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HomeMy WebLinkAbout2007-07-31-9:00AM-REGULARBRAZOSCOUNTY - BRYAN, TEXAS .fin Greer NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT r7 THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 31 JULY 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Mallard. 2. Call for citizen's input and/or concerns. 3. Presentation of Wide Area Communications System. 4. Presentation by the Brazos County Master Gardener Association on renovations to the Brazos County Demonstration Garden. Consider and take action on agenda items 5 — 24: 5. Budget Amendment 06/07 -38.1 thru 06/07 -38.7. 6. Request from the District Attorney for a reorganization of specific position salaries due to impending vacancies. 7. Request from the Sheriffs Office for the following position reclassification: from: position 3 Investigator Class 4403 to: temporary position Court Liaison Officer, CLEAR Team 8. Personnel Change of Status. Office of the County Judge . 300 East 26" St. . Suite 114 . Bryan. Texas 77803 . Fax: (979) 361.4503 VOL 91 PAGE -lS Commissioners Court Agenda 31 July 2007 Page 2 9. Payment of Claims. 10. Adoption of an e- filing fee of $2.00 per submission for the purpose of recovering the actual costs directly incurred by Brazos County in providing case management electronic filing, pursuant to Texas Government Code, sections 2054.111(e) and 2054.1115(b). 11. Rescind approval of the Purchase Agreement with Tyler Technologies, Inc. for enhancements that will enable the filing of court documents with the District Clerk via the internet, approved in Commissioners Court on 26 June 2007. 12. Renewal of the Agreement with Texas A &M University for pre - employment psychological screenings for peace officers and detention officers. Term of this agreement is 1 October 2007 through 30 September 2008. 13. Interlocal agreement with the Brazos County Appraisal District for the performance of computing services for Brazos County, allowing temporary access to the Orion software currently installed on the District's computing system/network, effective immediately through 31 December 2008. 14. Title IV -E Child Welfare Services contract for FY08, reimbursing Brazos County for qualifying expenses for children in the foster care program. 15. Title IV -E Legal Services Services contract for FY08, reimbursing Brazos County for qualifying expenses for the District Attorney's Office related to Child Protective Services cases. 16. Public Official Bond for Kristeen Roe as Tax Assessor /Collector. Term of this appointment is 1 August 2007 through 31 December 2008. 17. Request from the Information Technology Department for permission to adjust the inventory of printer cartridges, sending those cartridges no longer required by Brazos County to auction and disposal of those determined to be of no value. 18. Request from the District Attorney for $10,000 from the County Records Management Fund to pay overtime for support staff working after hours to scan disposed files into an electronic system, which will free up file storage space for other uses. 19. Request from Judge Quintero, Justice of the Peace Pct. 4, for permission to pay the conference registration fee from the JP Technology Fund for Judge Quintero and his clerk to attend the 2007 Texas Vital Statistics Regional Conference on 8 August 2007. 20. Tax Refund Applications for Rose Marie Marchese. 21. Treasurer's Report for the month of June 2007, and the quarter ending 6/30/07. 22. Permission to award Bid 2007 -035, Pharmaceuticals, to Contract Pharmacy Services. Commissioners Court Agenda 31 July 2007 Page 3 23. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Long Trussel Road near its intersection with Cobb Road. Site is located in Precinct 2. 24. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Sand Creek Road approximately 0.2 mile its intersection with SH 21 East. Site is located in Precinct 2. 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Agency / Board / Committee reports by Court members. 28. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the meetin . make arrangements, call (979) 361 -4102. VOL �7 PR6E COMMISSIONERS' COURT REGULAR MEETING JULY 31, 2007 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, July 31, 2007 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Mallard gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The first matter before the Court was a briefing on a Wide Area Communications System Consultants gave the briefing Jim Baron, representing RCC The project participants are Brazos County, Bryan, College Station, TAMU, Brenham, and Washington County. The goal is to improve regional interoperable two -way radio communications. Funding will come Vol q' Page Commissioners Court meeting July 31, 2007 2 from the Public Safety Interoperable Communication (PSIC) Grant. Cost of the system is $26,623,925.00. The County Judge asked how long this system would last. Mr. Baron said he has seen life cycles showing 2024 but that could be extended. Mr. Baron went on to state that the system could be implemented in stages. The next matter before the Court was a presentation by the Brazos County Master Gardener Association on renovations to the Brazos County Demonstration Garden. Charla Anthony gave a presentation on the conceptual plan for the revitalization of the demonstration garden at the Extension Office. Dr. Elmer Krebel and Dr. Lyndon Almand, both Master Gardeners were present and spoke as well. There was no request for County funding merely a request for permission to proceed. The Court next considered Budget Amendment #06/07 -38.1 through 38.7 that would reallocate funds for the County Attorney, County Court at Law No. 2, Justice of the Peace, Precinct 4, Justice of the Peace, Precinct 2, Place 1, District Clerk, Capital Projects- Commissioners Court; and transfer funds from Contingency to Sheriff's Department. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the budget amendment as submitted, a copy of which is attached hereto. Vol 00 Page 79 Commissioners Court meeting July 31, 2007 3 The next matter before the Court was consideration of a request by the District Attorney seeking permission to reorganize the salaries of the Assistant District Attorneys. The District Attorney is requesting that the salary for the Administrative Attorney ($75,000) Class Code 0407, Position 1, be switched with the salary of the Assistant District Attorney ($55,702.00) Class Code 0415, Position 5. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. The Court next considered a request from the Sheriff's Office for permission to reclassify the Investigator Position 3, Job Class 4403 to a temporary position as a Court Liaison Officer for the CLEAR Team. The position will be terminated at the end of the grant on September 30, 2007. This will not increase the budget. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes as submitted. Vol 91 Page 8� Commissioners Court meeting July 31, 2007 4 The Court next considered the following Claims as submitted by the County Treasurer for payment: 7033741 through 7033982 On motion by Commissioner Wassermann seconded by Commissioner Peters, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of the adoption of an e- filing fee of $2.00 per submission for the purpose of recovering the actual costs directly incurred by Brazos County in providing case management electronic filing, pursuant to Texas Government Code Sections 2054.111(e) and 2054.1115(b). On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to adopt a $2.00 e- filing fee per submission for the recovery of cost for e- filing. The Court next considered rescinding approval of the purchase agreement with Tyler Technologies, Inc. for enhancements that will enable the filing of court documents with the District Clerk via the internet that was approved June 26, 2007. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to rescind approval of the purchase agreement with Tyler Technologies, Inc. The County Judge thanked the District Clerk for trying to Vol q 1 Page 91 Commissioners Court meeting July 31, 2007 5 save the County some money. The District Clerk's office will be taking on this responsibility. The next matter before the Court was consideration of a renewal agreement with Texas A &M University for Pre - employment Psychological Screenings for Peace Officers and Detention Officers. The fee for evaluations increased from $220 to $230. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal agreement with Texas A &M University for Pre- employment Psychological Screenings for Peace Officers and Detention Officers. A copy is attached. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and the Brazos County Appraisal District for the performance of computing services for Brazos County. This will allow temporary access to the Orion software currently installed on the District's computing system /network. This is authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code Chapter 791.00. Commissioner Peters moved to approve. Commissioner Mallard seconded the motion to enter into an Interlocal Agreement with the Brazos County Appraisal District effective immediately through December 31, 2008. After some discussion, Commissioner Peters and Commissioner Mallard amended their Vol aq Page 0d Commissioners Court meeting July 31, 2007 6 motion and second to correct the date of the contract to December 31, 2007. The Court voted unanimously to amend the motion. The Court then voted unanimously to enter into an Interlocal Agreement with the Brazos County Appraisal District effective December 31, 2007. The Court next considered approval of the Title IV -E Child Welfare Services contract for FY08, reimbursing Brazos County for qualifying expenses for children in the foster care program. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the contract. A copy is attached. The next matter before the Court was consideration of the Title IV -E Legal Services contract for FY 08, reimbursing Brazos County for qualifying expenses for the District Attorney's Office related to Child Protective Services cases. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the contract. A copy is attached. The Court next considered approval of the Public Official Bond for Kristeen Roe as Tax Assessor /Collector. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the Public Official Bond for Kristeen Roe as Tax Assessor /Collector. The term of the Vol q I - Page 95. Commissioners Court meeting July 31, 2007 7 appointment is from August 1, 2007 through December 31, 2008. The County Judge announced that the swearing in ceremony will take place later. Bill Ballard, Court Counsel, said Ms. Roe will take office at 12:01 a.m. on August 1, 2007. The Court next considered a request from the Information Technology Department for permission to adjust the inventory of printer cartridges, sending those cartridges no longer required by Brazos County to auction and disposal of those determined to be of no value. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter before the Court was consideration of a request from the District Attorney's office for $10,000 from the County Records Management Fund to be used to pay support staff overtime in order to scan a backlog of cases. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. The Court next considered a request from Justice of the Peace, Precinct 4, for permission to pay conference registration fees from the JP Technology Fund. This will be for the Judge and his clerk to attend the 2007 Texas Vital Statistics Regional Conference on August 8, 2007. Commissioner Mallard moved to approve the request. Vol Gt- Page 84 Commissioners Court meeting July 31, 2007 8 informed the Court that only one class was tech based so therefore only 23 percent should come out of the JP Technology Fund and the remainder should come from his budget. Commissioners Mallard amended his motion to take only 23 percent from the JP Technology Fund and the remainder from the Justice of the Peace office budget. Commissioner Peters seconded the amended motion which carried unanimously. The Court then voted to approve the request to pay for conference registration fees from the JP Technology Fund. The next matter for consideration was approval of three (3) tax refund applications from Rose Marie Marchese in the amount of $6.61, $.43 and $2.16 for payment in error. On motion by Commissioner Peters, seconded by the County Judge, the Court voted unanimously to approve the refunds. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for June 2007. A copy is attached. The Court next considered awarding Bid No. 2007 -035, Pharmaceuticals. Becky Stephens, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Contract Pharmacy Services. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to accept Vol Page 95 Commissioners Court meeting July 31, 2007 9 by Commissioner Mallard, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Contract Pharmacy Services. A copy of the bid tabulation is attached. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right -of -way of Long Trussel Road near its intersection with Cobb Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek Special Utility District to construct a road bore for waterline installation in the right -of -way of Sand Creek Road approximately 0.2 mile from its intersection with State Highway 21 East. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Vol 9 Page 96 Commissioners Court meeting July 31, 2007 10 Utility District and authorized the installation. A copy of the request is attached hereto. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) Asked Kristy Roe to come up to the front of the courtroom. He proceeded to read the law on the resignation of an officer, then swore her in as Tax Assessor. Under citizen input and /or concerns, the following spoke: Sheriff a)There were 543 inmates in jail. Buddy Winn, former Tax Assessor /Collector a) Thoroughly enjoyed working with everyone. Thanked the employees and citizens of Brazos County saying he sincerely appreciated their support. Kristy Roe, Tax Assessor a) Thanked the Court as well. The Tax Office will continue to do their very best. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) He briefed the Court on the meeting with the Research Valley Partnership and read off a list of projects for future development. Vol 9 7 - Page 97 Commissioners Court meeting July 31, 2007 11 County Judge a) He informed those present that the Personnel Policies are ready for pick in the Human Resources Department There being no further business to come before the Court, the meeting was adjourned. Vol 97 Page 99 BRAZOS COUNTY BRYAN, TEXAS STATE OF TEXAS COUNTY OF BRAZOS I, Karen McQueen, County Clerk of Brazos County do hereby certify that the following is a true excerpt from the minutes of the Commissioners Court meeting held July 31, 2007: The next matter before the Court was consideration of the adoption of an e- filing fee of $2.00 per submission for the purpose of recovering the actual costs directly incurred by Brazos County in providing case management electronic filing, pursuant to Texas Government Code Sections 2054.111(e) and 2054.1115(b). On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to adopt a $2.00 e- filing fee per submission for the recovery of cost for e- filing. 3b-t� Given under my hand and seal of office this 2-1St V day of August 2007 in Bryan, Brazos County, Texas. I TV IOX 4 aren McQueen, County Clerk By DeputY1n Brazos County Courthouse • 300 East 26`" St. • Suite 106 • Bryan, Texas 77803 • Fax: (979) 823 -6993 VOL R 7 PAGE 7 BRAZOS COUNTY BRYAN, TEXAS STATE OF TEXAS COUNTY OFBRAZOS I, Karen McQueen, County Clerk of Brazos County do hereby certify that the following is a true excerpt from the minutes of the Commissioners Court meeting held July 31, 2007: The next matter before the Court was consideration of the adoption of an e- filing fee of $2.00 per submission for the purpose of recovering the actual costs directly incurred by Brazos County in providing case management electronic filing, pursuant to Texas Government Code Sections 2054.111(e) and 2054.1115(b). On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to adopt a $2.00 e- filing fee per submission for the recovery of cost for e- filing. 3bi-� Given under my hand and seal of office this 2.11t V day of August 2007 in Bryan, Brazos County, Texas. Caren McQueen, County Clerk By f Deputy ,�,i Brazos County Courthouse • 300 East 2d' St. . Suite 106 Bryan, Texas 77803 • Fax: (979) 823 -6993 BRAZOS COUNTY BRYAN, TEXAS py,1n Grcea NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT t7 -, THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 31 JULY 2007 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE BRAZOS COUNTY COURTHOUSE, 300 E. 26TH STREET, SUITE 115, BRYAN, TEXAS. 1. Invocation and Pledge of Allegiance — Commissioner Mallard. 2. Call for citizen's input and/or concerns. 3. Presentation of Wide Area Communications System. 4. Presentation by the Brazos County Master Gardener Association on renovations to the Brazos County Demonstration Garden. Consider and take action on agenda items 5 — 24: 5. Budget Amendment 06/07 -38.1 thru 06/07 -38.7. 6. Request from the District Attorney for a reorganization of specific position salaries due to impending vacancies. 7. Request from the Sheriffs Office for the following position reclassification: from: position 3 Investigator Class 4403 to: temporary position Court Liaison Officer, CLEAR Team 8. Personnel Change of Status. Office of the County Judge • 300 East 26'' St. Suite 114 • Bryan, Texas 77803 . Fax: (979) 361 -4503 VpL_9 AL' / Commissioners Court Agenda 31 July 2007 Page 2 9. Payment of Claims. 10. Adoption of an e- filing fee of $2.00 per submission for the purpose of recovering the actual costs directly incurred by Brazos County in providing case management electronic filing, pursuant to Texas Government Code, sections 2054.111(e) and 2054.1115(b). 11. Rescind approval of the Purchase Agreement with Tyler Technologies, Inc. for enhancements that will enable the filing of court documents with the District Clerk via the internet, approved in Commissioners Court on 26 June 2007. 12. Renewal of the Agreement with Texas A &M University for pre - employment psychological screenings for peace officers and detention officers. Term of this agreement is 1 October 2007 through 30 September 2008. 13. Interlocal agreement with the Brazos County Appraisal District for the performance of computing services for Brazos County, allowing temporary access to the Orion software currently installed on the District's computing system/network, effective immediately through 31 December ;Q8. W01 14. Title IV -E Child Welfare Services contract for FY08, reimbursing Brazos County for qualifying expenses for children in the foster care program. 15. Title IV -E Legal Services Services contract for FY08, reimbursing Brazos County for qualifying expenses for the District Attorney's Office related to Child Protective Services cases. 16. Public Official Bond for Kristeen Roe as Tax Assessor /Collector. Tenn of this appointment is 1 August 2007 through 31 December 2008. 17. Request from the Information Technology Department for permission to adjust the inventory of printer cartridges, sending those cartridges no longer required by Brazos County to auction and disposal of those determined to be of no value. 18. Request from the District Attorney for $10,000 from the County Records Management Fund to pay overtime for support staff working after hours to scan disposed files into an electronic system, which will free up file storage space for other uses. 19. Request from Judge Quintero, Justice of the Peace Pct. 4, for permission to pay the conference registration fee from the JP Technology Fund for Judge Quintero and his clerk to attend the 2007 Texas Vital Statistics Regional Conference on 8 August 2007. 20. Tax Refund Applications for Rose Marie Marchese. 21. Treasurer's Report for the month of June 2007, and the quarter ending 6/30/07. 22. Permission to award Bid 2007 -035, Pharmaceuticals, to Contract Pharmacy Services. UA 7 FACE Commissioners Court Agenda 31 July 2007 Page 3 23. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Long Trussel Road near its intersection with Cobb Road. Site is located in Precinct 2. 24. Request from Wickson Creek Special Utility District to construct a road bore for water line installation in the right of way of Sand Creek Road approximately 0.2 mile its intersection with SH 21 East. Site is located in Precinct 2. 25. Announcement of interest items and possible future agenda topics. 26. Call for citizen input and/or concerns. 27. Agency / Board / Committee reports by Court members. 28. Adjourn The Brazos County Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business dVefore the eti�. To make arrangements, call (979) 361 -4102. The foregoing minutes of the Commissioners Court meeting held 31, 2007 have been examined and are approved in open Court this the (pig day of &&Jh,j , 2007, in Bryan, Brazos County, Texas. J� Duane Peters Commissioner, Precinct 2 a65" (- Carey Cauley, Jr. Commissioner, Precinct 4 Attest: L ar n McQueen County Clerk Vol q j Page Q 4 Lloyd Wassermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinc 3 Pg Lof_s BRAZOS COUNTY COMMISSIONER'S COURT DA OF � 1 . +;, Name (PLEASE PRINT) i�7iT_QSfIMIND&' /_ ' 2007 Organization (PLEASE PRINT) So R C C Co, su LTROT- 0 (--- Bcs Cb - �1g 91 as Pg Z of 3_ BRAZOSCOUNTY COMMISSIONER'S COURT 2//y-DAY OF , AM , Name (PLEASE PRINT) W-L�JM' MAI rl ■t� NMI / ' " .y r ilr�sfy �o� 20Q -7 Organization (PLEASE PRINT) >�....`ze55 'Rnsd a-p c 2 Pg _3 oe 3_ BRAZOSCOUNTY COMMISSIONER'S COURT �i c� DAY OF , 20 r7 9: oe AM/ Name Organization (PLEASE PRINT (PLEASE PRINT) iBJ�G l��A�Oi.K. C_.d Cel9'L� C��,GOG�J BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2006 -2007 BUDGET YEAR NO. 06/07-38.1 thru 06/07 -38.7 On this the 31" day of July 2007 at a regular meeting of the Commissioners' Court, the following members were present: Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 31 July 2007 the Court heard and approved a budget amendment for the 2006 -2007 budget year for Brazos County, Texas; and WHEREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 12 September 2006, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 31" day of July 2007. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. sy. /c, -- Randy Si , County Ju ge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer Commissioners' Court Minutes Vv i. C1 :,rLIf. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 38.1 7/31/2007 FD DIV ACCT I PROJ IDR/-CRI ACCOUNT NAME 0100 18 001001 60400000 CR Investigative Supplies 0100 18000100 71500000 _ 1 DR _Rental - Eauinment Increase H "11101 ITo reallocate funds for an additional monthly lease payment for the Canon ImaeeRunner l.97f"r� "r 99 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 38.2 FD DIV I ACCT PROJ DR/CRI ACCOUNT NAME I—nar—ea—se—I Decrease 0100 2310010 59100000 CR DDEA 1,800.00 0100 23100100 61110000 DR Conference & Seminar Fees 500.00 0100 2310010 61500000 DR Printing 300.00 0100 2310010 61900000 DR Visiting - Court Reporters 1.000.00 County Court at Law #2: 1 1 "To reallocate funds to cover expenditures in various line items. ,w�% rrt-P OD BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 38.3 7/11/2007 t # 2 p qv L2 X'rLM s V I BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 38.4 7/31/2007 4 9 F'<s -..- 10; BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 38.5 FD I DIV I ACCT I PROJ DR/C% ACCOUNT NAME I Increase Decrease 101001110015001 61130000 1 1 CR lContingency 1 2,500.00 101001280001001 65950000 1 1 DR I Vehicle Maintenance 1 2.500.00 U_To move the funds from the County's Cintingency to cover vehicle maintenance exnenses BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 38.6 7/31/2007 1 11 1111 11 � 11111 -m • • 111 11 1 11 1111 11 .1.11111 •' • � �� - 111 11 - 11 111 111 '1111 -m ' • 11 11 11 111 111 1 111 -m 11 11 - _---_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 06/07 - 38.7 7/31/2007 ;r tw4_g7_j. =_1 D5 • 11 • 111 11 .1 11111 �m�` � � - •®' • 11 . 111 11 . 111 �� ®` ' • 11 � 111 11 :1 ' 111 -m � � i- .• 1 11 • 11 � 111 11 �1 .1111 -m - 1 11 ;r tw4_g7_j. =_1 D5 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: July 31, 2007 Department Providing Information: Human Resources Purpose: Consider and Take Action on Change Reque: Department Submitting Request(s) C.L.E.A.R Team Employee Name Glidewell. Randall Action Requested New Hire District Arty. Jouett, Amanda L. Resignation James, Andrea New Hire District Clerk Collections Leone, Brooke M. Termination District Clerk Recek, Victoria Resignation Speakmon, Lyndsee New Hire Tax Office Winn, Gerald L. Retirement Roe, Dorye K. Promotion Roe, Dorye K. Stop V.I.T. Supplement Approved in Commissioners' Court: July 31, County Judge's or Commissioner's Signature: (This copy to be attached to minutes) n- ( D ;; r,. <y_ Agreement for Advisory and Consultative Services between Brazos County Office of the Sheriff and the TAMU Psychology Clinic in the Department of Psychology at Texas A&M University Proposal prepared by Robert W. Heffer Department of Psychology Texas A&M University July 16, 2007 C, /.. wpdocs1ciinic/sherM7 doc Brazos County Office of the Sheriff / TAMU Psychology Agreement Page 2 of 4 Institutional Representatives Authorizations: For Brazos County n 6Zr_� L` Christopher Kirk Sheriff Randy Sims, Brazos Courf Commissioners Court For Texas A &M Dean K. Endler, Executive Director Contract Administration Date: Date: ? 13! /o-7 Date: VOL97PAGE 109 C.y.. word /po/ke/sherMV7.doc Brazos County Office of the Sheriff / TAMU Psychology Agreement 3 of 4 Agreement for Advisory and Consultative Services between Brazos County Office of the Sheriff and the Psychology Clinic in the Department of Psychology at Texas A&M University This contract outlines an agreement between the Brazos County Office of the Sheriff (henceforth referred to as Brazos County Sheriff) and the clinical psychology program in the Department of Psychology at Texas A&M University (henceforth referred to as TAMU, employer's I.D.# 76- 4000531; profession /occupation: psychologist) regarding Advisory and Consultative Services between the two institutions. The TAMU address for correspondence regarding services is Carolyn Ivison, Senior Secretary, TAMU Psychology Clinic, Department of Psychology, Texas A&M University, 4235 TAMU, College Station, TX 77843 -4235 Phone: 979 - 845 -8017 The TAMU liaison to Brazos County Sheriff is Robert Heffer, Ph.D., Director TAMU Psychology Clinic, Department of Psychology, Texas A&M University, 4235 TAMU, College Station, TX 77843 -4235 Phone: 979 - 845 -8017. Brazos County Sheriff agrees to retain TAMU for a period of 12 months beginning October 1, 2007 and continuing until September 31, 2006 to furnish psychological evaluations of Detention Officer or Deputy Sheriff candidates in accordance with regulations set forth in the Texas Commission on Law Enforcement Officers Standards and Education. Specifically, each evaluation will include: (a) a thorough clinical interview, (b) an appropriate global measure of personality/psychosocial functioning, and (c) additional specific measure(s) of behavioral style as indicated by other evaluation measures or referral questions posed. Fees and Reimbursement Brazos County Sheriff agrees to pay and TAMU agrees to accept, as full compensation, the sum of $230.00 per psychological evaluation and the sum of $ 100.00 per psychological re-evaluation. Re- evaluations typically are required when the respondent answers evaluation questions in a manner that invalidates the test results. Payment will be based on the timely submission of signed L -3 forms and evaluation reports for the time period during which the referral for evaluation was made. The number of evaluations will vary over the months in which this contract is in effect. L-3 Forms and Evaluation Reports TAMU, prior to receiving reimbursement under this Agreement, agrees to provide Brazos County Sheriff with a copy of psychological evaluation reports generated on persons served under this Agreement Specifically, TAMU agrees to schedule evaluations within 2 weeks after receiving written or phone request from Brazos County Sheriff to conduct such evaluations. TAMU agrees to provide verbal feedback to Brazos County Sheriff, and make available for mailing or personal pick -up, the TCLOESE L -3 (Declaration of Psychological and Emotional Health) form within 3 working days of completion of the testing. Within 14 working days of the completion of testing, TAMU agrees to make available the psychological evaluation report for mailing to, or personal pick -up by, the Brazos County Sheriff. Situations that after these expectations will be discussed via phone or email by TAMU and Brazos County Sheriff as soon as either party becomes aware of the need to change expectations for a given referral. C.y... word 1pn/ice/sheaM7. doc VU97 r Brazos County Office of the Sheriff / TAMU Psychology Agreement 4 of 4 TAMU will provide Brazos County Sheriff a financial statement by the 10' day of each month for services rendered during the previous month. Brazos County Sheriff agrees to pay TAMU for services by the 81h working day of the month following receipt of the financial statement. This contract may be subject to termination with 30tlays notice for lack of timely reimbursement. This Agreement may be canceled upon 30 days written notice by either party. In the event this Agreement is canceled, TAMU will be paid only for the time that services were actually performed and when required evaluation reports are presented to Brazos County Sheriff within three weeks of the cancellation of this Agreement. Professional liability insurance provided to faculty supervisors and graduate students in clinical psychology through the Department of Psychology will cover services provided through this Agreement. TAMU agrees to provide the Brazos County Sheriff, if requested, with a copy of current professional credentials and professional liability insurance applicable to acts, omissions, or negligence in the course of performing services under this Agreement. TAMU will not be held liable for information communicated in evaluation reports that may result in a decision to dismiss or fail to hire an applicant. TAMU will not be held liable for misconduct, poor job performance, or poor judgments made by officers following an evaluation TAMU completes. Students and faculty supervisors appointed by TAMU agree to comply with policies established by the TAMU Psychology Clinic regarding code of ethics, confidentiality, and other issues relevant to provision of consultative clinical services. This contract in no way obligates Brazos County Sheriff to rely exclusively on TAMU for the services described in this contract. Regarding other direct costs, Brazos County Sheriff will pay the amount per completed evaluation speed in the preceding section entitled "Fees and Reimbursement." Other direct costs will be used by the TAMU Psychology Department for supplies, photo-reproduction, books, journals, training tapes, software, equipment, professional dues, travel expenses, educational development, and other directly related costs. Pending authorization from both Brazos County Sheriff and TAMU, this agreement may be renegotiated for a specified period beginning October 1, 2008. Renewals of this agreement may include an annual increase for services rendered. C.y... word1kWice/sherifiV7.doc INTERLOCAL AGREEMENT BETWEEN BRAZOS COUNTY, TEXAS AND THE BRAZOS COUNTY APPRAISAL DISTRICT FOR THE PERFORMANCE OF COMPUTING SERVICES FOR BRAZOS COUNTY This Interlocal Agreement ( "Agreement') is made by and between Brazos County, Texas, a political subdivision of the State of Texas ( "the County ") acting by and through its Commissioners Court and the Brazos County Appraisal District, a political subdivision of the State of Texas ( "the District'), acting by and through its Board of Directors. WITNESSETH: WHEREAS, the County and the District are authorized to enter into this Agreement pursuant to the provisions of the Interlocal Cooperation Act, Texas Government Code Section 791.00 et seq; and WHEREAS, the County and the District entered into a Contract ( "Contract ") dated November 17, 1982, pursuant to Texas Property Code Section 6.05 which obligated the County [Taxing Unit] to perform all the duties of the appraisal office of the district and required the Tax Assessor to serve as the Chief Appraiser; and WHEREAS, the County and the District have continued to perform certain duties and obligations enumerated in the Contract, resulting in the evolution of a sophisticated and efficient Appraisal Office: and WHEREAS, the County and the District both recognize the need to research and investigate the practicality of continuing the services contemplated under the Contract in light of the rapid growth in population in and around Brazos County; and WHEREAS, the County and the District both desire to retain the status quo regarding the computing services for the County's use during any investigative and/or transition period; and WHEREAS, the County and the District both recognize the termination of the Contract effective July 31, 2007, and both parties recognize that the District shall have the right to appoint a Chief Appraiser pursuant to the Texas Property Tax Code. NOW, THEREFORE, the County and the District agree as follows: STATEMENT RELATED TO THE GENERAL PURPOSE OF THIS AGREEMENT The County and the District enter into this Agreement to allow the County the continued but temporary access to the Orion software that is currently installed on the District's computing system /network. Both parties acknowledge that the sudden preclusion to the County of access to this system would greatly hinder or prevent the Tax Assessor /Collector from performing their duties required by the Texas Constitution and applicable statutes. Therefore, the primary purposes of this short term agreement is to: allow a reasonable period of time to research technical solutions that will enable the County to continue to accurately account for collections of all taxing units; insure that a high degree of security exists between the County (Tax Assessor /Collector) and the District regarding the separation of functions of these two offices and access to information; and, insure that each office continues to perform its duties in accordance with the Texas Constitution and applicable statutes. VOL q'1 PAGE I. OBLIGATIONS OF THE COUNTY A. The County shall continue to support the District in accordance with its statutory duties as a taxing unit participating in the District. B. No employee or officer of the County shall alter any information maintained by the District. County viewing of District maintained data shall be allowed through secured permissions controlled by the designated District official in cooperation with the designated County official. C. The County shall retain all rights and obligations to maintain T -1 connectivity between offices and system hardware and operating system software housed in the County office as required for functional operation. II. OBLIGATIONS OF THE DISTRICT A. Provide County access to the District's computing system ( "Orion ") for the purpose of maintaining accurate receipting and reporting of property tax payments and related activities. B. No employee or officer of the District shall alter any information maintained by the County. District viewing of County maintained data shall be allowed through secured permissions controlled by the designated County official in cooperation with the designated District Official. C. The District shall retain all rights and obligations to maintain system hardware and operating system software housed in District office as required for functional operation. III. OBLIGATIONS OF BOTH PARTIES Officers or representatives of District and County shall meet on or before August 15, 2007, to review and test all user rolls to identify and alleviate any security risks found. IV. TERM, TERMINATION A. This Agreement shall be effective the date of the last party to sign or August 1, 2007, whichever date is the earlier and shall terminate on December 31, 2007. This Agreement may be extended by successive terms of 60 days, with troval of both parties, but in no instance shall this Agreement extend past December 31, 2n. B. If either party defaults in the performance of any of the terms or conditions of this Agreement, the defaulting party shall have 30 days after receipt of written notice of the default within which to cure the default. If such default is not cured within the 30 days, then the offended party shall have the right without further notice to terminate this Agreement. V. MISCELLANEOUS A. Severability. If any section, subsection, sentence, clause, or phrase of this Agreement is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of the Agreement shall not be affected thereby. -It is the intent of the parties signing this Agreement that no portion of it, or provision or regulations contained in it shall become inoperative or fail by reason of a q o�— unconstitutionality or invalidity of any other section, subsection, sentence, clause, phrase, provision, or regulation of this Agreement. B. Each party paying for performance of governmental functions or services must make those payments from current revenues available to the paying party. C. Law and Venue. This Agreement shall be governed by the laws of the State of Texas. The obligations under this Agreement are performable in Brazos County, Texas. It is expressly understood that any lawsuit or litigation arising out of or relating to this contract will take place in Brazos County, Texas. D. Alteration, Amendment, or Modification. This Agreement may not be altered, amended, or modified except in writing, approved by Brazos County acting by and through its Commissioners Court and the Brazos County Appraisal District, acting by and through its Board of Directors. E. Entire Agreement. This Agreement constitutes the entire agreement between the District and the County. No other agreement, statement or promise relating to the subject matter of this Agreement which is not contained in this Agreement is valid or binding. F. Notice. Notices to either party shall be in writing, and may be either hand delivered or sent by certified or registered mail, postage paid, return receipt requested. If sent to the parties at the addresses designated herein, notice shall be deemed effective upon receipt in the case of hand delivery and three days after deposit in the U.S. Mail in case of mailing. The address of City for all purposes shall be: Brazos County Appraisal District 1673 Briarcrest Dr., Suite A -101 Bryan, Texas 77802 Attn: Daniel T. Singletary, Interim Chief Appraiser or his successor (979) 774 -4100 The address for the County for all notices hereunder shall be: Randy Sims Brazos County Judge Brazos County Courthouse Bryan, Texas 77802 G. Independent Relationship. Both parties hereto, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. H. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to the parties hereto, their past or present officers, employees, or agents or employees, nor to create any legal rights or claim on behalf of any third party. Neither party waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. I. Compliance with Laws. The parties hereto shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, Worker's Compensation laws, minimum and maximum salary and wage statutes and regulations, licensing laws and regulations. J. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, and supersedes all their oral and written negotiations, agreements, and understandings of every kind. The parties hereto understand, agree, and declare that no promise, warranty, statement, or representation of any kind whatsoever, which is not expressly stated in this Agreement, has been made by any party hereto or its officer, employees, or other agents to induce execution of this Agreement. WHEREFORE, premises considered, in this Interlocal Agreement is executed to be effective the date of the last party to sign or August 1, 2007, whichever date is the earlier. BRAZOS COUNTY COMMISSIONERS COURT DATE APPROVED: B1 Randy Sims County Judge BRAZOS COUNTY APPRAISAL DISTRICT DATE APPROVED: 71 Q-,�- `p3-1 0 Lonnie L. Jones Chairman, Board of 4 qs,. Texas Dept of Family Title IV -E Child Welfare Services Contract Form 2282cwive and Protective Services June 2007 Contract # 23380021 THIS INTERLOCAL COOPERATION CONTRACT (Contract) is entered into by and between the Texas Department of Family and Protective Services (DFPS or Department) and Commissioners' Court of Brazos County (County), pursuant to the authority granted and incompliance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code. SECTION I. STATEMENT OF SERVICES TO BE PERFORMED A. Statement of Need DFPS is the single state agency responsible for the administration of Title IV -E of the Social Security Act related to Child Welfare Services and the Federal Payments for Foster Care and Adoption Assistance. In accordance with Government Code Section 40.0566, County Outreach Program, DFPS and the County desire to enter into this Contract to provide a mechanism to allow counties providing Title IV -E allowable services the opportunity to obtain federal funding. Under this Contract, allowable services (Services) include the following as described herein and as qualified in 4000 Section of the Texas Department of Family and Protective Services Title IV -E Finance Handbook (Handbook), as currently in effect and as subsequently modified. The Handbook is incorporated herein by this reference: 1. Foster Care Maintenance Payments which are defined in Section 475(4), Social Security Act, as "payments to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child's personal incidentals, liability insurance with respect to a child and reasonable travel to the child's home for visitation. In the case of institutional care, such term shall include the reasonable costs of administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence;" 2. Administrative Expenditures necessary for the proper and efficient administration of DFPS' Title IV -E State Plan as described in this Contract and as further described in 45 CFR 1356.60; and 3. Training Expenditures for: (i) the short term training of personnel employed or preparing for employment with DFPS or by the County administering portions of the Title IV -E State Plan described in this Contract; and /or (ii) short-term training of current or prospective foster parents and the members of the staff of DFPS - licensed or DFPS- approved childcare institutions providing care to foster children so as to increase their abilities to provide support and assistance to foster children. The County will ensure the establishment and maintenance of a Child Welfare Board within the County to, in accordance with Section 264.005, Texas Family Code, provide coordinated state and local public welfare services for children and their families. In addition, the establishment of the Child Welfare Board will serve to coordinate the use of federal, state, and local funds for the Services. B. Statement of Work 1. County's Responsibilities: a. The County shall ensure the provision of allowable Title IV -E Services to children referred by DFPS in accordance with the Handbook; b. The County shall establish and maintain a Child Welfare Board in accordance with Section 264.005, Texas Family Code. The members of the Child Welfare Board shall serve a three year term on a rotating basis. Initially, the members will be designated to serve the following terms: 1/3 of the Texas Dept of Family Title IV -E Child Welfare Services Contract Form 2282CWIVE and Protective Services June 2007 Contract # 23380021 members appointed to three year terms; 1/3 of the members to a two year term; and 1/3 of the members to a one year term. In successive years, from two to five new members will be appointed. c. The County shall ensure that the Child Welfare Board complies with the following requirements: (i) Assist DFPS in identifying and meeting the needs of the children in the County who are referred by DFPS; (ii) Serve in an advisory capacity to the County in the development of local policy to meet the needs of the children in the County referred by DFPS; (iii) Develop an estimated annual budget for the operations of child welfare services and recommend an estimated budget to the Commissioners' Court and appear in support of same at budget hearings; (iv) Authorize the expenditure of County funds and other special funds on behalf of the children in the County referred by DFPS; (v) Review on a monthly basis child welfare expenditures and receipts, as well as a summary of services delivered during the month; and (vi) Prescribe such bylaws, not inconsistent with the terms of this Contract and applicable State laws, as may be necessary or desirable to ensure the efficient operation of the Child Welfare Board. Such bylaws shall be approved by written order of the Commissioners' Court. d. The County shall provide the money required as match for federal funds under this Contract. In addition, the County shall ensure that none of the money used as match will be federal dollars, either directly or indirectly. Furthermore, the County certifies that the money used as match has not been used to secure any other federal matching funds. e. The County will certify that the expenditures reported to DFPS on the 4116X, State of Texas Voucher (Billings) are allowable expenditures under Title IV -E. The County shall be financially liable to DFPS for any and all audit exceptions identified for unallowable costs reported to DFPS in the County's Billings. f. The County acknowledges that a portion of the children referred by DFPS will be ineligible for Title IV -E for purposes of reimbursement under this Contract. To ensure the intent of Section 264.102, Texas Family Code is adhered to, and in accordance with the Title IV -E County Child Welfare Services Memorandum of Understanding (MOU) which is attached hereto as Exhibit "I," and incorporated herein by this reference, the County will continue, and will allow the Child Welfare Board to continue, to provide child welfare services to this population of children. g. The County shall participate in DFPS' financial and statistical reporting systems. h. Health and Safety (i) To the extent permitted by law, the County will verify and disclose, or cause its employees and volunteers (including Child Welfare Board Members) to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety Code. This verification and disclosure will be required of child welfare board members and of all who have direct contact with children referred by DFPS; (ii) The County shall prevent or promptly remove any employee or volunteer (including Child Welfare Board members) from direct child contact and /or from access to child records who is alleged to have committed an offense of abuse, neglect, or exploitation or an offense described in subsection (i), above; and t Ire of 5 `Ci 1. / r Texas Dept of Family Title IV -E Child Welfare Services Contract Form 2282cwvE and Protective Services June 2007 Contract # 23380021 (iii) The County shall promptly report any suspected case of abuse, neglect, or exploitation to DFPS as required by Chapter 261, Texas Family Code. All reports must be made within 24 hours of the discovery of the abuse or neglect. The County may report this information to DFPS' Statewide Intake at 1- 800 - 252 -5400. Confidentiality (i) All information obtained, learned, developed, or filed by the County in connection with the Services provided under this Contract, including data contained in official Department files or records, shall be held confidential by the County in accordance with applicable Federal and State laws, rules, and regulations. The County shall not disclose confidential information to any person, organization, agency, or other entity except as authorized or required by law. The County shall immediately notify the Department of all requests for information deemed confidential under this Contract. In the event the County is required by law to release confidential information, the County shall notify the Department in writing, prior to releasing confidential information. (ii) Nothing in this Section shall be deemed to preclude, prevent, or prohibit access to confidential information by the Department or Department designees. (iii) The provisions of this Section shall remain in full force and effect following termination of, or cessation of the Services required by this Contract. j. The County shall adhere to all the legal, programmatic, and administrative requirements identified in Section 2000 of the Handbook related to the Services to be provided under this Contract. k. The County shall maintain financial, programmatic, and supporting documents developed under this Contract for a minimum of five years after the termination of the contract period. Contract period means the effective dates of the Contract as described in Section III, below; renewals are considered to be separate contract periods. I. The County shall submit Service delivery reports required by DFPS or self - evaluations of performance and other reports requested by DFPS in an appropriate format and on a timely basis; and to the extent permitted or required by law, make available at reasonable times and for reasonable periods, children's records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by DFPS, the U.S. Department of Health and Human Services, or their authorized representatives. m. The County shall allow DFPS and its representatives to monitor, audit, evaluate and otherwise review the Services provided under the Contract. In addition, the County will ensure that DFPS has access to all documentation and information related to the Services provided under this Contract. n. The County shall not use any funding received under this Contract to influence the outcome of elections or the passage or defeat of any legislative measures. o. The County shall require the Child Welfare Board to comply with all applicable terms of this Contract. 2. DFPS' Responsibilities: a. DFPS shall refer children to the Child Welfare Board for Services; b. DFPS shall provide the County with a list of IV -E eligible children in the County for Billing purposes; and II e3of5 Texas Dept of Family Title IV -E Child Welfare Services Contract Form 2282cwiVE and Protective Services June 2007 Contract # 23380021 c. DFPS shall process and pay the federally reimbursable portion of County - certified IV -E allowable expenditures identified on the 4116X, State of Texas Purchase Voucher in accordance with the terms of this Contract. SECTION II. BASIS FOR CALCULATING PAYMENT OBLIGATIONS A. Budget Documents: 1. The amount of the Title IV -E federally reimbursable portion of this Contract is based on the Budget Documents attached hereto as Exhibit "II" entitled Budget for Title IV -E County Contracts, Form 203OiVE, which includes Attachments "A ", "B ", and "C" (Budget Documents). Exhibit "II" and its corresponding attachments are incorporated herein by this reference. 2. The Budget Documents should be amended for each fiscal year with the written agreement of the contract manager for DFPS. If the Contract is automatically renewed, and if the parties have not agreed to amended Budget Documents, the Budget Documents are also renewed without amendment but may be later amended by agreement of the County and DFPS. 3. If the County is going to include indirect costs as part of its Billings, the Contract will include by reference either (a) the County's approved Indirect Cost Agreement with the Federal Government; or (b) appropriate documentation certifying the County's official indirect cost rate. B. This Contract is at all times contingent upon the availability and receipt of federal funds. C. Billing Requirements: 1. The County shall submit Billings in an accurate and timely manner for each quarter by the end of the following quarter. Billings must be submitted with all documentation necessary to support the expenditures contained in the Billings. 2. DFPS will notify the County within 30 days of Billings that are inadequately documented, appear to be unallowable in whole or in part, or are not in accordance with the Budget Documents for the Contract. 3. If the quarterly Billings for the County average or are expected to average less than $1,000 per quarter, the County may request, and the contract manager for DFPS may grant written permission to submit Billings on an annual basis with the Billing for each quarter submitted and documented separately but at the same time before the end of the first quarter of the following fiscal year. 4. Any Billing or amended Billing which is submitted to DFPS later than 7 quarters after the end of the quarter of the expense shall not be processed by DFPS unless DFPS determines, in DFPS' sole discretion, that DFPS is able to submit the bill to the federal government for payment in a proper and timely fashion. SECTION III. TERM OF CONTRACT This Contract shall be in force effective September 1. 2007 through August 31, 2008. This Contract shall automatically renew for one fiscal year at a time through August 31. 2012, unless sooner terminated as described herein. SECTION IV. MODIFICATIONS VOL 'M fA%E I 19 Texas Dept of Family Title IV -E Child Welfare Services Contract Form 2282CWIVE and Protective Services June 2007 Contract # 23380021 A. This Contract contains the entire understanding of the parties and supersedes all previous discussions, proposals, or agreements between DFPS and the County. B. This Contract may be modified by executing a formal written amendment signed by both DFPS and the County. SECTION V. TERMINATION A. If the County fails to provide services according to the terms of this Contract, DFPS may, upon written notice of default to the County, terminate all or any part of the Contract. Termination is not necessarily an exclusive remedy but will be in addition to any other rights and remedies provided under this Contract. B. DFPS, based on information from monitoring or other verifiable sources, may terminate this Contract for cause or take other actions including, but not limited to: 1. Requiring the County to take specific corrective actions in order to remain in compliance with any contractual term, 2. Recouping payments made to the County or imposing administrative error sanctions based on audit findings of violations of Contract requirements, and 3. Suspending, placing into abeyance, or removing any contractual rights to include, but which are not limited to, withholding of payment. C. This Contract may be terminated at any time by mutual consent. In addition, either party may consider the Contract to be canceled by giving thirty (30) days notice to the other party. This Contract will be terminated at the end of the thirty (30) day period. This Contract shall otherwise terminate by the date specified pursuant to Section III, above. SECTION VI. CERTIFICATIONS By executing this Contract, the undersigned parties bind themselves to the faithful performance of this Contract and certify their authority to enter into this Contract. Texas Department of Family and Protective Services Commissioners' Court of Brazos County Signature Signatu Printed Name: Jacque Seale Print ame: Randy Sims Printed Title: Regional Director Printed Title: County Judge Date Page 5 of 5 Texas Dept Family Title IV -E Child Welfare Services Contract Form 2282cwive -Ex1 and Protective Services Exhibit I June 2007 THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by and between the Texas Department of Family and Protective Services (DFPS) and Commissioners' Court of Brazos Countv (County) for the provision of child welfare services to children ineligible for federal reimbursement under Title IV -E of the Social Security Act or state -paid foster care. WITNESSETH: WHEREAS, DFPS and the County have entered into an Interlocal Cooperation Contract pursuant to Chapter 791, Government Code, for the federally reimbursable portion of the provision of child welfare services to children eligible for Title IV -E (Contract); WHEREAS, DFPS and the County understand and acknowledge that, in accordance with Section 264.102 of the Texas Family Code, the County will provide child welfare services described in the Contract and as described in this MOU to children in the County who are ineligible for Title IV -E or are ineligible for state -paid foster care, but are in need of child welfare services; and WHEREAS, DFPS and the County desire to enter into this MOU to outline the services to be Provided to children needing welfare services who are ineligible for Title IV -E or are ineligible for state - paid foster care. NOW, THEREFORE, in consideration of the mutual covenants herein contained, DFPS and the County hereby agree as follows: 1. DFPS shall refer children needing child welfare services, whether or not eligible for Title IV -E or state -paid foster care, to the County Welfare Board as described in the Contract. 2. The County will provide adequate funding for the care of children ineligible for Title IV -E or ineligible for state -paid foster care. 3. The County will provide adequate funds for medical care not covered by Title XIX (Medicaid) and for children not Medicaid eligible. 4. The term of this MOU shall be coterminous with the Contract. The undersigned parties bind themselves to the faithful performance of this MOU: Texas Department of Family and Protective Services Signature Printed Name: Jacque Seale Printed Title: Reaional Director uate Commissioners' Court of Brazos County Printed Nark: Randy Sims Printed T e: County Judge Date 17 Id,1 i `texas Dept of Family Certification Regarding Debarment, Form 2046 and Protective services May 2004 Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts Federal Regulations (45 CFR part 76) require the Texas Department of Family and Protective Services (DFPS) to determine whether each potential contractor has been debarred or suspended or proposed for debarment or suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR §76.105(i) or has accepted a voluntary exclusion. Each covered contractor must also make the same determination for each of its covered subcontractors. Contractors and subcontractors are both referred to as lower tier participants in this Certification. Instructions for Certification By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below: 1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 2. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, whether the circumstances occur before the contract begins, during the term of the contract, or during the term of an extension of the contract. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. Do you have or do you anticipate having subcontractors under this proposed contract? ❑ Yes ® No 5. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. ;Texas Dept of Family Certification Regarding Debarment, Form 2046 and Protective Services May 2004 Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Lower Tier Covered Transactions Indicate in the appropriate box which statement applies: [The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. OR ❑ Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant has attached an explanation to this certification. Vendor ID No. pr Social Security No. Signature of X733 $ao.� I DFPS Contract No. (if applicable) ')lsrlo Date I CAL Printed/Typ6d Name of Authorized Representative Title 97 ? ` T._I Texas Dept of Family Certification Regarding Federal Lobbying Form 2047e and Protective Services (Certification for Contracts, Grants, Loans, and Cooperative Agreements) May 2004 PREAMBLE Federal legislation, Section 319 of Public Law 101 -121 generally prohibits entities from using federally appropriated funds to lobby the executive or legislative branches of the federal government. Section 319 specifically requires disclosure of certain lobbying activities. A federal government -wide rule, "New Restrictions on Lobbying," published in the Federal Register, February 26,1990, requires certification and disclosure in specific instances and defines terms: Covered Awards and Subawards - Contracts, grants, and cooperative agreements over the $100,000 threshold need (1) certifications, and (2) disclosures, if required. (See certification term number 2 concerning disclosure.) Lobbying - To lobby means "to influence or attempt to influence an officer or employee of any agency (federal), a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any of the following covered federal actions: • the awarding of any federal contract, • the making of any federal grant, • the making of any federal loan, • the entering into of any cooperative agreement, and • the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement." Limited Use of Appropriated Funds Not Prohibited - The prohibition on using appropriated funds does not apply to activities by one's own employees with respect to: • liaison activities with federal agencies and Congress not directly related to a covered federal action; • providing any information specifically requested by a federal agency or Congress; • discussion and /or demonstration of products or services if not related to a specific solicitation for a covered action; or • professional and technical services in preparing, submitting or negotiating any bid, proposal or application for a federal contract, grant loan or cooperative agreement or for meeting legal requirements conditional to receipt of any federal contract, grant, loan or cooperative agreement. (The prohibition also does not apply to such services provided by nonemployees for the same purposes.) Professional and Technical Services - Professional and technical services shall be advice and analysis directly applying any professional or technical expertise. Note that the professional and technical services exemption is specifically limited to the merits of the matter. Other Allowable Activities - The prohibition on use of federally appropriated funds does not apply to influencing activities not in connection with a specific covered federal action. These activities include those related to legislation and regulations for a program versus a specific covered federal action. Funds Other Than Federal Appropriations - There is no federal restriction on the use of nonfederal funds to lobby the federal government for contracts, grants, and cooperative agreements. Applicability of Other State and Federal Requirements - Neither the government -wide rule nor the law affect either (1) the applicability of cost principles in OMB circulars A -87 and A -122, or (2) riders to the Texas State Appropriations Acts which disallow use of state funds for lobbying. TERMS OF CERTIFICATION This certification applies only to the instant federal action for which the certification is being obtained and is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any 91 i 1a. ' Texas Dept of Family Certification Regarding Federal Lobbying Form 2047e and Protective Services (Certification for Contracts, Grants, Loans, and Cooperative Agreements) May 2004 federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (If needed, contact your Texas Department. of Family and Protective Services procurement officer or contract manager to obtain a copy of Standard Form -LLL.) 3. The undersigned shall require that the language of this certification be included in the award documents for all covered subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly. Do you have or do you anticipate having covered subawards under this transaction? O Yes X No Name of Adthorized Representative 9� J A5 d33 800a I DFPS Contract No. ,A21107 Date L. Jt� Title Texas Dept of Family Contractor Assurances and Protective Services Form 4733 (with Certification) May 2006 Failure to respond "yes" to all applicable assurances could result in no award or the nonrenewal of your contract with the Department. 1. Contractor has no unresolved audit exception(s) with the Department. An unresolved ®Yes El No audit exception is an exception for which the Contractor has exhausted all administrative and /or judicial remedies and refuses to comply with any resulting demand for payment. 2. The amounts listed below are the only amounts that the Contractor owes to the ® Yes ❑ No Department for audits or recoupment: (If none, mark "yes" and indicate "0" or "none" in the space below.) 3. Contractor has not sold or transferred ownership of any Department payments due to ® Yes ❑ No Contractor to any third party, which would result in such payments being made to the third party. 4. Contractor agrees to accept training, technical assistance and monitoring from the 29 Yes ❑ No Department and /or its authorized representatives. 5. Contractor certifies that the Contractor's staff or governing authority has not participated ® Yes ❑ No in the development of specific criteria for award/renewal of this contract, and will not of Contractor records, and allowing inspection of plans for compliance. participate in the selection of applicants awarded contracts. 8. 6. Contractor has not retained or promised to retain an agent or utilized or promised to ® Yes ❑ No utilize a consultant who has participated in the development of specific criteria for the contracting/renewal process, when substantiation is requested by the Department, could award /renewal of this contract, nor will participate in the selection of successful applicants awarded this contract. 7. Contractor agrees to provide the Department with information necessary to validate any ® Yes ❑ No statements made in this contracting /renewal process if requested by the Department. This may include, but is not limited to, allowing access for on -site observation, granting permission for the Department to verify information with third parties, allowing inspection of Contractor records, and allowing inspection of plans for compliance. 8. Contractor understands that failure to substantiate any statements made in the ® Yes ❑ No contracting/renewal process, when substantiation is requested by the Department, could cause the Contractor to fail to receive a contract or to fail to have its contract renewed. 9. Contractor agrees to comply with regulations, policies and procedures as specified by ® Yes ❑ No the Department as they relate to particular programs or services under this contract. 10. Contractor will submit any bills required on a calendar -month basis. ® Yes ❑ No 11. Contractor has written, or will have written by the effective date of this contract, or its ® Yes ❑ No renewal, Personnel Policies that comply with federal and state regulations and policies. 12. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- ® Yes ❑ No 352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93 -112), the Americans with Disabilities Act of 1990 (Public Law 101 -336), and all its amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In addition, the Contractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code. These provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service or other benefits provided by federal and /or state funding, or otherwise be subjected to discrimination. Contractor further agrees to comply with Health and Safety Code Section 85.113 relating to workplace and confidentiality-guidelines regarding AIDS and HIV. 11 1 Texas Dept of Family Contractor Assurances and Protective Services Form 4733 May 2006 (with Certification) 13. Contractor uses generally accepted accounting procedures for fiscal management. 0 Yes ❑ No 14. Contractor certifies that the Contractor's organization has not had a contract terminated ® Yes ❑ No or been denied the renewal of any contract for noncompliance with policies or regulations of any state or federally funded program within the past 24 months. 15. Contractor will make available, at reasonable times and for reasonable periods, client ® Yes ❑ No records, books and supporting documents pertaining to services provided for inspecting, monitoring, auditing, or evaluating by Department personnel or their representatives. 16. Contractor certifies that funds requested in this contracting /renewal process will not be ® Yes ❑ No used to replace federal, state or local funding. 17. Contractor will maintain case records and statistical information as required by the ® Yes ❑ No Department. 18. If Contractor plans to utilize a subcontractor, the written subcontract will comply with this ® Yes ❑ No contract and other relevant Department policies /procedures and will be approved by the Department in accordance with the Department's subcontract approval procedures for residential child care contracts. 19. Contractor has written, or will have written by the effective date of this contract/renewal, ® Yes ❑ No plans for the handling of client complaints and grievances. 20. Contractor will establish a method to ensure confidentiality of records and other ® Yes ❑ No information relating to clients according to applicable federal and state law, rules, and regulations. This provision does not limit the Department's right to access records under this contract. 21. Contractor will comply with all requests of the Department to meet federal regulations ® Yes ❑ No and with all terms of the contract. 22. Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec. 15.01, at seq., ® Yes ❑ No Contractor hereby represents and warrants that neither the contractor nor the firm, corporation, partnership, or institution represented by the contractor, or anyone acting for such a firm, corporation, or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. CERTIFICATION: I certify that the information reported in this contractrenewal is, to the best of my knowledge, complete and accurate; that the named legal entity has authorized me, as its representative, to submit this contracUrenewal; and that the legal entity will comply with all terms of the contractrenewal, Including meeting all screening criteria. I have attached a Corporate Board of Directors Resolution, or similar document authorizing me to enter into contracts on behalf of this legal entity. -lb-107 late Name of Authorized Representative (Printed) Title of Authorizod Representative (Printed) Texas Dept of Family State of Texas and Protective Services Title IV -E County Legal Services Contract Contract # 23380017 Form 2282CLIVE August 2004 Parties. The Texas Department of Family and Protective Services (DFPS), hereinafter referred to as the Department, and Commissioners' Court of Brazos County (a subdivision of the State of Texas), hereinafter referred to as the Contractor, do hereby make and enter into this contract, which, together with its incorporated documents, constitutes the entire agreement under the above referenced contract number between the Department and the Contractor. The Department and the Contractor make this contract for the following mutual considerations. II. Authority to Contract. The Department is authorized to enter into this contract under Human Resources Code Chapter 40. Pursuant to §§ 40.0566 and 40.058, this contract is not subject to Chapter 771 or 791 of the Government Code. III. Governing Law. This contract shall be governed by and construed in accordance with the laws of the State of Texas. Unless otherwise mutually agreed, venue will be in State District Court, Travis County, Texas. Resulting payments shall be due and payable in Travis County, Texas. IV. Contract Elements. This contract between the parties and any successor or permitted assignee consists of the signed written contract and all instruments incorporated by reference which are the documents listed in Section XI of this contract. The contract includes all elements in this document and in the attachments. The Cost Allocation Plan is a required attachment. This contract may be amended only in writing and by mutual agreement. V. Financial Limitations and Considerations. A. Funds Availability. This contract is at all times contingent upon the availability and receipt of federal funds that the Department has allocated to this contract; and if funds for this contract become unavailable during any budget period, this contract may be immediately terminated or reduced at the discretion of the Department. B. Amount of Payment. The Department agrees to pay the Contractor from available federal funds for services rendered in accordance with the terms of this contract upon receipt of a proper and verified statement and after deducting any known previous overpayment made by the Department. If project income accrues, the Contractor shall add the program income to funds committed to the contract services and shall use them to further eligible IV -E objectives, or the Contractor shall deduct program income from the total allowable costs in determining the net allowable costs on which the Federal share of costs is based. C. Basis for Payment. The basis for payment for services rendered under this contract is indicated in the service terms with the Cost Allocation Plan. The Contractor agrees to this basis for payment and to adhere to the fiscal and billing policies and procedures of the Department. The Department is not obligated to pay unauthorized costs or to pay more than the Contractor's allowable and actually incurred costs consistent with federal and state regulations. The Contractor is responsible for submitting bills in an accurate and timely manner for each quarter by the end of the following quarter and for notifying the Department of any need to expedite payment. If the quarterly bills for the county average or are expected to average less than $1,000 per quarter, the County may request, and the Contract Manager for the Department may grant written permission to submit bills on an annual basis with the bill for each quarter submitted and documented separately but at the same time before the end of the first quarter of the following fiscal year. The Department will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. Texas Dept of Family State of Texas and Protective Services Title IV -E County Legal Services Contract D. The Contractor understands and agrees that: Form 2282cuVE August 2004 1. The reimbursement made to the Contractor shall not exceed the Contractor's actual costs to provide the services under this contract and that the Contractor's actual costs, both direct and indirect, must be allowable, reasonable and allocable to Subtitle IV -E of the Social Security Act according to the Office of Management and Budget Circulars A -87 and A -110, 40 TAG § §732.240 -256 and any other applicable Department regulations. 2. Transfers between line items of the budget, which is an integral part of the Cost Allocation Plan, will be allowed without prior approval from the contract manager when transfers are for allowable items as defined by the Department and do not result in a significant change in the character or scope of the program. Any transfers must be described and reported every quarter by letter along with a revised Cost Allocation Plan and supporting narrative to the Department. Prior written approval must be secured when transfers, regardless of the amount, would result in a significant change in the character or scope of the program. Lack of prior approval in these instances will be grounds for disallowance or recovery of unapproved payments, other adverse action, or termination of this contract at the option of the Department. E. Physical Property. The Contractor shall assume responsibility for the protection of all physical property and equipment purchased under this contract and shall take appropriate measures to meet this obligation. The Contractor shall furnish the Department with a written, factual report of the theft of, or damage to, any equipment purchased under this contract, including circumstances concerning the loss. In addition, in the event of any theft, vandalism, or other offense against the properties, the Contractor shall notify appropriate local law enforcement authorities. F. Equipment. The Contractor shall follow the provisions of Title 45 Code of Federal Regulations (CFR) Part 74 regarding the title to any equipment bought under this contract with funds allocated to the Contractor or its subcontractor. Title to equipment shall vest with Contractor or Subcontractor as stated in 45 CFR Part 74.34. The Contractor shall not give any security interest, lien, or otherwise encumber any item of equipment purchased with contract funds. The Contractor shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment and to maintain a current inventory of equipment which is available to the Department at all times upon request. G. Regulation Compliance. The Contractor shall remain in compliance with 45 CFR Part 74, Office of Management and Budget (OMB) Circular A -110, OMB Circular A -87 and 40 Texas Administrative Code JAC) § §732.240 -256. In the event of any conflict or contradiction between or among the regulations referenced in this contract term, the regulations shall control in the following order of precedence: 45 CFR Part 74, OMB Circular A -110, OMB Circular A -87 and 40 TAG § §732.240 -256. H. Lobbying Limitations. The Contractor shall not use any funding under this contract to influence the outcome of elections or the passage or defeat of any legislative measures. I. Matching Requirements. The Contractor shall provide at least the amount of non - Federal share as identified in the contract Cost Allocation Plan or through other written notice from the Department. J. Taxes. The Department shall not be liable for state, local, or federal excise taxes. The Contractor must be able to demonstrate on -site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W -2's to common law employees. The Contractor is responsible for both Federal and State Unemployment insurance coverage and standard Workers' Compensation Insurance coverage. The Contractor must comply with all Federal and State tax laws and withholding requirements. The Department will not be liable to the Contractor or its employees for any Unemployment or Workers' Compensation coverage, or Federal of State withholding requirements. K. Force Majeure. Neither party shall be financially liable to the other party for delays or failures to perform in contract performance caused by force majeure (i.e. those causes generally recognized under Texas law as constituting impossible conditions). Suc/h'� /delays or failures to perform shall Texas Dept of Family State of Texas Form 2282CLIve and Protective Services August 2004 Title IV -E County Legal Services Contract extend the period of performance until these exigencies have been removed. The party seeking to avail itself of this clause shall notify the other party within five (5) business days or otherwise waive the right as a defense, unless notification is impractical under the circumstances, in which case, notification shall be done in as timely a manner as possible. The Contractor agrees that breach of this provision entitles the Department to reduce or stop payments or immediately terminate this contract. L. Accounting. The Contractor shall adhere to Generally Accepted Accounting Principles promulgated by the American Institute of Certified Public Accountants and OMB Circular A -87; and follow Department fiscal management policies and procedures in submitting timely billings and maintain financial records required to be kept under this contract. M. Record Keeping. The Contractor shall maintain financial, programmatic, and supporting documents, statistical records, inventories of non - expendable property acquired, and other records pertinent to claims submitted during the contract period for a minimum of five years after the termination of the contract period, or for five years after the end of the federal fiscal year in which services were provided if this contract has no specific termination date. If any litigation, claim, or audit involving these records begins before the five -year period expires, the Contractor will keep the records and documents for not less than five years and until all litigation, claims, or audit findings are resolved. The case is considered resolved when a final order is issued in litigation, or a written agreement is entered into between the Department and the Contractor. Contract period means the beginning date through the ending date specified in the original contract; extensions are considered to be separate contract periods. N. Reviews. The Contractor shall cooperate fully in any social studies or fiscal and programmatic monitoring, auditing, evaluating, or other reviews pertaining to services rendered by the Contractor and subcontractor which may be conducted by the Department or the United States Department of Health and Human Services, or their authorized representatives; and to be responsible for any audit exception or other payment irregularity regarding this contract or subcontract, but only if such exception or irregularity is due to the sole negligence of the Contractor, which may be found after review by the Department or the United State Department of Health and Human Services; and to be responsible for the timely and proper collection and reimbursement to the Department of any amount paid in excess of the proper billing amount. Acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, HHSC Office of Inspector General, or any successor agency, to audit or investigate the expenditure of funds under this contract or any subcontract. Contractor further agrees to cooperate fully with the State Auditor's office or its successor, including providing all records requested. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Contractor and the requirement to cooperate is included in any subcontract it awards. O. Notice of Funding. The Contractor shall place prominent notices acknowledging the funding it receives from the Department in all of its literature that describes services covered by this contract. This notice will also appear in the Contractor's annual financial report, if any is issued. P. Contractor agrees that should the Contractor ever be shown by the Texas Comptroller of Public Accounts as "not in good standing" or should the Comptroller be prohibited from issuing a warrant or electronic funds transfer to Contractor, then the Department's payments under this contract shall be applied directly toward eliminating the Contractor's debtor delinquency to the State of Texas. This requirement specifically applies to any debt or delinquency, regardless of when it arises. The comptroller may determine the order in which debts or delinquencies are reduced or eliminated. ege�P 1_ ` - ".,.. ,. 36 �_...__ Texas Dept of Family State of Texas Form 2282CLIVE and Protective Services August 2004 Title IV -E County Legal Services Contract VI. Reporting Requirements. A. The Contractor shall submit service delivery reports required by the contract or self - evaluations of performance and other reports requested by the Department in appropriate format and on a timely basis; and to the extent permitted or required by law, make available at reasonable times and for reasonable periods, clients' records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the Department, the U.S. Department of Health and Human Services, or their authorized representatives. B. In developing, copying, and disseminating reports or other information under this contract, the Department and Contractor agree to the following: The Contractor retains all rights to copyright, use, reproduce, and distribute any material written or produced by the Contractor that is the subject of this contract. If the contractor develops any materials using funds from this contract, the Contractor must grant the Department and the federal government a royalty -free, nonexclusive, and irrevocable license or right to reproduce, translate, publish, use, disseminate, and dispose of such materials and to authorize others to do so for governmental purposes. VII. Additional Responsibilities of Contractor and Subcontractor. The Contractor shall be responsible to the Department for any subcontractor's performance under this contract. The Contractor shall, and will require any subcontractor to agree to: A. Provide services in accordance with the provisions of this contract; and to allow the Department and its representatives to monitor, audit, evaluate and otherwise review the services provided and related documentation, but only to the extent permitted or required by law. B. Notify the Department immediately and in advance of any significant change affecting the Contractor, including change of the Contractor's name or identity, ownership or control, governing board membership, personnel appointed under this Contract, payee identification number, and other. Notice will be provided in writing to the Department within ten (10) working days of the change. C. Refrain from transferring or assigning this contract or from entering into any subcontract for the services under this contract without prior written approval from the designated official Department signatory. Request for approval must be submitted in writing by the Contractor and include the qualifications of the subcontractor to perform and meet the standards of this contract. The Contractor shall be responsible to the Department for any subcontractor's performance. D. Provide statements from subcontractors signed by an official duly authorized to legally obligate the subcontractor and attest to the fact that it shall provide the services as represented in this contract, including the incorporated documents, with no disruption to service delivery. A similar statement must be signed by each subcontractor who will provide services as part of the contract. Each subcontractor may be required to submit ownership information and other information related to this contract. The Contractor may disclose any information regarding subcontractors. E. Remove any employee from direct client contact who is alleged to have committed an offense of abuse, neglect, or exploitation; or an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal code; or an offense under the Texas Controlled Substances Act. If it is determined that the employee has not committed such offenses, the employee may again be assigned to direct client contact; however, the Contractor or Subcontractor shall notify the Department of its intent to do so ten (10) working days prior to the reassignment. The Contractor or Subcontractor must provide the Department with further information concerning the reasons for the reassignment upon the request of the Department. If the employee is found to have committed any of the offenses listed in this paragraph, the employee shall not be reassigned to duties involving any direct contact with clients. 9rale 4 1 3) Texas Dept of Family and Protective Services State of Texas Title IV -E County Legal Services Contract Form 2282cuvE August 2004 F. Comply with all applicable federal and state regulations and with the Department's policies and procedures regarding services delivered under this contract included by not limited to the following: 1. Federal Financial Participation (FFP) requirements in accordance with Titles 45 and 48 of the Code of Federal Regulations and federal circulars, as amended. 2. Title VI of the Civil Rights Act of 1964 (Public Law 88 -352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93 -112), The Americans with Disabilities Act of 1990 (Public Law 101 -336), and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In addition, the Provider agrees to comply with Title 40, Chapter 73 of the Texas Administrative Code. These provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service or other benefits provided by federal and /or state funding, or otherwise be subjected to discrimination. 3. Health and Safety Code Section 85.113 (relating to workplace and confidentiality guidelines regarding AIDS and HIV). 4. Immigration Reform and Control Act of 1986 regarding employment verification and retention of verification forms for any individuals who will perform any labor or services under this contract. 5. Establish a method to ensure the confidentiality of records and other information relating to clients according to applicable federal and state law, rules and regulations. This provision does not limit the Department's right of access to client case records or other information relating to clients served under this contract, except to the extent that the Department acts outside of applicable state or federal law, rules or regulations applicable to such record or information. 6. Promptly report any suspected case of abuse or neglect to the appropriate Child Protective Services' off ices within the Department as required by the Texas Family Code, Chapter 261. All reports must be made within 24 hours of the discovery of the abuse or neglect. 7. If specific qualifications are set forth in job descriptions required by the Department, only personnel with the required qualifications will be assigned to fill functions unless a written waiver is granted by the Department. 8. To the extent permitted by Law, Contractor will verify and disclose, or cause its employees and volunteers to verify and disclose criminal history and any current criminal indictment involving an offense against the person, an offense against the family, or an offense involving public indecency under the Texas Penal Code as amended, or an offense under Chapter 281 of the Texas Health and Safety Code. This verification and disclosure will be required of all who have direct contact with clients. 9. Comply with state and federal licensing and certification requirements, health and safety standards, and regulations prescribed by the United States Department of Health and Human Services and the Texas Department of Family and Protective Services. 10. All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 at seq.). 11. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94 -163). 12. All applicable state and federal laws, rules, and regulations regarding conflicts of interest in the performance of its duties under this Agreement. Contractor warrants that it has no interest and will not acquire any direct or indirect interest that would conflict in any manner or degree with its performance under this Agreement. Texas Dept of Family State of Texas Form 2282CLIVE and Protective Services August 2004 Title IV -E County Legal Services Contract G. Submit an annual financial and compliance audit of the Contractor's fiscal year -end in accordance with Single Audit requirements of OMB Circular A -133 (Audits of State, Local Government, and Non - Profit Organizations), if applicable. H. Contractor has full responsibility to anticipate and mitigate any four digit year related events that could adversely affect the timely performance of this Contract or the date - related operations of any goods and /or services provided pursuant to it. Contractor warrants the fault free performance in the processing of date and /or date - related data by any product developed and delivered to Department pursuant to this Contract. Fault -free performance includes manipulation of data with dates prior to, through, and beyond January 1, 2000, and during leap years. Contractor agrees that all software developed and delivered pursuant to the Contractual requirements herein shall use four digit year elements. Contractor further agrees that four digit year elements will be used in any electronic data interchange that may occur with the Department as a result of this Contract. Contractor shall not be entitled to additional compensation or additional time to perform the obligations under this Contract as a result of Year 2000 events. VIII. Service Provisions. The Contractor agrees to provide services as specified below unless amended by both parties: A. Statement of Need. Title IV -E of the Social Security Act provides financial assistance to States for expenditures related to the preparation for and participation in judicial determination for cases filed by the Department in order to carry out applicable provisions of Title IV -E. The Department is responsible for this program, but may contract with counties for such services to children who have been determined to be eligible under IV -E. B. Goal. The goal of this contract is to provide fair, adequate and expeditious judicial determinations regarding children eligible for services under Subtitle ME of the Social Security Act, including the training of county staff in areas necessary for the administration of this portion of the State ME plan. C. Service Provisions. Contractor will assist the Department in providing fair, adequate and expeditious judicial determinations regarding children eligible for services under Subtitle IV -E of the Social Security Act. Such services will be in accordance with the attached Cost Allocation Plan and with Subtitle ME of the Social Security Act. D. Contract Outcomes and Outputs. Contractor will report the activities and outcomes of each case in which it participates pursuant to this contract and will provide a brief description of each short-term training in which its employees participate pursuant to this contract. E. Reporting and Record Keeping. The distribution and apportionment of salaries and wages must be in compliance with OMB Circular A -87. The Contractor shall submit bills: a) on a quarterly basis, b) using form 4116X, State of Texas Purchase Voucher and other Department or Contractor forms or sufficient documentation to support the claim as appropriate, and c) within 1 quarter of the quarter in which services were provided. In order to accommodate counties which bill small amounts each quarter, a Contractor may submit four quarterly bills for an entire fiscal year within one quarter of the end of that fiscal year. Any bill or amended bill which is submitted to the Department later than 7 quarters after the end of the quarter of the expense shall not be processed by the Department unless the Department determines, in the Department's sole discretion, that the Department is able to submit the bill to the federal government for payment in a proper and timely fashion. VOL A 0-1 6r 153 Texas Dept of Family State of Texas Form 2282CLIVE and Protective Services August 2004 Title IV -E County Legal Services Contract IX. Cost Allocation Plan. The Department agrees to and shall reimburse the Contractor from Subtitle IV -E funds the reasonable, allowable and allocable costs according to the approved Cost Allocation Plan found in Attachment A of this contract. The parties to this agreement have negotiated a detailed budget in the required format along with a narrative justifying both the budget and the allocation of costs to Subtitle IV -E of the Social Security Act, and the parties mutually believe that this Attachment A reflects appropriate costs for Subtitle IV -E. If costs are determined not to be reasonable, allowable and allocable under Subtitle IV -E, the Department shall not reimburse for those costs and shall recover any previous payments for such costs. If bills are inadequately documented or appear to be unallowable in whole or in part, the Department shall notify Contractor within 30 days. The Cost Allocation Plan should be amended for each fiscal year with the written agreement of the contract manager for the Department. If the contract is automatically renewed, and if the parties have not agreed to an amended Cost Allocation Plan, then the Cost Allocation Plan is also renewed without amendment but may be later amended by agreement of the parties. X. Provisions for Termination of Contract and Dispute Resolution. A. If the Contractor fails to provide services according to the provisions of this contract, the Department may, upon written notice of default to the Contractor, terminate all or any part of the contract after giving Contractor notice of at least 30 business days and an opportunity to comply with provisions of the contract within 30 business days. Termination is not necessarily an exclusive remedy but will be in addition to any other rights and remedies provided by law or under this contract. B. The Department shall suspend or revoke this contract if the Contractor is found liable for or has a contract, license, certificate or permit of any kind revoked for Medicaid fraud. The Department shall also suspend or revoke this contract if the Contractor's license, certificate or permit has been revoked by any agency listed in Article II of the General Appropriations Act passed by the 75th Texas Legislature. C. That the Department, based on information from monitoring or other verifiable sources, may terminate this contract for cause or take other actions: 1. To include requiring the Contractor to take specific corrective actions in order to remain in compliance with any contractual term, 2. To recoup payments made to the Contractor or impose administrative error sanctions based on audit findings of violations of contract requirements, and 3. To suspend, place into abeyance or remove any contractual rights to include, but which are not limited to, withholding of payment, cessation of placement and removal of all contract rights. D. If federal or state laws or other requirements are amended or judicially interpreted so that either party cannot reasonably fulfill this contract, and if the parties cannot agree to an amendment that would enable substantial continuation of the services, the parties shall be discharged from any further obligation under this contract. E. This contract may be terminated at any time by mutual consent. In addition, either party to this contract may consider it to be canceled by giving 30 days written notice to the other party. This contract will be terminated at the end of the 30 -day period. Nothing in this Section shall be construed to prohibit immediate written notice of termination of the contract pursuant to Sections X.A., X.B., and X.C., above. This contract shall otherwise terminate by the date specified pursuant to Section XII below. F. At the end of the contract term or other contract termination or cancellation, the Contractor shall in good faith and in reasonable cooperation with the Department, aid in transition to any new � 9f. 3`f Texas Dept of Family State of Texas Form 2282CLIVE and Protective Services August 2004 Title IV -E County Legal Services Contract rt arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. G. Contract Dispute Resolution. 1. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by the Department and the Contractor to attempt to resolve any claim for breach of contract made by the Contractor. a. A contractor's claims for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B. of the Government Code. To initiate the process, the contractor shall submit written notice, as required by subchapter B, to the Department's (DFPS) Commissioner or his designee. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of the Department and the Contractor otherwise entitled to notice under the parties' contract. Compliance by the contractor with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code. b. The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the contractor's sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the Department if the parties are unable to resolve their disputes under subparagraph 1. of this paragraph. c. Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by the Department nor any other conduct of any representative of the Department relating to the contract shall be considered a waiver of sovereign immunity to suit. 2. The submission, processing and resolution of the contractor's claim is governed by the published rules adopted by the Department pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. 3. Neither the occurrence of an event nor the pendency of a claim constitute grounds for the suspension of performance by the contractor, in whole or in part. Incorporation by Reference. The following instruments are incorporated into the contract for all purposes and are on file with the Department, the Contractor, and subcontractor(s): A. Attachment A, Cost Allocation Plan and supporting narrative B. Designation of authorized signatory for the Contractor C. Internal Control Structure Questionnaire (ICSQ), if applicable D. Form 2046, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts E. Form 2047e, Certification Regarding Federal Lobbying F. Copy of approved Indirect Cost Agreement G. Other forms, as needed: VvL P 01M-8 -1 Pa<t•aE Texas Dept of Family State of Texas Form 2282cuvE and Protective Services August 2004 Title IWE County Legal Services Contract MI. Effective Dates of Contract. This contract shall be in force effective September 1. 2007 through August 31, 2008. In case of amendment, the contract, as amended, shall automatically renew unless terminated, or unless this term is amended. XIII. Execution of Contract. For the faithful performance of the terms of this contract, the parties hereto in their capacities as state affix their signatures and bind themselves during the effective dates. Texas Department of Family and Protective Services Signature Printed Name: Jacque Seale Printed Title: Regional Director Contractor: Commissioners' Court of Brazos Countv _ Date 'Ng,,.J31 Texas Dept Family Certification Regarding Debarment Form 2046 and Protective ve Services g g ' Suspension, Ineligibility and Voluntary May 2004 Exclusion for Covered Contracts Federal Regulations (45 CFR part 76) require the Texas Department of Family and Protective Services (DFPS) to determine whether each potential contractor has been debarred or suspended or proposed for debarment or suspension under 48 CFR part 9, are ineligible, as defined in 45 CFR §76.105(i) or has accepted a voluntary exclusion. Each covered contractor must also make the same determination for each of its covered subcontractors. Contractors and subcontractors are both referred to as lower tier participants in this Certification. Instructions for Certification By signing and submitting this proposal, the prospective lower tier participant Is providing the certification set out below: 1. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 2. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances, whether the circumstances occur before the contract begins, during the term of the contract, or during the term of an extension of the contract. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of federal rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 4. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. Do you have or do you anticipate having subcontractors under this proposed contract? ❑ Yes ® No 5. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. �1 l37 Texas Dept of Family Certification Regarding Debarment, Form 2046 and Protective Services May 2004 Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, ineligibility and Voluntary Exclusion - -Lower Tier Covered Transactions Indic in the appropriate box which statement applies: The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. M ❑ Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant has attached an explanation to this certification. ,-2 3 3 Oval 7 Vendor ID No. or Social>S9curity No. , DFPS Contract No. (if applicable) Signature of 21 /L) Date A 5i1w, 47. 'JaQ ) Printed/Typed Name of Authorized Representative Title ql 133 1 Texas Dept of Family Contractor Assurances and Protective Services (with Certification) Form 4733 May 2006 Failure to respond "yes" to all applicable assurances could result in no award or the nonrenewal of your contract with the Department. 1. Contractor has no unresolved audit exception(s) with the Department. An unresolved audit exception is an exception for which the Contractor has exhausted all administrative ® Yes -1 No and /or judicial remedies and refuses to comply with any resulting demand for payment. 2. The amounts listed below are the only amounts that the Contractor owes to the ® Yes ❑ No Department for audits or recoupment: (If none, mark "yes" and indicate "0" or "none" in the space below.) Not4E 3. Contractor has not sold or transferred ownership of any Department payments due to ® Yes ❑ No Contractor to any third party, which would result in such payments being made to the third party. 4. Contractor agrees to accept training, technical assistance and monitoring from the ® Yes ❑ No Department and /or its authorized representatives. 5. Contractor certifies that the Contractor's staff or governing authority has not participated ® Yes ❑ No in the development of specific criteria for award /renewal of this contract, and will not participate in the selection of applicants awarded contracts. 6. Contractor has not retained or promised to retain an agent or utilized or promised to ® Yes ❑ No utilize a consultant who has participated in the development of specific criteria for the award /renewal of this contract, nor will participate in the selection of successful applicants awarded this contract. 7. Contractor agrees to provide the Department with information necessary to validate any ® Yes ❑ No statements made in this contracting /renewal process if requested by the Department. This may include, but is not limited to, allowing access for on -site observation, granting permission for the Department to verify information with third parties, allowing inspection of Contractor records, and allowing inspection of plans for compliance. 8. Contractor understands that failure to substantiate any statements made in the ® Yes ❑ No contracting /renewal process, when substantiation is requested by the Department, could cause the Contractor to fail to receive a contract or to fail to have its contract renewed. 9. Contractor agrees to comply with regulations, policies and procedures as specified by ® Yes ❑ No the Department as they relate to particular programs or services under this contract. 10. Contractor will submit any bills required on a calendar -month basis. ® Yes ❑ No 11. Contractor has written, or will have written by the effective date of this contract, or its ® Yes ❑ No renewal, Personnel Policies that comply with federal and state regulations and policies. 12. Contractor agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- ® Yes ❑ No 352), Section 504 of the Rehabilitation Act of 1973 (Public Law 93 -112), the Americans with Disabilities Act of 1990 (Public Law 101 -336), and all its amendments to each, and all requirements imposed by the regulations issued pursuant to these acts. In addition, the Contractor agrees to comply with Title 40, Chapter 73, of the Texas Administrative Code. These provide in part that no persons in the United States shall, on the grounds of race, color, national origin, sex, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, service or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. Contractor further agrees to comply with Health and Safety Code Section 85.113 relating to workplace and confidentiality guidelines regarding AIDS and HIV. 9� 13q Texas Dept of Family 2006 Contractor Assurances Form and Protective Services May 2006 (with Certification) 13. Contractor uses generally accepted accounting procedures for fiscal management. ® Yes ❑ No 14. Contractor certifies that the Contractor's organization has not had a contract terminated ® Yes ❑ No or been denied the renewal of any contract for noncompliance with policies or regulations of any state or federally funded program within the past 24 months. 15. Contractor will make available, at reasonable times and for reasonable periods, client ® Yes ❑ No records, books and supporting documents pertaining to services provided for inspecting, monitoring, auditing, or evaluating by Department personnel or their representatives. 16. Contractor certifies that funds requested in this contracting/renewal process will not be ® Yes ❑ No used to replace federal, state or local funding. 17. Contractor will maintain case records and statistical information as required by the ® Yes ❑ No Department. 18. If Contractor plans to utilize a subcontractor, the written subcontract will comply with this ® Yes ❑ No contract and other relevant Department policies /procedures and will be approved by the Department in accordance with the Department's subcontract approval procedures for residential child care contracts. 19. Contractor has written, or will have written by the effective date of this contract/renewal, ® Yes ❑ No plans for the handling of client complaints and grievances. 20. Contractor will establish a method to ensure confidentiality of records and other ® Yes ❑ No information relating to clients according to applicable federal and state law, rules, and regulations. This provision does not limit the Department's right to access records under this contract. 21. Contractor will comply with all requests of the Department to meet federal regulations ® Yes ❑ No and with all terms of the contract. 22. Pursuant to 15 U.S.C. Sec. 1, at seq. and Tex. Bus. & Comm. Code Sec. 15.01, et seq., ® Yes ❑ No Contractor hereby represents and warrants that neither the contractor nor the firm, corporation, partnership, or institution represented by the contractor, or anyone acting for such a firm, corporation, or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. CERTIFICATION: I certify that the information reported in this contracUrenewal is, to the best of my knowledge, complete and accurate; that the named legal entity has authorized me, as its representative, to submit this contracUrenewal; and that the legal entity will comply with all terms of the contracUrenewal, including meeting all screening criteria. I have attached a Corporate Board of Directors Resolution, or similar document authorizing me to enter into contracts on behalf of this legal entity. Date Name of Authorized Representative (Printed) Title of Authorize epresentative (Printed) 6� I.Tv Texas Dept of Family Certification Regarding Federal Lobbying Form 2047e and Protective Services (Certification for Contracts, Grants, Loans, and Cooperative Agreements) May 2004 PREAMBLE Federal legislation, Section 319 of Public Law 101 -121 generally prohibits entities from using federally appropriated funds to lobby the executive or legislative branches of the federal government. Section 319 specifically requires disclosure of certain lobbying activities. A federal government -wide rule, "New Restrictions on Lobbying," published in the Federal Register, February 26,1990, requires certification and disclosure in specific instances and defines terms: Covered Awards and Subawards - Contracts, grants, and cooperative agreements over the $100,000 threshold need (1) certifications, and (2) disclosures, if required. (See certification term number 2 concerning disclosure.) Lobbying - To lobby means "to influence or attempt to influence an officer or employee of any agency (federal), a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with any of the following covered federal actions: • the awarding of any federal contract, • the making of any federal grant, • the making of any federal loan, • the entering into of any cooperative agreement, and • the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement." Limited Use of Appropriated Funds Not Prohibited - The prohibition on using appropriated funds does not apply to activities by one's own employees with respect to: • liaison activities with federal agencies and Congress not directly related to a covered federal action; • providing any information specifically requested by a federal agency or Congress; • discussion and/or demonstration of products or services if not related to a specific solicitation for a covered action; or professional and technical services in preparing, submitting or negotiating any bid, proposal or application for a federal contract, grant loan or cooperative agreement or for meeting legal requirements conditional to receipt of any federal contract, grant, loan or cooperative agreement. (The prohibition also does not apply to such services provided by nonempioyees for the same purposes.) Professional and Technical Services - Professional and technical services shall be advice and analysis directly applying any professional or technical expertise. Note that the professional and technical services exemption is specifically limited to the merits of the matter. Other Allowable Activities - The prohibition on use of federally appropriated funds does not apply to influencing activities not in connection with a specific covered federal action. These activities include those related to legislation and regulations for a program versus a specific covered federal action. Funds Other Than Federal Appropriations - There is no federal restriction on the use of nonfederal funds to lobby the federal government for contracts, grants, and cooperative agreements. Applicability of Other State and Federal Requirements - Neither the government -wide rule nor the law affect either (1) the applicability of cost principles in OMB circulars A -87 and A -122, or (2) riders to the Texas State Appropriations Acts which disallow use of state funds for lobbying. TERMS OF CERTIFICATION This certification applies only to the instant federal action for which the certification is being obtained and is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies, to the best of his or her knowledge and belief, that: No federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any q_7 I qI Texas Dept of Family Certification Regarding Federal Lobbying Form 2047e and Protective Services (Certification for Contracts, Grants, Loans, and Cooperative Agreements) May 2004 federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federally funded contract, subcontract, subgrant, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (If needed, contact your Texas Department. of Family and Protective Services procurement officer or contract manager to obtain a copy of Standard Form -LLL.) 3. The undersigned shall require that the language of this certification be included in the award documents for all covered subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all covered subrecipients shall certify and disclose accordingly. Do you have or do you anticipate having covered subawards under this transaction? ❑ Yes ® No Name of III 14R a233 Boo l 7 DFPS Contract No. �l�rlo� Date Title Texas Dept of Protective Regulatory Services Budget for Title ME County Contract Form 20301Ve June 2007 w r > o 0 0 M N O y N C C � O LL W v R L C V C 0 U W d 1— L w a+ d m 7 m d N > N U_ d Z 2 N a Z `0 0 n =" a � O K d 91 1 L4 ui c 0 N C O m �N d A m a m V 0 Z Texas Dept of Protective and Regulatory Services Budget for Title ME Count y Contract A tltlinistfatlgn PireO Personnel Fringe, Benef t' County.- Brazos County Contract No. 23380017 Contract Period FY08 n end l FICA - 7.65% $7,818.61 102,206/12=8517 .0765 x 8517 x 12mos Workers Compensation - 0.21% $214.63 .0021 x 8517 x 12 Retirement - 11.8% $12,060.07 .118 x 8017 x 12 Medical $ Life Insurance $475 /mos /person $11,400.00 475 x 100% x 12 = 5,700 5,700 x 2 persons Dental $8 /mos /person $192.00 8 x 100% x 12 = 96 96 x 2 persons Total Direct Personnel Fringe Benefits $31,685.31 Note: Please refer to instructions. Form 2030ive June 2007 Texas Dept of Protective Budget for Title IV -E County Contract Form 20301VE and Regulatory Services June 2007 Administrra#lon . County. Brazos Count Contract No. 23380017 Contract Period FY08 yy y Court Reporter Transcriptions Based on FY 2006 expenditure $500.00 Citation of Publication Based on FY 2006 expenditures) $500.00 Conference & Seminar Fees $550.00 Publications (Based on library expenditures of 14,000 divided by 14 lawyers using resources ) $1,000.00 Commercial Copying of Records for Trial Discovery (Based on FY 2006 expenditures) $450.00 Total Direct Other Costs L $3,000.00 Note: Please refer to instructions. II l� The State of Texas, County of BR.AZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Randy Sims, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. (Texas Local Government Code, 114.026) Witness my hand this / day of 72e-zc A.D. 2000 C.. c Karen McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this 5 day of 209ff Randy Sim, County Judge Lloyd W ssermann, Commissioner Precinct #1 Duane Peters, Commiss' ner Precinct #2 Kenny Mallard, ommissionet recinct #3 �'haen t Carey Cauley, Commissioner Precinct #4 Treasurer's Report for the MONTH of JUNE 2007 AND THE O/E 6/30/07 a1, 07 Oct -OE Nov -OE Dec-OE Q/E 12/31/2006 Jan -07 Feb -07 Mar -07 Q/E 03/31/2007 Apr -07 May -07 Jun -07 Q/E 06/30/2007 Jul -07 Aug -07 Sep -07 Q/E 09/30/2007 YTD TOTALS INTEREST EARNED L FISCAL YEAR 2007 TOTAL INTEREST EARNED Fiscal Year 2007: $2,492,233.79 ATTACHMENT TO TREASURER'S REPORT TexPool Checking Acct Earnings Interest Interest Rate Interest Credit Rate $ 24,790.84 5.283% $ 227,152.92 5.391% $ 24,075.56 5.278% $ 212,867.88 5.470% 25,023.61 5.286% $ 233,08S.44 5.490% $ 73,890.01 $ 673106.24 $ 2,301011.79 $ 25,068.94 5.272% $ 275,876.60 5.400% $ 22,780.26 5.280% $ 274,282.69 5.530% 25 385.92 5.293% 292 195.45 5.580% $ 73,235.12 $ 842,354.74 $ 20,480.38 5.273% $ 270,979.52 5.490% $ 14,094.59 5.257% $ 269,720.63 5.420% $ 9,521.90 5.288% $ 244 850.66 5.0800/0 $ 44,096.87 $ 785,550.81 $ 191,222.00 $ 21301,011.79 TOTAL INTEREST EARNED Fiscal Year 2007: $2,492,233.79 ATTACHMENT TO TREASURER'S REPORT i O w C 3 d g 3 3 G an O g a 0 q O a M a S N qj 141 NQ O~ V WSS W V 0p1 Np O O O O �+ SNS �p r�ppp m Vp prpppff r W rp O Y 0 W t011 ��W Y S O S S p n F S.^.l0 0 n, T s < -I �^IIDm'9 Z x�rj R T S31 Gr W @p k: 0 S ^y C � fml m z °8 o ooS1� p ZZ 3 12 21 o i lii m°° un i O ° 3' A 00 Z 0 i Z o O i ° dJ W V {moll N Vp VI W V O W q N O t A o v w �p l� yWl 0 lN� a my lgAp yy V V V t[ Wl pq� O A qy O N� V i 1.q0+ Y Y 0 1011 T tw lwi W n y q pS N w V.1 Ay r 0 w H r IAII i b r P N A W N N VI V Y O O W Imll c O Z n H N A W y d V W V b b Y N N d b y V y1 V Y .p O N N �Np b V r yV11 d r r b z W V d y p N m 0 c�' ypy V .2 A < r A r r A N N f0 W N V C W W N (q VI N N. and V O. qm r O W T O {py 1p O pW� O 1pbp� W �mWp i Opl 01 yW W W� W Yy r VVI q N ��Npp mqV P pW� d m Y r r yVy�I r A ° r O �: "�:' q N Ol N J b .. 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O, W W m W p ppJ� P O 01 W A W N O N O) l0 N 1p W V N Y Vp m y A N ly W W N V O tyy b N C A V y1 W V V A Ol Y �p �p OI VI 0 01 N �p W V p� Vl yJ V d V O Vl m� O m .p 1py� O O 1 VI O N 01 N O t0 N O VI VI O N m V O .:, pl d A N lO w W O lD Ol N VI W P 1J t0 N N q O �p d q g m N GI N O) V O N 01 Y N S m m q tJ t0 V V V r qj 141 ui cr C O LJ 9 8 z REMO z OP Z ZF x a z 0a m 0 z 0 0 z 00 Q z a m z 34 Z m �9 0 z in 0 Ln 6 O P 0 bo t4 . . . . . . . . . . . wo O r N m 9 S . . . . . . . . . . ... . . . . . . . . . . . W qq m P� N Ln 51 p Ln 01 1121 ) ) ) u § c ! k � k § s @ ` ( K ( E $ , § § $ § k § ) ■ 0 / � §� _ e k � z \2 0 ° a ^ 9 /e4 e4 0 §§ § § ) ) ! $ \ k \ ( k \ k u 6 S / § ° - ] C6 • ° � $ / 3 . 2 § , ■ ( ( d ) ) } ) \ 01 1121 BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM �� DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: July 31, 2007 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the right of way of Long Trussel Road near its intersection with Cobb Road. Site is located in precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: I. No work will be permitted between front slope and /or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right - of -way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highway, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. ACTION REQUESTED OR ALTERNATIVES: SUBM T BY: A P OVE v Richard F. Vance, P.E. Commissioner Duane Peters County Engineer Precinct 2 CC07 -071 This Request is Approved EI / Denied 0 by Commissioners' Court Date: 94� / /c;- <1 — Randy Sirtje, County Judge 16 i 0 J w j vL 3 i I � ' 3 110, i M o, S V €. 01 PAGE 153 0 m w � 2 (i lU ,, T U N- REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) wickson Creels special Utility District proposes to place a (type) waterline within_ across_ Y the right -of -way of (road) W ! Lpwp %usa in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by _3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after the lstday of AUGUST 2007 Firm'. Wicl on Creek Special Utility District By. Tltie: General. Manager Address: R. 0. Box 4756 _ Bryan, Texas 77805 Phone: 979 -589 -3030 APPROVED BY COMMISSIONERS' s p; %� .�) 7 BRAZOS COUNTY / (� COMMISSIONERS' COURT ACTION FORM ^ / `� DEPARTMENT Road and Bride NUMBER 56001000 DATE OF COURT MEETING: July 31, 2007 ITEM: Request from Wickson Creek Special Utility District to construct a road bore for water line installations in the ri¢ht of way of Sand Creek Road approximately 0.2 mile from its intersection with SH 21 East Site is located in precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: I. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right - of -way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES /EXCEPTIONS: ACTION REQUESTED OR ALTERNATIVES: SUB TT , BY: � Richard F. Vance, P.E. County Engineer CC07 -070 This Ri Date: 7 OVED BY: 1-k c Commissioner Duane Peters Precinct 2 / Commissioners' Court N 3 1 W G 1 �1 W W IZ O k 03 p Ill V i I ill 0 F Lu REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Wickson Creek special Utility District proposes to place a (type) waterline within__ across_x the right -of -way of (road) SANDCREER ROAD in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after thelstday of AUGUST 2007 Firm: Wicyfian Creek Special Utility District By: lCir X !C Title: General Manager Address: B. 0. Box 4756 Bryan, Texas 77805 Phone. 979 -589 -3030 APPROVED BY COMMISSIONERS' COURT p Date C 7gy� /tiDl�' Randy Sim , ounty Judge a1: 157