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HomeMy WebLinkAbout2009-08-25-9:00AM-REGULAR PSE p~. Ca R>4 y - - a - 3 ova. "itio ~rY OFfB'~P 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 JL 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 lerk . 000 2~~ Vol ]'~-11 Page 1 ~(S BRAZOS COUNTY COMMISSIONERS COURT Meeting on 04z ow . , 2009 @ o / ' 03 q . Name Organization / Department "go, 1(71 , 0 / X WO l20 ~a- " e C C L wE VIA f /~11 1uI Ail; c L h fY r ll~l/~ yli PAGE of l a`~ 14(Q BRAZOS COUNTY COMMISSIONERS COURT Meeting on a 5 2001 @ o D ~.fij Name Organization / Department - S 2 M7 ~ 7/1 An, At, 6 PAGE of ~a~ -14 7 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. kti 1111181 aI y3 ~W~- WIN X0(19 ' :,6 imam nHEI 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~ ,r SO lJ a ;t 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. e N$ ~ O x a . ITS y .sGiW 7 yt Y "`iql Da e•-' n 20/20092 yr WE 1, ' R VOI'~~`G,~F I ~I 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. rs ,.'d Bj a t k' c Da e¢ ~8 07 09 NOW 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. Y{.' M. d..AR 3 ain t4 aF g- C' 3a~atWtiri~ e~.„ ~D a'rtte~i„2ApP~rprr ~ N®R Ceti t J' pprou " . Date :~i lad ;v1 1 C53 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. H ~ ~ Date std SI O'20D ijg ''c "T34 L°„w Go n rl ti ial aEe ,uL 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) ti c a i o 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 'C! m C a T a00 ? W C7 N O w t N N M M W N N M ~ y q Y 3 to b9 tI9 ~ uD ~ U'! ~ d N 3 N a m C a R C d d m E 'N O V O d C d d Op I d ,D r 3 c Q m is w r m N c O m y R Q) a Q ~ U ~ a A `2 u~ o .m o co Q N y O M '.M O O M y R V y CO uY O N N f~ u•~ -.N O L Cl N W V m a0 N O M M aD O ` C Z Z V m rW MW 0 d O J j y 5 Z R - ~l C Q O o CO LL y 10 J ~ a0 7 Q LL' 0 N F-w o ro Y z _ iX-i LL N W LL O ° v E Z LL O a `R y U O E CL 7 N E LLF 0 z d ~ a 3 ~ R R aLw ~ a N O c Z J o O Q N O to d v` ~ O p o Q J zm O O L F F = F O Z d J a Q yadi m O O J J °-a Q > CL IL O 0 3 F. c m O O U d Y w O Q 0 Q O o V M 'Fm d ~ LL U C F d C fq w d w o o •0 ¢ o c w v d C :i. N N Q: o C m F 2 O N N` Z D 2 d am W Y a a`> o f Y w o- H w _a v ` m O O a LL m O O M, UaO ` r L A OFT 4 0 O 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 ~b5crtit 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 _ 4W 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 ail ~7r~c Ilea 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. 4 l~ r 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. 5 A • J1. 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 Ian PA 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