CO. CONST. PCT. 1 who, after an investigation, is shown to have engaged in racial profiling in violation of the BRAZOS CO. CONST. PCT. 1's policy adopted under this article; (6) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: (A) the race or ethnicity of the individual detained; (B) whether a search was conducted and, if so, whether the individual detained consented to the search; and Page 1 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Vol. 198 Pg. � � (C) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and (7) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: (A). the Commission on Law Enforcement; and (B) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. I certify these policies are in effect. Executed by: JEFF REEVES Chief Administrator BRAZOS CO. CONST. PCT. I Date: 02/12/2014 Page 2 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Vol. 198 Pg. BRAZOS CO. CONST. PCT. 1Motor Vehicle Racial Profiling Information Number of motor vehicle stops: 1. 350 citation only 2. 0 arrest only 3. 0 both Race or Ethnicity: 5 37 African 6. 5 Asian 7. 266 Caucasian 8. 42 Hispanic 9. 0 Middle Eastern 10. 0 Native American 4. 350 Total (4, 11, 14 and 17 must be equal) 11.350 Total (lines 4, 11, 14 and 17 must be equal) Race or Ethnicity known prior to stop? 12. 0 Yes 13, 350 No Search conducted? 15. 2 Yes 16. 348 No Was search consented? 18.2 Yes 19.0 No 14. 350 Total (lines 4, 11, 14 and 17 must be equal) 17. 350 Total (lines 4. 117 14 and 17 must be equal) 20. 2 Total (must equal line 15) Page 3 of 3 pages submitted electronically to the The Texas Commission on Law Enforcement Vol.-198 Pg. �S