HomeMy WebLinkAbout2018-06-26 10:00 AM REGULAR MEETINGBRAZOS COUNTY
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET
IN REGULAR SESSION ON JUNE 26, 2018 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 - Commissioner Berry
2. Call for Citizen input and/or concerns
Consider and take action on agenda items 3-19:
3. Approval of Payment Authorization to Bonscott-Wallis, LLC in the amount of $13,516.54
refunding the developer's Road Maintenance Guarantee for Lantern Cove Subdivision.
The road (Lantern Lane) was accepted for Brazos County maintenance 5/22/2018.
4. Consideration of funding for the Texas State 4-H Horse Show for the years 2019-2023
in the amount of $50,000.00 per year from Hotel Occupancy Tax monies.
5. Request authorization to wire transfer funds to the Texas Health and Human Services
Commission funds of $237,050.51 for St Joseph Regional Health Center, $38,808.00
and pay the $263.03 for monitoring fee. The Local Provider Participation Fund will be
used to make this transfer.
6. Order 18-008 declaring the funding of the creation of a full-time Court Reporter Position
and fringe benefits, and deleting two (2) part-time Court Report Positions in the 272nd
District Court as an amendment to the original budget per Section 111.070 of the Local
Government Code.
7. Request from the 272nd District Judge for the following personnel request. This
request will have an increase to the FY 18 272nd District Judge's Budget in the amount
of $3,139.00.
• a. Delete Court Reporter- 1044 hrs, Class Code 2522 Position 1, Group 27 Step
9, Pay Code 016 (Part -Time)
• b. Delete Court Reporter - 1044 hrs, Class Code 2522 Position 2, Group 27 Step
9, Pay Code 016 (Part -Time)
• c. Create Court Reporter, Class Code 2521 Position 1, Group 27 Step 9, Pay
Code 13 (Full -Time Salary)
8. Change order on purchase order 18001160 to Patterson Architects in the amount of
$687.50 for reimbursable.
9. Memorandum of Understanding between Brazos County and St. Joseph Services
Corporation.
10. Approval of the following contracts for online payments services for the Brazos County
Tax Assessor's Office.
• a. 18-041 a Forte Payment Systems
• b.18 -041b PayPal
• c.18 -041c Sturgis
11. Award of bid # 18-133 Various Aggregate, Cold Mix and Other Road Materials.
12. Renewal of the following contracts with Southwood West, A Texas General Partnership:
• a. Contract #19-010R Lease for Precinct 1, Constable
• b. Contract #19-011 R Lease for Precinct 1, Justice of the Peace
13. Request permission to enter private property owned by John Moreno, Jr. at 5395 Burt
Road 2,380 feet northeast of Smetana Road in order to clear brush around curve for
better site distance. Site is located in Precinct 4.
14. Approval of Treasurer's Report for April 2018
15. Expenditure Journal Entries FY 17/18
• 060052-060056
16. Tax Refund Applications for the following:
• a. Corelogic Tax Service - Overpayment $367.37
• b. Corelogic Tax Service - Overpayment $238.90
• c. Corelogic Tax Service - Overpayment $31.26
• d. Corelogic - Overpayment $128.94
• e. Servis One, Inc. DBA Financial Services, Inc - Overpayment $150.30
• f. Phyllis Noto & Monica & Philip Hague - Overpayment $10.01
• g. Vernon L Brown - Overpayment $91.16
17. Budget Amendments.
Budget Amendments FY 17/18 38.1 - 38.8
18. Personnel Change of Status.
Personnel Action Forms
19. Payment of Claims.
20. Sheriff's report on inmate population.
21. Announcement of interest items and possible future agenda topics.
22. Call for Citizen input and/or concerns
23. Adjourn.
Vol. P9• I
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four
minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at
the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional
Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a
Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation
under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular,
Special and/or Emergency meeting of the Court shall conduct themselves wth proper respect and decorum in speaking to,
and/or addressing the Court; in participating in public discussions before the Court: and in all actions in the presence of the
Court. Those members of the public who are inappropriately attired and/or who do not conduct themselves in an orderly and
appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of
the meeting may result in a Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or
group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and/or integrity
of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly,
profane, insulting or threatening language directed toward the Court and/or any person in the Court's presence and/or racial,
ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions:
1. cancellation of a speaker's time;
2, removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court.-iowever, responses
from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter wthout
notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge
and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing
policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act Section
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.
Voli Pa. - %�
MINUTES
JUNE 26, 2018
BRAZOS COUNTY COMMISSIONERS COURT
REGULAR MEETING
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,
June 26, 2018 with the following members of the Court present:
Duane Peters, County Judge, Absent;
Steve Aldrich, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2, Presiding;
Nancy Berry, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and officials that were in
attendance.
1. Invocation and Pledge of Allegiance
- U.S. and Texas Flag - Commissioner Berry
2. Call for Citizen input and/or concerns
There was no citizen's input.
Consider and take action on agenda items 3-19:
3. Approval of Payment Authorization to Bonscott-Wallis, LLC in the amount of $13,516.54
refunding the developer's Road Maintenance Guarantee for Lantern Cove Subdivision.
The road (Lantern Lane) was accepted for Brazos County maintenance 5/22/2018.
FV-(A-.
----"��
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
4. Consideration of funding for the Texas State 4-H Horse Show for the years 2019-2023
in the amount of $50,000.00 per year from Hotel Occupancy Tax monies.
Motion: Approve, Moved by Commissioner Steve Aldrich, Seconded by Commissioner
Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
5. Request authorization to wire transfer funds to the Texas Health and Human Services
Commission funds of $237,050.51 for St Joseph Regional Health Center, $38,808.00
and pay the $263.03 for monitoring fee. The Local Provider Participation Fund will be
used to make this transfer.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
6. Order 18-008 declaring the funding of the creation of a full-time Court Reporter Position
and fringe benefits, and deleting two (2) part-time Court Report Positions in the 272nd
District Court as an amendment to the original budget per Section 111.070 of the Local
Government Code.
A copy of the order is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
Request from the 272nd District Judge for the following personnel request. This
request will have an increase to the FY 18 272nd District Judge's Budget in the amount
of $3,139.00.
• a. Delete Court Reporter- 1044 hrs, Class Code 2522 Position 1, Group 27 Step
9, Pay Code 016 (Part -Time)
• b. Delete Court Reporter- 1044 hrs, Class Code 2522 Position 2, Group 27 Step
9, Pay Code 016 (Part -Time)
• c. Create Court Reporter, Class Code 2521 Position 1, Group 27 Step 9, Pay
Code 13 (Full -Time Salary)
A copy of the position control changes is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
Change order on purchase order 18001160 to Patterson Architects in the amount of
$687.50 for reimbursable.
Vol.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
9. Memorandum of Understanding between Brazos County and St. Joseph Services
Corporation.
A copy of the Memorandum of Understanding is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Steve Aldrich. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
10. Approval of the following contracts for online payments services for the Brazos County
Tax Assessor's Office.
• a. 18-041a Forte Payment Systems
• b.18 -041b PayPal
• c.18 -041c Sturgis
A copy of each contract is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
11. Award of bid # 18-133 Various Aggregate, Cold Mix and Other Road Materials.
The Court accepted as submitted the recommendation of the Purchasing Agent and
awarded Bid Contract 18-133 Various Aggregate, Cold Mix and Other Road Materials
as follows:
Statewide Materials Transport, LTD -Items A1, C1, D1, A2, C2, D2, 11, 13 and 16
Vulcan Construction Materials, LLC - Items 5,6,7,8 and 9
Brazos Paving, Inc. - Items 61, B3 and 15
Martin Marietta Inc. - Item 4
Texcon General Contractors - Item B2
Knife River, Corp. - Items C3, 12,14 and 17
Secondary Award as follows:
Vulcan Construction Materials, LLC - Item 4
Brazos Paving, Inc. - Items C1, D1, B2, C3 and 14
Martin Marietta Inc. - Items 5 and 6
Texcon General Contractors - Item 17
Knife River, Corp. - Items B1, B3, 8, 9, 11, 15 and 16
Texas Materials - Items Al, A2, C2, D2 and 12
A drawing was held for Secondary Item 13 and was awarded to Brazos Paving Inc.
There was a recommendation that no award be given to Item 10 due to no bids were
received and no secondary award given for Item 7 due to only one (1) bid being
received.
A copy of the bid tabulation is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
12. Renewal of the following contracts with Southwood West, A Texas General Partnership:
• a. Contract #19-010R Lease for Precinct 1, Constable
• b. Contract #19-011 R Lease for Precinct 1, Justice of the Peace
A copy of the renewal of contract is attached.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
13. Request permission to enter private property owned by John Moreno, Jr. at 5395 Burt
Road 2,380 feet northeast of Smetana Road in order to clear brush around curve for
better site distance. Site is located in Precinct 4.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
14. Approval of Treasurer's Report for April 2018
The Court voted unanimously to receive, approve and order filed as submitted the
Treasurers report for April 2018. A copy is attached and made a part of these minutes.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
15. Expenditure Journal Entries FY 17/18
• 060052-060056
A copy is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
16. Tax Refund Applications for the following:
• a. Corelogic Tax Service - Overpayment $367.37
• b. Corelogic Tax Service - Overpayment $238.90
• c. Corelogic Tax Service - Overpayment $31.26
• d. Corelogic - Overpayment $128.94
• e. Servis One, Inc. DBA Financial Services, Inc - Overpayment $150.30
• f. Phyllis Noto & Monica & Philip Hague - Overpayment $10.01
• g. Vernon L Brown - Overpayment $91.16
Pg.
I
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
17. Budget Amendments.
Budget Amendments FY 17/18 38.1 -38.8
38.1 Reallocate funds for Information Technology.
38.2 Reallocate funds for Information Technology.
38.3 Reallocate funds for Human Resources.
38.4 Transfer funds from General Improvement Fund to Certificates of Obligation
Fund.
38.5 Transfer funds from Non -Departmental to Juvenile Services.
38.6 Reallocate funds for Constable, Precinct 3.
38.7 Reallocate funds for County Attorney.
38.8 Reallocate funds for County Court at Law No. 1.
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
18. Personnel Change of Status.
Personnel Action Forms
A copy of the Personnel Change of Status requests is attached.
Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner
Nancy Berry. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
19. Payment of Claims.
Claims 8005162 — 8005389
Motion: Approve, Moved by Commissioner Nancy Berry, Seconded by Commissioner
Irma Cauley. Passed. 4-0. Ayes: Aldrich, Berry, Catalena, Cauley. Absent: Peters.
20. Sheriff's report on inmate population.
Sheriff Chris Kirk stated there were 674 inmates in jail, 563 inmates are male and 111
are female, 45 have electronic monitors and 15 are pending for monitors.
Commissioner Catalena congratulated Sheriff Kirk on the solving of an old case with the
help of new DNA technology. Commissioner Catalena said that the Sheriff's Office did
a great job and he was happy to see the family get some closure.
21. Announcement of interest items and possible future agenda topics.
�— —
Vol. 12:<_ Pg- -
Commissioner Cauley announced that the 2018 Justice of the Peace and Constable
Association Conference is being held this week at the College Station Hilton Hotel.
22. Call for Citizen input and/or concerns
There was no citizen's input.
23. Adjourn.
Pg.
I
The foregoing minutes of the Commissioners Court meeting held June 26, 2018 have
been examined and are approved in open Court this 10th day of July 2018, in Bryan,
Brazos County, Texas.
Duane Peters
County Judge
S yCa r
at
Commissi er, Precinct 2
Irma Cauley' — ----'
Commissioner, Precinct 4
Steve Aldrich
Commissioner, Precinct 1
Nancy Berry U
Commissioner, Precinct 3
Pa I o:2
BRAZOS COUNTY
COMMISSIONER'S COURT
,u1c DAY OF , 20_�
ld pvv AM/ -
Organization
(PLEASE PRINT)
gig
PL, (/ of 2—
BRAZOSCOUNTY
COMMISSIONER'S COURT
4,�DAY OF ►1
Name
(PLEASE PRINT)
N0
Organization
(PLEASE PRINT)
JUV. 94li,cxc
i Vol.%� Pg.
LI
ORDER FOR EMERGENCY AMENDMENT
FISCAL YEAR 2018
June 26, 2018
This Order for Emergency Amendment to the Brazos County Adopted
Budget for Fiscal Year 2018 ("Amendment") is entered into by the County of
Brazos, ("County") a political subdivision of the State of Texas, acting by and
through its County Commissioner's Court ("Court").
Following the adoption of the Brazos County Budget for Fiscal Year 2018
("Budget"), the 272nd District Court, Brazos County, Texas, expressed the
necessity to eliminate two (2) part-time certified court reporter positions to create
one (1) full-time certified court reporter position to comply with the statutory
requirement to record all hearings and trials. On June 18, 2018, one of the part
time court reporters gave notice that June 22, 2018, would be their last day to
report for the 272nd District Court. As with other part-time reporters, they have
accepted a full-time position in another county.
The Court has previously had extreme difficulty in finding substitute court
reporters. The Court Coordinator has not been able to identify a reporter willing
to accept the part-time position for the remaining three (30 months of the fiscal
year. If one was located, they would be from out of county and would require the
added expense of mileage and hotel housing during the week.
The Court has a number of high profile cases set for trial in July with
pretrial hearings prior to trial. One of these involves the competency of a
defendant who has been in jail for over 700 days awaiting DNA test results from
the state lab. Those results have finally been returned. The trial is preferentially
set for July 11, 2018. The case has garnered state and national attention due to
a number of issues and must be tried on schedule.
Texas is currently suffering from a statewide shortage of certified
court reporters. As a result, they are rarely in search of work and seek full-time
positions. The combination of the two part-time positions into one full-time
position is required to allow the Court to continue to serve the County. Not doing
so will result in fewer cases going to trial and longer jail times for defendant's
awaiting trial.
In order to maintain the statutory requirements, the County finds that it is
necessary to amend its Budget to delete the following positions to create the
following new position:
a. Delete Two (2) part-time Court Reporters
b. Create One (1) full-time Court Reporter
Emergency Order Amending the Brazos County Adopted Budget for Fiscal Year 2017 gage 1
7�
Vol. Pg.
Texas Local Government Code §111.010(c) provides that: 'The
commissioners court may authorize an emergency expenditure as an
amendment to the original budget only in a case of grave public necessity to
meet an unusual and unforeseen condition that could not have been included in
the original budget through the use of reasonably diligent thought and attention.
If the court amends the original budget to meet an emergency, the court shall file
a copy of its order amending the budget with the county clerk, and the clerk shall
attach the copy to the original budget."
The Court finds that the emergency expenditure as an amendment to the
original budget is authorized because the County is responsible to comply with
the statutory requirements to record all hearing and trials and the absence of the
a full-time court reporter, hearings and trials will have to be rescheduled until a
court report has been located.
PASSED AND APPROVED this 26th day of June, 2018.
Commissioner, Precinct 1
mission , Precinct 2
ATTES
o my Clerk
Brazos County, Texas
County Judge
Co mission er, Precin
Emergency Order Amending the Brazos County Adopted Budget for Fiscal Year 2017 Page 2
Vol.
Class Number 12521 _ Title: Court Reporter, 272"uDC_- _-
FLSA Status:: j Non Exempt ; Reports To: } DistrictJudge
EEOC
Education _i
---- --- -- -AI
Required:
7
i abilities to perform the duties of in official court reporter. �.
Brazos County Temptele ReNslon 120 8115/1012
Preferred: �
Job Description
Last Updated:'May, 2017
r -or.
Class Number 12521 _ Title: Court Reporter, 272"uDC_- _-
FLSA Status:: j Non Exempt ; Reports To: } DistrictJudge
EEOC
Education _i
---- --- -- -AI
Required:
- - - — - -- - -- - --
Nigh schdgl gra its egwvalent; at least two years of expedence working in.thecourtreporting field dr
any equivalent combination of education and e%penence.that provides the required: knowledge, skills, and
i abilities to perform the duties of in official court reporter. �.
Preferred: �
Exeenence
Required
The postlron regwres a thorough knowledge of machine sho hand theoryconsistent with certifiwtipn ase i.
's
Certified Shorthand Reporter. Proficient understandingandimplementation of generally -accepted. standards of
punctuation,and spellings, including legal and medlcafterminology, should be used when preparing transcripts.
Familiarity and compliance with the Uniform Format Manual and Chapter 52 of the Texas Government Ccde is
required, as well as conduct in accordance with the Code of Professional Conduct of ilia Court Reporters
Certification Board. 1
Preferred^
RealtimetranscripEon
Certificates Licenses
Registrations
- --- -
Required:
r
----- .t- _——..-- -- - -- - - -_
Cedificajion asa Certified Shodhand;Report'er through theSupreme Court of Texas;
i�
Preferred:)
-... _
Vol, v� z� Pg. /
by
This ls:S hard working Court handling many Jury trials and.heanngs. Court Reporter must have the physical
and emotional health and stamina to Handle such aschedule and environment. Many appeals may_also result
from many�.trials and hearings.:
This is a.hard-working Court handling many Jury trialsandhearings:' Court Reporter must have the physical
and emotional health and stamina, to; handle such a -schedule and environment Many appeals may also result
from many trials and hearings:
vol —Z ZL pa._,//_�
r
BRAZOS COUNTY, TEXAS
REQUESTED POSITION CONTROL CHANGES TO ADOPTED BUDGET
272nd District Court- Prorated
For the Year Ending September 30, 2018
Letter Dale:
6/19/2018
Effective Date:
6/30/2018
Biweekly/
Base
tncmattl
maeaeel
mcraasel Increase)
me,easel
Agenda Date.
6/26/20t8
Basic Pay Budget Hourly
Budget
(orcrca:r)
rc—')
cr--) (11_")
(D n.)
Salary+
Uuemploy MedhaV
Depart.
Title
Class Post. Group
Steps Code Hours Bate _
Merit
Saiarlex
FICA
Retirement
..W/C
meat Dentol
1 Request:
Delete Position
From:
272nd District Court
FY 18 Adopted Salary
51630000
53100000
53200000 53800000
53900000 MedicallFlex
22100100
Const Reporter-1044Ins
To:
Nmv FY 18 Requested Salary
(19,454 00)
(1,488.00)
(2,772.00) (679.00)
- -
RESULT:
Decrease
NET RESULT: (24,393.00)
2 Request: Delete Position
From: 272nd District Court
22100100 Court Reporter- 1044 hrs
To:
RESULT: C,Decreale .._.
NET RESULT: (24,393 00)
3 Request: Create Position
From: 272nd District Court
To:
22100100 Court Reporter
RESULT: /Increase
NET RESULT: 51,925 00
Actual
Delete to create full-time Court Reporter
_ FY 18 Adopted Salary_ 51630000 53100000 53200000 53800000 53900000 Medical/Flex
X2522 2, , __27 9 :..,016 520 3741 1945400]
(19,454.00) (1,488.00) (2,772.00) (679.00)
Actual -
Delete to create full-time Court Reporter
FY 18 Adopted Solary
.....
Total Cost_.. '
$ 3,139.00 Fln6rease toq,Y 18 Pj,
Actual 38,906.40
51300000 53100000 53200000 53800000 53900000 Medical/Flex
38,907.00 2,976,00 5,54400 1358.00 - 3,140.00
Salary Position
For Budget Office U
$
$ $ - $ - $ 3,140.00
Approved by:
Salary 513 000 38,907.00
Hourly 51 30000 (38,908.00)
Flex 53101000 17.00
Health Ins 53300000 3,123.00
3,139.00
NET RESULT:
(48,785.00)
BRAZOS COUNTY, TEXAS
Delete Position
From:
272nd District Court
22100100
Coun Reporter -1044 ins
To:
_Court
ilncroaso c =• +'
REQUESTED POSITION CONTROL CHANGES TO ADOPTED BUDGET
Decrease t _.,.
272nd District Court -Annual
Par the Year Ending September 3Q 2018
Letter Datc:
6/19/2018
Effective Darr.
640/2018
Biweeldy/ Base
morose/
tnaenM
m .... -1
Wreese/
Inrren.M
Agenda Due :
626/2018
Basic Pay Budget Hourly Budget
(D.—)
ID--)
ta...rsss)
m,—e)
twoee:<1
Salary
Unnnpluy Medicd/
Depart
Title
Class Post. Group Steps Code Hours Rate Merit _S_ula_ae_s
FICA
Retirement
I 'N :1
mens Dental
1 Request:
Delete Position
From:
272nd District Court
FY 18 Adopted Salary
51630000
53100000
53200000
53800000
53900000 Medlc VFlex
22100100
Court Reporter -1044 Ins
_ _ _
-:292 I r2Z s9 '!: `
_- „•„_ .r0}6� 1040 _ 3747 38907.00L)
To:
New FY 18 Requested Salary
(38,907.00)
(2,916.00)
(5,544.00)
(13358.00)
- -
RESULT:
FDecreose
NET RESULT:
(48,785.00)
2 Request
Delete Position
From:
272nd District Court
22100100
Coun Reporter -1044 ins
To:
_Court
ilncroaso c =• +'
RESULT:
Decrease t _.,.
NET RESULT: (48,785.00)
3 Request:
Create Position
From:
272nd District Court
1'o:
22100100
Repurter
RESULT:
_Court
ilncroaso c =• +'
NET RESULT:
110,157.00
Actual
Delete to create full -lime Court Reporter
FY 18 Adopted Salary _ 51630000 53100000 53200000 53800000 53900000 MedioaVFlex
l,2522 2 ''27r 3 9 ;016
, INV3741st,,, 38,907:00;;
Total Cost $ 12,587.00 Flnemse to •PY 18 '
(38,907.00) (2,976.00) (5,544.00) (1,358.00)
Actual -
Delete to create full-time Court Reporter
Aemal n,elz.eo
Approved by:
51300000 53100000 53200000 53800000 53900000 Medicall .
77,813.00 5.95100 11,088.00 2,715.00 - 12,588.00
Salary Position
MEMORANDUM OF UNDERSTANDING
BETWEEN
BRAZOSCOUNTY
AND
ST. JOSEPH SERVICES CORPORATION
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between
Brazos County ("County") and St Joseph Services Corporation d/b/a CHI St. Jospeh Health System for
its non-profit hospital, St. Joseph Regional Health Center d/b/a CHI St. Joseph Heath Regional Hospital
("Hospital").
WHEREAS, Hospital is a nonprofit hospital that provides a disproportionate share of healthcare
services to the Medicaid population in addition to supporting programs that benefit the indigent, uninsured,
or underinsured population in the state of Texas ,
WHEREAS, Hospital desires to participate in the federal drug discount program established under
Section 340B of the Public Health Services Act ( the "340B Program"), which is administered by the
Office of Pharmacy Affairs ("OPA");
WHEREAS, in order to participate in the 340B Program, OPA requires Hospital to enter into an
agreement with a unit of the state or local government under which Hospital commits to continue
providing health care services to low-income individuals who are neither entitled to benefits under Title
XVIII of the Social Security Act nor eligible for assistance under the State plan of Title XIX under this
Act;
WHEREAS, Hospital desires to evidence the Hospital's continuing commitment to provide health
care services to low-income individuals of the County; and
WHEREAS, County acknoweldges that hospital has been providing such services, and recognizes
Hospital's commitment to continue to provide services to the citizens of Brazos County.
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein
and for other good a valuable consideration, the receipt and sufficiency of which hereby are
acknowledged, it is mutually agreed and covenanted, under seal, by and between the parties to this
Agreement, as follows:
1. Hospital Commitment to Provide Indigent Care. Throughout the term of this MOU, Hospital
agrees to continue its historic commitment to the provision of health care to indigent, uninsured,
and underinsured residents of Brazos County, Texas. For instance, Hospital submits that in 2018,
this commitment totaled approximately $165,000,000 in lost charges. Pursuant to this
commitment, it is the intention of Hospital that indigent care provided during the term of this
MOU will range generally between $150 and $200 million annually. In any event, Hospital will
continue to ensure that all patients receive necessary health services, as required by law, regardless
of ability to pay.
2. Acceptance and Acknowledgments of County.
a. County accepts Hospital's commitment as set forth above; and
112379
Vol. pg.
I
0
R
5.
6.
By:
Prin
Title
Date
b. Upon request by Hospital or by OPA on Hospital's behalf, County will complete the
certification/acknowledgment process required by OPA to verify that the parties have
entered into this MOU.
Term and Termination. This MOU shall become effective on the date last signed by both
parties, and shall remain in effect until terminated by County or by Hospital. Either party may
terminate the MOU at any time by providing the other party at least thirty (30) days' prior written
notice of termination.
Notices. Any notice required or permitted hereunder shall be deemed given when delivered by
hand or sent by registered or certified mail, return receipt requested, addressed as follows:
If to County—
Brazos Countv
Attn: Duane Peters, County Judge
200 S. Texas Ave., Suite 332
Bryan, TX 77803
If to Hospital—
CHI St. Jospeh Health System
Attn: Chief Financial Officer
2801 Franciscan Dr.
Bryan, TX 77802
With a copy by regular U.S. mail to --
CHI Texas Legal Services
Atm: Regional General Counsel
6624 Fannin, Suite 2505
Houston, TX 77030
Governing Law. This MOU shall be governed by and construed in accordance with the laws of
the state of Texas.
Non -Exclusivity. This MOU is not an exclusive arrangement, and shall not be construed as
preventing County from entering into the same or similar agreements or arrangements with other
health care facilities, whether for 340B Program or otherwise.
1N WITNESS WHEREOF, the parties have executed this MOU as set forth below.
112379
3y:
'rint name:
'itle:
)ate:
Vol. _�/ � Pg. _� I .
MEMORANDUM OF UNDERSTANDING
BETWEEN
BRAZOSCOUNTY
AND
ST. JOSEPH SERVICES CORPORATION
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between
Brazos County ("County") and St. Joseph Services Corporation d/b/a CHI St. Jospeh Health System for
its non-profit hospital, St. Joseph Regional Health Center d/b/a CHI St. Joseph Heath Regional Hospital
("Hospital").
WHFREAS, Hospital is a nonprofit hospital that provides a disproportionate share of healthcare
services to the Medicaid population in addition to supporting programs that benefit the indigent, uninsured,
or underinsured population in the state of Texas
WHEREAS, Hospital desires to participate in the federal drug discount program established under
Section 340B of the Public Health Services Act ( the "3406 Program"), which is administered by the
Office of Pharmacy Affairs ("OPA");
WHEREAS, in order to participate in the 340B Program, OPA requires Hospital to enter into an
agreement with a unit of the state or local government under which Hospital commits to continue
providing health care services to low-income individuals who are neither entitled to benefits under Title
XVIII of the Social Security Act nor eligible for assistance under the State plan of Title XIX under this
Act;
WHEREAS, Hospital desires to evidence the Hospital's continuing commitment to provide health
care services to low-income individuals of the County; and
WHEREAS, County acknoweldges that hospital has been providing such services, and recognizes
Hospital's commitment to continue to provide services to the citizens of Brazos County.
NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein
and for other good a valuable consideration, the receipt and sufficiency of which hereby are
acknowledged, it is mutually agreed and covenanted, under seal, by and between the parties to this
Agreement, as follows:
1. Hospital Commitment to Provide Indigent Care. Throughout the term of this MOU, Hospital
agrees to continue its historic commitment to the provision of health care to indigent, uninsured,
and underinsured residents of Brazos County, Texas. For instance, Hospital submits that in 2018,
this commitment totaled approximately $165,000,000 in lost charges. Pursuant to this
commitment, it is the intention of Hospital that indigent care provided during the term of this
MOU will range generally between $150 and $200 million annually. In any event, Hospital will
continue to ensure that all patients receive necessary health services, as required by law, regardless
of ability to pay.
2. Acceptance and Acknowledgments of County.
a. County accepts Hospital's commitment as set forth above; and
112379
Vol. ��5 _ pg.a
f9
PAYMENT PROCESSING AGREEMENT
This Payment Processing Agreement ("Agreement"), including all exhibits and addendums hereto, is entered into
as of 20ig (the "Effective Dae") by and between F rte Payment Systems, Inc.
("FORTE" or "Party' a Californiac � �
corporation and c% u-y�;`.t ("AGENCY" or
"Party").
FORTE and its affiliates provide payment processing and related services including but not limited to Automated
Clearing House ("ACH") transaction processing, account verification and customer identification (collectively
and individually, as applicable, the "Services") to AGENCY who provides services to, or otherwise has a
business relationship with, individuals and other entities ("Constituents").
1. GENERAL
The Agreement shall consist of these terms and conditions, each of the Appendices attached hereto if applicable,
and all modifications and amendments thereto (the "Agreement"). Under the terms of the Agreement, AGENCY
will be furnished with the products and services described in the Agreement and attached Appendices, which are
selected by AGENCY and approved by FORTE. For any terms herein that are specifically applicable to any
particular product or service offered by FORTE, only the terms and conditions that apply to the specific
Service(s) requested by AGENCY at any given time shall apply.
2. USAGE
2.1 Subject to the terms and conditions of this Agreement, FORTE hereby grants to AGENCY a non-
exclusive and non -transferable license to access and use FORTE's products and services contracted for and
AGENCY hereby accepts such license arid agrees to utilize and access the Services in accordance with the
practices and procedures established by FORTE. AGENCY may use the Services (a) for its own internal
business purposes and operations, and/or (b) as a service provided to its Constituents, unless otherwise notified by
FORTE. No license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease,
sublicense or otherwise distribute, transfer or_dispose of any, of FORTE's Proprietary Property, as defined in
Section 3 below, in whole or in part, is granted except as expressly provided by this Agreement. Neither
AGENCY nor any of its affiliates shall reverse engineer, decompile or disassemble the Proprietary Property.
Additionally, nothing in this Agreement shall be construed to provide AGENCY with a license of any third -party
proprietary information or property.
2.2 AGENCY shall ensure that its Users comply with all applicable requirements of this Agreement.
AGENCY is responsible for protecting the confidentiality of any and all passwords and credentials provided to
AGENCY by FORTE for the purpose of utilizing the Services or other forms of access to AGENCY's accounts
with FORTE. AGENCY is responsible for the security of its systems, locations and equipment used in
processing transactions under this Agreement and for developing security procedures and training its employees
on the procedures. AGENCY expressly assumes responsibility for the acts or omissions of all Users on its
account(s) with FORTE, and for User access to FORTE's systems either directly or through software.
3. OWNERSHIP
All computer programs, trademarks, service marks, patents, copyrights, trade secrets, know- how, and other
proprietary rights in or related to FORTE's products and services (the "Proprietary Property"), are and will remain
the sole and exclusive property of FORTE, whether or not specifically recognized or perfected under applicable
law. FORTE shall own all rights, title and interest, including all intellectual property rights, in and to any
improvements to the existing FORTE products or services and/or any new programs, upgrades, modifications or
enhancements developed by FORTE in connection with rendering any services to AGENCY (or any of its
affiliates), even when refinements and improvements result from AGENCY's request. To the extent, if any, that
ownership in such refinements and improvements does not automatically vest in FORTE by virtue of this
Agreement or otherwise, AGENCY hereby expressly transfers and assigns (and, if applicable, shall cause its
affiliates to transfer and assign) to FORTE all rights, title, and interest which AGENCY or any of its affiliates
17.01.03 -22- -5
P
Fv; / 9. p�
may have in and to such refinements and improvements. All reference to any of FORTE's service marks,
trademarks, patents or copyrights, or those of FORTE's partners or vendors, shall be made in compliance with
the requirements, including periodic updates thereto, as provided at h=://Nvww.forte..net/trademark.
4. CONFIDENTIALITY
The Parties acknowledge that, by virtue of this Agreement, each has been and will continue to be entrusted with
certain Confidential Information (as defined in Appendix A) pertaining to the other's business, including but not
limited to proprietary information developed by, acquired by, or licensed to each Party. Each Party agrees that,
except to the extent and in the manner necessary to perform its duties hereunder, it will not disclose to others or
use for its own benefit any Confidential Information of the other Party and it will hold all Proprietary Property as
defined herein confidential in perpetuity.
Additionally, in the course of providing and receiving the Services, each Party actuiowledges that it may receive
or have access to information which can be used to identify an individual consumer (including, without
limitation, names, signatures, addresses, telephone numbers, e-mail addresses, payment history, and other unique
identifiers) ("Personal Information"). As such, each Party shall: (i) keep all Personal Information in strict
confidence, with the degree of care necessary to avoid unauthorized access, use or disclosure; (ii) use Personal
Information solely and exclusively for the purposes provided in this Agreement; (iii) implement administrative,
physical and technical safeguards to protect Personal Information that are at least as rigorous as accepted
industry practices; (iv) as applicable, have in place a program that complies with applicable legal requirements
regarding Personal Information.
Except with respect to Personal Information, this section will not apply to Confidential Information that (i) was
already available to the public at the time of disclosure, (ii) becomes generally known to the public after
disclosure to the other party, through no fault of the other party, (iii) is disclosed under force of law,
governmental regulation or court order, (iv) is required to be disclosed by a banking partner, an Acquirer or an
applicable Payment Association.
5. TERM AND TERMINATION .
5.1 Term. This Agreement shall have an initial term of three (3) years. Thereafter, this Agreement will renew
for two additional one year periods with written consent by both parties unless either Party provides thirty (30)
days' prior written notice of termination to the other Party.
5.2 Termination. In the event of a material breach of this Agreement by one Party and failure to cure within
thirty (30) days of receipt of written notice of the breach, the other Party may terminate immediately by providing
written notice of termination. Additionally, FORTE may immediately terminate this Agreement without prior
notice in the event that (i) there is a material adverse change to AGENCY or its financial condition; or (ii)
AGENCY experiences excessive chargebacks; or (iii) AGENCY experiences an actual or suspected data security
breach; or (iv) AGENCY violates any applicable Law, Rule or Regulation; or (v) if FORTE is instructed to
terminate by Financial Institution, Acquirer or Payment Association.
6. TRANSACTIONPROCESSLNG
6.1 Accepting Transactions. FORTE shall process ACH Transactions on the AGENCY's behalf on a 24-hour
basis. Transactions which are received before the daily designated cut-off time will be originated for settlement
through the corresponding Payment Network. Transactions which are received after the designated cut-off time
will be included in the next business day's settlement processing.
6.2 Transaction Format. FORTE is responsible only for processing Transactions which are received and
approved by FORTE in the proper format, as established by FORTE.
6.3 AGENCY Account. In order to provide transaction processing services, FORTE may need to establish
one or more service accounts on AGENCY's behalf or require AGENCY to establish a service account with a
third party provider sub -contracting with FORTE.
6.4 Bona Fide Sales. AGENCY shall only complete sales transactions produced as the direct result of bona
fide sales made by AGENCY to Constituents, and is expressly prohibited from processing, factoring, laundering,
17.09.02
P -
offering, and/or presenting sales transactions which are produced as a result of sales made by any person or
entity other than AGENCY, or for purposes related to financing terrorist activities.
6.6 Modifying Transactions. AGENCY shall regularly and promptly review all Transactions and shall
immediately notify FORTE upon discovery of any and all discrepancies between the records of AGENCY
compared with those provided by FORTE or AGENCY's bank, or with respect to any Transaction that
AGENCY believes was made erroneously or without proper authorization. At AGENCY's request, FORTE will
make commercially reasonable efforts to reverse, modify, void or delete a Transaction after it has been submitted
for settlement. All requests must be made in writing (electronic mail will be deemed as "in writing" for these
purposes), signed or sent by an individual pre -authorized by AGENCY to make such requests, and delivered to
FORTE. AGENCY agrees that FORTE will not be held responsible for any losses, directly or indirectly, incurred
by AGENCY or other third parties as a result of FORTE's failure to accomplish the request before the
Transaction has been processed through the applicable Payment Network.
6.8 Delay or Rejection of Transactions. FORTE may delay or reject any Transaction without prior
notification to AGENCY which is improperly formatted, is untimely, is missing information, which may cause it
to downgrade or if FORTE has reason to believe such Transaction is fraudulent or improperly authorized or for
any reason permitted or required under the Rules or Regulations. FORTE shall have no liability to AGENCY by
reason of the rejection of any such Transaction.
6.9 Returned Items. FORTE shall make available to AGENCY details related to the receipt of any
Transaction that is returned unpaid or Transaction which is charged back and shall credit or charge such returned
item to AGENCY's Settlement Account.
6.10 Chargebacks. AGENCY acknowledges and agrees that it is bound by the Rules and Regulations of the
Payment Associations with respect to any Chargeback. AGENCY understands that obtaining an authorization for
any sale shall not constitute a guarantee of payment, and such sales can be returned or charged back to AGENCY
like any other item hereunder. In the event a Transaction is charged back, for any reason, the amount of such
Transaction will be deducted from AGENCY's designated Settlement Account or any payment due to AGENCY.
6.11 Excessive Chargebacks. Using limits established by the Payment Associations as a standard for review,
FORTE reserves the right to suspend and/or terminate AGENCY's access to the Services should AGENCY's
chargeback ratio exceed allowable limits in any given period.. FORTE will make reasonable efforts to provide
AGENCY with notice and a time to cure its excessive chargebacks prior to suspending or terminating
AGENCY's access to the Services. AGENCY acknowledges and expressly authorizes FORTE, in compliance
with Payment Association Rules and Regulations, to provide to the Payment Associations and applicable
regulatory bodies, AGENCY's name and contact information as well as transaction details should AGENCY's
chargeback ratio exceed the allowable limits in any given period.
6.12 Resubmitting Transactions. AGENCY shall not re -submit any Transaction unless it is returned as (i)
Insufficient funds (1101); or (ii) Uncollected funds (R09); or unless a new authorization is obtained from
Constituent.
6.13 Settlement. Settlement of AGENCY's funds for Transactions, less any Chargebacks or Returns, to
AGENCY's designated Settlement Account will occur within 72 hours of origination excluding weekends and
US federal banking holidays. Settlement of Transactions will occur via electronic funds transfer over the ACH
Network.
6.14 Provisional and Final Payment. AGENCY, AGENCY's third party senders (if applicable), and/or
AGENCY's agent(s) understand and agree that Entries may be transmitted through the ACH Network, that
payment of an Entry by the RDFT to the Receiver is provisional until receipt by the RDFI of final settlement for
such Entry, and that if such settlement is not received, then the RDFI will be entitled to a refund from the
Receiver of the amount credited and AGENCY will not be deemed to have paid the Receiver the amount of the
Entry. The rights and obligations of AGENCY concerning the Entry are governed by and construed in
accordance with the laws of the state in which the processing ODFI is located, unless AGENCY and FORTE
have agreed that the laws of another jurisdiction govern their rights and obligations.
6.15 Reporting. FORTE will make daily origination and deposit reports available to AGENCY on a 24/7 basis
through the Intemet-based FORTE platform.
7. TRANSACTION AUTHORIZATION
17.09.02
Vol. Pg. ��
7.1 Constituent Authorization. AGENCY shall obtain authorization from Constituent prior to requesting a
Transaction to or from Constituent's account.
7.2 Retention. AGENCY shall retain proof of Constituent's authorization for a period of not less than two (2)
years for standard Transactions and for a period of five (5) years for health- related Transactions from the
authorization date or revocation of authorization date and shall provide such proof of authorization to FORTE
upon request within five (5) business days of the request.
7.3 Revoked Authorization. AGENCY shall cease initiating Transactions to or from a Constituent's account
immediately upon receipt of any actual or constructive notice of that Constituent's termination or revocation of
authorization. AGENCY may re-initiate Transactions to or from a Constituent's account only upon receiving
new authorization from the Constituent.
8, AUTHORIZATION
8.1 ACH Authorization. AGENCY authorizes FORTE to electronically debit and credit AGENCY's
designated bank account(s) for any amounts owed to or by AGENCY in accordance to the terms of this
Agreement.
8.2 Third Party Service Provider. If AGENCY uses the Services through or in conjunction with a third
party service provider that is not a party to this Agreement, AGENCY authorizes FORTE to provide Sturgis
("Partner") with its FORTE merchant account information and credentials. If applicable, AGENCY authorizes_
Partner to originate Transactions and receive the corresponding results on its behalf.
9. CONSTITUENT DISPUTES
All disputes between AGENCY and its Constituent (s) relating to any Transaction processed under this
Agreement will be settled by and between AGENCY and Constituent. AGENCY agrees that FORTE bears no
responsibility or involvement in any such dispute.
10. COMPLIANCE WITH LAWS, RULES AND REGULATIONS
In performing its duties under this Agreement, each Party agrees to comply with all applicable Rules, Regulations
and Laws, including but not limited to all confidentiality and security requirements of the USA Patriot Act (or
similar law, rule or regulation), all Rules of any applicable Payment Associations, all applicable data security
requirements. Each Party agrees to cooperate and provide information reasonably requested by the other to
facilitate its compliance with any applicable Law, Rule or Regulation. Additionally, should a Payment
Association or regulatory body impose a fee or fine on AGENCY for any violation of the Rules or Laws by
AGENCY, such fee or fine may be charged to FORTE as a pass-through to AGENCY. If any such fee or fine is
charged to FORTE, AGENCY shall reimburse FORTE for any such fees or fines.
11. PRICING AND PAYM NT
11.1 FORTE will provide the Services in accordance with the Pricing Fee Schedule(s) attached hereto or any
amendments thereto. Pricing schedules which utilize an Absorbed Fee Model will be billed to the AGENCY
monthly in an•ears and will automatically. be debited from AGENCY's designated account via ACH Debit.
Pricing schedules which utilize a Service Fee Model will result in a processing fee being charged to the
Constituent in the form of a non-refundable service fee which is either (i) added to; or (ii) charged as a separate
transaction to the Constituent at the time of payment.
11.2 Pricing schedules which utilize a flat service fee model are calculated based on historical or estimated
transactional amount activity by AGENCY. In the event that experiential transaction activity varies significantly
from the historical or estimated amounts, FORTE shall have the right to adjust the service fee in accordance to the
experiential transaction activity.
11.3 FORTE's pricing is subject to the underlying fees established by the Payment Associations and its service
providers. As such, in the event FORTE experiences an increase in cost for any processing services utilized by
AGENCY during any term of this Agreement, FORTE will pass through the increases with no additional markup
to AGENCY. FORTE will provide AGENCY a minimum of thirty (30) days' notice of any change or adjustment
in fees.
17.09.02 FT-12-1—iL
Py.
12. LIMITS OF LIABILITY
12.1 Neither Party shall be liable to the other Party or to any third party for any special, consequential,
incidental or punitive damages of any kind or nature incurred in relation to this Agreement. The amount of
damages recoverable by either Party from the other will not exceed that Party's actual, direct damages and will
be limited to the amount of the average monthly fees and charges paid by AGENCY for the Service for the
immediate three (3) month period prior to the event giving rise to the applicable claim. Neither Party will be
liable for failure to perform any of its obligations under this Agreement if such performance would result in it
being in breach of any Law, Rule at requirement of any governmental authority. The provisions of this section
will survive the termination of this Agreement.
12.2 FORTE shall not be held responsible for errors, acts or failures to act of others, including, and among other
entities, banks, other processors, communications carriers or clearing houses through which Transactions may be
originated or through which FORTE may receive or transmit information, and no such entity shall be deemed an
agent of FORTE.
13. REPRESENTATIONS AND WARRANTIES.
13.1 FORTE's Representations and Warranties. FORTE makes no representations or warranties concerning
its services except as may be specifically authorized, in writing, or set out herein.
13.1.1 FORTE hereby warrants that its software solutions and services will perform in accordance with
their published specifications in all material respects.
13.1.2 FORTE further warrants that in performing its obligations hereunder, it shall exercise due care
and reasonable efforts to ensure that information originated by AGENCY is transmitted accurately.
13.2 AGENCY's Representations and Warranties. AGENCY represents and warrants to FORTE that:
13.2.1 If applicable, with respect to all Transactions originated by FORTE on behalf of AGENCY that
(i) each Transaction in all respects has been properly authorized by Receiver; (ii) each Transaction is for
an amount agreed to by the Receiver and; (iii) AGENCY shall provide proof of authorization in
compliance with applicable Rules for any Transaction to FORTE upon request within five (5) Business
Banking Days.
13.2.2 AGENCY agrees to adhere to the warranties within the applicable Rules for each Transaction
FORTE processes on AGENCY's behalf.
13.3 Mutual Representations and Warranties. Each Patty represents and warrants to the other that:
13.3.1 The execution of this Agreement does not violate any applicable international, federal, state, or
local law, Payment Network rule or contract to which such Party is subject.
13.3.2 There are no actions, suits or proceedings existing or pending against or affecting it before any
judicial or regulatory authority which would have a material adverse effect on its ability to perform its
obligations hereunder.
13.3.3 When executed and delivered, this Agreement will constitute a legal, valid, and binding obligation,
enforceable in accordance with its terms.
14. FORTE SERVICE POLICY.
FORTE makes no representations or warranties concerning its services except as may be specifically authorized,
in writing, or set out herein. AGENCY acknowledges and understands that FORTE does not warrant that the
Services will be uninterrupted or error free and that FORTE may occasionally experience delays or outages due to
disruptions that are not within FORTE's control. Any such interruption shall not be considered a breach of the
Agreement by FORTE. FORTE shall use its best efforts to remedy any such interruption in service as quickly as
possible.
15. FORCE MAJEURE
Neither Party shall be liable for, or be considered in breach of or default under the Agreement on account of any
delay or failure to perform its obligations hereunder as a result of any causes or conditions that are beyond such
(7.09.02
vol. 75� pg.
Party's reasonable control and that such Parry is unable to overcome through the exercise of commercially
reasonable diligence. If any force majeure event occurs, the affected Party shall give prompt written notice to the
other Party and shall use all commercially reasonable efforts to minimize the impact of the event.
16. ASSIGNMENT
The rights granted under this Agreement shall not be assigned by either Party without the prior written consent of
the other Party, which shall not be unreasonably withheld.
17. CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the internal laws of the State of
18. AMENDMENT
Except as otherwise provided for herein, the terms and conditions of this Agreement shall not be modified or
amended except in writing, signed by the parties hereto and specifically referring to this Agreement.
19. PUBLICITY
Neither Party shall use the other Party's name, logo or service marks in conjunction with a press release or
advertisement without fust obtaining written approval.
20. NOTICE
Any notice required to be given by either Party hereunder, shall be in writing and delivered personally to the
other designated Party, or sent by any commercially reasonable means of receipted delivery, addressed, to that
Party at the address most recently provided in writing. Either Parry may change the address to which notice is to
be sent by written notice to the other under any provision of this paragraph.
Notices to FORTE: Notices to AGENCY:
Porte Payment Systems, Inc.
500 W. Bethany Drive
Suite #200
Allen, TX 75013
Attn: General Counsel
21. HEADINGS
The headings contained in this Agreement are for convenience of reference only and shall not affect the meaning
of any provision of this Agreement.
22. SEVERABILITY
Should any tern, clause or provision herein be found invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and
such invalid term, clause or provision shall be construed to most closely reflect the original intent of the parties.
23. ENTIRE AGREEMENT; WAIVER; COUNTERPARTS
This Agreement constitute the entire understanding of the Parties, and revoke and supersede all prior agreements
between the Parties and are intended as a final expression of their agreement. Either Party's waiver of any.breach
of any provision of this Agreement shall not be deemed a waiver of any subsequent breach of same or other
provision. This Agreement may be executed in two or more counterparts, each of which shall be deemed an
17.0e.02 Voi. %J� Pg.�
- — -...
original and all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective
organizations, have executed this Agreement as of the date set forth below.
FORTE: AGEN �7
By. By:
Name: Name:
Title: Title: I�JW Iyl 1 aUf01L
17:01.03 Vol.
APPENDIX A
DEFINITIONS
ACH Network — Automated Clearing House
Network is a batch processing, store -and -forward
system that accumulates and distributes ACH
transactions that are received from ODFI (defined
below) and are forwarded to the specified RDFI
(defined below) according to the specific schedules
established by the participants.
Acquirer —A sponsoring fmancial institution or
payment processor that enters into an agreement
which enables merchants or their Agent(s) to submit
Transactions to a payment network.
Affiliate — A business entity effectively controlling
or controlled by another or associated with others
under common ownership or control.
Agent Any director, officer, employee,
representative, affiliate, third -party vendor or any
other person acting on behalf of the Merchant with
the actual, implied or apparent authority of
Merchant.
Business Banking Day — Monday through Friday
excluding banking holidays.
Chargeback—A Transaction that is rejected by the
owner of the account debited or charged because a
dispute exists between the Originator of the
Transaction (typically a Merchant) and the account
owner.
Confidential Information - Confidential
Information may include information regarding all of
the computer software and technologies, systems,
structures, architectures, processes, formulae,
compositions, improvements, devices, know-how,
inventions, discoveries, concepts, ideas, designs,
methods, and information and databases developed,
acquired, owned, produced or practiced at any time by
a Party or any affiliate thereof, including software
programs and documentation licensed by third parties
to the disclosing Party, any business or financial
information directly or indirectly related to the
disclosing Party's company(s) or investments or its
internal administrative, billing and accounting
systems, customer and vendor lists and information,
employee personnel information and policies and
procedures, information regarding the disclosing
Party's products and services that is not generally
available to the public.
Credit Entry (or "Entry) —An ACHIEFT
Transaction that is intended to deposit funds into a
Receiver's (defined below) account which has been
withdrawn from Merchant's Settlement Account
(defined below).
Debit Entry (or "Entry") — An ACH/EFT
Transaction that is intended to withdraw funds from
a Receiver's account for deposit into Merchant's
Settlement Account (defined below).
Laws — All international, national, regional and local
regulations or laws which are applicable to the
services provided herein.
NACHA —National Automated Clearing House
Association responsible for establishing, revising
and enforcing the Operating Rules for the US ACH
Network.
ODFI — Originating Depository Financial Institution
is the financial institution that receives ACH
Transactions from Merchant through FORTE and
then forwards these Transactions (defined below) to
the ACH Network.
Originator — A Merchant who has contracted with
FORTE to initiate ACH entries, on their behalf, to
the ACH Network.
Payment Association — Any entity governing a
payment network, including but not limited to VISA,
MIC, Discover, American Express, NACHA, CPA.'
RDFI — Receiving Depository Financial Institution
is the financial institution that receives the ACH
Transactions from the ODFI through the ACH
Network and posts these Transactions to the
accounts of Receivers (defined below).
Receiver —An entity or individual consumer that has
an established account with a financial institution
17.01.03 Vol. r s.
upon which a Transaction is or may be acted upon.
Reserve—A specific amount of money that is held
in your Merchant account to be used by FORTE to
offset amounts owed to FORTE for Services
provided, such as returned items, chargebacks,
fees/fines, billing or other Merchant obligations to
FORTE that FORTE is unable to collect from
Merchant.
Returned Entries — Any Transaction that is not able
to be completed successfully and is retumed/rejected
back to the Originator.
Rules—The operational rules, policies and
procedures established by each applicable Payment
Association to govern all transactions and parties
that participate in the associated payment network.
Settlement Account — An account established and
maintained by Merchant with a financial institution
through which the following may occur: (a) deposit
of funds for Debit Entries, (b) the extractions of
funds for Credit Entries, reserve funds or fee
obligations unless otherwise agreed to by the parties.
Settlement Entry — A Debit or Credit Entry to
Merchant's Settlement Account which corresponds
to the net amount owed Merchant by FORTE at the
end of each Business Banking Day.
Transactions —Any transfer of data or information
to FORTE in a format pre -approved by FORTE,
including but not limited to payment, verification
and authentication items.
Users - All individuals who access a FORTE
website or utilize any portion of the FORTE
Services on behalf of Merchant directly or through
software that accesses the FORTE systems through
Merchant's systems, by using Merchant's access
credentials or any other access reasonably presumed
to be on behalf of Merchant.
17.01.03 .i
APPENDIX B
ACCOUNT VERIFICATION AND AUTHENTICATION SERVICES
1. Representation by Agency. Each request for data through the verification and authentication services
shall constitute a representation, warranty and certification by Agency that the data (i) shall be used and
disclosed only in accordance with the terms of the Agreement, and in accordance with any applicable
Rules or Laws; and (ii) shall be used solely for the intended use as stated by Agency on the application
and that use is in compliance with the permissible uses under the Fair Credit Reporting Act ("FCRA") as
provided in the FCRA Requirements Addendum located at hqp://www.forte.net/fair-credit-reporting-act;
(iii) Agency will follow proper procedures for adverse action notification to its Constituents, as provided
by the FCRA Requirements Addendum; and (iv) Agency acknowledges it has implemented security
measures to prohibit the unauthorized access to the information provided.
2. Use of Services.
2.1 AGENCY SHALL USE THE VERIFICATION SERVICES ONLY IN CONNECTION
WITH PAYMENTS PRESENTED TO AGENCY BY ITS CONSTITUENTS IN EXCHANGE
FOR GOODS OR SERVICES. AGENCY SHALL NOT RESELL THE VERIFICATION
DATA OR SERVICES TO ANY THIRD PARTIES.
2.2 Agency understands and agrees that it cannot decline services to a consumer or customer after
receiving an approval result from FORTE on a verification inquiry unless Agency is declining
based on other grounds and/or information. Further, if Agency does decline services to a FORTE
approved consumer or customer based on alternate information, Agency shall not provide
FORTE's contact information as recourse for the consumer to pursue a dispute of the result under
FCRA Adverse Action requirements.
2.3 Agency shall provide to FORTE, as part of a verification inquiry, the accurate amount for
each transaction Agency wants to verify.
3. Retention of Data. Agency acknowledges and agrees that it shall not retain, store, compile or
aggregate the results of verification or authentication inquiries received from FORTE except as required
by applicable law or to perform its obligations under this Agreement.
17-Ot.03
Page 10
vol. Pg.
ru
forte
Appendix A: Pricing Proposal — Brazos County TX
Sturgis Web Services Integrated Partnership — e Check only
Service Fee Option:
Forte Payment Systems offers:
Service fee model pricingfor those departments who request us to charge the constituent a fee for using the
system to make a payment.
We acknowledge the card association rules and will process the transactions according to those rules.
• In a tax service fee environment, Forte Payment Systems will process two separate transactions settling the tax
amount into a County designated account and the service fee Into a Forte Payment Systems account.
Service Fee Model Pricing
eCheck Only Pricing
• Flat fee of $1.50 w/Forte Verify regardless of the payment amount up to $60,000.00
Relationship Management
Forte Payment Systems' team of experienced professionals will support the County employees or constituents at any time.
Our customer service and technical support staff are experienced in payment processing for the government sector and will
be your first line of contact. If the County should require additional assistance or have questions after hours, we have
support staff that is available to assist as well.
We have found it is always best to route communications through a central point of contact whenever it is feasible to do so.
This allows one person in your organization to understand fully what is going on within the business relationship between
you and Forte Payment Systems and to keep us updated an important issues.
Please sign, date and Indicate title on this pricing form. Should you have questions regarding your relationship, pricing,
statement questions pKadding additional merchant locations, please contact Peggy Compton at 866-290-5400 ext 794.
Name
—�DDaate—
titltee
forte""
vel. %s Pg. J
House Bill 89 &'Debarment Verification
Brazos County is federally mandated to adhere to the directions provided in the F
esident's
Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking P
rty and
Prohibiting Transactions With Persons Who Commit. Threaten to Commit. or Support
errorism,
effective 8/2412001 and any subsequent changes made to it via cross -r
ferencing
respondents/venders with the Federal General Services Administration's Excluded P
dies List
System (EPLS, hdps://www.sam.gov), which Is Inclusive of the United States Treasury'
Office of
Foreign Assets Control (OFAC) Specially Designated National (SDN) list. Responder
certifies
that the responding entity and its principals are eligible to p2niclpe1e In this transaction
ind have
not been subjected to suspension, debarment, or similar ineligibility determined by an
federal,
state of local governmental entity and that Respondent is in compliance with the State
of Texas
statutes and rules relating to procurement and that Respondent is not listed on the
federal
government's terrorism watch list as described In Executive Order 13224. Entities in
igible for
federal procurement are listed at hltps:Awww.sam.gov:
The undersigned affirms the non -debarment statement above, that they are duly a
Ahorized
execute this contract. -
The company representative below further affirms, that the company submitting this
raposal,
under the provisions of Subtitle F, Title 10. Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Texas Government Code
1. -Boycott Israel' means refusing to deal with, terminating business activitie# with, 01`
otherwise taking any action that is intended to penalize, inflict economic he on, or
limit commercial relations specifically with Israel,. or with a person or on Ity doing
business in Israel or in an 181`2011 -controlled territory, but does not include n action
made or ordinary business purposes; and '
2. 'Company' means a for-profit sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability pa tnership,
or any limited liability company, including a wholly owned subsidiary, mejod yawned
subsidiary, parent company or affiliate of those entities or business assaie Iona that
exist to make 2 proril.
Company Name:_
Authorized Company
dArIman- 500 W B
18.041 c
Inc
Chief Financial 8 Operating Officer
Vol.
AMENDMENT TOPAYPALHEREMAGREEMENT, PAYPALWEIISITEPAYMENTS PROMRTUALTERMINAL AGREEMENT,
. -. -:.. ANDPAYPALUSEAAGAEEMENT -. .
(PRICING AMENDMENT) _ -.. .....
ThsAmendment rAmendmeMj to the PayPal HerawA9mamentPPPH Agreement) found on:
hft1waw.navoal.comAs/webeoand tothe PayPolWeWtePayments Pro and lMuelTemdnelAgreement (PraIVT -- - -
- - - AgrenneM')tcundanhyosdhvww.oawal,mmiuslwebaooslmooNa/oroN-toll and the PairPalUserAgreement('UserAgreems0oundom - -
-- hSos:Ikraivoavbsl.caNusrtvehaoos/moolualuseraareeinent-full(collectivelytheAgreement?)lsmadeandenteredIntoasof ,(the TAcilveDate7 - -
between PayPal, Inc (PayPar), a Delaware corporation with its pdndpal place of business at 2211 N. 19 Street .San Jose, CelitoMa 95131, and .
('Meniranr)(wllec9vely,'IhePartas'y All capitelized hinns ussed herein and ruttatherwiss defined shall have the meanings asslitned to them in the PPH
Agreement.: 3!
WHEREAS, Sturgis WebSerylces Corporation (Bturgisl referred Merchant to PayPal;
- -
WHEREAS. Mescharnhas accepted thatemrs and oonclitfons of the Agrearnerb and offers PayPal is an alternative payment option in -
- cornertianwith:�ftain'}rensactlanenn Ilsemmmeraesite; . - _ - . -
WHEREAS,grePars'esdeshatoenterintotAbRmendmentfoamandcersbllermsanddondigansessetautbelow: _ .
NOW, THEREFORE In consideration of the mutual promises and covenantssetfadhinlhlaAmendment;andinlendIngtobebound,bePaUes -
agreesstd0owsi. -. .. -
1. Merchant was referred to PayPW by Slurgis and agrees to fallow thelntegralfan guldegnes provided to Merchant by PayPal anftraurg(s
from time to time. Based on Merchants Odegratlon through Sturgis, the Porges agree to amend certain fees In the Agreements as set forth
below - -
2 PayPal agrees to amend only the partlors of Section 6(b) In the PPH Agreementas sellout below: -Other fees may apply as described on the PayPa1 - -
- webshe at wwammal.cam.. The fees shag be deduced from each transaction. - - - -
. D. Transacton Feas:,The transection fees am gxessed as a percentage of the, payment amount plus 0 fixed amount.
SWI Transacgana - - -
- -220°A+30.30
Transactions and Scanned Transactions - - --
220%*$0.30 -
CmssBorderTransactlans—S dandPa Traoseduns
0°,6•$0.00
Crdss4lorderTlansactions- and Scanned Transactions
0°k+S0.00 -
- 3. PayPal agrees to amend only the pordons of Section SAbj In the User Agreement as set out below. Other less may apply as described on the
- PayPalweleflealwww.savoatca.7hefeesshagbedeluctedfromeaciriransac.kn.
b. Ti mesde Purchasepsymentsln US Daaars.
Adifft PumbaseP eaf Fee
. - Reoeivirg(SeUng). 1486' IReles; 220%+50.30US0. _
3.. Papolagrees tPamend only .the Porto,rispfSeclion2Inthe FM* Agreement assetoutWow.
OeterteesmeYaPPNasdescdbedanNePayPai
- web$hstWWW-oevoal.00rn The fees shall be deducted from each transaction.
b: - Transection s:.The Transaction Fees are expressed as a percentage of the payment amount plus a Oxed amount Trensectlon Fees -
associated with any American Express® Direct Payment or Virtual Terminal Paymentyau samplers set forth separately below.
PaYNIServices-i
fees- --I
Products that oNertheServlce
Direct Payments
220%a+$0.30USD,
Payments Advanced
-.
-
Paymens Pro
-
Payments Pru ow -
4.-ItMemhantdwass; its Integration method asset out InSection i; then the Fees set forth In the Agreements shalt apply;:Merchanteipressiy.
edmowfedges that the terms of this Amendment art Cofidential lnfoimadcan and agrees It shall ratdsNoss such Confidential lMormagon to any
-
thirdicady, The Parties agree that all other terms In theAgrearmuts shell remain In full formand effectarid are subjectl to change In accordance wrldi
IN WITNESS WHEREOF, the Parties have mused thIsAmordment to be executed by their duly a4lortzed representatives as of this Effectie Date, -- � -
-- PAYPAL, INC. MERCH -
ae e o dem as moa oa [ ( ro.
�ahe Pe;Nun:Je
Nmoa-0TEB - - N"aq TA --1
a`.. PayPel, Ina - Paae1 art .
CONFIDENTIALL
- SWrgre Pdtlne Amantlmem(039t6)
Vol. pg. . 7
ll a> View all lelial agreements
PayPal Her Agreement
Last Update: May 19, 2018
'2 Pt1Bt
This agreement contains fourteen sections. You may jump directly to any section.by selecting the appropriate link below.
The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized
terms have specific definitions in Section 14.(Definitions). Underlined words in this agreement and on our website hyperlink
e.. to relevant information.
v
jump to section: .
1. Product .Description.
.-
2. Getting, Using and Replacing your PayPal Here Device.
3. Multiple Devices and Authorized Users.
4. Using PayPal Here.,
S. Mobile Compatibility.
6. Fees.
7. Privacy i
' 8.1elid-mb and other Protective Actions.
9. License Grant: I
io. Acceptable Use.
11 Data Security.
12
"I's Use of Data: 1
13. PayPal is Your Agent for Receiving Payment
14. Definitions.
This PayPal Here'" agreement ("PayPal Here Termsj is a contract between you and PayPal, Inc. ("PayPal; "we"or "us).and
applies to your use of the PayPal services to accept PayPal payments, credit cards and debit cards into your PayPal account.
using the PayPal Here Device and/or software ("PayPal Here). You must read, agree with and accept. all of the terms and ,
conditions contained in the PayPal Here Terms. By using PayPal Here, you agree to comply with all of the terms and
conditions in the PayPal Here Terms, so please read all of the terms and conditions carefully.'
These PayPal Here Terms, along with the PayPal User. Agreement and any other agreement In which you have entered Into
with PayPal (collectively "PayPal Agreements"), apply to your use of PayPal Here: The PayPal services as described in the
user agreement include PayPal Here except that any pricing generally, applicable to those services shall not apply -to PayPal
Here unless expressly agreed to by PayPal. If any inconsistency exists between the terms of the PayPal User Agreement
'and these PayPaLHere Terms, ahese PayPal Terms shall control your use of PayPal Here. We may amend these PayPal
}sere Terms at -any time by posting a revised version on our website. The revised version will be effective at the time V' e
post it..lf we.changethe PayPal Here Terms:in a way that reduces your rights or Increases your responsibilities, we will
i4 provide you wfth 30 days' prior notice by posting notice on the "Policy Updates" page of our website. If you would Iikej to
PayPal 1fccountprofile:ifyou do -not -agree with any -change tothe PayPal Here Terms; you mayterminate your use of
,..PayPal Here at any time.
1. Product Description.
t.. PayPal Here allows you to accept payments. using Visa, MasterCard, American Express, and Discover branded credit cards.,
and debit cards ("Cardsy into your PayPal account. You can also keep records of cash and check payments. PayPal Here Is
available in the fifty United states and the District of folumbla: To register for. PayPal Here, you must provide certain .
personal Information, agree to these terms and have a business account in good standing. If you have a personal account
(rather than a business account).prior to s1ping up for PayPal Here, you will be upgraded automatically to a business
` account a$ part of the PayPal Here sign-up process, depending on your expected.use of PayPal Here. You must be approved
by PayPal to use PayPal Here.
f.
Back to top- .
4'
2. Getting, Using and Replacing your PayPal Here Device.
Once you are approved for PayPal Here, you may have the PayPal:Here Device mailed to you at an address selected by you
or purchase It from:an Authorized Retailer. The delivery of the device through. PayPal is subject to the following conditions.
If you are a new PayPal user, the PayPal Here Device will be mailed to the address you provide at sign up. If you are an
.,existing PayPal user and have multiple addresses in your PayPal account profile, you may select the address to which you
�`�would like the PayPal Here Device mailed. If you request multiple PayPal Here Devices, you tan request that different
, d,evices be malled to different addresses: Ifyour PayPal Here Device(s) do not work; you may request s replacement by
;contacting customer service. We may limit the number pf PayPal Here Devices you cap receive at any time, including the
number of replacement devices you. may ever receive. For warranty information regarding the, PayPal Here Device, please.
the full warranty here.
Backto top
3. Multiple Devices and Authorized Users:
If you have a Business account, your authorized users can use PayPal Here Devices linked to your PayPal account. To add
authorized users to your PayPal business account, you must register each authorized user with PayPal and create a
password for each user to login to yourPayPai account. If you require additional PayPal Here Devices, you must request
them. The access privileges you provide to your authorized users will apply to your PayPal account and the PayPal Here
app. Authorized users must be 18 years.orolder. We, may perform a screening before Issuing a PayPal Here Device to any
�_ authorized user. You agree to assist us In this screening by providing legitimate and accurate Information regarding the
identity of all authorized users, as requested by us. We reserve the right to deny anyone access to PayPal Here. It, is your
responsibility to ensure your authorized users comply with the PayPal Here Terms. You agree that you are at all times liable
for the actions or omissions of your authorized users and that you will indemnify and hold PayPal harmless from the actions
or inactionsof your authorized users in connection with their use of PayPal Here. -
Back to top
Vol. Pg.
v�nig i, ayi all 11=1 a.
To: use the PayPal Here Device, you.must download the PayPal Here App and accept the end user license agreement: You
may download the PayPal Here App from the Apple (Tunes; Google Play, or Windows App Stores, There Is no fee to download
the.PayPal Here.App:
Because your customer is present at the time of yourPayPal Here transactions, you may be required to obtain a customer,
signature on non4IN credit or debit card transactions greater than twenty-five dollars ($25). Obtalning thls signature may
asmstyou Indefending.against a chargeback in the event a customer claims the transaction was unauthorized. You must
,'also provide customers with a receipt upon request: Customers may choose an Electronic receipt delivered Via email or SMS
rather than a paper receipt. You must obtain your customers' consent prior to using the PayPal Here App to send an email
or SMSaext to them; e�
You agree that any transaction that you submit through PayPal Here shall have an accurate and true description of the
goods. I
nd services being purchased. You also agree to comply with any instructions provided to.you along with your. PayPal .
Here.Device.
Back to top .i
cdr
','5. Mobile Compatibility. .
PayPal Here permits you to accept Card transactions on a.compatible mobile device. PayPal does not warrant that PayPal
Here will be compatible with your mobile device. If your device was modified contrary to the manufacturer's software or
``hardware guidelines; Including but not limited to "jallbreaking,'which means disablement of the device's hardware or,
�,,,software security controls, then you may not use PayPal Here on your modified device.
Back to top, >'
3
ti= 6. Fees.
a. Monthly Subscription: None
b. Transaction Fees: The transaction fees are expressed as a percentage of the payment amount plus, for Keyed
Transactions; a fixed amount:
Card Present Transactions
2.7%
Keyed Transactions
3.5%+ $0.15
PayPal Transactions (In Store) .
2.796
Cross -Border Transactions - Card Present and PayPal Transactions
4.29/a
Cross -Border Transactions - Keyed Transactions
5.0%+$,15
If You're a verified charitable organization:
Card Present Transactions -
2.7%
Keyed Transactions, .
3.5%+ $0.15
PayPal Transactions (In Store)
2.7%
Transactlons-Card Present and PayPal Transactions
4.296
ss -Border Tr ansactions- KeyedTransactions
iCross -Border
Cro
I.
I.
Back to top
r
l
7: Privacy.
The PayPal Privacy Policy applies to your use of PayPal Here. The protection of your Information is important to PayPal:
tikawise, SnformtMon you receive ft= us about your. cuatomers.must be kept cortfideraiai, stotedsecurely and only used
srfor
purposes related to PayPal Here and as agreed to In the PayPal Privacy Policy. As a reminder, information you receive
may not be used to send unsolicited email or SMS messages to a user without the user's express consent.
Back to top
8. Reserves and other Protective Actions.
If.we believe there may a high level of risk associated with your PayPal account, we may take certain actions in
connection with your PayPal account and/or your use of the PayPal services.
a. Actions we May Take.-PayPal, in its sole discretion,: may take various actions we determine are necessary when vm
,.
believe there may be a high level of risk associated with you, your PayPal account, or. any all of your transactions::.
Such actions may. Include placing ahold or reserve on funds in your PayPal account; requesting additional colla teralfrom
you such as a letter of creditora personal guaranty, or limiting transactions to those made withinthecountry of your
PayPal account. PayPal may contact your customers on your behalf.in the event PayPal is investigating potential fraud.
More Information about the actions we may take and your liability can be found in the User Agreement
b. information. In order to determine the risk associated With your PayPal account and/or use of PayPal Here, PayPal may
request at any time, and you agree to.provide;.any information about your business, operations or financial condition.
We reserve the right to reassess your eligibility for any PayPal, service if your business.is materially different from the
µ(:
information you provided in your application.:
Back to top
J
9. License Grant.
i
If you are using PayPal software such as an AP i, developer's toolkit or other software application that you have downloaded
to you r. computer, device, or other platform; then PayPal grants you a revocable, non-exclusive, non -transferable license to
use PayPal's software inaccordanee with the documentation. This license grant includes, the software and all updates,
upgrades, new versions and replacement software for your personal use only. You may not rent, lease or otherwise transfer
your rights In the software to third party. You must comply with the implementation and use requirements contained in
all PayPal documentation accompanying the PayPal services. If you do not comply with PayPai's implementation and use ,
requirements you Iwill be liable for all resulting damages suffered by you, PayPal and third parties. You agree not to alter,
reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompiie or otherwise attempt to
create any source code which is derived from the software. You acknowledge that all rights, title and interest: to PaykVs.
software are owned by PayPal. Any third party software application you use on the PayPal website is subject to the license
..youagreed
to with the third party thatprovides you with this software. PayPal does not own, control nor have any,
`responsibility
or liability for any third party software application you elect to use on the PayPal website and/orin
connection with the PayPal services. if you are using the PayPal services on the PayPal website, or other website or
w:
XY.Olatform hosted by PayPal; or third party, and are not downloading PayPal's software or using third party. software
`.
applications on the PayPal website, then this section does not apply to your ase of the hosted PayPal services..
Back'to top
w
Vol: Pg.
k
10. Acceptable Use.
You may not accept payments in violation of PayPal's Acceptable Use Policy.
Back to top
i.
11. Data Security.
a. General • You are fully responsible for the security of data In your possession or control as a result of using PayPal Here.
You agree to comply with all applicable laws and rules in connection with your collection, security and dissemination of
any personal, financial, Card, or transaction information (defined as "Data'l.
b. Data UsaQs. Unless you receive the express consent of your customer, you may not retain, track, monitor, store or
otherwise use Data beyond the scope of the specific transaction. Further, unless you get the express consent of PayPal,
you agree that you will not use nor disclose the credit/debit card data for any purpose other than to support payment
a . foryour goods and services. Credit/debit card data must be completely removed from your systems, and any other place
where you store credit/debit card data, within 24 hours after you receive an authorization decision unless you have
received the express consent of your customer to retain the credit/debit card data for the sole purpose of processing
recurring payments. To the extent that credit/debit card data resides on your systems and other storage locations, it
should do so only for the express purpose of processing your transactions. All Data and other information provided to
you by PayPal in relationship to the PayPal Here service and all credit/debit card data will remain the property of
PayPal, its Acquiring Bank or the Card Companies, as appropriate.
c. Password Security. You agree to restrict use and access to your password and log -on ID to your employees and agents
as may be reasonably necessary, and will ensure that each such employee or agent complies with these PayPal Here
Terms. You will not give, transfer, assign,sell, resell or otherwise dispose'of the i"rffofmation and materials provided to
you to utilize the PayPal Here services. You are solely responsible for maintaining adequate security and control of any
and all IDs, passwords, or any other codes that are Issued to you by PayPal, each Acquiring Bank or the Card Companies.
d. PCI Coop' nc . You agree that at all times you shall be compliant with the Payment Card Industry Data Security
Standards (PC[ DSS) and the Payment Application Data Security Standards (PA DSS), as applicable. You agree to
promptly provide us with documentation evidencing your compliance with PCI DSS and/or PA DSS, If requested by us.
You also agree that you will use only PayPal-approved PCI compliant service providers in connection with the storage, or
transmission of a cardholder's account number, expiration date, and CVV2. You must not store CVV2 data at any time.
Your customers' credit/debit card data is handled by PayPal if you use the PayPal Here Device to swipe credit, debit and
PayPal Payment cards. PayPal adheres to PCI DSS.
e. Audit• If PayPal believes that a security breach or compromise of Data has occurred, PayPal may require you to have a
third party auditor that is approved by PayPal conduct a security audit of your systems and facilities and issue a report
to be provided to PayPal, the Acquiring Banks and the Card Companies. In the event that you fall to Initiate an audit
within 10 Business Days of PayPal's request, PayPal may conduct or obtain such an audit at your expense.
f. �goFll n J h Data Protection Schedule. You agree (as a "Merchant) to comply with Schedule J. below, which forms
part of this Agreement. The terms of the Data Protection Schedule shall prevail over any conflicting terms In this
Agreement relating to data protection and privacy.
Back to top
t..
thepurpose of fadlltating the acceptance and settlernent of your Card transactions Arid in connection' with' items,
including chargebacks, refunds, disputes, adjustments, and other inquiries.
b. PayPal shall have the right (1) to use the Data It receives from you as necessary to perform the PayPal services; (11) to
collect and process the Data subject to applicable law to use internally for retard keeping, tntermt teporting, analytics,
fraud detection and support purposes; (111) to compile and disclose Data in the aggregate where your Individual or user
Data is not identifiable, including calculating merchant averages by region or Industry; and (iv) to provide the Data as
required by the Card Companies, the Acquiring Banks, law or court order, or to defend PayPal's rights In a legal dispute.
Back to top
13. PayPal is Your Agent for Receiving Payment.
.,you represent and warrant to PayPal that each transaction that you process through PayPal Here is solely in payment for
:,your provision of bona fide goods and/or services to your customers (each, a "Payor'). You hereby designate PayPal, and
PayPal hereby agrees to serve, as limited agent for the sole purpose of receiving such on your behalf from
your Payors. You agree that upon PayPal receiving payment from a Payor: (a) you shall be deemed to have received
payment from such Payor, (b) such Payor's obligation to you In connection with such payment shall be satisfied in full, (c)
-any claim you have for such payment against such Payor shall be extinguished and (d) you are obligated to deliver the
applicable goods and/or services to the Payor, in each case regardless of whether or when PayPal remits such payment to
you. PayPal will remit to you in accordance with this Agreement, or apply as an offset to any obligation you may have to
PayPal, any such payments it receives on your behalf. You shall identify to your Payors that PayPal is acting as your agent
for purposes of receiving payment on your behalf. Any receipt provided to the Payor shall be binding on you and shall
satisfy all applicable regulatory requirements. This paragraph states the entirety of PayPars duties as your agent for receipt I
of payment, and no other duties shall be Implied by PayPal's undertaking to act in that capacity.
i
Badctotop
14. Definitions.
"Acquiring Bank" means each of the financial institutions PayPal partners with to process your Card payments, Including
your PayPal Here transactions.
`Business Days'mean(s) Monday through Friday, excluding holidays when PayPal's offices are not considered open for
business in the U.S. Holidays include New Year's Day (January 1), Martin Luther King, Jr.'s Birthday (the third Monday in
January), George Washington's Birthday (the third Monday in February), Memorial Day (the last Monday In May),
independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October),
Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a
holiday falls on a Saturday, PayPal observes the holiday on the prior Friday, if the holiday fails on a Sunday, PayPal
observes the holiday on the following Monday.
"Card Companlee means a company or group of financial institutions that promulgate rules to govern Card transactions via
bankcard and payment networks including MasterCard, Visa, Discover, and American Express.
°Cross -Border Transaction° means the following: (1) a transaction using a Card Issued outside the United States, or (z) a
;PayPal Transaction In which the buyer uses a non -U.S. PayPal account to fund the transaction.
i
; s
x�•<� Keyed'iransactlon" means a Card transaction where you donotswipe the Card via the PayPal Here Device, but inste d
Input the Card number and other required information via hp PayPAI Here App.
Vol. v2 75, pg Li ry
'i
which may include capafiilities for 'riiagneticswipi:; ship an d signature, an
/or contact e'ss payment acceptance.
"PayPal Transaction" means a transaction using a PayPal-issued access method such as the PayPal payment card or a
PayPal Here check-in transaction.
"PayPal User Agreement" means the online agreement you entered Into with PayPal when you opened your PayPal account,
t, as it may have been amended from time to time. The PayPal User Agreement currently in effect can be accessed via the
Legal Agreements link in the footer of nearly every page on the PayPal website.
i
5 "Card Present Transaction' means a transaction that you submit to PayPal by swiping a Card through the PayPal Here
s, Device, Inserting a chip Card into the PayPal Here Device, or presenting a physical or virtual Card via Near Field
Communication ("NFC) to the PayPal Here Device.
SCHEDULE 1
DATA PROTECTION SCHEDULE
This Data Proection Schedute applies only to the extent that PayPal acts as a processor or Sub -processor to Merchant.
Capitalized terms used but not defined in this Schedule shall have the meaning set out in the Agreement.
1 DEFINITIONS AND INTERPRETATION
Y1 The following terms have the following meanings when used In this Schedule:
"Card Information" is defined in Section 2AS of this Schedule.
"Customer" means a European Union customer of Merchant who uses the PayPal services and for the purposes of this
Schedule, is a data subject.
"Customer Data" means the personal data that the Customer provides to Merchant and Merchant passes on to Paypal
through the use by the Merchant of the PayPal services.
"data controller" (or simply "controller") and 'data processor" (or simply "processor") and "data subject" have the meanings
given to those terms under the Data Protection Laws.
"Data Protection Laws" means General Data Protection Regulation (EU) 2016/679 (GDPR) and any associated regulations or
instruments and any other data protection laws, regulations, regulatory requirements and codes of conduct of EU Member
States applicable to PayPal's provision of the PayPal services.
"Data Recipient" is defined In Section 2.15 of this Schedule,
"PayPal Group" means PayPal and all companies In which PayPal or Its successor directly or indirectly from time to time
owns or controls.
s,
"personal data" has the meaning given to it in the Data Protection Laws.
.pt "processing" has the meaning given to It in the Data Protection Laws and "process", "processes" and "processed" will be
&IInterpreted accordingly.
v''Sub-processor" means any processor engaged by PayPal and/or its affiliates In the processing of personal data.
A;..
Vol. Pg. �3
and -(iv) Attachfrtie'nt 3'(With Its appendixes). '
2 PROCESSING OF PERSONAL DATA IN CONNECTION WITH THE SERVICES
2.1 Merchant data controller. With regard to any Customer Data to be processed by PayPal in connection with this
Agreement, Merchant will be a controller and PayPal will be a processor in respect of such processing. Merchant will be
I_ solely responsible for determining the purposes for which and the manner in which Customer Data are, or are to be,
processed.
2.2 Merchant written instructions. PayPal shall only process Customer Data on behalf of and in accordance with Merchant's
written instructions. The Parties agree that this Schedule is Merchant's complete and final written instruction to PayPal In
relation to Customer Data. Additional instructions outside the scope of this Schedule (if any) require prior written
agreement between PayPal and Merchant, including agreement of any additional fees payable by Merchant to PayPal for
:carrying outsuch additional instructions. Merchant shall ensure that Its instructions comply with all applicable laws,
Including Data Protection Laws, and that the processing of Customer Data in accordance with Merchant's instructions will
not cause PayPal to be in breach of Data Protection Laws. The provisions of this Section are subject to the provisions of
Section 2.14 on Security. Merchant hereby instructs PayPal to process Customer Data for the following purposes:
2.2.1 as reasonably necessary to provide the PayPal services to Merchant and its Customer;
2.2.2 after anonymizing the Customer Data, to use that anonymized Customer Data, directly or indirectly, which is no
longer Identifiable personal data, for any purpose whatsoever.
2.3 PayPal cooperation. In relation to Customer Data processed by PayPal under this Agreement, PayPal shall co-operate
with Merchant to the extent reasonably necessary to enable Merchant to adequately discharge its responsibility as a
controller under Data Protection Laws, including without limitation as Merchant requires in relation tm
2.3.1. assisting Merchant in the preparation of data protection impact assessments to the extent required of Merchant
under Data Protection Laws; and
t:
2.3.2 responding to binding requests from data protection authorities for the disclosure of Customer Data as required by
applicable laws.
2.4 Scope and Details of Customer Data processed by PayPal. The objective of processing Customer Data by PayPal is the
performance of the PayPal services pursuant to the Agreement. PayPal shall process the Customer Data in accordance with
the specified duration, purpose, type and categories of data subjects as set out in Attachment 2 (Data Processing of
Customer Data).
2.5 Compliance with Laws. The Parties will at all times comply with Data Protection Laws.
2.6 Correctlon, Blocking and Deletion. To the extent Merchant, In its use of the PayPal services, does not have the ability to
correct, amend, block or delete Customer Data, as required by Data Protection Laws, PayPal shall comply with any
commercially reasonable request by Merchant to facilitate such actions to the extent PayPal is legally permitted to do so.
To the extent legally permitted, Merchant shall be responsible for any costs arising from PayPal's provision of such
r.. assistance.
2.7 Data Subject Requests. PayPal shall, to the extent legally permitted, promptly notify Merchant If it receives a request
from a Customer for access to, correction, amendment or deletion of that Customer's personal data. Merchant shall bg
responsible for responding to all such requests. If legally permitted, PayPal shall provide Merchant with commercially. a
reasonable cooperation and assistance regardingsuch Customer's request and Merchant shall be responsible for any cpsts
nridna frnm PwPal'a accictanro. �/ I
F
o` %> Pg�
PayPal's obligations In this Schedule -to ehsure that the PayPal personnel are aware -of and complywith'such'obllgations - -
2.9 LimltatlonofAmess. PayPal shall ensure that access by PayPal's personnel to Customer Data is limited to those
personnel performing PayPal services in accordance with the Agreement.
2.10 Sub -processors. Merchant specifically authorizes the engagement of members of the PayPal Group as Sub -processors
In connection with the provision of the PayPal services. In addition, Merchant generally authorizes the engagement of any
other third parties as Sub -processors in connection with the provision of the PayPal services. When engaging any Sub -
processor, PayPal will execute a written contract with the Sub -processor, which contains terms for the protection of
Customer Data which are no less protective than the terms set out In this Schedule PayPal shall make available to Merchant
a current list of Sub -processors for the respective PayPal services with the identities of those Sub -processors.
2.11 Audits and Certifications. Where requested by Merchant, subject to the confidentiality obligations set forth in the
Agreement, PayPal shall make available to Merchant (or Merchant's independent, third -party auditor that is not a
competitor of PayPal or any members of PayPal or the PayPal Group) Information regarding PayPal's compliance with the
obligations set forth in this Schedule in the form of the third -party certifications and audits (if any) set forth in the Privacy
Policy set out on our website. Merchant may contact PayPal in accordance with the Agreement to request an on-site audit
of the procedures relevant to the protection of personal data. Merchant shall reimburse PayPal for any time expended for
any such on-site audit at PayPai's then -current professional PayPal services rates, which shall be made available to
Merchant upon request. Before the commencement of any such on-site audit, Merchant and PayPal shall mutually agree
upon the scope, timing, and duration of the audit in addition to the reimbursement rate for which Merchant shall be
responsible. All reimbursement rates shall be reasonable, taking into account the resources expended by PayPal. Merchant
shall promptly notify PayPal with information regarding any non-compliance discovered during the course of an audit.
2.12 Security. PayPal shall, as a minimum, implement and maintain appropriate technical and organizational measures as
described in Attachment 1 to this Schedule to keep Customer Data secure andprotect it against unauthorized or unlawful
processing and accidental loss, destruction or damage in relation to the provision of the PayPal services. Since PayPal
provides the PayPal'services to all Merchants uniformly via a hosted, web -based application, -all appropriate and then -
current technical and organizational measures apply to PayPal's entire customer base hosted out of the same data center
and subscribed to the same service. Merchant understands and agrees that the technical and organizational measures are
e; subject to technical progress and development. In that regard, PayPal is expressly permitted to implement adequate
alternative measures as long as the security level of the measures is maintained in relation to the provision of the PayPal
i
services.
2.13 Security Incident Notification. If PayPal becomes aware of a Security Incident in connection with the processing of
Customer. Data, PayPal will, in accordance with Data Protection Laws: (a) notify Merchant of the Security Incident promptly
and without undue delay; (b) promptly take reasonable steps to minimize harm and secure Customer Data; (c) describe, to
the extent possible, reasonable details of the Security Incident, Including steps taken to mitigate the potential risks; and
(d) deliver its notification to Merchant's administrators by any means PayPal selects, including via email. Merchantds solely
responsible for maintaining accurate contact information and ensuring that any contact information is current and valid.
2.14 Deletion. Upon termination or expiry of the Agreement, PayPal will delete or return to Merchant all Customer Data
processed on behalf of the Merchant, and PayPal shall delete existing copies of such Customer Data except where necessary
L:.
to retain such Customer Data strictly for the purposes of compliance with applicable law.
2.15 Data Portability. Upon any termination or expiry of this Agreement, PayPal agrees, upon written request from .i
Merchant, to provide Merchant's new acquiring bank or payment service provider ("Data Recipienty with any available
t�iredlt card information including personal data relating to Merchant's Customers ("Card Informatlon'9. In order to do so,
Merchant must provide PayPal with all requested information including proof that the Data Recipient is In compliance''with
11K
•the Association PCI -DSS Requirements and is level i PCI compliant. PayPal agrees to transferthe Card information to the
`f Data Recipient so long as the following applies: (a) Merchant-provides-PayPal with proof that the Data Recipient Is in •'
I VN. oC %✓_ Lay. / �J_
on'compllanice with the AssoNatidn'PCI=DSS RequlreMOU from'a-qualified p'rovlder and any other information -reasonably -
requested by PayPal; (b) the transfer of such Card Information is compliant with the latest version of the Association PCI -
DSS Requirements; and (c) the transfer of such Card Information is allowed under the applicable Association Rules, and any
,i. applicable laws, rules or regulations (including Data Protection Laws).
ATTACHMENT i
Technical and Organizational Measures
The following technical and organizational measures will be implemented: .
1. Measures taken to prevent any unauthorized person from accessing the facilities used for data processing;
2. Measures taken to prevent data media from being read, copied, amended or moved by any unauthorized persons,
3. Measures taken to prevent the unauthorized Introduction of any data into the information system, as well as any
unauthorized knowledge, amendment or deletion of the recorded data;
4. Measures taken to prevent data processing systems from being used by unauthorized. person using data transmission
facilities;
S. Measures taken to guarantee that authorized persons when using an automated data processing system may access only
data that are within their competence;
6. Measures taken to guarantee the checking and recording of the identity of third parties to whom the data can be .
transmitted by transmission facilities,
7. Measures taken to guarantee that the identity of the persons having had access to the information system and the data
introduced into the system can be checked and recorded ex post facto at any time and by any authorized person;
8. Measures taken to, prevent data from being read, copied, amended or deleted in an unauthorized manner when data are
disclosed and data media transported;
9. Measures taken to safeguard data by creating backup copies.
ATTACHMENT 2
Data Processing of Customer Data
Categories of data subjects
Customer. Data - The personal data that the Customer provides to Merchant and Merchant passes on to PayPal through the
use by the Customer of the PayPal services.
Subject -matter of the processing
The payment processing services offered by PayPal which provides Merchant with the ability to accept credit cards, debit
cards, and other payment methods on a website or mobile application from Customers.
Nature and purpose of the processing
PayPal processes Customer Data that Is sent by the Merchant to. PayPal for purposes of obtaining verification or
4'Aalithorizatlon of the Customer's payment method as payment to the Merchant for the sale goods or services.
'0 Type of personal data
r
Agreement: Should there be any changes to the type of Customer Daia'PayPal'is FequlPeA to'process then Mercbant3hail' "
notify PayPal immediately. PayPal processes the following Customer Data, as maybe provided by the Merchant to PayPal
from time to time -
Full name (Optional)
X
(Intact address (Optional)
X
mall address (Optional)
X
elephone number (Optional)
X
and or payment instrument type
Optional)
X
rd Primary Account Number
(PAN or Device specific Primary
ccount Number (DPAN)
X
and Verification Value (CVV)
X
and exp'uation date
X
p Code
X
Special categories of data (if relevant)
The transfer of special categories of data Is not anticipated.
Duration of Processing
The term of the Agreement.
I
Vol. Pg.
L -- -__j
Back to top
411999-201a Privacy Legal Feedback
>> View all legal agreements
PayPal Website Payments Pro and Virtual
Terminal Agreement
Last Update: March 29, 2017
/M Print T Download PDF
This PayPal Website Payments Pro and Virtual Terminal agreement ("Pro/VT
Agreement") is a contract between you (the "Merchant") and PayPal, Inc., and applies
to your use of PayPal Payments Advanced ("Payments Advanced"), PayPal Payments
Pro (Website Payments Pro) ("Payments Pro"), PayPal Payments Pro (Website
Payments Pro Payflow Edition) ("Payments Pro Payflow"), or Virtual Terminal
(the "Products"). Each of the Products includes the PayPal services listed in this ProNT
Agreement and described more fully on our website. You must read, agree with and
accept all of the terms and conditions contained in this Pro/VT Agreement. By using any
of the Products, you agree to comply with all of the terms and conditions in this ProNT
Agreement, so please read all of the terms and conditions carefully.
This ProNT Agreement applies in addition to the PayPal User Agreement and any other
agreement to which you have entered into with PayPal (collectively "PayPal
Agreements") to your use of the PayPal services through the Products. If any
inconsistency exists between the terms of the PayPal User Agreement and this ProNT
Agreement then, except for Express Checkout, the terms of this Pro/VT Agreement shall
control in connection with your use of the PayPal services through any Product. The
terms of the PayPal User Agreement shall control for any inconsistency for Express
Checkout.
We may amend this ProNT Agreement at any time by posting a revised version on our
website. The revised version will be effective at the time we post it. In addition, if we
change the ProNT Agreement in a way that reduces your rights or increases your
responsibilities, we will provide you with 30 Days' prior notice by posting notice on the
"Policy Updates" page of our website. If you would like to receive notification by email
of new Policy Updates, then you may do so by logging into your PayPal account and
selecting this option by going to My Account > Profile > Account Information >
Vol. P9.
Notifications. If you do not agree with any change, to the Pro/VT Agreement, you may
terminate your use of the PayPal services at any time.
1. Credit Report Authorization.
You understand and agree that you are providing PayPal with your "written instructions"
in accordance with the.Fair Credit Reporting Act, and you are authorizing PayPal to
obtain your personal credit report from a credit bureau for the purpose of processing this
application for PayPal services. You further understand and agree that you are
authorizing PayPal to obtain your credit report on an ongoing basis for account review
purposes.
2. Fees.
All fees are in U.S. Dollars unless otherwise stated. The fees associated with any Express
Checkout transaction submitted by you via any Product are set forth m the PayPal User
Agreement.
a. Product Monthly Fees.
Product
Monthly Fee
Payments Advanced
$5
ayments Pro
Payments Pro Payllow
$30
$30
Virtual Terminal Only
$30
b. Transaction Fees. The Transaction Fees are expressed as a percentage of the payment
amount, plus a fixed amount. Transaction Fees associated with any American Express®
Direct Payment or Virtual Terminal Payment you accept are set forth separately below.
EFees Products that offer the Service
Vol. _ 7 P9• 7 ,�
-.. J
* Excludes Direct Payments and Virtual Terminal Payments where an American Express
Card is used.
The Transaction Fees above are for payments received by you in U.S. Dollars. If the
payment is in a currency other than U.S. Dollars, then the fees above shall apply with the
following change: The $0.30 USD fixed fee portion will be replaced by the fixed fee of
the currency of the payment as described below.
Curren —
Flxed Fee
Australian Dollar:
Advanced,
Canadian Dollar:
$0 30 CAD
LFeeL
Pro,
$0.30
Pro Payflow
Purchase Payment Fees set forth
ExpressCheckoutin
the PayPal Uaer Agreement shall
F:�enlsanced,
ap I .
Payflow
t base Payment Fees set forth in
Advanced PaYments Pro
thc PayPal User Agreement shall
La;�w
PIY,
Fee
Virtual
ayments Advanced, Payments Pro,
Payments Pro Payftow,
Terminal*
3.1%+50.30
irtual Terminal (only)
If you're a verified
charitable organization:
Direct
Fee:
Payments Advanced, Payments Pro,
Payments*
2.2+$0.30
Payments Pro Payflow
Virtual
Fee
Payments Advanced, Payments Pro,
Payments Pro Payflow, Virtual Terminal
enninal*
24%+$0.30
(only)
* Excludes Direct Payments and Virtual Terminal Payments where an American Express
Card is used.
The Transaction Fees above are for payments received by you in U.S. Dollars. If the
payment is in a currency other than U.S. Dollars, then the fees above shall apply with the
following change: The $0.30 USD fixed fee portion will be replaced by the fixed fee of
the currency of the payment as described below.
r•
Vol. Pg..
Curren —
Flxed Fee
Australian Dollar:
$0 30 AUD
Canadian Dollar:
$0 30 CAD
r•
Vol. Pg..
Euro;
£0.35 EUR
Ja anese Yen:1*40.TPY
3.5*
U.K. Pounds Sterling:
£0.20 GBP
The following Transaction Fees shall apply to payments made using an American
Express Card:
American Express Payments
Fee
Direct Payments
3.5*
rVutual Temtinal Payments
3.5%
c. Optional Services. If you elect to use any of the optional PayPal services listed
below, the following fees shall apply.
Service --lee
Products that offer the Service
Recurring PaymentsMonthly
Fee: $30
Payments Pro,
Virtual Terminal (only)
Monthly Fee: $20
Payments Pro,
Advanced Fraud Management Filters
Per Transaction: $0.05*
Virtual Terminal (only)
Monthly Fee: $10.00
ayments Advanced,
Advanced Fraud Protection Services
Per Transaction: $0.05*
Payments Pro Payflow
Payments Advanced,
Recurring Billing i�
ontlily Fee: $10.00
�Paymcnts
Pro Payflow
Account Monitoring Service
et $29.95
Up:
Payments Pro Payflow
Monthly Fee: $19.95
Fee: $10.00
Buyer Authentication Service
to Payflow
*Payments
Peronthly
Transaction: $0.10
*Excludes Express Checkout transactions.
d. Additional Fees. The following additional fees apply to all Products in connection
with the activity described.
AAV]ty
Fee
Unca turedAuthoriization*
$0.30 per uncaptured
For each successful uncaptured Direct Payment or Virtual
authorization
Terminal authorization.
Card Verification Transactions**
$0.30 per card verification
For all Direct Payment or Virtual Terminal card authorization
request
verification transactions
Cross order Payment*
1.5%
(added to the Transaction Fees)
For receiving payments from buyers outside the United States.
Refund*
Fixed -Fee -portion of.the.
original Transaction Fee.
or all refunds, except refunds of Direct Payments or Virtual
Terminal Payments where the buyer used an American
(The Fixed Fee will depend on
Express Card, the Fixed Fee portion of the Transaction Fee
the currency of the payment, so
will be deducted from your Account at the time of the refund,
if the payment was made in
in addition to the full payment amount that is refunded to the
USD then the refund fee is
buyer.
$0.30.)
For refunds of Direct Payments or Virtual Terminal Payments
where the buyer used an American Express Card, the
Transaction Fee applied to
Transaction Fee will be deducted from your Account at the
the original transaction.
time of the refund, in addition to the full payment amount that
is refunded to the buyer.
Failure to use Express Checkout
i Up to 1.0% i
(added to the Transaction Fees)
Vol. o�2 7J Pg. 5
i
1
Applies to Payments Advanced, Payments Pro, and Payments
Pro Paytiow— See section 2(g) for more details.
Rislc Factors
Up to 5.0%
PayPal determines that your Account presents Risk Factors
(added to the Transaction Fees).
as stated in section 2(h).
CurrenevCoirversicyn
The exchange rate is determined by a financial institution and
2.5%
is adjusted regularly based on market conditions. Adjustments
(added to the exchange rate)
may be applied immediately and without notice to you.
$20.00 USD
$22.00 AUD
$20.00 CAD
Char eback
Applied at the time a Chargeback is applied to your Account
16.00 EUR
and charged in the currency of the. transaction.
1875 3P`Y
£14.00 GBP
= Excludes Direct Payments and Virtual Terminal Payments where an American Express
Card is used.
**Applies only to Visa and MasterCard transactions.
e. Payment Terms.
1. If you use Virtual Terminal only, you agree to allow PayPal to charge your PayPal
account for fees that become due under this Pro/VT Agreement. In the event that PayPal
is unable to recover any fee amount that is due from your PayPal account, PayPal may
terminate your use of the PayPal services within 30 days of the date that the fee was due
and you will remain obligated to pay PayPal for any unpaid amounts. If you use
Payments Pro and choose to have your fees under this ProNT agreement charged to your
PayPal account, the terms of this paragraph apply.
2. If you use Payments Advanced or Payments Pro Payflow, you agree to allow
PayPal to charge the credit card or bank account that you provided when you. registered
vol. 75� pg. 7 J I
t:.
for these Products for fees that become due under this Pro/VT Agreement. If you use
Payments Pro and choose to have your fees under this ProNT agreement charged to your
credit card or bank account, the terms of this paragraph apply.
3. Monthly fees are paid on a calendar month basis. For Payments Pro or Victual
Terminal, monthly fees are charged in advance. For Payments Advanced or Payments Pro
Payflow, monthly fees are payable in arrears.
4. For fees charged per transaction, the fee amount will be deducted from the
transaction amount at the time of the transaction. You are liable for all claims, expenses,
fines, and liability PayPal incurs arising out of your use of the Products.
5. All fees are non-refundable.
f. Promotional Period. If you have signed up for the PayPal services pursuant to a
promotional period, you agree to pay the monthly fee upon the expiration of a
promotional period offered by PayPal.
g. Failure to Use Express Checkout. If you fail to comply with the requirement to use
Express Checkout described in Section 8, you may be subject to up to a 1% fee increase
to your then current Transaction Fee rate. This fee may be included in your initial rate
when yoii firsfsign up for the PayPal services, or may be added at any time by PayPal
with 30 days' prior written notice of the fee increase. You agree to terminate your use of
the PayPal services if you do not agree to this fee.
h. Risk Factors Fee. If PayPal determines that your PayPal account receives, or is likely
to receive, a disproportionately high number of customer complaints, Reversals,
chargebacks, disputes, claims, fees, fines, penalties or other liability (collectively "Risk
Factors"), you may be subject to up to a 5% fee increase above your then current
Transaction Fee rate. This fee may be added to your initial rate when you first sign up for
the PayPal services, or may be added at any time by PayPal with 30 days' prior notice of
the fee increase. You agree to terminate your use of the PayPal services if you do not
agree to this Fee.
i. Rewired Use of PayPal-Hosted Pages for PayPal Payments Advanced. Payments
Advanced requires the exclusive use of PayPal-hosted templates on your checkout pages
to process payments. If you use Payments Advanced to process payment sales or
authorizations on non-PayPal hosted pages, you may be charged the higher monthly fee
Vol. Pg,
for using Payments Pro Payflow instead of the Payments Advanced monthly fee, but you
may not receive full access to all features of Payments Pro Payflow. PayPal may
implement this fee increase in its sole discretion at any time with 30 days' prior written
notice to you. You agree to terminate your use of the PayPal services if you do not agree
l;
to this fee.
g j. Processing Requirements. You agree to submit only any transactions for processing
which represent a bona fide, permissible transaction free of liens, claims, and
encumbrances other than ordinary sales taxes; as outlined in this Pro/VT Agreement and
in the Card Company Rules, or which accurately describes the product or services being
sold or the charitable donations being made. You authorize PayPaI to submit transactions
to and receive settlement from American Express and to disclose transaction and
merchant information to American Express to perform analytics and create reports, and
for any other lawful business purposes, including commercial marketing communications
purposes and important transactional or relationship communications. You also agree to
ensure data quality and that any Data is processed promptly, accurately and completely,
and complies with the Card Companies' technical specifications. You agree not to
process transactions or receive payments on behalf of any other party, or redirect
payments to any other party. You agree not to bill or collect from any cardholder for any
purchase or payment on the card unless you have the right to do so under the Card
Company Rules.
3. Data Security.
a. General. You are fully responsible for the security of data on your website or
otherwise in your possession or control. You agree to comply with all applicable laws
and rules in connection with your collection, security and dissemination of any personal,
financial, Card, or transaction information (defined as "Data") on your website. You
must report any Data breach or incident to PayPal and the Card Companies immediately
after discovery of the incident.
b. PCI Compliance. You agree that at all times you shall be compliant with the Payment
Card Industry Data Security Standards (PCI DSS), the Payment Application Data
Security Standards (PA DSS), and any Card Company data security requirements, as
applicable. You agree to promptly provide us with documentation evidencing your
compliance with PCI DSS, PA DSS, or other data security requirements, if requested by
1",
us. You also agree that you will use only PCI compliant service providers in connection
with the storage, or transmission of Card Data defined as a cardholder's account number,
expiration date, and CVV2. You must not store CVV2 data at any time. Your customers'
Card Data is handled by PayPal if: (a) your Product is Payments Advanced, or (b) your
Product is Payments Pro Payflow and you choose to activate the "transparent redirect"
feature and integrate the feature properly per PayM's instructions. PayPal adheres to PCI
DSS. PayPal agrees that it shall comply with the applicable PCI DSS requirements, as
such may be amended from time to time, with respect to all cardholder data received by it
in connection with this Agreement. PayPal acknowledges that it is responsible for the
security of cardholder data it possesses at otherwise stores, processes or transmits on
behalf of the Merchant, or to the extent that they could impact the security of the
Merchant's cardholder data environment.
c. Data Usage. Unless you receive the express consent of your customer, you may not
retain, track, monitor, store or otherwise use Data beyond the scope of the specific
transaction. Further, unless you get the express written consent of PayPal and each
Acquiring Bank and/or the Card Companies, as applicable, you agree that you will not
use nor disclose the Card Data for any purpose other than to support payment for your
goods and services. Card Data must be completely removed from your systems, and any
other place where you store Card Data, within 24 hours after you receive an authorization
decision unless you have received the express consent of your customer to retain the Card
Data for the sole purpose of processing recurring payments. To the extent that Card Data
resides on your systems and other storage locations, it should do so only for the express
purpose of processing your transactions. All Data and other information provided to you
by PayPal in relationship to the PayPal services and all Card Data will remain the
property of PayPal, its Acquiring Bank or the Card Companies, as appropriate.
d. Password Security. You agree to restrict use and access to your password and log -on
ID to your employees and agents as may be reasonably necessary, and will ensure that
each such employee or agent complies with the terms of this Pro/VT Agreement. You
will not give, transfer, assign, sell, resell or otherwise dispose of the information and
materials provided to you to utilize the PayPal services. You are solely responsible for
maintaining adequate security and control of any and all IDs, passwords, or any other
codes that are issued to you by PayPal, each Acquiring Bank or the Card Companies.
e. Audit. If PayPal believes that a security breach or compromise of Data has occurred,
PayPal may require you to have a third party auditor that is approved by PayPal conduct a
VolPg. �J�
security audit of your systems and facilities and issue a report to be provided to PayPal,
the Acquiring Banks and the Card Companies. In the event that you fail to initiate an
audit within 10 business days of PayPal's request, PayPal may conduct or obtain such an
audit at your expense. 1n addition, the Card Companies may conduct an audit at any
time, for the purpose of determining compliance with the Card Company Rules.
4. Additional Terms for American Express Card Acceptance.
a. American Express may use the information obtained in your application at the time
of setup to screen and/or monitor you in connection with Card marketing and
Iadministrative purposes.
F`.
b. You maybe converted from this ProNT Agreement to a direct card, acceptance
agreement with American Express if you reach certain monthly sales volumes. Upon
conversion, (i) you will be bound by American Express' then -current Card Acceptance
Agreement; and (ii) American Express will set your pricing and other fees for American
Express Card acceptance.
c. By accepting these terms, you agree to receive commercial marketing
communications from American Express, You may opt out by visiting your account
management settings or otherwise contacting PayPal.
d. American Express shall be a third party beneficiary of this ProNT Agreement for
purposes of American Express Card acceptance. As a third party beneficiary, American
Express shall have the right to enforce directly against you the terms of this ProNT
Agreement as related to American Express Card acceptance. You acknowledge and
agree that American Express shall have no responsibility of liability with regard to
PayPal's obligations to you under this ProNT Agreement.
5. Dynamic Currency Conversion
You may not perform dynamic currency conversion. This means that you may not list an
item in one currency and then accept payment in a different currency. If you are
accepting payments in more than one currency, you must separately list the price of each
tks product or service in each currency.
i
N / t
F
. Pg.
J
6. Brand Parity.
By using the Products, PayPal permits you to directly accept Cards. With regard to your
Card acceptance, you agree to the following:
a. Where you accept Cards on your website, you will display each Card's logo with
equal size and prominence, and you shall not display a preference for, nor discriminate
against, one Card over another, including your refund policies for purchases.
b. You agree to comply with the logo usage standards located
at: http://www.paypaLcomfcgi-bin/webscr?cmd=xpt/general/OnllncLogoCenter-
outside.
c. You authorize PayPal to provide information regarding your business and individual
Card transactions to third parties for the purpose of facilitating the acceptance and
settlement of your Card transactions and in connection with items, including
chargebacks, refunds, disputes, adjustments, and other inquiries.
7. Card Not Present.
You acknowledge that PayPal processes transactions through the Products as remote
(card not present) payments. If you accept a Card that is physically presented to you at
the point of sale you acknowledge that the scope of your protection from Chargebacks
will be limited to the protection that is available for remote payments.
8. Required Use of Express Checkout, PayPal Credit
a. If you use Payments Advanced, Payments Pro, or Payments Pro Payflow, you must
use Express Checkout in the following manner:
1. You must include a PayPal Express Checkout button either: (i) before you request
the shipping/billing address and other financial information from your customers or (ii)
on the same page that you collect such information if you only use one page for your
checkout -process.
Vol.
F
2. You must offer PayPal as a payment option together with the other payment options
you offer. The PayPal acceptance mark must be displayed with equal prominence to the
logos for your other payment options. You shall not discriminate against PayPal, nor
discourage its use, as a payment option over any other payment option offered by you.
3. You must provide your customers with the option of not storing their personal
information, including their email address, shipping/billing address, and financial
information.
b. If you use Payments Advanced, you must offer PayPal Credit as a payment option on
your hosted checkout page as automatically enabled by PayPal. Any offers associated
with PayPal Credit that you present outside of the hosted checkout page must be
displayed in the manner prescribed and instructed by PayPal and approved by PayPal
prior to posting.
9. Risk Controls.
If you use the Products, you may be able to elect to use our Risk Controls which provide
you the option of changing our certain controls to accept transactions with a higher
likelihood of risk. Eligibility for Risk Controls is determined in PayPal's sole discretion.
The following terms apply to your use of the Risk Controls:
a. Liabili . If you adjust your Risk Controls, in addition to your existing liability for
fraudulent transactions, you are liable for all additional risk It is your responsibilityto
adjust the Risk Controls to determine whether you want to accept or decline such
transactions. You may adjust the Risk Controls on the Risk Controls Overview Page on
the PayPal website. If you would like to remove your ability to access Risk Controls,
please contact your account manager.
b. Expanding Acceptance. You may adjust your Risk Controls to accept certain
payments, including:
1. Direct Payments or Virtual Terminal Payments that arc unable to verify the
cardholder's address through the Address Verification Services. This is also referred to as
"AVS No Match."
va. F,g�....�
2. Direct Payments or Virtual Terminal Payments that do not include a card security
code. This is also referred to as "Card Security Code Not Submitted".
3. All payment types that failed PayPaPs proprietary risk models.
c. Expanding Declines. You may adjust your Risk Controls to decline payments,
including:
1. Direct Payments or Virtual Terminal Payments where the address entered by the
cardholder only partially matches the information stored by the issuing bank.
2. Direct Payments or Virtual Terminal Payments where the Address Verification
Service is unsupported or unavailable at the time the payment is processed.
d. Transaction Reviews. You may adjust your Risk Controls to review and manually
accept payments. Reviewing a payment prevents the funds from being transferred to your
Account until you review the payment. If you do not accept a payment within 30 days, it
will be reversed. Note that not all payment types can be reviewed.
e. Rejecting. Transactions. You may not reject a transaction unless, based on various
combinations of authentication information, you reasonably determine that the individual
requesting the transaction is misrepresenting his or her identity.
10. Fraud Management Filters.
Fraud management filters allow you to accept or reject transactions with a higher
likelihood of risk. If you would like to restrict the ability to access fraud management
filters, please contact your account manager. Note, not all transactions will be reviewed
and there is no guarantee that fraud management filters will prevent losses.
a. Liability . If you adjust your fraud management filters, in addition to your existing
liability for fraudulent transactions, you are liable for all additional risk. It is your
responsibility to adjust the fraud management filters to determine whether you want to
accept or decline such transactions.
b. adjustments. You may adjust your fraud management filters to accept, flag, review or
deny certain payments, including:
Vol. o P9. G d
I
1. Direct Payments or Virtual Terminal Payments that are unable to verify the
cardholder's address through the Address Verification Services. This is also referred to as
"AVS No Match".
2. Direct Payments or Virtual. Terminal Payments that do not include a card security
code. This is also referred to as "Card Security CodeNot Submitted".
3. Direct Payments and Virtual Terminal Payments that.failed PayPal's proprietary
risk models.
4. Direct Payments and Virtual Terminal Payments where the address entered by the
cardholder only partially matches the information stored by the issuing bank.
5. Direct Payments and Virtual Terminal Payments where the Address Verification
Service is unsupported or unavailable at the time the payment is processed.
c. Transaction Reviews. Reviewing a payment prevents the funds from being
transferred to your Account until. you decide to accept that payment. if you do not accept
a payment within 30 days, it will be reversed.
d. Resecting Transactions. You may not reject a transaction unless, based on various
combinations of authentication information, you reasonably determine that the individual
requesting the transaction is likely not the consumer they are representing themselves to
be.
11. Fraud Protection Services.
If you use Payments Advanced or Payments Pro Payflow, you may use our Fraud
Protection Services. If you use our Fraud Protection Services, you are responsible for
setting preferences for the PayPal Fraud Protection Services. It your responsibility to
determine which transactions the Fraud Protection Services will accept or reject based on
the authentication information provided by PayPal.
12. Recurring Billing/Recurring Payments Consent.
Vvl. _ _ %? Pg. lv
I;
i
If you are using the Recurring Billing or Recurring Payments feature you agree that it is.
your responsibility to comply with Card Company Rules, applicable law, including the
Electronic Funds Transfer Act (Reg E), including by capturing your customers'
agreement to be billed on a recurring basis.
13. No Warranty.
THE PRODUCTS AND THE PAYPAL SERVICES AND ALL ACCOMPANYING
DOCUMENTATION ARE PRiOV WED TO YOU ON AN "AS IS" BASIS WITHOUT
ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTIES OF TITLE, NON -INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR:PURPOSE. PAYPAL
MAKES NO WARRANTY THAT THE PAYPAL SERVICES WILL BE
CONTINUOUS OR ERROR -FREE. PayPal does not guarantee, represent or warrant that
the PayPal services and related features that enable you to detect or minimize fraudulent
transactions will discover or prevent all non -valid or fraudulent transactions. PayPal is
not responsible for any non -valid or fraudulent transactions that are processed.
14. Reserves and other Protective Actions.
If, in our sole discretion, we believe there may be a high level of risk associated with you,
your PayPal account, your business model, or your transactions we may take certain
actions in connection with your Account and/or your use of the PayPal services.
a. Reserves. PayPal, in its sole discretion, may place a Reserve on funds held in your
PayPal account when PayPal believes there maybe a high level of risk associated with
your Account. If PayPal places a Reserve on funds in your PayPal account, they will be
shown as "pending" in your PayPal Balance. If your PayPal account is subject to a
Reserve, PayPal will provide you with notice specifying the terms of the reserve. The
terms may require that a certain percentage of the amounts received into. your PayPal
account are held for a certain period of time, or that a certain amount of money is held in
reserve. PayPal may change the terms of the Reserve at any time by providing you with
notice of the new terms.
r, '
b. Additional Actions. We may take other actions we determine are necessary to protect
against the risk associated with your PayPal account including requesting additional
collateral from you such as a letter of credit or a personal guarantee. PayPal may contact
your customers, on your behalf, in the event that PayPal is investigating potential fraud
c. Information. In order to determine the risk associated with your PayPal account,
PayPal may request at any time, and you agree to provide, any information about your
business, operations or financial condition. We reserve the right to reassess your
eligibility for any Product if your business is materially different from the information,
youptovided in your applicatiou.
15. Termination.
a. By Merchant. You may terminate your use of the PayPal services at any
time. Merchant may terminate its acceptance of American Express at any time upon
notice.
b. By PayPal. PayPal may terminate your use of the PayPal services if.
1. You fail to comply with the terms of, or are unable to pay or perform your
obligations under, this Pro/VT Agreement or any of the PayPal Agreements that apply to
the PayPal services;
2. We decide, in our discretion, that you become ineligible for the PayPal services
because there is a high level of risk associated with your PayPal account or for any other
reason, or upon request by any Acquiring Bank or any of the Card Companies.
3. You violate any Card Company Rule as they may be amended by the Card
Companies from time to time.
c. Effect of Termination. If your use of any Product is terminated, your use of the
PayPal services associated with that Product will immediately end. You agree to
complete all pending Card transactions, immediately remove all logos for Cards, and stop
accepting new transactions through the Product. If your use of any Product is terminated,
you will not be refunded the remainder of the Monthly Fees that you have paid for such
Product.
vol. 7✓ p9. G 3
16. General.
a. Law and Forum for Disputes, Ekcept as otherwise agreed by the parties or as
described in section 14.1 or 14.2 of the PayPal User Agreement, you agree that any claim
or dispute you may have against PayPal must be resolved by a court located in either
Santa Clara County, California, or Omaha, Nebraska. You agree to submit to the personal
jurisdiction of the courts located within Santa Clara County, California, or Omaha,
Nebraska for the purpose of litigating all such claims or disputes. This Pro/VT
Agreement shall be governed in all respects by the laws of the State of California,
without regard to conflict of law provisions.
b. Indemnification. You agree to defend, indemnify and hold PayPal, its parent, officers,
directors and employees harmless from any claim or demand (including attorneys' fees)
made or incurred by. any third party due to or arising (i) out of your breach of this Pro/VT
Agreement; (ii) your use of the Products or the PayPal services accessed through the
Products; (iii) your fraudulent transaction or data incidents.
c. No Waiver. Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
d. Compliance with Laws. You agree to comply with all applicable laws, rules, or
regulations, including the Card Company Rules.
e. Data Use. PayPal shall have the right (i) to use the Data itreceives from you as
necessary to perform the PayPal services; (ii) to collect and process the Data subject to
applicable law to use internally for record keeping, internal reporting, analytics; fraud
detection and support purposes; (iii) to compile and disclose Data in the aggregate where
your individual or user Data is not identifiable, including calculating Merchant averages
by region or industry; and (iv) to provide the Data as required by the Card Companies,
the Acquiring Banks, law or court order, or to defend PayPal's rights in a legal dispute.
f. Complete Aareement. This Pro/VT Agreement, along with the PayPal User
Agreement and any applicable policies and agreements on the Legal Agreements page
on the PayPal website, sets forth the entire understanding between you and PayPal with
respect to the your use of the Products and the PayPal services accessed through the
Products. If any provision of this Pro/VT Agreement is held to be invalid or
vol.75' Po,
unenforceable, such provision shall be struck and the remaining provisions shall he
enforced. In addition, your acceptance of Card transactions via a Product is also subject
to a Commercial Entity Agreement you have with each of the Acquiring Banks.
17. Definitions.
"Account Monitoring Service" means the optional service associated with Payments
Pro Payflow that receive notifications of suspicious activity, as described in more fully on
the PayPal website.
"Acquiring Bank" means each of the financial institutions PayPal partners with to
process your Card payments, including your Direct Payments and Virtual Terminal
Payments, and each of your Card funded Express Checkout payments, and with whom
you entered into a Commercial Entity Agreement.
"Advanced Fraud Management Filters" means the optional feature associated with .
Payments Pro and Virtual Terminal that allows you to use additional filters and toggles to
help protect you from fraud and chargebacks, as described in more detail on the PayPal
website.
"American Express" means American Express Travel Related Services Company, Inc.
and its affiliates.
"API" means PayPal's proprietary.application programming interfaces used to interface
with the PayPal systems in order to use certain PayPal services.
"Buyer Authentication Service" means the optional service associated with Payments
Pro Payflow that enables you to integrate Visa's Verified by Visa and MasterCard's
SecureCode into the Payments Pro Payflow service, as described in more detail on the
PayPal website.
"Card Companies" means a company or group of financial institutions that promulgate
rules to govern Card Transactions via bankcard and payment networks including
MasterCard, Visa, Discover, American Express, and the debit networks.
"Card Company Rules" means the rules and regulations governing acceptance of Cards.
Rules are available Visa, MasterCard, American Express, and Discover.
i
Vol. ��7� f9. �5
"Cards" means Visa, MasterCard, American Express, Discover, and debit network
branded payment cards.
"CVV2 Data" means the three or four digit number printed to the right of the Card
numher iathe signature panel an the back of the Cad. On American Express Cards, it is
ll printed on the front of the Card above the Card number.
k.
"Data" has the meaning provided in Section 3(a).
"Direct Payment" means a payment processed by PayPal through the Direct Payment
AN that is funded directly by a Card and not through a PayPal account.
"Express Checkout" means the PayPal service where PayPal is a payment option on a
merchant's website at checkout, with payments being processed by PayPal through the
Express Checkout API and funded directly from a User's PayPal account.
"Fixed Fee" means the portion of the Transaction Fees that is a fixed monetary amount
and not a percentage of the payment amount.
"Fraud Protection Services" means the optional service associated with Payments
Advanced and Payments Pro Paytlow, that allows you to access additional risk
management features to help protect you from fraud and chargebacks, as described in
more detail on the PayPal website.
"Monthly Sales Volume" means the total payment volume processed by you through
any Product using any payment method.
"Payments Advanced" means PayPal Payments Advanced (also known as Website
Payments Pro Payflow Link Edition), which is the suite of PayPal services consisting of
Express Checkout, PayPal Credit, and Direct Payments services as standard, and that
provides PayPal-hosted checkout, as described in more detail on the PayPal website.
Optional additional services include Fraud Protection Services and Recurring Billing,
which are all more fully described on our website.
"Payments Pro" means PayPal Payments Pro (Website Payments Pro), which is also
known as Website Payments Pro, and is the suite of PayPal services consisting of Express
Checkout, Direct Payments, Virtual Terminal and Fraud Management filters as standard,
KN,I as described in more detail on the PayPal website. Optional additional services include
a'
Vol. _5_ pg. G G
Advanced Fraud Management Filters and Recurring Payments, which are all more fully
described on our website.
"Payments Pro Payflow" means PayPal Payments Pro (Website Payments Pro Payflow
Editian� which is also known as Website Payments Pm Payflnw Edition, and is the suite
of PayPal services consisting of Express Checkout, PayPal Credit, Direct Payments, and
Virtual Terminal services as standard, and that provides foil checkout page
customization, as described in more detail on the PayPal website. Optional additional
services include Fraud Protection Services and Recurring Billing, which are all more
fully described on our website.
"PayPal Agreements" has the meaning provided in the second paragraph of this PrONT
Agreement.
"PayPal Credit" means the open-end, consumer credit account offered by Comenity
Capital Bank (Salt Lake City, Utah) and serviced by Bill Me Later, Inc. It is subject to
credit approval as determined by Comenity Capital Bank and offered to US consumers
who are of legal age in their state of residence.
"PayPal User Agreement" means the online agreement you entered into with PayPal
when you opened your PayPal account, as it may have been amended from time to time.
The PayPal User Agreement currently in effect can be accessed via the Legal Agreements
link in the footer of nearly every page on the PayPal website.
"Products" has the meaning provided in the first paragraph of this ProNT Agreement.
"ProNT Agreement" has the meaning provided in the fust paragraph of this ProNT
Agreement.
"Recurring Billing" means the optional feature associated with Payments Advanced and
Payments Pro Payflow that, with the consent of your customer, enables you to set up
payments that recur at specified intervals and frequencies as described in more detail on
the PayPal website.
"Recurring Payments" means the optional feature associated with Payments Pro and'
v Virtual Terminal that, with the consent of your customer, enables you to set up payments
that recur at specified intervals and frequencies, as described in more detail on the PayPal
website.
I
1
f
° vol. 2-73 Pg.
d.
"Risk Controls"' means the optional feature available to certain users of the Products
v:
that provide a merchant with the option of changing certain controls to accept or decline
transactions with a higher likelihood of risk
"Transaction Fees" means the fees provided in Section 2(b) of this ProNT Agreement.
Note, if you use certain optional PgPal services, certain additional fees may apply to
your transactions on a per transaction basis, as outlined in Section 2(c); however, these
are not included in this definition.
"Virtual Terminal" means the PayPal service that enables you to receive a Card
payment by manually entering Card Data given to you by a customer,
"Virtual Terminal Payment" means a payment processed by PayPal through the
Virtual Terminal flows that is funded directly by. a Card and not through a PayPal
account.
"Website Payments Pro" is defined under "Payments Pro".
"Website Payments Pro Payllow Edition" is defined under "Payments Pro Payflow".
1
Vol. pg L i
House Bill 89 & Debarment Verification
Brazos County Is federally mandated to adhere to the directions provided in the President's
Executive Order (EO) 13224, Executive Order on Terrorist Financing — Blocking Property and
Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism,
effective 9124/2001 and any subsequent changes made to it vie cross-referencing
respondents/vendors with the Federal General Services Administration's Excluded Parties List
System (EPLS, httpsJ/www.sem.gov), which Is inclusive of the United States Treasury's Office of
Foreign Assets Control (OFAC), Specialty Designated National (SDN) list. Respondent cerdfies
that the responding entity and its principals are eligible to participate in this transaction and have
not been subjected to suspension, debarment, or similar Ineligibility determined by any federal,
state or local.govemmental entity and that Respondent is In compllance with the State of Texas
statutes and rules relating to procurement and that Respondent Is not listed on the federal
government's terrorism watch list as described In Execvtive.Order 13224. Entitles ineligible for
federal procurement are listed at https:/Avuvw.sam.gov.
The undersigned affirms the non -debarment statement above, that they are duly authorized
execute this contract.
The company representative below further affirms, that the company submitting this proposal,
under the provisions of Subtitle F, Title 10, Government Code Chapter 2270:
1. Does not boycott Israel currently; and
2. Will not boycott Israel during the term of the contract.
Pursuant to Section 2270.001, Taxes Government Code:
1. 'Boycott Israel" means refusing to deal with, terminating business activities with, or
otherwise taking any action that Is intended to penalize, inflict economic harts on, or
limit commercial relations specifically with Israel, or with a person or entity doing
business in Israel or in an Israel -controlled territory, but does not include an action
made or ordinary business purposes; and
2. 'Company' means a for-profit sole proprietorship, organization, association,
corporation, partnership, joint venture, limited partnership, limited liability partnership,
or any limited liability company, Including a wholly awned subsidiary, majority-owned
subsidiary, parent company or affiliate of those entities or business associations that
exist to make a profit.
Company Name: Myr4l•1VC,
Authorized Company Representative: RVW `(tMA-S,#Z NP f ,000E DEMI, d MIZZ7 1
Address: ZZ11 .N• f -UST ST.
f AW TME C A, rlMl
Signature: ��—
Date, X% t 19 ;e16
Contract
VO1. %S -p9 / --
Service. Level Agreement (SLA)
for Brazos County
by
Sturgis Web Services
Date: 06/26/2018
Document Owner: I Sturgis Web Services
PA6.214.1476
{ 164 S?RNG:-MAN AVE. SURE 101
WP.r Mal. SC 29108
Approval
(By signing below, all Approvers agree to all terms and conditions outlined in this Agreement.)
Approvers I Role ISigned Apprpval Date
Sturgis Web Service Proeider
Services
Brazos County I Brazos Countv t» 1916 �1 Q
0
R
va. 75 pg. �O
Table of Contents
1. Agreement Overview ...........................................
.................................................................. 3
2, Goals & Objectives .................................................................................................................
3
3. Stakeholders ............................................................................................................................
4
4. Periodic Review .......................................................................................
.............................. 5
5. Service Agreement ..................................................................................................................
5
5.1. Service Scope ..................................................................................................................
5
5.2. Brazos County Requirements .........................................................................................
6
5.3. Service Provider Requirements .......................................................................................
6
5.4. Service Assumptions .......................................................................................................
6
6. Service Management ................................................................................................................
7
6.1. Service Availability ........................................................................................................
7
6.2. Service Reouests .............................................................................................................
7
Pg.
1. Agreement Overview
This Agreement represents a Service Level Agreement ("SLA" or "Agreement")
between Sturgis Web Services and Brazos County for the provisioning of IT services
required to support and sustain the Product or service.
This Agreement remains valid until superseded by a.revised agreement mutually
endorsed by the stakeholders.
This Agreement outlines the parameters of all IT services covered as they are mutually
understood by the primary stakeholders. This Agreement does not supersede current
processes and procedures unless explicitly stated herein.
2. Goals & Objectives
The purpose of this Agreement is to ensure that the proper elements and
commitments are in place to provide consistent IT service support and delivery to the
Brazos County by the Service Provider.
The goal of this Agreement is to obtain mutual agreement for IT service provision
between the Service Provider and Brazos County.
The objectives of this Agreement are to:
Provide clear reference to service ownership, accountability, roles and/or
responsibilities.
Present a clear, concise and measurable description of service provision to
the Brazos County.
Match perceptions of expected service provision with actual service support &
delivery,
Fv01- 75� pg.
3. Stakeholders
The following Service Provider(s) and Brazos County(s) will be used as the basis of
the Agreement and represent the primary stakeholders associated with this SLA:
IT Service Provider(s): Sturgis Web Services. ("Provider")
IT Brazos County(s): Brazos County ('Brazos County")
Vol. 9. 7/
4. Periodic Review
This Agreement is valid from the Effective Date outlined herein and is valid until
further notice. This Agreement should be reviewed at a minimum once per fiscal year;
however, in lieu of a review during any period specified, the current Agreement will
remain in effect.
The Business. Relationship Manager ("Document Owner") is responsible for
facilitating regular reviews of this document. Contents of this document may be
amended as required, provided mutual agreement is obtained in writing with approved
signatures from the primary stakeholders and communicated to all affected parties,
The Document Owner will incorporate all subsequent revisions and obtain mutual
agreements / approvals as required.
Business Relationship Manager: Sturgis Web Services
Review Period: Bi -Yearly (6 months)
Previous Review Date: N/A
Next Review Date: 12-26-2018
5, Service Agreement
The following detailed service parameters are the responsibility of the Service
Provider in the ongoing support of this Agreement.
5.1. Service Scope
The following Services are covered by this Agreement;
• Manned telephone support
• Monitored email support
e Remote assistance using Remote Desktop and a Virtual Private Network
where available
Planned or Emergency Onsite assistance (extra costs apply)
y�- P9.
• Monthly system health check
5.2. Brazos County Requirements
Brazos County responsibilities and/or requirements in support of this Agreement
include:
• Payment for all support costs at the agreed interval.
• Reasonable availability of Brazos County representative(s) when resolving
a service related incident or request.
5.2. Service Provider Requirements
Service Provider responsibilities and/or requirements in support of this
Agreement include:
• Meeting response times associated with service related incidents.
• Appropriate notification to Brazos County for all scheduled maintenance.
5.3. Service Assumptions
Assumptions related to in -scope services and/or components include:
• Changes to services will be communicated and documented to all
stakeholders.
l;
Voi. 75� Pg. 7�
6. Service Management
Effective support of in -scope. services Is a result of maintaining consistent service
levels. The following sections provide relevant details on service availability,
monitoring of in -scope services and related components.
6.1. Service Availability
Coverage parameters specific to the service(s) covered in this Agreement are as
follows:
Telephone support: 9:00 A.M. to 7:00 P.M. EST Monday Friday
• Calls received out of office hours will be forwarded to.a mobile
phone and best efforts will be made to answer / action the call,
however there will be a backup answer phone service
• PayPal Customer Service 1 (888) 221-1161 is available 24/7/365 to
help with payment issues.
• Email support: 24/7/365
Emails received outside of office hours will be collected, however
no. action can be guaranteed until the next working day
Onsite assistance guaranteed within 72 hours during the business week
6.2. Service Requests
;I
i
In support of services outlined in this Agreement, the Service Provider will respond
to service related incidents and/or requests submitted by the Brazos County within
the following time frames:
• 0-8 hours (during business hours) for issues classified as High priority.
vol. 75� pg �/-
--�_
• Within 48 hours for issues classified as Medium priority.
• Within 5 working days for issues classified as Low priority.
Remote assistance will be provided in-line with the above timescales dependent
on the priority of the support request.
FVol. �,S
Confidential Information.
(a) Definition. For purposes of this Agreement, "Confidential Information" of each party means
information of such party relating to its business which derives economic value, actual or potential, from not
being generally known to other persons, funis or entities, including, without limitation, (i) as to Client,all such
information disclosed or provided to Provider pursuant to this Agreement which was required for Provider to
provide its services under this Agreement, and (ii) as to Provider, all contacts, methods, processes, procedures,
systems; algorithms, designs, structures and techniques developed, used for, or related to, the Consulting
Services or Additional Services.
(b) Non -Disclosure of Confidential Information. Each party agrees to use the Confidential Information of
the other party only to the extent contemplated by this Agreement, and for a period of -three (3) years after the
date hereof or if such information can also be considered a trade secret under applicable law then to the extent
restricted by such applicable laws, not to disclose the Confidential Information of the other party to any other
person, firm or entity, other than its authorized employees or agents who require the same to utilize such
Confidential Information as contemplated by this Agreement. Notwithstanding the above (7b), Provider
understands that Client (County) is subject to the Open Records Act.
Ownership of Licensed Work and Derivative Work.
(a) All software development for web site content, HTML, aspx server pages, and graphic files (minus code
behind files) shall become the joint property of the Client and Pro-*ider. Provider retains sole ownership of all
databases and code behind files. At the request of the Client all web site content, HTML, asps server pages, and
graphic files (minus code behind files) developed for the Client must be turned over to the Client within 15
working days. The Client agrees not to share or provide any work performed by the Provider on behalf of the
Client with any outside organization or business entity (outside of Client) without the express written consent of
the provider.
(b) Subject to Section 8(a) above, all right, title and interest in.and to any Derivative Works made by or on
behalf of Client, its subsidiaries, agents and sub -licensees, and all tights therein (ineluding•without limitation
rights in patents; copyrights, trade secrets and other intellectual property nights applicable thereto) are and shall
remain the exclusive property of Client.
(c) For purposes of this Agreement, Licensed Work shall mean the computer programs known as the [provider
software imbedded in work product for Client licensed to Client], including the associated source code and
other materials to the extent Provider owns or has authority to license the same.
(d) For purposes of this Agreement, "Derivative Work" shall mean a work which is based upon the Licensed
Work, such as a revision, enhancement; modification, translation, abridgement, condensation, expansion or any
other form in which such Licensed Work may be recast, transformed or.adapted, and which, if prepared without
authorization of the owner of the copyright in such Licensed Work, would constitute a copyright infringement.
9. Use of Client Materials and Provider Materials. 1n order to provide the services under this Agreement; the'
Client may provide to Provider copies of certain documents, business. plans, financial information, manuals,,
programs and other materials belonging to the Client or the Clients,. Client (the "Client Materials'). Provider
acknowledges'the Ciierifs ownership of the Client Materials, regardless of the media on which the Client
Materials are provided. To the extent that the Consulting Services provided by Provider to the Client hereunder
contain any materials or information of Provider (collectively the "Provider Materials'7, including, without
limitation, any Confidential Information of Provider; any computer programs, or business models, algorithms,,,
processes, Provider grants Client a non-exdlusiye, worldwide right and license to use the same upon payment in
fult •of the Fee; provided, however, that such use will be subject to the provisions of Section 7 above, and
provided, further, that no right is granted to disassemble or reverse engineer, any computer prooarains,
� v0+. Pg. %._ I
algorithms or business models, or to otherwise use the Provider Materiels for any purpose other than for what it
was. originally intended within the scope of the Consulting Services, without the express written permission of
Provider.
10, Remedies. In the event of any alleged default by Provider, the entire liability of Provider, and the
Client's exclusive remedy, shall be, at the option of Provider, either completion of the Consulting Services
within the scope set forth in Exhibit A, or refund of any prorated amounts owed/paid under this Agreement.
Except as set forth on Exhibit A. Provider does not warranty or guaranty that the Consulting Services will result
in a work product that will achieve the intended results of Client and hereby expressly disclaims any express or
implied warranties relating thereto.
11. Limitations. Notwithstanding any other provision of this Agreement, in no event shall the liability of
Provider in connection with this Agreement; or any advice or assistance provided under this Agreement,
whether in contract, tort, or under any other legal theory, exceed'the Fee received by Provider under this
Agreement In no event shall Providet be liable for lost profits or revenues, or for any special, incidental,
consequential or similar damages.
12. Miscellaneous.
(a) Assignment. This Agreement may not be assigned or transferred in any manner by either party without
the prior writtenconsent of the other party, which consentshall not be mueasonably withheld. Any attempt by
either party to transfer any of its.rights, or delegate any of.its duties or obligations under this Agreement without
the prior written consent of the other party shall be void.
(b) Remedies: Except as otherwise provided in this Agreement, any rights or remedies granted herein to
either party shall be in addition. to and not in lieu of any other right or remedy of such party at law or in equity.
(c) Waiver.. No failure on the part of either party to exercise, and no delay by either party in exercising any
right; power or -.remedy will operate as a waiver, nor shall a single or partial exercise of either party of any right,
power or remedy preclude any further exercise or the exercise of any other right, power or remedy. No express
waiver or assent by either partyto any breach of or default in any term or condition of this Agreement shall
constitute a, waiver of or assent to any other hreach of or default in the same or any other term or condition of
Us Agreement.
(d) Force Majeure. Should the performance otitis Agreement by either party be prevented by fire, flood,
storm, strike; acts of God, unavoidable casualty, governmental order or state of war, or by any similar cause
beyond the control of such party, such party''s performance to the extent it is so prevented or delayed shall be
exeused; provided notice of its inability to perform is given to the other party within a reasonable period of
time;
(e) GoveniingLaw: The validity and effect of this Agreement shall be governed by and.construed.and
enforoed in accordance with the laws ofthe State of Texas.
(1) Independent Contractor. The services to be rendered by Provider:hereunder will be rendered by it as an
independent contractor and not as an employee. Neither Provider nor any person,; firm or entity, assigned by
Provider to: any.particular task hereunder shall be deemed to be employed by the Client far purposes of any
Federal or state withholding taxes, and the Client $hall not be responsible or required to withhold or pay any of
such taxes for or on behalf of Provider or its employees.
(g) No Solicitation of Employees. Client shall not, directly or indirectly, hire or solicit for employment any
emplgyee.or contractor of Provider for a period of two (2) years from the date hereof unless Client fust obtains
the written permission of Provider, or unless such employee was terminated by Provider prior to any such
i
vol. 2 7,5 p9, g
solicitation. Provider shall not, directly or indirectly, hire or solicit for employment any employee of Client for
a period of two (2) years from the date hereof unless Provider first obtains the written permission of Client, or
unless Client terminated such employee prior to any such solicitation.
(h) No Solicitation of Customers, Client shall not, directly or indirectly, solicit for any purpose relating to
any direct customer of Provider for a period of three (3) years from the date of introduction to or the end of a
contractor assignment with that customer unless you obtain the written permission of Provider. Provider shall.
not, directly or indirectly, solicit for any purpose any direct customer of Client with regard to providing the
same services or products of Client for a period of three (3) years from the date of introduction to or the end of a
contract or assignment with that customer unless you obtain the written permission of Client.
(i)Partial Invalidity. All rights and restrictions contained in this Agreement maybe exercised and shall be
applicable and binding only to the extent that they do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable, If
any term of this Agreement is held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it
is the intention of the parties that the remaining terms constitute their agreement with respect to the subject
matter hereof, and all such remaining terms will remain in full force and effect. The provisions of this
Agreement are severable, and the invalidity of one or more of the provisions of this Agreement will not have
any effect upon the validity or enforceability of any other provision.
0) Notices. Any notice pursuant to this Agreement shall be sufficiently given if delivered in person, if
mailed by registered or certified mail, postage prepaid, or delivered by an overnight courier service, to the
parties at the addresses specified below the signature of each party below, or if transmitted by telecopy to the
telecopy number specified below and confirmed by the recipient by telecopy. Any party may change the
address or telecopy number to which notices are to be sent by giving notice to the other party at the address and
in the manner provided herein. Notices sent by mail shall be deemeddelivered five days after deposit and
notices transmitted by confirmed telecopy shall be deemed delivered on the date of transmittal and if by
overnight service on the day of delivery; provided, however, that any notice of termination pursuant fo Section
5(b) will be effective only upon receipt.
(k)Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties and their
permitted successors and assigns.
(1) Headings. Headings as to the contents of particular sections are inserted. only for convenience and are
not considered a part of this Agreement or as a limitation on the scope of any of the terms or provisions of This
Agreement.
(m) Entire Agreement, This Agreement supersedes all prior discussions; understandings, literature and
agreements between the parties with respect to the matters contained herein, and contains the sole and entire
agreement between the parties with respect to the transactions contemplated herein. This Agreement may not
be amended or modified except by another agreement in writing executed by the patties.
Voi. 02 %S pg. ��
IN WITNESS WHEREOF, the parties have each caused this Agreement to be executed by their duly authorized
officers as of the day and year first above written.
Provider: Sturgis Web Services Client: Countv of Brazos
1184 Springmaid Avenue 300 E 261h Street
Suite 101 Bryan, TX, 77803
Fort M''11, SC 29 08
By: W ' By:
Name: William Sturgis Na`m : -& _ � P6
Title: President Title:
Date: 6/13/2018 Date: 0Y ;��a
E)W]BIT A
(Scope of Work)
Attached Proposal submitted in response to RFP # 18-041
EXHIBIT B
Attached RFP # 18-041 Merchant Services
FV 0, -
P4. - �- L i
STURGIS
Powered by PaY%i
Become a modern, efficient agency, today.
Sturgis offers a uniquely designed customized website, information management, reporting, and payments
solution for local governments. Sturgis with PayPal helps local government agencies use technology to
modernize their internal offices and providecitizens. with a convenient and secure payment experience.
self-service
Information Access
Constituents get anytime online and
mobile access to their information -
bills, receipts, and other records.
Website,The Way
You LW§ 1t
An affordable, custom-designed, all -
in -one website solution Integrates
information management, reporting,
and payments Into a professional,
user fdendlyexperience.
Anytime, Anywhere
Payments
Constituents can conveniently make
secure mobile, web, and in -office
payments using a choice of
payment methods.
Technology -Driven
Modern Office
Backed by expert locale gevemment-
setaorconsulting, Sturgis and PayPal
will help you use online and mobile
technologyto give your citizens a secure,
convenelent paymentexperience,
www.stu rgiswebservices.com
intelligent Reporting
Made Easy
Our system of reporting and payment
reconciliation through our client
portal help you create an efficient and
productive office.
Powered By PayPal
PayPal is the most popular way to get
paid online. PayPal offers competitive
flat -rate pricing with no hidden fees.
Automatic fraud screening helps
keep your constituents' financial
information safe. '
vol. Pg. o1J?
Scope of Work" Exhibit A
Brazos County, Texas
Tax Assessor Collector Web Site v Mobile Optimized
June 13, 2018
Client Issue
Brazos County Tax Assessor Collectors Office seeks to utilize an Intemet website as a 24 hour/
7 day online solution for Tax Office information, tax record data including the tax bill and tax
receipt, and the ability to Search and Pay taxes that will interface with their existing tax software.
Brazos County Tax Assessor Collectors Office seeks to offer their county citizens the
convenience of using their mobile devices (smartphones & tablets) and desktops to access tax
record information and data combined with the ability to make online payments.
Goals & Deliverables
Constituents get anytime online and mobile access to their tax information therefore significantly
reducing the number of phone / fax inquiries and walk in traffic into the Tax Office. The Tax
Office has the ability to audit the data available on the website at any time.
Constituents can conveniently make secure mobile, web, and in -office payments using a choice
of payment methods — credit cards, ACH, PayPal, and Bill Me LaterT"', a PayPal service.
Comprehensive automated reporting and payment reconciliation through our client portal help
you spend less time managing information and reconciling data, and
more time generating and acting on valuable insights. The MySturgis portal is available to be
accessed at any time.
Hosting, maintenance, and support of tax site including updates to and from county / True
Automation tax software.
Online Tax site desktop example can be found at https://taxes.mycomalcounty.net while mobile
example can be found at www.spaidin-geountvtax.com. Selected screenshots of mobile version
are provided below.
Proposal Is valid until July 1, 2018
Vol. 0275 . p9,
Figure 1: Mobile Search
Figure 2: Moble Search Results
Figure 3: Mobile Record Details
Backed by expert local government -sector consulting, Sturgis and PayPal will help you use
online and mobile technology to give your citizens a secure, convenient payment experience. A
single highly reliable platform makes for a more modem, efficient Tax Office.
An affordable, custom-designed, all -in -one website solution integrates information management,
reporting, and payments into a professional, user-friendly experience that both constituents and
tax office employees will find intuitive and easy to use.
PayPal is the most popular way to get paid online via credit cards, PayPal Express Checkout,
ACH, and Bill Me Later, a PayPal service. PayPal offers competitive pricing ($.30 cents fixed
plus 2.5% variable credit card and $1.50 cent a check) with no hidden fees.
Plan & Timel°ane
The website implementation will be completed in 10-12 weeks from receipt of valid data file from
True Automation.
Week 1
• Sturgis is provided access to Brazos server
• Sturgis runs test dataset
• Sturgis begins client set up on our systems
• Brazos begins work with Susan on website graphics
Week 2
e Sturgis enters Brazos into PayPal new customer portal
e Sturgis begins work on data import logic
• Brazos will need to work with PayPal as soon as they are contact by PayPal to meet
deadlines
Proposal Is valid until July 1, 2018
FVC4.-��t �5�
-J,7___ O
Y Brazos provides Sturgis with copies of all bill and receipt templates
Week 3
Data Import logic work continues
Week 4
• Sturgis completes data import logic
• Sturgis provides Brazos with a test site where they can begin reviewing preliminary data
import
Week 5
PayPal account completed and set up in Sturgis systems
Week 6
Sturgis runs a full data import
Week 7
Sturgis completes website design and provides Brazos with a test Cloudfront URL for
the website
o Bills and Receipts are laid out and are uploaded on test site
The implementation start date begins after receipt of signed Consulting Agreement.
Client will provide suggested images/pictures to be utilized on new web site.
Client will review test content, data, and functionality via a Sturgis provided test website.
PayPal representative will contact County Tax Office for setup of PayPal account.
Responsibilities
County -
Provide picture Qpg. file) of Brazos County Tax Assessor Collectors Officeif desired for Home
Page of web site _
Assist if needed in setting up interface between Sturgis and True Automation software
Provide copies of county tax bills and tax receipts
Add/change link on county web site directing citizens to new Brazos County Tax Assessor
Collectors Office web site
Add link to county tax bills
Sturgis Web Services -
Design, Implement, and launch new Brazos County Tax Assessor Collectors Office web site
Proposal Is valid until July 1, 2018
Host, maintain, and support new Brazos County Tax Assessor Collectors Office.web site
Provide unique URL address for county to implement as link on county site and text on tax bill
Implement PayPal account setup In conjunction with PayPal coordination with county
Sturgis Web Services in coordination with PayPal will assume the financial responsibility for any
$20.00 chargebackfee's that occur.
Training
Training will be provided remotely by Lori Nielsen Sturgis Web Services Customer
Service prior to implementation of service to include ability for county to update text
pages and selected areas on the home page and for county (accounting) to view and
utilize payment reporting.
Pricing
Tax Assessor Collector Web Site Text Pages & Search, View, and Pay $ 3,000.00
Invoiced after signed Consulting Agreement
Web Site Maintenance, Support, Hosting (monthly) $ 495.00
APPROVED
Z'o� 18
dry Duane Peter Date
County Judge
Proposal Is valid until July t, 2018
IVol. � Pg.
t
CERTIFICATE OF INTERESTED PARTIES FORM 1295.
So(1
Complete Nos. l - 4 and 6 if there are interested Parties.
Complete Nos 1, 2.3. S. and 6 if there we no interested parties.
OFFICE USEONLY
CERTIFICATION OF FILING
Certificate Number
2018363323
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business-
sturgis Web Services
Fort MIN, SC United States
Date Filed:
06/04/2018
Date Acknowledged:
2 Name of governmental entity or state agency tat Is a party to the contract for which the form Is
being filed,
Brains County
3 Provide the identification number used by the governmental entity or state agency to track or Identity the contract. and prtrvide a
description of the services, goods, or other property to be provided under the contract.
18-041c
Merchant'services
Nature of (merest
4 Name of Interested Party
City, state, Country (place of business)
(chock.applicable)
Controlling
Intermediary
S Check only if there is NO Interested Parry. ❑K
6 UNSWORN DECLARATION !' and my date of bifth Is
My name is C>� �l ( 4 An-, 1 ��� (
AA5 1,
Myaddressls
( g f0y) (state) (zjprdde) (muntm
I declare under penalty of per)`u that the foregoing Be true and correct.
Ary
�' ( .�I _ 1 p
Executed in !fit` County, Slate ofL onthe {daycf .201L
TTTT (maetnf (vear7-
Signature of authorized agent or congacung business-entny ,
.�.__ _._._ ....._ Vordnn Vt n 5F93
Forms provided by Texas Ethics COrnmisSlbn
jVol. /7J/ Pg.
I —�
Bid n 18-133 Various Aggregates and Other Road Materials
Tabulation
June 30. 2018 throueh December 31. 2019
SIatB
ie.aa Star ieamoenf C evlEe
matMalx
V Wnf of N martens iertan
P^li PIrC M"IK
A
B
C O
C
B A
B
B A B
CB11
B A
B
C
0 q
B
C B A
B
0 •
B
C
B
LA
� x. na aren
t
a rv¢an.a,.w.mu.,. an x..me
T
Ir Ir
ip I
I-T 11 e.�n.an lit ^Y:
x``uL
a0D
A C
UA I 1C
A B
A
B
C
B C
0
Svhte ACi reCaln '
gra'^
..�,.P.,w..,m�
......•.... •..,
w._.......,w.maw.e
...••„mn,__.�...��
...a.••_._�rc..•_..•,.•..
..^...rcvo..� �.��
•_...
_tl.m.
;
swam
°:,•
”
�^
•�Int:n
.o.
me.".
`�h. Pn
�.«e��
/:e:
°.e
min :°e.".
°.aw
'.��.:
.,an
^]."
E.0 GItl
r
I
rI
IN
I
r.
• ••
yHtl
n
m , n.v e
Pug
.
.xry
u]l1
sleuvlew snvlM
sl V
a/I VX _
gal
_
_ uW
ul
Itl01 ul^v
slel••aAi.W aplrcvWf
_
Nodi nal
_
Pewmmneee Awara
pamary: Sunwbe MatMals::tems- A]. Cl. D L
.nancanmf-BI, BB, Is
arlln Mvietln:ltems-i
Pnile Piver:ltem, -C3. 13.1i, 11
_pGv�-:� W nn:lleru-0
- boat Pannc:lnmf-CI, D], b, 0. 10
Martin Maaesle::nms 5.6
iefmn:ltems-1]
Mnlly lever:Itam Pl, 93, B. 9. 11. 15. 16
taut MaleAn: hemsAd[], Y;1S
r "�f'jl Ba[onearynrllem: nw:lnCommiffloneif Court prianawvaln
l3 ll -1 hee
S6).VE)Ih)
rSeu:Wrywaf enwn af:
AertI
1.
Inm ID aue m nn eI
t
rvo sefo.mryawmaln.: lum.]e.maomelme
r
G
F Off•
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
June 13, 2018
Southwood West, A Texas General Partnership
14375 East Montgomery Rd email::jmcdowelll 105@gmail.com
Scottsdale, Arizona, 85262
Re: Renewal of contract #19-011R Lease for Precinct 1, Justice of the Peace
Brazos County appreciates the office space that your company has provided and would like to exercise
the renewal option for renewal of contract # 19-01111, Lease for Precinct 1, Justice of the Peace,
previously known as contract # 18-014R and 17-230.
All terms, conditions, and pricing shall remain the same. This renewal term will be for one year starting
October 1, 2018 through September 30, 2019.
To accept the renewal option, please fill out the information and sign below. Return the signed documents
by email to arutledge@brazoscountytx.gov. Please return acceptance as soon as possible. If you have
any questions, I may be reached at (979) 361-4269.
CuntactName: Jeffrey L McDowell Telephone: 623.262.0811
E-mail: realtormcdowell@gmail.com Fax: 480.342.8071
SOUTHWOOD WEST
_(l
Authorized Signature
BRAZO TY
Duane Pete/,xIeounty Judge
VOL
6/18/18
Date
W Z�
Date
i2
Brazos County
Purchasing Department
200 SOUTH TEXAS AVE, SUITE 352 BRYAN, TX 77803
PHONE (979) 361-4290 FAX (979) 361-4293
June 13, 2018
Southwood West, A Texas General Partnership
14375 East Montgomery Rd email :jmcdowellI 105@gmail.com
Scottsdale, Arizona, 85262
Re: Renewal of contract #19-01011 for Lease for Precinct 1, Constable
Brazos County appreciates the office space that your company has provided and would like to exercise
the renewal option for renewal of contract # 19-01011, Lease for Precinct 1, Constable, previously
known as contract # 18-013R and 17-229.
All terms, conditions, and pricing shall remain the same. This renewal term will be for one year starting
October 1, 2018 through September 30, 2019.
To accept the renewal option, please fill out the information and sign below. Return the signed documents
by email to arutledge@brazoscountytx.gov. Please return acceptance as soon as possible. If you have
any questions, I may be reached at (979) 361-4269.
Contact Name: Jeffrey L. McDowell
623.262.0811
E -Mail: realtormcdowell@tmall.com Fax: 480.342.8071
SOUTHWOOD WEST
Mi--- 6/18/1
Authorized Signature Date
7Z40SNTY U 2 I
')'t/✓ Duane Peters, ounty Judge Date
F
l. _ 7,3� Pct. cl ✓�
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Duane Peters, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as
provided for in the Revised Statutes of the State of Texas. (Texas Local Government
Code, 114.026) 1^ n
Witness my hand this ,.'day of 1 lK A.D. 2018
Karen McQueen
County Clerk, County of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this 004 -qday of
SLAYIL 2018.
Dua Peters, "unty Judge
Steve Aldrich, Commissioner Precinct #1
Sammy Catalena, Commissioner Precinct #2
Nancy Berry, Munissiper Precinct
Irma Cauley,
Treasurer's Report for the MONTH APRIL 2018
Vol=75 - .
pg. 9s I
APRIL 2018 TREASURER'S REPORT
This report is submitted as true and ronca to CommiwlAners Court u i/ ti� .Brazos County Treasurer, on �P a
CASH BALANCE
3/31/2018
INCOMING
INVESTEDTEXPOOL
INTEREST - April
SUB -TOTAL
DISBURSED
CASH BALANCE
4/30/2018
INVESTED
CK.ACCT.BAL
4/30/2018
0100 -GENERAL FUND
67,919931.69
3611,755.54
22605.55
71554,293.88
7324135.76
64230158.12
16,488192.50
47741965.62
0200- COUNTY HEALTH ENDOWMENT FUND
588,059.61
72,598.21
65007.62
660657,82
660,657.82
LIM- HOTEL OCCUPANCY TAX
250,069.19
259,597.06
2509661.25
1266973.97
1,29 687.28
-
1,292687.28
1200- STATE LATERAL ROAD
90993.93
66.17
93U60.10
30462.77
60597.33
-
60597.33
1300- UNCLAIMED FUNDS
_
212,374.35
_
755.74
213 130.09
213,13009
213 130.09
1500 - LAW LIBRARY
74 746.03
4,926.26
79,672m29
7 908.96
71763.33
71,763.33
1600 - LOCAL PROVIDER PARTICIPATION
2256 177.3]
5,385,091.61
7,&41,258.98
7 641258.98
7,691258.98
1700- ALTERNATIVE DISPUTE RESOLUTION
3200,11
3375.00
6575.11
3200.11
3375.00
-
3375.00
1800 - LEOSE FUND
53 045.69
S3,045.64
27.50
53 023.14
-
53 023.14
19DD- COUNTY RECORDS MANAGEMENT
355,408.47
8,657.86364076.33
15347.15
398729.18
-
348729.18
2000 - COUNTY CLERK MGMT.FUND
8211700.00
31695.30
852 396.30
16 799,74
835,596,56
835 596.56
2001- COUNTY CLERK ARCHIVAL RIND
1,933128.05
31540.19
3469668.24
-
1.464,658.24
-
146366B.24
2200- COURTHOUSE SECURITY FUND
213010.22
],853.13
220863.35
39646.91
183216.44
-
101216.94
2203- JUSTICE COURT SECURITY FUND
79,482.59
1226.30
-
80.708.84
-
867DB.84
-
30708.84
2300 - DISTRICT CLERK MANAGEMENT FUND
195 903.86
1981.19
197 385.05
70.45
19] 314.60
197,314.60
2301- DISTRICT ClE2K ARCHIVAL FUND
87710.07
1553.78
89.263.85
074.80
87189.05
87,189.05
2900-JUSTICE@PEACE -TECHNOLOGY FUND
-162.884.33
3990.96
166,825.29
314.30
366510.99
-
166510.99
2401-00.& DISI-MURTTECHNOLOGY FUND
67608.65
742.20
68,350.88
0,350.68
-
68350.8B
259D- SPECIAL FORFEITURE FUND
2312139
16.81
23138.20
23138.20
23138.20
2600 - DIA HOT CHECK COLLECT FEES
979.77
2.17
-
2,981.94
-
2,981.94
-
2.981.94
2700 - BAIL BOND BOARD FEES
93 131.56
1,067.72
94199.28
189.62
94 009.66
-
99 00.66
2800- VOTER REGISTRATION
9957.41
1,371.36
11331.77(959.98).1229L75
-
12,291.75
2900 - VIT INTEREST FUND
199 095.14
207.43
199 30257
1,670.97
197 631.60
197 631.60
3000 -COUNTY GRANTS
4944.65
169050.30
164105.65
165,054.65
959.00
959.00
3400 - D/A CRIME FUND
151419.46
429.86
151 84932
5,358.60
146 490.72
-
146,490.72
3500- PRIMARY ELECTION SERVICES
17410.42
12.66
-
17423.08
-
17,423.08
-
17423AB
3901- BC HOUSING FINANCE CORP
50365.86
36.62
50,402.48
-
50,40148
-
51140298
4315 - 2015 CERTIFICATES OF OBLIGATION
718 807.11
522.69
719 329.80
14,736.11
704 593.69
709,593.69
4317- 2017 CERi1CATE5 OF OBLIGATION
20213100.25
14,697.98
2022779823
90000
20227 98.23
-
20227398.23
4500- GENTERMANENT IMPV.
M268.367.0
222.538.58
19.490906.41
666,305.47
18.829600.94
1
1882460.94
5000 - HEALTH & LIFE INSURANCE
6,69421839
1251361.68
_
7945580.22 m
3246581.27
6,698998.95
-
6698998.95
600D - PAYROLL
1,328,3 . 73.00
2,725,522.64
4053 895.64
3,066,156.46
98] 709.18
997 709.18
9100- HEALTH DEPARTMENT
1,131,727.60
141,984.68
-
1273712.28
2032163
1066389.65
1066389.65
9700- COMMUNITY SUPERVISION
1,127,978.67
173,768.40
1,301,747.07
269.404.55
1,012,342.52
1,012,342.52
TTLOF ACCTS.IN POOL.
127,889,538.30
14,129,452.28
22,606,65
142,041,597.23
14,369,217.77
127,672,379.46
16,488,192.50
111,184,186.96
4100- GEN.OSLIGMEST SVC
12,920688.17
1199312.46
-
14,120000.63
-
14120000.63
-
19120000.63
TOTAL
140,610,226.47
15,328,764.7
22,606.65
356,161,597.86
14,369,217.77
141,]92,380.09
16,488,19250
125,304,187.59
This report is submitted as true and ronca to CommiwlAners Court u i/ ti� .Brazos County Treasurer, on �P a
SUNGARD PENTA14ATION
PAGE NUMBER:
DATE: 06/21/2018
BRAZOS COUNTY, T%
BJOURN11
TIME: 13:17:08
BATCH
JOURNAL ENTRY EDIT LIST
CONTROL NUMBER
J E NUMBER DESCRIPTION
PERIOD/YR STATUS
RECORD FUND
DIV/FUND
ACCOUNT
PROJECT
ACCOUNT ITEM DESCRIPTION
DEBIT AMOUNT
CREDIT AMOUNT
06/21.18
060052 TRVL
REIMS - J
BERGE 9/18
COMPLETE
348226 0100
24101100
61901000
SAN MARCOS 6.4-6.18
332.00
348227 0100
0100
20429000
SAN MARCOS 6.4-6.18
332.00
TOTAL
JOURNAL ENTRY
332.00
332.00
06/21.18
050053 TRVL
REIMS - K
NACHL 9/18
COMPLETE
348228 0100
16500100
61801000
GALVESTON 6.6-8.18
46.00
348229 0100
0100
20123690
GALVESTON 6.6-8.18
46.00
TOTAL
JOURNAL ENTRY
46.00
46.00
06/21.18
060054 BA#13.4
DONATED
CUPS 9/18
COMPLETE
348230 5000
64005100
60010000
BA#13.4 DONATED CUPS
101.88
348231 5000
5000
46023000
SA#13.4 DONATED CUPS
101.88
TOTAL
JOURNAL ENTRY
101.88
101.88
06/21.18
060055 TSF 4500>4315 BA #36 9/18
COMPLETE
348232 4500
4500
91120100
TSF 4500>4315 BA #36
22,562.85
348233 4500
4500
11005200
TSF 4500>4315 BA #36
22,562.85
348234 4315
4315
11005200
TSF 4500>4315 BA #36
22,562.85
348235 4315
4315
49015000
TSF 4500>4315 SA #36
22,562.85
TOTAL
JOURNAL ENTRY
45,125.70
45,125.70
06/21.18
060056 JUV>HD
FOODHANDLERS 9/18
COMPLETE
348236 9100
9100
11005200
3UV>HD FOODHANDLRS-I
40.00
348237 9100
9100
37090000
- JUV>HD FOODHANDLRS-I
40.00
348238 0100
31000200
61110000
LDETN180
61110000 JUV>HD FOODHANDLRS-I
40.00
348239 0100
0100
11005200
JUV>HD FOODHANDLRS-I
40.00
TOTAL
JOURNAL ENTRY
80.00
80.00
TOTAL
CONTROL NUMBER
45,685.58
45,685.58
TOTAL
REPORT
45,685.58
45,685.58
1
Ml
n
BRAZOS COUNTY, TEXAS
BUDGET ANIENDMENT(S) FOR THE 2017-2018 BUDGET YEAR
NO. 17/18 38.1-38.8
On this the 26th day of June 2018 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Duane Peters, County Judge, Presiding
B. Steve Aldrich, Commissioner, Precinct 1
C. Sammy Catalena, Commissioner, Precinct 2
D. Nancy Berry, Commissioner, Precinct 3
E. Irma Cauley, Commissioner, Precinct 4
F. Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 26th day of June 2018 the Court heard and approved a budget amendment for
the 2016-2017 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 5 September 2017, the following
amendmem(s) to the original budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 26th day of June 2018.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
e eters ounty Judge
Original: County Clerk's Office and
Attached to the original budget
Vol.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 17118 - 38.1
FUNDDEPARTMENT
DIVISION CATEGORY DESCRIPTION Increase Decrease
Grant Fwd Nformation Technoto
1. T. Services Contractual Services 3.476.71
Grant Fund Irfortna[ion Technole
1. T. Services Repairs & Maint. 3.47631
FUND
DIV
ACCT
DR/CR
ACCOU TNAME
Increase Decrease
0100
14000200
71020000
CR
Com uter Contracts
3 J76.71
0100
14000200
i
DR
Surveillance & Sec. Mainz
Information Technolo,v
0100
R.Eocation of funds to the correct account to purchase surveillance cameras, panduit & Sure protectom destroyed by the lightening stows.
vol. �S Rrp.
FUND
DIV
ACCT
DR/CR
ACCOU TNAME
Increase Decrease
0100
14000200
71020000
CR
Com uter Contracts
3 J76.71
0100
14000200
65055000 1
DR
Surveillance & Sec. Mainz
1493.76
0100
14000200
65440000
DR
Network Maim.
1,982.95
vol. �S Rrp.
BRAZOS COUNTY, TEXAS
BUDGETAMENDMENTS
No. 17/18-38.2
.mamma
FUND DEPARTMENT
DIVISIONCATEGORY DESCRIPTION Increase Decrease
Grant Fund Information Technology
L T. Services Contractual Services 3,665.84
Grant Fwd Information Technology
Repain & Maim 3,665.84
FUND
DIV
ACCT
DRICR
ACCOUNTNAME
Increase Decrease
0100
14000100
71020000
CR
I
3 665.84
0100
/4000100 1
65055000
DR
Surveillance & Sec. Maint
3,665.8
Information Technolo v
[c.H.6.nf funds to the correct account to purchase surveillance camems desuo ed by the li htenin^ swims.
un Ju e, o I +:=.,�,y7' _�'-,.x_}Date r x •T:?%1
bbl, 75� pg. �� b
FUND
DIV
ACCT
DRICR
ACCOUNTNAME
Increase Decrease
0100
14000100
71020000
CR
Computer Contracts
3 665.84
0100
/4000100 1
65055000
DR
Surveillance & Sec. Maint
3,665.8
I
bbl, 75� pg. �� b
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 17/18 - 38.3
612612018
FUND
DEPARTMENT
DIVISION CATEGORY DESCRIPTION I
Increase Decrease
Grant Fund
Human Resources
Professional Services
3,473.93
Grant Fund
Human Resources
De arm ental Support
326.62
Grant Fund
Human Resources
Minor Acquisitions
314931
15000100
72590000
CR
Professional Fees - Other
3475.93
0100
15000100
60211000
DR
Software - No Tag
326.62
0100
15000100
67281000
DR
Equipment - Eleeniic,
2,142.84
0100
15000100
67203000
DR
Minor Computer hardware
1006.47
Human Resources
Reallocation of funds to the correct account to purchase a tv, soPovare and svaporting equipment for the Orientation Room.
..-..., r«+'v,. '*lf '^i?i- res ♦cS' a t
Fui AecountYnolPu sesON �. 4.";1sn._9. r:-i`NiT,t.af:....a,..,.ice.'.-.%.:......�..�;s't..e,.
a r 5'" k Z'e
7: _ t.�n�..�. ;r.*: .'da.:N�l%�.ii_...,
er, c \. -. .
`.�?fifiF�3 %c#.:'c�..: �.�%
FUND
DIV
ACCT
DRICR
ACCOUNTNAME
Increase Decrease
0100
15000100
72590000
CR
Professional Fees - Other
3475.93
0100
15000100
60211000
DR
Software - No Tag
326.62
0100
15000100
67281000
DR
Equipment - Eleeniic,
2,142.84
0100
15000100
67203000
DR
Minor Computer hardware
1006.47
Flo
l. %J`,/ rg.
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 17118-38.4
FUND
DEPARTMENT
DIVISION CATEGORY DESCRIPTION Increase Decrease
General
Permanent
hmpmyemen[
Fund
Courthouse Renovation
Capital Outlay 637.50
General
Permanent
Improvement
Fund
Other Financing Uses 637.50
2015 Cens of
Obligation
Other Financing Uses 1 687.50
2015 Certs of
Obligation
Courthouse Ira mvemcncs
Ca iml Outlay 637.50
ACCT I
DR/CR
ACCOUNT NAME
Increase
Decrease
4500 1
63000700
80101003
CR
Bldg. Renov- Courthouse
68750
4500 1
91120100
DR
Tmnsfer to Co Issue 2015
637.50
4315
I
49015000
CR
Transfer from Capiral Ira r. Fund
General Permanent Improvement Fund and 2015 Certs of Ohtiggatlon Fund
Reallocation of funds to the correct."aunt for additional funding re uimd for Phase V - Counhousc Renovation Project.
r a }� v ua,.}a."a �_ x� �+:2i ...twtc4,.�'•,,s.5-�rs _k�"���
IDepartineittrFij3Provalh`:��""�M,_�r,✓"_= Datek+~�. '�5
�U 6---n, - Gd9
FaiAnv'f`oir5itmrYu�"wee
FUND I
DIV
ACCT I
DR/CR
ACCOUNT NAME
Increase
Decrease
4500 1
63000700
80101003
CR
Bldg. Renov- Courthouse
68750
4500 1
91120100
DR
Tmnsfer to Co Issue 2015
637.50
4315
49015000
CR
Transfer from Capiral Ira r. Fund
687.50
4315
63000720
80101003
DR
Bldg. Renov - Cowbouse
687.50
/U7-
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 17118 - 38.5
cncnn�o
FUND DEPARTMENT DIVISION
CATEGORY DESCRIPTION I Increase Decrease
General Fund Commissioners'Coun Non -De anrncntal
Minor Acquisitions 1.179.90
General Fund Juvenile Administm0on
Departmental Support 1,179.9
FUND I
DIV
ACCT
DR1CR
ACCOUNTNAME
Increase Decrease
0100 1
1/000500
67203000
CR
NlInor Computer Hardware
I
0100
31000100
60500000
DR
Commissioners Court and Juvenfle Administration
1,179w9
Reallocation of funds to the correct account for the Pe erlcss Courtroom Project which will allow electronic si nawms and 5ngerpnntirg.
—�/•�— etas
214'- Ar�Vs a�'tV i.
'1+./ rCo ud eAp royal Ns
Vol. Pg. �� j
FUND I
DIV
ACCT
DR1CR
ACCOUNTNAME
Increase Decrease
0100 1
1/000500
67203000
CR
NlInor Computer Hardware
1179.90
0100
31000100
60500000
DR
E ui men.&IT Enhancement
1,179w9
Vol. Pg. �� j
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 17118-38.6
enanma
FUND
DEPARTMENT
DIVISION CATEGORY DESCRIPTION Increase Decrease
General Fund
Constable Pct. #3
Departmental Support 300.00
General Fund
Constable Pct. H3
Repair; and Maint 1 300.00
0100 30301100
61280000
CR
Dues
300.00
0100 30301100
65320000
DR
Equipment Maint. 300.00
Constable Pet. #3
Reallocation of funds to the correct account to replace the Iocldne system on a safe that was received Eam surplus.
API
F.oneCccoun'tinJ P'uv: "9 O@3ugt&t1cr, ;:. A elf.,y,+
.K'
I
W;
FUND DIV
ACCT
I DR/CR
ACCOUNT NAME Increase
Decrease
0100 30301100
61280000
CR
Dues
300.00
0100 30301100
65320000
DR
Equipment Maint. 300.00
Vol. pg . /�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 17118 - 38.7
-FUND
DEPARTMENT
DIVISION CATEGORY DESCRIPTION Increase Docrease
General Fund
Ccun Anome
De amnental Support 175.00
General Fund
County Aon.
Contractual Services 175.00
DIV
ACCT
DR1CR ACCOUNTNAME Increase Decrease
0100
18000100
60400000
CR InvestfoaNan Supplies 175.00
0100
18C00100
71025000
DR Contract Services 175.00
Counry Attorney
Reallocation of funds m the correct account to support
the cost of contract services for the remainder of FY 1 S.
ForAceiaunnn
FUND
DIV
ACCT
DR1CR ACCOUNTNAME Increase Decrease
0100
18000100
60400000
CR InvestfoaNan Supplies 175.00
0100
18C00100
71025000
DR Contract Services 175.00
FVOL„_,02 %.5 pg. _�UJ�
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 17118 - 38.8
6126/2018
FUND DEPARTMENT
DIVISION
CATEGORY DESCRIPTION
Increase
Decrease
Geneml Fund County Court at Law#I
Administration
Departmental Su art
57.00
FUND
DIV
General Fund County Court a: Low �l
Judicial Support
De artmenml Suvcort
Increase
1.991.00
General Fund Comm Counat Law Rl
Judicial Support
Salary&Woes
1.918.00
Conference & Seminar Fees
General Fund County Court at Jaw 01
Judicial Su art
Benefits
130.00
0100
23000200
611/0000
CR
lConference & Seminar Fees
400.00
0100
23000200 1
61620000
CR
Suhseri dons & Pubs
109.00
0100
23000200
61801000
CR
Travel
400.00
0100
23000200
61931000
CR
Visiting Judges
1,082.00
0100
23000200
51641000
County Court at Lav #1
Visiting Jud us
1.918.00
0100
Reallocation of funds to theconect account to support
the cost ofa vis'itins'ud e.
DR
Social Security
6d9e
Vii: tag. / D lv
FUND
DIV
ACCT
DRJCR
I ACCOUNT NAME
Increase
Decrease
0100
23000100
61490000
CR
Conference & Seminar Fees
57.00
0100
23000200
611/0000
CR
lConference & Seminar Fees
400.00
0100
23000200 1
61620000
CR
Suhseri dons & Pubs
109.00
0100
23000200
61801000
CR
Travel
400.00
0100
23000200
61931000
CR
Visiting Judges
1,082.00
0100
23000200
51641000
DR
Visiting Jud us
1.918.00
0100
23000200
53100000
DR
Social Security
130.00
Vii: tag. / D lv
PERSONNEL IV
CHANGE OF STATUS REQUESTS
Commissioner Court Date: June 26, 2018
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
Brazos Center Ocon, John Employment
District Attorney
Johse, Michael
Change of Status
District Attorney — Crimes Against Women
Thomas, Angela
Separation
Juvenile Services — Administration
Ricketson, Linda
Change of Status
Sheriff's Office — Detention
Buchanan, Devin C.
Cornejo, Dianna A.
Jackson, Adrian J.
Separation
Employment
Separation
Approved in Commissioners' Cou
County Judge's or Commissioner's Signature•
(This Copy to be attached to minutes)
1
Pg.-����