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Parker County Depository Banks RFP PC15-10 1 COUNTY OF PARKER, TEXAS REQUEST FOR PROPOSALS DEPOSITORY BANKS For Parker County RFP PC15-10

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Parker County Depository Banks RFP PC15-10

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COUNTY OF PARKER, TEXAS

REQUEST FOR PROPOSALS

DEPOSITORY BANKS

For Parker County

RFP PC15-10

Parker County Depository Banks RFP PC15-10

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THE COUNTY OF PARKER STATE OF TEXAS

RFA #: PC15-10 FOR: Depository Banks OPENS: April 1, 2015; 10:00 AM CST

INSTRUCTIONS TO PROPOSERS Sealed proposals shall be received no later than 3:00 PM CST, April 1, 2015 in the office of the Purchasing Department located at 1112 Santa Fe Drive, Weatherford Texas. Parker County appreciates your time and effort in preparing a Proposal. Please note that all Proposals must be received at the designated location by the deadline shown. However, if Parker County offices are closed due to bad weather or an emergency, proposals will be accepted and opened the following business day at the prescribed time. Proposals are solicited for furnishing the merchandise, supplies, services and/or equipment set forth in this proposal. ONE (1) COMPLETE TYPED ORIGINAL and One (Digital) Copy, must be submitted in a sealed envelope with the words clearly marked on the outside "Sealed Proposal – Depository Banks for Parker County", on or before April 1, 2015, 3:00 PM CST the above prescribed opening date. Please address your Proposals to:

Parker County Purchasing Attention: Deena Nichols

1112 Santa Fe Drive Weatherford, TX 76086

LATE PROPOSALS WILL NOT BE ACCEPTED AND WILL BE RETURNED UNOPENED.

PROPOSALS, IF NOT COMPLETE, COULD BE CONSIDERED NOT RESPONSIVE. ALL QUESTIONS ARE TO BE ANSWERED AND ALL FORMS ARE TO BE SUBMITTED. QUESTIONS CAN BE ANSWERED IN SPACE PROVIDED OR IN SEPARATE FORMAT. PLEASE IDENTIFY SECTION AND NUMBER.

It is the intent of Parker County to execute a contract with a bank desiring to be designated as the County Depository Bank and/or sub depository bank for our satellite locations if necessary. Request for Proposals (hereafter “the RFP”) is to identify the financial institution (hereafter “the Depository”) that will provide the highest quality service at the lowest aggregate cost to the County. By returning the Proposal Worksheet, Bank acknowledges that it understands the Revised Civil Statutes of Texas (Article 2544, et.seq. of the Revised Civil Statutes of Texas, as revised by Local Government Code, Chapter 116.000 through 116.155 as passed by the 70th leg. 1987;) that pertain to the managing and safekeeping of County funds and will comply with those statutes. Proposals may be withdrawn any time prior to the official opening. Alterations made before opening time must be initialed by proposer guaranteeing authenticity. Proposals may not be amended, altered or withdrawn after the official opening, except as allowed by State law.

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Parker County is exempt from federal excise and state sales taxes, ad valorem taxes and personal property taxes; therefore, tax must not included in proposals tendered. Proposal prices offered must be complete and all-inclusive. Parker County will not pay additional taxes, surcharges or other fees not included in proposal prices. The undersigned agrees, if this proposal is accepted, to furnish any/all items upon which prices are offered, at the prices and upon the terms and conditions contained in this document. The period for acceptance of this proposal will be 60 calendar days unless a different period is noted. Parker County expressly reserves the right to accept or reject in part or in whole any proposals submitted, and to waive any technicalities or formalities, considered to be in the best interest of Parker County. Parker County further reserves the right to award proposal as unit price or lump sum as it deems to be in the best interest of the County. This proposal, accompanying documents, and any negotiated terms, when properly accepted by Parker County, shall constitute a contract equally binding between the successful offerer and Parker County. No different or additional terms will become part of this contract with the exception of a Change Order. No public official shall have interest in this contract, in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. The offerer shall not accept or offer gifts or anything of value nor enter into any business arrangement with any employee, official or agent of Parker County. All vendors must disclose any relationships personal or business to the Parker County Commissioners Court. Failure to do so will result in immediate cancellation of the contract. Successful offerer shall defend, indemnify and hold harmless Parker County and all its officers, agents and employees from all suits, actions, or other claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons, or property on account of any negligent act or fault of the successful offerer, or of any agent, employee, subcontractor or supplier in the execution of, or performance under, any contract which may result from proposal award. Successful offerer shall pay any judgment with cost, which may be obtained, against Parker County growing out of such injury or damages. This contract shall remain in effect until the contract expires, or until delivery/completion and acceptance of products and/or services ordered, or terminated by either party with a thirty (30) days written notice prior to any cancellation. The successful offerer must state therein the reasons for such cancellation. Parker County reserves the right to award canceled contract to next lowest and best proposal as it deems to be in the best interest of the County.

Parker County reserves the right to enforce the performance of this contract in any manner prescribed by law or deemed to be in the best interest of the County in the event of breach or default of this contract. Parker County reserves the right to terminate the contract immediately in the event the successful proposer fails to: 1.) Meet delivery or completion schedules, or 2.) Otherwise perform in accordance with these specifications. Breach of contract or default authorizes the County to award to another offerer, purchase elsewhere and charge the full increase in cost and handling to the defaulting successful offerer.

The successful offerer agrees to protect Parker County from claims involving infringements of patents and/or copyrights.

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Under this contract, Parker County may appoint a contract administrator with designated responsibility to ensure compliance with contract requirements, such as but not limited to, acceptance, inspection and delivery. The contract administrator will serve as liaison between the Parker County Purchasing Department (which has the overall contract administration responsibilities) and the successful offerer. The successful offerer shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Parker County. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. Please see Attachment for additional terms and conditions.

Funds for payment have been provided through the Parker County budget approved by Commissioners Court for this fiscal year only. State of Texas statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Parker County fiscal year shall be subject to budget approval.

Please Note: Please note that if any portions of this contract become void the remaining items will still be in effect. Proposals will be received and publicly acknowledged at the location, date and time stated above. Offerers, their representatives and interested persons may be present. The Proposals shall be reviewed and acknowledged only so as to avoid disclosure of the contents to competing offerers and kept secret during negotiations. However, all Proposals shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the proposal and identified by offerer as such. The undersigned affirms that they are duly authorized to execute this contract; that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other proposer, and that the contents of this proposal as to prices, terms or conditions of said proposal have not been communicated by the undersigned nor by any employee or agent to any other proposer or to any other person(s) engaged in this type of business prior to the official opening of this proposal. And further, that the manager, secretary or other agent or officer signing this proposal is not and has not been for the past six months directly or indirectly concerned in any pool or agreement or combination to control the price of supplies, services or equipment proposal on, or to influence any person to proposal or not to proposal thereon.

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PART I:

DEPOSITORY FOR COUNTY PUBLIC FUNDS I. BACKGROUND

A. As established in the Local Government Code, Parker County must seek proposals from banks seeking to provide banking services. B. The specific references governing these services are: 1. Local Government Code Chapter 116 2. Local Government Code Chapter 117 3. Government Code Chapter 2257

C. The text of these governing statutes may be obtained at http://www.statutes.legis.state.tx.us

D. Duration: The Bank contract will be effective for a period of two (2) years or four (4) years, as awarded by Commissioners Court, and ending sixty (60) days from the time fixed by law for the next selection of a depository, with an option to renew for the same period as allowed by law. If a timed deposit maturity extends beyond the expiration date of the depository contract, the depository will pledge sufficient securities required by law for public funds to Parker County to provide for the maturity of the time deposit.

II. STATUTORY PARAMETERS

A. Texas Local Government Code Section 116.024 sets forth the requirements a County must follow in the selection of financial institutions seeking to be named as the County Depository. This section also governs many of the daily operational aspects of the relationship. Government Code 2257 also governs the requirements of securing public funds. The selection of Depository for Certain Court Registry funds pursuant to Local Government Code Chapter 117 is included in this solicitation. It is likely that the same financial institution will be named for each of these three separate contracts, however, this is not required by the statutes.

III. GENERAL SERVICES A. Services required center on two primary functions:

General checking accounts and related information access Cash management services, including securities safekeeping

B. Because of our current understanding of Governmental Accounting Standard Board authoritative promulgation, we do not anticipate purchasing investment securities from any entity with ownership within the financial institutions overall corporate structure of the depository bank.

IV. SPECIFIC SERVICES REQUIRED (Not every account will require services below)

A. The ability to electronically access account balances and transaction information daily from a personal computer designated by the County Treasurer. B. Cancelled checks returned with monthly statement on some accounts, and returned as an electronic image of both sides of the cancelled checks monthly on other accounts.

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C. Service charges for monthly service included in a monthly analysis format for each account, and on a group summary basis. D. Reasonable rate of return on deposit balances. Interest earning checking accounts, unless specific by the County. Please describe the method that will be used to determine the interest earning. E. Ability to prevent check fraud by prior authorization of issued checks (“positive pay”) and ability to restrict electronic withdrawals by ACH debit block. F. Monthly account statements delivered in electronic file format, as well as paper. H. Full monthly account reconciliation services on selected accounts. H. On-line and dial-in stop payment process. I. Zero balance accounts. J. Controlled disbursements account. K. Securities safekeeping services to include: (1) Safekeeping, (2) Daily transaction reporting, and (3) Month end portfolio reporting to include market value for all securities held. L. Wire transfer capability using the internet with dual control security features. M. Direct deposit payroll processing. N. Price break for deposits encoded with MICR line by County RPS system. O. Ability to have deposit slips on selected accounts to have location codes or transmittal numbers as identifiers on all electronic bank transactions reports. P. Electronic transmission for daily activity of debits, and credits including identifier codes available with the monthly bank reconciliations. Q. Ability to process converted paper checks to ACH transactions with a review of checks to determine whether they meet the standards for Accounts Receivable Conversion (ARC) eligibility. R. Credit card merchant account service. T. OPTIONAL 1. Free or reduced rate banking privileges for all county employees.

2. Free check cashing privileges for all county employees at any bank location.

2. Free check printing for county accounts.

3. Reduced consumer loan rates for county employees.

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4. Enhanced deposit interest rate for county employees.

5. Free on-line access and bill paying service for county employees with personal

accounts in the depository.

V. STATISTICAL INFORMATION A. COUNTY

1. The County currently maintains approximately 23 accounts for the various departments and elected county offices (excluding trust and registry funds of the County Clerk and District Clerk). The highest daily balance experienced in the past year was approximately $8,101,381.15 on December 31, 2014. The normal average daily balance of the 23 accounts was approximately $424,037.57 for the months of March to November. These numbers represent the levels of collateral/security that will be required for our accounts. It shall be the responsibility of the bank to ensure that on a daily basis the value of the collateral exceeds 110% of that day’s beginning ledge balance of County’s funds. Collateral must be held at a mutually agreeable third party financial institution (such as a federal reserve bank) subject to a fully executed tri-party collateral agreement. Furthermore we expect high quality collateral at least half of which are classified as “full faith and credit” direct instruments of the United States with a maturity not longer than 5 years from the date of the pledge. The balance can be composed of US government agency securities with a maturity not longer than 5 years from the date of the pledge. 2. Be advised that any release or substitution of collateral must be approved by the Commissioner’s Court and this process can take up to two weeks from notice. 3. The County’s operation, excluding the Tax office, is fairly routine in its daily operation. There are no real significant volume differences from month to month. Summer months are generally a little less active due to vacations, but these volume differences are minor.

VI. SPECIFIC PROPOSAL REQUIREMENTS

A. An executive summary including specific locations where County offices may be served under the relationship.

B. Statement as to how the institution intends to secure our deposits. C. Description of where securities safekeeping is located.

D. A complete fee schedule for all services offered by the institution under the relationship. E. An explanation of any elements identified as REQUIRED that cannot be offered. F. The proposal must state the amount of the bank’s paid-up capital stock and permanent surplus, and the proposal must be accompanied by a statement showing the financial condition of the bank on the date of the proposal.

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G. A complete explanation of any terms included in the attached sample contract that would not be acceptable to the bank.

VII. EVALUATION CRITERIA FOR PART I – DEPOSITORY FOR COUNTY PUBLIC FUNDS A. The evaluation will be made in accordance with Texas Local Government Code 116.024 SELECTION OF DEPOSITORIES AND SUBDEPOSITORIES. In the event all banks submitting proposals agree to all required elements indicated on the respective checklists, the selection will be based substantially on the pricing information, funds availability furnished by the banks, ability to meet technological requirements, prior performance with the County and the best interest of the County. In instances where all required elements are not offered, the evaluation of the proposal will attempt to quantify the value of the missing services for the final evaluation. The County intends to award a contract to the vendor whose proposal, conforming to the RFP, is the most advantageous on the basis of "best value" for all products, services and requirements contained herein.

VIII. ALTERNATIVE PRICING PROPOSALS

A. In the event a bank proposes using surety bonds as a component or exclusively for security of funds under the DEPOSITORY FOR COUNTY PUBLIC FUNDS, we request an alternatively priced proposal for a contract based on direct or indirect US Government securities held in safekeeping under a pledge agreement with a third party financial institution not affiliated with the proposing bank.

PART II: SUB-DEPOSITORIES FOR COUNTY PUBLIC FUNDS

I. STATUTORY PARAMETERS

A. Texas Local Government Code Section 116.024 also sets forth the requirements a County must follow in the selection of financial institutions seeking to be named as a Sub-Depository. This selection also governs many of the daily operational aspects of the relationship. Government Code 2257 also governs the requirements of securing public funds.

B. We are hopeful that all of our banking needs will be met by a single financial institution; however, we will consider proposals from banks seeking to serve individual locations.

C. The proposal must include: 1. Executive summary including the specific locations the proposal applies to.

2. The proposal must state the amount of the bank’s paid-up capital stock and permanent surplus, and the proposal must be accompanied by a statement showing the financial condition of the bank on the date of the proposal. 3. Statement as to how the institution intends to secure our deposits. 4. A complete fee schedule for all services offered by the institution under the relationship. 5. Statement as to interest rate to be paid on account balances.

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II. EVALUATION CRITERIA FOR PART II – SUBDEPOSITORIES FOR COUNTY PUBLIC FUNDS A. The evaluation will be made in accordance with Texas Local Government Code 116.024 SELECTION OF DEPOSITORIES AND SUBDEPOSITORIES. In the event all banks submitting proposals agree to all required elements indicated on the respective checklists, the selection will be based substantially on the pricing information, funds availability furnished by the banks, ability to meet technological requirements, prior performance with the county and the best interest of the County. In instances where all required elements are not offered, the evaluation of the proposal will attempt to quantify the value of the missing services for the final evaluation. The County intends to award a contract to the vendor whose proposal, conforming to the RFP, is the most advantageous on the basis of "best value" for all products, services and requirements contained herein.

PART III: DEPOSITORIES FOR CERTAIN TRUST FUNDS AND COURT REGISTRY FUNDS

I. STATUTORY PARAMETERS

A. Local Government Code Section 117.023 governs the selection and operations of the financial institution for these deposits. These deposits consist of three types of accounts, for both the County Clerk and the District Clerk. The account types are:

1. Cash Bond Deposits 2. Un-invested Deposits

3. Deposits invested pursuant to District or County Court orders and generally governed by Chapter 42 of the Texas Property Code.

II. GENERAL SERVICES

A. For the County Clerk and the District Clerk, the financial institution will be expected to maintain:

1. One or more checking non-interest bearing accounts for Cash Bond Deposits and Un-invested Deposits; and one or more checking interest bearing accounts. 2. Individual time deposit accounts for Deposits invested pursuant to Court orders (invested deposits). 3. It is anticipated both Clerks will utilize the same financial institution, but this is not required. There will be separate contracts required for the District Clerk and the County Clerk.

III. SPECIFIC SERVICES REQUIRED: (Not every account will need services below)

A. The ability to electronically access account information (read only access…no transaction initiation) via internet daily from a personal computer (or computers) specifically designated by the respective Clerk.

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B, Cancelled checks will be reported at least monthly via an electronic image of both sides of the cancelled check. C. Service charges for monthly activity shall be included in a monthly analysis format. If the financial institution is also selected as the County Depository, these charges will be included with the County group summary. All bank fees and charges to be assessed must be included as an exhibit to the contract. D. A single monthly summary report via computer file itemizing detail of the beginning balance, all transactions and the ending balance for each invested deposit including accrued monthly interest. E. Annual “1099” and “time deposit” statements for each individual invested deposit should be delivered no later than 30 days after the end of the calendar year.

1. These investments by District Clerk should be delivered in account number order. 2. These investments by the County Clerk should be delivered in alphabetical order. 3. Time deposit statements should include the interest earned during the year and the balance at the calendar year end.

F. Assigned/named local customer service staff to respond to daily operational inquiries and difficulties.

G. Provision governing interest earnings on invested deposits waiving any early withdrawal penalty. H. Provisions allowing recurring and/or periodic additional deposits to existing invested deposits. I. Provisions allowing recurring and/or periodic disbursements from existing invested deposits. J. Competitive rate of return to be determined by proposal with a minimum of 15 basis points over the bank’s guaranteed rates at the time of deposit. A comprehensive description of the method used to determine the interest rate for the invested accounts will be expected, including any relationship to independent indexes. K. Ability to prevent check fraud by prior authorization of issued checks (“positive pay”) and ability to restrict electronic withdrawals by ACH debit block. L. The District Clerk requires the ability (at least annually upon request by the Clerk) to have the interest rate on all custodial accounts re-set to current market rates, if the current rate is greater than the stated rate on the account. There shall not be a maximum rate of interest. If the financial institution is also selected as the County Depository, each Clerk shall have the right to add any of the recited specific services required of the Bank Depository for County Public Funds at the fees specified in the County’s contract.

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M. OPTIONAL 1. Any other services the proposing financial institution would like to offer.

2. Each Clerk desires the ability to ensure a reasonable rate of return is earned on funds held as custodians for parties to cases during the entire time period such funds are on deposit. Within the limits imposed by Section 117.053c of the Local Government Code, the Clerks seek secure investment options that continuously maximizes the rate of return while minimizing the administrative effort on the Clerk’s staff. We seek innovative solutions to this objective. Such solutions might include time deposit with rate re-set options, pooled funds for which each sub account is revalued daily or any other solutions meeting the requirements stated or any other option meeting these requirements.

IV. SPECIFIC PROPOSAL REQUIREMENTS: A. An executive summary. B. Statement as to how the institution intends to secure our deposits.

1. The respective Clerk’s deposits shall be collateralized at 110% by debt instruments having the full faith and credit of the United States government, having a final stated maturity of less than 5 years from the date of the pledge and shall be placed in a third party institution acceptable to the Clerk such as the Federal Reserve Bank. There shall be a separate safekeeping account for each clerk. Furthermore, we require collateral on the entire amount of the deposits without any reduction for FDIC pass through coverage that may be available. 2. It shall be the responsibility of the bank to ensure that these collateral levels are maintained continuously, and any release of collateral must be expressly approved by the respective clerk. 3. These monthly statements confirming the collateral and market value should be delivered to each Clerk.

C. A complete fee schedule for all service offered by the institution under the relationship. D. An explanation of any elements identified as REQUIRED that cannot be offered. E. The proposal must state the amount of the bank’s paid-up capital stock and permanent surplus, and the proposal must be accompanied by a statement showing the financial condition of the bank on the date of the proposal. F. Cashier’s Check in the amount of $365,000 ($67,000,000x.5%) and $5,685 ($629,568 + $507,530 x .5%) to be returned upon “qualification” as set forth in Local Government Code Section 116.023 (b)(2). G. Wire transfers into Clerk’s accounts must be approved in advance by the respective Clerk. H. Wire transfers out of these accounts must not be allowed without the express approval of the Clerk AND the County Treasurer. I. Safeguards must be described that will prohibit unauthorized withdrawals –

1. Bank will insure by using all technological tools at their disposal that the requirements of Local Government Code 117.121 are followed regarding disbursements. 2. In addition, any unauthorized withdrawal of funds will be immediately restored by bank within 1 banking day of notification.

J. Termination of services must be allowed for both the Clerk and the Depository bank, but we will anticipate contract language that will allow at least 90 days notice to ensure continued operational capability for the Clerks.

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ADDITIONAL SPECIFICATIONS: Awarding Contract: Parker County will award the Bank Depository & Sub-depository Contract based, in addition to statutory criteria, on Parker County’s determination of best value. The following will also be considered: 1. Bank's past and prospective financial condition. 2. Net rate of return on county funds. 3. Ability to meet service requirements. 4. Cost of services. Investments and Credit Card Services Made Outside Depository Banks: Parker County reserves the right to make external investments and to obtain credit card / procurement card services in accordance with the laws of the State of Texas and the Investment Policy of Parker County as deemed the best value for Parker County outside any contract resulting from this RFP. Submitting Financial Statements: All banks wishing to be designated as a Depository Bank must state the amount of the bank's paid-up capital stock and permanent surplus and must submit the most recent statement showing the financial condition of the bank on the date of the proposal. Good Faith Guarantee: Bank must submit with the proposal a certified cashier's check in the amount of $365,000 ($67,000,000x.5%) one-half of one percent of the county's revenue for the preceding year and $5,685 ($629,568 + $507,530 x .5%) one-half of one percent of the average daily balances of the County and District Clerk's Registry Accounts payable to Mark Riley, County Judge as guarantee of good faith, as set forth in Local Government Code Section 116.023(b)(2). The check will be held by the County until a depository Bank is selected and the bond and/or security has been filed. If a bank is selected as depository and does not provide the bond, the county shall retain the amount of the check as liquidated damages, and the county shall re-advertise for proposals, if necessary, to obtain a depository for the county. Payment for Services: Bank will specify fees required for services. Banking services not detailed on worksheet will be provided at no cost. Amount to be Pledged: The initial amount of securities to be pledged against Parker County funds shall be adequate to fully collateralize the funds of Parker County and be no less than 110% of total deposits at market value and according to the laws of the State of Texas and shall continuously remain as such. This amount is subject to change as deposits fluctuate, with the approval of the Parker County Treasurer. Securities pledged must be held by a Third Party Bank approved by Commissioners Court or at the Federal Reserve Bank. Interest and Interest Rate: Variable interest rate proposals and fixed interest rate proposals on accounts and certificates of deposit shall be quoted by bank. Parker County reserves the right to select the rate most favorable to the county at any time during the term of the contract, subject to banking laws. Qualifications as Depository or Subdepository (as per LGC 116.051): Within 15 days after the date a bank is selected as a county depository or subdepository, the bank must qualify as the depository or subdepository by providing security for the funds to be deposited by the county with the bank. The depository or subdepository may secure these funds, at the option of the commissioner’s court, by:

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1.) personal bond: surety bond; bonds, notes, and other securities; first mortgages on real property; real property; certificates of deposit; or a combination of these methods, as provided by this subchapter; or 2.) investment securities or interests in them as provided by Local Government Code 116.051. Right to Reject: The County reserves the right to reject any and all Proposals. The County, at its option, may waive any and all informalities, minor irregularities and/or technicalities. The County may reject the proposal of a proposer who is in litigation with the County or who has previously failed to perform properly or complete on time contracts and commitments of a similar nature, and reject the proposal of a proposer who is not, in the opinion of the County, in a position to satisfactorily perform the contract. The County may also accept or reject any of the alternates that may be set forth in a proposal. The County reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the County that such proposer is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Exceptions: Exceptions, conditions, or qualifications to the provisions of the County’s specifications or contracts must be clearly identified in writing as such, with the reasons therefore, and alternate language proposed by proposer, if any, clearly stated and inserted in the appropriate place in the proposal submission. Each of these exceptions, conditions, or qualifications to the County’s specifications will be included, as appropriate, in the Contract document. Items and matters not explicitly excepted in this manner shall be deemed to be in conformance with the County’s specifications. The County is the final judge of acceptability for items quoted on this RFP. Interest Bearing Checking Accounts: Parker County will have approximately thirty-three (33) accounts established under these specifications for disbursing checks written on Parker County funds. Checks and transfers will be written from these accounts. These estimates may vary in the duration of the contract. Money Market Accounts: Separate accounts are established under these specifications for daily operating transactions. The accounts will be used when their rates exceed IBCAs. The number of money market accounts used by the County will be less than ten (10). These estimates may vary in the duration of the contract. Reports: 1. A detailed monthly collateral-to-deposit report is required. The report shall contain security descriptions, par value/current face and current market value. To compensate for increases or decreases in county deposits and fluctuation of market value of pledged collateral, the minimum market value of collateral will be 110% of county deposits based on market value. 2. Monthly account analysis reports will be provided for each account and on a total account basis. The account will contain, at a minimum, the following: daily average ledger balance daily average float average collected balance reserve requirements price levels for each activity monthly volumes by type earnings allowance

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A sample account analysis format must be provided as part of the proposal.

3. Daily balance reporting – The County requires daily on-line reporting of ledger, collected

and available balances, as well as all credit and debit totals for all Accounts. This information should be available by 8:00 am Central time.

Statement: Monthly statements will include checks, deposit slips, transfer slips and debit and credit memos, processed for ALL accounts. The daily ledger balances, average daily collected balances, number of debits, number of credits, and other items on which charges are based, should also be included in each monthly statement. All checks will be sorted in numerical order. Statements should be processed and ready to be picked up no more than five (5) business days after the close of each month. The Treasurer or the department responsible for the account will pick up each statement. A sample statement format will be included as part of the proposal. Statements should be available by compact disc and online. Contact Person: Bank will specify Officer(s) of the Bank who will be responsible for attending to customer service issues, inquiries, requests for services, and daily activities regarding the managing of Parker County accounts. Description Name Title Relationship Officer __________________ ____________________ General Information __________________ ____________________ Investments & Safekeeping __________________ ____________________ Accounting/Bookkeeping __________________ ____________________ Deposit Discrepancies __________________ ____________________ Controlled Disbursement __________________ ____________________ Balance Reporting __________________ ____________________ Account Reconciliation __________________ ____________________ ACH Processing __________________ ____________________ Debit and Credit Adjustments: The County requires that a copy of all debit and credit adjustments be mailed to the County Treasurer with supporting documentation, as the entries are made throughout the month. The County’s monthly statement should also include a copy of all debit and credit adjustments. Adjustment documentation should include description, date and amount in order for the County to properly record the entry. The County shall not be responsible for the cost of credit and debit adjustments necessitated by bank error. Daylight Overdraft Provisions: The County will attempt to avoid daylight overdrafts. Include the daylight overdraft policy in the proposal and answer the following questions. How does the proposer define daylight overdraft? If funds are to be received (security transactions, wires), but have not been credited to the County’s account, could a daylight overdraft result? If a daylight overdraft occurs, what is the policy on such an event and what charges, if any, would be made to the County? (Include all charges in the Fee Schedule). Research Requests: The County requests that all research requests be turned around within three (3) business days of the request.

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Stop Payments: The bank will be required to process stop payments on verbal instructions from the County Treasurer or his Assignee with follow-up written confirmation. Stale Dated Checks: The bank will agree not to honor stale dated checks on Parker County accounts which are not endorsed as acceptable after the 90-day limit. Standard Disbursement Services: Standard disbursing services for all accounts are required to include the payment of all county checks upon presentation. Standard Deposit Services: The bank will guarantee immediate credit on all wire transfers, ACH transactions and government checks upon receipt and all other checks based on the bank's availability schedule. All deposits received before the bank's established deadline will be credited daily. Other Specific Services: As described on the Proposal Worksheet, the bank will acknowledge services provided and attendant fees for such. Positive Pay Services are Required. The bank must be able to accept an uploaded file. Direct Deposit Services are Required. Returned Items: All checks deposited by the County that do not clear the first time should be submitted a second time before returning the item to the County. A returned check that does not clear on the second attempt shall be returned to the County within two (2) business days. Borrowings: The Commissioners Court of Parker County must, from time to time, issue debt to enable the county to make a capital expenditure which is not feasible or not appropriate to fund in one budget year. The means most often used to meet such a capital requirement is a "time warrant", which is defined as "any warrant issued by a county that is not payable out of current funds" (L.G.C., Section 262.022 (9)).

OPTIONAL SERVICES: Merchant Card Services: Several County departments accept credit card payments in person, online or by telephone. The County would require separate merchant accounts for each department utilizing the service. The County expects approximately 480 credit card transactions per month, with an average transaction value of $150.00. Please confirm the capability of your bank to provide this service, the options available, the type of major credit cards accepted (i.e. Visa, Master Card, Discover, American Express), the type of equipment available, and the pricing. Payroll Cards: The County is considering using payroll cards for its employees. Employees should have the ability to use the cards for purchases at merchants as well as cash withdrawals at financial institutions and ATMs. Please describe the payroll card services, processes, requirements and pricing.

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PROPOSAL SUBMISSION LIST: Audited financial statements for the most recent fiscal year; Detailed explanation of the bank’s policy and methodology used in the setting of the

earnings credit rate. Provide a schedule of the earnings credit rates offered by the bank since January 1, 2014;

Ratings on outstanding debt; Three Texas local government references for cash management services managed by

the bank executive who will be responsible for the County’s account; Sample account analysis and monthly statement; Availability of funds schedule; Vault services deposit cutoff times; Sample of daily balance report; Most recent quality assurance data and customer satisfaction procedures; New customer conversion procedures and applicable information; Daylight overdraft policy; Proposed depository contract; Proposed positive pay agreement; Proposed wire transfer agreement; Proposed Automated Clearing House agreement; Proposed vault services agreement; Proposed security clearance agreement; Proposed payroll debit card Any on-line banking services; Any additional agreements that require the County’s approval. State whether the bank would offer any type of special checking, money market, or loan

account or other incentives for County employees. Describe any other cash management or banking services that could be offered to the

County. List all charges that would apply.

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Proposal Worksheet for Depository Bank Proposal Interest Bearing Checking Accounts: Variable Fixed Interest Margin Interest Rate * * _____________ __________ Money Market Accounts: Variable Fixed Interest Margin Interest Rate * * _____________ __________ *Variable Rate = 91 day US T-Bill Effective Rate (as determined by latest T-Bill Auction) + Margin (based on basis points). Example: If 91 Day US T-Bill effective rate is 3.3% and basis points are 1.0, then the variable rate is 4.3%. Minumum balance requirement per account will be listed below: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

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Certificates of Deposit - Variable Interest Rate 91 Day US T-Bill Effective Rate (as determined by latest T-Bill Auction) less than more than $100,000 $100,000 1. Maturity 7 - 29 days +_____basis points +_______basis points 2. Maturity 30 - 59 days +_____basis points +_______basis points 3. Maturity 60 - 89 days +_____basis points +_______basis points 4. Maturity 90 - 179 days +_____basis points +_______basis points 5. Maturity 180 days-less than 1 year +_____basis points +_______basis points 6. Maturity 1 year or more +_____basis points +_______basis points Certificates of Deposit - Fixed Interest Rate 1. Maturity 7 - 29 days ____________% 2. Maturity 30 -59 days ____________% 3. Maturity 60 - 89 days ____________% 4. Maturity 90 - 179 days ____________% 5. Maturity 180 days - less than 1 year ____________% 6. Maturity 1 year or more ____________%

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Services Provided: Dollar Amount of Fee 1). Monthly Account Analysis __________ (Individual and Group) Comment: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Yes No Dollar Amount of Fee 2). Automated Balance Reporting _____ ____ ___________ on Daily Activity Comment: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 3). Wire Transfers: Incoming _______ _______ _______ Outgoing _______ _______ _______ Repetitive _______ _______ _______ Non-Repetitive _______ _______ _______ Comment: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________

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Yes No Dollar Amount of Fee 4). ACH Service Transfers: Outgoing-Bank Initiated _____ ____ _________ Direct Deposit _____ ____ _________ Computerized _____ ____ _________ Comment: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 5). In-House Account: Repetitive _____ ______ __________ Transfers Non-Repetitive _____ ______ __________ Computerized _____ ______ __________ 6). Account Maintenance on _____ _______ __________ Checking Accounts Comment: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 7). Account Maintenance on ______ _______ __________ Money Market Accounts Comment: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 8). Furnish deposit slips, _____ _____ ________________ deposit books, & endorsement stamps. 9). Night depository services, _____ _____ ________________ including bags & keys.

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Yes No Dollar Amount of Fee 10). Stop payments issued: _____ ______ _____________ Comment: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 11). Overdrawn Accounts _____ ______ ____________ 12). Returned Items _____ ______ ____________ 13). Printing & furnishing continuous _____ _______ _____________ form checks as required by the County. Comment: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 14). Sequential check sorting: ______ ______ __________ 15). Provide safe-keeping for outside ______ ______ __________ purchases of securities by Parker County at a Third Party Financial Institution, or with the Federal Reserve Bank. Comment: _____________________________________________________________________ _____________________________________________________________________ 16). Zero-Balance Accounts: _____ ______ _____ Comment: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 17). Additional Services and Charges:

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Are there any additional charges for the requested collection, disbursement, investment or miscellaneous services? If so, please describe and indicate the fee per unit. Yes No Dollar Amount of Fee Other Services: _____________________ _____ ____ _________________ _____________________ _____ ____ _________________ _____________________ _____ _____ _________________ _____________________ _____ _____ _________________ _____________________ _____ _____ _________________

18) Is internet banking available? If yes, describe services. Online Wire Transfers _____ _____ _________________ Positive Pay _____ _____ _________________ Accept Positive Pay File _____ _____ _________________ Upload List any standard online services that are not offered________________________________________________________________ ______________________________________________________________________ 19) Payroll card services _______ Yes ______ No Fee $__________________ Describe ______________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

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Banks should be prepared to provide the Treasurer’s office an opportunity to physically work with this technology before the proposal is awarded. Do you offer Remote Capture? If yes, describe services. ______________________________ ____________________________________________________________________________ ____________________________________________________________________________ Payment for Services: The county may elect to pay for services either by direct fee payment or by compensating balance. a. Direct fee It may be the county's request that the bank bill and accept direct payment for services at the unit prices indicated in the previous section. Please indicate whether the bank will accept this method of payment. Yes No _____ ______ If the County elects to pay the bank for services, each account billing will be presented monthly in hard copy with charges being on a straight fee basis with account balances not being a factor in determining the fees that are due. b. Compensating Balance In lieu of direct payment the county may request that a compensating balance be maintained at the managing bank in a zero-interest rate Certificate of Deposit within the control account only to cover services. The level of compensating balance will be determined as a result of: a. Services required (per proposal) b. Service Price (per proposal) c. Monthly activity (actual) d. Collected balances (actual) e. Legally required reserves (actual) f. Earnings allowance rate (per proposal)

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Please specify calculation of the earnings allowance rate. The formula for computing the earnings credit will use current reserve requirements. An example is as follows: EXAMPLE Collected bank balance (control account) $1,000,000. (less reserves required - 10% presumed) 100,000. 900,000. x Earnings Allowance (assume 91 day T-Bill rate) x___ 3.3% Annual Earnings Credit 29,700 Divided by 12 Total earnings credit for the month 2475 Please specify bank's calculation __________ Bank must complete the information below to validate the proposal for Depository Bank. The undersigned affirms that they are fully authorized to execute this contract by providing the County with a resolution from the Board of Directors of the submitting bank authorizing or empowering the undersigned to execute this contract; that this bank has not prepared this proposal in collusion with any other proposer; and that the contents of this proposal as to fees, interest rates, terms, or conditions of said proposal have not been communicated by the undersigned, nor by any employee or agent, to any other proposer or to any other person(s) engaged in this type of business prior to the official opening of this proposal. Name and address of Proposer: All unsigned Proposals will be disqualified Signature:_______________________________ Name:__________________________________ Title:___________________________________ Telephone Number:_______________________

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CERTIFICATION OF ELIGIBILITY (This provision applies if the anticipated contract exceeds $25,000)

By submitting a bid or proposal in response to this solicitation, the bidder/proposer certifies that at the time of submission, he/she is not on the Federal Government’s list of suspended, ineligible, or debarred contractors. In the event of placement on the list between the time of bid/proposal submission and time of award, the bidder/proposer will notify the Parker County Purchasing Agent. Failure to do so may result in terminating this contract for default. __________________________________________________________ Authorized Signature

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NOTICE TO ALL PROPOSERS

The Texas Workers’ Compensation Commission has adopted Rule 110.110 effective with all proposals advertised after September 01, 1994 and this does affect your proposal on this project. The TWCC has stated that it is aware that statutory requirements for workers’ compensation insurance coverage is not being met. Rule 110.110 is designed to achieve compliance from both contractors and governmental entities. This affects both of us on this contract. Providing false or misleading certificates of coverage, failing to provide or maintain required coverage, or failing to report any change that materially affects the coverage may subject the contractor(s) or other persons providing services on this project to legal penalties. This affects your subcontractors. Therefore, the attached is provided in accordance with the requirements on governmental entities. Please read carefully and prepare your proposal in full compliance to TWCC Rule 110.110. Failure to provide the required certificates upon submission of a proposal could result in your proposal being declared non-responsive. According to TWCC, “This rule does not create any duty or burden on anyone which the law does not establish”. Therefore, the County should not experience any increase in cost because of the Need to comply with the Texas Workers’ Compensation laws. Deena Nichols Purchasing Agent Parker County Additional questions may be addressed to the Texas Workers’ Compensation Commission, Southfield Building, 4000 S. IH-35, Austin, Texas, 78704, 512-440-3618.

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Exhibit A

TERMS AND CONDITIONS

1. CONFLICT OF INTEREST: No public official shall have an interest in this contract, in accordance with Texas Local Government Code Chapter 171.

2. ETHICS: The proposer shall not offer any benefits, gifts, or enticements of any nature to any official, agent or employee of Parker County.

3. FUNDING: Funds for payment have been provided through the Parker County budget approved by the Commissioner’s Court for this fiscal year only. Texas law prohibits the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Parker County fiscal year shall be subject to budget approval.

4. LATE PROPOSALS: Proposals must be received by the Purchasing Department before the hour on the date specified. Proposals received after that time will be disqualified and returned to the sender. Parker County is not responsible for tardiness or non-delivery of documents by mail or courier. All NO PROPOSALS shall be marked as such and timely returned. Failure to do so will result in deletion from the Vendor list.

5. DELIVERY: All delivery and freight charges (F.O.B. Parker County designated location) are to be included in the proposal price. Additional charges including but not limited to fuel surcharges will not be allowed.

6. PROPOSAL AWARD: Proposals may be awarded on the lump sum or unit basis, whichever is in the best interest of Parker County. Proposals that are by unit price must be extended and the total shown. In case of errors in extension, unit prices will be taken.

7. Pursuant to Texas Local Government Code section 262.0276, the Parker County Commissioner’s Court has adopted a policy which requires vendors’ taxes to be current as of the date proposals or proposals are due. Proposers with delinquent taxes on the due date are ineligible for award.

8. Any clarification or questions concerning proposals should be directed to the County Purchasing Department prior to proposal opening.

9. MINIMUM STANDARDS FOR RESPONSIBLE PROPOSERS: A proposer must affirmatively demonstrate the proposer’s responsibility by meeting the following requirements:

a. have adequate financial resources, or the ability to obtain such resources as required;

b. be able to comply with the proposed delivery schedule c. have a satisfactory record of performance, and; d. have a satisfactory record of integrity and ethics. Parker County may request information sufficient to determine proposer’s ability to meet the minimum standards listed above.

10. The proposer shall provide with its proposal all documentation required by the invitation to proposal. Failure to comply may result in proposal rejection. Proposals must be signed by an authorized representative and show the full name and address of the proposer.

11. ADDENDA: Any alteration to, or interpretation of, the invitation to proposal will be made by the Parker County Purchasing Department in the form of an addendum. Addenda will be sent by mail, email or fax to all who are known to have received a proposal invitation. Proposers shall acknowledge receipt of such addenda within 24 hours. For verification addenda must be signed by the vendor and faxed back to the Purchasing Department at 817-598-6191.

12. ALTERING PROPOSALS: Proposals cannot be altered or amended after opening time. Any alterations made before opening time must be signed by the proposer or its agent.

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13. WITHDRAWAL OF PROPOSAL: A proposal may not be withdrawn or cancelled by the proposer without the permission of the County for a period of 90 days following the deadline for receiving proposals. By submitting a proposal, proposer agrees to leave its proposal open for 90 days. The Commissioner’s Court reserves the right to reject any or all proposals.

14. SALES TAX: Parker County is exempt from Federal Excise Tax and State Sales Tax. A certification for this exemption is available upon request. Accordingly, tax should not be included in proposal price or invoice.

15. CONTRACT: A contract may be awarded to the lowest and best proposer as established by state law. This proposal shall constitute a contract between the successful proposer and Parker County. The contract shall be governed by these Terms and Conditions and the proposal shall be incorporated by reference.

16. CHANGE ORDERS: No oral statement shall modify or otherwise change or affect the terms, conditions, or specifications stated in the contract resulting from this invitation to proposal. All change orders to the contract will be made in writing to the Parker County Purchasing Department, and approved by Parker County Commissioner’s Court.

17. If during the life of the contract, the successful proposer’s net prices to other customers for items awarded herein are reduced below the contracted price, the proposer agrees to extend the benefits of such reduction to Parker County.

18. ASSIGNMENT: The successful proposer may not sell, assign, transfer or convey the resulting contract, in whole or in part, without the prior written consent of Parker County.

19. TERM OF CONTRACT: The contract arising from the invitation to proposal shall remain in effect until it is fulfilled by the delivery and acceptance of the products and the performance of the services specified in the invitation to proposal.

20. TERMINATION FOR DEFAULT: In the event of a breach or default by the proposer, Parker County reserves the right to enforce the performance of this contract in any manner authorized by law or deemed in the best interest of the County. Parker County reserves the right to terminate the contract immediately in the event the proposer:

a. fails to meet schedules; b. defaults in the payment of any fees, or; c. otherwise fails to perform in accordance with these specifications. Breach of Contract or default authorizes Parker County to exercise any or all of the following rights: a. take possession of the assigned premises and any fees accrued or becoming

due to date; b. take possession of all goods, fixtures and materials of the proposer and

foreclosure its lien against such personal property, applying the proceeds toward fees due or thereinafter become due, and;

c. award the contract to the next lowest and best proposer as deemed in the best interest of the County.

In the event the successful proposer fails to perform, keep, or observe any of the terms and conditions herein, Parker County shall give the proposer written notice of such default. If the default is not cured within two working days of receipt of such notice, default will be declared and the proposer’s rights shall terminate.

21. NOTICES: All notices to be given to the proposer by Parker County shall be deemed given on the day after such notice has been deposited in the United States mail in Parker County, Texas by Registered or Certified Mail, with sufficient postage affixed, addressed to the proposer at the address provided by the proposer. This provision shall not prevent the issuance of actual notice in any other manner.

22. DESCRIPTIONS: Any catalog, brand name, or manufacturer reference used in the proposal request is descriptive not restrictive. It is intended to indicate the type and quality desired. Proposals on brands of like nature and quality will be considered.

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23. EXCEPTIONS/SUBSTITUTIONS: All proposals meeting the intent of this invitation to proposal will be considered. Proposers excepting to the specifications or offering substitutions shall state the exceptions in the section provided in the invitation or by attachment as part of the proposal. The absence of such a list shall indicate that the proposer has taken no exception and the proposer agrees to perform in strict compliance with the invitation. Parker County reserves the right to accept any, all, or none of the exceptions or substitutions.

24. SAMPLES: When requested, samples shall be furnished at no cost to Parker County. After notification to the proposer, such samples must be retrieved from the County within two weeks. Samples not retrieved timely shall be deemed donated to the County.

25. ITEMS/WARRANTY: All items must be new and in first class condition, unless otherwise specified. The design, strength, and quality of materials must conform to the highest manufacturing standards. Items supplied under this contract are subject to the County’s approval. The proposer warrants that all items and services conform to the specifications in the invitation to proposal. The proposer further agrees that none of the warranties stated in the Texas Business and Commerce Code may be waived and that the items supplied under this contract shall be free from all defects in material, workmanship, and title. Any items found defective or not meeting specifications shall promptly be and replaced by the successful proposer at no expense to the County. If a defective or non-conforming item is not retrieved by the proposer within one week after notification of its status as defective or non-conforming, the item will be deemed donated to the County. This will not relieve the proposer of its responsibility to provide a properly functioning replacement that conforms with the proposal specifications.

26. REMEDIES: The successful proposer and Parker County agree that both parties have all rights, duties and remedies allowed by state law.

27. VENUE: This agreement will be governed and construed according to the laws of the State of Texas and the venue shall be Parker County, Texas.

28. PATENTS/COPYRIGHTS: The successful proposer agrees to protect Parker County from claims involving infringement of patents and /or copyrights and will indemnify Parker County for such claims.

29. PURCHASE ORDERS: A purchase order shall be generated by Parker County to the successful proposer. The number from this purchase order must appear on all invoices.

30. INVOICE: The successful proposer shall submit an invoice showing the proposer’s name and address, the name and address of the proposer’s receiving department or delivery location, the purchase order number, and a description of the items delivered.

31. PAYMENT: Payment will be made within 30 days upon acceptance of merchandise and satisfactory operation of equipment, or performance of services, in accordance with the Texas Prompt Payment Act, Texas Government Code Chapter 2251.

32. THE SUCCESSFUL PROPOSER SHALL defend, indemnify and hold harmless Parker County and its officials, agents, and employees from all claims of any nature brought on account of any injuries or damages received during the performance of any contract resulting from the award of this proposal. Proposer shall pay any judgment, including costs, which may be obtained against the County arising from such claim.

33. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications as to any detailed description of, or the apparent omission of, an item shall be regarded as meaning that only the best commercial practices are to prevail. All interpretations of these specifications shall be made on that basis.

34. INSURANCE: In proposals involving service, the successful proposer shall at his own expense, before commencing work, or not later than 10 days following notification of award, provide the Parker County Purchasing Department with certified copies of all insurance policies showing coverage in force throughout the term of the contract in the following amounts:

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a. Commercial General Liability insurance with minimum combined single limits of $1,000,000 per occurrence and $1,000,000 general aggregate for bodily injury and property damage, which coverage shall include products/completed operations, with a $1,000,000 products/completed operations aggregate. Coverage must be written on an occurrence form. If coverage is written on a claims made basis, a retro date no later than the inception date of the contract (or prior thereto), must be applicable during the term of contract and for at least two years after termination of the contract. Contractual liability coverage must be maintained with respect to the per occurrence limit. A per project aggregate endorsement must also be included.

b. Worker’s Compensation insurance at statutory limits. c. Commercial Automobile Liability insurance with minimum limits of

$100,000/$300,000/$100,000 per occurrence or $500,000 combined single limits for bodily injury and property damage, including owned, non-owned, and hired vehicle coverage.

The required limits may be satisfied by any combination of primary, excess, or umbrella insurance, provided the primary policy meets the above requirements and the excess umbrella is following form. Each policy shall include, by endorsement to the policy, a statement that notice of cancellation, or of a material change in coverage, shall be given to Parker County by certified mail 60 days prior to the event. A comprehensive general liability insurance form may be used in lieu of a commercial general liability insurance form. In this event, coverage must be written on an occurrence bases, with limits of $1,000,000 per occurrence, combined single limit, and coverage must include a broad form comprehensive general liability endorsement, coverage for products/completed operations, and broad form contractual liability covering the obligations included in the contract.

THESE ARE GENERAL TERMS AND MAY BE SUPERSEDED BY MORE DETAILED SPECIFICATIONS

I ____________________________,_________________________ (Print Name) (Title) have read and agreed to the terms and conditions set forth by Parker County. Sign __________________________________________________ Date_______________________________

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TWCC RULE 110.110 WORKERS’ COMPENSATION INSURANCE

COVERAGE

A. Definitions:

1. Certificate of coverage (“Certificate”) – A copy of a certificate of insurance, a certificate of authority to self insure issued by the commission, or a coverage agreement. TWCC-81, TWCC-82, TWCC-83, TWCC-84, showing statutory workers’ compensation insurance coverage for the person’s for the duration of the project. Duration of the project-Includes the time from the beginning of the work on the project until the contractor’s/person’s work on the project has been completed and accepted by the governmental entity.

2. Persons providing services on the project (“subcontractor” in Article 406.096-

Includes all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. “Service” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all employees of the contractor providing services on the project, for the duration of the project.

C. The Contractor must provide a certificate of coverage to the governmental entity

prior to being awarded the contract.

D. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The Contractor shall obtain from each person providing services on a project, and

provide to the governmental entity:

1. A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project: and

2. No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate ends during of the project.

F. The Contractor shall retain all required certificates of coverage for the duration of

the project and for one (1) year thereafter.

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G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The Contractor shall post on each project site a notice, in the text, form and

manner prescribed by the Texas Worker’s Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

I. The Contractor shall contractually require each person with whom it contracts to

provide services on a project, to:

1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project: 2. Provide to the Contractor, prior to that person beginning work on the project a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project: 3. Provide to the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project: 4.Obtain form each other person with whom it contracts, and provide to the Contractor: A certificate of coverage, prior to the other person beginning work on the project; A new certificate of coverage showing extension of coverage, prior to the end of coverage ends during the duration of the project; 5. Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 6. Notify the governmental entity in writing by certified mail or personal delivery, within ten (10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs I.1.-I.7., with the certificates or coverage to be provided to the person for whom they are providing services.

J. By signing this contract or providing or causing to be provided a certificate of

coverage, the Contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered, coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate

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insurance carrier or, in the case of a self-insured, with the commission’s Division of Self Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, civil penalties, or other civil actions.

K. The Contractors failure to comply with any of these provisions is a breach of

contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity.

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CONFLICT OF INTEREST QUESTIONNAIRE: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the attached Questionnaire, Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity (Parker County). By law, Form CIQ must be filed with Parker County if the vendor or person submits an application, response to a request for proposals or proposals, correspondence, or writing related to a potential agreement with Parker County. (please refer to Section 176.006, Texas Local Government Code at: www.capitol.state.tx.us/statues/docs/LG/content/htm/lg.005.00.000176.00htm#176.006.00 or contact the Texas Ethics Commission at 512-463-5800 or 800-325-8506 for more detail). IMPORTANT: A VENDOR OR PERSON COMMITS AN OFFENSE IF HE OR SHE FAILS TO FILE FORM CIQ IN ACCORDANCE WITH SECTION 176.006, LOCAL GOVERNEMENT CODE. AN OFFENSE UNDER THIS SECTION IS A CLASS C MISDEMEANOR.

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Direct Line: 817.598.6140 Parker County Purchasing Fax: 817.598.6191

1112 Santa Fe Dr. Weatherford Texas 76086

Dear Vendor: Please complete and return the enclosed Vendors/Proposers List Application form. Upon receipt of the Application, We will input the information provided into our system and assign you a vendor number in order for county departments to make purchases from you. When you return all documentation requested your company will be added to our Vendor List. Please include a completed W-9 Form. Please note Parker County is tax exempt, therefore no taxes should be assessed to any purchases. Parker County’s Tax Identification Number is 756001109. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact us at 817.598.6140. Sincerely, Parker County Purchasing Dept

Enclosures

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Parker County Purchasing 1112 Santa Fe Drive Weatherford, Texas 76086

817-598-6140 ---- 817-598-6012 fax

VENDOR / PROPOSERS LIST APPLICATION Date: ________________ Federal ID # or Social Security #:_______________

( ) New Application ( ) Add Commodities ( ) Delete Commodities

Applicant’s Company Name and Address:

Mailing (Remit to) Address if different than above

____________________________________________________________________________ ____________________________________________________________________________ E-mail address: _______________________________________________________________ Type of Organization: Individual ( ) Corporation ( ) Minority Owned ( ) Woman Owner ( ) Non Profit Organization ( ) Partnership ( ) How long in business: ______________ Person’s authorized and contact person on proposals or quotes and to sign proposals, Offers and Contracts: Name Official Capacity Telephone / Fax

Type of Business: ( ) Manufacturer ( ) Service ( ) HUB Vendor ( ) Wholesale Dealer ( ) Retail Dealer ( ) Other Type of Product Sold and/or Service Provided:

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I herby certify that information supplied herein is correct: _______________________ __________________ _________________ Print or type Name Title Signature

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