Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
THE COUNTY & DISTRICT CLERKS' ASSOCIATION OF TEXAS
VICE PRESIDENT STACEY KEMP
COLLIN COUNTY CLERK 2300 BLOOMDALE ROAD, STE 2106
MCKINNEY, TEXAS 75071 PHONE: 972-548-4185
FAX: 972-547-573 l [email protected]
TREASURER LISA JOHNSON
HEMPHILL COUNTY COMBINATION CLERK P.O. Box867
CANADIAN, TEXAS 79014 PHONE: 806-323-6212
FAX: 806-323-8125 [email protected]
PRESIDENT LAURA HINOJOSA
HIDALGO COUNTY DISTRICT CLERK P.O. BOX 87
EDINBURG, TEXAS 78540 PHONE: 956-289-7801
FAX: 956-318-2251 laura [email protected] tx us
BOARD OF DIRECTORS MEETING
SECRETARY PATIIHENRY
CHAMBERS COUNTY DISTRICT CLERK P.O. DRAWER NN
ANAHUAC, TEXAS 77514 PHONE: 409-267-5596
FAX: 409-267-8209 [email protected]
IMMEDIATE PAST PRESIDENT JENNIFER LINDENZWEIG
HUNT COUNTY CLERK P.O. BOX 1316
GREENVILLE, TEXAS 75403 PHONE: 903-408-4130
FAX: 903-408-4287 jlindenzweig@huntcounty net
Notice is hereby given that a virtual meeting of the County & District Clerks' Association of Texas
Board of Directors will be held on Thursday, May 14, 2020, at 1 :00 pm; at which time the following
items will be discussed and/or acted upon:
1. Call meeting to order - Laura Hinojosa
2. Roll Call -Patti Henry
3. Invocation - Clarissa Webster
4. Pledges to the American and Texas Flags - Stacey Kemp
5. Approval of Board of Directors Minutes: February 2, 2020, San Marcos - Patti Henry
6. Acceptance/approval of Board of Directors Waiver ofNotice (5/14/20)-Patti Henry
7. Discussion Items:
a. Discussion and approval of FY 2020-2021 Budget- Lisa Johnson
b. Review and approval of David Bray Contract-Laura Hinojosa
c. 2020 Waco Summer Conference Update - TAC
d. 2020 College Station Fall Conference Update -TAC
e. 2020 Winter Conference Report - TAC
f. 2020 Fall Conference Exhibitor/Sponsorship Update - Sara Lazarowitz, Zachary
Publications
g. Report and discussion on Judicial Grant - Michele Mund
h. Ratify electronic vote to reschedule the 125th Annual Conference to the Fall
8. New Business:
a. Update on letter to Gov. Abbott regarding Emergency Waiver of Continuing Education
Hours
b. Consideration to host the 2022 Summer Annual Conference in Waco, Texas, due to recent
COVID-19 cancellation.
c. Nominees for CDCAT Secretary
d. Conference City confirmations
e. Discussion and approval of 2020 COCA T Committee Assignments - Stacey Kemp
f. Discussion and approval of door prizes for Fall Conference
g. Discussion, consideration and adoption of the proposed Bylaw Amendment Resolution to
suspend certain bylaw provisions related to membership dues and changes to the procedures
for adopting amendments to the bylaws pursuant to section 6.08 of the Bylaws - Karen
Gladney
h. Discussion, consideration and approval of Legal Services Contract renewal for Karen
Gladney- Laura Hinojosa
i. Discussion, consideration and approval of Lobbyist Agreement renewal for Casteel &
Roberts - Laura Hinojosa
j. Discussion and consideration of proposed CDCAT Website updates - Stacey Kemp
9. Adjourn meeting.
The County & District Clerks' Association of Texas Board of Directors Meeting Embassy Suites Hotel, Spa, & Conference Center San Marcos, Texas Meeting Date: February 3, 2020 at 10:30 A.M.
MINUTES
1. CALL TO ORDER President Laura Hinojosa called the Board of Directors meeting of the County and District Clerk's Association of Texas to order at 10:37 A.M.
2. INVOCATION PLEDGES TO THE AMERICAN FLAG AND THE TEXAS FLAG Invocation was given by Jennifer Lindenzweig, Immediate Past President.
3. PLEDGES TO THE AMERICAN FLAG AND THE TEXAS FLAG The Pledge to the American Flag and Texas Flag was led by Stacey Kemp, Treasurer.
4. ROLL CALL Roll call by Patti Henry, Secretary and marked the following present.
Officers
ISi President - Laura Hinojosa, District Clerk, Hidalgo County
~ Vice President - Stacey Kemp, County Clerk, Collin County
ISi Treasurer - Lisa Johnson, Combo Clerk, Hemphill County
ISi Secretary - Patti Henry, District Clerk, Chambers County
ISi Immediate Past President -Jennifer Lindenzweig, County Clerk, Hunt County
Board Members Director
Region I ISi Sherri Jones, District Clerk, Wheeler Co.
Region II ISi Sandra Roblez, District Clerk, Yoakum Co.
Region Ill ISi Judy Crawford, Combo Clerk, Crane Co.
Director in Charge
ISi Julie Smith, County Clerk, Potter Co.
ISi Karren Winter, County Clerk, Archer Co.
ISi Berta Rios Martinez, County Clerk, Brewster Co.
Region IV ISi Rachel Chavez-Duran, Combo Clerk, Sutton Co. ISi Velva Price, District Clerk, Travis Co.
Region V ISi Cathy Jentho, County Clerk, Eastland Co.
Region VI ISi Sherry Dowd, County Clerk, Navarro Co.
Region VII ISi Schelana Hock, County Clerk, Polk Co.
Region VIII ISi Esther Degollado, District Clerk, Webb Co.
ISi Sharena Gilliland, District Clerk, Parker Co.
ISi Loretta Cammack, District Clerk, Nacogdoches Co.
ISi Lisa Teinert, District Clerk, Lee Co.
ISi J.C. Perez Ill, County Clerk, Jim Wells Co.
Meeting Minutes CDCAT Board of Directors
February 3, 2020 Page 1 of7
C8J Parliamentarian-Clarissa Webster, Ector County District Clerk
Is there a quorum present, minimum of 11 including officers Y_X_ N __
See the attached sign-in sheet for others attending.
5. Approval of Minutes:
a. Business Meeting: June 24, 2019, The Woodlands - Lisa Johnson (Attachment __ )
Motion made by: ______ Seconded by: ______ Approved _Denied_ /Struck
Per President Laura Hinojosa - it has already been done so it was struck.
b. Board of Directors: September 16, 2019 Georgetown -Jennifer Lindenzweig (Attachment Sb)
Motion made by: Stacey Kemp. Seconded by: Judy Crawford Approved _2L Denied_
6. Discussion of Treasurer's Reports to be submitted for Audit - Lisa Johnson
a. Sales and Use Tax Report (Attachment 6a)
For the 3rd quarter, 9/30/2019 we paid $962.86. For the 4th quarter there were no sales to report so no sales and use tax
was paid.
Motion made by: _____ _, Seconded by: _ _____ Approved_ Denied_/ No Action Taken.
b. Treasurer's Report-(Attachment 6b)
As of January 27, 2020, Totals;
Checking $ 85,042.56 Money Market $ 55,319.22 Assets $140,361.78 Income $170,441.83 Expenses $119,142.89 Net Income $ 50,498.94 Total Current Assets $363,578.68
Lisa then stated she has added page 17 of the report to include uncategorized expenses and income because the budget
does not include these items.
Laura states that these reports will be submitted to the audit committee.
Motion made by: _____ _, Seconded by: ___ ___ Approved_ Denied_/ No Action Taken.
c. Budget Amendments/Line Item Transfers
No budget amendments or line item transfers at this time
Motion made by: _ _ ___ _, Seconded by: ______ Approved_ Denied_/ No Action Taken.
Meeting Minutes CDCAT Board of Directors
February 3, 2020 Page 2 of7
7. Discussion Items/Consideration and Approval - Lisa Johnson
a. Proposed Budget FY 2020-2021 (Attachment 7a)
Lisa presents a list of proposed changes for the 2020-2021 budget year. She proposes we create more detailed line
items for certain costs and remove redundant and obsolete line items.
(Laura stopped the presentation to allow Sheri Woodfin a moment on the floor. Sheri announced her retirement on
February 15th and introduced Anthony Monico as the new district clerk for Tom Green County.)
Laura remarks - back to the budget and in regards to #3, there will be further discussion with the bylaws chair and
future budget meetings to discuss what changes will be made.
In addition to the attachment D, Lisa discussed adding line items for expenses relating to future conferences like
deposits. She also mentioned Nancy Rister recommending that we keep uncategorized expenses as low as possible.
Laura mentioned that we are now signing contracts two years in advance. That as our association grows our budget
with expand.
Laura requests that we table this budget and call for a special meeting to work on the budget between now and the
summer conference and calls for a motion to that effect.
Motion made by: Velva Price. Seconded by: Rachel Chavez Approved_ Denied _/Tabled.
Laura decides to go out of order to allow Heather Hawthorne and Joyce Hudman to present the legislative committee
reports.
7. I. Committee Reports
Legislation -Present - Heather Hawthorne - elections, Joyce Hudman - County Clerk. Jon Gimble - District Clerk
not present.
Heather Hawthorne presented a written report on elections (Attachment 71iv).
Heather discusses the USEAC $31m state grant and the $16k match per county - it will not reimburse counties that have
already spent money on new equipment. In addition, if you cannot come up with $16k match, they will match up to
what you have spent. Counties will have to use the funds within 5 years.
Joyce Hudman presented a written report for overall legislation (Attachment71iv)
Joyce asks to gather legislative ideas during your regional meetings. Patti Henry, interjected that if anyone is interested
in helping on the legislative committee to let them know (especially civil fee consolidation project).
Laura goes back to item #lb Audit reports.
Meeting Minutes CDCAT Board of Directors
February 3, 2020 Page 3 of 7
7. b. Audit Reports
i. Final Audit for FY 2019-2020 - Nancy Rister/Tammy Kneuper - neither present (Attachment 7b)
Laura summarized the email report submitted by Nancy Rister. A review of the books from July through December 2019
is complete and reveal no issues, only minor coding issues. Nancy suggests creating a ledger of terms for the treasurer
to follow for ease and consistency of reporting
Motion made by: _____ _, Seconded by: ______ Approved_ Denied_/ No Action Taken.
ii. First Audit for FY 2020-2021 - Nancy Rister/Tammy Kneuper - neither present (Attachment 7b)
Email states they will continue to review financials
Motion made by: _____ _, Seconded by: _______ Approved_ Denied_/ No Action Taken.
c. 124rd Annual Conference Final Report - Lisa Johnson (Attachment 7c) Placed in the historic records.
Motion made by: Julie Smith, Seconded by: Karren Winter Approved _X_ Denied_
d. Ratify Vote Setting Amount for Grant Reimbursement for Winter Conference (Attachment 7d)
Laura - email was sent to board 12/27/2019 requesting a motion and second to set the reimbursement rate for the
2020 winter conference at 3 nights at $90.00 each and plus travel.
Motion made by: Cathy Jentho , Seconded by: Loretta Cammack Approved _lL Denied _ by email
e. Vendor Update-County Progress-Becky Proster (Attachment 7e)
Vendors love us, revenue has steadily increased. We started giving goodie bags with food.
Motion made by: ______ Seconded by: ______ Approved_ Denied_/ No Action Taken.
f. Fall 2019 Conference Update -TAC- Luz (Attachment 7f)
Luz reviewed the report. Luz stated there were 303 attendees at the Fall conference. Joyce Hudman and Heather
Hawthorne had to take over the conference after the Harris County district clerk lost his race. Revenue was $80,325 and
expenses were $77,408 resulting in a profit of $2,917.
Motion made by: _____ _, Seconded by: ______ Approved_ Denied_/ No Action Taken.
g. Winter 2020 Conference Update -TAC - Luz (Attachment 7f)
Luz reviewed the report. Luz stated there were approximately 490 attendees at the Winter conference. Projected
revenue is $139,435 and expenses are $125, 852 with a projected profit of $13,583. Highlighted amounts within the
report are projected amounts.
Motion made by:------ Seconded by: _______ Approved_ Denied_/ No Action Taken.
Meeting Minutes CDCAT Board of Directors
February 3, 2020 Page 4of7
h. Member Dues Update - Lisa Johnson
All dues are paid to date.
otion made by: _____ _, Seconded by:-------Approved_ Denied _j No Action Taken.
TAC-Luz-Conference Update Report (Attachment 7f)
Luz discusses status of contracts for conferences thru 2023.
i. 125th Annual Conference Update - Jon Gimble/ Andy Harwell - not present
Laura states they are working on the 2020 summer conference, the contract is signed and everything is on track. Stacy
will be taking over the progress of it.
Motion made by: ______ Seconded by: _______ Approved_ Denied _J No motion made
j. 126th Annual Conference Update - Julie Smith (Attachment 7j)
Julie states projected budget for the 2021 Summer Conference Amarillo is $235,282.00. The contract has not been
signed. The food and beverage minimum is $16,000.00 at the Embassy. Food at the civic center will have to be catered
and there is no minimum deposit.
Motion made by: Berta Rios Martinez, Seconded by: Sandra Roblez Approved _lL Denied _
k. Proposed Bylaw Changes - Velva Price requests discussion of these proposed changes during the special
budget meeting.
i. Change the membership term from July/June to January/December
ii. Transferring dues to successor. We transfer from one clerk to another now but it is not in the bylaws.
Changing the membership term will fix this issue. Discussion should be continued on this subject.
iii. Removal of officers - replace with same officer title (if was county clerk, replace with county clerk).
Allow to notify them by electronic means.
iv. Community Outreach fund - how will we disburse funds raised for clerks during disasters. We would
remove this from the budget. Possibly create a 501c3 to manage these funds.
v. Laura -creating a foundation board is the direction we need to discuss. It has been advised that we
don't run the community outreach fund thru the budget. Laura asked how the board would feel about
this. Run this foundation board as a grant. Bring people from the body of association to run this with
expertise in investments, 501c3, legal, tech person, etc. and come up with a startup budget. Much
discussion but no decision made.
vi. PO's at registration - avoid that but does not suggest it go into the bylaws.
Motion made by: ______ Seconded by: _______ Approved_ Denied _J No Action Taken.
Meeting Minutes CDCAT Board of Directors
February 3, 2020 Page S of 7
I. Committee Reports
i. Bylaws - discussed under 7k.
ii. Community Outreach - discussed under 7k.
iii. Education -Judy Crawford
Already started on the summer conference.
iv. Legislation - discussed under 71.
v. Sales-Sandra Roblez
Requesting a co-chair-doesn't have room for everything, possibly rent a truck to transport items.
Jennifer Lindenzweig suggested having a clearance sale to get rid of inventory and use them for door
prizes. Laura says YES you don't need board approval for a co-chair. We need to add money to the
budget for transportation.
vi. Banking and Finance - Dwight Sullivan not present (Attachment 71vi) -
Laura - banking and finance to be a permanent committee - will send to Velva and Karen to work out.
vii. Pictorial - Loretta Cammack
Discussion was started to order online but the challenge is that the sales committee has the inventory so
the question is, who will manage this. Who will ship, costs? Don't think there is a big demand for online
ordering. There won't be a new update until next election. Sandra and Loretta not interested in
working online sales.
viii. Procedure Manual - Lynne Finley not present (Attachment 71viii)
Laura states Lynne spoke with liaison at the OCA, Lynne will be holding a meeting of her committee by
the bar.
ix. Memorial - Patricia Oyerbides not present
Laura states that Patricia asks if you hear of someone who has passed to let her know.
x. Historical - Margaret Dorman not present (Attachment 71x)
Laura states that everyone has turned in their information to her.
xi. Website - David Bray not present
Laura states we are looking at his contract.
xii. re:SearchTX/eFile - Sharena Gilliland
Criminal cases coming soon. EFile is going out for bid this year and JCIT is making recommendations for
changes. Sharena is on the committee to structure the new contact, huge committee.
Meeting Minutes CDCAT Board of Directors
February 3, 2020 Page 6of7
8. New Business
a. Stacey Kemp tells us the Cattleman's Association wants to partner with the clerks' offices to integrate a
statewide electronic brands software. It will allow electronic renewals, the brand would last for 10 years, and
they suggest increasing the fees. Collin County has been working with the Cattleman's Association for the last
10 years, developed the brand software, and will share it free of charge. Brands renew next year so trying to get
the program up and running.
b. Report and discussion on judicial grant struck
c. Report and discussion on copyright laws - Karen Gladney
Michael Pitchinson, legal counsel for TAC received a call about pictures used in a presentation without
permission in a presentation from a past conference that was copyrighted. TAC is negotiating the amount they
are requesting (around $500). TAC will seek reimbursement from the CDCAT for the settlement amount. TAC
decided not to include the association in the suit but everyone needs to ensure they are careful with pictures or
to remove them from the presentations before submission to any website.
d. Velva Price brings up the fact that there are committee chairs that are not attending board meetings
and giving no reports and she feels this should be addressed in the bylaws. She wants language to remove or
address this behavior. It will be discussed during the bylaws meeting.
e. Lisa Johnson discusses the TAC community-the CDCAT website needs to be updated with new listserv
information.
f. Laura Hinojosa discusses new wording for the judicial grant reimbursement forms clarifying the auditor's
issues that we were not being reimbursed from another source.
ADJOURN
Velva Price motion Lisa Johnson second Approved .JL Denied _
There being no further business the meeting adjourned at 12:26pm on February 3, 2020.
Respectfully submitted
Patti Henry, Chambers County District Clerk
Meeting Minutes CDCAT Board of Directors
February 3, 2020 Page 7 of 7
THE COUNTY & DISTRICT CLERKS' ASSOCIATION OF TEXAS
VICE PRESIDENT ST ACEY KEMP
COLLIN CDUNlY CLERK 2300 BLOOMDALE ROAD, STE 2106
MCKINNEY, TEXAS 75071 PHONE: 972-548-4185
FAX: 972-547-573 1 [email protected]
TREASURER LISA JOHNSON
HEMPHILL COUNlY CDMBINA TION CLERK P .O . Box867
CANADIAN , TEXAS790 14 PHONE: 806-323-Q212
FAX: 806-323-8 125 li saj@henmhill-detk .com
P RESIDENT LAURA HINOJOSA
HIDALGO CDUNlY DISTRICT CLERK P.O . B0X87
EDIN BURG , TEXAS78540 PHONE : 956-289-7801
FAX: 956-3 18-225 I laura.hi no [email protected] co h idal go .Ix.us
LETTER OF RETAINER
SECRETARY PATTI HENRY
CHAMBERS COUNlY DISTRICT CLERK P .O . DRAWERNN
ANAHUAC, TEXAS 77514 PHONE: 409-267-5596
FAX: 409-267-8209 [email protected]
IMMEDIATE PAST PRESIDENT JENNlFER LINDENZWEIG
HUNT COUNlY CLERK P .O . BOX 13 16
GREEN VILLE, TEXAS 75403 P HONE: 903-408-4130
FAX: 903 -408-4287 [email protected]
This letter w ill serve as an agreement between The County & District Clerks ' Association of Tex as and Karen Gladney for legal services in matters that arise before the Texas Legislature. The Association is retaining Ms . Gladney for the purpose of providing legal advice and legal-related legislative services .
Ms . Gladney agrees to provide the following scope of work:
• Draft legislation as directed by the Legislative Committee; • Prepare talking points on the drafts ; • Interact with the Texas Legislative Council on Association legislation where approved as a
contact person, if needed; • Participate in conference calls and clerk meetings related to any legislation; • Communicate regularly with Cary Roberts and Nanette Forbes on legislative issues ; • Meet with the Association ' s Legislative Committee as required ; • Assist with analysis of enacted bills affecting county and district clerks; • Accompany Cary Roberts and clerks to sponsor 's office to assist in explaining the draft
legislation, if needed; • Review and analyze other proposed legislation affecting county, district and combination clerks ; • Accompany Cary Roberts and clerks to a legislator' s office to assist in explaining how other
proposed legislation may affect county, district and combination clerks , if needed; • Other tasks mutually agreed upon by the Association and Ms . Gladney.
The agreed price for the scope of work is $3 ,250.00per month beginning July 1, 2020, and continuing through June 30, 2021.
Laura Hinojosa, CDCAT President Signed on behalf of The County & District Clerks' Association of Texas
Karen Gladney
Date
Date
County and District Clerks Association of Texas
Lobbyist Agreement
This Agreement is made on this the 1st day of June, 2020 between Carter Casteel
and Cary Roberts (Casteel & Roberts) and the County and District Clerk's
Association of Texas {CDCAT). The two parties agree as follows:
Term
The term of this Agreement is from June 1, 2020 through June 30, 2022. Either
party may terminate the Agreement on 30 days written notice to the other party.
Services
The parties agree that the Gonsultant shall perform the following services:
1. Develop political and legislative strategies to assist CDCATin achieving its
goals;
2. Communicate the position of CDCAT to the legislative and executive
branches of Texas government, interested parties, and the public;
3. Represent CDCAT during meetings, hearings and negotiating sessions
involving the executive or: legislative branches of Texas government
regarding issues of importance to GDCAT;
4. Work with elected officials, members and staff persons of the Texas
House of Representatives and Texas Senate in passing or amending
legislation-favorable to CDCAT or in defeating legislation deemed harmful
to the goals of CDCAT;
5. Monitor interim committee studies and interim committee meetings;
provide information from the studies and meetings that may be beneficial
in preparing for the legislative session.
FEES
6. Prepare and provide copies of draft legislation to the designated CDCAT
representative prior to filing, for approval and/or revision of the
language.
7. Attend meetings of county officials' associations as requested by the
CDCAT executive board to provide information on legislative matters
related to county government and county and district clerks; and
8. Provide status reports to CDCAT designee, regarding the items outlined
above.
For services rendered under this Agreement, CDCAT agrees to pay
Consultant/Lobbyist the sum of $45,000.00 annually, which shall be payable in
monthly installments of $3,750.00. The fee shall be made to Casteel & Roberts on
or about the first of each month. It may be made by check or electronically
transmitting funds.
ETHICS/CONFLICTS OF INTEREST
Consultant will comply with all relevant state laws regardir1g ethics and lobbying.
Consultant will immediately notify CDCAT in the event a conflict of interest arises
between the goals of CDCAT and any other client represented by lobbyist and will
resolve any conflict prior to taking action for either party. Such conflicts shall be
resolved as soon as practicable. In the event a conflict of interest cannot be
resolved, CDCAT may immediately terminate this Agreement.
REGISTRATION REQUIREMENTS
Texas ethic laws require Consultant to disclose its representation of CDCAT and to
report certain monies paid for some of the activities to be conducted under this
contract. Consultant will comply with all rules regarding such disclosure and shall
communicate with CDCAT prior to filing such disclosures. In addition, if the
Consultant performs any lobbying for CDCAT with any local jurisdiction, it is the
responsibility of the Consultant to properly register and comply with all local
lobbying ordinances.
Consultant agrees not to engage in any activity on behalf of CDCAT, which is
contrary to any Federal, State, or local law or regulation. Furthermore, Consultant
agrees not to make or offer any gifts or gratuities to any public official on behalf of
CDCAT.
County & District Clerks Association of Texas
Date ---------
CDCAT President
David Bray Original Contract-Proposed
Support and End-User licensing Agreement For
The County and District Clerk's Association ofTexas {CDCAT) CDCAT website and CE Hours Tracker Program
The following is an Agreement that has been established between David Bray and the County and District Clerks' Association ofTexas (CDCAT), for hosting and maintenance of the CDCAT website and CE Hours Tracking System developed and installed by Bray.
Any changes, additions or maintenance of the website and CE Hours Tracker System are to be carried out exclusively for the duration of this Agreement by Bray. Requests for changes and additions can be
made by CDCAT for the purpose of assisting is providing most current availability of information. All support and development requests shall be made and authorized by CDCAT and their acting agent.
Development Development is defined as a request for a change or addition to either the CDCAT or CE Hours Tracker System website that requires changes to the underlying source code.
Support Call A support call is defined as any request for assistance in using configuring or resolving an issue related to either the CDCAT or CE Hours Tracker System website. A support call also includes any updates to the sites related to the addition of content that does not require development.
Logging Time spent by Bray fulfilling the support or development request is to be logged to the nearest halfhour. Time logs will be provided at the time of invoicing.
Invoicing Invoices for work carried out by Bray under the terms of the Agreement will be invoiced at the completion of the proposed project.
Payment Terms Payment is due within thirty (30) days of invoice date. Services will be temporarily withdrawn for unpaid invoices exceeding thirty (30) days.
Rates An annual fee of $1200.00 will be billed for the hosting and daily offsite backups of the CDCAT website. Annual billing of this amount will startJanuary 1, 2021.
The CE Hours Tracking web site (cdcat.cehourstracker.com) is billed on a per user/ per year basis at the current rate of $XX.xx. Billing will occur on January 1 of each calendar year. Bray will determine the number of active users at the beginning of each year. Deactivation of a user is the responsibility of the CDCAT.
Support as defined previously will be billed at the rate of $75.00 per hour. Development as defined previously will be billed at the rate of $100.00 per hour.
David Bray Original Contract-Proposed
System Definition The system is defined as follows: The system is split into three components:
1. The CDCAT website (www.cdcatexas.com). 2. The CE Hours Tracker System used by members to enter information required for required CE
Hours (cdcat.cehourstracker.com). 3. Administration - the process used to configure information on the website and the CE Hours
Tracker program (admin.cdcatexas.com). Any requests for the development of software that falls outside of the above definition will not be considered a "support call" for the programs but as a request for a quotation for the development of a new software product.
Rights of Use The CE Hours Tracker system is owned by Bray. CDCAT is entitled to use the product for an indefinite time period from the date of installation as long as all yearly fees are paid.
System Updates Enhancements to the operation and design of the existing website(s) resulting from the development of the system for other clients will be offered to CDCAT for no additional fee or costs.
Data Handling CDCAT agrees that Bray is not to be held responsible for claims arising from the loss, misappropriation or misuse of data collected and stored using the website(s) system. This includes the following causes:
1. Any authorized use of the system, by the client, that does not follow the operational procedures set out by Bray for the correct use of the system.
2. Server malfunction or maintenance. 3. Local workstation or network malfunction or maintenance.
Web Server Bray agrees that he is responsible for hosting the web server, which will be included in the yearly invoiced amount. Bray cannot add any additional guarantee of the 24/7 availability of, or access to, the web space. Bray cannot guarantee the availability of a unique IP address. CDCAT agrees that Bray is not to be held responsible for any time-out issues caused by web server malfunction or maintenance.
Claims CDCAT agrees that Bray shall not be responsible for claims resulting from decisions made using inaccurate information supplied by the website(s) or the interpretation of information supplied by to individuals using the system(s).
Termination Either party may terminate this agreement for any reason whatsoever, without cause at any time, by furnishing to the other party ninety (90) days prior written notice. CDCAT's only obligation for terminating this agreement pursuant to this section shall be the payment to Bray of payments earned hereunder prior to the date of termination. Bray's only obligation for terminating this agreement pursuant to this section shall be to provide services until the date of termination. Neither Bray nor CDCAT shall thereafter be entitled to any other compensation. Upon termination of this contract by
David Bray Original Contract-Proposed
either party Bray will release the source code and backend database for the CDCAT website. The CE Hours website is considered to be a software as a service and termination of this contract will only terminate that service. The CE Hours database can be provided upon termination but no source code will be released for the CE Hours website.
Notices Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if sent via email with read receipt requested, made in writing and delivered by handdelivery, facsimile and confirmed by first-class mail, postage prepaid, or deposited in the United States Mail, postage prepaid, addressed to the respective representative and to the respective addresses set forth below. The notice shall be effective on the date of receipt, unless notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.
Notices to David Bray shall be sent to: 2726 Oak Hills Trail San Angelo, TX 76904 [email protected]
Notices to the County and District Clerks' Association shall be sent to the President of the CDCAT.
Executed by:
Stacey Kemp Collin County Clerk and CDCAT President 2020-2021
Date: ____________ _
David Bray
Date: ____________ _
David Bray Original Contract (Signed 2013)
Support and End-User Licensing Agreement
For The County and District Clerk's Association of Texas (CDCAT)
CDCAT website and CE Hours Tracker Program
The following is an Agreement that has been established between (David Bray) and the County and District Clerks Association of Texas (CDCA1), Texas for hosting and maintenance of the CDCAT website and CE hours tracking system developed and installed by (Bray.)
Any changes, additions, or maintenance of the website and CE hours Tracker System are to be carried out exclusively for the duration of this Agreement by (Bray). Requests for changes and additions can be made by CDCAT for the purpose of assisting is providing most current availability of information. All support and development requests shall be made and authorized by CDCAT and their acting agent.
Development
Development is defined as a request for a change or addition to either the CDCA Tor CE Hours web site that requires changes to the underlying source code.
Support Call
A support call is defined as any request for assistance in using, configuring, or resolving an issue related to either the CDCAT or CE Hours web site. A support call also includes any updates to the sites related to the addition of content that does not require development.
Logging
Time spent by (Bray) fulfilling the support or development request is to be logged to the nearest half-hour. Time logs will be provided with each quarterly invoice.
Quarterly Invoicing
Invoices for work carried out by Bray under the terms of this Agreement will be invoiced on the last working day of each calendar quarter.
Payment Terms
Payment is due within thirty (30) days of invoice date. Services will be temporarily withdrawn for unpaid invoices exceeding thirty (30) days.
Rates
An initial charge of $5000 will occur for the design and initial setup of the CDCAT website. An
David Bray Original Contract (Signed 2013)
annual fee of $250 will be billed for the hosting and daily offsite backups of the CDCAT web site. Annual billing of this amount will start January I, 2014.
The CE Hours Tracking web site (cdcat.cehourstracker.com) will be billed annually for $1000.00. Billing will occur on January 1 of each calendar year.
Support as defined previously will be billed at the rate of $25 per hour. Development as defined previously will be billed at the rate of $50 per hour.
System Defmition
The system is defined as follows: The system is split into three components;
I. The CDCAT web site (www.cdcatexas.org). 2. The CE Hours Tracker System used by members to enter information required for required
CE Hours ( cdcat.cehourstracker.com). 3. Administration - the process used to configure information on the website and the CE Hours
tracker program.
Any requests for the development of software that falls outside of the above definition will not be considered a "support call" for the programs but as a request for a quotation for the development of a new software product.
Rights of Use
The CE Hours Tracker system is owned by (Bray). CDCAT is entitled to use the product for an indefinite time period from the date of installation as long as all yearly fees are paid.
System Updates
Enhancements to the operation and design of the existing website(s) system resulting from the development of the system for other clients will be offered to CDCAT for no additional fee or costs.
Data Handling
CDCAT agrees that (Bray) is not to be held responsible for claims arising from the loss, misappropriation or misuse of data collected and stored using the website(s) system. This includes the following causes:
I. Any authorized use of the system, by the client, that does not follow the operational procedures set out by (Bray) for the correct use of the system.
2. Server malfunction or maintenance. 3. Local workstation or network malfunction or maintenance.
Web Server
David Bray Original Contract (Signed 2013)
(Bray) agrees that he is responsible for hosting the web server, which will be included in the yearly invoiced amount. (Bray) cannot add any additional guarantee of the 24/7 availability of, or access to, the web space. (Bray) cannot guarantee the availability of a unique IP address. CDCAT agrees that (Bray) is not to be held responsible for any time-out issues caused by web server malfunction or maintenance.
Claims
CDCAT agrees that (Bray) shall not be responsible for claims resulting from decisions made using inaccurate information supplied by the website(s) or the interpretation of information supplied by to individuals using the system(s).
Termination at Will
Either party may terminate this agreement for any reason whatsoever, without cause and at any time, by furnishing to the other party thirty (30) days prior written notice. CDCAT's only obligation for terminating this agreement pursuant to this section shall be the payment to (Bray) of payments earned hereunder prior to the date of termination. (Bray's) only obligation for terminating this agreement pursuant to this section shall be to provide services until the date of termination. Neither (Bray) nor CDCAT shall thereafter be entitled to any other compensation. Upon termination of this contract by either party (Bray) will release the source code and backend database for the CDCAT web site. The CE Hours web site is considered to be a software as a service and termination of this contract will only terminate that service. The CE Hours database can be provided upon termination but no source code will be released for the CE Hours web site.
Notices
Any notice, demand, or request required by or made pursuant to this Agreement shall be deemed properly made if made in writing and delivered by hand-delivery, facsimile and confirmed by firstclass mail, postage prepaid, or deposited in the United States Mail, postage prepaid, addressed to the respective representative and to the respective addresses set forth below. The notice shall be effective on the date of receipt, unless notice is received on a Saturday, Sunday or legal holiday, it shall be deemed received on the next business day.
Notices to David Bray shall be sent to: 3230 Forest Hill Dr. San Angelo, TX 76904 davebray l 3 [email protected]
Notices to the County and Clerk shall be sent to: CDCAT-President and
David Bray Original Contract (Signed 2013)
IN WITNESS WHEREOF, the parties hereto have caused this agreement including the exhibits attached hereto and incorporated herein by reference to be executed as of the date first above written.
Executed by
By:~~ CDCAT President
Date: 7 - 8 - { ?.:>
(Bray)
By: _ ___::.:,~ .;;___·· ' - -~- ---;.,,c~'----
David Bray ~ Date: ___ 7:.........--~~-----=-'-.,,,c.2- ----
Approved:
Proposed Budget 2020-2021 ._,. , .
' . r. ; ...... ·~ · ._ .~-- -~-~ - Y-• - ._ -~--- , ..._.... -~-·- -~---- -~-,.- ~-··'" ·c
Prooosed Budget for 2020 -2021 Budget July Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. April May June Annual Total Bud1et Remalnln1 I Ordinary Income
Annual Conference 2020 (Summer) 83,500.00 83,500.00 AC/2020 Keaistration 80,000.00 80,000.00 AC/2020 Sales/Merchandise/Pictorial 3,000.00 3,000.00 AC/2020 Sales/Tax Collected 500.00 500.00 Fall Conference 2020 60,500.00 60,500.00 FC/2020 Reaistration 57,000.00 57,000.00 FC/2020 Sales/Merchandise/Pictorial 3,000.00 3,000.00 FC/2020 Sales Tax Collected 500.00 500.00 Winter Conference 2021 103,500.00 103,500.00 WC/2021 tteaistration 100,000.00 100,000.00 WC/2021 Sales/Merchandise/Pictorial 3,000.00 3,000.00 WC/2021 Sales Tax Collected 500.00 500.00 Annual Conference 2021 (Summer) 83,500.00 83,500.00 AC/2021 Reaistration 80,000.00 80,000.00 AC/ 2021 Sales/ Merchandise/Pictorial 3,000.00 3,000.00 AC/2021 Sales Tax Collected 500.00 500.00 Fall Conference 2021 60,500.00 60,500.00 FC/2021 Reaistration 57,000.00 57,000.00 FC/ 2021 Sales / Merchandise/ Pictorial 3,000.00 3,000.00 FC/2021 Sales Tax Collected 500.00 ' \.. r r-.. 500.00 Dues 56,900.00 . L ~- .. r,J ""''""~- 56,900.00 ScholarshlD Donations 3,000.00 - ~ • \.IC."\~ v-- 3,000.00 Memorial Donations 500.00 ...... -· 500.00 Conference Soonsor Transfers 213,000.00 h A.~ - -<UA ,'-- .. '-.....I&-~-~ .,_., ~c;.. ,... ~~ ~I[ ]), ~ \..) 1..-' 213,000.00 Education/ Leadership Training Reimbursements (TAC) ' -Judldal Grant Reimbursements Leadership 254/TAC Board Reimbursements Sales Committee m1 Reimbursement
GRAND TOTAL INCOME 664,900.00 451,900.00
EXPENSES Annual Conference Advance 2021 10,000.00 10,000.00 Site Visit - Annual Conference 2021 (Summer) SV/2021 Travel 2,000.00 2,000.00 SV/2021 Loaoing 2,000.00 2,000.00 SV/2021 Meals 1,000.00 1,000.00 Annual Conference 2020 (Summer! AC/2020 Program Expenses 150,000.00 150,000.00 AC/2020 Sales/Merchandise 3000.00 3000.00 AC/2020 Sales Tax Paid on Merchandise Bouo 500.00 500.00 AC/2020 Travel 600.00 600.00 Fall Conference 2020 -FC/2020 Proaram Exnenses 78000.00 78000.00 FC/2020 Sales/Merchandise 3 000.00 3 000.00 FC/2020 Sales Tax Paid on Merchandise Boua 500.00 500.00 FC/ 2020 Travel 600.00 600.00
Winter Conference 2021 - - - - - -WC/2021 Proaram Exoenses 130 000.00 130 000.00 WC/2021 Sales/Merchandise 3000.00 3000.00 WC 2021 Sales Tax Paid on Merchandise Bou1 500.00 500.00 WC/2021 Travel 600.00 600.00
WC/2020 Auction Reception 10,000.00 10,000.00 Annual Conference 2021 (Summer) (Amafllo) -AC/2021 Program Expenses 150,000.00 150,000.00 AC/ 2021 Sales/ Merchandise 3 000.00 3000.00 AC/2021 Sales Tax Paid on Merchandise Bouo 500.00 500.00 AC/2021 Travel 600.00 600.00 Fall Conference 2021 FC/2021 Proaram Exoenses 78,000.00 78,000.00 ; t-l.;/2021 Sales / Merchandise 3,000.00 3,000.00 it-UlU:.!:1 Sales Tax U>Hected 500.00 500.00
FC/2021 Travel 600.00 600.00
Proposed Budget 2020-2021 continued FUTURE CONFERENCE DEPOSITS 1,500.00 1,500.00 Awards &. "ms 10,000.00 10,000.00 11:auc:aaon or Ip Training 20,000.00 20,000.00 National Travel 5,000.00 5,000.00
,.,,A I Ii TA I EA 11:1ec:aon Kec:eDUon 5,000.00 l ,, ;A I Lealstatlve Reception 10,000.00 V' ;i.'li!J
• ll:XD8IIS8S 5,000.00 , __ . -'-'~ 5,000.00 !stative Travel 3,000.00 / \,...'<-'' e_f'\ 3,000.00
osmae 3,000.00 3,000.00 f'ro esslonal Services 45,000.00 , .t. ""'" ,r,
a 45,000.00 ps 12,000.00 12,000.00
.nnce Supp11es1uenera1 Administrative 2,000.00 2,000.00 :,lctorlal Directory Printing 3,000.00 3,000.00 ,veo :;ervtces Al, 8,500.00 8,500.00 .. ommunn:y uUV1N11Cn c;;omnmme 300.00 300.00
Refunds/Overpayments 500.00 500.00 Future Conference Deposits 1,500.00 1,500.00 Sales and Use Tax Returns (pay to State 2,500.00 2,500.00
Leadership 2541 TAC Bo.d 10,000.00 Sales Committee TIii 200.00 Uncategorized Expenses over $500.00 must
Grand Total Expenses I ns.soo.oo I m .soo.oo I 114,600.00
Lobbyist Tracking Form LOBBYIST TRACKING FORM BUDGET JULY AUG SEPT OCT SEPT OCT NOV DEC JAN FEB MARCH APRIL MAY JUNE TOTAL
INCOME Annual Conference 2020 (Summer) Sponsorships / Booth Rental $ 80,000.00 0
Fall Conference 2020 Sponsorships / Booth Rental $ 23,000.00 0
Winter Conference 2021
Soonsorships / Booth Rental $ 50,000.00 0
Annual Conference 2021 ( Summer) Sponsorships / Booth Rental $ 80,000.00 0
Fall Conference 2021 0 Sponsorships / Booth Rentals $ 23,000.00
TOTAL INCOME $ 256,000.00 0
EXPENSE Lobbyist $ 39,000.00 0 Travel $ 500.00 0 TOTAL EXPENSES $ 39,500.00
Additional Investments 'AUUI I IUIV\L ll'IYC_,I ~ ll'IUCl'l'-T IDUUUCI ;JULT .. uu 1.,c.-1 IV'-1 1:n.l'I IU\.I ... uv UC\. JA"' rl:'.D IYIAl\'-M IAl'I\IL 1-, IJUl'IC IUl"L
u Mr•~•,, " D.._,,_, u
11'111:'.l\l:'._,I ~·---··- isu ... u::, , ... ,u IYIIYI Tl:'..RI\LI u MUNtT MAIU~l:'.I
u t"'VK I t"UL .10 MUN I ML Y I U I f\t_S
-· ·-· -r-c:.l"\MUl'IIM
"" ,A I IUIAL:
31All:'.UI\Al'II • ;)IAI\I UAll:'.vJ,--,--- - ~ L:»L,:,L.1. .44
:.m:.m Fall Uodate 1zuzu Annual Cont.I zuz1 Winter uoaate ( zuzu Fall Cont.) zuz1Annual t,;onterence ( zuz1 winter t,;ont.)
~ .. . ; .. .!· '. ' ~ --- ~ .__ .__ -· .__ - ~- ·--·-,-· -·---·- -Prooosecl Budget for 2020 -2021 Budget July Aug. Sept. Oct. Nov. Dec. Jan. Feb. Mar. ,prll IV ,e A nu I I Dud2et Remalnin2 Ordinary Income
Annual Conference 2020 (Summer) 83,500.00 83,500.00 AC/2020 Reaistration 80,000.00 80,000.00 AC/2020 Sales/Merchandise/Pictorial 3,000.00 3,000.00 A"'"" '"''" ,a rrl II ~'I( J .c 500.00
all \;Of 111 '8hce 202u ' 00. 60,500.00
:IJ teai :I s ·:,r ,() .on 57,000.00 FC/2020 Sales/Merchandise/Pictorial 3,000.00 FC/2020 Sales Tax Collected .c 500.00 Winter Conference 2021 103,5 103,500.00 WC/2021 Reaistration 100, 100,000.00 WC/2021 Sales/Merchandise/Pictorial 3,000.00 3,000.00 WC/2021 Sales Tax Collected 500.00 500.00 Annual Conference 2021 (Summer) 83,500.00 83,500.00 AC/2021 Registration 80,000.00 80,000.00 AC/ 2021 Sales/ Merchandise/Pictorial 3,000.00 3,000.00 AC/2021 Sales Tax Collected 500.00 500.00 Fall Conference 2021 60,500.00 60,5 .00 FC/2021 Registration 57 000.00 57,000.00 FC/2021 Sales/ Merchandise/Pictorial 3,000.00 3,000.00 FC/2021 Sales Tax Collected 500.00 500.00 Dues 56,900.00 56,900.00
Donations 3,000.00 3,000.00 Memorial Donations 500.00 500.00 Conference soonsor Transfers 210,500.00 ' 210,500.00 Education/ Leadership Training Reimbursements (TAC) Judicial Grant Reimbursements Leadership 254/TAC Board Reimbursements Sales Committee TIii Relmbunement
GRAND TOTAL INCOME 662,400.00 451,900.00
EXPENSES Annual Conference Advance 2021 10,000.00 10,000.00 Site Visit· Annual Conference 2021 (Summer) SV/2021 Travel 2,000.00 2,000.00 SV/2021 Lcxtaina 2,000.00 '04.
SV/2021 Meals 1,000.00 1,000.00 Annual Conference 2020 (Summer) AC/2020 Program Expenses ######### 1 ,0 0.00
AC/2020 Sales/Merchandise 3000.00 .,, .00 AC/2020 Sales Tax Paid on Merchandise Bouc 500.00 500.00 AC/2020 Travel 600.00 600.00 Fall Conference 2020 FC/2020 Prnnram FxnAnses 78 000.00 78 000.00 FC/2020 Sales/Merchandise 3 000.00 3 000.00 FC/2020 Sales Tax Paid on Merchandise Boua 500.00 500.00 FC/2020 Travel 600.00 600.00
Winter Conference 2021 . . WC/2021 Proaram Exoenses ######### 130 000.00 WC/2021 Sales/Merchandise 3 000.00 3000.00 WC 2021 Sales Tax Paid on Merchandise Bou 500.00 500.00 WC/2021 Travel 600.00 600.00
WC/2020 Auction Reception 10,000.00 10,000.00 Annual Conference 2021 (Summer) (Amarillo) AC/2021 Proeram Expenses ######### 150,000.00
AC/ 2021 Sales/ Merchandise 3 000.00 3000.00 AC/2021 Sales Tax Paid on Merchandise Boua 500 .00 500.00 AC/2021 Travel 600.00 600.00
Fall Conference 2021 FC/2021 Proaram t:.xoenses 78,000.00 78,000.00 t-1.,u021 Sales / Merchandise 3,000.00 3,000.00
I t"\.,/L\J-'l Sales 1 ax COll8Cl80 500.00 500.00 FC/2021 Travel 600.00 600.00
Refunds/Overpayments Future Conference Deposits Sales and Use Tax Returns (pay to State
45,000.00 12,000.00
2,000.00 3,000.00 8,500.00
300.00
500.00 1,500.00 2,500.00
10,000.00 200.00
1,500.00 10,000.00 20,000.00
5,000.00
500.00 1,500.00 2,500.00
n9,500.oo
LOBBYIST TRACKING FORM BUDGET JULY AUG SEPT OCT SEPT OCT NOV DEC JAN FEB MARCH APRIL MAY JUNE TOTAL
INCOME Annual Conference 2020 (Summer)
Soonsorshios / Booth Rental S 80 000.00 0
Fall Conference 2020
Soonsorshios / Booth Rental $ 23 000.00 0
Winter Conference 2021
Soonsorshios / Booth Rental $ 50 000.00 - 0
Annual Conference 2021 ( Summer)
Soonsorshios / Booth Rental $ 80 000.00 0
Fall Conference 2021 0 Soonsorshios / Booth Rentals $ 23 000.00
TOTAL INCOME $256,000.00 0
EXPENSE
Lobbvist $ 45 000.00 0 Travel $ 500.00 0 TOTAL EXPENSES
·. $45,500
IIUUb< IJULT IAUb ,~·~· 11.J<. ,~·~· U<.I NUV IU<l. JAN UD M"l<U'I .. ~ .... , __ ,uNr .. ,. ..
l l L
-uNr _a,n,r
u r'UK t"ULIO MUN HL T I ALS nJ.1. MNl,F"'" ,_.,- ,. J\/ll Jl'\I r,
~~
~ ,vrna, 'UIML: ---- --
filJ 3'MICUftMRO • s L~L,~L .44 - -I •e 11 •~ate ,.,,. Annua1cont.1 winter UDdate c /11/1 t-all c,;onf .l
,,.nnua1 conterence ( "v", vv,nter cont .)