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BRAZOSCOUNTY
BRYAN, TEXAS
NOTICE OF MEETING
AND AGENDA
BRAZOS COUNTY COMNIISSIONERS COURT
THE COMA'IISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR
SESSION ON 8 SEPTEMBER 2009 AT 9:00 A.M. IN THE COWUSSIONERS
COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH
TEXAS AVENUE, SUITE 106, BRYAN, TEXAS.
1. Invocation and Pledge of Allegiance - Commissioner Mallard.
2. Call for citizen's input and/or concerns.
Consider and take action on agenda items 3 - 25:
3. Budget Amendment 08/09'- 49.1 thru 49.10.
4. Personnel Change of Status.
5. Payment of Claims.
6. Contract with Portia Smith for Positive Difference Workshop for Juvenile Probationers;
contract term is 1 September 2009 through 31 August 2010.
7. Contract with Atmos Energy Corporation and C.C.B. Construction & Associates for the
installation of the main gas line for the Jail Expansion project.
8. Brazos County Clerk Archival Plan to collect a $5.00 fee effective 1 October 2009 for
non-court filings and 1 January 2010 for court filings.
9. Brazos County District Clerk Archival Plan to collect a $5.00 fee effective 1 January
2010 for District Court filings.
Office of Vie County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 Fax: (979) 361-4503
100 105_7AGE ii
Commissioners Court Agenda
8 September 2009
Page 2
10. Set the date and time for a Public Hearing to consider the abandonment of a sub-
division called Unit No. 2 of Woodville Acres in Precinct 2, in accordance with
Chapter 232.008(c) of the Local Government Code.
11. Appointment of Eddie Coulson to the Local Workforce Development Board as the
Education representative; term of appointment is 9/30/2009 to 6/30/2012.
12. Out of state travel request from the County Extension Office for Brandon Gregson to
attend the 2009 National Association of County Agricultural Agents Annual Meeting
and Professional Improvement Conference in Portland, Oregon on 21-24 September
2009. Mr. Gregson is attending this conference as the recipient of an Achievement
Award.
13. Treasurer's Report for the month of July 2009.
14. Permission to accept a monetary donation in the amount of $100.00 for the Veterans
Services Office from Deborah Ruth Yates as part of the FY 10 County budget.
15. Tax Refund Applications for the following:
a. Kermitt S. Scott k. Sharp Enterprise
b. Harold W. Knoll 1. Frankie Mae Andrews
c. Aggieland Nutrition, Inc. in. Facundo Rios
d. Antonio Davila n. BVP Management, Inc.
e. Star Salon o. Homecomings Financial
f. Cathy Mosley p. Option One Mortgage
g. Accent Tile & Texture q. Harold C. & Cynthia Livesay
It. Jins' Asian r. Bruce Kay & Gail Onnen
i. Janet Greaves s. Charles Felts
j. Linda Torres
16. Permission to advertise the following bids:
a. Bid 2009-01, Culverts
b. Bid 2009-02, Lane Striping and Pavement Markers
c. Bid 2009-03, Aggregate for Surface Treatment.
17. Capital requisition #00025567 to Odysseyware, Inc. for the renewal of licenses for
online curriculum used in the Brazos County Academy Program at Juvenile Services.
18. Permission to establish a Construction Committee for Courthouse Renovation, Phase I,
with the following membership:
a. Randy Sims County Judge f. Marc Hamlin District Clerk
b. Duane Peters Commissioner, Pct. 2 g. Fred Patterson* Architect
c. Gary Arnold Road & Bridge Dept. It. Pat Howard* - Purchasing Dept
d. Judge J. D. Langley 850'District Court. i. Charles Wendt* Purchasing Dept
"r e. Rod Anderson County Attorney * indicates non- voting members
Commissioners Court Agenda
8 September 2009
page 3
19. Request for permission to enter Neilon Rowan's property located off Lightsey Lane for
the purpose of removing dead trees along the right-of-way for the health, safety and
welfare of the general public. Site is located in Precinct 1.
20. Request for permission to enter Lathi Taylor's property located off Castenson Road for
the purpose of removing silted material from a drainage channel for the health, safety
and welfare of the general public. Site is located in Precinct 2.
21. Request for permission to enter Charles Culver's property located off Bickham
Cemetery Road to trim underbrush from the inside of the roadway curve to create better
sight distance for the health, safety and welfare of the general public. Site is located in
Precinct 2.
22. Bryan Texas Utilities' cost estimate of $26,881.99 to relocate approximately 1,375 ft.
of single phase line (at the County's request) on Straub Road to accommodate roadway
widening improvements, with placement of some lines, poles and guy wires in County
ri ght-of-way. Site is located in Precinct 1.
23. Payment Authorization in the amount of $700.00 to the Travis County Medical
Examiner for expert testimony in the trial State vs. Bennie Smith; the invoice exceeds
the amount of the purchase order.
24. Payment Authorization in the amount of $700.00 to SB Nutrition & Food Service
Consulting for services provided to the Juvenile Detention Center; a purchase order was
not obtained in advance.
25. Payment Authorization in the amount of $168.06 to the LaSalle Hotel for the lodging of
witnesses in the trial State vs. Grayling Turner and Tim Lovett, and State vs. Aaron
Somers. A purchase order was not obtained in advance.
26. Acknowledgement of the Order reappointing Katie Conner as County Auditor for
Brazos County.
27. Announcement of interest items and possible future agenda topics.
28. Call for citizen input and/or concerns.
29. Agency / Board / Committee reports by Court members.
30. Adjourn
Commissioners Court Agenda
8 September 2009
Page 4
PUBLIC COMMENTS
Public Comment during the Commission Meeting may be for all matters, 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 1 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 fora n 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:
1. cancellation of a speakers time;
2. removal from the Commissioners Court;
3. a Contempt Citation; and/or
4. such other andlor criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only if a matter bas 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 puking spaces are available. Any request for sign
interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 3614102.
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KAREN MCOUEEN
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BRAZOSCOUNTY
BRYAN,TEXAS
NOTICE OF ADDENDUM
TO THE AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY
8 SEPTEMBER 2009 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF
THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE
106, BRYAN, TEXAS.
In addition to the regular agenda, the Commissioners Court will consider and take action
on the following item(s):
1. Budget Amendment 08/09 - 49.11.
The County Administration Building is handicap 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) 3614102
Office of the County Judge • 200 South Texas Ave. Suite 332 Bryan, Texas 77803 • Fax: (979) 361-0503
JL Imo" :P. rJ
COMMISSIONERS' COURT
REGULAR MEETING
SEPTEMBER 8, 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, September 8, 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;
Kenny Mallard, Commissioner of Precinct 3;
Irma Cauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk.
The attached sheets contain the names of the citizens and
officials that were in attendance.
Commissioner Mallard gave the invocation and then led the
pledge of allegiance.
There was no citizen input/and or concerns.
The County Judge then considered the addendum to the
agenda, which was Budget Amendment 08/09-49.11 which would
transfer funds from Contingency to Court Support Costs. On
motion by Commissioner Peters, seconded by Commissioner
Mallard, the Court voted unanimously to the Budget Amendment
Vol 1 a5 Page
Commissioners Court meeting September 8, 2009 2
Amendment as submitted.
The next matter before the Court was consideration of
Budget Amendment 408/09-49.1 through 49.10 that would
reallocate funds for Sheriff Department-Special Investigation
Unit (2), JP Technology Fund:Justice of the Peace, Precinct 4,
Constable, Precinct 4, Brazos Center, Agricultural Extension,
Purchasing Department, District Clerk-Jury Services; and
transfer funds from Contingency to County Attorney, District
Clerk & Jury Services, Sheriff Office-Jail Division, 361st
District Court. On motion by Commissioner Peters, seconded by
Commissioner Wassermann, the Court voted unanimously to
approve the budget amendments as submitted. A copy of each
amendment is attached.
The Court proceeded to consider the change of status of
employees as submitted on the attached Personnel Action
Requests. On motion by Commissioner Wassermann, seconded by
Commissioner Cauley, the Court voted unanimously to approve
the changes as submitted.
The Court next considered the following Claims as
submitted by the County Treasurer for payment:
7065816 through 7066067
Vol dS Page f
Commissioners Court meeting September 8, 2009 3
On motion by Commissioner Peters, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Claims as
submitted.
The next matter before the Court was a consideration of
contract with Portia Smith for Positive Difference Workshop
for Juvenile Probationers. Ms. Smith will provide six (6)
hour long workshop session for each phase of the JSCC program.
The cost to Brazos County is $50 per participant. The term of
the Agreement is for twelve (12) months commencing September
1, 2009 and ending August 31, 2010. On motion by Commissioner
Cauley, seconded by Commissioner Peters, the Court voted
unanimously to approve the Agreement and authorized the County
Judge to execute the document. A copy is attached.
The next matter before the Court was consideration of a
Contract with Atmos Energy and CCB Construction for the
installation of a main gas line for the jail expansion
project. The cost to Brazos County for the work is $3,560. On
motion by Commissioner Cauley, seconded by Commissioner
Peters, the Court voted unanimously to approve the contract
and authorized the County Judge to execute the documents. A
copy is attached.
The Court next considered the Brazos County Clerk
Archival Plan to collect a $5.00 fee effective October 1, 2009
Vol I a5 Page 18
Commissioners Court meeting September 8, 2009 4
for non-court filings and January 1, 2010 for court filings.
On motion by Commissioner Mallard, seconded by Commissioner
Cauley, the Court voted unanimously to approve the Archival
Plan.
The next matter before the Court was consideration of the
Brazos County District Clerk Archival Plan to collect a $5.00
fee effective January 1, 2010 for court filings. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to approve the Archival Plan.
The Court next considered setting the date and time for a
Public Hearing to consider the abandonment of a subdivision
called Unit No. 2 of Woodville acres in Precinct 2. On motion
by commissioner Peters, seconded by Commissioner Wassermann,
the Court voted unanimously to set the date and time for the
public hearing on Tuesday, September 29, 2009 at 10:00 a.m. in
the Commissioners Courtroom in the Brazos County
Administration Building.
The next matter before the Court was the appointment of
an individual to serve on the Local Workforce Development
Board as the education representative. On motion by
Commissioner Cauley, seconded by Commissioner Wassermann, the
Court voted unanimously to appoint Eddie Coulson to serve on
Vol as Page 161",
Commissioners Court meeting September 8, 2009 5
the board for a term to begin September 30, 2009 and terminate
June 30, 2012.
The next matter for consideration by the Court was a
request submitted by the County Extension Agent Brandon S.
Gregson seeking approval for out of state travel for himself
to travel to the 2009 National Association of County
Agricultural Agents Professional (NACAA) Conference in
Portland, Oregon September 21-24, 2009. Mr. Gregson will be
attending as an award recipient of a national achievement
award. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to grant the
request from the Extension Agent and approved payment for out
of state travel expenses of Brandon Gregson.
On motion by the County Judge, seconded by Commissioner
Peters, the Court voted unanimously to receive, approve and
order filed as submitted the Treasurer's report for July 2009.
A copy is attached to and made a part of these minutes.
The Court next considered authorizing acceptance of a
donation of $100 from Ms. Deborah Ruth Yates for the Veteran's
Service Office. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to accept the
donated property. After some discussion, Commissioners Cauley
Vol I a5 Page ao
Commissioners Court meeting September 8, 2009 6
and Peters amended their motion and second to restrict the use
of the monetary donation for expenditures other than salary.
The next matter for consideration was approval of tax
refund applications from the following individuals and/or
companies:
a. Kermitt S. Scott, over payment $24.06
b. Harold W. Knoll, over payment $100.00
C. Aggieland Nutrition, Inc., over payment $83.48
d. Antonio Davila, over payment $388.38
e. Star Salon, over payment $25.50
f. Cathy Mosely, over payment $16.91
g. Accent Tile & Texture, over payment $9.35
h. Jins' Asian, over payment $ 390.31
i. Janet Greaves, over payment $13.48
j. Linda Torres, over payment $63.97
k. Sharp Enterprise, over payment $49.50
1. Frankie Mae Andrews, over payment $10.00
m. Facundo Rios, over payment $7.32
n. BVP Management, Inc., over payment $231.16
o. Homecomings Financial, over payment $1,971.17
p. Option One Mortgage, over payment $687.05
q. Harold C. & Cynthia Livesay, over payment $5.56
r. Bruce Kay & Gail Onnen, over payment $12.21
s. Charles Felts, over payment $7.50
On motion by Commissioner Peters, seconded by Commissioner
Wassermann, the Court voted unanimously to approve the tax
refund applications.
The next matter for consideration was approval for the
Purchasing Agent to advertise the following bids:
a) Bid 2009-01, Culverts
b) Bid 2009-02, Lane Striping and Pavement Markers
c) Bid 2009-03, Aggregate for Surface Treatment
Vol 105 Page al
Commissioners Court meeting September 8, 2009 7
On motion by Commissioner Wassermann, seconded by Commissioner
Cauley, the Court voted unanimously to authorize the
Purchasing Agent to advertise for the previously noted bids.
The Court next considered Capital Requisition #0025567 in
the amount of $16,200 to Odysseyware Inc., for the renewal of
licenses for on-line curriculum used in the Brazos County
Academy Program. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the requisition.
The Court next considered creating a construction
committee for the Courthouse Renovation, Phase I and
appointing individuals to serve on the committee. The County
Judge asked that Irene Jett, Budget Officer be appointed to
the committee as a non-voting member. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Court voted unanimously to create a construction committee and
to appoint the following individuals to serve on that
committee:
a. Randy Sims, County Judge
b. Duane Peters, Commissioner Precinct 2
c. Gary Arnold, Director of Planning and Traffic
d. Judge J. D. Langley, 85th District Court Judge
e. Rod Anderson, County Attorney
f. Marc Hamlin, District Clerk
g. Fred Patterson, Architect*
h. Pat Howard, Purchasing Agent*
i. Charles Wendt, Assistant Purchasing Agent*
j. Irene Jett, Budget Officer*
Vol 1, a5 Page
Commissioners Court meeting September 8, 2009 8
*indicates non-voting members
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 Neilon Rowan on
Lightsey Lane in Precinct 1 to remove dead trees. On motion
by Commissioner Wassermann, seconded by Commissioner Cauley,
the Court voted unanimously to authorize the work.
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 Lathi Taylor on
Castenson Road in Precinct 2 to remove silted material from
the drainage channel. On motion by Commissioner Peters,
seconded by Commissioner Wassermann, the Court voted
unanimously to authorize the work.
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 Charles Culver on
Bickham Cemetery Road in Precinct 2 to trim underbrush from
inside of roadway curve to create better sight distance. On
motion by Commissioner Peters, seconded by Commissioner
Vol I J5 Page ~3
Commissioners Court meeting September 8, 2009 9
Wassermann, the Court voted unanimously to authorize the work.
The Court next considered acceptance of the Bryan Texas
Utilities cost estimate of $26,881.99 for relocation of
approximately 1,375 feet of single phase line on Straub Road
to accommodate roadway widening improvements. Due to
difficulty in obtaining easements, this project will require
placement of some of the lines, poles and guy wires in county
right-of-way. The site is located in Precinct 1. On motion
by Commissioner Wassermann, seconded by Commissioner Cauley,
the Court voted unanimously to accept Bryan Texas Utilities
cost estimate of $26,881.99 to relocate approximately 1,375
feet of single phase line.
The next matter before the Court was consideration of a
payment authorization in the amount of $700 to Travis County
Medical Examiner for expert witness testimony in a murder
case. The cost exceeded the purchase order amount. On motion
by Commissioner Peters, seconded by Commissioner Cauley, the
Court voted unanimously to approve the payment authorization.
The Court next considered a payment authorization in the
amount of $700 to SB Nutrition & Food Service consulting for
services provided to the Juvenile Detention Center. No
purchase order was obtained in advance. On motion by
Commissioner Cauley, seconded by Commissioner Peters, the
Vol y a5 Page 04
Commissioners Court meeting September 8, 2009 10
Court voted unanimously to approve the payment authorization.
The next matter before the Court was consideration of a
payment authorization in the amount of $168.06 to the La Salle
Hotel for lodging for witnesses. One witness was required to
stay an additional day. The purchase order did not cover the
extra day. On motion by Commissioner Cauley, seconded by
Commissioner Peters, the Court voted unanimously to approve
the payment authorization.
The Court acknowledged receipt of the Order reappointing
Katie Conner County Auditor effective for a term of two (2)
years beginning October 1, 2009 and ending September 30, 2011.
Under announcement of interest items and possible future
agenda topics the following spoke:
County Judge
a) Discussed requiring information on funding
for each agenda item. Katie Conner, County
Auditor cautioned not to put specific
funding information on the agenda because it
is then set in stone. If funding changes it
would have to go back to Court for approval.
b) He asked Commissioner Mallard for an update
on the High Speed Rail.
c) He announced there would be a Public Hearing
at 9:00 a.m., on Wednesday, September 9,
2009 on the budget.
d) He announced there would be a Public Hearing
at 10:00 a.m., on Wednesday, September 9,
2009 on a tax increase.
Vol I,)5 Page a5
Commissioners Court meeting September 8, 2009 11
Under citizen input and/or concerns, the following
spoke:
Sheriff Chris Kirk
a) There were 527 inmates in jail, 46 are in
other counties, 57 have monitors and 36 are
pending for monitors.
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 a 5 Page
The foregoing minutes of the Commissioners Court meeting held
September 8, 2009 have been examined and are approved in open
Court this the a7tL' day of fj)bir 2009, in Bryan,
Brazos County, Texas.(
HQfJ 0~- GIJ~e¢u~~a.
Ran y Sims Lloyd Was ermann
County J ge Commissioner, Precinct 1
Duane Peters Kenny Mal a d
Commissioner, Precinct 2 Commission Precinc 3
Irma au e
Commissioner, P inct 4
Attest: Karen McQueen
County Clerk
Vol j a5 Page a-)
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BRAZOS COUNTY COMMISSIONERS COURT
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 49.11
9/812009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 170,000.00
0100 11010000 72201000 DR CRT Apptointed Attys-CCL#1 42,073.00
0100 11010000 72205000 DR CRT Apptointed Attys-85th District Court 42,414.00
0100 11010000 72206000 DR CRT Apptointed Attys-272nd District Court 61,196.00
0100 11010000 72209000 DR CRT Appointed Interpreter 24,317.00
Court Support Costs and General Fund Contingency
To reallocate funds to allow for the processing of Court Appointed attorneys in the various courts.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2008-2009 BUDGET YEAR
NO. 08/09 - 49.1 thru 49.10
On this the 8'h day of September 2009 at a regular meeting of the Commissioners' Court, the following
members were present:
A. Randy Sims, County Judge, Presiding
Lloyd Wassermann, Commissioner, Precinct 1
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 8 September 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 8'~ day of September 2009.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
By:
Rand ims, County Judge
Original: County Clerk's Office and
attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 49.1
9/8/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
3202 282300 65550000 CR Radio Maintenance 478.88
3202 282300 67281000 DR Equipment - Other 478.88
Brazos County SIU:
To rellocate funds to allow for the purchase of a digitial video camera to replace current equipment that is outdated
and needs to be upgraded.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 49.2
9/8/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 11001500 61130000 CR Contingency - General Fund 3,350.00
0100 18000100 51750000 DR County Attorney- State Supplement 3,350.00
General Fund Contingency and County Attorney
To reallocate funds to add additional funds to the County Attorney for revenue received in excess of what was appropriated
during the fical year.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 49.3
9/8/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
2400 24005400 67281000 CR Equipment - Electronic 400.00
2400 24005400 60500000 DR Office Equipment 400.00
JP Technology Fund: JP Pct. 94: Batchelor
To reallocate funds to allow for the purchase of a GPS and metal detector.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 49.4
9/8/2009
FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease
0100 30401100 61110000 CR Conference & Seminar Fee 1,400.00
0100 30401100 65950000 DR Vehicle Maintenance 1,400.00
Constable Pct. #4:
To reallocate funds to allow for the vehicle maintenance expenses.
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BUDGET AMENDMENTS
No. 08109 - 49.5
9/8/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 36500100 65400000 ER Grounds Maintenance 4,952.54
0100 36500100 67280000 DR Equipment - Other 4,952.54
Brazos Center:
To reallocate funds to allow for the replacement of two mowers that were stolen on the weekend of 08/22/2009.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 m,19.6
918/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 37000100 60500000 CR Office Equipment 150.00
0100 37000100 61110000 CR Conference & Seminar Fee 21.14
0100 37000100 65350000 CR Gasoline 400.00
0100 37000100 71520000 CR Rental - Vehicles 100.00
0100 37000100 65050000 DR Building Maintenance 671.14
County Agriculture Extension:
To reallocate funds to allow for the purchase of the new sign for the Office.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 49.7
9/8/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 16500100 61801000 CR Travel 71.76
0100 16500100 65310000 DR Equipment Repair/Maintenance 71.76
Purchasing Department:
To reallocate funds to allow for the replacement of gas cards for the County vehicles.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 49.8
9/8/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
0100 20010000 67203000 CR Minor Computer Hardware 300.00
0100 20010000 60500000 DR Office Equipment 300.00
District Clerk Jury Services
To reallocate funds to allow for the purchase of a metal push cart for juror wooden boards.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08/09 - 49.9
9/8/2009
FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease
0100 20000100 60600000 CR Office Supplies 2,000.00
0100 20000100 61110000 CR Conference & Seminar Fees 1,065.00
0100 20000100 61500000 CR Printing 2,375.00
0100 20000100 61801000 CR Travel 11660.00
0100 20000100 80203000 DR Computer - Hardware 7,100.00
2300 20005000 61130000 CR Contingency - District Clerk Mgmt Fund 6,000.00
2300 20005000 80203000 DR Computer - Hardware 6,000.00
District Clerk Administration & District Clerk Management Fund
To reallocate funds to allow for the purchase of a document scanner.
Funding is being provided in part by both the general fund District Clerk Administration budget and the District Clerk
Management Fund.
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BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 08109 - 49.10
918/2009
FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease
3202 282300 61120000 CR Confidential Funds 14,000.00
3202 282300 65350000 CR Gasoline 13,800.00
3202 282300 80203000 DR Computer Hardware 18,000.00
3202 282300 67203000 DR Minor Computer Hardware 1,800.00
3202 282300 67281000 DR Equipment - Electronic 8,000.00
Brazos County SIU:
To rellocate funds to allow for the purchase of surveillance equipment approved by CJD.
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PERSONNEL
CHANGE OF STATUS REQUESTS
l1q,
Commissioner Court Date: September 8, 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 Clerk Election Gallion, Seth New Hire
District Clerk Collections Spraggins, Quinn New Hire
SO/Jail Henderson, Aldolphus Retirement
Holloway, Dwayne Promotion
Carpenter, Timothy Transfer Min Dept.
Approved in Commissioners' Court: September 8, 2009:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
STATE OF TEXAS §
COUNTY OF BRAZOS §
Portia Smith
Mentor Program
Non-Residential Services
September 1, 2009- August 31, 2010
This agreement is entered into by and between the Brazos County Juvenile Board at the
request of and on behalf of the Brazos County Juvenile Services Department (collectively
referred to as "Juvenile Probation") and Portia Smith ("Service Provider").
ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is to provide one workshop for each phase of the
JSCC program.
ARTICLE II
TERM
2.01 The term of this Agreement is for twelve (12) months, commencing September 1,
2009, and ending August 31, 2010.
ARTICLE III
SERVICES
3.01 The service providers shall:
A. Provide six (6) hour workshop for each phase of the JSCC program
B. Accept all juveniles assigned to the program and ensure each participates in
workshop.
C. Service Provider shall provide regular progress reports after each workshop.
D. Service Provider agrees to cooperate fully with any program evaluation
instigated by Juvenile Probation.
43
ARTICLE IV
EVALUATION CRITERIA
4.01 The performance of Service Provider in achieving the goals of Juvenile Probation
will be evaluated on the basis of the output and outcome measures contained in
this section. Juvenile Probation, at its discretion, may use other means or
additional measures to evaluate the performance of Service Provider in fulfilling
the terms and conditions of the Agreement.
A. Juvenile Probation shall evaluate Service Provider's performance under this
Agreement according to the following specific performance goals for Service
Provider:
1. Ensure children complete workshop.
2. Prevent re-referrals of children during the six (6) months following
completion of workshop.
B. Juvenile Probation shall additionally evaluate Service Provider by the
following output measures:
1. The total number of juveniles completing workshop.
2. The total number of re-referrals of children completing workshop within six
months of completion.
C. Juvenile Probation shall further evaluate Service Provider by the following
outcome measures:
1. Percentage of juveniles who successful complete workshop.
2. Percentage of juveniles who have completed workshop and not re-referrals
within six (6) months of completion.
4.02 Service Provider shall report on an annual basis to Juvenile Probation as to each of
the foregoing output and outcome measures. These reports will reviewed by
Juvenile Probation in order to monitor Service Provider for programmatic
compliance with this Agreement.
ARTICLE V
COMPENSATION
5.01 For and in consideration for the above-mentioned services, Juvenile Probation
agrees to pay Service Provider fifty dollars $50.00 per participant.
5.02 Service Provider agrees to reduce the amount of each invoice for services by that
amount received from other sources for said services. (Reimbursement terms for
contractors NOT serving clients)
OR
a lay 44_
5.02 Service Provider must use its best efforts to seek and obtain all benefits available
from other sources for eligible children. It must initiate and complete any
appropriate Medicaid application and complete all necessary documentation to
obtain reimbursement for children who may be eligible for Medicaid. Any income
received by Service Provider toward the support of a child from sources other than
this Agreement, including but not limited to Medicaid, Social Security, medical
insurance coverage, or contributions from parents or others must be documented
as to each child for whom a billing is submitted and deducted from the invoice
submitted to Juvenile Probation. Documentation must include the name(s) of the
parties receiving the services, the dates and times services were provided.
(Reimbursement terns for contractors serving clients)
5.03 Service Provider will submit an invoice for payment of services to the Juvenile
Probation Fiscal Officer on a monthly basis. Said invoice shall be submitted
within ten (10) working days following the end of the invoiced month and shall
include information deemed necessary for adequate fiscal control, including but
not limited to the hours worked, attributed to specific clients if appropriate; date
service was rendered; the hourly rate; the total daily cost; and total monthly cost.
Each invoice received for payment will be reviewed by Juvenile Probation in order
to monitor Service Provider for financial compliance with this Agreement.
Invoices submitted by Service Provider in proper form shall be paid by Juvenile
Probation in a timely manner.
5.04 Service Provider agrees to make claims for payment or direct any payment
disputes to the Juvenile Probation Fiscal Officer. Service Provider will not contact
other Juvenile Probation employees regarding any claims for payment.
5.05 Service Provider agrees and understands that all financial obligations of Juvenile
Probation provided for in this Agreement for which current revenue is not
available will be contingent on the availability of appropriated funds to meet said
obligations.
4s
ARTICLE VI
EXAMINATION AND RETENTION OF RECORDS
6.01 Service Provider agrees that it will permit Juvenile Probation to examine and
evaluate its program of services provided under the terms of this Agreement
and/or to review its records periodically. This examination and evaluation of the
program may include site visitation, observation of programs in operation,
interview and the administration of questionnaires to the staff of Service Provider
and the children when deemed necessary.
6.02 Service Provider shall retain and make available to Juvenile Probation all financial
records, supporting documents, statistical records, and all other records pertinent
to the Agreement for a minimum of three (3) years, or until any pending litigation,
claim, audit or review and all questions arising there from have been resolved, and
shall make available for Juvenile Probation's inspection, all contractual
agreements with Service Provider's subcontractors for services related to this
Agreement.
6.03 Service Provider understands that acceptance of funds under this Agreement acts
as acceptance of the authority of the State Auditor's Office, or any successor
agency, to conduct an audit or investigation in connection with those funds.
Service Provider further agrees to cooperate fully with the State Auditor's Office
or its successor in the conduct of the audit or investigation, including providing all
records requested. Service provider will ensure that the foregoing clauses
concerning the authority of the State of Texas to audit and the requirement to
cooperate is included in any subcontract or arrangement Service Provider enters
into in which funds received under this Agreement form all or part of the
consideration.
ARTICLE VII
CONFIDENTIALITY OF RECORDS
7.01 Service Provider shall maintain strict confidentiality of all information and records
relating to juveniles involved in Juvenile Probation, and shall not re-disclose the
information except as required to perform the services to be provided pursuant to
this Agreement, or as may be required by law.
,Qf
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ARTICLE VIII
DUTY TO REPORT
8.01 As required by §§261.101 and 261.405 of the Texas Family Code, Service
Provider shall report any allegation or incident of abuse, exploitation or neglect of
any child (including but not limited to ajuvenile that is under the supervision of
Juvenile Probation) within twenty-four (24) hours from the time the allegation is
made, to all of the following:
A. Local law enforcement agency (such as the Brazos County Sheriff's Office);
and
B. Texas Juvenile Probation Cornnission by submitting a TJPC Incident Report
Form to facsimile number 1-512-424-6717 (or if unable to complete the form
within 24 hours, then by calling toll-free 1-877-786-7263, followed by
submitting the report within 24 hours of said call); and
C. Brazos County Juvenile Probation Department to facsimile number (979)-823-
4211.
ARTICLE IX
DISCLOSURE OF INFORMATON
9.01 Service Provider warrants that, prior to entering this contract, it has verified and
disclosed the following information to Juvenile Probation, and agrees that it shall
have an ongoing affirmative duty under this Agreement to promptly ascertain and
disclose in sufficient detail this same information to Juvenile Probation:
A. Any and all corrective action required by any of Service Provider's licensing
authorities;
B. Any and all litigation filed against the Service Provider, or against its
employees, interns, volunteers, subcontractors, agents and/or consultants that
have direct contact with juveniles;
C. Arty arrest of any employee, intern, volunteer, subcontractor, agent and/or
consultant of the Service Provider that has direct contact with juveniles;
D. Any finding of "Reason to Believe" by a state regulatory agency in a child
abuse, neglect and exploitation investigation where an employee, intern,
volunteer, subcontractor, agent and/or consultant of Service Provider that has
direct contact with juveniles was the alleged or designated perpetrator;
1as 47
E. The identity of any of Service Provider's employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with
juveniles that are registered sex offenders; and
F. The identity of any of Service ,Provider's employees, interns, volunteers,
subcontractors, agents and/or consultants that have direct contact with
juveniles that have a criminal history. For the purpose of this Agreement, the
term "criminal history" shall include: (1) current felony or misdemeanor
probation or parole; (2) a felony conviction or deferred adjudication within the
past ten years; or (3) a jailable misdemeanor conviction or deferred
adjudication within the past five years.
G. All notices to the Brazos County Juvenile Services Department shall be sent
by certified or registered mail, addressed to: 1904 W. SH 21, Bryan, Texas
77803 to the Executive Director, Douglas Vance. Further each notice will be
sent by certified or registered mail, addressed to 200 South Texas Avenue,
Suite 332, Bryan, Texas 77803 to the Office of the County Judge, Randy Sims.
ARTICLE X
EQUAL OPPORTUNITY
10.01 Service Provider agrees to respect and protect the civil and legal rights of all
children and their parents. It will not unlawfully discriminate against any
employee, prospective employee, child, childcare provider, or parent on the basis
of age, race, sex, religion, disability or national origin. Service Provider shall
abide by all applicable federal, state and local laws and regulations.
ARTICLE XI
ASSIGNMENT & SUBCONTRACT
11.01 Service Provider may not assign or subcontract any of its rights, duties and/or
obligations arising out of this Agreement without the prior written consent of
Juvenile Probation.
ARTICLE XII
OFFICIALS NOT TO BENEFIT
12.01 No officer, employee or agent of Juvenile Probation and no member of its
governing body and no other public officials of the governing body of the locality
or localities in which the project is situated or being carried who exercise any
functions or responsibilities in the project, shall participate in any decision relating
to this Agreement which affects or conflicts with his/her personal interest or have
any personal or pecuniary interest, direct or indirect, in this Agreement or the
proceeds thereof.
~.:3LIas
ARTICLE XIII
DEFAULT
13.01 Juvenile Probation may, by written notice of default to Service Provider, terminate
the whole or any part of this Agreement as it deems appropriate, in any one of the
following circumstances:
A. If Service Provider fails to perform the work called for by this Agreement
within the time specified herein or any extension thereof, or
B. If Service Provider fails to perform any of the other material provisions of this
Agreement, including failure to achieve the defined goals, outcomes, and
outputs, or so fails to prosecute the work as to endanger the performance of
this Agreement in accordance with its terms.
C. In either of these two circumstances after receiving notice of default, Service
Provider does not cure such failure within a period of ten (10) days.
13.02 Any default by Service Provider, regardless of whether the default results in
termination, will jeopardize Service Provider's ability to contract with Juvenile
Probation in the future, and may result in the refund of compensation received
under this Agreement.
ARTICLE XIV
TERMINATION
14.01 This Agreement may be terminated:
A. By either party upon ten (10) days written notice to the other party of the
intention to terminate; or
B. Upon expenditure of available funds.
14.02 If at any time during the term of this agreement Juvenile Probation, in its sole
discretion, determines that the safety of children being served under this
Agreement may be in jeopardy, Juvenile Probation may immediately suspend the
effect of this Agreement, including but not limited to the obligation to pay, upon
giving notice to the Service Provider.
ARTICLE XV
WAIVER OF SUBROGATION
15.01 Service Provider expressly waives any and all rights it may have of subrogation to
any claims or rights of its employees, agents, owners, officers, or subcontractors
against Juvenile Probation. Service Provider also waives any rights it may have to
indemnification from Juvenile Probation.
ARTICLE XVI
INDEMNIFICATION
16.01 It is further agreed that Service Provider will indemnify and hold harmless Brazos
County and Juvenile Probation against any and all negligence, liability, loss, costs,
claims, or expenses arising out of wrongful and negligent act(s) of commission or
omission of Service Provider, its agents, servants, or employees arising from
activities under this Agreement. Service Provider shall have no obligation to
indemnify and hold harmless Brazos County and Juvenile Probation for any act(s)
of commission or omission of Brazos County's or Juvenile Probation's agents,
servants, or employees arising from or related to this Agreement for which a claim
or other action is made.
ARTICLE XVII
SOVEREIGN IMMUNITY
17.01 This Agreement is expressly made subject to Brazos County's Sovereign
Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all
applicable federal and state law. The parties expressly agree that no provision of
this Agreement is in any way intended to constitute a waiver or any immunities
from suit or from liability that the Brazos County has by operation of law.
Nothing in this Agreement is intended to benefit any third party beneficiary.
ARTICLE XVIII
REPRESENTATIONS & WARRANTIES
18.01 Service Provider hereby represents and warrants the following:
A. That it has all necessary right, title, license and authority to enter into this
Agreement;
B. That it is qualified to do business in the State of Texas; that it holds all
necessary licenses and staff certifications to provide the type(s) of services
being contracted for; that it is in compliance with all statutory and regulatory
requirements for the operation of its business; and that there are no taxes due
and owing to the State of Texas, the County of Brazos, or any political
subdivision thereof,
C. That it carries sufficient insurance to provide protection to Juvenile Probation
under the indemnity provisions, as well as for any potential liabilities that arise
from or related to this Agreement; and
D. That all of its employees, interns, volunteers, subcontractors, agents and/or
consultants will be properly trained to report allegations or incidents of abuse,
exploitation or neglect of a juvenile in accordance with the requirements of
Texas Family Code Chapter 261 and any applicable Texas Juvenile Probation
Commission administrative rules regarding abuse, neglect and exploitation
allegations.
ARTICLE XIX
TEXAS LAW TO APPLY
19.01 This Agreement shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created hereunder are performable
in Brazos County, Texas.
ARTICLE XX
VENUE
20.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos
County, Texas. .
ARTICLE XXI
ADDITIONAL TERMS
21.01 Service Provider shall comply with all applicable federal and state laws and
regulations, Juvenile Probation policies, and Texas Juvenile Probation
Commission standards pertinent to services provided under this Agreement.
21.02 Under Section 231.006, Family Code, the vendor or applicant certifies that the
individual or business entity named in this Agreement, bid or application is not
ineligible to receive the specified grant, loan or payment and acknowledges that
this Agreement may be terminated and payment withheld if this certification is
inaccurate.
21.03 Service Provider is hereby notified that state funds are used to pay for services
rendered to Juvenile Probation. For this reason, Service Provider shall account
separately for the receipt and expenditure of all funds received from Juvenile
Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP)
in the accounting, reporting and auditing of such funds.
VOL 1 5 P~'GE ,51
ARTICLE XXII
LEGAL CONSTRUCTION
22.01 In case any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceable provision shall not affect any other
provision thereof and this Agreement shall be construed as if such invalid, illegal,
or unenforceable provision had never been contained therein.
ARTICLE XXIII
PRIOR AGREEMENTS SUPERSEDED
23.01 This Agreement constitutes the sole and only Agreement of the parties hereto and
supersedes any prior understandings or written or oral Agreement between the
parties respecting the within subject matter.
ARTICLE XXIV
AMENDMENTS
24.01 Juvenile Probation may amend, modify or alter the terms of this Agreement and
specify an effective date thereof. Juvenile Probation will then notify Service
Provider in writing, dated subsequent to the date hereof, of such changes and their
effective date. Continuation of services after the effective date by Service Provider
will signify its acceptance of these changes. If Service Provider declines to accept
changes made by Juvenile Probation, Service Provider may terminate this
Agreement subject to the conditions herein.
EXECUTED IN DUPLICATE [or TRIPLICATE - see below], EACH OF WHICH
SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL.
BRA4RandyS' TY TRACI THOMAS
BY: pG~ BY
County Judge Portia Smith
Full Title
BY: BY:
Doug Vance Civil Divisi n, B azos C my
Chief Probation Officer
Brazos County Juvenile Services Department
v~~la5 ~E~~ 5a
BRAZOS COUNTY JUVENILE SERVICES
BUSINESS ASSOCIATE AGREEMENT
A. Acknowledgment of HIPAA Obligations and Other Regulations Implementing the
Health Insurance Portability and Accountability Act of 1996 (42 U S.C. &1320(d)
("HIPAA"). The parties acknowledge that federal regulations relating to the
confidentiality of individually identifiable health information require covered
entities to comply with the privacy standards adopted by the U.S. Department of
Health and Human Services as they may be amended from time to time, 45 C.F.R.
parts 160 and 164, subparts A and E ("the Privacy Rule") and the security
standards adopted by the U.S. Department of Health and Human Services as they
may be amended from time to time, 45 C.F.R. parts 160, 162 and 164, subpart C
("the Security Rule"). Collectively, the Privacy Rule and the Security Rule are
referred to herein as "HIPAA Rules." The HIPAA Rules, as well as any
applicable state confidentiality laws, require Covered Entity to ensure that
business associates who receive confidential inforniation in the course of
providing services on behalf of Covered Entity comply with certain obligations
regarding the confidentiality of health information. "Covered Entity" and
"Business Associate" are defined in the HIPAA Rules, and for the purposes of this
Agreement, shall refer to Brazos County Juvenile Services and Service Provider,
respectively.
B. Purposes for which Protected Health Information May Be Used or Disclosed. In
connection with the services provided by Business Associate on behalf of Covered
Entity pursuant to this Agreement, Covered Entity may use and disclose protected
health infornation ("PHI"), as defined in the HIPAA Rules, to Business Associate
for the purposes of performing a court-ordered mental/psychological evaluation.
C. Business Associate Obligations. Business Associate agrees to comply with
applicable federal and state confidentiality and security laws, including, but not
limited to the Privacy Rule and Security Rule, including without limitation:
1. Use of PHI. Business Associate shall not use PHI except as necessary to
fulfill the purposes of this Agreement. Business Associate is permitted to
use and disclose PHI as necessary for the proper management and
administration of Business Associate or to cant' out its legal responsibilities
and its responsibilities under this Agreement. However, Business
Associate shall in such case:
(a) provide training to members of its workforce regarding the
confidentiality requirements in the HIPAA Rules and this
Agreement,
(b) obtain reasonable assurances from the person to whom the
information is disclosed that it will be held confidential and further
~ut ld5 53
used and disclosed only as required by law or for the purpose for
which it was disclosed to the person or entity;
(c) agree to notify the Covered Entity of any instances of which it is
aware in which the PHI is used or disclosed for a purpose that is not
otherwise provided for in this Agreement or for a purpose not
expressly permitted by the HIPAA Rules; and
(d) ensure that all disclosures of PHI are subject to the principle of
"minimum necessary use and disclosure," i.e., only PHI that is the
minimum necessary to accomplish the intended purpose of the use,
disclosure, or request may be disclosed.
2. Disclosure to Third Parties. If Business Associate discloses PHI received
from Covered Entity, or created or received by Business Associate on
behalf of Covered Entity, to agents, including a subcontractor, Business
Associate shall require the agent to agree to the same restrictions and
conditions that apply to Business Associate under this Agreement.
Business Associate shall ensure that any agent, including a subcontractor,
agrees to implement reasonable and appropriate safeguards to protect the
confidentiality, integrity, and availability of the electronic PHI that it
creates, receives, maintains, or transmits on behalf of the Covered Entity.
Business Associate shall be fully liable to Covered Entity for any acts,
failures or omissions of the Agent in providing the services as if they were
Business Associate's own acts, failures or omissions, to the extent
permitted by law. Business Associate further expressly warrants that its
Agents will be specifically advised of, and will comply in all respects with,
the terms of this Agreement.
3. Data Aggregation. In the event that Business Associate works for more
than one Covered Entity, Business Associate is permitted to use and
disclose PHI, but only in order to analyze data for permitted health care
operations, and only to the extent that such use is permitted under the
HIPAA Rules or the issuing court's orders.
4. De-identified Information. Use and disclosure of de-identified health
information is permitted, but only if (i) the precise use is disclosed to
Covered Entity and permitted by Covered Entity in its sole discretion and
(ii) the de-identification is in compliance with 45 CFR §164.502(d), and
any such de-identified health information meets the standard and
implementation specifications for de-identification under 45 CFR
§164.514(a) and (b).
5. Notice of Privacy Practices. Business Associate shall abide by the
limitations of any Notice of Privacy Practices ("Notice") published by the
Covered Entity of which it has knowledge. Covered Entity shall provide to
L 05
Business Associate such Notice when it is adopted. Any use or disclosure
permitted by this Agreement may be amended by such Notice. However,
the amended Notice shall not affect permitted uses and disclosures on
which Business Associate relied prior to such notice.
6. Withdrawal of Consent or Authorization. In the absence of applicable court
orders governing the Business Associate's responsibilities, if the use or
disclosure of PHI in this agreement is based upon an individual's specific
consent or authorization for the use of his or her PHI, and the individual
revokes such consent or authorization in writing, or the effective date of
such authorization has expired, or the consent or authorization is found to
be defective in any manner that renders it invalid, Business Associate shall,
if it has notice of such revocation, expiration or invalidity, to cease the use
and disclosure of any such individual's PHI except to the extent it has
relied on such use or disclosure, or where an exception under the Privacy
Rule expressly applies.
7. Use or Disclosure That Would Violate HIPAA. Business Associate is
prohibited from further use or disclosure of PHI in a manner that would
violate the requirements of the HIPAA Rules if the PHI were used or
disclosed by the Covered Entity.
8. Safeguards. Business Associate shall maintain appropriate safeguards to
ensure that PHI is not used or disclosed other than as provided by this
Agreement or as Required by Law. Business Associate shall implement
administrative, physical and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of any
electronic PHI it creates, receives, maintains, or transmits on behalf of
Covered Entity.
9. Records Management. Upon termination of this Agreement, Business
Associate agrees to return or destroy all PHI received from Covered Entity
that Business Associate maintains in any form and shall comply with
federal and state laws as they may be amended from time to time governing
the maintenance or retention of PHI. If the return or destruction of PHI is
not feasible, Business Associate agrees to extend the protections of this
Agreement to the information and limit further uses and disclosures to
those purposes that make the return or destruction of the infonnation
infeasible.
10. Individual RiiZhts Regarding Designated Record Sets. If Business
Associate maintains a designated record set (as defined in the HIPAA
Rules) on behalf of Covered Entity, Business Associate agrees as follows:
(a) Correction of PHI. Business Associate agrees that it will amend PHI
maintained by Business Associate as requested by Covered Entity.
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(b) Individual Right to Copy or Inspection. Business Associate agrees
that, if it maintains PHI in a designated record set for the Covered
Entity, it will permit an individual to inspect or copy PHI about the
individual in that set under conditions and limitations required under
45 CFR § 164.524. The Covered Entity is required to take action on
such requests as soon as possible but not later than 30 days
following receipt of the request. Business Associate agrees to make
reasonable efforts to assist Covered Entity in meeting this deadline,
to the extent the requested information is maintained by Business
Associate and not the Covered Entity.
The information shall be provided in the form or format requested, if
it is readily producible in such form or format; or in summary, if the
individual has agreed in advance to accept the information in
summary form. A reasonable, cost-based fee for copying health
information may be charged.
(c) Individual Right to Amendment. Business Associate agrees, if it
maintains PHI in a designated record set, to make amendments to
PHI at the request and direction of Covered Entity pursuant to 45
CFR §164.526. If Business Associate maintains a record in a
designated record set that is not also maintained by Covered Entity,
Business Associate agrees that it will accommodate an individual's
right to have access to and amend PHI about the individual in a
designated record set in accordance with the Privacy Rule set forth at
45 CFR §164.526, unless the regulation provides for a denial or
exception that applies.
11. Accounting of Disclosures. Business Associate agrees to make available to
the individual and/or the Covered Entity from whom the PHI originated,
information required for an accounting of disclosures of PHI with respect to
the individual, in accordance with 45 CFR §164.528, and incorporating
exceptions to such accounting designated under the regulation. Such
accounting is limited to disclosures that were made in the six (6) years prior
to the request (not including any disclosures prior to the compliance date of
the Privacy Rule).
(a) Covered Entity is required to take action on such requests as soon as
possible but not later than 60 days following receipt of the request.
Business Associate agrees to use its best efforts to assist Covered
Entity in meeting this deadline.
(b) Such accounting must be provided without cost to the individual or
Covered Entity if it is the first accounting requested by an individual
within any 12 month period; however, a reasonable, cost-based fee
JL, ~
may be charged for subsequent accountings if Business Associate
informs the individual in advance of the fee and is afforded an
opportunity to withdraw or modify the request.
(c) Such accounting shall be provided as long as Business Associate
maintains the PHI.
D. Internal Practices, Books, and Records. Business Associate shall make available
its internal practices, books, and records relating to the use and disclosure of PHI
received from, created, or received by Business Associate on behalf of the
Covered Entity to the U.S. Department of Heath and Human Services or its agents
for the purpose of determining the Covered Entity's compliance with the HIPAA
Rules, or any other health oversight agency, or to the Covered Entity.
E. Indemnification. To the extent permitted by law, Business Associate agrees to
indemnify and hold harmless Covered Entity from and against all claims,
demands, liabilities, judgments or causes of action of any nature for any relief,
elements of recovery or damages recognized by law (including, without limitation,
attorney's fees, defense costs, and equitable relief), for any damage or loss
incurred by Covered Entity arising out of, resulting from, or attributable to any
acts or omissions or other conduct of Business Associate or its agents in
connection with the performance of Business Associate's or its agents' duties
under this Agreement. This indemnity shall apply even if Covered Entity is
alleged to be solely or jointly negligent or otherwise solely or jointly at fault;
provided, however, that a trier of fact finds Covered Entity not to be solely or
jointly negligent or otherwise solely or jointly at fault. This indemnity shall not be
construed to limit Covered Entity's rights, if any, to common law indemnity.
Covered Entity shall have the option, at its sole discretion, to employ attorneys
selected by it to defend any such action, the costs and expenses of which shall be
the responsibility of Business Associate. Covered Entity shall provide Business
Associate with timely notice of the existence of such proceedings and such
information, documents and other cooperation as reasonably necessary to assist
Business Associate in establishing a defense to such action.
These indemnities shall survive termination of this agreement and Covered Entity
reserves the right, at its option and expense, to participate in the defense of any
suit or proceeding through counsel of its own choosing.
F. Mitigation. If Business Associate violates this Agreement or the HIPAA Rules,
Business Associate agrees to mitigate any damage caused by such breach.
G. Rights of Proprietary Infonnation. The Covered Entity retains any and all rights to
the proprietary information, confidential information, and PHI it releases to
Business Associate.
t 67
H. Termination for Breach. Without limiting the termination provisions herein, if
Business Associate breaches any provision in this Section entitled "Use and
Disclosure of PHI", Covered Entity may, at its option, access and audit the
records of Business Associate related to its use and disclosure of PHI, require
Business Associate to submit to monitoring and reporting, and such other
conditions as Covered Entity may determine is necessary to ensure compliance
with this Article; or Covered Entity may terminate this Agreement on a date
specified by Covered Entity.
1. Reference. Any reference in this Section entitled "Use and Disclosure of PHI"
means the section of the Privacy Rule or the Security Rule, as applicable, as in
effect or as amended.
J. Amendment. Business Associate and Covered Entity agree to take such action as
is necessary to amend this Section entitled "Use and Disclosure of PHI" from time
to time in order to allow Covered Entity to comply with the HIPAA Rules and any
applicable state confidentiality laws.
K. Precedent and Ambiguity. If any term of this Section entitled "Use and Disclosure
of PHI" conflicts with another tern of this Agreement, the term contained in this
Section shall be controlling. Any ambiguity in this Section entitled "Use and
Disclosure of PHI" shall be resolved to permit Covered Entity to comply with the
HIPAA Rules.
L. Survival of Key Provisions. The provisions of this Section entitled "Use and
Disclosure of PHI" shall survive the termination of this Agreement.
Accepted:
?Business Associate
WORK ASSIGNMENT SUPPLEMENT (Gas)
This Work Assignment Supplement is entered into effective July 8, 2009, by and between C.C.B. Construction & Associates,
Inc. ("CONTRACTOR"), Brazos County ("DEVELOPER"), and Atmos Energy Corporation ("COMPANY").
PERFORMANCE OF WORK - CONTRACTOR will perform the work identified herein (the "Work") as authorized by
COMPANY, pursuant to the terms and conditions in the Assigned Task Agreement between COMPANY and
CONTRACTOR, which Agreement is incorporated herein by reference. When and as expressly authorized by COMPANY,
and notwithstanding any provision to the contrary in the above-referenced Assigned Task Agreement, DEVELOPER will,
without contribution from or obligation on the part of COMPANY, pay CONTRACTOR the full and complete cost of the
Work, as mutually agreed between CONTRACTOR and DEVELOPER.
SCOPE OF WORK - CONTRACTOR will perform the Work in accordance with the Scope of Work Attachment and the
drawings, specifications, and instructions, if any attached hereto, and identified in the List of Attachments set forth herein.
.DEVELOPER will have the right, at all times, to instruct CONTRACTOR to construct the Work in accordance with the
Scope of Work Attachment, but DEVELOPER has no obligation to supervise CONTRACTOR in the performance of the
Work.
CONTRACTOR will, in consultation with DEVELOPER, assume full responsibility for investigating conditions of any
property or facilities at or with respect to which Work will be performed, for the purpose of evaluating and determining the
existence and magnitude of any hazards resulting from such Work to such property, or to the property of DEVELOPER, or to
the property or physical well-being of any of DEVELOPER's employees or agents, and CONTRACTOR and/or
DEVELOPER, as appropriate, will ensure that DEVELOPER's and CONTRACTOR's employees and agents are advised of
and fully understand the nature of such hazards and safety precautions that can be taken to eliminate or minimize the dangers
relating to such hazards.
ACCEPTANCE OF WORK - Upon inspection and acceptance by COMPANY's inspector of the Work ("Final
Acceptance"), DEVELOPER will execute and deliver to COMPANY a Bill of Sale and Assignment substantially in the form
attached hereto and made a part hereof, conveying the Work to COMPANY. In addition, if the Work is not located under
public rights-of=way, DEVELOPER will grant to COMPANY an easement over the Work, which easement will be
substantially in the form of the easement attached hereto and made a part hereof. It is understood and agreed that the transfer
of the Work installed pursuant to this Agreement, and the granting of any easements to COMPANY hereunder, will be at no
cost to COMPANY whatsoever.
DEVELOPER must notify COMPANY's Project Manager at least five days prior to commencement of construction.
INVOICES - All invoices will be sent to DEVELOPER at the following address:
Address: 200 S Texas Ave Suite 352. Bryan, Texas 77803
LIST OF ATTACMIENTS - COMPANY, DEVELOPER, and CONTRACTOR agree that the following described
attachments, if any, are incorporated herein in their entirety.
1. Scope of Work Attachment 3. Form of Bill of Sale and Assignment
2. Design Layout of Facilities 4. Form of Easement
CONTRACTOR: C.C.B CONSTRUCTION & ASSOC. ATMOS EN RGY CORPORATION
r
By: V Cf2t-_7rjN1TGl By:
Name: Victor Zuniga Name: Kimberly
Title: Vice President Title: Senior Engineer
DEVELOP B Y~
By:
Name: 2
1
Title:
VOL 05 PAGE 59
WORK ASSIGNMENT SUPPLEMENT
SCOPE OF WORK ATTACHMENT
Project # 080.27515
SUBDIVISION & PHASE: Brazos County Detention Center Expansion
NUMBER OF LOTS: 1
DEVELOPER REQUIREMENTS: GAS MAIN EXTENSION
ALLEY DISTRIBUTION:
CONTRACTOR will install all gas main(s), service taps, and service line risers required,
as part or in furtherance of the Work. CONTRACTOR will be responsible for installing
facilities to COMPANY specifications including, but not limited to, those pertaining to
tracer wire, test stations, etc.
FRONT LOT DISTRIBUTION:
CONTRACTOR will install all gas main(s), service taps, and service stubs to 10 feet
inside the property line of each lot or tract within the Scope of Work. Curb marker
medallions and/or marker balls will be placed to mark all service stubs. CONTRACTOR
will be responsible for installing facilities according to COMPANY specifications
including, but not limited to, those pertaining to tracer wire, test stations, etc.
CONTRACTOR will be responsible for providing gas mains of the number, dimensions, and footages
specified below:
450 linear feet of 2" Poly lI Pipe
COMPANY will be responsible for the following:
1. Inspecting all work performed by CONTRACTOR in a reasonably timely manner.
2. Notifying DEVELOPER within a reasonable time after Final Acceptance of the Work by
COMPANY.
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Construction Documents
Brazos County Clerk
Records Management and Archive Plan
1. Background (Statutory History)
The 77th Texas Legislature passed HB 370 in 2001 to allow border county's to assess a
$5.00 Records Management and Preservation Fee for the preservation of older records
filed with the County Clerk. The 78th Legislature passed SB 1731 amending the original
legislation allowing all county's to collect this fee with Commissioner's Court approval.
The County Clerk is proposing to collect this fee at this time.
This legislation amends Local Government Code, Section 118.01 (e), to enable the
Commissioner's Court to adopt a Records Archive Fee for the preservation and
automation of previously filed and recorded real property and vital statistics records as
part of their regularly adopted annual budget.
II. Bill Summary
• Begins on approval of the County of Brazos 2009-10 Annual Budget. The fee
must be set and itemized in the county's budget as part of the budget preparation
process.
• Termination: The 79th Legislature extended this bill indefinitely.
• The $5.00 fee is assessed on any instrument, document, paper, or other record that
the County Clerk is authorized to accept for filing or recording (deed or official
public records, assumed names, marriage licenses, civil case filings).
• The fee may be used only to provide funds for specific records management and
preservation, including for automation purposes - in accordance with this
written plan.
• Changes to the plan must be approved by Commissioner's Court. The plan may
be modified as required.
HI. Purpose
Some of Brazos County official records have been computerized and automated in
electronic format since the late 1960s. The County Clerk's office is progressive in the
preservation of current records, utilizing the original Records Management Fee from
1991 forward. However, this funding has not been sufficient to electronically preserve
and restore the older documents that have a priceless historical value. In order to preserve
and enhance the integrity of the existing system for recording and preserving public
documents; the County Clerk seeks to preserve existing original records by restoring or
re-creating old volumes, digitizing older microfilm and paper records, re-indexing old
handwritten and typed indexed books and converting all older media into an electronic
format and importing this newly created data into the existing computer system.
IV. The overall goal and vision of the County Clerk's office is to:
• Modernize and upgrade old record systems in the office.
• Continue to add records and information to your existing computer system.
• Eliminate or reduce manual lookups and searches.
• Expedite record searching by having more records available for electronic
retrieval.
• Create a complete electronic records back-up for disaster recovery.
• Provide more public information to the citizens of the County via the
Intra/Internet.
• Continue to eliminate the need for paper records.
• Preserving original records by reducing daily usage.
• Reclaiming much needed space in the public records area.
V. Annual Revenue Estimate
Official Real Property Records 32,000/annually
Marriage Records 1,500/annually
Civil/Criminal Filings 400/annually
Total 33,900 Filings Annually X $ 5.00 = $169,500.00
VI. Restoration, Preservation and Automation Projects
Real Property Records: Projects include computerized re-indexing and converting all
real property records to electronic images and importing new records to the existing real
property computer system.
Phase 1:
Electronic conversion of 1999 to 1967 existing microfilm to images, matching to the
existing grantor/grantee index and importing to the computer and internet:
Approx 674,000 Instruments filed 1967 to 1999 Estimated $ 370,700
Phase 2:
Back conversion of 1966 to Volume A of Deed Records existing microfilm to
electronic images and loading to computer by Book, Volume and Page.
Approximately 1,167,000 images from 1966 to Volume A. Estimated $ 167,000
Re-indexing real property records from 1966 back to Volume A using the electronic
images of the original record books:
Data entry/conversion of approx 355,000 instruments. Estimated $ 608,000
. L ia5 &4
Phase 3:
Maps and Plats
Conversion/scanning and reindexing of all maps/plats and importing to existing computer
system.
Approximately 4,000 maps and plats Estimated $60,000
Phase 4:
Commissioner's Court Records
Electronic conversion and reindexing of all existing Commissioner's Court minutes and
importing this data to existing computer system in a searchable format.
Approximately 190,000 pages and 120,000 index entries Estimated $ 128,000
VIII. Length of Projects
It is estimated that these projects will take approximately 4 to 5 years to complete and
implement. Some projects maybe considered as on-going and paid monthly as revenue is
collected.
Summary
The Legislature has provided a means to raise revenue for the records management
and preservation of older county property and vital records. This "user" fee is an
alternative to raising taxes or spending general fund monies to accomplish these
important projects. This plan will be implemented in "phases" as money is accrued
and deposited into a special revenue account. The completion of the initial phases
will preserve the original records, provide more space in the public records area,
and continue to modernize the Clerk's office through available technology.
APPROVE
Sims, County Judge date
Jy a d 4',f t~ c . V
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Plan For Preservation and Restoration
of Archived Records
Presented by
Marc Hamlin
Brazos County District Clerk
August 14, 2009
Executive Summary
SB 1685 provides for a fee not to exceed $5.00 to be imposed for filing of a
suit, including an appeal from an inferior court, or a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party petition, in a district
court in the county.
The District Clerk's Office wants to take advantage of new legislation that is
designed to preserve archived records by adding an archive fee to each filing of a suit.
This fee is to be dedicated to that task. The majority of the permanent records in the
District Clerk's Office are paper based. These records are used by our office for the
public and are vulnerable to loss by wear and tear.
The purpose of this document is to define the restoration and preservation,
digital capture, storage, retention and management of archive records belonging to the
District Clerk. This Preservation and Restoration Records Plan is intended to be a
"Living Document". It will be updated as new products and procedures evolve. It is
the intent of the District Clerk to follow guidelines set by the Texas State Library and
Archives Commission.
Goal
The Goal is to capture and archive all cases prior to January 1, 1990, regardless
of media type they currently are in, as efficiently as possible. The District Clerk's
Office is also looking at restoring records, suspending or reducing deterioration of
public records, improving the public access to these documents in a manner that
reduces the risk of deterioration.
Scope
The scope of this document includes the following:
• All District Clerk records filed with the District Clerk before January
1, 1990.
• Plans to capture records electronically to improve public access.
• Plans to restore and preserve records with significant historical value.
• Future plans are to improve public and governmental access.
This document addresses the restoration and preservation needs of the District
Clerk Records Archive. No other departments are addressed.
The effective date of this Act is September 1, 2009, and expires September 1,
2014.
Inventory
Currently the District Clerk's Office holds over 100 record books which
includes indexes for Civil Cases, Divorces, Adoptions, Grand Jury Records, Felonies,
and Misdemeanors. The District Clerk's Office also has approximately 80 boxes of
historical cases many with historical significance. These cases include Civil, Divorce,
Adoptions, and Felonies.
Current Accessing Methods
Records prior to January 1, 1990 are accessed by the public through a request
to our office due to the cases not being imaged. Our office currently has to find the
Index for the records we are seeking to obtain the cause numbers before we can
physically pull the file to obtain copies for the public. These records are kept in our
storage facility at 200 S. Texas Ave., Bryan, TX 77803.
Restoration and Preservation Plan
Fiscal Year 2009-2010
It is the plan of the District Clerk's Office to scan a portion of the paper
documents in house, lease an additional scanner, and fund temporary full or part time
employees to capture all records filed in the District Clerk's Office prior to January 1,
1990. These images will be integrated into the existing District Clerk records and
retrieval systems and enhance the public's access to public records.
The District Clerk plans to award bid to an outside vendor to restore and
preserve all records with significant historical value. The restoration process will
ensure the legibility of these public documents for future generations.
Revenue collected and not expended in the fiscal year will be carried forward
and used on other archive projects.
Projected Revenue
The County Auditor estimates the revenue this will bring in approximately
$7,000.00 per year.
APPRO
F
L Ran ims, County Judge date
~ la5
i)F .ti
Proposed Fee Increase
For Preservation and Restoration
Of Archived Records
Presented by
Marc Hamlin
Brazos County District Clerk
August 14, 2009
Executive Summary
The District Clerk's Office wants to take advantage of new legislation that is
designed to preserve archived records by adding an archive fee to each filing of a suit.
This fee is to be dedicated to that task. The majority of the permanent records in the
District Clerk's Office are paper based. These records are used by our office for the
public and are vulnerable to loss by wear and tear.
With no cost to the county, these records can be preserved by adding an archive
fee to cover the cost of filming and restoring the paper based documents. In addition,
to filming and restoring the documents, future plans may call for the restoration of our
index books.
Introduction
Many of the District Clerks records are required to be maintained permanently
by state law. In order to preserve and maintain these documents, the District Clerk's
office stores and maintain these documents electronically. Most all documents prior
to January 1, 1990 are currently maintained only in paper form.
In order to reduce the cost to counties of the transition of the records from
paper form to electronic form, SB 1685 allows the commissioners court to adopt a
records archive fee of not more than $5 for filing of a suit, including an appeal from
an inferior court, or a cross-action, counterclaim, intervention, contempt action,
motion for new trial, or third-party petition, in a district or county court in the county
as part of the county's annual budget.
The District Clerk's office currently collects a records management fee for
maintaining and preserving current documents. In most cases, this fee is not sufficient
to also preserve and restore archived records. This new legislation is designed to
target archived records.
The effective date of this Act is September 1, 2009 and expires September 1,
2014.
Projected Revenue
. The County Auditor estimates the revenue this will bring in approximately
$7,000.00 per year.
A.PPRO D:
il. la5 ] Sims, County Judge date
S.B. No. 1685
AN ACT
relating to the creation of a district court records technology fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 51, Government Code, is amended by adding Section
51.305 to read as follows:
Sec 51.305. DISTRICT COURT RECORDS TECHNOLOGY FUND. (a) In this section:
(1) "Court document" means any instrument document paper, or other record that
the district clerk is authorized to accept for filing or maintenance.
(2) "Deterioration" means any naturally occurring process or a natural disaster that
results in the destruction or partial destruction of a court document.
(3) "Preservation" means any process that:
(A) suspends or reduces the deterioration of a court document; or
(B) provides public access to a court document in a manner that reduces the
risk of deterioration.
(4) "Restoration" means any process that permits the visual enhancement of a court
document including making the document more legible.
(b) The commissioners court of a county ma adopt a district court records archive fee of not
more than $5 for the filing of a suit including an appeal from an inferior court, or a cross-action,
counterclaim intervention contempt action motion for new trial or third-party petition in a district
court in the county as part of the county's annual budget The fee must be set and itemized in the
county's budget as part of the budget preparation process and must be approved in a public meeting.
The fee is for preservation and restoration services performed in connection with mamtammg a
district court records archive:
(c) The county treasurer, or the official who discharges the duties commonly delegated to the
county treasurer, in a county that adopts a fee under Subsection (b) shall establish a district court
records technology fund in the general fund of the county for deposit of fees paid under Section
51.317(f).
(d) Subject to Subsection (f), money generated from the fee imposed under this section may
be expended only for the preservation and restoration of the district court records archive.
(e) The district clerk shall designate the court documents that are part of the records archive
for purposes of this section The designation of court documents by the district clerk under this
subsection is subject to approval by the commissioners court in a public meeting.
(f) The district clerk in a county that adopts a fee under this section shall prepare an annual
written plan for the preservation and restoration of the district court records archive. The plan may
include a proposal for entering into a contract with another person for preservation and restoration
services The commissioners court shall publish notice of a public hearing an the plan in a
newspaper of general circulation in the county not later than the 15th day before the date of the
hearing After the public hearing the plan shall be considered for approval by the commissioners
court. Money in the district court records technology fund may be expended only as provided by the
plan All expenditures from the records technology fund must comply with Subchapter C Chapter
262, Local Government Code.
(g) If a county imposes a fee under this section a notice shall be posted in a conspicuous
place in the district clerk's office The notice must state the amount of the fee in the following form:
"THE COMMISSIONERS COURT OF (Insert name of county) COUNTY HAS
DETERMINED THAT A RECORDS ARCHIVE FEE OF $ Insert amount adopted b
commissioners court) IS NEEDED TO PRESERVE AND RESTORE DISTRICT COURT
RECORDS."
(h) Money remaining from the collection of fees imposed under this section after completion
of a district court records archive reservation and restoration project may be expended for records
management and preservation purposes in the manner provided by Section 51.317(d). The
commissioners court of a county may not impose a fee under this section after the district court
records archive preservation and restoration project is complete.
SECTION 2. Section 51.317, Government Code, is amended by amending Subsection (b)
and adding Subsections (b-2) and (f) to read as follows:
(b) The fees are:
(1) except as provided by Subsection (b-1), for filing a suit, including an appeal from
an inferior court, $50;
(2) for filing a cross-action, counterclaim, intervention, contempt action, motion for
new trial, or third-party petition, $15;
(3) for issuing a citation or other writ or process not otherwise provided for,
including one copy, when requested at the time a suit or action is filed, $8;
(4) for records management and preservation, $10, and
(5) in addition to the other fees imposed under this section, for filing a suit, including
an appeal from an inferior court or a cross-action counterclaim intervention contempt action
motion for new trial or third-party petition, the amount adopted by the county commissioners court,
not to exceed $5, for court records archiving.
(b-2) The fee imposed under Subsection (b)(5) does not apply to a filing by a state agency.
(f) The district clerk, after collecting a fee under Subsection (b)(5), shall pay the fee to the
county treasurer, or to an official who discharges the duties commonly delegated to the county
treasurer, for deposit to the district court records technology fund established under Section 51.305.
SECTION 3. Subchapter D, Chapter 101, Government Code, is amended by adding Section
101.06116 to read as follows:
Sec. 101.06116. ADDITIONAL DISTRICT COURT FEES: GOVERNMENT CODE. The
clerk of a district court shall collect a district court records archive fee of not more than $5 under
Section 51.317(b)(5), if adopted by the county commissioners court.
SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the
members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
The State of Texas, County of BRAZOS
We, the undersigned, as County Commissioners within and for Brazos County, and the
Honorable Randy Sims, County Judge of Brazos County, constituting the entire
Commissioners' Court of Brazos County, during a regular meeting of said Court have
examined the foregoing report and have caused an order to be entered upon the Minutes
of the Commissioners' Court of Brazos County approving said Report as presented and
submitted as true and correct by Kay Hamilton, Treasurer of Brazos County, as provided
for in the Revised Statutes of the State of Texas. (Texas Local Government Code,
114.026)
Witness my hand this 94 day of~ / ?-.n kip r--- ~ A.D. 2009
4triMcQueen
County Clerk, Coun y of BRAZOS, State of Texas
Examined and approved in open Commissioners' Court this _ day of
~T 2
andy Si Cou ty Judge
Lloyd Wass ann, Commissioner Precinct #1
Duane Peters, Commissioner Precinct #2
Kenny Mallard, Com i sioner Precin t 3
Irma Cawley, Co" ssron eecinct #4
Treasurer's Report for the MONTH of JULY 2009
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O O ti m N N N N N N N N N N 1°~1 P< C P vl b P F H
AUG 2 8 2009
raZC6
In the District Courts
of
Brazos County, Texas
ORDER REAPPOINTING COUNTY AUDITOR
BE IT REMEMBERED that the District Judges having jurisdiction in Brazos County, Texas,
having considered the reappointment of KATIE CONNER for the position of County Auditor of
Brazos County, Texas, do find that her reappointment would be in the best interest of this county.
IT IS THEREFORE ORDERED that KATIE CONNER is reappointed as County Auditor
of Brazos County, Texas, effective for a term of two (2) years beginning October 1, 2009, and ending
on September 30, 2011. The District Clerk of Brazos County, Texas shall record this action in the
minutes of these courts and certify a copy of this action to the Commissioners' Court of Brazos
County, Texas.
to
SIGNED this 2'3 day of August, 2009.
D. LANGLEY STEVE SMITH
residing Judge Presiding Judge
85"' District Court 361" District Court
RAVIS B. BRYAN III
Presiding Judge
272"' District Court
ACKNOW GE i
rv ~
Randy Sims ounty Judge date
THE STATE OF TEXAS. COUNTY OF BRAZOS
LMarc Hamlin, Clerk of the District of Brazos County, TexiI s,
30 hereby certify rhat the foregoing is a true and correct copy
A the original: this certi fie :>.lion reflects that the SSNs have been
sdacted in Cause No.
4TTEST: Marc Harnlin
NARCHAMLIN,District Clerk, Brazos County, Texas -
3y: , Deputy
:,7~
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