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HomeMy WebLinkAbout2008-11-04-9:00AM-REGULAR~J a ~o BRAZOS COUNTY BRYAN, TEXAS cc~" NOTICE OF MEETING i/ AND AGENDA BRA7.OS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY, NOVEMBER 4, 2008 AT 9:00 A_M_ IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS_ 1 . Invocation and Pledge of Allegiance -Commissioner Cauley. 2. Call for citizen input and/or concerns- Consider and take action on agenda items 3 tuar 29 3. Budget Amendment 07/08 54.1 through 54.2. 4. Budget Amendments 08/09 5.1 through 5.4. 5. Payment of Claims. 6. Personnel Change of Status. 7 Contract with Portia Smith for Positive Total Difference II Workshop for Juvenile Probationers- Term o£tha contract is September 1, 2008 through August 31, 2009. 8_ Contract with Traci Thomas for the Mentor Program for Juvenile Probationers. Term of the contract is September 1, 2008 through August 31, 2009- 9. Contract with Leslie Blizzard for Court Ordered Psychological Sexual Evaluations for Juvenile Prob ationers_ Term of the contract is September 1, 2008 through August 31, 2009 _ Ofti¢¢ of the County Judge . 200 South Texas A-- Suite 332 Bryan, Texas 77803 - Fax (979) 361-4503 Commissioners Court Meeting Agenda November 4, 2008 Page Two 10. Interlocal Agreement with the District 2 Volunteer Fire Department The amount of the agreement is $29,000. The term of the agreement is October 1, 2008 through September 30, 2009. 11. Authorizing the County Judge to delegate responsibility for the use of the accepted electronic signature to the County Auditor to file reports and accept funds from the Federal Department of Criminal Justice for the Federal Alien Assistance Program. 12. Agreement with the Arts Council of Brazos Valley. The amount to be paid for services is $15,000. Term of the agreement is October 1, 2008 through September 30, 2009. 13. Payment Authorization in the amount of $2.00 to the Brazos County Inmate Trust Fund for reimbursement for the Report of Unclaimed Property for May 2007. 14. Request for out of state travel for two employees in the Jail Division of the Sheriff's Department to travel to Atlanta, Georgia to attend the National Crisis Intervention Team Conference November 3 - 7, 2008. 15. Award bid No. 2009-02 for Culverts to Contech Construction as primary supplier and Wilson Culverts as secondary supplier. Award is made on the recommendation of the Road and Bridge Department and the Purchasing Department. 16. Award bid No. 2009-08 for Seal Coat to Fred A. Ploch. Award is made on the recommendation of the Road and Bridge Department and the Purchasing Department. 17. Award of bid No. 2009-09 for Construction of New Two Lane Bridges to Wakefield Bridge, Inc. Award is made on the recommendation of the Road and Bridge Department and the Purchasing Department. 18. Reject bid No. 2009-07 for Crack Seal and authorize the Purchasing Department to re- advertise. 19. Approve a Manual Requisition for the Brazos Center to purchase two G15 Commercial Walk Behind Mowers at $2,476.27 each and one Z820 60 inch commercial mower at $7,922.69. 20. Appointment of Greg Leeth to the Board of the Brazos County Emergency Services District No. 4 through December 31, 2009. Mr. Leeth will fill the unexpired term of Carolyn Chapman. 21. Accept the resignation of Dorothy Dlabay effective November 1, 2008 from the Brazos County Emergency Services District No. 4 Board. Commissioners Court Meeting Agenda November 4, 2008 Page Three 22. Request for out of state travel from Tom Quarels, Director of the Special Event Facilities to attend the International Association of Fair and Expositions Convention in Las Vegas, Nevada on December 14 -18,2008. 23. Supplement to Contract Agreement with Junction Five-O-Five for staffing the county collections sites. The cost to the county for this service is $13,469.85. Term of the Agreement is October 1, 2008 through September 30, 2009. 24. Appointment of Lynn McIlhaney to the Council of Government Regional Planning Committee. 25. Exemptions from Competitive Bidding as Medical Providers: a. ALEX QUIROS - COUNSELING b. ALLIANCE TRANSPORTATION GROUP C. AMY BROWN - PROFESSIONAL SERVICES/COUNSELING 26. Exemption from Competitive Bidding for Vehicle and Equipment Repair: a. A FIRST SERVICES CO. b. A-1 WRECKER C. ACME GLASS CO. d. ADVANCED AUTO REPAIRS e. AG SOLARGUARD, INC. f. AGGIELAND AUTO TINT g. AGGIELAND AUTOMOTIVE/COLLEGE STATION h. AGGIELAND TIRE & REPAIR i. AMERICAN TRAILER SALES & RENTALS j. ANDY'S k. B&B AUTOMOTIVE 1. B I INC. M. BRAZOS VALLEY OFFICE SOLUTIONS n. BRAZOS VALLEY PICKUPS PLUS, INC. o. BRAZOS VALLEY WELDING SUPPLY INC P. , . BRYAN ALTERNATOR, INC. q. BRYAN MARINE, INC. r. BRYAN OUTBOARD, INC. S. BRYAN SIGNS, INC. t. BRYAN VARSITY FORD U. BRYAN WELDING & ORNAMENTAL V. BRYAN 800 COMMUNICATIONS, INC. W. C&F TIRE SERVICE X. C. MOORS, INC. Y. CITY PAINT & BODY LLC Ike ~ Commissioners Court Meeting Agenda November 4, 2008 Page Four z COLLEGE STATION AUTO PARTS, INC aa. COUFAL-PRATER EQUIPMENT, LTD bb. COOKS AUTO PARTS, INC./BRYAN CC. DALLAS DODGE, INC. dd. DAVID'S AUTOGLASS ee. DEAN AUTO PARTS ff. DECATUR ELECTRONICS, INC. gg. DENT-MAGIC ENTERPRISES, LLC hh. DISCOUNT TIRE CO. OF TEXAS ii. DISTRIBUTORS OPERATIONS, INC. jj. DIXIE TIRE, INC. k1c. DUKE AUTOMOTIVE 11. FAST SIGNS mm. G.T. DISTRIBUORS, INC. nn. GALLS, INC. 00. GEORGE'S PAINT AND BODY LLC pp. GOODYEAR AUTO SERVICE CENTER, INC qq. GOOSENECK TRAILER MANUFACTURER rr. GRAYS WHOLESALE TIRE DISTRIBUTOR, INC. ss. GRIFFIN LOCKSMITH & HARDWARE tt. HENLEY'S PAINT & BODY uu. HIGHTOWER AUTO GLASS w. HOGAN' S TRUCKS ww. HOT PURSUIT xx. IKE' S SMALL ENGINE LLC yy. INTERSTATE BATTERIES zz. J M TRAILERS LLC aaa. J&S BODY SHOP bbb. JACK WINSLOW BODY SHOP, INC. ccc. JOHN'S TRANSMISSION ddd. KB&KB ENTERPRISES, INC. eee. KALINEC TOWING CO., INC. fff. KAUFFMAN TIRE, INC. ggg. KUSTOM SIGNAL, INC. hhh. KWIK KAR LARRY WEST LASER TECHNOLOGY, INC. kkk. LITHIA-CHRYSLER, JEEP, DODGE 111. MAACO mmm. MANSEL'S WHEEL ALIGNMENT nnn. MOBILE VISION ooo. MIDWEST RADAR & EQUIPMENT ppp. NAPA AUTO PARTS qqq. OLIVER BROTHERS TRANSMISSION rrr. OLYMPIC AUTOMOTIVES sss. PHIL THWEAT ttt. PICKUPS PLUS Q Commissioners Court Meeting Agenda November 4, 2008 Page Five uuu. PILGER TIRES vvv. QUICKER STICKER, INC. www. RANDALL SATSKY STICKER PLUS xxx. RODRIGUEZ WHEEL ALIGNMENT yyy. SAFELITE zzz. SHAMMY CAR WASH aaaa. SIEGERT RADIATOR SHOP bbbb. SIGNS NOW cccc. STEEPHOLLOW FORGE WORKS dddd. STERLING GMC eeee. STROUHAL TIRE, INC. ffff. TEXAS COMMUNICATIONS OF BRYAN, INC. gggg. TOM LIGHT CHEVROLET hhhh. VARSITY FORD, LINCOLN, MERCURY, INC. iiii. WINGFOOT COMMERCIAL TIRE SYSTEMS, INC. jjjj. VEHICLE & EQUIPMENT REPAIRS 27. Approval of the Treasurer's Report for September 2008 and the quarter ending September 30, 2008. 28. Approval of the Commissioners Court Minutes for the following meetings: a. June 3, 2008 Regular Meeting b. June 10, 2008 Regular Meeting c. June 20, 2008 Workshop Session d. June 24, 2008 Regular Meeting e. July 1, 2008 Regular Meeting f. July 1, 2008 Workshop Session g. July 15, 2008 Regular Meeting h. July 22, 2008 Regular Meeting i. July 29, 2008 Regular Meeting 29. Pricing implementation document for CVS/Caremark for the county prescription program. 30. Acknowledge monthly reports. 30. Call for citizen input and/or concerns. 31. Announcements. 32. Agency / Board / Committee reports by Court members. 33. Adjourn. The Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two business days before the~eeting. To make arrangements, call (979) 361-4102. J i COMMISSIONERS' COURT REGULAR MEETING NOVEMBER 4, 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, November 4, 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 Cauley gave the invocation and then led the pledge of allegiance. There was no citizen input/and or concerns. The Court next considered Budget Amendment #07/08-54.1 through 54.2 that would reallocate funds for the Court Support Costs, and Justice of the Peace, Precinct 3. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to approve the budget amendments as Vol I I (P Page i D Commissioners Court meeting November 4, 2008 2 submitted. A copy of each amendment is attached. The next matter before the Court was consideration of Budget Amendment #08/09-5.1 through 08/09-5.4 that would transfer costs from the Brazos Center to County Clerk- Elections; and reallocate fund for the Expo Complex, 361St District Court, Constable, Precinct 4. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the Budget Amendment as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7055783 through 7055984 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the changes as submitted. The next matter before the Court was consideration of a contract with Portia Smith for Positive Total Difference II Workshop for Juvenile Probationers. This is for six (6) hour Vol 11 (f Page L Commissioners Court meeting November 4, 2008 3 workshops for each phase of the program. The cost is $40 per participant. Term of the contract is for twelve (12) months beginning September 1, 2008 and ending August 31, 2009. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to enter into contract with Portia Smith and authorized the County Judge to execute the document. A copy is attached. The Court next considered entering into contract with Traci Thomas for the Mentor Program for Juvenile Probationers. This is for six (6) workshops for each phase of the program. The cost is $570.00 per workshop. The term of the contract is for twelve (12) months, commencing September 1, 2008 and ending August 31, 2009. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of a Service Provider Agreement between the Brazos County Juvenile Services Department and Leslie Blizzard to conduct Court Ordered Psychological Sexual Evaluations on juveniles that have been referred to the Juvenile Court. The cost to Brazos County is $350.00 per evaluation. The term of the agreement Vol I 1 Cx Page L ~R Commissioners Court meeting November 4, 2008 4 is for twelve (12) months, commencing September 1, 2008 through August 31, 2009. On motion by Commissioner Cauley, seconded by Commissioner Peters the Court voted unanimously to approve the agreement and authorized the County Judge to execute the document. A copy is attached. The next matter for the Court's consideration was an Interlocal Agreement between Brazos County and the District 2 Volunteer Fire Department to provide fire protection to the Precinct 2 area. This is authorized by the Local Government Code 9 352.001. The cost to Brazos County is $29,000.00. The term is for one (1) year commencing on October 1, 2008 and terminating at midnight on September 30, 2009. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to enter into an Interlocal Agreement with the District 2 Volunteer Fire Department and authorized the County Judge to execute the document. The Court next considered authorizing the County Judge to delegate responsibility for the use of the accepted electronic signature to the County Auditor to file reports and accept funds from the Federal Department of Criminal Justice for the Federal Alien Assistance Program. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to authorize the County Judge to Vol 1 (P Page Commissioners Court meeting November 4, 2008 5 delegate responsibility for the use of the accepted electronic signature to the County Auditor to file reports, accept funds from the Federal Department of Criminal Justice for the Federal Alien Assistance Program and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was consideration of an Agreement with the Arts Council of Brazos Valley for the purpose of creating awareness of the fine arts among the member of the public. The cost to Brazos County is $15,000.00. The term of the contract begins on October 1, 2008 and ends on September 30, 2009. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the agreement with the Arts Council and authorized the County Judge to execute the document. A copy is attached. The Court next considered a payment authorization in the amount of $2.00 to the Brazos County Inmate Trust Fund for reimbursement for the Inmate Trust Fund for the Report of Unclaimed Property for May 2007. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the payment authorization. The next matter for consideration by the Court was a request submitted by the Jail Administrator seeking approval Vol 1I Page 4 Commissioners Court meeting November 4, 2008 6 for out of state travel for Lieutenant David Drosche and Sergeant Jayson Lyday to attend the National Crisis Intervention Team Conference in Atlanta, Georgia November 3- 7, 2008. on motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Jail Administrator and approved payment of out of state travel expense for Lieutenant Drosche and Sergeant Lyday. The Court next considered awarding Bid No. 2009-02, Culverts. Charles Wendt, Assistant Purchasing Agent, made the following recommendation: Primary-Contech Construction Secondary-Wilson Culverts on motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract as noted above. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2009-08, Seal Coat. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the only bid received that was submitted by Fred A. Ploch. on motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to accept Vol & Page 15 Commissioners Court meeting November 4, 2008 7 the recommendation of the Purchasing Agent and award the contract to Fred A. Ploch. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2009-09, Construction of New Two Lane Bridges. Charles Wendt, Assistant Purchasing Agent, recommended acceptance of the bid submitted by Wakefield Bridge, Inc. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent and award the contract to Wakfield Bridge, Inc. A copy of the bid tabulation is attached. The Court next considered awarding Bid No. 2009-07, Crack Seal. Charles Wendt, Assistant Purchasing Agent, recommended rejection of the only bid received that was submitted and asked permission to re-advertise and let this bid again. Richard Vance, County Engineer explained that this bid came in way above last year's bid. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the recommendation of the Assistant Purchasing Agent to reject the only bid received, to re-advertise and let this bid again. The next matter before the Court was consideration of a requisition in the amount of $12,875.23 to John Deere Vol 11(e Page Commissioners Court meeting November 4, 2008 8 Company, Inc. for the purchase of two (2) G15 Commercial Walk Behind Mowers and one (1) Z820 60 inch Commercial Mower. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The next matter before the Court was consideration of the appointment of an individual to serve on the Board of Directors of the Brazos County ESD ##4. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to appoint Greg Leeth to replace Carolyn Chapman on the Board of Directors of the Brazos County ESD #4. The Court next considered acceptance of the resignation of Dorothy Dlaby effective November 1, 2008 from the Brazos County Emergency Services District No. 4 Board. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to accept the resignation of Dorothy Dlaby. The next matter for consideration by the Court was a request submitted by the Director of the Special Events Facilities, Tom Quarles seeking approval for out of state travel for himself to attend the International Association of Fair and Expositions Convention in Las Vegas, Nevada on Vol JIU Page 13 Commissioners Court meeting November 4, 2008 9 December 14-18, 2008. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Director of the Special Events Facilities and approved payment of out of state travel expense for Tom Quarles. The next matter before the Court was consideration of a supplement to the Contract with Junction Five-O-Five for staffing the county collections sites. The cost to the county for this service is $13,469.85 and term of the agreement is October 1, 2008 through September 30, 2009. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve modify the contract amount to $13,109.85 which is the contract amount without the cost of mowing and authorized the County Judge to execute the document. A copy of the modified contract is attached. The Court next considered the appointment of an individual to serve on Council of Government Regional Planning Committee. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to appoint Lynn McIllhaney to serve on the Council of Governments Regional Planning Committee. The Court next considered an Exemption from Competitive Vol Page 1 9 Commissioners Court meeting November 4, 2008 10 Bidding Requirements of Local Government Code, Section 262. 024 (a) (A) . On motion by the County Judge, seconded by Commissioner Cauley, the Court voted unanimously to exempt the following vendors of professional medical services from the competitive Bidding Requirements for fiscal year 2009: a. ALEX QUIROS - COUNSELING b. ALLIANCE TRANSPORTATION GROUP C. AMY BROWN - PROFESSIONAL SERVICES/COUNSELING The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)A). On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to exempt the following vendors for Vehicle and Equipment Repair from Exemption of Competitive Bidding Requirements: a. A FIRST SERVICES CO. b. A-1 WRECKER C. ACME GLASS CO. d. ADVANCED AUTO REPAIRS e. AG SOLARGUARD, INC. f. AGGIELAND AUTO TINT g. AGGIELAND AUTOMOTIVE/COLLEGE STATION h. AGGIELAND TIRE & REPAIR i. AMERICAN TRAILER SALES & RENTALS j. ANDY'S k. B&B AUTOMOTIVE 1. B I INC. M. BRAZOS VALLEY OFFICE SOLUTIONS n. BRAZOS VALLEY PICKUPS PLUS, INC. o. BRAZOS VALLEY WELDING SUPPLY, INC. p. BRYAN ALTERNATOR, INC. q. BRYAN MARINE, INC. r. BRYAN OUTBOARD, INC. S. BRYAN SIGNS, INC. t. BRYAN VARSITY FORD Vol 1) I-p Page 1 1 Commissioners Court meeting November 4, 2008 U. BRYAN WELDING & ORNAMENTAL V. BRYAN 800 COMMUNICATIONS, INC. W. C&F TIRE SERVICE X. C. MOORE, INC. Y_ CITY PAINT & BODY LLC Z. COLLEGE STATION AUTO PARTS, INC aa. COUFAL-PRATER EQUIPMENT, LTD bb. COOKS AUTO PARTS, INC./BRYAN CC. DALLAS DODGE, INC. dd. DAVID'S AUTOGLASS ee. DEAN AUTO PARTS ff. DECATUR ELECTRONICS, INC. gg. DENT-MAGIC ENTERPRISES, LLC hh. DISCOUNT TIRE CO. OF TEXAS ii. DISTRIBUTORS OPERATIONS, INC. jj. DIXIE TIRE, INC. kk. DUKE AUTOMOTIVE 11. FAST SIGNS MM. G.T. DISTRIBUORS, INC. nn. GALLS, INC. 00. GEORGE'S PAINT AND BODY LLC pp. GOODYEAR AUTO SERVICE CENTER, INC qq. GOOSENECK TRAILER MANUFACTURER rr. GRAYS WHOLESALE TIRE DISTRIBUTOR, INC. SS. GRIFFIN LOCKSMITH & HARDWARE tt. HENLEY'S PAINT & BODY uu. HIGHTOWER AUTO GLASS VV. HOGAN'S TRUCKS ww. HOT PURSUIT xx. IKE'S SMALL ENGINE LLC yy. INTERSTATE BATTERIES zz. J M TRAILERS LLC aaa. J&S BODY SHOP bbb. JACK WINSLOW BODY SHOP, INC. ccc. JOHN'S TRANSMISSION ddd. KB&KB ENTERPRISES, INC. eee. KALINEC TOWING CO., INC. fff. KAUFFMAN TIRE, INC. ggg. KUSTOM SIGNAL, INC. hhh. KWIK KAR iii. LARRY WEST jjj. LASER TECHNOLOGY, INC. kkk. LITHIA-CHRYSLER, JEEP, DODGE 111. MAACO mmm. MANSEL'S WHEEL ALIGNMENT nnn. MOBILE VISION 11 Vol 1) ~ Page 00 Commissioners Court meeting November 4, 2008 ooo. MIDWEST RADAR & EQUIPMENT ppp. NAPA AUTO PARTS qqq. OLIVER BROTHERS TRANSMISSION rrr. OLYMPIC AUTOMOTIVES sss. PHIL THWEAT ttt. PICKUPS PLUS uuu. PILGER TIRES vvv. QUICKER STICKER, INC. www. RANDALL SATSKY STICKER PLUS xxx. RODRIGUEZ WHEEL ALIGNMENT yyy. SAFELITE zzz. SHAMMY CAR WASH aaaa.SIEGERT RADIATOR SHOP bbbb.SIGNS NOW cccc.STEEPHOLLOW FORGE WORKS dddd.STERLING GMC eeee.STROUHAL TIRE, INC. ffff.TEXAS COMMUNICATIONS OF BRYAN, INC. gggg.TOM LIGHT CHEVROLET hhhh.VARSITY FORD, LINCOLN, MERCURY, INC. iiii.WINGFOOT COMMERCIAL TIRE SYSTEMS, INC. jjjj.VEHICLE & EQUIPMENT REPAIRS On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for September 2008. A copy is attached to and made a part of these minutes. The Court next considered approval of the minutes of the Commissioners' Court meetings held in June and July 2008 on the following dates: Regular Meetings June - 3rd, 10th, 24th Workshop Session June - 20th Regular Meetings July - 1St, 15th, 22na, 29th Workshop Session July - 1St 12 Vol 11 Page a Commissioners Court meeting November 4, 2008 On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the minutes as submitted. The next matter before the Court was consideration of the pricing implementation document for CVS/Caremark for the county prescription program. The effective date is January 1, 2009. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the document and authorized the County Judge to execute the document. A copy is attached. The Court acknowledged receipt of the Extension Service reports for 2008 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Sheriff A copy of the officials' reports can be viewed in the County Auditor's office. 13 Vol f Page ~J. Commissioners Court meeting November 4, 2008 14 There were no citizen input and/or concerns. Under announcement of interest items and possible future agenda topics the following spoke: Sheriff Chris Kirk a) Had 575 inmates in jail last night. He is excited that they are starting to level the site for the construction of the new jail. Commissioner Mallard a) The College Station City Council will hold a meeting Wednesday, evening at 7:00 p.m. to discuss minimum lot size for subdivisions in the ETJ. He is going to try to attend as is the County Judge. Commissioner Wassermann will be making a presentation at the meeting. There were no Agency/Board/Committee reports by Court members. There being no further business to come before the Court, the meeting was adjourned. Vol 1 I (c Page a3 The foregoing minutes of the Commissioners Court meeting held November 4, 2008 have been examined and are approved in open Court this the ((1 day of Onnc& Vie. , 2008, in Bryan, Randy S County/ Duane Peters Commissioner, Precinct 2 rey Ca le r. Commissioner, Precinct 4, Attest: Karen McQueen County Clerk f~Qt/ Dom. ~~r1, Lloyd assermann Commissioner, Precinct 1 Kenny Malla Commissioner, Precinc 3 Vol I I Co Page J~ Brazos County, Texas. Pg _ of BRAZOS COUNTY COMMISSIONER'S COURT DAY OF .20 0 ~ M, Name (PLEASE PRINT) Organization (PLEASE PRINT) pa S7 0 ~l /3~so c c Pct ~ y. 1 • I ll~ 96 5,- ~\3~ e 9 t2~-, Pg _ of BRAZOS COUNTY COMMISSIONER'S COURT Name Organization (PLEASE PRINT) ' jhl- ~ DAY OF , PM, III( 20 09 (PLEASE PRINT)_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2007-2008 BUDGET YEAR NO. 07/08-54.1 thru 54.2 On this the 4th day of November, 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 4, November 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 are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4"' day of November, 2008. THE COMMSSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By Ori Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Randy Sims, County Judge 11( o.-7 attached to the original budget BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07108 - 54.1 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11010000 71040000 CR Contract Placement 4,479.00 0100 11010000 72206000 DR Crt Appointed A -272nd 325.00 0100 11010000 72207000 DR Crt Appointed A -361st 1,404.00 0100 11010000 72201000 DR Crt Appointed A -CCL#1 1,150.00 0100 11010000 61020000 DR Autos 1,600.00 Court Support Costs To reallocate the budget to allow for the payment of Court Support Costs for court appointed attorne s and additional autopsies for fiscal year 2008. Prepared By: ifj Date: 10/30/2008 Departure wAPProv Date( Ij~ 29 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 07/08 - 54.2 11 winnJt FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24301100 59100000 CR DDEA 187 84 0100 24301100 61060000 DR Bonds 134.00 . 0100 24301100 61801000 DR Travel 53.84 Justice of the Peace Pct. #3 : Bo ett To reallocate funds to close out the bonds and travel expenses for fiscal year 2008. Prepa red' By: I f Date: 10/3072008 Department Appro~I _ Date ) Ic 4~2 7 Date ; BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR NO. 08/09-5.1 thru 08/09-5.4 On this the 4`h day of November, 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 4, November 2008 the Court heard and approved a budget amendment for the 2008-2009 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 19 September 2008, the following amendment(s) to the original are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 4th day of November, 2008. THE COADUSSIONERS' COURT OF BRAZOS COUNTY, TEXAS. By: Sims, County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 5.1 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36500100 61740000 CR Tele hone 600.00 0100 34004 61880000 CR Utilities 7,300.00 0100 21002000 61740000 DR Telephone 600.00 0100 21002000 61880000 DR Utilities 7,300.00 -jf- (v Doj ~c County Clerk-Elections and B razos Center To move the utility costs from the Brazos Center departmental budget to the County Clerk-Elections department. The Arena Hall has been remodeled for use b the County Clerk for election purposes therefore the utilities should be accounted for in the Coun Clerk de artment. C.. CJ IC ~ - l vo~~ GO 'Department Approval D' to Prepared By: ifj. Date: 10/27/2008 County Jud pproval Date I I 31 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08109 - 5.2 4-i mi,2nnQ FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 36000100 67286000 CR Equipment - Other 11,125.63 0100 36000100 80293000 DR Equipment - Expo Center 11,125.63 Expo Complex To reallocate funds to the proper expenditure account to capitalize the cost of the full automated ual grade laser levelin system. Department Approval Date Prepared By: iF] Date: 10/30/2008 County'Jud Approval Date i~ 3'z BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 5.3 11 w9nnu FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 22200100 71500000 CR Rental -Equipment 540.00 0100 22200100 65200000 DR Copier Mainteance 540.00 361st District Court To reallocate funds to allow for a ment of copier maintenance. Prepared By: ifj Date: 10/30/2008 Department Approv~ Date III 33 l~ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 08/09 - 5.4 11/41MU PRO, DR/CR ACCOUNT NAME Increase Decrease FUND DIV E6659E5O0 0100 30401100 CR Vehicle Equipment 470.85 0100 30401100 00 DR Vehicle M aintenance 470.85 Constable Pct. # 4: Buler To reallocate funds to the proper expenditure account to allow for the payment of a cage for a vehicle. Prepared By: ilj Date: 10/30/2008 Departm Date e ,i6 34 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: November 4, 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 Road and Bridge Bates, Larry W. Carlisle, Kevin R. Emola, Glenn Engleman, Michael James, George J. Transfer within Department Promotion Transfer within Department Transfer within Department Transfer within Department Sheriffs Office Wallace, Hugh Cell Phone Allowance Sheriffs Office- Jail Benford, Darin Termination Kindell, Reba Retirement Williams, Houston Retirement Approved in Commissioners' Court: November 4 2008: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) 1Il 35 STATE OF TEXAS COUNTY OF BRAZOS Portia Smith Positive and Total Difference II Workshop Non-Residential Services September 1, 2008- August 31, 2009 This agreement is entered into by and between the Brazos County Juvenile Board at the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation") and Portia Smith ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide one workshop for each phase of the JSCC program. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2008, and ending August 31, 2009. ARTICLE III SERVICES 3.01 The service providers shall: A. Provide six (6) hour workshop for each phase of the JSCC program B. Accept all juveniles assigned to the program and ensure each participates in workshop. C. Service Provider shall provide regular progress reports after each workshop. D. Service Provider agrees to cooperate fully with any program evaluation instigated by Juvenile Probation. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete workshop. 2. Prevent re-referrals of children during the six (6) months following completion of workshop. j 1~ 3(0 B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures: 1. The total number of juveniles completing workshop. 2. The total number of re-referrals of children completing workshop within six months of completion. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of juveniles who successful complete workshop. 2. Percentage of juveniles who have completed workshop and not re-referrals within six (6) months of completion. 4.02 Service Provider shall report on an annual basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration for the above-mentioned services, Juvenile Probation agrees to pay Service Provider forty dollars $40.00 per participant. 5.02 Service Provider agrees to reduce the amount of each invoice for services by that amount received from other sources for said services. (Reimbursement terms for contractors NOT serving clients) OR 5.02 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) of the parties receiving the services, the dates and times services were provided. (Reimbursement terms for contractors serving clients) 5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to the hours worked, attributed to specific clients if appropriate; date service was rendered; the hourly rate; the total daily cost; and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.04 Service Provider agrees to make claims for payment or direct any payment disputes to the Juvenile Probation Fiscal Officer. Service Provider will not contact other Juvenile Probation employees regarding any claims for payment. 5.05 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. I ► ~ 3-7 2 ARTICLE VI EXAMINATION AND RETENTION OF RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.03 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to juveniles involved in Juvenile Probation, and shall not re-disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that is under the supervision of Juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Brazos County Sheriff's Office); and B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979)-823-4211. 0 39 3 ARTICLE IX DISCLOSURE OF INFORMATON 9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. G. All notices to the Brazos County Juvenile Services Department shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the Executive Director, Douglas Vance. Further each notice will be sent by certified or registered mail, addressed to 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 to the Office of the County Judge, Randy Sims. ARTICLE X EQUAL OPPORTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. 0 37 4 ARTICLE XI ASSIGNMENT & SUBCONTRACT 11.01 Service Provider may not assignor subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XH OFFICIALS NOT TO BENEFIT 12.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIH DEFAULT 13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms. C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 13.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XIV TERMINATION 14.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 14.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, 5 Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XV WAIVER OF SUBROGATION 15.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVI INDEMNIFICATION 16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Brazos County and Juvenile Probation for any act(s) of commission or omission of Brazos County's or Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVII SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVIII REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos, or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement; and D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any 11~ 41 6 applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXI ADDITIONAL TERMS 21.01 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 21.02 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid or application is not ineligible to receive the specified grant, loan or payment and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. 21.03 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIII PRIOR AGREEMENTS SUPERSEDED 23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. 0 4a ARTICLE XXIV AMENDMENTS 24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. EXECUTED IN DUPLICATE [or TRIPLICATE - see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZOS TY D POR BY: BY: Judge Rand ims, Chairman Brazos Co my Juvenile Board BY: BY: Doug Vanc Chief Probation Officer Brazos County Juvenile Services Department Civil Division, Brazos County 8 li~ 43 STATE OF TEXAS COUNTY OF BRAZOS Traci Thomas Mentor Program Non-Residential Services September 1, 2008- August 31, 2009 This agreement is entered into by and between the Brazos County Juvenile Board at the request of and on behalf of the Brazos County Juvenile Services Department (collectively referred to as "Juvenile Probation") and Traci Thomas ("Service Provider"). ARTICLE I PURPOSE 1.01 The purpose of this Agreement is to provide one workshop for each phase of the JSCC program. ARTICLE H TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2008, and ending August 31, 2009. ARTICLE III SF.R VTC'F..q 3.01 The service providers shall: A. Provide six (6) hour workshop for each phase of the JSCC program B. Accept all juveniles assigned to the program and ensure each participates in workshop. C. Service Provider shall provide regular progress reports after each workshop. D. Service Provider agrees to cooperate fully with any program evaluation instigated by Juvenile Probation. ARTICLE IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete workshop. 2. Prevent re-referrals of children during the six (6) months following completion of workshop. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures: 111 44 1. The total number of juveniles completing workshop. 2. The total number of re-referrals of children completing workshop within six months of completion. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of juveniles who successful complete workshop. 2. Percentage of juveniles who have completed workshop and not re-referrals within six (6) months of completion. 4.02 Service Provider shall report on an annual basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration for the above-mentioned services, Juvenile Probation agrees to pay Service Provider $570.00 per workshop. 5.02 Service Provider agrees to reduce the amount of each invoice for services by that amount received from other sources for said services. (Reimbursement terms for contractors NOT serving clients) OR 5.02 Service Provider must use its best efforts to seek and obtain all benefits available from other sources for eligible children. It must initiate and complete any appropriate Medicaid application and complete all necessary documentation to obtain reimbursement for children who may be eligible for Medicaid. Any income received by Service Provider toward the support of a child from sources other than this Agreement, including but not limited to Medicaid, Social Security, medical insurance coverage, or contributions from parents or others must be documented as to each child for whom a billing is submitted and deducted from the invoice submitted to Juvenile Probation. Documentation must include the name(s) of the parties receiving the services, the dates and times services were provided. (Reimbursement terms for contractors serving clients) 5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted within ten (10) working days following the end of the invoiced month and shall include information deemed necessary for adequate fiscal control, including but not limited to the hours worked, attributed to specific clients if appropriate; date service was rendered; the hourly rate; the total daily cost; and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.04 Service Provider agrees to make claims for payment or direct any payment disputes to the Juvenile Probation Fiscal Officer. Service Provider will not contact other Juvenile Probation employees regarding any claims for payment. 5.05 Service Provider agrees and understands that all financial obligations of Juvenile Probation provided for in this Agreement for which current revenue is not available will be contingent on the availability of appropriated funds to meet said obligations. 114 ~S ARTICLE VI EXAMINATION AND RETENTION OF RECORDS 6.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this Agreement and/or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.03 Service Provider understands that acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Service Provider further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Service provider will ensure that the foregoing clauses concerning the authority of the State of Texas to audit and the requirement to cooperate is included in any subcontract or arrangement Service Provider enters into in which funds received under this Agreement form all or part of the consideration. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to juveniles involved in Juvenile Probation, and shall not re-disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegation or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that is under the supervision of Juvenile Probation) within twenty-four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Brazos County Sheriff's Office); and B. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1-512-424-6717 (or if unable to complete the form within 24 hours, then by calling toll-free 1-877-786-7263, followed by submitting the report within 24 hours of said call); and C. Brazos County Juvenile Probation Department to facsimile number (979)-823-4211. 4 00 ARTICLE IX DISCLOSURE OF INFORMATON 9.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation filed against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. G. All notices to the Brazos County Juvenile Services Department shall be sent by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas 77803 to the Executive Director, Douglas Vance. Further each notice will be sent by certified or registered mail, addressed to 200 South Texas Avenue, Suite 332, Bryan, Texas 77803 to the Office of the County Judge, Randy Sims. ARTICLE X EQUAL OPPORTUNITY 10.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. It will not unlawfully discriminate against any employee, prospective employee, child, childcare provider, or parent on the basis of age, race, sex, religion, disability or national origin. Service Provider shall abide by all applicable federal, state and local laws and regulations. 0 47 ARTICLE XI ASSIGNMENT & SUBCONTRACT 11.01 Service Provider may not assign or subcontract any of its rights, duties and/or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XII OFFICIALS NOT TO BENEFIT 12.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIII DEFAULT 13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement as it deems appropriate, in any one of the following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms. C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. 13.02 Any default by Service Provider, regardless of whether the default results in termination, will jeopardize Service Provider's ability to contract with Juvenile Probation in the future, and may result in the refund of compensation received under this Agreement. ARTICLE XIV TERMINATION 14.01 This Agreement may be terminated: A. By either party upon ten (10) days written notice to the other party of the intention to terminate; or B. Upon expenditure of available funds. 14.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, i 49 Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XV WAIVER OF SUBROGATION 15.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims or rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. ARTICLE XVI INDEMNIFICATION 16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos County and Juvenile Probation against any and all negligence, liability, loss, costs, claims, or expenses arising out of wrongful and negligent act(s) of commission or omission of Service Provider, its agents, servants, or employees arising from activities under this Agreement. Service Provider shall have no obligation to indemnify and hold harmless Brazos County and Juvenile Probation for any act(s) of commission or omission of Brazos County's or Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVH SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Brazos County's Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that the Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XVIII REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B.. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Brazos, or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement; and D. That all of its employees, intems, volunteers, subcontractors, agents and/or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any 11b 41 applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Brazos County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXI ADDITIONAL TERMS 21.01 Service Provider shall comply with all applicable federal and state laws and regulations, Juvenile Probation policies, and Texas Juvenile Probation Commission standards pertinent to services provided under this Agreement. 21.02 Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement, bid or application is not ineligible to receive the specified grant, loan or payment and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. 21.03 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. ARTICLE XXII LEGAL CONSTRUCTION 22.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained therein. ARTICLE XXIH PRIOR AGREEMENTS SUPERSEDED 23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. 4 56 ARTICLE XXIV AMENDMENTS 24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and specify an effective date thereof. Juvenile Probation will then notify Service Provider in writing, dated subsequent to the date hereof, of such changes and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. EXECUTED IN DUPLICATE [or TRIPLICATE - see below], EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZOS BY: Judge Rapdy Sims, Chairman ARD TRACI THOMAS Brazo% county Juvenile Board BY: Doug V c Chief Probation Officer Brazos County Juvenile Services Department BY: Traci Thomas Full Title BY: N, I ft Civil Division, Brazos County iw SI_ SERVICE PROVIDER AGREEMENT BETWEEN THE BRAZOS COUNTY JUVENILE SERVICES AND LESLIE BLIZZARD This Agreement is entered into between the Brazos County Juvenile Services, hereafter referred to as BCJS and Leslie Blizzard hereafter referred to as Service Provider. Purpose The purpose of this Agreement is to set terms, conditions and fees for Service Provider to conduct Court Ordered Psychological Sexual Evaluations on juveniles that have been referred to the Juvenile Court Such evaluations may only be done by a licensed counselor with a current certification as a Licensed Sex Offender Treatment Provider. TERM The term of this Agreement is for twelve (12) months, commencing September 1, 2008 through. August 31, 2009. BCJS may terminate this Agreement immediately in the event the Service Provider substantially or materially breaches the Agreement. The Service Provider shall be paid for work satisfactorily completed prior to the date of termination. RESPONSIBILITIES OF THE BRAZOS COUNTY JUVENILE SERVICES 1. BCJS shall. notify Service Provider that a juvenile has been ordered an evaluation. 2. BCJS shall send Service Provider all pertinent information needed in order to conduct an evaluation. 3. BCJS shall provide Service Provider space at BCJS in order to conduct the evaluation. RESPONSIBILITIES OF SERVICE PROVIDER 1. Service Provider shall complete and submit written evaluation report, to BCJS, report no later than thirty (30) days after original notice. 2. In the event Service Provider is unable to fulfill the thirty day evaluation completion time line a written explanation shall be provided to BCJS from the Service Provider detailing the reason(s). 3. Service Provider shall remain current and in good standing with all applicable licensing agencies and immediately report to BCJS any applicable licenses suspensions, cancellations or terminations. I 4.. Service Provider shall submit current copies of applicable license to BCJS. FUNDING 1. BUS agrees to pay Service Provider the amount of $350.00 for each completed evaluation received. 2. Service Provider shall not charge parents/ guardians of the juvenile for any services rendered. 3. Invoices shall be submitted to; Brazos County Juvenile Services Attn: Collin Coker 1904 West Highway 21 Bryan, Texas 77803 4. Invoice submitted by Service Provider shall contain the name of the juvenile that received service. MAINTENANCE AND ACCESSIBILITY OF RECORDS The Service Provider shall maintain for a minimum of seven (7) years past the last date on which service was given or until the juvenil'e's 21st birthday, whichever occurs later, pursuant to 22 Texas Adminstrative Code 165. Service Provider agrees to make books, records and supporting documentation relevant to this Agreement available to authorized BCJS representatives, auditors, and any other person as may be authorized by the BCJS or by the State of Texas or Federal statute. The Service Provider will cooperate fully in any such audit. Failure to maintain books, records and supporting documentation shall establish a presumption in favor of the BCJS and the County for the recovery of any funds paid by BCJS, Brazos County or the State under this Agreement for which adequate books, records and supporting documentation are not available to support disbursement. 2 RIGHT OF AUDIT AND MONITORING BCJS shall monitor the Service Provider's conduct under this Agreement which may include, but shall not be limited to, reviewing records of program performance in accordance with Administrative rules, license status review, fiscal and audit review, Agreement compliance and compliance with affirmative action requirements of this Agreement. BCJS may request,, and Service Provider will supply, upon request, necessary information and documentation regarding transactions constituting contractual (whether a written contract is in existence or not) or other relationships, paid for with funds received hereunder. Documentation may include, but is not limited to, information regarding Service Provider's contractual agreements, identity of employees, shareholders and directors of Service Provider and any party providing services which will or may be paid for with funds received hereunder, including, but not limited to, management and consulting services rendered to Service Provider. INDEPENDENT CONTRACTOR The Service Provider is an independent contractor under this Agreement and neither the Provider nor any employee or agent of the Provider is an employee of BCJS and does not acquire any employment rights with the BCJA or the County of Brazos by virtue of this Agreement. The Service Provider will provide the agreed services and achieve the specified results free from the direction or control of the BCJS as to the means and methods of performance. The Service Provider will be required to provide his or her own equipment and supplies necessary to conduct business; provided that in the event for its convenience or otherwise the BCJS makes any such equipment and/or supplies available to the Service Provider, the Provider's use of such equipment or supplies provided by the BCJS pursuant to this Agreement shall be strictly limited to official BCJS or Brazos County business and not for any other purpose, including any personal benefit or gain. Juvenile Services assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of the Service Provider's duties as described under this Agreement. The Provider agrees to hold harmless Juvenile Services and Brazos County against any and all liability, loss, damage, cost or expenses, including attorney's fees, arising from the intentional torts, negligence or breach of contract of the Service Provider, with the exception of acts performed in conformance with an explicit, written directive of Juvenile Services. The Service Provider may not subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by Juvenile Services. In emergencies, 3 I~~ ~T the Service Provider will request approval in writing within at least (24) twenty-four hours of the use of a subcontractor to fulfill any obligations of this Agreement. CONFIDENTIALITY The Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations as well as Department administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. The records and information shall be protected by the Service Provider from unauthorized disclosure. HEALTH INSURANCE PORTABILITY AND ACCOUTABILITY ACT. The Service Provider certifies that it is in compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Public Law No. 104-191, 45 CFR Parts 160, 162 and 164, the Social Security Act 42.U.S.C. 1320d-2 through 1320d-7, in that such Provider may not use or disclose protected health information other than as permitted or required by law and agrees to use appropriate safeguards to prevent use or disclosure of the protected health information. LICENSING The Service Provider is required to maintain all applicable licenses, pen-nits or certifications. Copies of any applicable licenses are to be filed with Brazos County. MISCELLANEOUS - 1. Either parties may terminate the Memorandum of Understanding by giving _a (30) thirty day written notice to the other party. 2. BCJS will exercise no right of control over Service Provider or its employees. Service Provider agrees to protect, defend, indemnify and save harmless BCJS against loss, damage, or expense by reason of any suits, claims, demands, or judgments and causes of action caused or contributed to any part by Service Provider, its agents, servants or employees arising out of or in consequence of the performance of this agreement. 3. The provider understands that signing this agreement does not guarantee any referrals from the Brazos County Juvenile Services Department. 4 0 55 4. This Agreement may be modified or amended at any time during its tenn by mutual consent of the parties, expressed in writing, and signed by the parties. 5. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 6. No failure of BCJS to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Juvenile Services. 7. The Service Provider agrees to notify BCJS prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreement, and to cooperate with BCJS in joint or coordinated releases of information. 8. The Service Provider shall give 30 days prior written notice to the BCJS, if there is a change in the Provider's legal status, federal employer identification number (FEIN) or address. BCJS reserves the right to take any and all appropriate action. The Provider agrees to hold harmless BCJS for any acts or omissions by the BCJS resulting from the Service Provider's failure to notify of these changes. 9. The Service Provider understands and agrees that this Agreement may not be sold, assigned, or transferred in any manner, to include an assignment of Service Provider's rights to receive payment hereunder, and that any actual or attempted sale, assignment, or transfer without the prior written approval of Juvenile Services shall render this Agreement null, void, and of no further effect. I O.The Service Provider And Juvenile Services understand and agree that this agreement constitutes the entire agreement between them and that no promises, terms, or conditions not recited herein or incorporated herein or referenced herein, including prior agreements or oral discussions, shall be binding upon either the provider or the department. 5 EXECUTED this the ©-~h day of 0actet , 2008. Randy S, County Judge Chai an, Brazos County Juvenile Board Dr. Doug Van , Executive Director Brazos County Juvenile Services Leslie Blizzard, Licens =ofes~ional Counselor Licensed Sex Offender, Treatment Provider 6 1 I (p r,-~ INTERLOCAL AGREEMENT FIRE PROTECTION SERVICE THIS INT RLOCAL AGREEMENT is hereby made and entered into this 9C day of , 2008, by and between the DISTRICT 2 VOLUNTEER FIRE DEPARTMENT, INC ("Department") and BRAZOS COUNTY, TEXAS, ("County"), each acting by and through its duly authorized agents; WHEREAS, the County is authorized to contract with an unincorporated volunteer fire department to provide fire protection pursuant to Local Government Code §352.001; and WHEREAS, the County believes it more cost effective to contract with a volunteer fire department than to purchase equipment and operate a County fire department; and WHEREAS, the Department has the personnel and equipment to provide such services and would benefit by the payment of funds by the County. NOW, THEREFORE, the parties, in consideration of the mutual covenants and conditions contained herein, agree as follows: SCOPE 1. Department shall provide Fire Protection Services to any person who requests it within the confines of Precinct 2, as described on Exhibit "A" attached hereto and made a part hereof for all purposes; provided however, if assistance is requested by other volunteer fire departments for Precinct 1, 3, and 4 it shall provide services in these areas, if possible. A more detailed map of the various Fire Districts can be obtained at the Brazos County Appraisal District at 1673 Briarcrest Drive, Suite A-101, Bryan, Texas 77802, and the parties agree to use the records maintained by that office if a question about the boundaries of the Precincts should arise. 2. All requests for services under this Agreement shall be through the 9-1-1 Emergency Communications District, which dispatches fire protection units for the County. 3. Department will maintain fire fighting equipment and certified personnel in compliance with Subchapter D of Chapter 419, Government Code. The condition of equipment provided hereunder is the sole responsibility of its Department. If the equipment is damaged or destroyed, the financial responsibility is the Department's and may be recovered through insurance acquired by the Department, or through any other resources available to the Department. The County is not responsible for damage to equipment or injury to any person, or for the actions of the Department except as expressly provided in this agreement. Dist. 2 VFD Contract Page ! of 4 I I~ PAYMENTS 4. County agrees to provide the budget appropriations necessary to fund Department at its present level of service and shall pay Department the sum of Twenty-nine Thousand and no/100 Dollars ($29,000.00) upon execution of this contract. 5. The County shall make all payments to Department for these services from current revenues. TERM AND TERMINATION 6. This Agreement shall be for a term of one (1) year commencing on October 1, 2008, and terminating at midnight on September 30, 2009; provided however, this contract shall automatically renew for additional, successive one (1) year terms at the expiration of the preceding term unless earlier terminated by either party as set froth below. Such Annual Renewal Terms shall be on identical terms and conditions as set forth herein, except the Parties may agree in writing to an increase or decrease in the amount of funding set forth in paragraph 4 hereof. Either party to this Agreement shall have the right to terminate this Agreement, without cause, upon thirty (30) days written notice of such termination. Should the Agreement be terminated, the rights and obligations of the Parties hereunder shall terminate, except that the rights and obligations of the Parties that have accrued under this Agreement prior to the date of termination shall survive. In the event of a termination, the fee payable pursuant hereto shall be adjusted on a pro-rata basis and refunded within thirty (30) days of such termination. NOTICES 7. All notices issued between parties to this Agreement shall be in writing. All notices shall be deemed given on the date personally delivered, faxed, or deposited in the U.S. Mail to the following parties: Department: District 2 VFD, Inc., Brazos County P.O. Box 32 Kurten, Texas 77862 Attn: Merrie Noak, Fire Chief County: Brazos County 200 South Texas Ave., Ste. 332 Bryan, Texas 77803 Attn: Randy Sims, County Judge Dist. 2 VFD Contract Page 2 of 4 DEFENSE OF CLAIMS 8. If any party to this contract is sued by any third party for any acts or omissions arising from the performance of this Agreement, the parties agree that the provision of fire protection services is a governmental function, and pursuant to Local Government Code §352.004, which provides that when fire protection is provided outside the municipalities in a county, it is an act of the County, the Department and its personnel are considered agents of the County. However, nothing in this Agreement shall be construed as making either Party responsible for the payment of compensation and/or any benefits for the other Party including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the other Party's employees and/or equipment. Nothing in this Agreement shall be construed as making the requesting Party responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the responding Party. 9. The County does not waive or relinquish any immunities or defense it has under law, on behalf of itself, its officers, employees or agents as a result of its execution of this Agreement and the performance of the covenants herein. MISCELLANEOUS PROVISIONS 10. If any provision of the Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provisions or provisions of this Agreement with legal terms and conditions approximating the original intent of the Parties. 11. This Agreement is the entire agreement between the Department and the County relating to the provision of fire protection services and supersedes any and all prior agreements, arrangements, or understandings, whether written or oral. 12. This Agreement is for the benefit of the parties to the Agreement, and does not confer any rights on any third parties. 13. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by the authorized representatives of all parties. 14. This Agreement has been made under and shall be governed by the laws of the State of Texas. This Agreement and all matters related thereto shall be performed in Brazos County, Texas. The venue of any lawsuits arising out of this Agreement shall be in Brazos County, Texas. 15. Failure of any Party at any time, to enforce a provision of this Agreement, shall not constitute a waiver of that provision, nor in any way affect the validity of this Dist. 2 PFD Contract Page 3 of 4 4 Agreement or the right of any party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the Party(ies) claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other, different or subsequent breach. 16. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 17. Recipient shall furnish to the County Auditor, at a minimum, documentation indicating the use of funds received from the County. The County's Auditor may require the recipient to provide information necessary for the Auditor to properly account for all funds expended or received by the entity. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed. District 2 VFD, Inc., Brazos County By: 6 tieNoak,,FireChief Date: ID-2B-N3 Brazos By: County Judge Date: 11-4-09 ATTEST: By. aren McQueen, County Clerk Dist. 2 VFD Contract /)4 J I Page 4 of 4 RECOVER' CAREM[ 1'.R=~,*•((\J+ Pricing Implementation Document It .:211 .c&tV is Ulith Cf1.5~1 'Brazos County "PharmaCare Management Services, L.L.C., a subsidiary of Caremark Rx, L.L.C. (hereinafter referred to as "Caremark")" BRAND AWP - 24% + $0.00 dispensing fee GENERIC AWP - 60% + $0.00 dispensing fee ELECTRONIC CLAIM $0.00 per claim ADMINISTRATION FEE RETAIL BRAND Lower of U&C or AWP-16.5% + $1.60 dispensing fee GENERIC Lowest of U&C or AWP-16.5% + $1.60 dispensing fee or Caremark MAC + $1.60 dispensing fee Generic effective rate guarantee of AWP-58% (MAC and non-MAC combined) + $1.60 dispensing fee ELECTRONIC CLAIM $0.00 per claim ADMINISTRATION FEE MANUAL CLAIM $1.50 per claim ADMINISTRATION FEE :A Three Tier Qualifying Plan D sign MAIL $29.90 per brand claim RETAIL $8.80 per brand claim SPECIALTY MEDICATIONS (See Specialty Drug List) Administration Fee $0.00 The pricing set forth above is contingent upon the following assumptions: ■ An effective date of 01/01/2009. In order for Caremark to implement the pricing asset forth above by the effective date, this document must be signed by Brazos County ("Client") and returned to Caremark before 11/01/2008. ■ Execution of a four-year agreement. Client may terminate without cause without penalty after the first year of the contract provided Client has given Caremark 90 days prior written notice. ■ Caremark shall be the exclusive mail service provider. ■ Caremark shall be the exclusive specialty provider. ■ Rebate guarantees are based upon fully-funded plan designs, which allow a 90 day supply at mail and claim utilization and plan design(s) are as represented by Client. ■ Rebate guarantees for mail and retail are measured and reconciled in the aggregate. ■ Rebates will be effective the later of 1/1/09 or the first day of the first calendar quarter following Caremark's receipt of this executed document. ■ Any specialty rebates received will be retained by Caremark. ■ Qualifying three tier plan designs will have at least a $15.00 co-payment differential between preferred and non-preferred brand prescriptions, a $15.00 differential in the minimum co-payment for coinsurance, or a differential of coinsurance 1.5 times between the preferred and non- preferred brand (for example, if preferred brand coinsurance was 20%, Pion- preferred brand would need to be 30% to qualify). ■ Retail pharmacy rates may vary and the amount paid to the retail pharmacy may not be equal to the amount billed to Client and Caremark shall retain any difference. ■ Caremark may exclude the following from any retail pricing guarantee: o Specialty/biotech drugs; 0 100% member-paid plans; o Generics that enter the market with supply limitations or restrictions that limit marketplace competition; o Compound drugs. Brazos County 2008 PID GPO/RxClaim v.1 Page 1 Proprietary & Confidential © 2007 Caremark ti~ 6 a AREMARK• Pricing Implementation Document /t alisra'tS tuh-19 cal-w" Brazos County "PharmaCare Management Services, L.L.C., a subsidiary of Caremark Rx, L.L.C. (hereinafter referred to as "Caremark")" The participating retail pharmacy may collect from the plan participant the lower of the applicable co-pay, or discounted price, or the retail pharmacy's usual and customary price. Client agrees not to participate in any other formulary or similar discount program, or enter into any direct or indirect contracts with pharmaceutical manufacturers with respect to the products and services dispensed to Client's plan participants. Client authorizes Caremark or its affiliates to contract with pharmaceutical companies for Rebates as a group purchasing organization for the plan. Caremark or its affiliates may hold contracts with pharmaceutical companies relating to products covered under the agreement. In connection with such contracts, Caremark or its affiliates may have a financial relationship with such pharmaceutical companies and may receive and retain fees or other compensation from pharmaceutical companies for services rendered and property provided to pharmaceutical companies, including, without limitation, administrative fees not exceeding three (3) percent of the AWP of the products dispensed across Caremark's book of business. In addition, Caremark or its affiliates may receive discounts or rebates from pharmaceutical companies which are attributable to or based on products purchased by Caremark affiliated dispensing pharmacies. The fees, compensation, discounts and rebates described in this paragraph belong exclusively to Caremark or its affiliates. Reservation of Rights a) Caremark reserves the right to modify or amend the financial provisions in this document in the event of: • A change in the scope of services to be performed by Caremark or the assumptions upon which the financial provisions included in this document are based and/or any government imposed or industry wide change that would impede Caremark's ability to provide the pricing described in this document, including any prohibition or restriction on Caremark's ability to receive rebates from pharmaceutical manufacturers; • A change in Client alignment with Caremark's PDL; • Implementation or addition of a high deductible health plan/consumer-driven health plan option; • Implementation or addition of 100% member paid plan; • A greater than twenty percent (20%) change in the total number of plan participants from the number provided during pricing negotiations; or • A change in the coverage of Medicare eligible plan participants, irrespective of the resulting change in total number of plan participants, as defined above. b) In the event First DataBank, Medi-Span or other nationally available AWP reporting source discontinues the reporting of AWP or changes the manner in which AWP is calculated, then Caremark reserves the right to modify the pricing terms of this document, to be effective as of the date of such discontinuation or change, so as to maintain the parties' relative economic positions as existed immediately before the effective date of such discontinuation in reporting or change in the calculation of AWP, as measured across all products on an aggregate basis. Such modifications may include the utilization of alternate pricing benchmarks. Brazos County 2008 PID GPO/RxClaim v.1 Page 2 Proprietary & Confidential C 2007 Caremark t C~3 CARE { Pricing Implementation Document Brazos County "PharmaCare Management Services, L.L.C., a subsidiary of Caremark Rx, L.L.C. (hereinafter referred to as "Caremark"Y' Caremark and Client each certify that it shall not violate the federal anti-kickback statute, set forth at 42 U.S.C § 1320a-7b(b) ("Anti-Kickback Statute"), or the federal "Stark Law," set forth at 42 U.S.C § 1395nn ("Stark Law"), with respect to the performance of its obligations under this Agreement. Further, Caremark shall ensure that individuals meeting the definition of "Covered Persons" (as such term is defined in the Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and AdvancePCS) shall comply with Caremark's Compliance Program, including training related to the Anti-Kickback Statute and the Stark Law. In addition, Caremark's Code of Conduct and policies and procedures on the Anti-Kickback Statute and Stark Law may be accessed at http://www.caremark.com/wps/portal/-S. 155/3370?cros=CMS-2-007764." The pricing and terms within this document supersede and amend the PharmaCare Management Services Agreement ("PMSA") between Caremark and Client and any terms of the PMSA in conflict with the terms herein are hereby rendered null and void. If Client does not sign an Amended and Restated Prescription Benefit Services Agreement by the effective date, then all the standard terms and conditions in Caremark's template Amended and Restated Prescription Benefit Services Agreement will apply, except as may be modified by this document. Agreed to by Brazos County: Z SignatUre of thorized Representative .17) . Title / Cb u 2&=T / ~ Print Name Date Agreed to by CaremarkPCS Health, L.P. By its general partner CaremarkPCS Health Systems, LLC C7. f Print Name Date AEG I Brazos County 2008 PID GPO/RxClaim v.1 Page 3 Proprietary & Confidential © 2007 Caremark iii 64 AREMA.IXK0 Pricing Implementation Document Y" '7~rtz with caty Brazos County "PharmaCare Management Services, L.L.C., a subsidiary of Caremark Rx, L.L.C. (hereinafter referred to as "Caremark")" SPECIALTY FEE SCHEDULE Drug Names AWP Discount - Exclusive HEMOPHILIA, VON WILLEBRAND DISEASE, & RELATED BLEEDING DISORDERS Advate 28.00% AI hanate 20.00% AI hanine SD 20.00% Bebulin VH 20.00% Benefix 5.00% Feiba VH Immuno 36.00% Helixate FS 20.00% Hemofil M 36.00% Humate-P 20.00% H ate:C 20.00% Koate-DVI 20.00% Ko enate FS 20.00% Monarc M 20.00% Monoclate P 20.00% Mononine 20.00% NovoSeven 20.00% Profilnine SD 20.00% Pro lex T 20.00% Recombinate 34.00% Refacto 20.00% Stimate 16.50% IMMUNE DEFICIENCIES & RELATED DISORDERS W immune globulins Ba am 20.00% Carimune 20.00% Carimune NF 20.00% C o am 20.00% Flebo amma 20.00% Gamastan S/D 20.00% Gamma and Liquid 20.00% Gamma and S/D 20.00% Gammar-P I.V. 20.00% Gamunex 20.00% Ivee am EN 20.00% Octa am 20.00% Pan globulin 20.00% Pan globulin NF 20.00% Pol am S/D 20.00% Veno lobulin-S 20.00% Brazos County 2008 PID GPO/RxClaim v.1 Page 4 Proprietary & Confidential r8'3nr7 r..e.. A, AREMA9 Pricing Implementation Document 1[L _,e qt-,, tL M- are Brazos County "PharmaCare Management Services, L.L.C., a subsidiary of Caremark Rx, L.L.C. (hereinafter referred to as "Caremark")" Viva lobin 20.00% WinRho SDF 20.00% GROWTH HORMONE & RELATED DISORDERS Growth Hormone Genotro in 17.00% Genotro in Mini quick 17.00% Humatro a 17.00% Norditro in 17.00% Norditro in Nordiflex 17.00% Nutro in 17.00% Nutro in AQ 17.00% Nutro in AQ Pen 17.00% Omnitro a 17.00% Saizen 17.00% Saizen Click.Eas 17.00% Tev-Tro in 17.00% Zorbtive 17.00% HEPATITIS C Co a us 16.50% Infer en 16.50% Pe ass 16.50% Pe -Intron 16.50% Pe -Intron Redi en 16.50% Rebetol 16.50% Rebetron 16.50% Ribavirin MAC MULTIPLE SCLEROSIS Avonex 16.50% Betaseron 16.50% Copaxone 16.50% Mitoxantrone 16.50% Novantrone 16.50% Rebif 16.50% T sabri 16.50% OSTEOARTHRITIS Euflexxa 16.50% H al an 16.50% Orthovisc 16.50% Su artz 16.50% S nvisc 16.50% OSTEOPOROSIS Forteo 16.50% RHEUMATOID ARTHRITIS Enbrel 16.50% Humira 16.50% Kineret 16.50% Brazos County 2008 PID GPO/RxClaim V.1 Page 5 Proprietary & Confidential © 2007 Caremark m AREM `7 Pricing Implementation Document `r`'''`S``'_`'~ Brazos County "PharmaCare Management Services, L.L.C., a subsidiary of Caremark Rx, L.L.C. (hereinafter referred to as "Caremark")" 16.50% de k 16.50% is 16.50% ALLERGIC ASTHMA Xolair 16.50% HEMATOPOETICS Aranesp 16.50% E o en 16.50% Leukine 16.50% Neulasta 16.50% Neume a 16.50% Neu o en 16.50% Procrit 16.50% HIV MEDICATIONS Fuzeon 16.50% Serostim 16.50% HORMONAL THERAPIES Eligard 16.50% Leuprolide MAC Lupron 16.50% Lupron Depot 16.50% Lupron Depot-Ped 16.50% Supprelin LA 16.50% Trelstar Depot 16.50% Trelstar LA 16.50% Vantas 16.50% Viadur 16.50% Zoladex 16.50% INFERTILITY Bravelle 16.50% Cetrotide 16.50% Chorionic Gonadotro in MAC Follistim AQ 16.50% Ganirelix Acetate 16.50% Gonal-F 16.50% Gonal-F RFF 16.50% Luveris 16.50% Meno ur 16.50% Novarel 16.50% Ovidrel 16.50% Pre n I 16.50% Profasi HP 16.50% Re ronex 16.50% LYSOSOMAL STORAGE DISEASES Aldurazyme with per diem*** 16.50% Brazos County 2008 PID GPO/RxClaim v.1 Page 6 Proprietary & Confidential © 2007 Caremark ri ~ C~7 CAREMAIK® Pricing Implementation Document %f GI! C?YZt7S ZClLZ~7 Ca n-1 Brazos County "PharmaCare Management Services, L.L.C., a subsidiary of Caremark Rx, L.L.C. (hereinafter referred to as "Caremark")" Cerez me with per diem*** 16.50% Ela rase with per diem*** 16.50% Fabraz me with per diem*** 16.50% M oz me with per diem*** 16.50% Na laz me with per diem*** 16.50% MACULAR DEGENERATION Lucentis 16.50% Macugen 16.50% Visudyne 16.50% ONCOLOGY-ORAL Gleevec 16.50% Nexavar 16.50% Revlimid 16.50% S cel 16.50% Sutent 16.50% Tarceva 16.50% Temodar 16.50% Thalomid 16.50% T kerb 16.50% Xeloda 16.50% Zolinza 16.50% ONCOLOGY - INJECTABLE Alferon N 16.50% Avastin 16.50% Daco en 16.50% Herce tin 16.50% Intron A 16.50% Proleukin 16.50% Rituxan 16.50% Roferon-A 16.50% Torisel 16.50% Vectibix 16.50% Velcade 16.50% Vidaza 16.50% PSORIASIS Amevive 16.50% Ra tiva 16.50% PULMONARY DISEASE Aralast with per diem*** 5.00% Pulmoz me 16.50% TOBI 16.50% PULMONARY ARTERIAL HYPERTENSION Letairis 16.50% Remodulin with per diem* 0.00% Revatio 16.50% Tracleer 16.50% Brazos County 2008 PID GPO/RxClaim v.1 Page 7 Proprietary & Confidential © 2007 Caremark 11~ 69 AREMAI K Pricing Implementation Document C7'-0` Brazos County "PharmaCare Management Services, L.L.C., a subsidiary of Caremark Rx, L.L.C. (hereinafter referred to as "Caremark")" Ventavis with per diem** 16.50% RENAL DISEASE Sensi ar 16.50% ADDITIONAL PRODUCTS Actimmune 16.50% Botox 16.50% Increlex 16.50% M obloc 16.50% Octreotide 30.00% Sandostatin 16.50% Sandostatin LAR 16.50% Somavert 16.50% Th ro en 16.50% Tikos n 16.50% Vivitrol 16.50% DEFAULT RATE 16.50% Brazos County 2008 PID GPO/RxClaim V.1 Page 8 Proprietary & Confidential © 2007 Caremark ll~ 0 AREM Pricing Implementation Document !rafisnart wirbC'72'n" Brazos County "PharmaCare Management Services, L.L.C., a subsidiary of Caremark Rx, L.L.C. (hereinafter referred to as "Caremark")" NOTES: AVERAGE WHOLESALE PRICE: Average Wholesale Price is based on Medi-Span, except as otherwise noted. Changes in AWP will affect a change in pricing. Any new specialty medication in an existing therapeutic class (i.e., growth hormone) will be included at the therapy- level rate for a specialty drug within that same therapeutic class. Any existing products or newly FDA-approved products that do not fall into an existing therapeutic class will be billed and reimbursed at Medi-Span or First Data Bank AWP-16.5%. Notwithstanding anything to the contrary, from the date Client requests a specialty drug which is not set forth in this fee schedule or included in an existing therapeutic class, either party reserves the right to adjust the pricing upon sixty (60) days written notice. The rates for specialty medications may vary if filled by a pharmacy other than one owned or operated by Caremark or Theracom. "Average Wholesale Price" or "AWP" means the "average wholesale price" for a standard package size of a prescription drug from the most current pricing information provided to Caremark by a nationally available reporting service, such as Medi-Span or First Data Bank®. Should the reporting source for determining AWP not continue to support AWP or change the methodology by which AWP is calculated or reported, or in the event of a government imposed or industry-wide change that alters the economics of the agreement, the parties agree to modify the pricing terms in order to preserve the parties' respective economic positions under this Agreement such that the net price of a product is the same as before such change occurred. In such event, the parties agree to adhere to the published AWP of the day prior to the change until the parties have negotiated otherwise. PER DIEMS: * Remodulin: $60 per day " Ventavis: Per diem varies depending upon supplies provided. Unless otherwise stated above: $75 per dose Nursing Charges: $150.00 per visit up to 2 hours, $75.00 for each hour thereafter. Alternatively, Caremark can refer any medically necessary nursing services to the Client's contracted nursing agency, in which case nursing services will be billed separately by those agencies. In further consideration of the fees and charges to be paid to Caremark under this Agreement, Caremark will bill any applicable per diems to the plan participant's medical benefit. In the event it is not possible to bill such per diems to the plan participant's medical benefit or it is determined there is no coverage for such drugs, Caremark shall bill Client directly for any per diem associated with specialty drugs. PRODUCT SHORTAGE: In the event of an industry-wide product shortage, Caremark reserves the right to renegotiate pricing. Brazos County 2008 PID GPO/RxClaim v.1 Page 9 Proprietary & Confidential © 2007 Caremark I 70