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HomeMy WebLinkAbout2006-03-14-9:00AM-REGULARBRAZOSCOUNTY BRYAN, TEXAS NOTICE OF MEETING AND AGENDA t' ~ n f'1 Li: ~ I.., ,I 7 -tl, TEXA5 Y: J - GEP! ry BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 14 MARCH 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Mallard. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 -17: 3. Budget Amendment 05/06-23.1. 4. Personnel Change of Status. 5. Payment of Claims. 6. Bank Depository Contract with Citibank Texas, N.A. for all accounts and funds held in the Registry of the Brazos County District Clerk for the Courts of Brazos County. Initial contract term is 1 June 2005 through 31 May 2007, with an option to review for another two years, not to extend beyond 31 May 2009, with the same terms and conditions as those set forth for this initial term (previously tabled. 7. Resolution 06-004 authorizing the submission of a grant request to the Criminal Justice Division of the Governor's Office for funding of a Brazos County, Texas program known as the Brazos Valley Criminal Enterprise Response Team (CERT). 8. Proclamation 06-005 establishing March 2006 as American Red Cross Month in Brazos County. Office of the County Judge a 300 East 261" St. a Suite 114 a Bryan, Texas 77803 a Fax: (979) 361-4503 VOL-Z S PAGE 71 Commissioners Court Agenda 14 March 2006 Page 2 9. Status of the Ban on Outdoor Burning as established by Brazos County Order 06-002, and possible action. 10. Approval of $50,000 to facilitate a short term low interest loan between Dominion Lasercom, Inc. and The Research Valley Partnership, Inc. The money for this loan will be provided from the Brazos County Cash Incentive Fund, and is to be repaid at the end of the six month term of the loan (27 August 2006). 11. Out of state travel for Bill Jeanes to attend the 2006 WcbEOC User Conference in Baton Rouge, LA. Dates of travel are 17-20 April 2006. 12. Request from the Sheriffs Office for approval to pay lodging expenses at $114.91 per night for Senior Investigator Fred Kindrell's trip to Atlanta, GA to conduct interviews for a homicide case. The rate is above what Brazos County allows. Out of state travel was approved on 24 February 2006; dates of travel were 28 February through 3 March 2006. 13. Request from Wayne Thompson, Precinct 3 Constable, for permission to appoint Gary Norton as a non-paid Deputy Constable. 14. Tax Refund Applications for the following: a. Klaus Huebner f Delores Woodward Estate Planning Trust b. Pat L. Hubert g. Rosa Linda Gonzalez c. Brazos Motor Transport h. Houston Metropolitan Properties d. Antonio A. @ Carmelita M. Rene i. Gladys Mae Brown Jones e. James S. Nowak j. Charles W. & Laura J. Wilding 15. Permission to advertise RFP 2006-023 Network Cabling Parts. 16. Payment authorization from the District Attorney's Office in the amount of $210.83 to the LaSalle Hotel for lodging of a witness. A purchase order was not obtained in advance. 17. Payment authorization from the District Attorney's Office in the amount of $66.67 to the LaSalle Hotel for lodging of a witness. A purchase order was not obtained in advance. 18. Announcement of interest items and possible future agenda topics. 19. Call for citizen input and/or concerns. 20. Agency / Board / Committee reports by Court members. 21. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meeting. To make arrangements, call (979) 361-4102. r~C PAGE BRAZOSCOUNTY BRYAN, TEXAS NOTICE OF ADDENDUM TO THE AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 14 MARCH 2005 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. In addition to the regular agenda, the Commissioners Court will consider and take action on the following item(s): 1. Budget Amendment 05/06-23.2. The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days prior to the meeting. To make arrangements, call (979) 361-4102. Office of the County Judge . 300 East 26d' St. . Suite 114 . Bryan, Texas 77803 . Fax: (979) 3614503 VOLT T PAGE 13 COMMISSIONERS' COURT REGULAR MEETING MARCH 14, 2006 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, March 14, 2006 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #05/06-23.1 that would reallocate funds for the 272nd District Court. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Vol I g Page Of + Commissioners Court meeting March 14, 2006 2 Requests. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7017100 through 7017345 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the bank depository contract with Citibank Texas, N.A. for all accounts and funds held in the Registry of the Brazos County District Clerk for the Courts of Brazos County. The term of the contract is from June 1, 2005 through May 31, 2007 with an option to review for another two years but not to extend beyond May 31, 2009. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the contract. A copy is attached. The Court next considered Resolution 06-004, authorizing the submission of a grant request to the criminal Justice Division of the Governor's Office for funding of a Brazos County, Texas program known as the Brazos Valley Criminal Enterprise Response Team (CERT). Ruth Waller, Assistant Vol ~9 - Page q5 Commissioners Court meeting March 14, 2006 3 Principal at Bryan High School, spoke in support of the team. She said that talk from the high school kids is that they think the law is becoming soft on drug use. Sheriff Chris Kirk, spoke to clarify the situation. The Task Force will no longer be funded by State Grant as of March 31, 2006. His department will probably fund the Task Force until the end of the year. The state has designed a new program called CERT and his department is trying to secure funding for the program. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to authorize the submission of a grant request to the criminal Justice Division of the Governor's Office for funding of a Brazos County, Texas program known as the Brazos Valley Criminal Enterprise Response Team (CERT). A copy is attached. The County Judge read aloud Proclamation #06-005 designating the month of March 2006 as "American Red Cross Month". The Court urges all Brazos County citizens to continue to give of their time and resources, and to also donate blood, in an effort to make a difference in the humanitarian fabric of this community. On motion by Commissioner Cauley, seconded by Commissioner Mallard the Court moved to proclaim the month of March, 2006 as "American Red Cross Month" throughout Brazos County. Vol ~ 9 Page ~P Commissioners Court meeting March 14, 2006 4 The Court next considered the status of the ban on outdoor burning as established by Brazos County Order #06-002. Commissioner Wassermann received an E-Mail critical of fire conditions in the area. Chuck Frazier, Emergency Management Coordinator, said that in his opinion it might be a week early to lift the ban. Commissioner Mallard and the County Judge both mentioned rain in the forecast. Mr. Frazier said that rain has been in the forecast for the last two weeks. Commissioner Mallard asked if we shouldn't do more to educate the public on controlled burns rather than institute a ban. Mr. Frazier replied that if you're going to ask the state to back you up concerning fire control, then you should do your part as a Commissioners Court to ban fires when red flags are up. Commissioner Mallard moved to remove the burn ban. The County Judge seconded the motion. Commissioner Mallard voted "Aye". Commissioners Wassermann, Peters, Cauley and the County Judge voted "No". The motion to remove the burn ban failed. The next matter before the Court was consideration of $50,000 to facilitate a short term low interest loan between Dominion Lasercom, Inc. and the Research Valley Partnership, Inc. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to remove this item from the agenda. Vol I - Page q1 Commissioners Court meeting March 14, 2006 5 The next matter for consideration by the Court was a request submitted by the Risk Management Department seeking approval for out of state travel for Bill Jeanes, Risk Manager. Mr. Jeanes would be traveling to Baton Rouge, Louisiana to attend WEBEOC training during the week of April 17 through 20, 2006. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request from the Risk Management Department and approved payment of out of state travel expense for Mr. Bill Jeanes. The next matter for consideration by the Court was a request submitted by the Brazos County Sheriff's Department seeking approval to pay lodging expenses for Senior Investigator, Fred Kindell's trip to the Metro Atlanta area to conduct interviews that were crucial in the Tommy Andrade homicide case. The hotel rates exceeded the rate approved by Brazos County by $29.91 per night. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Sheriff's Department and approved payment of lodging expenses for Fred Kindell. The Court next considered a request from Constable Precinct 3, Wayne Thompson, to appoint Gary Norton, as non- paid Deputy Constable. On motion by the County Judge, Vol -~g Page g Commissioners Court meeting March 14, 2006 6 seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Constable Thompson to appoint Gary Norton as non-paid Deputy Constable subject to appointment being within the allotted number of deputies. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a) Klaus Huebner, Over Payment $500.00 b) Dr. Pat L. Hubert, Over Payment $166.75 c) Brazos Motor Transport, Over Payment $3,359.46 d) Antonio A. & Carmelita M. Rene, Over Payment $211.51 e) James S. Nowak, Over Payment $40.00 f) Delores Woodward Estate Planning Trust, Over Payment $37.24 g) Rosa Linda Gonzalez, Over Payment $35.78 h) Houston Metropolitan Properties, Over Payment $9.99 i) Gladys Mae Brown Jones, Over Payment $45.00 j) Charles W. & Laura J. Wilding, Over Payment $80.38 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the tax refund applications. The next matter for consideration was approval for the Purchasing Agent to advertise Bid 2006-023, Network Cabling Parts. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the Purchasing Agent to advertise for bids for Network Cabling Parts. Vol 7 8 Page q9 Commissioners Court meeting March 14, 2006 7 The Court next considered a payment authorization from the District Attorney's Office to the LaSalle Hotel in the amount of $210.83. No purchase order was obtained in advance of this expenditure. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization from the District Attorney's Office to the LaSalle Hotel in the amount of $66.67. No purchase order was obtained in advance of this expenditure. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The Court next considered an addendum to the agenda Budget Amendment 05/06-23.2 that would reallocate funds for the 85th District Court. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. There were no announcements of interest items and possible future agenda topics. There was no citizen input and/or concerns. Vol Page / 0 C) Commissioners Court meeting March 14, 2006 8 There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol I ~ Page /01 The foregoing minutes of the Commissioners Court meeting held March 14, 2006 have been examined and are approved in open Court this the T~ day of~"Y~L/ 2006, in Bryan, Lloyd 'Wassermann Commissioner, Precinct 1 Duane Peters Kenny Malla d Commissioner, Precinct 2 Commission Precin, 3 Carey C uley, Jr/ ~6i Commissioner, P e inct 4 Attest- a en McQueen County Clerk Vol Page I 0 '~2' Brazos County, Texas. BRAZOSCOUNTY ~ COMMISSIONERS COURT DAY OF el ~ , 26 AT <b o A M Name Organization :f5O ~ cG zfo(fi ~w IJ c~ VOL ~9 PAGE I Q3 BRAZOSCOUNTY COMMISSIONERS COURT C ~ DAY OF , 20O_ AT Q, ` d (3 ( 1 /PM Name' r, n r "W Organization ~ ~Z 1011d,W, p~ &5D 13 r F r-t o u-j vxe r voL-79 PAGE 10 4 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-23.1 thru 05/06-23.2 On this the 10 day of March 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct I E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 14 March 2006 the Court heard and approved a budget amendment for the 2005-2006 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2005, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 14th day of March 2006. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes voL7t' PAGE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 23.1 3/14/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22100100 67342000 CR Furniture 100.00 0100 22100100 61900000 CR Visiting - Court Reporters 300.00 0100 22100100 65150000 CR Computer Maintenance 200.00 0100 22100100 61620000 CR Subscription & Publications 200.00 0100 22100100 65200000 CR Copier Maintenance 200.00 0100 2210010 61280000 DR Dues 100.00 0100 22100100 52500000 DR Contract Services 400.00 0100 2210010 61490000 DR Petit Jury Expenses 300.00 0100 22100100 60600000 DR Office Supplies 200.00 272nd District Court: To reallocate funds amon various accounts. VOL 7 g PAGE I D BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 23.2 3/14/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22000100 59100000 CR DDEA 650.00 0100 22000100 67670000 DR Printers 650.00 1 1 PERSONNEL -V' CHANGE OF STATUS REQUESTS Commissioner Court Date: March 14, 2006 Department Submitting Information: Human Resources )ose of Submissions: Consider and Take Action on Chan Department Submitting Employee Request Action Requested Request(s) Applies To Juvenile Services Hightower, Joselyn New Hire Perez, Christopher New Hire SO/Jail David, Amanda Daniel, Lisa Sanders, Richard New Hire Resignation Transfer within Dept. 85th District Court Sanders, Gaye Lynn Resignation O'Neill, Andrea New Hire Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes; VOL-79 PAGE OF BANK DEPOSITORY CONTRACT THIS DEPOSITORY CONTRACT is made and entered into on the date last herein written by and between the DISTRICT CLERK OF BRAZOS COUNTY, TEXAS, herein after called "DEPOSITOR" and Citibank Texas, N. A. a bank, organized under the laws of the United States and authorized by law to do banking business in BRAZOS COUNTY, Texas, and now conducting such business in said BRAZOS COUNTY, Texas, hereinafter called "BANK." I DEPOSITOR through action of its' Commissioners Court, hereby designates BANK as a depository for the period beginning JUNE 1, 2005 for a term of two years (herein the Initial Term) with an option to renew for another two years, not to extend beyond MAY 31, 2009, on the same terms and conditions as set forth herein for the Initial Term. This contract is to cover all accounts and funds held in the Registry of the District Clerk of Brazos County for the Courts of Brazos County by the DEPOSITOR and placed on deposit with BANK. II During the term of this depository contract, the DEPOSITOR will, through appropriate action of its Commissioners Court, designate the officer, or officers, who singly or jointly will be authorized to represent and act on behalf of the DEPOSITOR in any and all matters of every kind arising under this Depository Contract and to (1) execute and deliver to the BANK funds or fund transfer agreements (and any addenda thereto), (2) appoint and designate, from time to time, a person or persons who may request withdrawals, orders for payment or transfers on behalf of the DEPOSITOR in accordance with the electronic funds or fund transfer agreement and addenda and (3) make withdrawals or transfers by written instrument. III Quarterly Bank Statements will include checks, deposit slips, transfer slips, and debit and credit memos processed for ALL accounts. Quarterly statements showing debits, credits, and balances of each separate account are required. Statements are to be submitted to the District Clerk's Office no later than the 10`h of the month. IV DEPOSITOR may arrange for time deposits, and BANK may accept and hold such deposits subject to payment in accordance with the terms of the deposit. hi the event funds for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR'S account and may not charge any penalties for early withdrawal. Interest shall be calculated at the prevailing rates established from time to time by BANK for similar deposits. Time deposit maturities will not extend beyond the termination of this Agreement without the expressed consent of the BANK. VOL -79 PAGE / d V All funds on deposit with BANK to the credit of DEPOSITOR shall be secured by collateral as provided for in the Public Fund Collateral Act, Texas Government Code, Chapter 2257. The total value of eligible security to secure a deposit of public funds must be in an amount not less than the amount of the deposit of public funds, increased by the amount of any accrued interest and reduced to the extent that the United States or an instrumentality of the United States insures the deposit. The value of a surety bond is its face value. The value of an investment security is its market value. BANK must receive notification of new deposits prior to 10:30 A.M. on the day deposits are actually received. Twenty-four (24) hours notice is necessary on deposits totaling in excess of $1,000,000 during any banking business day. In no event shall the amount of DEPOSITOR funds on deposit with BANK pursuant to this depository contract exceed one million dollars without prior written consent of BANK. However, failure to give such notice does not excuse the BANK from properly securing these deposits in accordance with this agreement and the Public Fund Collateral ACT within one (1) business day of the deposit. The Commissioners Court and/or its designated representative has the authority to reject any collateral offered by BANK which is not deemed to be allowed under the Public Fund Collateral Act or which is deemed to be of high security risk. VI BANK has heretofore or will immediately hereafter deliver to the (hereinafter "CUSTODIAN"), collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of DEPOSTTOR deposited with BANK. Said collateral or substitute collateral, as herein provided for, will be kept and retained by CUSTODIAN in trust so long as the depository relationship between DEPOSITOR and BANK shall exist hereunder and thereafter so long as deposits made by DEPOSITOR with BANK hereunder, or any portion thereof, shall have not been properly paid out by BANK to DEPOSITOR or on its order. The agreement of the parties to place the collateral with the Custodian is attached hereto as Exhibit "A" and made a part hereof for all purposes. VII Should BANK fail at any time to pay and satisfy, when due, any check, draft, or voucher lawfully drawn against any deposit and the interest on such deposits, or in case BANK becomes insolvent or in any manner breaches its contract with DEPOSITOR, DEPOSITOR shall give written notice of such failure, insolvency or breach to BANK, and BANK shall have three (3) business days to cure such failure, insolvency or breach. In the event that BANK shall fail to cure such failure, insolvency or breach within three (3) business days, the parties hereto authorize the CUSTODIAN to surrender to the Commissioners Court in and for the DEPOSITOR the collateral being held by the CUSTODIAN upon receipt of a certificate whereby the DEPOSITOR, through its authorized representative, certifies that BANK has failed to perform its obligations under this contract has otherwise breached this contract or has become insolvent. VOLE R PAGE IIO VII (CONT'D) The BANK agrees and hereby instructs the CUSTODIAN that a copy of this agreement attached to the certificate(s) shall serve as the BANK'S consent and approval for the CUSTODIAN to sell and/or convert the collateral to the use of the DEPOSITOR. The BANK agrees and is bound to provide any other approvals or consents the CUSTODIAN may require in order to release the collateral for DEPOSITOR'S use. The parties further agree that the DEPOSITOR may seek an order or declaration or order of a court of lawful jurisdiction in the event that the BANK does not comply with this provision or in the event the CUSTODIAN refuses to surrender the collateral to the Commissioners Court, with all costs and attorney's fees incurred by DEPOSITOR to be reimbursed thereof, pay DEPOSITOR all damages and losses sustained by it, together with all expenses of any and every kind incurred by it on account of such failure or insolvency, or sale, accounting to BANK for the remainder, if any, of said proceeds or collateral remaining unsold. VIII Any sale, of such collateral, or any part thereof, made by DEPOSITOR or the CUSTODIAN, as appropriate, hereunder may be either at public or private sale; provided, it shall give both the DEPOSITOR, if the sale is made by the CUSTODIAN, and BANK ten (10) days notice of the time and place where such sale shall take place, and such sale shall be to the highest bidder therefore for cash. BANK shall not have the right to bid at such sale. IX If BANK shall desire to sell or otherwise dispose of any one or more of said securities pledged as collateral and deposited with the CUSTODIAN, it may substitute for any one or more of such securities other securities of the same or greater market value and of the character authorized herein and by the Public Funds Collateral Act. Such right of substitution shall remain in full force and may be exercised by BANK as often as it may desire; provided, however, that the aggregate market value of all collateral pledged hereunder, shall be at least equal to the amount of collateral required hereunder and by the Public Funds Collateral Act and other applicable law. If at any time the aggregate market value of such collateral so deposited with CUSTODIAN be less than the total sum of the DEPOSITOR'S funds on deposit with said BANK, BANK shall immediately deposit with CUSTODIAN such additional collateral as may be necessary to cause the market value of such collateral to equal the total amount of required collateral. BANK shall be entitled to income on securities held by CUSTODIAN, unless there is insufficient collateral on deposit with the CUSTODIAN to cover the public funds as required by law at the time the request is made. Approval of the DEPOSITOR will be required in all circumstances and if the collateral deficiency is not cured and the DEPOSITOR'S consent is not given (in writing), the income becomes collateral for public funds to the extent of the collateral deficiency. The consent of the DEPOSITOR must be obtained for a security to be released as collateral. Before a security is released from collateral that is to be replaced, the BANK must present to the DEPOSITOR the replacement collateral that is being offered, and the DEPOSITOR must accept such replacement. VOL~K PAGE _L!/.- X If at any time the collateral in the hands of the CUSTODIAN shall have a market value in excess of the sum of balances due DEPOSITOR by BANK, the DEPOSITOR may authorize the withdrawal of a specified amount of collateral by the BANK based on a written request from the BANK to the Commissioners Court. BANK shall have the right at any time and from time to time to substitute new collateral for collateral being held by TRUSTEE, provided that BANK provides evidence reasonably satisfactory to the TRUSTEE that sufficient collateral will remain after such substitution to satisfy the requirements of this depository contract and the Public Funds Collateral Act. XI Either DEPOSITOR or BANK shall have the right to terminate this agreement prior to the expiration date by providing advanced written notice to the other party of its election to do so, and this agreement shall be void from and after the expiration of ninety (90) days after the receipt of such notice, provided all provisions of this agreement have been fulfilled. XII Ninety (90) days prior to the expiration date of the Initial Term, either party wishing to exercise its option to renew the contract for an additional two (2) year term (the Option Period), must deliver written notice exercising such option to the non-exercising party as referred in Article XVI herein. XIII When the relationship of DEPOSITOR and BANK shall have ceased to exist between DEPOSITOR and BANK, and when BANK shall have properly paid out all deposits of DEPOSITOR, it shall be the duty of the District Clerk to issue a certificate to that effect to the BANK, the County Treasurer, and the Commissioners Court, and, if all obligations under this agreement and applicable law have been fulfilled, Commissioners Court will issue written authorization to the CUSTODIAN to deliver all collateral being held in the possession of the CUSTODIAN to the BANK. XIV This contract is subject to, and incorporated, the current laws governing the relationships between counties, depositories and custodian/trustees and related entities as established by the Texas Local Govermnent Code and the Texas Government Code and any amendments or revisions thereto. BANK warrants and represents that it shall comply with all applicable laws, rules and regulations, which govern or apply to BANK in connection with this contract. BANK further warrants that in the event that it is aware of any violation by BANK of applicable laws, rules and regulations, it will bring the event to the attention of the CUSTODIAN and the DEPOSITOR immediately and in writing within three (3) business days. VO0Y PAGE //A XV The BANK will provide the District Clerk the gross interest rate factor on a daily basis if the Trust Cash Management Account is used. All instructions for withdrawals will be in writing from the District Clerk or his agent, as set out in paragraph II, and verified verbally by the BANK. This agreement is entered into and is performable in BRYAN, BRAZOS COUNTY, TEXAS, and the venue of any legal actions or proceedings arising out of or related to this contract, or out of any disputes between the parties concerning the subject matter of this contract or arising out of the violation or application of any law governing the subject matter of this agreement (including but not limited to the Public Funds Collateral Act, Texas Government Code, Chapter 2257) is placed by agreement of the parties in BRYAN, BRAZOS COUNTY, TEXAS. XVI Any party hereto to the other, by United Stated Mail or other reliable courier at the following addresses, may deliver all notices, demands, or other writings: DEPOSITOR: District Clerk Brazos County, Texas 300 East 26th Street, Suite 216 Bryan, Texas 77803 WITH COPIES TO: County Jude Brazos County, Texas 300 East 26` Street, Suite 114 Bryan, Texas 77803 CUSTODIAN: BANK: The address to which any notice, demand, or other writing may be delivered to any party as above provided may be changed by written notice given by such party to the other two parties as above provided. 3 s-LI PAGE/1 XVII BANK represents that the collateral pledged to DEPOSITOR is not otherwise assigned, pledged or encumbered and that no lien, or security interests exist other then the security interest held by the DEPOSITOR pursuant to this agreement. Possession of the collateral by the CUSTODIAN is intended as perfection of DEPOSITOR'S security interest therein. BANK warrants that the collateral (in the form and amount required by law) is held by CUSTODIAN for the benefit of DEPOSITOR and as security for DEPOSITOR'S funds. The Commissioners Court shall deliver to BANK within five (5) working days from the date of execution of this agreement, a list of those individuals authorized to act on behalf of the District Clerk in regard to the mattes stated herein. The BANK shall deliver to the Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors approving this contract and the execution thereof. The BANK shall deliver to Commissioners Court on the date of execution hereof, an executed Collateral Agreement as set forth on Exhibit 'W'. The BANK shall deliver to Commissioners Court on the date of execution hereof a Certified Corporate Resolution of its' Board of Directors indicating the authority of an individual(s) to pledge collateral on behalf of the BANK. VOLT PAGE 114 (d EXECUTED this 3 day of Fd(w,, 200, by the undersigned duly authorized officers of the parties hereto. For Bank: Citibank Texas N.A By: (Si attire) Name: Clay Riebe Title: sr.V. Pres Date: June 15, 2005 THE STATE OF TEXAS COUNTY OF BRAZOS BEF9 E ME, on this day personally app aced L lky (-(E P 1'Qsi~cNf of Li-(t12nll I(A BANK, known to me the person whose name is subscribed to the forgoF-14,6. instrument, and acknowledge to me that he/she executed the same as the act and deed of the ..r 7~y,--r _ ,y A BANK, a corporation, for the purpose and consideration therein expressed and in the capacity therein state. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3(d day of TZ 20qK1,~ ~Eyar/l ~ / Notary Public, State of Texas Printed Name: y LC Ki Fd Cj VICKIE FORD OMI swie of rexas Commission Expires: ~ Notary MY Commissbn Expires MAY 8.2008 9VOL W PAGE II r EXECUTED this jLt_ day of Nhrc. , 200,f by the undersigned duly authorized officers of the parties hereto. For Brazos C Y* By: (Signature) Name: Randy Sims Title: Brazos County Judge Date: --V I 4-1.200 THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, on this day personally appeared Randy Sims, of BRAZOS COUNTY TEXAS, known to me the person whose name is subscribed to the forgoing instrument, and acknowledge to me that he/she executed the same as the act and deed of BRAZOS COUNTY, TEXAS, for the purpose and consideration therein expressed and in the capacity therein state. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _Lq _day of K/Qrcj200 G /7 n Notary Public, State of Texas Printed Name: JkW L Loc 1e n. Commission Expires: ? It) U. ~?gyp? DEBBIE t.OCKtEDGE MA"MCSFATEOMU eowuuw Exluex: JULY 200 VOLjPAGE /J& CERTIFICATE OF SECRETARY I certify that the following resolutions were duly adopted by the Board of Directors of Citibank Texas, N. A. on March 31, 2005, that the resolutions are still in full force and effect, and that Clay Riebe is an employee at the level of vice president (or equivalent) or higher of Citibank Texas N. A. and are therefore authorized to sign the types of documents described in such resolutions. Qkk c9lh^ J hn E. Gunther ecretary February 17, 2006 RESOLVED, that any officer of the Bank at the level of Vice President (or equivalent) or higher, or the designee(s) of any such officer, is hereby authorized to sign, execute, acknowledge, verify, deliver, or accept on behalf of the Bank agreements, contracts, indentures, mortgages, deeds, conveyances, transfers, certificates, declarations, receipts, discharges, releases, satisfactions, settlements, petitions, schedules, accounts, affidavits, bonds, undertakings, proxies and all other instruments or documents, and be it further RESOLVED, that in the signing of any instrument or document under this resolution it shall not be necessary to affix the corporate seal of the Bank, and such signing shall have the same effect as if the corporate seal had been affixed. VOL 7? PAGE !I 17 BRAZOS COUNTY BRYAN. TEXAS BRAZOS COUNTY RESOLUTION A RESOLUTION BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING A BRAZOS COUNTY, TEXAS PROGRAM KNOWN AS THE "BRAZOS VALLEY CRIMINAL ENTERPRISE RESPONSE TEAM (CERT)- WHEREAS, the Commissioners Court of Brazos County, Texas has the moral obligation to the citizens and taxpayers of Brazos County to ensure that the criminal justice system operates in the most efficient and coordinated manner possible; and WHEREAS, the Commissioners Court feels that the creation of the Brazos Valley Criminal Enterprise Response Team (CERT) will materially enhance the administration ofjustice in Brazos County, Texas; and WHEREAS, the opportunity exists to fund vital parts of this program through the Office of the Governor of the State of Texas, Criminal Justice Division; and WHEREAS, the Commissioners Court agrees to provide all applicable matching monies for the said project as required by the Justice Assistance Grant Program application; and WHEREAS, the Commissioners Court agrees that in the event of a loss or misuse of the Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be returned to the Criminal Justice Division in full; NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County, Texas, at its meeting on the 146 day of March, 2006 that: 1. The Commissioners Court approves submission of the grant application to the Office of the Governor, Criminal Justice Division, for grant monies to fund the Brazos Valley Criminal Enterprise Response Team (CERT) from 1 April 2006 through 30 September 2007. 2. The County Judge of Brazos County, acting on behalf of Brazos County, is authorized to apply for, accept, reject, alter, or terminate the grant. This resolution becomes effective upon its adoption. Ran Sims County Judge >0411- aJA-eo%tsa Com issioner Lloyd Wassermann Precinct 1 001- Commission r 1 nny Mallard Prec ct 3 ATTEST: 9" L'W-~ eIC~ren McQueen, County erk /19razos County, Texas Commissioner Duan Peters Precinct 2 Commis oner Carey Ca ey, Precinct4 VOL V PAGE //W a""•~•w