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HomeMy WebLinkAbout2008-08-12-9:00AM-REGULARn c~ of o BRAZOS COiJNTY c, f BRYAN, TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRe~_7__.OS COUNTY WILL MEET IN REGULAR SESSION ON 12 AUGUST 2008 AT 9000 IN THE COMMISSIONERS COURTROOM OF THE C"IJNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_ 1 _ Invocation and Pledge of Allegiance - Commissioner Wassermann_ 2_ Call for citizen's input and/or concems_ Consider aad take actioa on agenda items 3 - 140 3- Request from Juvenile Services to utilize $130 of f.,nds approved for the purchase of a copier to cover the increase in costs for fbx iture purchases that were approved in their FY08 capital budget_ 4_ Request from the District Attomay's Office for approval of expenditures using this departm is DDEA finds for the purchase of laptop computers and laptop bags, two projectors and bags for the projectors, and one business shredder and associated supplies Ctotal to be transferred: $18,976-00)- 5- Budget Amendment 07/08-41 -1 thru 07/08-41 -8- 6- Personnel Change of Status_ 7_ Payment of Claims_ 8_ Revised Job Description for the County Court at Law 41 court reporter position, as submitted by Judge Matzke- Office of the County Judge • 200 South Texas Ave. Suite 332 - Bryan, Texas 77a03 - Fax: (979) 361-4503 14 ic~? Commissioners Court Agenda 12 August 2008 Page 2 9. Resolution 08-013 initiating eminent domain proceeding regarding 100 South Texas Avenue, 0.264 acres being Lots 9 and 10, Block 25, City of Bryan, Brazos County, Texas. 10. Renewal of the Title IV-E Child Welfare Services contract with the Texas Department of Family and Protective Services for FY09; term of this agreement is 9/01/2008 through 9/30/2009 with automatic renewal through 9/30/2012 on a federal fiscal year basis. 11. Title IV-E Legal Services contract with the Texas Department of Family and Protective Services for FY09; term of this agreement is 9/01/2008 through 9/30/2009 with automatic renewal through 9/30/2012 on a federal fiscal year basis. 12. Out of state travel request from the Bryan/College Station Metropolitan Planning Organization for Bart Benthul to attend the Transportation Research Board's Tools of the Trade National Conference in Portland, Oregon on 17-19 September 2008. 13. Tax Refund Applications for the following: a. Kathleen Bordieri d. Misty Smith b. Jeffrey Lee Garrett e. Phillip B. Sollock c. Josue & Patricia Saldivar 14. Acceptance of Daisy Lane in Big Cedar Estates (replat of the reserve tract) into the Brazos County road maintenance system; the road and drainage structures have been maintained by Brazos County since March 2006 but (inadvertently) did not make the court agenda at that time. Site is located in Precinct 2. 15. Announcement of interest items and possible future agenda topics. 16. Call for citizen input and/or concerns. 17. Agency / Board / Committee reports by Court members. 18. Adjourn The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102. PfoZE 41 COMMISSIONERS' COURT REGULAR MEETING AUGUST 12, 2008 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m. on Tuesday, August 12, 2008 with the following members of the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Wassermann 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 request from Juvenile Services to utilize $130 of funds approved for the purchase of a copier to cover the increase in costs for furniture purchase that were approved in their FY 2008 capital budget. On motion by Commissioner Peters, seconded by Vol th Page 4~-k Commissioners Court meeting August 12, 2008 2 Commissioner Cauley, the Court voted unanimously to approve the request. The Court next considered a request from the District Attorney's office for approval of expenditures using this department's DDEA funds in the amount of $18,976.00 for the purchase of laptop computers and laptop bags, two projectors and bags for the projectors, and one business shredder and associated supplies. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The Court next considered Budget Amendment #07/08-41.1 through 41.8 that would reallocate funds for Emergency Management, Community Supervision, Capital Improvement Fund- Juvenile, Justice of the Peace, Precinct 2, Place 1, Tax office; correct the error found in budget Amendment No. 07/08- 40.2 Capital Improvement Fund-Constable Precinct 1; transfer funds from Contingency to Court Support Costs; transfer funds from Road and Bridge Contingency to the Road & Bridge Department. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendments as submitted. A copy is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Vol to Page I-3 Commissioners Court meeting August 12, 2008 3 Requests. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to approve the changes as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7052757 through 7052992 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a request from Amanda Matsky, County Court at Law #1 Judge for permission to revise the job description of the Court Reporter. On motion by Commissioner Cauley, seconded by Commissioner Peters the Court voted unanimously to approve the request from the County Court at Law #1 Judge. A copy of the revised job description is attached. The Court next considered adopting Resolution 08-013 initiating eminent domain proceeding concerning the property at 100 South Texas Avenue, 0.264 acres being Lots 9 and 10, Block 25, City of Bryan, Brazos County. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to table consideration. Vol III Page 4q Commissioners Court meeting August 12, 2008 4 The next matter before the Court was consideration of the renewal of the Title IV-E Child Welfare Services contract with the Texas Department of Family and Protective Services. The only modification will be to reflect the federal fiscal year of October-September in lieu of Texas' fiscal year of September-August, but otherwise the terms and conditions of the contract will remain in full force. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract with the modification and authorized the County Judge to execute the document. A copy is attached. The Court next considered entering into an Interlocal Contract with the Texas Department of Family and Protective Services for State of Texas Title IV-E County Legal Services. This is pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code. The services performed are for foster care and adoption assistance. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the Interlocal Contract and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Organization Vol I h I Page 45. Commissioners Court meeting August 12, 2008 5 seeking approval for out of state travel for Bart Benthul to travel to Portland, Oregon to attend the "Small and Medium Sized Communities" Tool of the Trade 11th National Conference, September 17 through the 19, 2 0 0 8 . On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Metropolitan Planning Organization and approved payment of out of state travel expense for Mr. Bart Benthul. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. Kathleen Bordieri, over payment $303.75 b. Jeffrey Lee Garrett, over payment $47.40 c. Josue & Patricia Saldivar, over payment $2,200.00 d. Misty Smith, over payment $3,049.06 e. Phillip B. Sollock, over payment $1,474.63 On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered acceptance of Daisy Lane in Big Cedar Estates (re-plat of the reserve tract) into the Brazos County road maintenance system. The road and drainage structures have been maintained by Brazos County since March 2006 but inadvertently did not make the court agenda at that time. The site is in Precinct 2. On motion by Commissioner Vol [ l I Page 4(p. Commissioners Court meeting August 12, 2008 6 Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept Daisy Lane in Big Cedar Estates into the Brazos County road maintenance system. Under announcement of interest items and possible future agenda topics the following spoke: County Judge a) There will be a meeting tonight beginning at 6:00 p.m. at the Brazos Center to discuss emergency communications with 9-1-1. Under citizen input and/or concerns, the following spoke: Sheriff Chris Kirk a) There were 550 inmates in jail, 89 are on electronic monitoring and 38 are pending for the monitoring. Under Agency/Board/Committee reports by Court members, the following spoke: Commissioner Mallard a) He will be attending a transportation summit this week. They will be discussing the High Speed Rail. There being no further business to come before the Court, the meeting was adjourned. Vol III Page 41 The foregoing minutes of the Commissioners Court meeting held August 12, 2008 have been examined and are approved in open Court this the day of 1`tp vs",ty- 2008, in Bryan, Brazos County Randy Si County ~ Duane Peters Commissioner, Precinct 2 Carey Crley, Jr. Commiss oner, Preci ct 4 Attest: Karen McQueen County Clerk Lloyd Wassermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinct 3 Vol III Page 49. BRAZOS COUNTY COMMISSIONERS COURT vr, MEETING ON 2008 AT Name (PLEASE PRINT) Organization/Department ~ma4dA i e__ t /de &w; _ j 6' (to a BRAZOS COUNTY COMMISSIONERS COURT MEETING ON oZ 2008 AT ."W Name (PLEASE PRINT) Organization/Department )AE BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-41.1 thru 07/08-41.8 On this the 12'h day of August 2008 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 12 August 2008 the Court heard and approved a budget amendment for the 2007-2008 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 11 September 2007, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 12''' day of August 2008. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes .III 51 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 41.1 gm 91mm FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500100 80455000 CR Leasehold Improvement 767.00 0100 35500100 67281000 DR Equipment - Electronic 767.00 Emergency Management: To reallocate funds to allow for the cost of a QuickMedia receiver. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 41.2 Rm w9nnst FUND DIV . ACCT PROJ DR/CR v ACCOUNT NAME Increase Decrease 0100 26001000 60360000 CR Furniture 530.00 0100 26001000 67342000 DR Furniture 530.00 Community Supervision Support: To reallocate funds to allow for the urchase of a filing cabinet that fits into minor acquisition Cate o . Prepar~fid-Bye fd Date - ° 8151M.8' BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 41.3 8/12/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 63000500 60360000 CR Furniture 1,961.00 4500 63000500 67230000 CR Copier 130.00 4500 63000500 67342000 DR Furniture 2,091.00 Capital Improvement Fund - Juvenile: To reallocate funds to allow for the purchase of the furniture that fit into minor acquisition category. PPepare y Da ei„ , Y= ,r r $15120Dk BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 41.4 ni y9nna FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4500 49028000 CR Transfer from General Fund 500.00 4500 0100 63000500 30101100 67890000 67890000 DR CR Vehicle Equipment Vehicle Equipment 500.00 500.00 0100 91110000 DR Transfer to Capital Improvement 500.00 Capital Improvement Fund - Constable Pct. 1: To correct the error found in Budget Amendment No. 07/08 - 40.2. The Department intended t o move the fund from the De artmenfs budget to Capital Improvement Fund to cover the additional cost to the new vehicle purchased, but the budget amendment incorrect) moved the funds within Capital Improvement Fund. This budget amendment is to correct Budget Amendment No. 07/08 - 40.2 that was approved b the Commissioners' Court on 8/5/2008. ©ate~ r r 8~5/20A8 WL FATE BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 41.6 Am w9nnR FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency 219,600.00 0100 11010000 72205000 DR Court Appointed Attorneys - 85th 40,000.00 0100 11010000 72206000 DR Court Appointed Attorneys - 272nd 80,000.00 0100 11010000 72207000 DR Court Appointed Attorneys - 361 st 30,000.00 0100 11010000 72209000 DR Court Appointed Interpreter 9,000.00 0100 11010000 61020000 DR Autos 50,000.00 0100 11010000 61210000 DR Court Costs 10,000.00 0100 11010000 61225000 DR 2nd Administration Appeal 600.00 Court Support Costs: To move funds from the Coun 's Contin enc to cover various court support costs in the Division. f I 8 612, 0$ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 41.6 8/12/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24201100 59100000 CR DDEA 850.00 0100 24201100 60360000 DR Furniture 344.00 0100 24201100 67342000 DR Furniture 506.00 Justice of the Peace, Pct. 2-1: To reallocate funds to allow for the purchase of filing cabinets. 're`parecB~l} (II ~ 57 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 41.7 stm it9nnR ,-P 0 ~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 41.8 8/12/2008 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 56001000 61130000 CR Contin enc 280,000.00 0100 56001000 65670000 DR Road &B- maintenance-General 46,200.00 0100 56001000 80715000 DR Roads-Capital 233,800.00 Road & Bridge To reallocate funds to allow for the completion of maintenance and capital expenditures for roads for FY 2008. Department Mproyal) Date Prepared By _ ifj Date Si6/2008; F&-W ;val Date a PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 12, 2008 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Building Maintance McKee-el, Mechelle New Hire County Court at Law No. I Tigerina, Sara Ann Resignation Exposition Complex Boston, Shontae Termination Cole, Tracy L. New Hire Theiss, Chance R. New Hire Juvenile Services Transfer within Dept. Transfer within Dept. Gonzales, Liza Mathis, Jacklyn Road and Bridge Koch, Stephen C. Resignation Jackson, Gary C. New Hire Tax Office Delery, Mathew J. New Hire Approved in Commissioners' Court: August 12,2008: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) III BRAZOS COUNTY Job Description Class No: 903 Job Title: Court Reporter Department: County Court-at-Law Reports To: County Court-at-Law Judge FLSA Status: Nonexempt EEOC Category: Office and Clerical Pay Group: 25 Prepared/Revised Date: August 5, 2008 Approved Date: SUMMARY Records and accurately transcribes all court proceedings. Assist with clerical office duties when not in court including, but not limited to, answering phones, assisting attorneys, parties and other members of the public who appear in the court office for help. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Attends all sessions of the assigned county court-at-law and makes full record of evidence, objections, rulings, voir dire of jury duty, and arguments; Takes full shorthand notes by machine of closing arguments if requested to do so by the attorney of a party to the case, including objections to the arguments, court rulings and remarks on the objections, and exceptions to the rulings; Takes full shorthand notes by machine of oral testimony offered before the court, including objections made to the admissibility of evidence, court rulings and remarks on the objections, and exceptions to the rulings; Preserves the shorthand notes taken in court for three years from the date taken for future use and prepares accurate transcripts of court proceedings for appeals or future court use as instructed; Marks and files with the court exhibits introduced into evidence during trials or hearings, and indexes and files notes taken in court; Locates and reads testimony adduced in court for court or jury assistance; May call court to order in absence of Bailiff; May provide assistance to the public, by phone or in person, including directing people to the appropriate offices; 1 APPROVED Class No. 903 (Continued) May perform office management functions, including maintaining inventory of supplies, preparing budget and equipment needs for the court; May perform secretarial services which assist in the administrative functions of the court; and Performs such other duties as may be assigned. SUPERVISORY RESPONSIBILITIES This is a non-supervisory position. QUALIFICATIONS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE High school graduation or its equivalent, plus graduation from court reporting school; plus at least two years of experience; or any equivalent combination of education and experience that provides the required knowledge, skills, and abilities. KNOWLEDGE OF Thorough knowledge of machine shorthand theory and ability to meet standards established for certification as a Certified Shorthand Reporter through the Supreme Court of Texas; knowledge of correct English and spelling, vocabulary, including legal and medical terminology, and general knowledge of Texas law, and Texas court policies and procedure. SKILL/ABILITY TO Meet standards established for certification as a Certified Shorthand Reporter through the Supreme Court of Texas (180-225 words per minute depending upon nature of dictation, scoring at least 95 percent accuracy on this portion of the certification exam); type accurately at a minimum speed of 55 minutes per minute; understand and follow instructions; work under pressure to meet deadlines; communicate effectively, both orally and in writing; and maintain effective working relationships with co-workers and the general public. CERTIFICATES, LICENSES, REGISTRATIONS Certification as a Certified Shorthand Reporter by the Supreme Court of Texas (V.T.C.A., Government Code, Sec. 52.021). 2 APPROVED /~Z [tJ Class No. 903 (Continued) PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to sit, often for one or more hours without interruption; use hands to finger, handle, or feel; reach with hands and arms; bend and kneel; and talk and hear. The employee frequently is required to stand and walk. The employee must frequently lift and/or move objects weighing up to 20 pounds, such as books and stacks of records. The employee may occasionally be called upon to perform acts of intense physical exertion during emergency situations. Specific vision abilities required by this job include close vision, distance vision, peripheral vision, color vision, and ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. The noise level in the work environment is usually moderate. The employee is constantly required to work closely with others as a part of a team; required to perform tedious, exacting work, and required to work under time pressures to meet deadlines. The employee is frequently required to perform multiple tasks simultaneously. The employee is occasionally required to switch from one task to another. 3 -r ~'1 Texas Dept of Family Form 2282CWIVERNWL Title IV-E Child Welfare Services Renewal June 2008 and Protective Services Contract #23380021 Renewal #09-1 THIS RENEWAL ("Renewal") is entered into by and between the Texas Department of Family and Protective Services, ("Department"), and Commissioners' Court of Brazos County ("County"). 1. Recitals WHEREAS, the Department and the County entered into a contract ("Contract') for the provision of Title IV-E child welfare services through August 31, 2008; WHEREAS, pursuant to the terms of the Contract, the Department and the County desire to renew the Contract; WHEREAS, pursuant to the federal requirements regarding the principle of contemporaneous statistics set forth by the U.S. Department of Health and Human Services Division of Cost Allocation's Best Practices Manual, the Department and the County desire to modify the Contract to reflect the federal fiscal year (October - September) in lieu of Texas' fiscal year (September - August); WHEREAS, pursuant to Section II, A of the Contract, the parties will ensure that budget documents contained in the Contract accurately reflect this Renewal and will modify budget documents as necessary; and WHEREAS, the County is ready, willing, and able to provide the services requested and the Department desires that the Contractor do so. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereby agree as follows: II. Effect of Renewal on Contract A. Unless modified herein, the terms and conditions of the Contract remain in full force and effect. B. Section III of the Contract is modified by deleting "This Contract shall automatically renew for one fiscal year at a time through August 31, 2012, unless sooner terminated as described herein and replacing it with the following: 'This Contract shall automatically renew on a federal fiscal year basis through September 30, 2012, unless sooner terminated as described herein." C. Pursuant to the terms and conditions of this Renewal, this Renewal shall be effective September 1, 2008 through September 30, 2009 to enable the Contract to include and eventually coincide with the federal fiscal year. IN WITNESS WHEREOF, the parties have duly executed this Renewal to be effective September 1, 2008. Texas Department of Family and Protective Services Signature Printed Name: Shelia Brown Printed Title: Regional Director Signature Randy Sims Date Printed Title: County Judge Date iii 0 Texas Dept of Family Risk Analysis Questionnaire and Protective Services Contract Name: Commissioner's Court of Brazos County - Legal Form 9105 May 2008 Contract Number: 233gOW I FY 2009 Please provide the person's name and number to contact if additional information is needed: Megan Conkel - 979-361-4352 Do you currently have other client service contracts with DFPS or any other Governmental entity [federal, state (ISD, University) county]? Yes ® No ❑ If yes, please provide the contract number and indicate which of the following payment types is utilized for the rrnntrant- Cost Contractor is reimbursed for allowable costs. Reimbursement Fee For Service Contractor is paid a set fee per unit of service. Typically rates are negotiated with the individual vendor and may apply only to that vendor. An independent rate setting process does not exist for the contracted service. Rate Based Contractor is paid at a pre-determined rate or fee per unit of service, which was Payments established through a rate setting process. The rate setting process typically applies to multiple contractors who provide the service. Other Any other payment type not defined above. Contract Number Payment Type t Contract Number Jlee ~,r\d )5ec~ (`[snit a~ C04 a~~OCe,40n l Ian G,3r L- xo> Ln8i.LPe of Ferlprill caned SICL-k l~r,✓c~rct5 RAI Factor #3 Payment Type .Sc1, o AJe. Of 2. Check the appropriate time period since your last audit (e.g., annual audit, compliance audit, single audit) was completed by an independent auditor, including other state/federal agency. ® Less than 1 year ❑ 1 year ❑ 2 years ❑ 3 or more years OR No Audit completed RAI Factor #16 3. Type of Related Party Transactions: "Doing business" refers to business activities such as purchasing (e.g., a building, a computer, a vehicle, etc.), leasing (e.g., a building, a computer, a vehicle, etc.), and/or obtaining a service (e.g., legal services, accounting services, banking services, etc.), even if the purchase/lease/service is provided at no charge from anyone related by blood or marriage to a member of your Board of Directors; a principal stockholder; or a key employee. See 40 TAC § 732.240 (g). Does your agency do business with any of the above-mentioned parties for the following? Non-compensated services ❑ Yes ® No Non-routine and non-recurring services ❑ Yes ® No Consulting or Management services ❑ Yes ® No Building/Leasing ❑ Yes ® No Transportation ❑ Yes ® No Labor ❑ Yes ® No For-profit affiliated with non-profit ❑ Yes ® No Owned/operated by same or related entity ❑ Yes ® No RAI Factor #10 ilil - - -0 Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services May 2008 4. The percentage of total expenditures paid out to Subcontractors in a fiscal year. ® 0% ❑ 20% or less ❑ 21 % to 40% ❑ More than 40% RAI Factor #8 5. Experience of key management staff: Note: Fiscal components refer to the financial aspect of the contract. Programmatic components refer to the program side of the contract, such as monitoring that services are provided to clients, monitoring the quality of the service delivery, ensuring compliance to the service provisions in the contract (Section VIII). Executive ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and Director, fiscal or programmatic fiscal or programmatic programmatic components of President or components of federal components of federal federal and/or state contracted Equivalent and/or state contracted and/or state contracted programs programs programs Accounting ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and (Comptroller, fiscal or programmatic fiscal or programmatic programmatic components of Chief components of federal components of federal federal and/or state contracted Financial and/or state contracted and/or state contracted programs Officer, programs programs Business Mgr, etc.) Program ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and Director, fiscal or programmatic fiscal or programmatic programmatic components of Program components of federal components of federal federal and/or state contracted Coordinator and/or state contracted and/or state contracted programs or Equivalent programs programs RAI Factor #6 6. Total Contractor Experience Check the appropriate box below your total contractor experience (including experience with non-DFPS agencies) providing the type of service being contracted. ❑ 0 to 12 months ❑ 13 to 35 months ® 36 to 59 months ❑ 60 or more months RAI Factor #7 7. Check the appropriate box below if there has been any significant change in direct delivery and billing staff in the appropriate periods: ® No significant change in last 2 years ❑ Significant change in direct delivery and billing staff within: ❑ Last 2 years ❑ Last 12 months RAI Factor #7 Texas Dept of Family State of Texas Title IV-E County Legal Services Form J22 une LIVE 2008 and Protective Services Contract Contract #23394160 THIS INTERLOCAL COOPERATION CONTRACT (Contract) is entered into by and between the Texas Department of Family and Protective Services (DFPS or the Department) and Commissioners' Court of Brazos Count (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. DFPS will make IV-E funds available to counties to increase the amount of legal staff and services available to process child welfare cases. "Legal services" are activities performed by attorneys, paralegals, investigators, and clerical or other legal support staff on behalf of the county, in accordance with professional legal judgment, pertaining to children who have been abused or neglected or placed in out-of-home care or children at risk of placement in out-of-home care, including pursuing terminations of parental rights and otherwise assisting children in achieving permanence. Under this Contract, allowable services include the following as described herein and as qualified in 5000 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. Costs directly related to the administration of the foster care program are deemed allowable if they are necessary and reasonable, incurred while providing proper and efficient services to Title IV-E eligible children, and are in accordance with OMB A-87, 45 CFR §95.507, and 45 CFR §1356.60(c). 2. Training Expenditures for Title IV-E training costs associated with attending or participating in IV-E approved training. B. Statement of Work 1. County's Responsibilities: a. The County 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 IV-E of the Social Security Act. 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 comply 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) 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; (iii) Authorize the expenditure of County funds and other special funds on behalf of the children in the County referred by DFPS and; (iv) Review on a monthly basis child welfare expenditures and receipts, as well as a summary of services delivered during the month. Page 1 I I l~~ Texas Dept of Family State of Texas Title IV-E County Legal Services Form 2282CLIVE June 2008 and Protective Services Contract c. 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. d. 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. e. The County shall participate in DFPS' financial and statistical reporting systems. f. 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 (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. g. 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. h. 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. i. 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 Page 2 111 V Texas Dept of Family State of Texas Title IV-E County Legal Services Form 2282CLIVE and Protective Services Contract June 2008 means the effective dates of the Contract as described in Section III, below; renewals are considered to be separate contract periods. 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. k. 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. 1. 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. m. Contractor agrees to comply with state and federal anti-discrimination laws, including without limitation: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); (ii) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); (iii) Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); (iv) Age Discrimination Act of 1975 (42 U.S.C. 996101-6107); (v) Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); (vi) Food Stamp Act of 1977 (7 U.S.C. §200 et seq.); and (vii) The HHS agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. 1) Contractor agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, 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 or State funding, or otherwise be subjected to discrimination. 2) Contractor agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Applicable state and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Contractor agrees to ensure that its policies do not have the effect of excluding or limiting the participation of persons in its programs, benefits, and activities on the basis of national origin. Contractor also agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. 3) Contractor agrees to comply with Executive Order 13279, and it's implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not, in providing services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Page 3 Texas Dept of Family State of Texas Title IV-E County Legal Services Form June 2282CLIVE LIVE 2008 and Protective Services Contract 4) Upon request, Contractor will provide HHSC Civil Rights Office with copies of all of the Contractor's civil rights policies and procedures. 5) Contractor must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51St Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885 n. Contractor agrees to comply with the Fair Labor Standards Act (FLSA) (29 U.S.C. §201 of seq.) regarding minimum wages, overtime pay, recordkeeping, and child labor. 2. DFPS' Responsibilities: a. DFPS shall provide the County with the child population rate each quarter; and b. 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 20301VE, which includes Attachments "A", "B", and "C" (Budget Documents). Exhibit "[I" 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 Page 4 111 to Texas Dept of Family State of Texas Title IV-E County Legal Services Form 2282CLIVE and Protective Services Contract June 2008 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. 2008 through September 30. 2009. This Contract shall automatically renew for one fiscal year at a time through September 30. 2012, unless sooner terminated as described herein. SECTION IV. 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. Cost Allocation Plan and supporting narrative B. Designation of authorized signatory for the Contractor C. Form 2047e, Certification Regarding Federal Lobbying D. Copy of approved Indirect Cost Agreement E. Other forms, as needed: 9007 CIVE SECTION V. MODIFICATIONS 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 maybe modified by executing a formal written amendment signed by both DFPS and the County. SECTION VI. 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. Page 5 III 71__ Texas Dept of Family State of Texas Title IV-E County Legal Services Form June 2008 and Protective Services Contract 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 VII. 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 Commissioners' Court of Brazos County and Protective Services _ Signature Signature Printed Name: Shelia Brown Printed N e: Randy Sims Printed Title: Regional Director Printed /Title: County Judge Date Date Page 6 Texas Dept of Family Certification Regarding Federal Lobbying Form 22074 and Protective Services May (Certification for Contracts, Grants, Loans, and Cooperative Agreements) 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: 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 ~I~ . 73 Texas Dept of Family Certification Regarding Federal Lobbying Form 2047e and Protective Services May 2004 (Certification for Contracts, Grants, Loans, and Cooperative Agreements) 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 Contractor/Potential Name of A horized Representative -1339414 0 DFPS Contract No. Y/~~ Date LiAhty SUCf4c_ Title Texas Dept of Protective Budget for Title IV-E County Contract Regulatory Services Form 20301VE June 2007 Summary County. Brazos Count Contract No.: 23394160 Contract Period: FY 2009 Cost Category Amount Total A. Administration A.1. Direct Personnel Salaries $155,312.25 A.2. Direct Personnel Fringe Benefits $50,470.64 A.3. Direct Personnel Travel $0.00 A.4. Direct Material & Supplies $0.00 A.S. Direct Equipment (Rent/Lease/Purchase) $0.00 A.6. Direct Other Costs $8,000.00 Total Administration $213,782.89 B. Training Total Training $0.00 C. Supplemental Foster'Care Maintenance Costs Total Supplemental Foster Care Maintenance Grand Total (Includes Administration, Training and Maintenance) $0.00 213,782.89 Printed X =e & Title W „ > O MO N O N C E =j O LL r V i c O r C 7 O W i d P L- 0 14- iJ CD 0) V m ~ >V U m Z O ~N d w O O fl. ~ N C m G1 X U a) C F- m im O O O O L[) (N O O O O O O O O O O O O O O O O l1) N K ) O N O M O Go:)- O K} O EF} O f!} O 643, O VF O 613, O YA N M N M LLI 00 M ~ 60, r 3 0 ~ O d N d O t C- Z N N N m Z C r r r co ~ G1 m W L O O C N C) > O O C O c O O r r r d a .L V ec a. 4) C CO O O '.2 tlt! c6 4 - O d m C U) Q C F- O C 4 U-) d c es oO, (6 C4 ch O H _ d w N CL o O ' Q O P r r r Q L Z 0 G a, o r m C O~ C M cn U O d U) :N4 oo ` C M 70 Q O O O = O U W J M •U ¢ O J to O N O l O , 'm ( o z a > m i i L _0 c o to U U V Q 1- Y O a~ U 7 N C 0 w d as ff! m d a O .J Texas Dept of Protective Budget for Title IV-E County Contract and Regulatory Services Administration A2. Direct Personnel Fringe Benefits Count : Brazos Count Contract No. 23394160 Contract Period 911108-9130109 Type of Fringe Benefits Total FICA - 7.65% $11,881.67 155312.25/12=12943 .0765 x 12943 x 12mos Workers Compensation - 0.17% $264.04 .0017 x 12943 x 12 Retirement -11.8% $18,327.29 .118 x 12943 x 12 Medical & Life Insurance ($484.50/mos/person) $19,709.64 547.49 x 100% x 12 = 6,570 6,570 x 3 persons Dental ($8/mos/person) $288.00 8 x 100% x 12 = 96 96 x 3 persons Total Direct Personnel Fringe Benefits Note: Please refer to instructions. $50,470.64 Form 20301VE June 2007 Texas Dept of Protective Budget for Title IV-E County Contract Form 20301VE and Regulatory Services June 2007 Administration A.6. Direct Other Coun : Brazos County Contract No. 23394160 Contract Period: 911108-9130109 Other Costs (description and basis of cost) Total Court Reporter Transcriptions Based on FY 2007 ex enditur $500.00 Citation of Publication Based on FY 2007 expenditures) $500.00 Conference & Seminar Fees $550.00 Publications (Based on library expenditures of 14,000 divided b 14 lawyers using resources $1,000.00 Commercial Copying of Records for Trial Discovery (Based on FY 2007 expenditures) $450.00 Expert Witnesses $1,500.00 Interpreting Fees Based on FY 2007 expenditures) $1,000.00 Mediation Fees Based on FY 2007 expenditures) $2,500.00 Total Direct Other Costs $8,000.00 Note: Please refer to instructions. Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services May 2008 Contract Name: Commissioner's Court of Brazos County - Legal Contract Number: 23394160 FY 2009 Please provide the person's name and number to contact if additional information is needed: Megan Conkel - 979-361-4352 Do you currently have other client service contracts with DFPS or any other Governmental entity [federal, state (ISD, University) county]? Yes ® No ❑ If yes, please provide the contract number and indicate which of the following payment types is utilized for the rrnntrnrt• vCost v Contractor is reimbursed for allowable costs. Reimbursement Fee For Service Contractor is paid a set fee per unit of service. Typically rates are negotiated with the individual vendor and may apply only to that vendor. An independent rate setting process does not exist for the contracted service. Rate Based Contractor is paid at a pre-determined rate or fee per unit of service, which was Payments established through a rate setting process. The rate setting process typically applies to multiple contractors who provide the service. Other Any other payment type not defined above. Contract Number I Payment T pe Contract Number Payment Type SQL- EnC~~,Sect v ~US~ l~~~OC~ ~vr, 0, ~ot yckkAk le Of ,t jvkr l~ Ii.u^es of Fe era l aX&A S,<a~e f~c~~ rc{S RAI Factor #3 2. Check the appropriate time period since your last audit (e.g., annual audit, compliance audit, single audit) was completed by an independent auditor, including other state/federal agency. ® Less than 1 year ❑ 1 year ❑ 2 years ❑ 3 or more years OR No Audit completed RAI Factor #16 3. Type of Related Party Transactions: "Doing business" refers to business activities such as purchasing (e.g., a building, a computer, a vehicle, etc.), leasing (e.g., a building, a computer, a vehicle, etc.), and/or obtaining a service (e.g., legal services, accounting services, banking services, etc.), even if the purchase/lease/service is provided at no charge from anyone related by blood or marriage to a member of your Board of Directors; a principal stockholder; or a key employee. See 40 TAC § 732.240 (g). Does your agency do business with any of the above-mentioned parties for the following? Non-compensated services ❑ Yes ® No Non-routine and non-recurring services ❑ Yes ® No Consulting or Management services ❑ Yes ® No Building/Leasing ❑ Yes ® No Transportation ❑ Yes ® No Labor ❑ Yes ® No For-profit affiliated with non-profit ❑ Yes ® No Owned/operated by same or related entity ❑ Yes ® No RAI Factor #10 [H1 19 Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services May 2008 4. The percentage of total expenditures paid out to Subcontractors in a fiscal year. 00% ❑ 20% or less ❑ 21 % to 40% ❑ More than 40% RAI Factor #8 5. Experience of key management staff: Note: Fiscal components refer to the financial aspect of the contract. Programmatic components refer to the program side of the contract, such as monitoring that services are provided to clients, monitoring the quality of the service delivery, ensuring compliance to the service provisions in the contract (Section VIII). Executive ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and Director, fiscal or programmatic fiscal or programmatic programmatic components of President or components of federal components of federal federal and/or state contracted Equivalent and/or state contracted and/or state contracted programs programs programs Accounting ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and (Comptroller, fiscal or programmatic fiscal or programmatic programmatic components of Chief components of federal components of federal federal and/or state contracted Financial and/or state contracted and/or state contracted programs Officer, programs programs Business Mgr, etc.) Program ❑ Less than 2 years with ❑ At least 2 years with ® At least 2 years with fiscal and Director, fiscal or programmatic fiscal or programmatic programmatic components of Program components of federal components of federal federal and/or state contracted Coordinator and/or state contracted and/or state contracted programs or Equivalent programs programs RAI Factor #6 6. Total Contractor Experience Check the appropriate box below your total contractor experience (including experience with non-DFPS agencies) providing the type of service being contracted. ❑ 0 to 12 months ❑ 13 to 35 months ® 36 to 59 months ❑ 60 or more months RAI Factor #7 7. Check the appropriate box below if there has been any significant change in direct delivery and billing staff in the appropriate periods: ® No significant change in last 2 years ❑ Significant change in direct delivery and billing staff within: ❑ Last 2 years ❑ Last 12 months RAI Factor #7 k`I 90