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HomeMy WebLinkAbout2006-01-31-9:00AM-REGULARBRAZOS COUNTY BRYAN. TEXAS NOTICE OF MEETING AND AGENDA ll.~UU t f J L7. TL, BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 31 JANUARY 2006 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26' STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance - Commissioner Cauley 2. Call for citizen's input and/or concerns. 3. Presentation of Donated Funds to the Brazos County Volunteer Fire Departments. Consider and take action on agenda items 4 - 30: 4. Budget Amendment 05/06-17.1 thru 05/06-17.3. 5. Personnel Change of Status. 6. Payment of Claims. 7. Cancellation of the Declaration of Local State of Disaster, as established with Brazos County Proclamations 05-013 and 06-001 under §418.108 of the Government Code; effective immediately. 8. Cancellation of Brazos County Order #05-011 prohibiting outdoor burning in Brazos County, effective immediately. 9. Change in the County's mileage rate from $0.455 to $0.445, consistent with the State of Texas' new mileage rate; effective immediately. 10. Service Contract Quotation from Fujitsu Computer Products of America, Inc. for warranty coverage of seven high-speed scanners located in the Offices of the District Clerk, the District Attorney, and the Sheriff. office of the County Judge • 300 East 26'" St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361-4503 Commissioners Court Agenda 31 January 2006 Page 2 11. Bank Depository Contracts with the following banks for all accounts and funds held in the Registry of the Brazos County District Clerk for the Courts of Brazos County: a. Wells Fargo Bank, N.A. b. State Bank c. The First National Bank of Bryan 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. 12. Contract between Cameron County Juvenile Department / Amador R. Rodriguez Juvenile Boot Camp and Brazos County for the purpose of providing residential services for the 90 day short term program, Contract term is 1 October 2005 through 30 September 2006. 13. Contract between Cameron County Juvenile Department / Amador R. Rodriguez Juvenile Boot Camp and Brazos County for the purpose of providing residential services. Contract term is 1 October 2005 through 30 September 2006. 14. Custom Program Proposal from The Software Group Division of Tyler Technologies, Inc. to modify existing transaction reports. 15. Reappointment of the following individuals as fire commissioners on the Brazos County Emergency Services District # 1 Fire Commissioners Board: a. Charles Robertson, effective 1/01/06 through 12/31/07 b. A. P. Boyd, effective 1/01/06 through 12/31/07 c. Lynn Elliott, effective 1/01/06 through 12/31/06 d. Mike Herron, effective 1/01/06 through 12/31/07 e. Jim Carroll, effective 1/01/06 through 12/31/06 16. Out of state travel for Linda LaSut (MPO) to attend the Association of Metropolitan Planning Organizations' Spring Conference on 13-14 March 2006 in Washington, D.C. 17. Requisition #00007746 to Microview Systems as a sole source for upgrades to the current video system at the Detention Facility. 18. Requisition #00007788 to Pitney Bowes, Inc. for the purchase of a digital mailing system. 19. Request for permission to accept property for sale at Public Auction from the District Clerk's Office that has been deemed abandoned property. 20. Appointment of Charles Frazier as Emergency Management Coordinator for the Brazos County inter-jurisdictional emergency management program, effective 1 February 2006. 21. Request from Verizon Communications to construct buried cable installations in the right of way of Carrabba Road beginning at SH 21 and extending southeast for a distance of 1354 feet. Site is located in Precinct 2. Commissioners Court Agenda 31 January 2006 Page 3 22. Final Plat of Meadowcreek Subdivision Phase 1, 20.919 acres (right of way dedication is 0.045 acres), Samuel Davidson League, A-13, Brazos County, Texas. Site is located in Precinct 1. 23. Permission to enter Albert Bonifazi's property located off Ferrill Creek Road for the purpose of clearing additional right of way, if needed, to move existing fence line to the agreed upon new right of way line, and to clean out the channel, if needed, to allow for the construction of a new bridge at Ferrill Creek; for the health, safety and welfare of the general public. Site is located in Precinct 2. 24. Request from Smiling Mallard Development for approval of the following variances to the Brazos County Subdivision and Development Regulations in the proposed Indian Lakes Phase 9; also known as The Settlement, a private gated community: (1) allow Developer to plat only utility easements along the front and rear of each lot; and (2) allow for a 3' building setback on the left side lot line and a 12' building setback on the right side lot line. Site is located in Precinct 1 25. Payment authorization to SHI-Government Solutions in the amount of $67,700.00 for the Microsoft enterprise agreement. The invoice was received before a purchase order was created. 26. Payment authorization to Goodyear Auto Service Center in the amount of $508.60 for 4 new tires mounted and balanced for the Sheriffs Office, unit 50. A purchase order was not obtained in advance. 27. Payment authorization to Goodyear Auto Service Center in the amount of $346.12 for 4 new tires mounted and balanced for the Sheriffs Office, unit 103. A purchase order was not obtained in advance. 28. Payment authorization to Cain's Coffee Co. in the amount of $202.48 for food and food- related items for the Jail. The invoice exceeded the purchase order. 29. Payment authorization in the amount of $605.47 for vehicle damages that occurred on 10/09/05; the amount of damages assessed was less than the deductible on the County's insurance policy. 30. Payment authorization in the amount of $133.84 for out of pocket medical expenses related to an accident that occurred on 9/01/05. 31. Announcement of interest items and possible future agenda topics. 32. Call for citizen input and/or concerns. 33. Agency / Board / Committee reports by Court members. 34. 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. 7& 57 COMMISSIONERS' COURT REGULAR MEETING JANUARY 31, 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, January 31, 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 Cauley gave the invocation and led the pledge of allegiance. There was no citizen input/and or concerns. The next matter before the Court was the presentation of donated funds to the Volunteer Fire Departments. The County Judge presented checks to the Volunteer Fire Departments. Funds were donated by API and BWOC. The County Judge commented to Richard Vance, County Engineer, that the Texas Forest Service will be selling dozers used to fight fires. The Court next considered Budget Amendment #05/06-17.1 Vol `7 cx Page 5& Commissioners Court meeting January 31, 2006 2 through 17.3, that would reallocate funds for the County Clerk-Elections, the Information Technology Department, and the Certificates of Obligation Issue 2004. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. The County Judge then asked to hear agenda item number 20 the appointment of Charles Frazier as Emergency Management Coordinator for the Brazos County Inter-Jurisdictional Emergency Management Program, effective February 1, 2006. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to appoint Charles Frazier as Emergency Management Coordinator for the Brazos County Inter- Jurisdictional Emergency Management Program, effective February 1, 2006. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Cauley, seconded by Commissioner Peters, 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: 7015586 through 7015871 Vol Page & 7 Commissioners Court meeting January 31, 2006 3 On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the cancellation of the Declaration of Local State of Disaster, as established with Brazos County Proclamations 05-013 and 06-001 under Section §418.108 of the Government Code. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to cancel the Declaration of Local State of Disaster, as established with Brazos County Proclamations 05-013 and 06-001. The Court next considered cancellation of Brazos County Order #05-011 prohibiting outdoor burning in Brazos County, effective immediately. Joe Ondrasek, Chief Precinct 4 Volunteer Fire Department spoke about the fire departments concerns with conditions even with rain. Mike Plagens, Chief Precinct 2 Volunteer Fire Department, also expressed concern. The County Judge noted that even if approved, this will continue to be on the agenda each week. Commissioner Peters said he hears the concerns of fire departments, but thinks there may be few windows between now and September for people to burn. Commissioner Cauley asked if things get out of control, could we meet quickly to change the ban. The County Vol '74 Page ~ 0 Commissioners Court meeting January 31, 2006 4 Judge said yes the Court could. The County Judge moved to cancel Order #05-011 prohibiting outdoor burning. Commissioner Mallard seconded the motion. Commissioners Mallard, Cauley and the County Judge voted "Aye". Commissioners Wassermann and Peters voted "No". The motion carried. The next matter before the Court was to consider changing the county's mileage reimbursement rate from $0.455 to $0.445 per mile to be consistent with the State of Texas' new mileage rate. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to change the mileage reimbursement rate from $0.455 to $0.445 per mile. The next matter before the Court was approval of a Contractual Agreement between Brazos County and Fujitsu Computer Products of America, Inc. for warranty coverage of seven high speed scanners. The cost to Brazos County will be $3,800.00. The scanners were purchased at different times over a period of three years and had varying expiration dates. By purchasing prorated plans, the expiration dates can be synchronized to expire September 30, 2006. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contractual agreement with the Fujitsu Computer Products of America. A copy of the Vol '7 4 Page 6 Commissioners Court meeting January 31, 2006 contractual agreement is attached. 5 The Court next considered approval of bank depository contracts with the following banks for all accounts and funds held in the Registry of Brazos County District Clerk. a) Wells Fargo Bank, N.A. b) State Bank c) The First National Bank of Bryan The depository period begins June 1, 2005 for a term of two years with an option to renew for another two years but not to extend beyond May 31, 2009. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the contracts with the above named banks. A copy of each contract is attached. The next matter before the Court was consideration of a contract between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (CCJD/ARRJBC) and Brazos County to provide residential services for the 90 day short term program. Brazos County will pay $65 per day per child for each day the Brazos County has juveniles in the (CCJD/ARRJBC). This includes the day of admittance and day of release. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to enter into contract with Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (CCJD/ARRJBC). A copy is attached. Vol Page 6 a Commissioners Court meeting January 31, 2006 6 The next matter before the Court was consideration of a contract between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (CCJD/ARRJBC) and Brazos County to provide residential treatment services for adolescents. Brazos County will pay $65 per day per child for each day the Brazos County has juveniles in the (CCJD/ARRJBC). This includes the day of admittance and day of release. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contract with Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (CCJD/ARRJBC) for residential treatment services for adolescents. A copy is attached. The Court next considered a request from the Director of the Information Technology Department to authorize The Software Group Division of Tyler Technologies, Inc. to proceed with custom programming to modify existing transaction reports. Cost of programming is $125.00 per hour with an estimated 35 hours of programming to be done. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize The Software Group Division of Tyler Technologies, Inc. to proceed with custom programming to modify existing transaction reports. The next matter before the Court was the reappointment of Vol 7 ~ Page 3 Commissioners Court meeting January 31, 2006 7 individuals as fire Commissioners on the Brazos County Emergency Services District #1 Fire Commissioners Board. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to reappoint the following individuals fire Commissioners on the Brazos County Emergency Services District #1 Fire Commissioners Board: a) Charles Robertson, 1-01-06 through 12-31-07 b) A. P. Boyd, 1-01-06 through 12-31-07 c) Lynn Elliott, 1-01-06 through 12-31-06 d) Mike Herron, 1-01-06 through 12-31-07 e) Jim Carroll, 1-01-06 through 12-31-06 The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Organization (MPO) seeking approval for out of state travel for Linda LaSut Metropolitan Planning Organization Director. Ms. LaSut would be traveling to Washington, DC to attend the 2006 AMPO Spring Conference March 13-14, 2006. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the MPO and approved payment of out of state travel expense for Ms. Linda LaSut. The next matter before the Court was consideration of requisition #00007746 in the amount of $30,599.00 to Microview Systems for upgrades to the current video system at the Detention facility. Microview was designated as a sole source supplier at the January 24, 2006 Commissioners Court meeting. Vol 4 Page Commissioners Court meeting January 31, 2006 8 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve payment of the requisition. The Court next considered requisition #00007788 in the amount of $22,103.00 covering the purchase of a Digital Mailing System from Pitney Bowes, Inc. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve payment of the requisition. The Court next considered authorizing acceptance of donated property from the District Clerk's office. The property is deemed Abandoned Property and consists of two watches and one ring that were exhibits in Cause #16,320-B. If accepted, it will be sold at public auction. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the donated property. The Court next considered the request from Verizon to construct buried cable installations in the right-of-way of Carrabba Road beginning at SH 21 extending southeast for a distance of 1,354 feet. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Verizon and authorized Vol '7 CPage 65 Commissioners Court meeting January 31, 2006 9 the installation. A copy of the request is attached hereto. The Court next considered approval of the Final Plat of Meadowcreek Subdivision Phase 1, 20.919 Acres (right-of-way dedication is 0.095 acres) in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all was in order. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the final plat of Meadowcreek Subdivision Phase 1, 20.919 Acres as submitted. The Court next considered authorizing work outside of county rights-of-way for the health, safety and welfare of the general public. The Road and Bridge Department requested permission to enter the private property of Albert Bonifazi on Ferrill Creek Road in Precinct 2 to clear additional right-of- way, if needed to move an existing fence line to the new right-of-way line, and if needed clean out a channel to allow for the construction of a new bridge at Ferrill Creek. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to authorize the work. The next matter before the Court was a request from Smiling Mallard Development for approval of the following variances to the Brazos County Subdivision and Development Regulations in the proposed Indian Lakes Phase 9, also known Vol ~74 Page 6 ~e Commissioners Court meeting January 31, 2006 as The Settlement, a private gated community are as follows: a) allow developer to plat only utility easements along the front and rear of each lot and; b) allow for a 3 foot building set back on the left side lot line and a 12 foot building setback on the right side lot line. 10 Those variances Richard Vance, County Engineer said he had reviewed the request and made the following comment: a) Brazos County will not maintain private subdivisions or behind gates. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request for variance subject to the condition noted by the County Engineer. The next matter before the Court was a request by the Director of the Information Technology Department to approve a payment authorization in the amount of $67,700.00 to SHI- Government Solutions for the Microsoft Enterprise Agreement. This is for year two of a three year agreement. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. A copy of the agreement is attached. The Court next considered a payment authorization issued by the Sheriff's office to Goodyear Auto Service Center in the Vol "74 Page 6? Commissioners Court meeting January 31, 2006 11 amount of $508.60. This is for the purchase of four (4) new tires. The tires were purchased without a purchase order. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization issued by the Sheriff's office to Goodyear Auto Service Center in the amount of $346.12. This is for the purchase of four (4) new tires. The tires were purchased without a purchase order. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The Court next considered a payment authorization issued by the Sheriff's office to Cain's Coffee Company in the amount of $202.48. The invoice exceeded the remaining balance on the purchase order. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the payment authorization. The next matter before the Court was consideration of a payment authorization in the amount of $605.47 for vehicle damages that occurred on October 9, 2005. On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to remove this item from the agenda. Vol 14 Page 6 2- Commissioners Court meeting January 31, 2006 12 The Court next considered a payment authorization to Isabel Hernandez Robbins in the amount of $133.84 for out of pocket medical expenses related to an accident on September 1, 2005. Mrs. Robbins slipped and fell on a wet floor while at the Minimum Security Jail. No warning signs had been posted. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. Under announcement of interest items and possible future agenda topics the following spoke: Commissioner Mallard Asked the County Judge's secretary if she had set a date for the Workshop on Subdivision and Development Regulations. She replied that she is still waiting to hear people about their schedules. County Judge a) He is putting a meeting together with the Justices of the Peace and District Clerk on the new law concerning collection procedures. Commissioner Mallard a) On February 3, there will be a benefit crawfish boil for 4H sponsored by the Chamber of Commerce. There was no citizen input and/or concerns. Under Agency/Board/Committee reports by Court members, the following spoke: Vol '1 Page 9 Commissioners Court meeting January 31, 2006 County Judge a) He will be out of the office until Thursday. He will be going to Washington D.C. with the Brazos Valley Council of Governments. Commissioner Wassermann b) Asked Precinct 4 Fire Chief, Joe Ondrasek if he could provide a report next week after the burn ban is lifted. 13 There being no further business to come before the Court, the meeting was adjourned. Vol ~6 Page The foregoing minutes of the Commissioners Court meeting held Januar y 31, 2006 have been examined and are approved in open Court this the Ig-H- day of ApcII , 2006, in Bryan, Brazos County, Texas. Randy S Duane Peters Commissioner, Precinct 2 Carey C may, Jr. Commis oner, Preci c 4 Attest: McQueen County Clerk Lloyd Wassermann Commissioner, Precinct 1 Kenny Mallar Commissioner, recinct 3 Vol Page 17i v Y BRAZOS COUNTY COMMISSIONERS COURT MEETING ON _Y 31 200 6T •oo *m-, Name Organization/Dep ment n o B Bra s Co 7a 7G r 2 Ufb Pl ~iL r BRAZOS COUNTY COMMISSIONERS COURT MEETING ON u 31 200 AT. 00 kn1 Name Organ ization/Dep ment t4~ P lc~ 5-D r L eJ L '1lv', ~3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2005-2006 BUDGET YEAR NO. 05/06-17.1 thru 05/06-17.3 On this the 31' day of January 2006 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 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 31 January 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 3151 day of January 2006. THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. Copies: County Auditor County Treasurer Commissioners' Court Minutes 7rP _ '74 Original: County Clerk's Office and attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 - 17.1 1/31/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0o loo 21002000 61010000 CR Advertsin - Legal Notices 400.00 0100 21002000 72590000 DR Professional Fees -Other 400.00 County Clerk -Elections: To reallocate funds for the professional fees that will be used for the uncominu nrimarv electinm BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS - No. 05/06 -17.2 I/31/120M FD DIV ACCT PROJ DR/CR ACCOUNT NAME Decrease 0100 0100 14000100 14000100 61680000 51730000 CR DR Trainin Cell Phone Allowance 1 1,146.42 0100 14000100 53100000 DR FICA 0100 14000100 53200000 DR Retirement 0100 14000100 53800000 DR Workers' Com . 7.76 I.T. De artment To reallocate funds for cell hone allowance to PCspecialists that use personal cell hones for conductin coun business. 74 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 05/06 -17.3 1/31/2006 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4904 63491004 80110000 DR Buildin s 195,000.00 4904 63491004 80440000 CR Land i 95 nnn nn IC.O. Issue 2004: 1 1 1 ITo reallocate funds for construction of JP buildin¢ per the contract with J. Codv Comnanv. ,.F,'js '71 PERSONNEL CHANGE OF STATUS REQUESTS *-57 Commissioner Court Date: January 31, 2006 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Request Applies To Action Requested 361sT District Court Navarro, Dorothy Resignation District Attorney Anderson, Justin Resignation District Clerk Little, Lynsey Promotion Michael, Mary Promotion Davis, Betty Promotion Emergency Management Meade, Michele Transfer within Dept. Human Resources Taylor, Barbara New Hire Information Technology Horn, Richard New Hire JP Pct. 1 Hughes, Ashley Transfer to Another Dept. Juvenile Services Ellison, Jannifer State Stipend Jackson, Carol State Stipend Kerr, Keith Resignation Road & Bridge Reyna, Pedro New Hire 7~ 7~ PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: January 31, 2006 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 SO/Jail Crooks, Ada Resignation Hearen,.Joshua Transfer within Dept. Stuart, Kevin Promotion Acosta, Jaime Transfer within Dept. Approved in Commissioners' Court: County Judge's or Commissioner's S (This Copy to be attached to minutes; 7G 79 BRAZOS COUNTY BRYAN, TEXAS Cancellation of the Declaration of Local State of Disaster, as established with Brazos County Proclamations 05-013 and 06-001 under §418.108 of the Government Code The Brazos County Commissioners Court has determined that the local state of disaster that was approved based on the continued imminent threat of severe damage, injury or loss of life or property resulting from the threat of wildfires due to drought and other weather related conditions is no longer necessary. Therefore, effective immediately the local state of disaster is cancelled. Sims, County Judge Office of the County Judge . 300 East 2e St. . Sufte 114 . Bryan, Texas 77803 . Fax: (979) 361-4503 7w ~0 BRAZOSCOUNTY BRYANJEXAS Cancellation of the Ban 'on Outdoor Burning, as established with Brazos County Order #05-011 The Brazos County Commissioners Court has determined that the ban on outdoor burning, as established with Brazos County Order #05-011, is no longer necessary. Therefore, effective immediately the ban on outdoor burning is cancelled. Office of the County Judge • 300 East 26P St. • Suite 114 Bryan, Texas 77803 • Fax: (979) 361-4503 r4 ~i APPROVED: FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. FU0) 1255 East Arquas Ave, Sunnyvale, CA 94085 TIE IIS811 ILIT1EE EIE II FIE1 TE FCPA SERVICE CONTRACT QUOTATION uate or uuote: u1/2//Uti Call IU: UUOtation it: uu2/8u4 Bill-to Contact Location Contact Site* 113784 Site# 113784 ANITA LEE ANITA LEE BRAZOS COUNTY BRAZOS COUNTY 202 E 27th ST 202 E 27th ST Suite 102-IT Dept Suite 102-IT Dept Bryan, TX 77803 Bryan, TX 77903 Phn: 9 79-361-4520, FAX: 979-361-4408 Phn: 9 79-361-4520, FAX: 979-361-4408 Please refer to attached listing for summary of items included in this quotation - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Comments: To obtain maintenance: Review service quotation and choose payment type below: Payment Type (circle one): Check / PO / VISA / Mastercard / AMEX Enter Check, Credit Card or PO Number here: Enter Credit Card Expiration Date here: Enter Credit Card CSC number here: Is your business tax exempt? (MUST check one) YES_ NO APPLICABLE TAX WILL BE ADDED TO THE TOTAL COST UNLESS COPY OF TAX-EXEMPT CERTIFICATE IS ATTACHED TO THE SIGNED QUOTATION. Payment Terms: Net 30 Days Invoices MUST be paid within terms to avoid disruption in service. Make purchase orders or checks payable to: Fujitsu Computer Products of America Attn: Service Sales 1255 East Arques Ave., Sunnyvale CA, 94085-4701 Provide two different signatures, fax or email signed quotation and provide copy of purchase order or check if applicable to: Bernard Lhermine Phone: 408-746-7160, FAX: 408-746-6903, Email: zzz=z~ 1 aAs, 51 n JEie(o~ , I?i ln i Print Name SiqVafu-re Print Name Signature Title u Date Title Date Signed quotation is customer's agreement to be invoiced subject to the terms and conditions of this agreement. If a customer Purchase Order is not provided, this quotation will serve as a legally binding agreement. Quotation is valid for thirty days from the date of quotation. v.. nn "I r6rn vaa raa-rnA rage a or a sja4aa ah FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. FUco 1255 East Arques Ave, Sunnyvale, CA 94085 TIE ILi i 1.11111111 A I E IIF II ITE Items for Quote 0027804 Model Serial No Start Date End Date Service Type Reap. Time Unit Price M4097D 601586 01/26/06 09/30/06 Co-Term Next Day 900 -M40970 601623 01/26/06 09/30/06 Co-Term Next Day 900 M4097D 601624 01/26/06 09/30/06 Co-Term Next Day 900 2700 Total items: 3 . 7 ~ g3 FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 1255 East Arques Ave, Sunnyvale, CA 94085 FCPA SERVICE CONTRACT QUOTATION co FUJITSU TIE I11 I I I I II T IEE AAE IX FI II TE Date of Quote: 01/27/06 Call 10: Quotation X: 0027805 Bill-to Contact Location Contact Site* 113784 Site* 113784 ANITA LEE ANITA LEE BRAZOS COUNTY BRAZOS COUNTY 202 E 27th ST 202 E 27th ST Suite 102-IT Dept Suite 102-IT Dept Bryan, TX 77803 Bryan, TX 77803 Phn: 9 79-361-4520, FAX: 979-361-4408 Phn: 9 79-361-4520, FAX: 979-361-4408 Please refer to attached listing for summary of items included in this quotation - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Comments: To obtain maintenance: Review service quotation and choose payment type below: Payment Type (circle one): Check / PO / VISA / Mastercard / AMEX Enter Check, Credit Card or PO Number here: Enter Credit Card Expiration Date here: Enter Credit Card CSC number here: Is your business tax exempt? (MUST check one) YES_ NO APPLICABLE TAX WILL BE ADDED TO THE TOTAL COST UNLESS COPY OF TAX-EXEMPT CERTIFICATE IS ATTACHED TO THE SIGNED QUOTATION. Payment Terms: Net 30 Days Invoices MUST be paid within terms to avoid disruption in service. Make purchase orders or checks payable to: Fujitsu Computer Products of America Attn: Service Sales 1255 East Arques Ave., Sunnyvale CA, 9.4085-4701 Provide two different signatures, fax or email signed quotation and provide copy of purchase order or check if applicable to: Bernard Lhermine, hon : 408-746-7160, FAX: 408-746-6903, Email: bi,rmine E s. f, j.itsu, com Print Name Signature rint Name Signature t1A 0 Date Title Date Signed quotation is customer's agreement to be invoiced subject to the terms and conditions of this agreement. If a customer Purchase Order is not provided, this quotation will serve as a legally binding agreement. Quotation is valid for thirty days from the data of quotation. 7l 9q CP FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. EU 1255 East Arques Ave, Sunnyvale, CA 94085 TIE FII 211111 T I E I I II II FI II TE Items for Quote 0027805 Model Serial No Start Date End Date Service Type - Reap. Time Unit Price M40970 513655 06/15/06 09/30/06 Co-Term Next Day 300 M4097D 513788 06/15/06 09/30/06 Co-Term Next Day 300 M4097D 513790 06/15/06 09/30/06 Cc-Term Next Day 300 900 Total items: 3 ~ t, 8s 01/26/06 02:52 PM PST FCPA via VSI-FAX FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. 1255 East Arques Ave, Sunnyvale, CA 94085 FCPA SERVICE CONTRACT QUOTATION Page 2 of 3 #30415 B_ FU fIITSU TIE PIS 9191LIII13 III IIEII IIE Date of Ouote: 01/26/06 Call ID: Ouotation 0027806 Bill-to Contact Location Contact Site# 113784 Site* 113784 ANITA LEE ANITA LEE BRAZOS COUNTY BRAZOS COUNTY 202 E 27th ST 202 E 27th ST Suite 102-IT Dept Suite 102-IT Dept Bryan, TX 77803 Bryan, TX 77803 Phn: 979-361-4520, FAX: 979-361-4408 Phn: 979-361-4520, FAX: 979-361-4408 Model Serial No Start Date End Date Service Type Reap. Time Unit Price M4097D 602593 07119/06 09/30/06 Co-Term Next Day 200 200 Total items: 1 Comments: To obtain maintenance: Review service quotation and choose payment type below: Payment Type (circle one): Check / PO / VISA / Mastercard / AMEX Enter Check, Credit Card or PO Number here: Enter Credit Card Expiration Date here: Enter Credit Card CSC number here: Is your business tax exempt? (MUST check one) YES_ NO_ APPLICABLE TAX WILL BE ADDED TO THE TOTAL COST UNLESS COPY OF TAX-EXEMPT CERTIFICATE IS ATTACHED TO THE SIGNED QUOTATION. Payment Terms: Net 30 Days Invoices MUST be paid within terms to avoid disruption in service. Make purchase orders or checks payable to: Fujitsu Computer Products of America Attn: Service Sales 1255 East Arques Ave., Sunnyvale CA, 94085-4701 Provide two different signatures, fax or email signed quotation and provide copy of purchase order or check IF applicable to: Bernard LhermineZ ho 746-7160 FAX: 408-746-6903, Email: blhofmine fu;ntsu. c IS Print Name Sign Print Name Signature Title( U Date Title Date Signed quotation is customer's agreement to be invoiced subject to the terms and conditions of this agreement. If a customer Purchase Order is not provided, this quotation will serve as a legally binding agreement. Ouotation is valid for thirty days from the date of quotation. 01126106 02:52 PM PST FCPA via VSI-FAX Page 3 of 3 *38416 FUJITSU COMPUTER PRODUCTS OF AMERICA, INC. FUJITSU 1255 East Arques Ave, Sunnyvale, CA 94085 rat r a 1 a n U tl rt 11 ARE t a Fl a ri t Basic Service Program Description Basic and Basic Plus are service programs designed to provide on-site repair. Service is available across the United States, except certain Hawaiian Islands and portions of Alaska). The service program includes parts, labor and travel for verified hardware failures. Customer must provide the Fujitsu Technical Assistance Center (TAC) with the product model number, part number, serial number and a description of the problem. Fujitsu Technical Assistance Center 800-626-4686 TAC is available Monday-Friday (excluding holidays) 5 a.m. to 5 p.m. PST TAC will initially try to assist the Customer in resolving the problem over the telephone. Customer may be asked to run some simple, self-diagnostic tests and report the resulting status and error code messages. This will assist TAC in determining if the problem is the scanner or another component of Customer's system and if the problem can be resolved over the telephone. After TAC verifies a hardware problem, a service call will be opened and logged. A service technician will be dispatched to the product location to perform repair service if there arc no security, safety or physical requirements that would restrict the service technician's access to the product. On-site service will be provided by a Fujitsu employed Field Service Engineer or professionally trained authorized service engineer between the hours of 8 a.m. and 5 p.m. local time, Monday through Friday (excluding holidays). On-site service outside the hours specified above may be available from the Service Provider for rates and tams then in effect. Next Business Day -A Fujitsu employed or professionally trained authorized service cagincer will arrive on-site by the end of the next business day following the TAC verified hardware failure. 4•iour Response Time Option - To better save the needs of customers with business critical scanning applimdons, 4-hour Response Time is available for Fujitsu scanners located in select metropolitan areas. Please contact your service sales representative for eligibility and costs. If this option is purdtased, our goal is to have a Fujitsu employed or professionally trained authorized service engineer on-site within 4-business hours following the TAC verified hardware failure. Term - The term of this service offering shall be one year from the date of purchase and is not activated =61 receipt of signed FCPA Service Contract Quotation. Renewal - Customer may wish to extend the warranty period for their scamter products by purchasing the post-warranty service option for the second and consecutive years of Product usage. Should Customer discoodnue service for any period of time in which suggested maintenance services were not performed, Fujitsu may evaluate the Product to determine if additional charges are required to restore the Product to current maintenance level Warranty - Fujitsu warrants that all services will be performed in a marmer which exceeds the professional standard to, service. See Fujitsu's Service Terms and Conditions. Services Not Covered - On-site Service does no include the following: • Electrical work external to the product, repair or replacement of product or increased service time required due to casualty, accident, damage, acts of God, transportation, missing parts, neglect, misuse or abuse, operator error, failure of proper management or supervision, unsuitable physical operating environment, use of supplies or accessories not approved by FCPA or its Authorized Service Provider. • Service in connection with the installation, discontinuance or removal of the product. • Any service and/or parts replacement resulting front fraud, tampering, misuse or the uses of counterfeit components, assemblies or modules. • Accessories or missing parts, supplies, consuntables and expendable items, or problems caused by those items identified as being the user' responsibility in the Periodic Routine Maintenance chapter of the User's Manual, nor does it cover relocation services, systems engineering services, programming, reinstallation of user operating systems or applications software, reconstruction of date, operational procedures due to any sort of failure to implement the most current software releases. • If any of the above services are required, they may be available at an Authorized Service Provider's current hourly rates and terms then in effect. BANK DEPOSITORY CONTRACT I ( l G'i 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 wells Fargo Bank, N.A. a national 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. H 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 10th 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. In the event funds for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR'S account 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. 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 Federal Reserve Bank of Dal 1 a ,T#lereinafter "CUSTODIAN"), collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as herein provided for, will be kept and retained by 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. 76 89 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. 1~ 90 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 Government 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. 9/ - W 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 Judge Brazos County, Texas 300 East 26 Street, Suite 114 Bryan, Texas 77803 CUSTODIAN: Federal Reserve Bank of Dallas 2200 N. Pearl St. Dallas, TX 75201 BANK: Annie Jackson. Industry Specialist Wells Fargo Bank, N.A. 3000 Briarcrest Drive Bryan, TX 77802 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. 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 herein. 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 "A". 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. 93 EXECUTED this I- day of June 2005, by the undersigned duly authorized officers of the parties hereto. For Bank: Wells Fa o B N.A. By: (Signature) Name: Mervin D. Peters Title: Senior Vice President Date: June 1, 2005 THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE ME, on this day personally appeared Mervin D. Peters Sr. Vice President of Wells Fargo Bank, N.ARANK, known to me the person whose name is subscribed to the forgoing instrument, and acknowledge tome that he/she executed the same as the act and deed of the Wells Fargo Bank, , N . A. BANK, a corporation, for the purpose and consideration therein exprgssed and in the capacity therein state. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 1st day of June 2005. State Printed Name: r LAZAPME RM e Notary Pubic Commission Expires: * * S TE OF TEXAS OF My Conan. EV.02-1&200 % qV G EXECUTED this ,31S+- day of , 2009', by the undersigned duly authorized officers of the parties hereto. For By: Nat Title: Brazos County Judge Date: 1.13 YC1, 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 c day of i4'oj 200X.. Notary Public, State o exas Printed Name: (1jCCLkLLqC--j 0 Commission Expires: 710.4cz7 DEBBIE LOCKLEDGE Ju~is, coos NINARr BCrpOF EW cornwoM Exnru: 7G 9s Security Agreement / Pledge of Collateral WHEREAS, Wells Fargo Bank N.A. Nerve orRnancfef f Watfon is making application to be designated a State Depository, under the general laws of Texas, and If approved by the Comptroller as a State Depository, the Financial Institution in order to perfect the Comptroller's security Interest In securities pledged by the Financial Institution from time to time to secure state deposits covenants, agrees and binds itself as follows: The Financial Institution agrees to comply with all of the Terms and Conditions set out in Section I of the State Depository Application/Agreement which is incorporated Into this Security Agreement for all purposes. The Financial Institution, in order to secure funds in excess of the funds Insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund (NCUA insurance coverage), grants to the Comptroller a security Interest in securities acceptable to the Comptroller. Securities with a market value not less than the amount of state deposits to be secured will be delivered to the Comptroller or an Independent third party custodian in accordance with Section 404.031, Texas Government Code, to be held by or for the Comptroller, as security for all funds belonging to the State of Texas which may be placed on deposit In the Financial Institution, together with Interest thereon. Currently, the Comptroller requires 105% collateralizadon of all state deposits In excess of FDIC and NCUA Insurance coverage and 125% collateralization for any securities pleilged to the state that have a declining principal balance. The Financial Institution hereby represents that k shall pledge as security for state deposits only those seourhles In which it Is the legal and actual owner, free and clear of all other Ilan or claims. The Financial Institution agrees to pledge additional securities immediately whenever necessary to ensure the full oollateralization of state deposits. Should the Financial Institution fail at any time to immediately pay and satisfy upon presentment, any check, electronic funds transfer or draft lawfully drawn upon any state funds deposited with the Financial Institution, whenever due, the Comptroller, shall have the right and power any time thereafter to recover the entire amount of money belonging to the State of Texas, then on deposit In said Financial Institution, together with all accrued Interest, by sale of the collateral pledged. The Financial Institution hereby agrees to fully cooperate and to execute any documents necessary or appropriate In order for the Comptroller to conduct the sale of the collateral pledged. The sale may be public or private, may be made in Austin, Texas, or elsewhere at the direction of the Comptroller, and shall convey the securities absolutely to the purchaser thereof. No notice of the sale shall be necessary. Should the Comptroller elect to initially sell less than the entire amount of the pledged securities and the sale shall fail to produce sufficient money to pay the state the entire amount of money it has on deposit In the Financial Institution with all Interest thereon, then the Comptroller may exercise such power of sale as often thereafter as may be necessary to produce sufficient money for such purposes. It is hereby fully understood that all usual and necessary expenses and commissions incurred by the Comptroller in connection with the sale or sales of pledged securities may be deducted from the proceeds of the sale. Any funds resulting from the sale or sales in excess of the amount necessary to pay the Comptroller the entire amount of the state's deposit and the expenses of the sale or sales shall be remitted by the Comptroller to the Financial Institution. All powers conferred upon the Comptroller may be exercised with respect to any additional or substituted securities which may be delivered by the Financial Institution to the Comptroller under the provisions of this Security Agreement, or the laws of Texas. The Financial Institution shall maintain this Security Agreement among Its official records continuously until such time as this Security Agreement is terminated and all state deposits have been property paid out. By signing his or her name below, the authorized designee of the Board of Directors or the Loan Committee shall cause the Depository to enter Into this SECURITY AGREEMENT / PLEDGE OF COLLATERAL. Wells Far ank N.A Nen ofRn at lnstftut By Signature Mervin D. Peters Pdntedname Senior Vice President True June 1, 2005 "--863 (pw. 06-0314) Date EXHIBIT "A" WELLS FARGO BANK, NATIONAL ASSOCIATION 'S CERTIFICATE I, Robert S. Singley, Secretary of Wells Fargo Bank, National Association, a national banking association, (the "Bank"), hereby certify as follows: 1. The following is a true and correct extract from resolutions duly adopted by the Board of Directors of the Bank on November 25, 2003, and no modification, amendment, rescission or revocation of such resolutions has occurred affecting such extract as of the date of this certificate. RESOLVED, that any Signing Officer, acting alone, may execute on behalf of the Bank, whether acting for its own account or in a fiduciary or other representative capacity: Agreements, instruments and other documents establishing or relating to any deposit account or the colla'teralization thereof. 2. Mervin D. Peters is a duly appointed and acting Senior Vice President of the Bank as of the date hereof and is a "Signing Officer" within the meaning of the foregoing resolution IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Bank this fifth day of October 2004. y Y4 Robert S. Sing ey Secretary -[5ealjj BANK DEPOSITORY CONTRACT ti I C 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 State Bank a commercial 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 1Wh 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. In the event funds for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR'S account 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. r. i 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 TIB - The Independent BankersBank (hereinafter "CUSTODIAN'), collateral of the kind and character above mentioned of sufficient amount and market value to provide adequate collateral for the funds of DEPOSITOR deposited with BANK. Said collateral or substitute collateral, as herein provided for, will be kept and retained by 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. 9~ 17 ~ 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. 7~ ; /66 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. MH 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 Government 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. 76 /0/ 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 H, 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 26" Street, Suite 216 Bryan, Texas 77803 WITH COPIES TO: County Jude Brazos County, Texas 300 East 26 Street, Suite 114 Bryan, Texas 77803 CUSTODIAN: TIB - The Independent BankersBank P.O. Box 560528 Dallas, Texas 75356-0528 BANK: State Bank P.O. Box B La Grange, Texas 78945 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. '7~ /0 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. 7~ /03 Security Agreement / Pledge of Collateral WHEREAS, State Bank Name ofFlnenolallmfitufion Is making application to be designated a State Depository, under the general laws of Texas, and if approved by the Comptroller as a State Depository, the Financial Institution in order to perfect the Comptroller's security Interest in securities pledged by the Financial Institution from time to time to secure state deposits covenants, agrees and binds Itself as follows: The Financial Institution agrees to comply with all of the Terms and Conditions set out in Section 1 of the State Depository Application/Agreement which is incorporated Into this Security Agreement for all purposes. The Financial Institution, In order to secure funds In excess of the funds insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund (NCUA Insurance coverage), grants to the Comptroller a security Interest in securities acceptable to the Comptroller. Securities with a market value not less than the amount of state deposits to be secured will be delivered to the Comptroller or an Independent third party custodian in accordance with Section 404.031, Texas Government Code, to be held by or for the Comptroller, as security for all funds belonging to the State of Texas which may be placed on deposit In the Financial Institution, together with interest thereon. Currently, the Comptroller requires 105% collateralization of all state deposits in excess of FDIC and NCUA Insurance coverage and 125% oollateralization for any securities pledged to the state that have a declining principal balance. The Financial Institution hereby represents that it shall pledge as security for state deposits only those securities in which it is the legal and actual owner, free and clear of all other liens or claims. The Financial Institution agrees to pledge additional securities Immediately whenever necessary to ensure the full oollateralizatlon of state deposits. Should the Financial Institution fall at any time to Immediately pay and satisfy upon presentment, any check electronic funds transfer or draft lawfully drawn upon any state funds deposited with the Financial Institution, whenever due, the Comptroller, shall have the right and power any time thereafter to recover the entire amount of money belonging to the State of Texas, then on deposit in said Financial Institution, together with all accrued Interest, by sale of the collateral pledged. The Financial Institution hereby agrees to fully cooperate and to execute any documents necessary or appropriate in order for the Comptroller to conduct the sale of the collateral pledged. The sale may be public or private, may be made in Austin, Texas, or elsewhere at the direction of the Comptroller, and shall convey the securities absolutely to the purchaser thereof. No notice of the sale shall be necessary. Should the Comptroller elect to Initially sell less than the entire amount of the pledged securities and the sale shall fall to produce sufficient money to pay the state the entire amount of money it has on deposit In the Financial Institution with all Interest thereon, then the Comptroller may exercise such power of sale as often thereafter as may be necessary to produce sufficient money for such purposes. It is hereby fully understood that all usual and necessary expenses and commissions Incurred by the Comptroller in connection with the sale or sales of pledged securities may be deducted from the proceeds of the sale. Any funds resulting from the sale or sales in excess of the amount necessary to pay the Comptroller the entire amount of the state's deposit and the expenses of the sale or sales shall be remitted by the Comptroller to the Financial Institution. All powers conferred upon the Comptroller may be exercised with respect to any additional or substituted securities which may be delivered by the Financial Institution to the Comptroller under the provisions of this Security Agreement, or the laws of Texas. The Financial Institution shall maintain this Security Agreement among its official records continuously until such time as this Security Agreement is terminated and all state deposits have been property paid out. By signing his or her name below, the authorized designee of the Board of Directors or the Loan Committee shall cause the Depository to enter Into this SECURITY AGREEMENT / PLEDGE OF COLLATERAL. State Bank Name of Fnand'allilnstifutlon By V, Signature Michael D Kalina Printed name Senior Vice President Title May 19 7005 M-105-5 (Rev. 05-00/4) - Date FKHIBIT "A" q~ - , /4 V EXECUTED this 19th day of May , 2005, by the undersigned duly authorized officers of the parties hereto. For Bank: State Bank By:. M:L LF Q I \ (Signature) Name: Michael D. Kalina Title: Senior Vice President Date: May 19 , 2005 THE STATE OF TEXAS COUNTY 0179$- § ye BEFORE ME, on this day personally appeared Michael D. Kalina Senior Vice President of State BANK, 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 the State BANK, a corporation, for the purpose and consideration therein expressed and in the capacity therein state. VA~ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2005. J Not ary Public, Sttatepof Texas Printed Name: (FLU tai e. brw?ed Commission Expires: _ / w ~y r•////' LAURIE BRANECKY Q~~. Notary Public ~ STATE Of TEXAS o~ My Comm. Exp 09-13-2005'" EXECUTED this 3 I 51 the parties hereto. For By: Nan day of ,}'c, 2009, by the undersigned duly authorized officers of Title: Brazos County Judge Date: 1 b(/06 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 CIS{' day of 200 4)2L Notary Public, State of Texas Printed Name: c(n~ ) Commission Expires: '9/0 49L-W DEBBIE LOCKLEDGE MGrAtr11B165fAlEOMM earr1uiw uruer: Jugs saoz 4L~- y6 /0~ Bank Signatory Resolution By Resolution passed by the Board of Directors on the 19th day of May , 2005,1 Frankie J. Tupa , Secretary to the Board , hereby certify that Michael D. Kalina was authorized to sign and execute the depository contract for the District Clerk of Brazos County, Texas. cam/ Signature ATTEST: Ervan E. Zo Chairman of Corporate Seal % l07 BANK DEPOSITORY CONTRACT' CC~ 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 "DEPOSTTOR" and 7NOp~j {aA'610 hut! aw~tuya t f a ~d-fi 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`b 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. In the event funds for a time deposit are withdrawn from a transaction or savings account, at maturity, BANK will deposit the principal amount of the time deposit and any accrued interest in the DEPOSITOR'S account 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. '4 /0 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 DEPOSITOR 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. ~7~ 16 7 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. 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 providirig 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 Government 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. 71 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 11, 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. XV1 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 26`x' Street, Suite 216 Bryan, Texas 77803 WITH COPIES TO: CUSTODIAN: BANK: County Judge Brazos County, Texas 300 East 26 Street, Suite 114 Bryan, Texas 77803 J P Nv~=~.~1 C~t~sr~ ' po. ~o~c 25b4bowl - b7s bJ~~ L ki 1W 1A Mfq t a lp pa• W-(- lb?3 t*J&4I-r%4 -7 -1 SDS 731 2<-- Ob` 6 7uc 4iwxT UA-Ttokj* ~ O wv- pr- O a 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. 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. 7~ 113 EXECUTED this ~219 day of d 2005, by the undersigned duly authorized officers of the parties h^e~reto. For Bank: I piw Ukiiyod/ ~jA1J1~ DIG/ By: ~Aw (Signatures) Name: i A W any ~ Title: \IkZ, CAI& 9M ArLt Date: - 2* '49 1~7 THE STATE OF TEXAS § COUNTY OF BRAZOS § m K~ qq 11 BEFORE ME, on this day personally ap ared It1lK/~ It. 11Y.1Y1(r Q~k/~ Mir E 0,N igihAO of lab-rI hTrioMAL BANK, known to me the person whose name is subscribed to the forgom instrument, and acknowledge tome that he/she executed the same as the act and deed of the 6 i A A- -to AI &LC 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 day of 1 I, 2005. Notary Public, State of T as M~ DARLENE NICHOL S Ndary Pubic, State d Tom Printed Name: b A2LE N e M 1 E H oC,S my comrNssian EWM Commission Expires: JANUARY 31, 2009 11 4 , ►14 EXECUTED this _2S+ day of the parties hereto. For By: Name: Randy Sims Title: Brazos County Judge Date: I X31 THE STATE OF TEXAS § COUNTY OF BRAZOS § 6 2005, by the undersigned duly authorized officers of 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 day of 200f. /1,,, A rD Notary Public, State of Texas U Printed Name: 0 Uf al ldof-) Commission Expires: 7kl= DEBBIE LOCKLEDGE MOGAYM CSIAIEOf MU C010188161 em*n: JuL.Y a, zoo tIG 7~ PAGE I S Security Agreement / Pledge of Collateral WHEREAS, Name of Financial Inaftilon Is making application to be designated a State Depository, under the general laws of Texas, and if approved by the Comptroller as a State Depository, the Financial Institution in order to perfect the Comptroller's security Interest In securities pledged by the Financial Institution from time to time to secure state deposits covenants, agrees and binds Itself as follows: The Financial Institution agrees to comply with all of the Terms and Conditions set out in Section I of the State Depository Application/Agreement which is Incorporated into this Security Agreement for all purposes. The Financial Institution, in order to secure funds In excess of the funds Insured by the Federal Deposit Insurance Corporation (FDIC) or the National Credit Union Share Insurance Fund (NCUA insurance coverage), grants to the Comptroller a security Interest in securities acceptable to the Comptroller. Securities with a market value not less than the amount of state deposits to be secured will be delivered to the Comptroller or an Independent third party custodian in accordance with Section 404.031, Texas Government Code, to be held by or for the Comptroller, as security for all funds belonging to the State of Texas which may be placed on deposit In the Financial Institution, together with interest thereon. Currently, the Comptroller requires 105% collateralizatlon of all state deposits in excess of. FDIC and NCUA Insurance coverage and 125% collateralization for any securities pledged to the state that have a declining principal balance. The Financial Institution hereby represents that it shall pledge as security for state deposits only those securities In which it is the legal and actual owner, free and dear of all other lien or claims. The Financial Institution agrees to pledge additional securities immediately whenever necessary to ensure the full collateraiization of state deposits. Should the Financial Institution fall at any time to Immediately pay and satisfy upon presentment, any check, electronic funds transfer or draft lawfully drawn upon any state funds deposited with the Financial Institution, whenever due, the Comptroller, shall have the right and power any time thereafter to recover the entire amount of money belonging to the State of Texas, then on deposit in said Financial Institution, together with all accrued Interest, by sale of the collateral pledged. The Financial Institution hereby agrees to fully cooperate and to execute any documents necessary or appropriate in order for the Comptroller to conduct the safe of the collateral pledged. The sale may be public or private, may be made in Austin, Texas, or elsewhere at the direction of the Comptroller, and shall convey the securities absolutely to the purchaser thereof. No notice of the sale shall be necessary. Should the Comptroller elect to initially sell less than the entire amount of the pledged securities and the sale shalt fall to produce sufficient money to pay the state the entire amount of money it has on deposit In the Financial Institution with all Interest thereon, then the Comptroller may exercise such power of sale as often thereafter as may be necessary to produce sufficient money for such purposes. It Is hereby fully understood that all usual and necessary expenses and commissions Incurred by the Comptroller in connection with the sale or sales of pledged securities may be deducted from the proceeds of the sale. Any funds resulting from the sale or sales in excess of the amount necessary to pay the Comptroller the entire amount of the state's deposit and the expenses of the sale or sales shall be remitted by the Comptroller to the Financial Institution. All powers conferred upon the Comptroller may be exercised with respect to any additional or substituted securities which may be delivered by the Financial Institution to the Comptroller under the provisions of this Security Agreement, or the laws of Texas. The Financial Institution shall maintain this Security Agreement among Its official records continuously until such time as this Security Agreement is terminated and all state deposits have been property paid out. By signing his or her name below, the authorized designee of the Board of Directors or the Loan Committee shall cause the Depository to enter Into this SECURITY AGREEMENT / PLEDGE OF COLLATERAL. Name of Financial lnstilution By signature Fdnteo name 7700 AP-165-5 (Rev 65ga/Q Date EXHIBIT "A" -7/Pr} Bank Signatory Resolution By Resolution passed by the Board of Directors on the eo `r' day of L4U , 2005, I T (7c-,i,P " F",t, (b a441 hereby certify that k(W, WC.fM,. ~ was authorized to sign and execute the depository contract for the District Clerk of Brazos County, Texas. Signature ATTEST: Amj~~j &J'-6a cmO~~ Corporate Seal THE STATE OF TEXAS COUNTY OF CAMERON CONTRACT FOR RESIDENTIAL SERVICES In accordance with the provisions set forth herein, this agreement is made this day between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (hereafter, "CCJD/ARRJBC'), and Brazos County Juvenile Probation Department (hereafter, CONTRACTOR), for the purpose of providing residential treatment services for adolescents, and to protect the well being of the child and enhance the child's functional abilities in a substitute care setting by providing the following services, as appropriate: WHEREAS, CCJD/ARRJBC operates and manages a RESIDENTIAL PLACEMENT CENTERwhich has been duly inspected and certified as being suitable for the detention of juveniles by the Cameron County Juvenile Board; WHEREAS, the Cameron County Juvenile Board has approved the program, policies and procedures under which CCJD/ARRJBC manages the facility; NOW, THEREFORE, the parties agree as follows: 1. To provide those juveniles housed in the RESIDENTIAL PLACEMENT CENTER operated by the CCJD/ARRJBC room, board, and 24 hour daily supervision and approved educational program, recreational facilities, and counseling. Such space and service shall be provided by CCJD/ARRJBC to CONTRACTOR on a space available basis. CCJD/ARRJBC and CONTRACTOR agree that except in emergency situations, CCJD/ARRJBC will give CONTRACTOR forty-eight (48) hours notice before terminating a juvenile. In an emergency situation, CCJD/ARRJBC will notify CONTRACTOR within twelve (12) hours of the juvenile's expected termination from the RESIDENTIAL PLACEMENT CENTER 2. Medical: CONTRACTOR agrees to be responsible for payment for medical care to the juveniles and to pay for emergency examinations, treatments, and hospitalization in the event the parent of the child and/or the child's medical insurance does not cover the cost. CCJD/ARRJBC shall notify CONTRACTOR of any medical emergency or condition requiring medical care within one (1) regular working day of its occurrence. 3. Fees: For services rendered under this Agreement, CONTRACTOR shall pay the sum of SIXTY-FIVE DOLLARS ($65.00) per day per child for each day the CONTRACTOR has juveniles in the ARRJBC Charges will include the day of admittance, regardless of hour of admittance; plus the number of days until released, including day of release, regardless of hour. 4. Payment: Payment shall be made monthly within thirty (30) days after receipt by CONTRACTOR of CCJD/ARRJBC monthly invoicing. Payment shall be made to Cameron County Juvenile Probation Department, PO Box 1690, San Benito, TX. 78586 S. Length of stay would be a minimum of 90 day PAM (Pride- Attitude- Motivation) for short term placement. 6. Conditions for placement: When a juvenile is transported to the ARRJBC operated by CCJD, the officer effectuating the transfer should have the following with him: (1) Two copies of the signed Dispositional Order with the conditions ordering the child into placement; and (2) Parents' notification of child's whereabouts. 7. CCJD/ ARRJBC will provide transportation of youth placed at our facility. 8. Operation of the Program will be in compliance with all applicable standards for secure post adjudication as promulgated by the Texas Juvenile Probation Commission (TJPC). 9. No mechanical restraints will be used on a child placed by the CONTRACTOR, except with prior written authorization from a physician in life threatening situations and except when necessary and in accordance with applicable TJPC standards. 10. CONTRACTOR may examine and evaluate the services and the records maintained by CCJD/ARRJBC under this contract, and CCJD/ARRJBC will furnish such information relating to these services and records as may be requested by CONTRACTOR, including but not limited to all clinical and fiscal information and the results of any and all audits conducted by TJPC, relating to youth referred under this Contract. 11. Confidentiality and Indemnification: In consideration of CCJD/ARRJBC and/or its representatives or agents agreeing to provide access to information or records pertaining to a juvenile placed in the BOOT CAMP by CONTRACTOR, CONTRACTOR agrees to indemnify and hold harmless CCJD/ARRJBC for any damages and/ or claims, including, but not limited to attorney's fees incurred in the event that any breach of confidentiality occurs as a result of CCJD/ARRJBC providing the information or records to CONTRACTOR. 12. CCJD/ARRJBC accepts, as the application for admission, The State of Texas Common Application for Placement of Children in Residential care (form 2087) for placement of CONTRACTORS children. 13. CCJD/ ARRJBC will provide all services in a manner which safeguards the health, welfare and safety of the children, to the maximum extent possible, and in the least restrictive setting possible. 14. CCJD/ARRJBC will submit to CONTRACTOR at the end of each month a bill for services, which includes the following information for each youth referred to and served that month under this contract the youth's name; the program to which the youthwas admitted; dates that the youth was served; a description of the services provided; the amount of funds for which such youth is eligible from other funding sources (if applicable); and the amountof such funds collected by the Service Agency. 15. CCJD/ ARRJBC shall identify goals and outputs and document measurable outcome which relate to program objectives. 16. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 17. CCJD/ARRJBC shall adhere to all applicable state and federal laws and regulations pertinent to the CONTRACTORS' provision of services. 18. CCJD/ARRJBC shall account separately for the receipt and expenditure of any and all funds received under this contract 19. CCJD/ARRJBC shall maintain financial, programmatic, and supporting documents, statistical records, inventories of non-expendable property acquired and other records pertinent to claims submitted during the contract period for minimum of three years. If any litigation, claim, or audit involving these records begins before the three-year period expires, the Service Agency will keep the records and documents for no less than three years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered in between the CONTRACTOR and CCJD/ ARRJBC. "Contract period" means the beginning date through the ending date specified in the original contract. Contract extensions are considered to be separate contract periods. 20. If a youth makes an unauthorized departure from CCJD/ARRJBC, the CONTRACTOR shall be notified immediately. If the youth returns to ARRJBC within 10 days or prior to the last billing day of the month, whichever shall occur first, ARRJBC shall receive payment for those days the youth was absent from ARRJBC, but not to exceed ten days' payment 21. The term of this Contract shall commence on October 1, 2005 and shall end on September 30, 2006. 22. Either party may cancel this Contact for any reason, by providing written notice to the other party at least thirty (30) days prior to the cancellation date. 23. If CCJD/ARRJBC fails to provide services according to the provisions of this contract, the CONTRACTOR may, upon written notice of default to CCJD/ARRJBC, terminate all or any part of the contract Termination is not necessarily an exclusive remedy, but will be in addition to any other rights and remedies provided by law or under this contract. ~7G la0 24. This Contract may not be changed, modified or waived in whole or in part, except where done in writing signed by all parties hereto. 25. This Contract shall be construed under the laws of the State of Texas, and is performable in Cameron County Texas. 26. This Contract represents the entire agreement, and supersedes all previous agreements, whether written or oral, of the parties hereto regarding the subject matter here, and there are no promises, representations, terms, or other matters relating the subject matter of this Contract which are not included herein. 27. At the end of the contract term or other contract termination or cancellation, CCJD/ ARRJBC shall in good faith and in reasonable cooperation with the CONTRACTOR, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. NON APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted for the placement of residential services and funds are otherwise unavailable, by any means whatsoever, in any fiscal period in which the services are due under this Contract; then CONTRACTOR shall, not less than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify the CCJD/ARRJBC of such occurrence. This Contract shall thereafter terminate and be tendered null and void on the last day of the fiscal period for which appropriations were made without penalty, liability or expense to CONTRACTOR of any kind, except as to (I) the services herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available and (ii) CONTRACTOR'S other obligation and liabilities under this Contract relating to, accruing or arising prior to such termination. COMPLIANCE WITH THE REQUIRED REGULATIONS, POLICIES AND PROCEDURES Comply with all applicable federal and state regulations and with Texas Juvenile Probation Commission (TJPC) policies and procedures regarding services delivered under this contract including, but not limited to: 1. EQUAL OPPORTUNITY-Services shall be provided by CCJD/ARRJBC in compliance with Title IV of the Civil Rights Act of 1984. CCJD/ARRJBC will not discriminate against any employee, applicant for employment, of client because of race, religion, color, national origin, age, or handicapped condition. CCJD/ARRJBC will take affirmative action to ensure that applicants are employed and that the employees are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapped condition. 2. AMERICANS WITH DISABILITIES ACT--CCJD/ARRJBC expressly represents and warrants to the CONTRACTOR that the premises, the building in which the services are rendered and all parking, sidewalks and other appurtenances pertaining to such buildings have been constructed, maintained and operated, and shall continue to be used, maintained and operated in compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 89-670, 104 Stat 327 (1990), and all rules, regulations, and guidelines promulgated there under, as the same may be amended from time to time (the American Disabilities Act). 3. Texas Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4. Federal Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this contract. 5. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. This provision does not limit the CONTRACTOR'S right of access to client case records or other information relating to clients served under this contract. The CONTRACTOR shall have an absolute right of access to, and copies of, such information. 6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services; offices as required by the Texas Family Code, Chapter 261. All reports must be made within 24 hours of the discovery of abuse or neglect. Additionally, a report must be made to the Texas Juvenile Probation Commission (TJPC) within 24 hours. 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety code. This verification and disclosure will be required of all who have direct contact with clients. 8. Comply with state and federal licensing and certification requirements, health and safety standards, and regulations prescribed by the United States Department of Health and Human Services and the Texas Juvenile Probation Commission (TJPC). NOTICES All notices to the Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: 1904 W. HWY 21, Bryan, Texas 77803 to the Chief Juvenile Probation Officer, Douglas Vance. All notices to Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp and Educational Center, shall be sent certified or registered mail, addressed to the Chief, Cameron County Juvenile Department, P. O. Box 1690, San Benito, Texas 78586, or at such an address as CCJD/ARRJBC may other wise designate. '7'~ n, f a-1 EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, on the day of , 2005. BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT BY: 1 BY: `i. Douglas Vance HON. Y SIMS Director/Chief juvenile Probation Officer Co Judge NT CAMERON COUNTY JUVENILE PROBATION DEPARTME BY BY: TOMMY RAMIREZ, JR. Chief Executive Officer HON. BENJAMIN EURESTI Juvenile Board Chairperson ~ a3 THE STATE OF TEXAS COUNTY OF CAMERON CONTRACT FOR RESIDENTIAL SERVICES In accordance with the provisions set forth herein, this agreement is made this day between Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp (hereafter, "CCJD/ARRJBC"), and Brazos County Juvenile Probation Department (hereafter, CONTRACTOR), for the purpose of providing residential treatment services for adolescents, and to protect the well being of the child and enhance the child's functional abilities in a substitute care setting by providing the following services, as appropriate: WHEREAS, CCJD/ARRJBC operates and- manages a RESIDENTIAL PLACEMENT CENTER which has been duly inspected and certified as being suitable for the detention of juveniles by the Cameron County Juvenile Board; WHEREAS, the Cameron County Juvenile Board has approved the program, policies and procedures under which CCJD/ARRJBC manages the facility; NOW, THEREFORE, the parties agree as follows: 1. To provide those juveniles housed in the RESIDENTIAL PLACEMENT CENTER operated by the CCJD/ARRJBC room, board, and 24 hour daily supervision and approved educational program, recreational facilities, and counseling. Such space and service shall be provided by CCJD/ARRJBC to CONTRACTOR on a space available basis. CCJD/ARRJBC and CONTRACTOR agree that except in emergency situations, CCJD/ARRJBC will give CONTRACTOR forty-eight (48) hours notice before terminating a juvenile. In an emergency situation, CCJD/ARRJBC will notify CONTRACTOR within twelve (12) hours of the juvenile's expected termination from the RESIDENTIAL PLACEMENT CENTER. 2. Medical: CONTRACTOR agrees to be responsible for payment for medical care to the juveniles and to pay for emergency examinations, treatments, and hospitalization in the event the parent of the child and/or the child's medical insurance does not cover the cost. CCJD/ARRJBC shall notify CONTRACTOR of any medical emergency or condition requiring medical care within one (1) regular working day of its occurrence. 3. Fees: For services rendered under this Agreement, CONTRACTOR shall pay the sum of SIXTY-FIVE DOLLARS ($65.00) per day per child for each day the CONTRACTOR has juveniles in the ARRJBC. Charges will include the day of admittance, regardless of hour of admittance; plus the number of days until released, including day of release, regardless of hour. 4. Payment: Payment shall be made monthly within thirty (30) days after receipt by CONTRACTOR of CCJD/ARRJBC monthly invoicing. Payment shall be made to Cameron County Juvenile Probation Department, PO Box 1690, San Benito, TX. 78586 2 5. Conditions for placement: When a juvenile is transported to the ARRJBC operated by CCJD, the officer effectuating the transfer should have the following with hire: (1) Two copies of the signed Dispositional Order with the conditions ordering the child into placement; and (2) Parents' notification of child's whereabouts. 6. CCJD/ ARRJBC will provide transportation of youth placed at our facility. 7. Operation of the Program will be in compliance with all applicable standards for secure post adjudication as promulgated by the Texas Juvenile Probation Commission (TJPC). 8. No mechanical restraints will be used on a child placed by the CONTRACTOR, except with prior written authorization from a physician in life threatening situations and except when necessary and in accordance with applicable TJPC standards. 9. CONTRACTOR may examine and evaluate the services and the records maintained by CCJD/ARRJBC under this contract, and CCJD/ARRJBC will furnish such information relating to these services and records as may be requested by CONTRACTOR, including but not limited to all clinical and fiscal information and the results of any and all audits conducted by TJPC, relating to youth referred under this Contract. 10. Confidentiality and Indemnification: In consideration of CCJD/ARRJBC and/or its representatives or agents agreeing to provide access to information or records pertaining to a juvenile placed in the BOOT CAMP by CONTRACTOR CONTRACTOR agrees to indemnify and hold harmless CCJD/ARRJBC for any damages and/or claims, including, but not limited to attorney's fees incurred in the event that any breach of confidentiality occurs as a result of CCJD/ARRJBC providing the information or records to CONTRACTOR. 11. CCJD/ARRJBC accepts, as the application for admission, The State of Texas Common Application For Placement of Children in Residential care (form 2087) for placement of CONTRACTORS children. 12. CCJD/ARRJBC will provide all services in a manner which safeguards the health, welfare and safety of the children, to the maximum extent possible, and in the least restrictive setting possible. 13. CCJD/ ARRJBC will submit to CONTRACTOR at the end of each month a bill for services, which includes the following information for each youth referred to and served that month under this contract: the youth's name; the program to which the youth was admitted; dates that the youth was served, a description of the services provided; the amount of funds for which such youth is eligible from other funding sources (if applicable); and the amount of such funds collected by the Service Agency. 14. CCJD/ARRJBC shall identify goals and outputs and document measurable outcome which relate to program objectives. 15. Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. 16. CCJD/ARRJBC shall adhere to all applicable state and federal laws and regulations pertinent to the CONTRACTORS' provision of services. 17. CCJD/ARRJBC shall account separately for the receipt and expenditure of any and all funds received under this contract. 18. CCJD/ARRJBC shall maintain financial, programmatic, and supporting documents, statistical records, inventories of non-expendable property acquired and other records pertinent to claims submitted during the contract period for minimum of three years. If any litigation, claim, or audit involving these records begins before the three-year period expires, the Service Agency will keep the records and documents for no less than three years and 90 days and until all litigation, claims or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered in between the CONTRACTOR and CCJD/ARRJBC. "Contract period" means the beginning date through the ending date specified in the original contract. Contract extensions are considered to be separate contract periods. 19. If a youth makes an unauthorized departure from CCJD/ARRJBC, the CONTRACTOR shall be notified immediately. If the youth returns to ARRJBC within 10 days or prior to the last billing day of the month, whichever shall occur first, ARRJBC shall receive payment for those days the youth was absent from ARRJBC, but not to exceed ten days' payment. 20. The term of this Contract shall commence on October 1, 2005 and shall end on September 30, 20061 21. Either party may cancel this Contact for any reason, by providing written notice to the other party at least thirty (30) days prior to the cancellation date. 22. If CCJD/ ARRJBC fails to provide services according to the provisions of this contract, the CONTRACTOR may, upon written notice of default to CCJD/ARRJBC, terminate all or any part of the contract. Termination is not necessarily an exclusive remedy, but will be in addition to any other rights and remedies provided by law or under this contract. 23. This Contract may not be changed, modified or waived in whole or in part, except where done in writing signed by all parties hereto. 24. This Contract shall be construed under the laws of the State of Texas, and is performable in Cameron County Texas. 25. This Contract represents the entire agreement, and supersedes all previous agreements, whether written or oral, of the parties hereto regarding the subject matter here, and there are no promises, representations, terms, or other matters relating the subject matter of this Contract which are not included herein. 4 26. At the end of the contract term or other contract termination or cancellation, CCJD/ ARRJBC shall in good faith and in reasonable cooperation with the CONTRACTOR, aid in transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. NON APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted for the placement of residential services and funds are otherwise unavailable, by any means whatsoever, in any fiscal period in which the services are due under this Contract, then CONTRACTOR shall, not less than sixty (60) days prior to the end of such applicable fiscal period, in writing, notify the CCJD/ARRJBC of such occurrence. This Contract shall thereafter terminate and be tendered null and void on the last day of the fiscal period for which appropriations were made without penalty, liability or expense to CONTRACTOR of any kind, except as to (I) the services herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available and (ii) CONTRACTOR'S other obligation and liabilities under this Contract relating to, accruing or arising prior to such termination. COMPLIANCE WITH THE REQUIRED REGULATIONS, POLICIES AND PROCEDURES Comply with all applicable federal and state regulations and with Texas Juvenile Probation Commission (TJPC) policies and procedures regarding services delivered under this contract including, but not limited to: 1. EQUALOPPORTUNITY-Services; shallbeprovidedby CCJD/ARRJBC incompliancewith Title IV of the Civil Rights Act of 1984. CCJD/ARRJBC will not discriminate against any employee, applicant for employment, of client because of race, religion, color, national origin, age, or handicapped condition. CCJD/ARRJBC will take affirmative action to ensure that applicants are employed and that the employees, are treated during employment without regard to their race, religion, color, sex, national origin, age, or handicapped condition. 2. AMERICANS WITH DISABILITIES ACT-CCJD/ARRJBC expressly represents and warrants to the CONTRACTOR that the premises, the building in which the services are rendered and all parking, sidewalks and other appurtenances pertaining to such buildings have been constructed, maintained and operated, and shall continue to be used, maintained and operated in compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 89-670, 104 Stat 327 (1990), and all rules, regulations, and guidelines promulgated thereunder, as the same may be amended from time to time (the American Disabilities Act). 3. Texas Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4. Federal Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this contract 5. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. This provision does not limit the CONTRACTOR'S right of access to client case records or other information relating to clients served under this contract. The CONTRACTOR shall have an absolute right of access to, and copies of, such information. 771 l a7 6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services; offices as required by the Texas Family Code, Chapter 261. All reports must be made within 24 hours of the discovery of abuse or neglect. Additionally, a report must be made to the Texas Juvenile Probation Commission (TJPC) within 24 hours. 7. Verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety code. This verification and disclosure will be required of all who have direct contact with clients. 8. Comply with state and federal licensing and certification requirements, health and safety standards, and regulations prescribed by the United States Department of Health and Human Services and the Texas Juvenile Probation Commission (TJPC). NOTICES All notices to the Brazo County luvenile Probation Department shall be sent by certified or registered mail, addressed to: 1904 W. HWY 21, Brayan Texas 77803 to the Chief luvenile Probation Officer, Douglas Vance. All notices to Cameron County Juvenile Department/Amador R. Rodriguez Juvenile Boot Camp and Educational Center, shall be sent certified or registered mail, addressed to the Chief, Cameron County Juvenile Department, P.O. Box 1690, San Benito, Texas 78586, or at such an address as CCJD/ARRJBC may otherwise designate. EXECUTED IN DUPLICATE COPIES, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL, on the day of BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT BY: B DOUGLAS V CE Director/Chief Juvenile Probation Officer CAMERON COUNTY JUVENILE PROBATION DEPARTMENT BY: TOMMY RAMIREZ, JR. Chief Executive Officer BY: 2005. HON. BENJAMIN EURESTI Juvenile Board Chairperson 6 u 7~ PAGE Tyler Technologies, Inc. CUSTOM PROGRAMMING The Software Group Division PROPOSAL / COST ESTIMATE 65 lnte attonal Parkway Suite 2000 Plano, Texas 75093 (972) 713-3770 (Voice) (972) 713-3777 (Fax) 1116106 I Jeff Hobbs - Judicial Development CCM Eric Caldwell - Brazos County Information NA 36358 Technology Director Add the Tranasaction Report by Date Range and the Vertical Transaction Report by Date Range from the probation package to the CCM package. These reports are located at MM/R/3/3 and MM/R/3/4 in the probation package. Two reports in the probation package need to be moved into the CCM package. These reports need to be moved with the change to the arresting agency that is being added in with work order 35431. These reports will need to be added to the Fee Collection Report menu. The reports work off of the same files as the probation reports and should require minimal changes from the probation version. This proposal is an estimate of the effort and cost for the above described project and is based upon information provided and known to TSG at the time the estimate was prepared. Effort estimates for programming services are often difficult to determine before a project is started or a considerable amount of effort has been dedicated to completing a detailed specification. The scheduling for this project will be based upon resource availability and other pending projects at the time you authorize TSG to proceed with this project. All services performed for this project will be subject to the terms and conditions of TSG's standard "Programming Services Agreement. Under the terms of this agreement, if actual charges would exceed our Time & Materials charge estimate by more than 50%, you have the right to terminate this project. For more information about this project, please contact the "Prepared By" person above. TIME & MATERIALS This is an estimate. You will be billed foractual hours Progra11 g Hoars sa a PerHau r&M Esitnete ® worked, which may be higher or lower than the T&M Estimate. See terms above. $ 125.00 $1125.00 F1 FIXED QUOTE Flxeo787 5; to You will be billed a fixed amount, regardless of the estimated effort required to complete fhe project. 51687.50 By signature below I authorize TSG to proceed with this project subject to the terms and conditions of TSG's standard "Programming Services Agreement". By initialing adjacent to either "Time & M Is" or "Fixed Quote" above I have indicated the type of billing for this project. NOTE: The result of the programming service WIL be covered by existing maintenance agreements. DIRfCT6& OF TT Signature Title? VALID FOR 90 DAYS - RETAIN COPY FOR YOUR RECORDS ralesO a No. Work Order NO. 36358 tvlerulorb.:rt_ Tyler Technologies, Inc. CUSTOM PROGRAMMING The Software Group Division PROPOSAL / COST ESTIMATE tWO 1nteu,9ona1 Padk y Suite 2000 Rwo, Terns 75093 (972) 7133770 (Voice) (972) 713-3777 (Fax) 1116106 I Jeff Hobbs - Judicial Development JP Eric Caldwell - Brazos County NA 35357 Information Technology Director Add the Tranasaction Report by Date Range and the Vertical Transaction Report by Date Range from the probation package to the JP package. These reports are located at MM/R/3/3 and MM/R/3/4 in the probation package. Two reports in the probation package need to be moved into the JP package and added to the standard reports menu. These reports need to be moved with the change to the arresting agency that is being added in with work order 35431. These reports will need additional modifications due to the fact that the files from which the reports are run, are different in the JP package then in the probation and CCM packages. This proposal is an estimate of the effort and cost for the above described project and is based upon information provided and known to TSG at the time the estimate was prepared. Effort estimates for programming services are often difficult to determine before a project is started or a considerable amount of effort has been dedicated to completing a detailed specification. The scheduling for this project will be based upon resource availability and other pending projects at the time you authorize TSG to proceed with this project. All services performed for this project will be subject to the terms and conditions of TSG's standard "Programming Services Agreement". Under the terms of this agreement, If actual charges would exceed our Time & Materials charge estimate by more than 50%, you have the right to terminate this project. For more information about this project, please contact the "Prepared By" person above. © TIM E & MATERIALS This is an estimate. You will be billed for actual hours ProgramNng Hours Rate Per Hour T&M Estimate worked, which may be higher or lower than the T&M Estimate. See terms above. 18 $ 125.00 $2250.00 ❑ FIXED QUOTE Fired Moe Quote You will be billed a fixed amount, regardless of the estimated effort required to complete the project. $3375.00 By signature below I authorize TSG to proceed with this project subject to the terms and conditions of TSG's standard "Programming Services Agreement". By initialing adjacent to either "Time & Mat Is" or "Fixed Quote" above I have indicated the type of billing for this project. NOTE: The result of the programming service IL be covered by existing maintenance agreements. X l/ ~//'2 _~IREGTOk dF Tr Signature Title Date o(k Order VALID FOR 90 DAYS - RETAIN COPY FOR YOUR RECORDS Sales Ode No. w36 .8 No. 36358 tvler ugorks. --?6 r= 13() 1 Parkway 6500Intemaiion te 2000 S Tyler Technologies, Inc. CUSTOM PROGRAMMING Suite 2000 Plana, Texas 75093 The Software Group Division PROPOSAL / COST ESTIMATE (9772) 77 '972) 713'(Fax) 33777777 (Fax) 1116106 I Jeff Hobbs - Judicial Development PROBATION Eric Caldwell - H100122 35431 Brazos Cnty Info. Technology Director Add arresting agency to the Transaction Report by Date Range (MM/R/313) and the Vertical Transaction Report by Date Range (MM/R/3/4) in Probation. A modification will need to be made to the Transaction Report by Date Range and to the Transaction Report by Date Range Vertical to add an arresting agency column to these two reports. The reports will need to be modified to make room on the reports for the arresting agency field. Note: Estimate time includes installation and verification of modified programs on the This proposal is an estimate of the effort and cost for the above described project and is based upon information provided and known to TSG at the time the estimate was prepared. Effort estimates for programming services are often difficult to determine before a project is started or a considerable amount of effort has been dedicated to completing a detailed specification. The scheduling for this project will be based upon resource availability and other pending projects at the time you authorize TSG to proceed with this project. All services performed for this project will be subject to the terms and conditions of TSG's standard "Programming Services Agreement". Under the terms of this agreement, if actual charges would exceed our Time & Materials charge estimate by more than 50%, you have the right to terminate this project. For more information about this project, please contact the "Prepared By" person above. TIME & MATERIALS This is an estimate. You will be billed for actual hours Pregmnrring Hours Rate Per Hour T&M Estimate worked, which may be higher or lower than the T&M Estimate. See terms above. 6 $ 125.00 $1000.00 F7 FIXED QUOTE Fixed Price Quote You will be billed a fixed amount, regardless of the estimated effort required to complete the project. $150000.0 .00 By signature below I authorize TSG to proceed with this project subject to the terms and conditions of TSG's standard "Programming Services Agreement". By initialing adjacent to either "Time & Ma ' Is" or "Fixed Quote" above I have indicated the type of billing for this project. NOTE: The result of the programming service IL ~ covered by existing maintenance agreements. X6Djercrce of TT 1&Ih QC, Signature Title ante VALID FOR 90 DAYS - RETAIN COPY FOR YOUR RECORDS Sales Order Na. work Ober NO. 35431 tvIer works, ~lo.a'f.~~ 131 EMERGENCY MANAGEMENT DIRECTOR/COORDINATOR NOTIFICATION Section 418.101 of the Texas Government Code provides that the presiding officer of each political jurisdiction of the State shall notify the Division of Emergency Management (DEM) of the manner in which the political subdivision is providing an emergency management program and identify the person who heads that program. This form is used to make the required notification to DEM. If the jurisdiction is party to an inter jurisdictional emergency management program and the same individual has been appointed as the Emergency Management Coordinator for two or more jurisdictions within the county, the County Judge and the mayors of all cities participating in the inter-jurisdictional program must sign this form. Additional signature blocks are provided on the reverse. This information on this form may be released to those inquiring about local emergency management programs and others pursuant to the Texas Open Records Act. Hence, DEM recommends that you provide business addresses and telephone numbers rather home addresses and telephone numbers. Please PRINT or TYPE PRESIDING OFFICER City/County Title County Judge Mayor Name rh Mailing Address suite 14 City, State, Zip Office Phone 4 'N -1 z - 102 Fax Number q7q - 3 1 - 4(S O3 E-mail Address f a EMERGENCY MANAGEMENT PROGRAM STATUS ❑ I HAVE NOT appointed an Emergency Management Coordinator and will personally direct the local emergency management program. I HAVE appointed/re-appointed the Emergency Management Coordinator identified below to conduct the emergency management program for this jurisdiction. The effective date of appointment is: EMERGENCY MANAGEMENT COORDINATOR Name Title r C~ nE Mailing Address = City, State, Zip el-)~ T Office Phone 9 7 Fax Number E-mail Ad s e- Judge's or yor's ignature Date PLEASE RETURN TO: State Coordinator Division of Emergency Management Texas Department of Public Safety PO Box 4087-0220 Austin, TX 78773-0220 FAX: (512) 424-2444 DEM-147 Rev 04/04 13a BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 560010 DATE OF COURT MEETING: January 31, 2006 ITEM: Request from Verizon Communications to construct buried cable installations in the right of way of Carrabba Road beginning at SH 21 extending southeast for a distance of 1354 feet. Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3-5' of and parallel to the right-of-way line and/or 2) in the case of a road bore, perpendicular to the right-of-way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right-of-way. 4) Ditch line shall be compacted to 90% standard density ASTM-Test Method No. D-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUBMITT D BY: R hard F. Vance, P.E. County Engineer 0006-009 APPROVED BY: 10 2~ - Commissioner E. Duane Peters Precinct 2 This Request is Approved W /,Denied ❑ by Commissioners' Court Date: ~ ~ ~ 33 Engineering & Planning 301 Industrial Blvd. Bryan, TX 77803 February 2, 2005 GARY ARNOLD Brazos County Engineering Office County Engineer 2617 W. Hwy. 21 Bryan, TX 77803 Dear Mr. ARNOLD: Subject: AGRMNTS 24 BURIED CABLE Enclosed are From ED-135 and a work location sketch showing the location of our proposed buried cable line on county roads in Brazos County at Bryan, Texas. This work is to be completed on Work Order 5413-3POAOBR which is scheduled for February EIGHT 2005. If you have any questions concerning this work, please contact ANTHONY VITANZA at our office in Bryan, telephone 979-821-4754 within 15 days so that we may explain of modify our proposal, otherwise, it is understood that this proposal is approved. Sincerely, Q,- rn &wu~a- JIM SURVANT Supervisor - Network Engineer JS:ec Attachment v k 4*0'/ I-~-3'0~ 10, - 13 4 14, Av 14 pre.+' VERIZON COMMUNICATION Notice of Line Installation To The Commissioner's Court of Burleson County ATTENTION COUNTY JUDGE: January 18, 2005 Formal notice is hereby given that VERIZON COMMUNICATIONS will construct a communication line within the right-of-way of a County Road in BuNeeon- County, Texas as follows: &A Zo 5 BEGINNING AT THE INTERSECTION OF CARRABBA RD AND HWY 21 E A CABLE WILL BE BURIED 5' WITHIN AND ALONG THE WEST ROW OF CARRABBA RD FOR 1354 FT TO POINT OF END WHERE CABLE WILL ENTER AND EASMENT AT THE SKYLARK SPRINGS SUBDIVISON. The location and description of this line and associated appurtenances is more fully shown by three (3) copies of drawings attached to this notice. The line will be constructed and maintained on the County Road right-of-way in accordance with governing laws. Notwithstanding any other provision contained herein, it is expressly understood that the tender of this notice by the Verizon Southwest Incorporated does not constitute a waiver, surrender, abandonment or impairment of any property rights, franchise, easement, license, authority, permission, privilege or right now granted by law or may be granted in the future and any provision or provisions so construed shall be null and void. Construction of this line will begin on or after February 8, 2006. VVE~ERIZON COMMUNICATIONS 7I1,'s Na~nt Supervisor-Network Engineer 301 Industrial Blvd. Bryan, TX 77803 5413-3POAOBR 7(e `2ir ),35 T O ~ 1' -DI = T m P T m ~ 9 ~ D P = m ~ 2 < SC Ran ~ m m g F€_ nN Y YOX1 O y r ff J z O m D m D m A N gNq'fQ(N$pxWINN N}~yjN%N N NYYD11On @N~J~'-~y\/ N ~NVIP LY V gU1~~,,IiI,,~~~ya x "4 U N O 0 NSNT:NN3m q. ~ B J N7y, T i9N J_N Nm pN r N m 4 4 p 'FJ '15W o- HWY 21 E L-10500 I. n- @ 1 I xrvoNxNONoN IT,1-u3' N - ~ m N m T=mom g N` ~ p 4 A " K D 9 m " f o da I ~ nxln~n nxNoenloNNxn%nXNxNx _m__S~8CS~Sm8 g"'8_ NnW3rir y ~ , , m b 3 I 1 p ymT~Y1N:DJNOmmNWBmONi~N~N , W q~q pp T a am nxnXnxn cm OO:.O~O~OUO +mIN-N _ W~ m N ~ p m m Iii Nm I I maNN~"m m .m mm °mm NinaWm mv C N n 3 i • _ - _ ~NN~O N I N NONW O NON nNONO 1mmN m m C mgm m 1 1 I P _ _ _ j WNIJN TVN "Ny O N N N m n~Cm3. m i ' I ~ N%NXN%NoN p%Dm;• Oln N o 1 W x ('1 nNmm~ " m o ma•Wj g m I ' NN I Pf N• Nawm g a~N - maN_ d m ~ _ a NNUIW N I 1^,1- " v v m ~P x 9n W N ~ I 1 m m W I m I 4 ~ 4 O 1 1 yD cZ . n%n Nn n%nXn N1 Yn• ~ Y Z ' I I I m NxNxNxNNnxN N NxN 9pln~ ~ ~ 4 aN x °m mV~V pp p 11JJ ~1yy ~ m W ~ W N p D ~ $i I q. 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CD N I 1 GNN91b ~ryd~ry9n, N I }k Yk..gi ITD CABLE j• 5' 1 m v' Wa m 4 • I 1 1 • 1 1 d 1 9 NI NI NpNVOw z O CN3N mNNpN aNN~ 9 m i n B"q,'~~~$m N ! i i A ~~N~~~ ~ I 1 I m ~S$~a VVV 1 1 D v m 1 1 1 i t CABLE 1 5' m 1 I ~ 1 I DNNnV q• ~A . ~ ~ ~ ~NN9T y1y11 [/W~) f.l I I I ="~~m: Ti l~ m :E i i n N~ v u i i r 9 w 11 I 9~9'mz$ .n m 4 i~ i m a s~ SEE WP 7 xn.n acx• nnxn., NoG^vNWp9 NN ~ m°~ ' nx: ~=m~m ~m~mWr 'WNeNNa N ~ .OUs N~a BO~ ~ Nw P a . 0 ~ w am=~ 4 :m m $N~, a Upm ~.n. ~8mo =~~8.mm~ , NIN11i~ m D WN m e y J nNIN.1 m n Nn 9 ~T a3 V N(o ~p •2050959 2423.10 1031 4255 CARRABBA RD L10609/PD 4255/T•12050959 C2.376-400 W$wo~ri~m p iNm~N~` ~ m Nwmm B 4 4 ti •2050960 2423.10 1031 25-FC 4293 CARRABBA RD Ipl L10609/PD 4293/T•l2050960 C2.376-400 FTPELINE T O ~ , O < m m 9 m n~ ~ y ~ p N f z O m 0 m D o r{ >Y 1° A O m ~ , P y n a P x m ~ N ~ I 1 NpON~BmgP~mON~NgNT.VVU qiN NGGW mmP Tm 61LWKu-N a v'CmUVm a NOUi Nd E,D IAD1031 4 43S3 RA L10609/PD 4353/T•12050962 C2.376-400 -)4 137 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 -t 23 DATE OF COURT MEETING: January 31, 2006 ITEM: Request for permission to enter Albert Bonifazi's property located off Ferrill Creek Road for the purpose of clearing additional right of way, if needed, to move existing fence line to the agreed upon new right of way line and to clean out the channel, if needed to allow for the construction of a new bridge at Ferdll Creek: for the health, safety and welfare of the general public Site is located in Precinct 2. SOURCE OF FUNDS: N/A PRESENTATION: Site will be maintained as needed. SUBMITTED BY: 4RicardeF. Vance, P.E. County Engineer 0006-011 This Request is Approved Date: 11,?LA20u,,_ APPROVED BY:. Commissioner E. Duane Peters Precinct 2 (or) Denied by Commissioners' Court Randy Sjnfs, County Judge '7l 13 9 4,Ify ~'a Ji. JI, 111', BRAZOS COUNTY PRIVATE PROPERTY ACCESS PERMISSION FORM Randy St. Brazos County Judge Lloyd Wassenan Conrissioner PM 1 Wane Peters Connissioner Pcl2 Kenny Mallard Condssioner Pct 3 Carey Cauley Condssimer Pct 4 DATE: 1-18-06 1. LAND OWNER AND ADDRESS: Bonifazi Farms Il' LOCATION OF WORK: Ferrill Creek Road III. DESCRIPTION OF WORK TO BE DONE: Permission to enter property to clear additional right-of-way, if needed, to move existing fenceline to the agreed upon new right-of-way line, and to clean out the channel, if needed, to allow for the construction of a new bridge at Ferrill Creek. IV. MAINTENANCE YES XxX NO IF YES, ESTIMATE FREQUENCY OF MAINTENANCE As needed (Owner will be notified prior to maintenance.) Richard F. Vance, P.E~ ` EngineeLAjdB -wman/Ri of Way Agent County Engineer Owner's Signature: Date: BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 560010 x DATE OF COURT MEETING: January 31,, 2006 ITEM: Consider and take action on request from Smiling Mallard Development for approval of the following variances to the Brazos County Subdivision and Development Regulations in the proposed Indian Lakes Phase 9, also known as The Settlement, a private gated community: (1) allow Developer to plat only utility easements along the front and rear of each lot and (2) allow for a 3' building setback on the left side lot line and a 12' building setback on the right side lot line See attached letter of presentation_ Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: Brazos County will not maintain private subdivisions or behind gates. SUBMITTED BY: Richard F. Vance, P.E. County Engineer 0006-012 This Request is Approved Date: APPROVED BY: Commissioner Lloyd Wassermann Precinct 1 _ (or) Denied by Commissioners' Court 1'~~ -76 SMD SMILING AL4LLARD DEVELOPMENT, LTD. December 15, 2005 Gary Arnold Brazos County Road & Bridge 2617 Hwy. 21 West Bryan, Texas 77803 Dear Gary: Attached is a Request for Variance to the Brazos County Subdivision Regulations along with a copy of the Preliminary Plat for Indian Lakes Phase 9 (The Settlement Patio Homes). We previously submitted and were approved for Variances to the Subdivision Regulations a few months ago, but have slightly altered our proposed positioning of the patio homes on the lot. The Variance Request details our proposal. Please review and submit to the Commissioner's Court at your earliest convenience. If you have any questions or comments, please feel free to contact me. CTha~nks, d~ ~ ~ nek Travis Marti Design & Construction Manager Smiling Mallard Development, Ltd. L94 I / -02 3 -0 to t4i~ 10 / Pj'C;t-t .46~ Administrative Offices 3608 E. 29"Street, Suite 100 • Bryan, Texas • 77802 Phone: (979) 8464384 • Fax: (979) 846-1461 -7~ 14I INDIAN LAKES PHASE IX (THE SETTLEMENT) VARIANCE REQUEST General Notes In September 2005, the Commissioner's Court approved the following Variances for the proposed project represented by this Preliminary Plat: • Lot Width - The Developer requested and obtained approval on a Variance of lot widths less than 100'. • Right-of-Way Width - The Developer requested and obtained approval on a Variance for a 28' private drive right-of-way, with a 24' pavement section, for this proposed development. • Front Lot Setback- The Developer requested and obtained approval on a Variance for a 20' front setback for each lot within the proposed development. • Front Lot Utility Easement - The Developer requested and obtained approval on a Variance for a 10' front lot utility easement for each lot within the proposed development. • Side Lot Setback - The Developer requested and obtained approval on a Variance for a 7.5' side lot setback for each lot within the proposed development. • Side Lot Utility Easement - The Developer requested and obtained approval on a Variance for a 7.5' utility easement along the side lot lines for each lot within the proposed development. • Maximum Dwelling Units Per Acre & Lot Size - The Developer requested and obtained approval on a Variance for lot acreages less than 0.5 acres. Requested Variances The Developer is requesting a Variance consideration for the following items: Side Lot Utility Easement and Building Setback Lots in the ETJ are required to provide a 10' utility easement along all property lines. The Developer is requesting a Variance that would allow the Developer to only plat utility easements along the front and rear of each lot. Lots in the ETJ are required to provide a 10' building setback along all side property lines. The Developer is requesting a Variance that would allow for a 3' building setback on the left side (facing the rear of the lot) lot line and a Variance that would allow for a 12' building setback on the right side (facing the rear of the lot) lot line. Basis for the Request: The -proposed development will consist of 44 patio homes. The proposed building setbacks would allow for the placement of the home to slide towards one side of the lot and provide for a single, much larger and more usable side yard. This contrasts traditional home placement, where the home is centered on the lot, in which case two smaller, less usable side yards are created. By shifting the home and opening up a larger side yard, the Development would be providing homeowners a more enjoyable and less cramped side yard and back yard setting. Page 1 of 2 . -2~ 14A INDIAN LAKES PHASE IX (THE SETTLEMENT) The 3' setback proposed reflects the minimum lot line setback requirements of the 2003 International Residential Code, Section RR302, Location on Lot, with respect to fire protection setbacks. Combining the proposed 3' and 12' setback creates a home separation distance of 15', which is the same separation distance created by the City of College Station's minimum side setback requirements (7.5'+ 7.5'= 15') for similar type developments within the city limits. With respect to the utility easements, the developer feels that providing utility easements along the front and rear of each lot would be sufficient to satisfy any reasonable future utility expansion needs for this project. Lake Arapaho, a conservation buffer, Indian Lakes Drive, and an HOA area for the Indian Lakes development bound the property. Any future expansion beyond the boundary of the proposed development that would require utility service extension through the proposed development is extremely unlikely. Page 2 of 2 .7(o )43