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BRAZOS COUNTY -.ca_l yy^'~`~j
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 2S AUGUST 2009 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 Wassermann.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 - 21:
3. Budget Amendment 08/09 - 47.1 thin 47.6.
4. Request from the Pct. 2.2 Justice of the Peace for the following position
reclassifications, effective 8/31/09:
a. Clerk I, Class 0602 from Group 10, Step 2 budgeted for 2088 hours changed to
part-time with 1044 hours at Group 10, Step 2;
b. Court Coordinator, Class 0610, Group 14, Step 12 changed to Group 14, Step
15;
c. Clerk III, Class 0614, Group 12, Step 10 changed to Group 12, Step 13.
5. Personnel Change of Status.
6. Payment of Claims.
7. Permission to award Bid 2009-44, Construction of Two Lane Bridges, to Wakefield
Bridge (previously tabled).
Office of the County Judge 200 South Texas Ave. Suite 332 Bryan, Texas 77803 Fax: (979) 361-4503
vOl_Q4 PAGE 131
Commissioners Court Agenda
25 August 2009
Page 2
8. Establish the date and time for a Public Hearing on the Proposed Budget for Fiscal Year
2010.
9. Proposal to Increase Tax Revenues.
10. Establish the dates and times for two Public Hearings for a Tax Increase.
11. Resolution 09-013 authorizing the submission of a grant request to the Criminal Justice
Division of the Governor's Office for funding the Brazos County Special Investigation
Unit (BCSIU) for Fiscal Year 2010.
12. Proposal to renew the current Brazos County Indigent Care Affiliation Agreement with
St. Joseph Regional Health Center; term of agreement is 9/01/09 to 8/31/2010.
13. Contract for Juvenile Residential Services with Duval County; term of agreement is
9/01/2009 through 8/31/2010.
14. Contract with Liberty Tire Recycling for tire and scrap rubber disposal services; term of
agreement is 10/1612009 to 10/16/2010.
15. Request from the County Attorney for the following salary adjustments, effective
immediately:
a. Civil Attorney (Class 0508, Group 36, Step 2, Position 2), which is currently
vacant and budgeted at $87,570.72, increased to $90,570.92;
b. First Assistant County Attorney (Class 0503), which is currently budgeted at
$90,534.34, decreased to $ 87,570.72.
16. Tax Refund Applications for the following:
a. BAC Tax Services Corp.
b. Coastal Title Company
c. Leola Todd Davis
d. Tammy M. Way
17. Addition of Section 4.02.7, Supplemental Pay for Certified Interpreters, to the Brazos
County Employee Manual.
18. Permission to advertise the following bids:
a. Bid 2009-50, Oil Changes for Brazos County;
b. Bid 2009-51, Janitorial Supplies for Brazos County;
c. Bid 2009-52, Cleaning Supplies for the Jail;
d. Bid 2009-053, Uniforms for the Sheriff's Department.
19. Request for permission to enter Sara Jennings' property located off Jack Creek Road to
repair erosion (place rip rap) at the end of a roadway culvert for the health, safety and
welfare of the general public. Site is located in Precinct 2.
Nab+'.;C ~3a
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Commissioners Court Agenda
25 August 2009
Page 3
20. Special Warranty Deeds from the following for improvements to Straub Road located
in Precinct 1:
a. Mark A. & Hyo Joung Beal d. Robert L. & Mary F. Beal
b. Garry D. & Charlotte A. Potter e. Cade Martin & Tammy Martin
c. Daniel R. & Elaine P. Renter f Michelle L. Wileman
21. Payment Authorization in the amount of $795.00 to Eddie Hare for inspection and
registration services of accessibility for the expansion of the Brazos County Exposition
Center.
22. Announcement of interest items and possible future agenda topics.
23. Call for citizen input and/or concerns.
24. Agency / Board / Committee reports by Court members.
25. Adjourn
,.ay 133
Commissioners Court Agenda
25 August 2009
Page 4
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all m:.tters, both on and off the agenda, and be limited to
four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make
comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners
Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section I and Section
18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the
power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly,
members of the public in attendance at any Regular, Special and/or Emergency meeting of the Court shall conduct
themselves with proper respect and decomm in speaking to, and/or addressing the Court; in participating in public
discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are
inappropriately attired and/or who do not conduct themselves in an orderly and appropriate manner will be ordered to
leave the meeting. Refusal to abide by the Court's Order and/or continued disruption of the meeting may result in a
Contempt of Court Citation.
It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any
individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the
honesty and/or integrity of the Court, as a body, or any member or members of the Court, or County employees,
individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and/or
any person in the Court's presence and/or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of
these rules may result in the following sanctions:
I. cancelation of a speakers time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4, such other and/or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the Stzte of Texas.
The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly
posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published
agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court
However, responses from the County Judge or Commissioners to unlisted public comment topics could become
deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners
Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to
correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future
agenda. See Texas Open Meetings Act §551.042.
The County Administration Building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361-4102.
la~f 134
COMMISSIONERS' COURT
REGULAR MEETING
AUGUST 25, 2009
A regular meeting of the Commissioners' Court of Brazos
County, Texas was held in the Brazos County Commissioners
Courtroom in the Administration Building, 200 South Texas
Avenue, in Bryan, Brazos County, Texas, beginning at 9:00 a.m.
on Tuesday, August 25, 2009 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, Absent;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4, Absent;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Wassermann gave the invocation and then led
the pledge of allegiance.
There was no citizen input/and or concerns.
The Court next considered Budget Amendment #08/09-47.1
through 47.6 that would reallocate funds for Juvenile Academy,
Brazos Center (2), Constable, Precinct 1, Justice of the
Peace, Precinct 2, Place 1; and transfer funds from
Contingency to Commissioners Court. On motion by Commissioner
Vol P q q Page 13 5
Commissioners Court meeting August 25, 2009 2
Wassermann, seconded by Commissioner Mallard, the Court voted
unanimously to approve the budget amendment as submitted. A
copy each amendment is attached.
The Court next considered a request for reclassification
from Justice of the Peace, Precinct 2, Place 2. Judge Munoz
ask for the following reclassifications:
a. Clerk 1, Class 0602 from Group 10, Step 2
budgeted for 2088 hours changed to part time
with 1044 hours at Group 10, Step 2;
b. Court Coordinator, Class 0610, Group 14, Step
12 changed to Group 14, Step 15;
C. Clerk III, Class 0614, Group 12, Step 10
changed to Group 12, Step 13.
On motion by Commissioner Mallard, seconded by the County
Judge, the Court voted unanimously to approve the request for
reclassifications.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by the County Judge, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7065330 through 7065567
Vol I Page f 3~
Commissioners Court meeting August 25, 2009 3
On motion by Commissioner mallard, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the Claims
as submitted.
The next matter before the Court was consideration of Bid
#2009-44, Construction of Two Lane Bridges. Charles Wendt,
Assistant Purchasing Agent, recommended acceptance of the bid
submitted by Wakefield Bridge. Although not the low bidder,
the bid submitted by Wakefield Bridge complied with the bid
specifications. The bid submitted by Fuqua Construction which
was the low bidder did not comply. Mr. Wendt stated that he
would also like to accept the alternate that was omitted in
the back up, but included in the bid. On motion by
Commissioner Wassermann, seconded by Commissioner Mallard, the
Court voted unanimously to accept the recommendation of the
Assistant Purchasing Agent and award the bid to Wakefield
Bridge. A copy of the bid tabulation is attached.
The Court next considered establishing the date and time
for a Public Hearing on the Proposed Budget for Fiscal Year
2010. On motion by the County Judge, seconded by Commissioner
Mallard, the Court voted unanimously designate Wednesday,
September 9, 2009 at 9:00 a.m. as the date and time of the
Public Hearing on the proposed budge. It will be held in the
Vol 1 a 4 Page I Y7
Commissioners Court meeting August 25, 2009 4
Commissioners Courtroom in the Brazos County Administration
Building.
The next matter before the Court was consideration of a
proposal and motion by the County Judge to adopt a tax rate of
$0.48 cents per $100 dollars of value for the 2009 tax year as
an action item on the agenda for the Commissioners Court
meeting on Monday, September 21, 2009 at 9:00 a.m. This rate
exceeds the calculated effective tax rate by 2.094859 percent.
The motion was seconded by Commissioner Mallard and carried
unanimously.
The Court proceeded to set the date and time for two (2)
Public Hearings for a tax increase. On motion by the County
Judge, seconded by Commissioner Mallard, the Court voted
unanimously to designate Wednesday, September 9, 2009 at 10:00
a.m. and Monday, September 14, 2009 at 9:00 a.m. as the dates
and times of the two (2) Public Hearings for a tax increase.
The next matter before the Court was consideration of
Resolution 09-013 authorizing the submission of a grant
request to the Criminal Justice Division of the Governor's
Office for funding the Brazos County Special Investigation
Unit (BCSIU) for Fiscal Year 2010. On motion by Commissioner
Wassermann, seconded by Commissioner Mallard, the Court voted
unanimously to adopt Resolution 409-013 approving submission
Vol l a q Page ! b
Commissioners Court meeting August 25, 2009 5
of the grant application to the office of the Governor,
Criminal Justice Division and authorized the County Judge to
apply for, accept, reject, alter or terminate the grant. A
copy of the Resolution is attached.
The Court next considered a proposal to renew the current
Brazos County Indigent Care Affiliation Agreement with St.
Joseph Regional Health Center. The County will work with
Affiliated Hospital to satisfy the legal and administrative
requirements for participation in the Medicaid supplemental
program authorized under Medicaid State Plan. There is no
agreement between the County and the Affiliated Hospital that
authorizes any amounts transferred between the two entities to
fund Medicaid payments or the amount of Medicaid supplemental
payments received. On motion by Commissioner Mallard,
seconded by the County Judge, the Court voted unanimously to
renew the current Affiliation Agreement. A copy is attached.
The next matter before the Court was consideration of a
contract for Residential Services between Brazos County
Juvenile Services and Duval County. The cost to Brazos County
is as follows:
Boot Camp/Behavior Modification $95 per day/client
Sexual Offender Program $127 per day/client
Residential Drug Treatment $127 per day/client
Intense Treatment $225 per day/client
Vol 1)-tl Page i 9
Commissioners Court meeting August 25, 2009 6
The term of the contract begins September 1, 2009 and ends
August 31, 2010. On motion by the County Judge, seconded by
Commissioner Wassermann, the Court voted unanimously to enter
into contract with Duval County for juvenile residential
services and authorized the County Judge to execute the
document. A copy is attached.
The next matter before the Court was consideration of the
renewal of the Annual Contract for Tire Disposal Service.
Amanda Rutledge, Buyer, recommended renewal of the Annual
contract for tire disposal service with Liberty Tire
Recycling. On motion by Commissioner Wassermann, seconded by
Commissioner Mallard, the Court voted unanimously to accept
the recommendation of the Buyer and renew the contract with
Liberty Tire Recycling. A copy is attached.
The Court next considered a request from the County
Attorney for the following salary adjustments:
a. Civil Attorney, Class 0508, Group 36, Step 2, Position
2, which is currently vacant and budgeted at
$87,570.72 be increased to $90,534.34.
b. First Assistant County attorney, Class 0503, which is
currently budgeted at $90,534.34, be decreased to
$87,570.72.
On motion by Commissioner Mallard, seconded by the County
Judge, the Court voted unanimously to approve item "a". On
motion by Commissioner Mallard, seconded by Commissioner
Vol 13 q Page o
Commissioners Court meeting August 25, 2009 7
Wassermann, the Court voted unanimously to approve item "b".
These changes are to be effective immediately.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. BAC Tax Services Corp., over payment $7,384.40
b. Coastal Title Company, over payment $20.00
c. Leola Todd Davis, over payment $243.27
d. Tammy M & Nelson L. Way, over payment $207.55
On motion by Commissioner Wassermann, seconded by Commissioner
Mallard, the Court voted unanimously to approve the tax refund
applications.
The Court next considered the addition of Section 4.02.7,
Supplemental Pay for Certified Interpreters, to the Brazos
County Employee Manual. On motion by Commissioner Wassermann,
seconded by Commissioner Mallard, the Court voted unanimously
to approve the addition of Section 4.02.7, Supplemental Pay
for Certified Interpreters to the Brazos County Employee
Manual. A copy is attached.
The next matter for consideration was approval for the
Purchasing Agent to advertise the following bids:
a. Bid 2009-50, Oil Changes for Brazos County
b. Bid 2009-51, Janitorial Supplies for Brazos County
c. Bid 2009-52, Cleaning Supplies for the Jail
d. Bid 2009-53, Uniforms for the Sheriff's Department
Vol i Page 1,41
Commissioners Court meeting August 25, 2009 8
On motion by Commissioner Mallard, seconded by the County
Judge, the Court voted unanimously to authorize the Purchasing
Agent to advertise for the above noted bids.
The Court next considered authorizing work outside of
county rights-of-way for the health, safety and welfare of the
general public. The Road and Bridge Department requested
permission to enter the private property of Sara Jennings on
Jack Creek Road in Precinct 2 to repair erosion at the end of
a roadway culvert. On motion by Commissioner Wassermann,
seconded by Commissioner Mallard, the Court voted unanimously
to authorize the work.
The Court next considered acceptance of Special Warranty
Deeds for right-of-way on Straub Road in Precinct 1 from the
following property owners:
a. Mark A. & Hyo Joung Beal
b. Gary D. & Charlotte A. Potter
c. Daniel R. & Elaine P. Renter
d. Robert L. & Mary F. Beal
e. Cade Martin & Tammy Martin
f. Michelle L. Wileman
on motion by Commissioner Wassermann, seconded by Commissioner
Mallard, the Court voted unanimously to authorize the County
Judge to accept on behalf of Brazos County Special Warranty
Deeds from the above referenced property owners for the
expansion and improvements to Straub Road.
Vol l 4 Page 1
Commissioners Court meeting August 25, 2009 9
The next matter before the Court was consideration of a
payment authorization to Eddie Hare in the amount of $795.00
for the inspection and registration services of accessibility
for the expansion of the Brazos County Exposition Center. On
motion by Commissioner Mallard, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the payment
authorization.
Under citizen input and/or concerns, the following
spoke:
County Judge
a) Said that the citizens of Brazos County have
an opportunity to talk to Congressman Chet
Edwards tomorrow evening at 6:00 p.m. at the
Brazos Center.
The County Judge's secretary asked that the Court
reconsider item 10 to make sure that both Public Hearings on
the tax increase were addressed. On motion by the County
Judge, seconded by Commissioner Mallard, the Court voted
unanimously to set the dates and times of both Public Hearings
for the proposed tax increase.
Under citizen input and/or concerns the following spoke:
Clyde Collins, Chief Deputy
a. There are 498 inmates in jail, 59 are
housed out of the county, 47 are on
electronic monitoring and 44 are pending
monitoring.
Vol I Page I Lk
Commissioners Court meeting August 25, 2009 to
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 I j ~ Page 14- ~
The foregoing minutes of the Commissioners Court meeting held
August 25, 2009 have been examined and are approved in open
Court this the day of ~p 2009, in Bryan,
Brazos C unty, xas.
7i~lJG~ LU-L r.K a!-1
Randy Sim Lloyd Wassermann
County dge Commissioner, Precinct 1
Duane Peters Kenny-Mallard
Commissioner, Precinct 2 Commissioner, recinct 3
I a Cau
Commissioner ` recinct 4
Attest:
K en McQueen
County Clerk
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Vol ]'~-11 Page 1 ~(S
BRAZOS COUNTY COMMISSIONERS COURT
Meeting on 04z ow . , 2009 @ o / ' 03 q .
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PAGE of
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 - 47.1 thru 47.6
On this the 251' day of August 2009 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct I
E. Duane Peters, Commissioner, Precinct 2
G. Kenny Mallard, Commissioner, Precinct 3
Irma Cauley, Commissioner, Precinct 4
Karen McQueen, County Clerk
The following proceedings were held:
THAT WHEREAS, on 25 August 2009 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 budget are hereby authorized, as described on the attached page(s).
ADOPTED AND APPROVED this the 251" day of August 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Ran 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
1~~1 ~.,"E f `70
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 47.1
8/25/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11000100 53310000 DR Retiree Health Insurance 98,000.00
0100 11001500 61130000 CR Contingency 98,000.00
Commissioner's Court
To move funds from Contin enc for retiree health insurance. The County current/ has 82 retirees on coon funded
health insurance.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 47.2
8125/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 31000300 60500000 DR Office E ui ment 1,600.00
0100 31000300 72157000 CR Counseling Services 4,300.00
0100 31000300 61620000 DR Subscriptions and Publications 2,700.00
Juvenile Academy
To move funds to allow for the urcbase of monitors to be used with reclaimed computers from the IT e pt for Academ
school pro ams and to move funds to allow for the mchase of earl licenses for Odes are curriculum. 016 OMAN, ~C , 3d04~
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 47.3
8/25/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 36500100 67286000 DR Equipment Other 719.50
0100 36500100 65400000 CR Grounds Maitenance 719.50
Brazos Center
To move funds to allow for the purchase of a weed eater and a cutting torch.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 47.4
8/25/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 36500100 60500000 DR Office Equipment 198.00
0100 36500100 67050000 CR Appliances 198.00
Brazos Center
To move funds to allow for the purchase of a freezer less than $250.00
r"a te..cd.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 47.5
8/25/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 30101100 65950000 DR Vehicle Maintenance 2,000.00
0100 30101100 67286000 DR Equipment Other 594.00
0100 30101100 61750000 CR Telephone - Cellular 1,000.00
0100 30101100 71119000 CR Janitorial Services 1,594.00
Constable Pct. 1
To move funds to vehicle maintenance and for charges for the ticket writer.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 47.6
8/25/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 24201100 60600000 DR Office Supplies 81.84
0100 24201100 67050000 DR Minor Appliances 81.84
Justice of the Peace Pct 2-1
To move funds to meet the needs of the office for the remainder of the fiscal year.
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PERSONNEL
CHANGE OF STATUS REQUESTS
Commissioner Court Date: August 25, 2009
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
County Judge Guazzo, Gabriela Transfer to Another
Department
District Clerk Collections Moctezuma, Aracely Resignation
Justice of the Peace 2.2 Kopetsky, Holly Budget Change
Palomares, Teresa Budget Change
Juvenile Services -Title ME Sodolak, Stacey Transfer to Another
Department
Juvenile Services - Academy Gonzales, Liza Transfer Win Dept.
Road and Bridge Hammond, Anthony Transfer Win Dept.
Buchanan, Larry Transfer Win Dept.
Approved in Commissioners' Court: August 25, 2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
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BRAZOS COUNTY
BRYAN. TEXAS
BRAZOS COUNTY
RESOLUTION
A RESOLUTION BY THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS
AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE CRIMINAL JUSTICE
DIVISION OF THE GOVERNOR'S OFFICE FOR FUNDING A BRAZOS COUNTY, TEXAS
PROGRAM KNOWN AS THE "BRAZOS COUNTY SPECIAL INVESTIGATION UNIT
(BCSIU)."
WHEREAS, the Commissioners Court of Brazos County, Texas has the moral obligation to the
citizens and taxpayers of Brazos County to ensure that the criminal justice system operates in the most
efficient and coordinated manner possible; and
WHEREAS, the Commissioners Court feels that the creation of the Brazos County Special
Investigation Unit (BCSIIJ) will materially enhance the administration of justice in Brazos County,
Texas; and
WHEREAS, the opportunity exists to fund vital parts of this program through the Office of the
Governor of the State of Texas, Criminal Justice Division; and
WHEREAS, the Commissioners Court agrees that in the event of a loss or misuse of the
Criminal Justice Division funds, the Brazos County Commissioners Court assures that the funds will be
returned to the Criminal Justice Division in full.
NOW, THEREFORE, BE IT RESOLVED by the Commissioners Court of Brazos County,
Texas, at its meeting on the 25th day of August, 2009 that:
1. The Commissioners Court approves submission of the grant application to the Office of the
Governor, Criminal Justice Division, for grant monies to fund the Brazos County Special
Investigation Unit (BCSIU) from 1 October 2009 through 30 September 2010.
2. The County Judge of Brazos County, acting on behalf of Brazos County, is authorized to
apply for, accept, reject, alter, or terminate the grant.
3. This resolution becomes effective upon its option.
ZLN D
Randy S' s, County Judge
Br os County, Texas
Commissioner Lloyd Wassermann Commissioner Duane Peters
Precinct 1 Precinct 2
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Commission I nny Mallaz Commissioner Irma Cauley
Prec t 3 Precinct 4
ATTEST:
L-- VOL 1;' PAG[ ► 57
'Karen McQueen, County Clerk Res.Wdou 09413
BRAZOS COUNTY INDIGENT CARE AFFILIATION AGREEMENT
This Indigent Care Affiliation Agreement (the "Agreement") is entered into as of
September 1, 2009 to be effective as of September 1, 2009 ("Effective Date"), by and
between Brazos County ("the County") and St. Joseph Regional Health Center (the
"Affiliated Hospital") whose address is listed at the end of this document.
RECITALS
A. The Affiliated Hospital and the County collectively provide a significant amount
of uncompensated care to the indigent annually in the communities they serve.
B. Reductions in Medicaid spending and a growing Medicaid and uninsured
population have created a gap between the costs Hospitals incur for treating
Medicaid and indigent patients and the reimbursement they actually receive.
C. The County and the Affiliated Hospital recognizes that the State will continue to
under-fund the Texas Medicaid Program, that the indigent numbers in Brazos
County will continue to grow, and that the burden for providing health care to
indigent patients will continue to shift to the Affiliated Hospital, the County, and
the local community.
D. The County and the Affiliated Hospital desire to ensure that the indigent have
access to and receive health care services.
E. The County and the Affiliated Hospital recognize that it is in their best interest to
increase funding for the Medicaid population and to access local and federal
funding to which Affiliated Hospital is entitled under Medicaid supplemental
payment principles pursuant to Medicaid State Plan Amendment TX-05-011.
F. The County and the Affiliated Hospital intend for this Agreement to satisfy the
legal and administrative requirements for participation in the Medicaid
supplemental program authorized under Medicaid State Plan Amendment TX-05-
011 including but not limited to 1 Tex. Admin. Code § 355.8063 (t)(4) and the
Prospective Conditions of Participation in the Texas Private Hospital Upper
Payment Limit Supplemental Reimbursement Program promulgated by the Texas
Health and Human Commission effective for all payments made after April 1,
2008, 42 USC § 1396(b)(w), 42 CFR § 433.52 and 433.54.
G. There is no agreement between the County and the Affiliated Hospital that
conditions any amounts transferred by the County to fund supplemental Medicaid
payments nor the amount of Medicaid supplemental payments received by the
7378090_11DOC ^r Sp
Affiliated Hospital on the amount of indigent care the Affiliated Hospital has
provided or will provide.
H. There is no agreement between the County and the Affiliated Hospital that
conditions the amount of the Affiliated Hospitals' indigent care obligation on the
amount transferred by the County to fund supplemental Medicaid payments or on
the amount of the supplemental payment the Affiliated Hospital might receive.
1. No escrow, trust, or other funding mechanism exists, the amount of which is
conditioned on or contingent on the amount of indigent care services provided or
to be provided by the Affiliated Hospital, and any escrow, trust, or other funding
mechanism used in connection with an anticipated intergovernmental transfer by
the County has been disclosed to the Texas Health and Human Services
Commission and is not used to effect a quid pro quo for the provision of indigent
care services by or on behalf of the Affiliated Hospital.
J. The County has not received and will not receive refunds of payments the County
has made or will make to the Affiliated Hospital for any purpose in consideration
for an intergovernmental transfer made by the County to fund supplemental
Medicaid payments.
In consideration of the promises and covenants contained in this Agreement, and for
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged and agreed, the parties agree as follows:
1.0 DEFINITIONS
1.1 "State Fiscal Year" means the twelve month period beginning September 1
and ending August 31.
1.2 "Health Care Services" means primary and preventive services designed to
meet the needs of the community, including, without limitation:
immunizations; medical screening services and annual physical
examinations; inpatient and outpatient hospital services; rural health clinics;
laboratory and x-ray services; family planning services; physician services;
payment for prescription drugs; skilled nursing facility services, regardless
of a person's age; and services that meet the County's criteria for indigent
care provided under Sections 61.028 and 61.0285 of Chapter 61 of the
Texas Health and Safety Code.
1.3 "Indigent" means any person eligible to participate in a state Medicaid
program, Children's Health Insurance Program ("CHIP"), a county indigent
care program or Hospital County indigent care program as described in
Chapter 61 of the Texas Health and Safety Code, or a hospital charity care
program.
1.4 "Indigent Care" means treatment and services for the indigent, including
inpatient and outpatient hospital and medical professional services.
1 C_-
7378090_2.DOC ~rJ i y` F u L
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2.0 COMMUNITY INDIGENT HEALTH CARE ASSESSMENT
2.1 Methodology. The Affiliated Hospital shall collaborate with the County to
develop a process that solicits participation from the community and other
sources for assessing overall health care needs of the County and the
specific unmet needs and needs of the uninsured, medically disadvantaged
and the indigent population in Brazos County and for identifying options to
increase access to health care in the most cost efficient environment. The
process shall address at a minimum the following issues:
a. The volume and demographic make-up of the County Indigent
population;
b. Expenses incurred by the Affiliated Hospital and the County in providing
care for the indigent and the uninsured;
c. Community, state, and federal resources and assets available for the
provision of Indigent health care and uninsured;
d. Gaps in Indigent Care;
e. Barriers to health care access by medically disadvantaged, uninsured and
Indigents patients;
f. Opportunities for improving access to health care for all patients as well
as Indigents.
2.2 Assessment. On at least an annual basis prior to the beginning of each state
fiscal year or within 90 days of the execution date of this agreement, if later,
the Affiliated Hospital shall collaborate with the County to develop an
Indigent Health Care Assessment that identifies existing health care services
that the Affiliated Hospital, the County, and others in the community have
provided and gaps in available services.
2.3 Service Organization. The Affiliated Hospital shall consider creation of a
Service Organization, a non-profit corporation organized to facilitate health
care access and provide health care related services in the region and
surrounding communities.
3.0 REPRESENTATIONS
3.1 Affiliated Hospital Representation. The Affiliated Hospital represents and
warrants the following:
a. Affiliated Hospital is a Texas not-for-profit corporation, duly established
and created pursuant to applicable law with all requisite power and
authority to enter into this Agreement.
7378090_2.DOC
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b. The execution, delivery, and performance of this Agreement by the
Affiliated Hospital are within the Affiliated Hospital' powers, are not in
contravention of any other instruments governing the Affiliated Hospital,
and have been duly authorized and approved by its governance as and to
the extent required by applicable law.
c. Neither the Affiliated Hospital, nor any of its representatives are (i)
currently excluded, debarred, or otherwise ineligible to participate in the
federal health care programs as defined in 42 U.S.C. Section 1320a-7b(f)
(the "federal health care programs"); (ii) convicted of a criminal offense
related to the provision of health care items or services but not yet
excluded, debarred, or otherwise declared ineligible to participate in the
federal health care programs; or (iii) under investigation or otherwise
aware of any circumstance which may result in the exclusion of the
Affiliated Hospital or any of its representatives from participating in
federal health care programs.
I This Agreement has been duly and validly executed and delivered by the
Affiliated Hospital or its authorized agent and constitutes the valid, legal,
and binding obligation of the Affiliated Hospital, enforceable against the
Affiliated Hospital in accordance with its terms.
3.2 County Representations. The County represents and warrants the following:
a. It is a political subdivision of the State of Texas, duly established and
created pursuant to the Texas Constitution with all requisite power and
authority to enter into this Agreement.
b. The execution, delivery, and performance by the County of this
Agreement are within the County's powers, are not in contravention of
any other instruments governing the County, and have been duly
authorized and approved by the Board of Directors of the County as and to
the extent required by applicable law.
c. The County receives ad valorem tax revenues and other tax revenues.
I Neither the County nor any of its representatives are (i) currently
excluded, debarred, or otherwise ineligible to participate in the federal
health care programs as defined in 42 U.S.C. Section 1320a-7b(f) (the
"federal health care programs"); (ii) convicted of a criminal offense
related to the provision of health care items or services but not yet
excluded, debarred, or otherwise declared ineligible to participate in the
federal health care programs; or (iii) under investigation or otherwise
aware of any circumstances which may result in the exclusion of the
County or any of its representatives from participation in federal health
care programs.
7378090 2.DOC I
e. This Agreement has been duly and validly executed and delivered by the
County and constitutes the valid, legal, and binding obligation of the
County, enforceable against the County in accordance with its terms.
4.0 OBLIGATIONS OF AFFILIATED HOSPITAL
4.1 Agreement to Cooperate. The Affiliated Hospital agrees to work
cooperatively with the County to improve access, availability, efficiency,
delivery, and funding for health care services provided to Indigent patients in
the County.
4.2 Compliance with State and Federal Law. The Affiliated Hospital agrees to
ensure that Health Care Services provided under this Agreement are provided in
compliance with applicable state and federal laws.
43 Documentation of Health Care Services Provided. The Affiliated Hospital
agrees to provide to the County on a periodic basis, no more frequently than
quarterly, documentation of the amounts and types of healthcare services it has
directly or indirectly provided in the community.
4.4 Development of Community Indigent Care Assessment. The Affiliated
Hospital shall participate in the development of the Community Indigent Health
Care Assessment and provide any required support for that purpose.
4.5 Compliance with HIPAA and Access to Records. To the extent applicable to
this Agreement, the Affiliated Hospital agrees to comply with the Health
Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C.
Section 1320d et seq. ("HIPAA") and any current and future regulations
promulgated thereunder, including, without limitation, the federal privacy
regulations contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy
Regulations"), the federal security standards contained in 45 C.F.R. Parts 160,
162, and 164 (the "Federal Security Regulations"), and the federal standards for
electronic transactions contained in 45 C.F.R. Parts 160 and 162 (the "Federal
Electronic Transaction Regulations"), all as amended from time to time and all
collectively referred to herein as "HIPAA Requirements." The Affiliated
Hospital agree not to use or further disclose any Protected Health Information
(as defined in the Federal Privacy Regulations) or EPHI (as defined in the
Federal Security Regulations), other than as permitted by HIPAA Requirements
and the terms of this Agreement. In addition, the Affiliated Hospital agrees to
comply with any state laws and regulations that govern or pertain to the
corXiidentiality, privacy, security of, and to electronic transactions pertaining to,
health care information.
As and to the extent required by law, upon the written request of the Secretary
of Health and Human Services, the Comptroller General, or any of their duly
authorized representative, the Affiliated Hospital shall make available those
7378090_2.DOC
contracts, books, documents, and records necessary to verify the nature and
extent of the costs of providing services under this Agreement. Such inspection
shall be available for up to four (4) years after the rendering of such services.
4.6 Support for Increased Medicaid Funding. The Affiliated Hospital agrees to
work collaboratively with the County to expand opportunities for Medicaid
funding to which the community is entitled.
5.0 OBLIGATIONS OF THE COUNTY
5.1 Agreement to Cooperate. The County agrees to work cooperatively with the
Affiliated Hospital to improve access, availability, efficiency, delivery, and
funding for health care services provided to indigent patients in the local
community.
5.2 Funding Non-Federal Share of Private Hospital Medicaid UPL. If the
County independently chooses to make an "intergovernmental transfer" for
purposes of helping to fund the Medicaid program, the County agrees that any
funds used for the intergovernmental transfer will be from sources permitted
by state and federal law and regulations and that the amount funded will not
be conditioned on provision of a required amount of indigent care services by
the Affiliated Hospital.
5.3 Development of Community Indigent Health Care Assessment. The
County shall participate in the development of the Community Indigent
Health Care Assessment.
5.4 Support for Increased Medicaid Funding. The County agrees to work
collaboratively with the Affiliated Hospital to expand opportunities for
Medicaid funding to which the community is entitled.
5.5 Compliance with HIPAA and Access to Records. To the extent applicable
to this Agreement, the County agrees to comply with the Health Insurance
Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section
1120d et seq. ("HIPAA") and any current and future regulations promulgated
thereunder, including, without limitation, the federal privacy regulations
contained in 45 C.F.R. Parts 160 and 164 (the "Federal Privacy Regulations"),
the federal security standards contained in 45 C.F.R. Parts 160, 162, and 164
(the "Federal Security Regulations"), and the federal standards for electronic
transactions contained in 45 C.F.R. Parts 160 and 162 (the "Federal Electronic
Transaction Regulations"), all as amended from time to time and all
collectively referred to herein as "HIPAA Requirements." The County agrees
not to use or further disclose any Protected Health Information (as defined in
the Federal Privacy Regulations) or EPHI (as defined in the Federal Security
Regulations), other than as permitted by HIPAA Requirements and the terms
of this Agreement. hl addition, the County agrees to comply with any state
7378090_2.DOC I^ ^ f a 4 ' ~3
U i Ip!
laws and regulations that govern or pertain to the confidentiality, privacy,
security of, and to electronic transactions pertaining to, health care
information.
As and to the extent required by law, upon the written request of the Secretary
of Health and Human Services, the Comptroller General, or any of their duly
authorized representative, the County shall make available those contracts,
books, documents, and records necessary to verify the nature and extent of the
costs of providing services under this Agreement. Such inspection shall be
available for up to four (4) years after the rendering of such services.
6.0 GENERAL PROVISIONS
6.1 Withdrawal. Any party may withdraw from this Agreement, without penalty
at anytime by providing at least fifteen (15) days prior written notice to the
other party.
6.2 Term and Termination. The terin of this Agreement shall be from its
effective date until August 31, 2010. The Agreement may be extended for
additional terms of one (1) year each with the consent of the parties to the
Agreement, provided at least forty-five (45) days prior to the expiration of the
then-current term.
6.3 Chanae in Law. If any provision of this Agreement or the plan to deliver
health care services pursuant to this Agreement is determined by the federal or
state government or by a court of law to be in violation of a federal or state law
or regulation, or there is a change in any state or federal law or regulation that
adversely affects this Agreement, then any party may propose by written
notice a new basis for continuation of the Agreement. If notice proposing a
new basis for continuation of the Agreement is given and the parties are, unable
to agree within thirty (30) days on a new basis for continuation of the
Agreement, any party may withdraw from the Agreement immediately upon
providing prior written notice to the other parties.
6.4 Notices. All notices to be given under this Agreement shall be in writing and
shall be personally delivered or may be given by overnight carrier, by e-mail,
or by United States mail, postage prepaid, registered or certified mail,
addressed to the parties as follows:
County: Randy Sims
County Judge
Brazos County
200 South Texas Avenue, Ste. 332
Bryan, Texas 77803
7378090_2.DOC
Affiliated Hospital: Anthony D. "Tony" Pfitzer
President and Chief Executive Officer
St. Joseph Regional Health Center
2801 Franciscan Drive
Bryan, Texas 77802
With a Copy to: Carlos Zaffrrini Jr.
Adelanto HealthCare Ventures, L.L.C.
1407 Washington St.
Laredo, Texas 78042
6.S Relationship Between the Parties. No party to this Agreement is an agent or
employee of any other party.
6.6 Governing Law. This Agreement shall be governed by the laws of the State
of Texas.
6.7 Assignment. No party may assign any right, obligation, or responsibility
without the written consent of the other parties under this Agreement except to
a successor in interest.
6.8 Third Party Beneficiaries. The parties to this Agreement do not intend to
establish any third party beneficiary relationship by virtue of this Agreement.
6.9 Articles and Other Headings. The division of this Agreement into articles
and sections, and the use of captions and headings in connection therewith, are
solely for convenience of reference, and shall have no legal effect in
construing the provisions of this Agreement or in governing the rights,
obligations, or liabilities of the parties hereto.
6.10 Effect of Agreement. This Agreement, any amendments hereto, and any
exhibits specifically mentioned herein supersede all prior or contemporaneous
discussions, representations, correspondence, memoranda and agreements,
whether oral or written, pertaining to the provision of Indigent Care by the
parties to indigent patients in Brazos County.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date(s) set forth below.
7378090_2.DOC r
' / C
County: Brazos Co Te
By:
Randy Si
Brazo ounty Judge
Attest:
B
Karen McQueen Q~-
Brazos County ClerkU
AFFILIATED HOSPITAL: St. Joseph Regional Health Center
By
Anthony D. "Tony" Pfitzer
President and Chief Executive Officer
By
Lisa McNair
Chief Financial Officer
St. Joseph Health System
7378090_2.DOC ' (ef
1i L
STATE OF TEXAS §
COUNTY OF DUVAL §
CONTRACT FOR RESIDENTIAL SERVICES
This agreement is made on the _2,`L4` day of S 2009, by
and between County of Duval, a political subdivision of the stat of Texas, and Brazos
County Juvenile Services, a political subdivision of the State of Texas, hereinafter
referred to as ("Contractor").
Whereas, Duval County operates the Judge Ricardo H. Garcia Regional Juvenile
Detention Facility ("Facility") and has contracted with other various probation
departments for the housing of juveniles; and
Whereas, the Detention Center has been duly inspected and certified as being
suitable for the detention of juveniles by the Duval County Juvenile Board.
Now, therefore, the parties agree as follows:
ARTICLE I
1.01 PURPOSE: The purpose of the Contract is to provide housing in the Detention
Facility for juveniles from the County of "Contractor" that have .been
adjudicated delinquent and placed on probation, and are court ordered as a
condition of probation to be placed in the Post-Adjudication Placement
Alternative Program.
1.02 The goals, outputs, and measurable outcomes directly related to program
objectives are:
GOALS: For young youths placed in the post-adjudication, long-term residential
program to successfully complete the program by gaining insight into why they
commit criminal acts and help them devise alternatives to this type of behavior.
OUTPUTS: Youths will learn how to express insight into the cause of their illegal/
antisocial behavior and into the self-destructive aspects of such behavior.
Juveniles will participate in all programs of the facility as well as educational
classes on a daily basis. Group and individual counseling will be utilized to help
the juvenile achieve and maintain a level three on the point/level system. Upon
successful completion of the program, the juvenile will be released being able to
verbalize their own plan for being responsible, law-abiding citizens.
MEASURABLE OUTCOMES: The program will reduce, if not eliminate, the actions
which lead to the juvenile committing criminal acts which harm others or which
destroy property.
1
ARTICLE II
2.01 TERM: The term of this contract is for a period commencing on the P day of
September 2009, and terminating on the 31,t day of August, 2010.
2.02 TERMINATION: This contract may be terminated without cause by either party
upon thirty (30) calendar day's written notice to the other party. This contract
may also be terminated immediately for cause if "Contractor" fails to provide
proper documentation or otherwise breaches the covenant and agreements
contained herein.
"Contractor" shall remove as promptly and safely as possible on or before the
termination date, all juveniles placed by "Contractor" in the "Facility." In no
event shall contractors be required to remove juveniles under less than 24 hours
notice.
ARTICLE III
3.01 FACILITY: Duval County agrees to provide those juveniles housed in the
Detention Facility, room, board, and 24-hour daily supervision, an approved
educational program, recreational facilities, and counseling. Such detention
space and service shall be provided by the Judge Ricardo H. Garcia Regional
Juvenile Detention Facility at the request of the "Contractor". Such space,
however, will be provided by the Judge Ricardo H. Garcia Regional Juvenile
Detention Facility to "Contractor" on a space available basis, (as determined by
the Judge Ricardo H. Garcia Regional Juvenile Detention Facility.)
3.02 MEDICAL: In the event the parent of any juvenile and/or such juvenile medical
insurance does not cover the cost of medical care, emergency examinations,
treatment and/or hospitalization, "Contractor" agrees to be responsible for
payment. The Judge Ricardo H. Garcia Regional Juvenile Detention Facility will
notify "Contractor" of any medical emergency or condition requiring medical
care within one regular.working day of its occurrence.
ARTICLE IV
4.01 FEES: For services rendered under this contract, "Contractor" shall pay the sum of
ninety five dollars ($95.00) per day per child for each day the "Contractor" has
juveniles in the Facility. Charges will include the day of admittance, regardless of
hour of admittance, plus the number of days until released, including day of
release, regardless of hour.
2 Q
4.02 The Facility represents that it is certified by the State of Texas and/or the
appropriate certifying organization. The Facility agrees to provide the following
services which shall be limited to alleged or adjudicated juvenile offenders in
licensed child care facilities or secure post-adjudication facilities:
1. Secure Post Adjudication Facility - Standard Behavior Modification
2. Sex Offender Program
3. Intense Treatment Program
4. Residential Drug Treatment
4.03 Levels of care and services to be provided at each level are those recommended
by the Texas Juvenile Probation Commission's Residential rate Schedule and
Definitions for levels of care.
A. For and in consideration of the above-mentioned services the Contractor agrees
to pay the Facility an amount not to exceed:
Secure Post Adjudication Facility
Boot Camp/Behavior Modification $95.00 per client per day
Sexual Offender Program $127.00 per client per day
Residential Drug Treatment $127.00 per client per day
Intense Treatment $225.00 per client per day
This fee does not exceed the actual cost of childcare in the Facility, which is the
above contract rate per day and does not exceed the amount allowed in the
current CJD Maximum Rate Schedule.
B. Recognizing that a part of a client's rehabilitation program may include time
away from the residential setting of the Facility, such as weekend, holidays, etc.,
and that the Facility must retain space for this client until client's return, the
Contractor will pay the Facility the above agreed-upon amount for such
regularly scheduled days away from the Facility or its program providing they do
not exceed ten (10) days at one time.
3
C. If a client makes an unauthorized departure from the Facility, the Placement
Supervisor shall be notified immediately. If the client returns to the Facility within
ten (10) days or prior to the last billing day of the month, whichever shall occur
first, the Facility shall receive payment for those days the client was absent from
the Facility, but not to exceed ten (10) days' payment.
D. The Facility is under no obligation to retain space for the client in unauthorized
departure situations.
E. Payment is to be made monthly. Claim for payment will be submitted no later
than five (5) days from the last day of the month for which payment is being
requested. Invoices for services need to be mailed to: Brazos County Juvenile
Services, ATTN Business Manager, 1904 West Highway 21, Bryan, TX 77803.
F, Each billing must contain:
The name of the client(s);
The number of days (stated consecutively) for which payment is being
requested; and
The daily rate of services billed.
G. Situations which arise and effect payment for services which are not directly
addressed by this agreement must have written approval from the Contractor.
H. The Facility is under no obligation to accept a client who is deemed
inappropriate for placement in the program by the Facility.
1. Under Section 231.006, Texas Family Code, the Facility certifies that the individual
or business entity named in this contract is not ineligible to receive the specified
grant, loan, payment, and acknowledges that this contract may be terminated
and payment ay be withheld if this'certificate is inaccurate.
J. The Facility agrees to provide the services described herein in order to achieve
the performance targets specified by the County and Board regarding:
1) Rates of successful completion of residential diversion placements;
2) Recommendations and rate of commitments to T.Y.C.;
3) Specifically, at least 607o of juveniles referred will successfully complete
placement;
4) At least 50% of juveniles completing placement will show increased
educational/vocational advancement.
FAILURE TO MEET SPECIFIED PERFORMANCE TARGETS OR TO COMPLY WITH CONTRACTUAL
PROVISIONS WILL RESULT IN SANCTIONS UP TO AND INCLUDING TERMINATION OF THIS
CONTRACT.
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4.02 BILLING: The Judge Ricardo H. Garcia Regional Juvenile Detention Facility agrees
to furnish "Contractor" an itemized bill, which shall include the daily charges
specified above and all reimbursable expenses incurred by the Judge Richard H.
Garcia Regional Juvenile Detention Facility for juveniles of "Contractor" through
the date of the bill. Billing shall be made to "Contractor" at the address
requested in writing by "Contractor".
4.03 PAYMENT: Payment shall be made monthly within twenty (20) days after billing by
the Judge Ricardo H. Garcia Regional Juvenile Detention Facility. Payment shall
be made to:
Judge Ricardo H. Garcia Regional Juvenile Detention Facility
PO Drawer 989
San Diego, TX 78384
4.04 Notices: All notices shall be sent to Brazos County at the address listed below:
Brazos County Juvenile Services Brazos County Judge
Attn: Executive Director 200 South Texas Avenue
1904 West Highway 21 Suite 332
Bryan, Texas 77803 Bryan, Texas 77803
ARTICLE V
5.01 CONDITIONS FOR PLACEMENT: When a juvenile is transported to the Facility, the
officer effectuating the transfer should have the following with him:
1) Two copies of the signed Disposition Order with the conditions ordering
the child into placement; and
2) A copy of the written notification from "Contractor" to children parents
advising them of his or her whereabouts.
5.02 RELEASE: Juveniles placed in post-adjudicated care facilities shall be released at
the time specified by the Court Order issued by the Judge of the Juvenile Court
of "Contractor", and at such time, "Contractor" shall, at its expense, remove
such juvenile from the facility.
5.03 CHARGES FOR TRANSPORTATION: Should a juvenile in post-adjudicated care not
be removed by "Contractor", its agents, or employees as noted in above
section 5.02 by 12:00 noon of the last day of placement, the Judge Ricardo H.
Garcia Regional Detention Facility will immediately deliver the juvenile to the
Juvenile Court or to a personal authorized by the "Contractor" to receive
juveniles. "Contractor" shall be assessed a traveling charge to be determined
by the Facility.
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5.04 ORDERS OF RELEASE: Juveniles placed in the Facility shall not be removed prior to
the dates set forth in the Court Order except to the Probation Officer or as
allowed in Section 5.05, without delivery of Order for Release signed by the
Judge of the Juvenile Court of "Contractor". In the event said juvenile is not
removed by the "Contractor", the Judge Ricardo H. Garcia Regional Juvenile
Detention Facility is hereby authorized to immediately deliver the juvenile to the
"Contractor" or person authorized by the "Contractor" to receive juveniles.
"Contractor" shall be charged for some in accordance with Section 5.03 above.
5.05 EXAMINATIONS: If a juvenile is placed in the Facility, and if found, in the sole
judgment of the Ricardo H. Garcia Regional Juvenile Facility, to be mentally or
physically unfit, dangerous and/or unmanageable or such juvenile's mental or
physical conditions would or might endanger that juvenile or other occupants of
the detention facility, the Judge Ricardo H. Garcia Regional Juvenile Detention
Facility will immediately give notice to a person or persons authorized by
"Contractor" to remove the juveniles, and said juveniles shall be removed by an
authorized person promptly, but in no event later than twelve (12) hours after
notification. In the event said "Contractor" does not remove juvenile.
"Contractor" shall be charged for some in accordance with section 5.03.
5.06 ACCEPTANCE: The Judge Richard H. Garcia Regional Juvenile Detention Facility
agrees that the Facility will accept any juveniles qualified hereunder, without
regard to such juvenile's religion, race, sex, creed, color, or national origin.
ARTICLE VI
6.01 OPERATION: Nothing in this contract shall be construed to permit "Contractor",
its agents, servants, or employees in any way to manage, control, direct, or
instruct the Judge Ricardo H. Garcia Regional Juvenile Detention Facility, its
servants or employees in any manner respecting any of their work, duties or
functions pertaining to the maintenance and operation of the Facility.
ARTICLE VII
7.01 INSURANCE: "Contractor" shall, at its sole expense, procure and maintain
throughout the term of this agreement, and policy or policies of insurance
covering, among other matters that "Contractor" shall desire, any and all
damages and/or claims that might arise out of the detention of juveniles placed
by "Contractor" at its Facility. Such insurance shall include, but not be limited to,
breach of confidentiality.
6
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ARTICLE VIII
8.01 The Ricardo H. Garcia Regional Juvenile Detention Facility and/or all
subcontractors shall provide certification of eligibility to receive state funds as
required by Texas Juvenile Code Section 231.06.
8.02 With respect to any contracts between the Judge Ricardo H. Garcia Regional
Juvenile Detention Facility and any subcontractor, the 2000 State Financial
Assistance Contracts will be adhered to:
All subcontractors shall be required to adhere to all applicable state and federal
laws and regulations pertinent to the subcontractor's provision of services.
All subcontractors will account separately for the receipt and expenditure of any
and all state funds received from the Judge Ricardo H. Garcia Regional Juvenile
Detention Facility.
All subcontractors receiving any funds under this contract shall retain all
applicable records for a minimum of three years or until any pending audits and
all questions arising therefrom have been resolved.
The Judge Ricardo H. Garcia Regional Juvenile Detention Facility shall conduct
regular financial and programmatic monitoring of all services provided
subcontractors to ensure performance of and compliance with contractual
provisions between the Judge Ricardo H. Garcia Regional Juvenile Detention
Facility and any subcontractor.
ARTICLE IX
9.01 ENTIRE AGREEMENT: This agreement supersedes any and all other agreements,
either oral or in writing, between the parties hereto with respect to the subject
matter of this agreement.
ARTICLE X
10.01 APPLICABILITY: This agreement shall insure solely to the benefit of the parties
hereto and not to any third party recipients or supplier of services.
. ARTICLE XI
11.01 ASSIGNABILITY: This agreement is not assignable.
7
~jdd X73
ARTICLE XII
12.01 ATTORNEY'S FEES: If any action at law or inequity is brought to enforce or interpret
the provisions of this agreement, the prevailing party shall be entitled to
reasonable attorney's fees in addition to any other relief to which he may be
entitled.
ARTICLE XIII
13.01 GOVERNING LAW: The validity of the agreement and of any of its terms or
provisions, as well as the rights and duties of the parties hereunder, shall be
governed by the law of the State of Texas, and venue shall be exclusively in
Duval County, Texas.
ARTICLE XIV
14.01 AMENDMENT: This agreement may be amended by the mutual agreement of the
parties hereto in writing to be attached to and incorporated into this Agreement.
ARTICLE XV
15.01 LEGAL CONSTRUCTION: 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 request, such invalidity, illegality, or unenforceability shall
not affect any other provision hereof and this agreement shall be constructed as
if such invalid, illegal, or unenforceable provision had been contained herein.
Executed this the -25t1-- day of /BU S MCI-,
to be effective September 1, 2009. Each copy he of shall be considered on original
copy for all purpos
Randy Sim , razor County Judge and
Juvenile card Chairman
Doug Vance, hD, Director
Brazos County Juvenile Services
8
vuL_lo?~'~GE
Ashley V. Barrera, Director
Judge Richard H. Garcia Regional
Juvenile Detention Facility
BRAZOS COUNTY DUVAL COUNTY
COMMISSIONERS OURT: COMMISSIONERS COURT:
(If
le)
CO NTY JU GE ABEL ARAGON
COUNTY JUDGE
COMMISSI NER, PRECINCT 1 ALEJO C. GARCIA
COMMISSIONER, PRECINCT 1
G.hSPJn+-
COMMISSIONER, PRECINCT 2 RENE M. PEREZ
COMMISSIONER, PRECINCT 2
COMMISSIONE ' ECINCT 3 NESTOR GARZA, JR.
COMMISSIONER, PRECINCT 3
Qh SQ.h
COMMISSIONER, PRECINCT 4 GILBERTO URIBE, JR.
COMMISSIONER, PRECINCT 4
9
I`~ 175
Aug 04 09 12:55p Leann Kirkley 2814596106 p.2
Contractor:
Liberty Tire Recycling, LLC
5302 Wade Road
Baytown, Texas 77521
Phone: 2811424-4011
Toll Free: 800)249-5087
Fax: 281/424-3882
BULK SERVICE AGREEMENT
Contract Customer I Invoice to:
Customer Name: SRAZOS C013MTY ROAD C 13RIDG£ FEIN No.:
Address: 2617 14M 21 WI=5T
CityandState: BRYAN I-EXAS Zip Code: '779CS
Phone Number: (979 ) 822-212'I Fax Number: (13'19 } 775-0453
Check One: Proprietor Partnership(-) Corp State of Incorporation ( )
Name of Principal: Title:
Service:
Trailer transportation and processing, recycling andlor disposal of Customer's waste tires.
Service Location:
Location Name: - SAME AS ABOVE -
Address:
City and State: Zip Code:
Phone Number: ( ) Fax Number: O
Service Contact:G Title:
Effective Date of Service:
Service Fees:
Trailer Drop Fee: $
Cost P Lo or Ton: $ _1500-DD per (check one : ✓ oad ton
Overweig Charge (exceeding 15 tons per load): $ per (check one): load ton
Standby Fee: $ per month
Rim Removal Fee: $ per tire
Current US DOE Fuel Cost: $ per gallon of diesel fuel
Special Conditions: 7*146 AGREEIYt AT DULL SE tN EFFECT FROM (Customer to initial below)
-
oCr. tto Z609 'M OCT. 16 20t0
1. All loads are invoiced in advance.
2. All service is C.O.D. without approved credit.
3. Contractor shall not be required to accept tires exceeding
N' in height or 16"in width.
Signatures:
By signing this Agreement, Cust acknow d s havi read ald-ag ed to the General Conditions on page 2.
Customer Signature: Date: di ✓
((AAuth zed Representative)
Print Customer Name\andTitle: ( rlc(y ~Y~S 7Uea-j
Contractor Signature Date:
~ (Au horized Representative)
Vay 20,37 Standard Form Page 5 of 2
Aug 13 2009 7:32AM HP LRSERJET FRX 979-361-4293 p.2
Aug 12 D9 D1:10p Leann Kirldey 2814596106 P.3
GETEpAL COMDMNS OF ltouyE sMvietAGREMIM
Comtcactorhweby rarrome ro Custpehertbd s• nplw time collected Irons Centimeter SMI be recycled in wwrd,= with aw caste two rub wasted by governing keel,
deb and (derel repub ory ag wire
1. taros TIS irYdg torsi d rhia r\preauan hdwt be IN(apaia (26; mprylr, anmencing m the Bectime Gate d Servke 1'Term~. Dn oar amivmaarp ortka EfAtme Dale ofServim.
the Tern shag automatically be retarded by one (1)addpoaf ynr uhbas, Prbi b any SUCK aryaihr-JSUy! am posy hewb nNfts fre Cam party teseu. hwryinp IW f does rot wish
b embed than TEnn leyard ale dere anent eaviatpl doh' Such aularatc ext"on and apart to ranael such automatic ed riden slag twdirvw hrdi tdh Apasmerd esphss m
excellence vdh the mind at 0s ppvlston, w Is rermenated as otherwise provided herein, or is tarsnabr0 by w mural atimment of ft parties hereto. Contractor agrees hit if
Customer m l2ram nepim r my senile for is web fires tie to daanfinuaaoe d Its business Q reload eulgda the wee in which Contractor provides SWAM patoeer ,ray
btrtinele thin Agreement by deivebp ve lam ration to Camcxbrd leadihir•y(S'A days pion b fie intended lamination date ad.iWdng Payment at a ansunts due tbri rage on or
bettom such vended bmdnalson this. In ft nerd Customer lemfiwla this Agreement oho ern as provided carve, or Cmireclor ternirwlase ms ..AGrmmeK as a esull of
:ubmer"s Ins9ek, causamcr ehd Pay Contactor, as iquidabd damages. a wet copulated as hilem. PJ the re nshing Teeth d Ilds Afrerarent is son {6) ornbre mantes Cosbrmr
shall pet is mat ream monthly e'4rfe ml6pied by ds (B: OF (i) if to aermiip Tested pis Agreement Is less Per son (6) rata, Cuser+er shall pay ils meth wcertnenhy chmin
nm+aPieO by ObaACbadmartvcnmaicap N Via Tem.
2. Fees, Clewpea and Paynut. Customer shad pay Contractor for k Saviors in aawdance srtty She SeMce Fee set tort. on the first page of this Aoeernwt and these General
dNOns The Service Fees and aver cuffs set IM hernia rely be ad,"v" air the fed sevivedery cl the ERadhr bale d Swvkzb COW increasesyt anic"Versha'1
Cn
Of Corsmcbsr Fh'masfe tires collected at
ses"dard MOW thln d aerator.
Interest chd socua and be Owiledah a0 past due wrlwsile at the orb afore and W~Pampt(1.sk)peraar/rnntz pa7d, bnarAndrrherdaii pay all calls end acs beamed
by Contradv in col" arty past 6 amounts, isulualihi reasonable atkifwys' fees If Payment Is rah made when Wet Cocrcbr may suepad the Pravtsian of Sammies and w
tasinate this Afinermn Man wrder sass to Guislwdr. IM which event Contractor shelf be entided'a mosear all aewuren men sue we. in the red Of lemination. ube kodatad
danaBls described above.
3. Fud Surcttage Conbacbrmry erpwb a led suicharge in sot event the onq d(d bveases Theiel surelstge s" bbebased on umetass in iw cost ddesel fuel duke the
Tamhol fhis Agmatrm t6eftre Cal: ci dread Eel malleable l isAgreeoham icaacJed the'Base Olelal Fuel Prke jea.pW6nep bl'the Erg trifafrrrsrn /IdinPllaadbn dttre tb
Department of EmCW hvemafadaurA. The fuel awMaye shall be equal to SAM Isklesthc of one wnq pot mah, dro nee eery S-05 (liver cents) hiceig a in the US We" Avenge
call of dead fuel man ha Base Da®! fuel Pike. _
4. Governmental Tnea, Fen and Chargers. h
Won e.~'S40'ad. df4eKe - .
S Degptebd Celaden Aaaa i]abmer des dsiplbh sn area rttltih its pmeysee ton rtes atGw(Y.(Ilon d aragp ices to be ededed try Cpnrsgor. Tha dmignasd area ahd be
rndwy actba61e by CrpractaY mMide. Confracbh l asomd s el ad be required tail or cam are tvra ne lies sompl when hearth Convador's vethide. Coraacbr,
gut nth he 8 •\sj'~~
eepw®bre tarth s inadverlefi agerdsi d now. a4sbsraandlor other ird not inbded W rrrea al whion am lpaied In fe ganwd pmdmfy of" desfprntedmn4 lire r f rjon
aeon.
6. wads Tlres. Crrlrmer•awradh w[ihevasb Nee deOUwed toCanimdorenaf hen as dyarbndi0on upossdb ho mote®se l0 mddaersd water In esch)ad rner he he►
of 011. pdrdeumn and wry olber Iraradom a tosk wlateser defied ley recd. stet! or federal taws anNw rgalaive. It s warstoal ird agrees Orr Conlretlar cha0 rot smart any
std or chapped Iles, sold rtber bets. baedtses, area cwstrinhp a havy, acvmtleban of dirt arpmseacaediar 54lockn b heraN or 16 Walhalla Wdlh
7. Tina Tib to tae waale fiwa shall plan b Contracts only, upon bode the @) payaen d Contwctof9 Service Fen and W w derges die fv such meek ass, end (Q mc,val or
such wife time by Conl atlor from Clfwmrs premises lf Customer Alts to Pay Contractors Serie Fan andM aMr chm9 n. Canbacsr, at is op6wt; may Mood anck, mire
Customer's wade tiros, in whcheied Ceammw shat remain Bade to Contractor for 100%dot Service =gas and clher the" due far suite waste Nee.
L Dmwrray anti Parking Areas, Cosrackrsed b be respm L49fwmmags bwerhaed rbsoucridlus, buildings, lanest;Vinq Pavemnd, suberfece or siosaribns escournmet
atvp ens mdeths k reacooaby yava'aa0 Whir n the all dpra.>Bg she Swsa desaAed F Mull Apreemm! n
9. XoW Rambo Customer apess to deb d, hold trot mews and inderma7y Comackr against d claim, bases, cosh, expenses, ea"es. Mrs, lawsuits ad lafu3y for rsury or
death No aersanc widle, toss w dsnsape to propety a for eeviom wal aristrp M dorrgalrd bCuslwnark activities in comseco m rich the Services vdesolhed fm ads Apresmerd, the M[(/
breech Of arty chemist, Pavisia>, w]me"Millan or warwwy, made by CuMWW hahwtler, aMbr Galmefs vpla°don of my laws a regulake s. Thi fndeapi(Kep
i. Poseur
ncludes, any bWrybMarionsrs eb
arpyen the may meek Um She hpletee's amrd'ihp w boding of waste fires. C, 4ee'.erdoes beer r(((use C6-,+rP,:PP+j-ooA
10. Idget b Compda CurDnmr prods Canreator the dgAS b mnpere WA ley offer vAieh Llfgwmr fscehms her i•lends b make) relafnp to the prwigm d xage gee w II ecdm, f+9~
kwrForbal pnaastlng, eacydrg a ldfw disposal sandier upon the lemdmim of this Allotment, and soma to give Contractor wdpen now, of any such offer and a reasaWda if5.
oPPorway, to respvd la IL C } S n
If. DeAe6 ant Rem ellee. In ft wart eiasr party mal breach he Agreement end fell to one any such b.-uc h wrYhn I've i5) days of written labor dews he non-deleJUng pally t.($rr
self live IN rights and remedies sell "home and d roar and rewhdies s ndabia at tsr orb equity. In to even legal new is Leann, the ran-pnera"kp party shall he rsspwsde s S
top wpaymM of si mlaonabie avwoesn' feu, raiedon fees and eaun sett dine preuatuq parry, Ca„ {rat
12 Forte Majeure. Esapt br, tletr, iespearm odgalbm be pay ay aar of money due hereund r. each pars, heft shall be Caused for any delay or failure in am pe larmance d
their nspec'ln abtyaavu hamurder, and shelf nth be liable for faaum to Wfwm or cmaibwa7 It delhuk hereunder, Band to one wlenl that each decay w Wun, in auW by CS
oca mross beyond shrh part's rusaree case ark intuit caused by such puny, krhdap, bd rot liniaa a, govamme-M laws w wgWticm, ar2vea or Char labor dapules, ow C
eemme6an, sahcdfe, ads cf bgwharl w. he,eacaalty. Boo4 earthquake, eephsbn. mainly. or sew Of God. g
11. Ilwke, Arry mace to be Sven terw:nde shalt be n wrong moil shall he dalva:mil Sy had, teamed mat. or ovenirple cornier to the respective party at are addrcr%set both on ha
pray pageof N6Acelemeriwwgpother.sddmssasdVher party shall desiprrie bywarei-oaa tithe otharparef. Any W hake seen x dawned atichely saved ass he dried
dek" unessdefoeryis reined w usMOtberteds. inwhidh rued npia toll be deerred 9iwn upon nra:,g.
14. Ktaovef. TUB laitredCatxtora'Qabmerto Mace. at airy lFlewtor Bey perirdoflrne, art amwnmrc dine pawsivr stn's Apmewen Shay notbecenwuedbte, ad
she) all SB, a verve of ant aedi 06AWn dr prersure or d its righl themalter b enforce etch said every evert Fnrviom Presided. however, fral payneM b Connector co aslubs a
tV wd feet refuse of any claims wt Gumbiner ranV time aganq Co-bacbr.
IL SevarSM4, dany p:picion ce this Apeemen is debhmred to be LwOal ar uhenbrcmble, arh provision shall be deemed amerv>ad to to ederl necessary b c:de'm to
applfable law, or, s it Germs be sic amended vrilhout wanialy elleiry7 to inleWn at he parties, it shall be deemed s rdar end ft meneidw of cis Agwamant Blvd remain .n bit
lc.i+e and affect,
16. Governing Lau. This Agreement steal be governed by and costmed in accoMmes with the laws ale the Sla Is in ~ fr wash firs facial, ssed by Contracor to pmtm. reacysb
erdlordispose of Onlarers wails tea Is located (witted r5gad b corgis of taaprindpleA sad any chimbi s sibling than t hl, ASmaned anal be heard in the appropriate cam at he
CwnlyinTall 4h ash waste fire (wiry a fasted
17. GmwdPrpv(ipm. This AgremMnl p) mm*An the enim mwacibehreu tlr parses wdh rasped toto Sewtrc comempiared hems der,(i) nWony bedwrgd. modmei
or amended by a wNng Wilnec by both wades haato, and Co shall be beding upme w l tae Lrdr ber ard of ne stsasslrs and eastern; of son partial hereto. The minameserdu
wamnYes and idemd mK ms contained hewin sal! srnnn the termination of lhs AgwresseL. awry conasor differences used in asAg emnml bebvnen all =sat are pr:ntsd and
hose L1a was typed or wddai, the typed a wriam lancfage shalt govern. W partyy ha * represents end worminta chat pie Clecjah end Ferlamwnue of Ids Agreement Mme been
duy auhwlud bf wyh Pahl wd that N's Agmmerrl is a vaitl mild hi-gnp cdigaim d ahdh parry, eYdaesde n acmr6irbe aiih ils !arts Tfoi A6reemen may be armlM in hop
v mow tnmlmpem, each of whin ghgl one carried b.be en odpFal deuut a0 dwdiah qwY be deemed m be tine avd he cases irtnteinnt. A larsWe ar rdl gtndue hidsNe same
es en aigfrul.
Way, 2007 Siam6rd Fan
Page 2 d2
VOL )dl?AGE t
r/ iBRAZOS COUNTY
T \t* HUMAN RESOURCES DEPARTMENT
200 S. TEXAS AVE SUITE 206, BRYAN,TX 77803
PHONE (979) 361-4114 FAX (979) 823-6993
)y OF
MEMORANDUM
Date: August 21, 2009
To: Commissioner's Court
From: Jennifer Salaz
HR Director V~l
Subject: Addition of Section 4.02.7-Supplemental Pay for Certified Interpreters
Please consider and take action on the following:
Addition of Section 4.02.7: Supplemental Pay for Certified Interpreters
Employees who take the initiative through their own efforts to complete a prescribed course of
study that is directly related to their position may qualify for a supplemental pay with Court
approval. This incentive is designed to recognize, with increased pay, professional certification
attained by County employees that enhance their productivity and effectiveness in tangible
ways. The employee must present mastery of the course of study by means of a certificate,
license, or degree. Currently, the only certification recognized by the Commissioner's Court as
qualifying for the supplement is the certification for Certified Interpreters; with the supplemental
pay amount to be determined by the Court.
Thank you.
APPROVED:
Raddy Sims, County Judge date
40
VOLW4 PAGE 178