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HomeMy WebLinkAbout2010-03-16-6:00PM-REGULARBRAZOSCOUNTY BRYAN,TEXAS �_V 'i k'1111 n R � 2 A it): i) O I NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON 16 MARCH 2010 AT 6:00 P.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVENUE, SUITE 106, BRYAN, TEXAS. Invocation and Pledge of Allegiance — Commissioner Cauley. 2. Call for citizen's input and/or concerns. Consider and take action on agenda items 3 —16: 3. Budget Amendment 09/10 — 22.1 thru 22.5. 4. Personnel Change of Status. 5. Payment of Claims. 6. Brazos County Proclamation 10 -017, a joint proclamation with the Cities of Bryan and College Station, establishing 23 March 2010 as Kathy and Gene Joyce Day in affirmation that the quality of life in the Bryan/College Station community has been enriched by Kathy and Gene Joyce. 7. Funding Agreement with the Family Practice Foundation of the Brazos Valley, Inc. for funds awarded by the Brazos County Community Healthcare Endowment Fund (CHEF) Review Committee for FY 2009 -2010. 8. Request from Risk Management for authorization to purchase surplus generators with grant funds provided by Brazos Valley Council of Governments (BVCOG). Office of the County Judge • 200 South Texas Ave. • Suite 332 • Bryan, Texas 77803 . Fax: (979) 361 -4503 Vol. _�3a p (9q Commissioners Court Agenda 16 March 2010 Page 2 9. Commissioners Court minutes for the following 2010 dates: a. 2 February Regular Meeting d. 16 February Regular Meeting b. 9 February Regular Meeting e. 23 February Regular Meeting c. 15 February Joint Meeting 10. Request for consent following disclosure under Texas Disciplinary Rules of Professional Conduct 1.11 in which the lawyer, Bill Ballard Assistant County Attorney, passed upon the merits or otherwise participated personally and substantially as an adjudicatory official in Cause #297 -G, In the Matter of Kristin Soltis Jones. 11. Tax Refund Applications for the following: a. College Marketplace LP (2) b. Paradise Settlement Services LLC c. AJ's Mobile Homes d. Joe Courtney Homes, Inc. 12. Proposed Agenda Management Policy for posted meetings of the Brazos County Commissioners Court. 13. Capital Requisition #00028375 in the amount of $290.48 to Indy Glass Company for the purchase of a glass top for the desk previously ordered for the Precinct 4 Justice of the Peace. 14. Change Order to P.O. #10002187 in the amount of $7,888.00 to Greenway Constructors, Inc. for the replacement of additional ceilings and exterior painting of the Precinct 4 Justice of the Peace / Constable building. 15. Change Order to P.O. #10000026 in the amount of $3,700.00 to Rosser International for as -built drawings of the Jail Addition. 16. Request for permission to enter John and Luc Teague's property located off Ferrill Creek Road for the purpose of removing a dead tree that could possibly fall across the road; for the health, safety and welfare of the general public. Site is located in Precinct 2. 17. Announcement of interest items and possible future agenda topics. 18. Call for citizen input and/or concerns. 19. Agency / Board / Committee reports by Court members. 20. Adjourn VOL 3 't Pg• 7 Commissioners Court Agenda 16 March 2010 Page 3 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 decorum in speaking lo, 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: 1. cancellation of a speaker's 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 State 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. Vol. 13 ) Pa. 1-11 COMMISSIONERS' COURT REGULAR MEETING MARCH 16, 2010 A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Commissioners Courtroom in the Brazos County Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 6:00 p.m. on Tuesday, March 16, 2010 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, Absent. The attached sheet contains the names of the citizens and officials that were in attendance. Commissioner Cauley gave the invocation and led the pledge of allegiance. There was no citizen input /and or concerns. The first matter before the Court was Budget Amendment #09/10 -22.1 through 22.5, which would reallocate funds for General Improvement Fund -Road and Bridge, Information Technology Department; transfer funds from Reserve Fund Balance to Road and Bridge Contingency, from Capital Vol !3a Page lea Commissioners Court meeting March 16, 2010 2 Improvement Fund to Justice of the Peace, Precinct 4, from Contingency and Building Renovation to Justice of the Peace, Precinct 4. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted, a copy of which 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 Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the change of status as submitted. The Court next considered the following Claims as submitted by the County Treasurer for payment: 7072045 through 7072333 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. The next matter before the Court was consideration of a Proclamation honoring Kathy and Gene Joyce for their many years of volunteer work in the community. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to join with the cities of Bryan and College Station in affirming that the quality of life in the Vol 13A Page 1-13 Commissioners Court meeting March 16, 2010 3 Bryan /College Station community has been enriched by Kathy and Gene and that they have been the example for others in giving their time, talents and financial resources and proclaim March 23, 2010 as Kathy and Gene Joyce day through out Brazos County. The Court next considered a Funding Agreement with the Family Practice Foundation of the Brazos Valley, Inc. for funds awarded by the Brazos County Community Healthcare Endowment Fund (CHEF) Review Committee for FY 2009 -2010. The Family Practice Foundation of the Brazos Valley, Inc. will be receiving $37,000.00 in funds. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Funding Agreement with the Family Practice Foundation of the Brazos Valley, Inc. and authorized the County Judge to execute the document. A copy is attached. The next matter for consideration was a request from Risk Management for authorization to purchase surplus generators with grant funds provided by the Brazos Valley Council of Governments. Risk Management is requesting $15,000.00 of Grant funds for the purchase of at least five (5) skid mounted 25kv to 250kv generators from federal surplus. On motion by Commissioner Cauley, seconded by Vol l3JL, Page I�� Commissioners Court meeting March 16, 2010 4 Commissioner Wassermann, the Court voted unanimously to approve the request. The Court next considered approval of the minutes of the Commissioners' Court meetings held in February 2010 on the following dates: Regular Meetings - 2 nd 9 th 16 23 Joint Hearing - 15 On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the minutes as submitted. The next matter for consideration was a request for consent following disclosure under Texas Disciplinary rules of Professional Conduct 1.11 in which the lawyer, Bill Ballard Assistant County Attorney, passed upon the merits or otherwise participated personally and substantially as an adjudicatory official in Cause #297 -G, In the matter of Kristin Soltis Jones. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to grant the request for consent. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: Vol 13a Page 1,15. Commissioners Court meeting March 16, 2010 R a) College Marketplace LP (2), Over Payment $161.58, $24,196.27 b) Paradise Settlement Services LLC, Over Payment$70.61 c) AJ's Mobile Homes, over payment $27.53 d) Joe Courtney Homes, Inc., over payment $61.03 On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the tax refund applications. The Court next considered approval of the Agenda Management Policy. On motion by the County Judge, seconded by Commissioner Peters, the Court voted unanimously to approve the policy. Then after some discussion, Commissioner Mallard moved to make the policy document gender neutral. Commissioner Cauley seconded the motion and it carried unanimously. A copy is attached. The Court next considered capital requisition #00028375 in the amount of $290.48 to Indy Glass Company for the purchase of a glass top for the desk previously ordered for the Justice of the Peace, Precinct 4. Only $156.48 will come out of Capital funds. The remainder will be paid from the department's furniture budget. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The next matter for consideration was a change order to purchase order 410002187 in the amount of $7,888.00 to Greenway Vol 13d Page II ( Commissioners Court meeting March 16, 2010 Constructors, Inc. for the replacement of additional ceiling and exterior painting of the office of Justice of the Peace, Precinct 4. This change order increases the contract amount from $42,825.00 to $50,713.00. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the change order. The Court next considered a Change Order to purchase order #100000026 in the amount of $3,700.00 to Rosser International for as built drawings of the Jail addition. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the change order in the amount of $3,700.00. 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 John and Lue Teague on Ferrill Creek Road in Precinct 2 to remove a dead tree that could possibly fall across the road. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to authorize the work. There were no announcements of interest items and possible future agenda topics. Vol 13a Page I-7-7 Commissioners Court meeting March 16, 2010 Under citizen input and /or concerns, the following spoke: Mike Wilson, Chief Deputy a)There are 485 inmates in jail, 69 are on electronic monitors and 73 are awaiting electronic monitors. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Cauley a) Attended the NACo Legislative Conference in Washington D.C. last week and highlighted some of the topics discussed. Commissioner Mallard a) The Housing Finance Committee met last week and discussed a new bond program extending tax credits. b) He attended a Radio Tower meeting last Tuesday to discuss rebuilding the tower. The south tower is higher. County Judge a) Budget hearings will be scheduled June 7, 2010 through June 30, 2010. There being no further business to come before the Court, the meeting was adjourned. Vol 13A Page III - The foregoing minutes of the Commissioners Court meeting held March 16, 2010 have been examined and are approved in open Court this the _ day of /*j � 2010, in Bryan, Brazos County, 'texas./ Randy Sims County JV Duane Peters Commissioner, Precinct 2 Gbyeht Irma Cauley Commissioner, Precinct 4 Attest: K ��— Kar n McQueen County Clerk Lloyd TI&ssermann Commissioner, Precinct 1 Kenny Malla d Commissioner, Precinct 3 Vol , o Page 1 BRAZOS COUNTY COMMISSIONERS COURT Meeting on t /�i% IK ,2010@ Z Oc) Name Organization / Department U �Q 1xw we �wi C 1 U 1 r, . , v ZL PAGE / of / Vol. __.___ Pg. BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 22.1 thru 22.5 On this the 16 day of March 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding Lloyd Wassermann, Commissioner, Precinct 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 16 March 2010 the Court heard and approved a budget amendment for the 2009 -2010 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 21 September 2009, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 16` day of March 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Lm County Judge Original: County Clerk's Office and attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vo1. _1.R-- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 22.1 3/16/2010 . 111 .11111 . 1111_ � _ •: , 1 11 � 1 1111 _� .. . :. - , • 11 Ali ,Pre pr�v' Date' 3/4/2010 s t r_s Pg.__�� BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 22.2 3/16/2010 FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 63000500 80286000 DR Eq uipment-Other 5,996.00 0100 63000500 67890000 CR Vehicle Equipment 5,996.00 General Improvement Fund: Road & Bridge To reallocate funds to purchase 2 two heavy duty utility trailers for Road and Bridge out of the correct account. 1. � Pg.r - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 22.3 3/1612010 FUNDI DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 1140001001 51300000 1 CR Salary - Staff 28,346.00 0100 14000100 51610000 DR Hourly - Staff 28,346.00 Information Technology Division: To reallocate funds in the Information Technology Division for the reclassification of class code 1218 osition 1 Programmer Analyst II Group 23 ste 12 to class code 1217 position 2 Programmer Analyst I Group 23 tep 5. *This action was approved b the Commissionor's Court on 2/23/2010, Agenda item #6. Vol. 13 22 Pg IS BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 22.4 3116/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 24401100 60360000 CR Furniture 134.00 0100 91110000 DR Transfer to Capital Improvement Fund 134.00 4500 49028000 CR Transfer from General Fund 134.00 4500 63000500 67342000 DR Furniture 134.00 Justice of the Peace Pct #4: Batchelor and Capital Improvement Fund To reallocate funds to allow for the cost of desk top glass. Vol. 13 a pg. I --- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 22.5 3/16/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency - General Fund 713.00 0100 91110000 DR Transfer to Capital Improvement Fund 713.00 4500 49028000 CR Transfer from General Fund 713.00 4500 63000500 80101006 DR Bld Renov. - JP 4 & Const 4 713.00 General Fund Contingency and Bldg Renov - JP Pct4 & Const Pct #4 To reallocate additional funding to provide for the replacement of additional ceiling and exterior painting of the of the JP Pct. #4 and Constable Pct. #4 buildin . The original budget for this project : 50,000.00 Less Contractor - 42,825.00 Balance Remining in Project 7,175.00 Additional requesting for ceiling and exterior paint.: 7,888.00 Additional funding request: 7]3.00 Vol. l 3 A Pg. ( X( PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: March 16, 2010 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 Courthouse Security Spradlin, Michael Todd Reclassify Position Expo Complex Glover, John Lansdown, Trevor Resignation Promotion SO —Admin Ballew, Samuel Hines, Scott Losak, Jerome Ramirez, Edward Smith, Terry Approved in Commissioners' Court: March 16, 2010: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Reclassify Position Reclassify Position Promotion Reclassify Position Reclassify Position 0 BRAZOSCOUNTY ' COMMUNITY HEALTHCARE ENDOWMENT FUND 201 NORTH TEXAS AVENUE • BRYAN, TEXAS 77803 -5317 979/361 -4440 • Fax 979/823 -2275 FUNDING AGREEMENT This contract is entered into this 3 day of November 2009, by and between Brazos County Texas acting by and through its duly elected Commissioners Court (herein the "County"); and Family Practice Foundation of the Brazos Valley, Inc. ( "Family Practice ") or ( "Recipient'). Whereas the County was awarded $2.15 million dollars in monies from the State of Texas Tobacco Settlement of 1998; and Whereas, the County created a fund to be known_ as the Brazos County Community Health Care Endowment Fund (CHEF) to hold such monies and out of which the County will fund health service programs in the County; and Whereas the County Commissioners Court appointed a citizens committee to review and determine those health service agencies most deserving of contributions from such Fund; and Whereas Family Practice has qualified for such contributions and is agreeable to the conditions placed upon the expenditure of these funds by the County. NOW THEREFORE KNOW ALL BY THESE PRESENTS THAT for and in consideration of the mutual covenants, restrictions, and promises herein contained, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. The term of this Agreement is for one (1) year commencing on the date above stated. 2. The County will make available to Family Practice under conditions herein stated, the sum of thirty -seven thousand and no /100 dollars ($37,000.00), payable in four (4) equal quarterly installments for use in implementing the programs and achieving the goals set forth in Parts 2A and 2C of the Funds Request Application filed by Family Practice to receive monies from CHEF, which is attached hereto and made a part hereof for all purposes. 3. The first quarterly installment due hereunder shall be paid to Family Practice around October 1, 2009. Thereafter, if the remaining quarterly payments are to be funded, the programs described in paragraph 2 above must be implemented on or before March 1, 2010. Should Family Practice VOL �g Pg. ---fd - fail to qualify for the remaining quarterly payments, the County shall have the right, in its sole discretion to seek reimbursement of any or all quarterly payments. 4. (a) Family Practice shall submit to the Brazos County Auditor, on a quarterly basis, a Community Healthcare Endowment Fund Quarterly Report form. Failure to achieve, implement and carry out the purposes for which the money was awarded, demonstrated by the information supplied in such Quarterly Report, shall permit the County to withhold, temporarily or permanently, any installment of funds due hereunder until compliance is achieved. Should Family Practice fail to qualify for the remaining quarterly payments, the County shall have the right, in its sole discretion to seek reimbursement of any or all quarterly payments. The determination of whether Family Practice has fulfilled its commitment, as described in paragraph 2 above, shall be made in the sole discretion of the Commissioners Court. (b) If the Recipient forecasts or realizes a surplus, the County may adjust the amount of funding to be paid and/or require repayment of any excess funding and/or adjust the amount of any future award or allotments (c) Recipient acknowledges that settlement and recovery funding can occur up to seven (7) years after the provision of funding. 5. The monies awarded hereunder shall be used to fund programs, which restrict participation to Brazos County residents. Failure to adhere to such restrictions shall constitute a breach of this Agreement, upon which breach the County may terminate this Agreement, without further liability. 6. If Brazos County terminates a grantee's funding agreement due to agency failure to comply with contract terms or a grantee chooses to terminate the contract for any reason, the affected agency will be prohibited from applying for healthcare funds for one year from the date of the contract termination. 7. Family Practice shall give the County access to all books, accounts, records, files or other papers belonging to or in use by Family Practice pertaining to the CHEF funds referenced in this Agreement. Failure to provide access to this information shall constitute a breach of this Agreement, upon which breach the County may terminate this Agreement, without further liability. 8. It is understood and agreed that the participation by the County in Family Practice programs is limited to the contribution of monies. The County at no time shall be liable for the acts or omissions of Family Practice, its administration board, its agents or employees. VoI. l $� 9. Family Practice shall and does hereby hold harmless the County from any and all loss, cost, claims, damages or expenses of any kind, nature or description that arise out of or in connection with this Agreement. 10. Subcontracting for the Provision of Services. (a) The Recipient agrees that it will not subcontract the fulfillment of all or any part of the Recipient's obligations under this Agreement without the prior written consent of the County. Such consent will be in the sole discretion of the County and may be subject to additional terms and conditions. (b) If the Recipient is permitted to subcontract the provision of the Services, it will make reasonable efforts to include in its subcontract (i) provisions that permit the County and the County Auditor to audit the subcontractor to the same extent as set out in provisions and of this Agreement; (ii) other provisions necessary for the Recipient to fulfill its obligations under this Agreement; (iii) a provision that enables the subcontract to be assigned in the event that this Agreement is terminated; and (iv) a provision that permits the County to revoke approval of the subcontractor without legal liability to either the Recipient or the subcontractor. (c) If permitted to use subcontractors, the Recipient will remain liable for obligations performed by a subcontractor to the same extent as if it had performed such obligations. For the purpose of this Agreement work performed by the Recipient's subcontractor will be deemed work performed by the Recipient. (d) Nothing contained in this Agreement or a subcontract will create a contractual relationship between any subcontractor or its directors, officers, employees, agents, partners, affiliates or volunteers and the County. 11. Conflict of Interest. The Recipient will (a) avoid any Conflict of Interest in the performance of its contractual obligations; (b) disclose to the County without delay any actual or potential Conflict of Interest that arises during the performance of its contractual obligations; and (c) comply with any requirements prescribed by the County to resolve any Conflict of Interest. In addition to all other contractual rights or rights available at law or in equity, the County may immediately terminate the Contract upon giving notice to the Recipient where: (a) the Recipient fails to disclose an actual or potential Conflict of Interest; (b) the Recipient fails to comply with any requirements prescribed by the County to resolve a Conflict of Interest; or (c) the Recipient Conflict of Interest cannot be Vol. _! 2 -- P& resolved. This paragraph will survive any termination or expiration of the Agreement. 12. (a) Document Retention and Record Maintenance. The Recipient agrees: (i) that it will retain all records related to the Recipient's performance of its obligations under this Agreement for seven (7) years after the termination or expiration of the term of the Agreement. The Recipient's obligations under this paragraph will survive any termination or expiration of the Agreement; (ii) all financial records, invoices and other financially- related documents relating to the Funding or otherwise to the Services will be kept in a manner consistent with generally accepted accounting principles and clerical practices; and (iii) all non - financial documents and records relating to the Funding or otherwise to the Services will be kept in a manner consistent with all Applicable Law. b. Disclosure of Information. The Parties will treat Confidential Information as confidential and will not disclose Confidential Information except or under the Freedom of Information Act, or the Texas Public Information Act which the Recipient acknowledges applies to the County. C. Transparency. The Recipient will post a copy of this Agreement in a conspicuous public place at its sites of operations to which this Agreement applies and on its public website, if the Recipient operates a website. 13. (a) Notice. A Notice will be in writing; delivered personally, by telefacsimile, registered or certified United States mail or by pre -paid courier; and, addressed to the other Party as provided below or as either Party will later designate to the other in writing: To the COUNTY: To the RECIPIENT: Family Practice Foundation of the Brazos Valley 200 S. Texas Avenue, Suite 332 1301 Memorial Drive, Suite 200 Bryan, Texas 77803 Bryan, Texas 77802 Attention: Judge Randy Sims Attention: David A. McClellan, M.D. Program Director Notices Effective From. A Notice will be effective at the time the delivery is made if the Notice is delivered personally, by pre -paid courier or, otherwise, when received. Vol. 13A Pg. /01 14. Recipient agrees to respect and protect the civil and legal rights of County, citizens and patients. It will not unlawfully discriminate against any employee, prospective employee, citizen, or patient on the basis of age, race, sex, religion, disability or national origin. Recipient shall abide by all applicable federal, state and local laws and regulations. 15. No officer, employee or agent of Recipient 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 related to the Agreement 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. 16. Recipient 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 the County. 17. 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. 18. 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. 19. Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. 20. 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 bad never been contained therein. 21. 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. 22. The County may amend, modify or alter the terms of this Agreement and specify an effective date thereof. The County will then notify Recipient in writing, dated subsequent to the date hereof, of such changes and their effective Vol. 1132 p NA date. If Recipient declines to accept changes made by County, Recipient may terminate this Agreement and return any funding not previously expended. This agreement shall be interpreted in accordance with the laws of the State of Texas. The parties herein agree that the performance of this Agreement shall be in Brazos County, Texas. This Agreement represents the entire agreement of the parties and supersedes any prior written or verbal understanding or representation. Family Practice represents and warrants that the person executing this Agreement on its behalf has the legal authority to sign this Agreement and bind the agency to its terms. M Date: ' / ho FAMILY P CTICE FOUN RAZOS VALLEY, INC. By: �6' r David A. McClellan, M.D. Title: Program Director Vol. 13 2 Date: P 1 U ,.,. RODNEY W. ANDERSON COUNTY ATTORNEY BRAZOS COUNTY, TEXAS Telephone (979) 361 -4300 FAX (979) 361 -4357 Brazos County Courthouse 300 E. 26th St. STE. 325 Bryan, Texas 77803 -5327 Re: In the Matter of Kristin Soltis Jones, an Incapacitated Person, #297 -G, County Court at Law No. 1 Dear Brazos County Commissioners Court, On March 3, 2010, I appeared in court during purpose of discerning the intent of a paragraph in fees for "mental health professionals." hearing on the above referenced case for the the ad litems motion concerning the payment of As an Assistant County Attorney, I represent Brazos County before the courts of this state. In 2004, I served as an appointed, temporary judge of County Court at Law No. 1 and during my tenure, I heard and approved the petitioner's motion for temporary guardianship, approved the permanent guardianship, appointed an attorney ad litem and approved fees associated with this case. After the appointment, I returned to my duties as Assistant County Attorney and it is my intention to represent Brazos County in this cause. However, precedent to my representation of Brazos County in this cause, I must disclose my personal and substantial participation as an adiudicatory official disclose that I will represent Brazos County in this proceeding and await the consent of all parties. If you consent please note this by your signature below. Sincerely, Bill Ballard Assisstant county attorney Randy Michel, attorney ad litem Soltis, parent and permanent guardian of Kristen Soltis Randy Sims, for Brazos County following consideration by the County cc: Randy Sims Vol. 139 pg 194 �i T 1 y � &)/P, 11 Agenda Management Policy Brazos County, Texas Prepared By; omw of the County Judge Brazos County Version 1.0 3/16/2010 Vol. 13 Z Pg. / Ira Table of Contents 1 .0 Purpose .............................................................................. .............................. 2 .0 Scope ................................................................................ ............................... 2 3 .0 Roles and Responsibilities ................................................ ............................... 2 3.1 County Judge ............................................................................... .............................. 3.2 County Commissioners .................................................................. .............................. 3.3 Assistant to the County Judge ........................................................ .............................. 3.4 Auxillary Review Departments ........................................................ .............................. 3.5 County Clerk ................................................................................. .............................. 4.0 Compliance and Training ................................................... ............................... Y 5 .0 Policy Amendment ............................................................. .............................. 6.0 Glossary ............................................................................ ............................... 5 ?; Vol. 1 jq --- Pg. � 1.0 Purpose The Brazos County, Texas (the County) Commissioners Court (the Court) establishes the framework of rules and guidelines for the submission of agenda items for the Court's agenda, and the preparation of all Court posted agenda and meeting notices both with the current system and with the implementation of the electronic Agenda Management Program. This Policy ensures the satisfaction of legal obligations, statutory requirements, and operational needs for the preparation and posting of regular meeting agenda and all other posted meeting notices and agenda for the Brazos County Commissioners Court. 2.0 Scope This Policy and subsequent policies, procedures, and deadlines adopted under the Agenda Management Policy and in preparation for the implementation of the electronic Agenda Management Program apply to: All agenda items submitted for presentation, action or acknowledgement on a posted agenda of the Brazos County Commissioners Court; • All elected officials, appointed officials, department heads, and their agent(s) who submit an item for the Court's approval, and /or request a posted Commissioners Court meeting other than a regular meeting; All outside agencies, governmental entities, and their agent(s) who submit an item for the Court's approval, and /or request a posted Commissioners Court meeting other than a regular meeting. This Policy is established and maintained by the County Judge's Office and the Brazos County Commissioners Court, and supersedes all previous agenda management policies, procedures, or standards intended to apply to the subject matter of this Policy. 3.0 Roles and Responsibilities All references in this Policy designate both sexes, and wherever either gender is used, it shall be construed to include both female and male. 3.1 County Judge • The County Judge as the County's Chief Executive Officer, or his agent, is responsible for the following as they relate to the production and posting of Commissioners Court meeting notices and agenda: • Oversees the content and production of all posted Commissioners Court meeting notices and agenda; Implements and enforces the deadlines for timely submission of items for the agenda, and auxiliary deadlines for review of agenda items by the appropriate office(s), if required, before an agenda item can be accepted for the agenda; Vol. _ 33 Pg.--- ' �� • Acknowledges the following deadlines currently in place by other offices for agenda items that must first be submitted to these offices and reviewed before they can be placed on the agenda; all specific deadlines are for the week prior to any scheduled Court date: Human Resources (personnel action forms): Wednesday at 12:00 noon; Budget Office: Wednesday at 5:00 p.m.; Treasurer's Office (payment authorizations): Thursday at 12:00 noon; Civil Division, County Attorney's Office: Depends on length and complexity of document. Departments with agenda items that require Civil Division's review are strongly encouraged to work with Civil throughout the development of those documents; Agenda Deadline (all agenda items): Thursday at 12:00 noon; and Reserves the right to remove an item from the agenda prior to posting if the supporting documentation cannot be made available to the Court by the agenda deadline, or if the Court is not prepared to consider it at that time. 3.2 County Commissioners • Any County Commissioner may submit an agenda item for placement on the Commissioners Court agenda. As a member of the Court, a Commissioner is responsible for the following as they relate to the production and posting of all Commissioners Court meeting notices and agenda: • Enforces the deadlines outlined above for the appropriate review and timely submission of items for the agenda; • Ensures that any agenda item they submit has been reviewed by the appropriate office(s), if such review is required, before submitting it for the agenda. 3.3 Assistant to the County Judge • The Assistant to the County Judge, as the County Judge's agent, is responsible for the following as they relate to all posted Commissioners Court meeting notices and agenda: • Prepares all official Commissioners Court meeting notices and agenda, and submits them to the County Clerk's Office to be file stamped and posted on the outdoor public bulletin board of the Brazos County Courthouse a minimum of 72 hours prior to the meeting; • Assembles packets of all agenda supporting documents for the County Judge (originals for his review prior to Court, and for his signature after approval in Court) and each Commissioner (copies for their review until implementation of the Agenda Management Program, after which they will review the agenda and supporting documents electronically with the option to print hard copies as needed); • Posts all Commissioners Court meeting notices and agenda on the County's website; • Sends all Commissioners Court meeting notices and agenda by fax and by electronic mail to local media and government contacts; I�� Vol. — 132 2 P l • Distributes and mails copies of each approved agenda item to the appropriate office(s) after Court; and Prepares the Court's permanent file of all agenda items considered for each regular session of Commissioners Court for submission to the Executive Assistant to the Commissioners Court, and for her use in the preparation of minutes for that Court meeting. 3.4 Auxiliary Review Departments • For purposes of the production and posting of Commissioners Court meeting notices and agenda, the auxillary review departments are those departments that are responsible for the review of certain types of agenda items specific to their area of expertise before the agenda item can be submitted for the agenda. Those departments are the following: Human Resources Civil Division, County Attorney's Office Budget Office Treasurer's Office Auxiliary review departments must meet the same agenda deadline of Thursday at 12:00 noon for submission of agenda items that have cleared their internal review, and must submit their agenda item with all supporting documents in final format for the item to be placed on the following week's agenda. The Assistant to the County Judge may reschedule an item for a later agenda if the supporting documents in final format cannot be provided to the County Judge's Office by the agenda deadline of Thursday at 12:00 noon. 3.5 County Clerk • The County Clerk or her agent is responsible for the following as they relate to the production and posting of Commissioners Court meeting notices and agenda: Receives all Commissioners Court meeting notices and agenda from the County Judge's Office, file stamps them and posts them on the outdoor public bulletin board of the Brazos County courthouse a minimum of 72 hours prior to the meeting; Sends each meeting notice and agenda bearing the original file stamp to the County Judge's Office for the permanent agenda file. 4.0 Compliance and Training The Commissioners Court agenda is considered closed at 12:00 noon on Thursday, after which the official agenda is prepared and posted; no further submissions for that agenda are accepted after that time. Anything submitted for the agenda after 12:00 noon on Thursday is automatically scheduled for a later Court date. 4 19 Vol. - PS• • Department Heads are responsible for insuring that his /her staff understands and works within the deadlines for the review and submission of agenda items, and what if any auxiliary review(s) may be required prior to submission for the agenda. • Failure to work within those deadlines on the department's part does not constitute an emergency for which an exception to this policy should be expected. • Upon implementation of the Agenda Management Program, Department Heads are responsible for making sure their staff receives appropriate training so that they understand how to utilize that system when it becomes operational. • Each County department is responsible for implementing this Policy and ensuring ongoing compliance with it, and any related procedures or guidelines issued by the County Judge's Office. 5.0 Policy Amendment • This Policy is subject to change and will be reviewed annually to determine changes in legal, regulatory, or operational requirements for management of Commissioners Court meeting notices and agenda in accordance with current statutory requirements. 6.0 Glossary The following definitions shall apply in the application of this Program. "Agenda Item shall mean any item with supporting documentation in final format submitted to the County Judge's Office or through the Agenda Management Program for consideration by the Brazos County Commissioners and presentation, action or acknowledgement in Court. "Auxiliary Review Department" shall mean those departments charged with the specialized review of specific types of agenda items before they can be submitted for the Commissioners Court agenda. "Department Head" shall mean any officer who is in charge of a department of Brazos County that creates or receives records. Posted Meeting shall mean any meeting notice and /or agenda submitted by the County Judge or his agent to the County Clerk's Office to be file stamped and posted on the outdoor bulletin board of the Brazos County Courthouse a minimum of 72 hours prior to the meeting and placed on the County's public website. "Final Format" shall mean the latest, complete, and final version of a document that is ready for the County Judge's signature upon approval by the Commissioners Court and distribution to all involved parties. "Agenda Manaqement Program" shall mean the program produced for the County by Novusolutions for the electronic submission of agenda items and supporting documents. Vol. 13 2 P g . a00 PASSED AND APPROVED THIS _�p_ DAY OF mn rcC— 20 ID . 'Randy Sims County Judge af�G(%%� �lll.�t�ZlGksr Commissfoner Lloyd Wassermann Precinct 1 Commissioner; ( Mallard Precinct J ATTEST: Commissioner Duane Peters Precinct 2 APPROVED AS TO FORM: Tina S elling, - 1 Division Counsel 6 Vol. 3 _--=_ pg.