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HomeMy WebLinkAbout2010-09-07-9:00AM-REGULARBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 7, 2010 AT 9:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Commissioner Mallard. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 26: 3. Proclamation 10-022 declaring October 2010 as Domestic Violence Awareness Month. 4. Order 10-015 prohibiting outdoor burning in Brazos County for ninety (90) days, effective immediately. 5. Contract with the Duval County Juvenile Board for Residential Services; term of agreement is 9101/2010 through 0/31/2011. 7. Contract with HEB Grocery Company LP to serve as a Brazos County Tax Assessor - Collector Subcontractor for Motor Vehicle Registration Renewal services. 8. Health & Dental Insurance Premiums for FYI for Employees & Post -2000 Retirees. The County contribution will increase effective October 2 2010• employee premiums will increase effective January 1, 2011. 91 10, Public Assistance Closeout Certification certifying that all work and costs claimed are eligible in accordance with the grant conditions all work claimed has been completed all expenses for work Vol. �-7 Pg• 00 A claimed and deemed eligible have been paid in full and there are no further claims for damages. 11. 12. 13. 14. 15. Treasurer's Report for the month of July 2010. 16. Final Plat of Field Creek Estates Subdivision F 17. 18. 19. Project plan for the Sheriff's Department relocation plan, costs not to exceed $18,530. 20. Payment Authorization in the amount of $1700.00 to Abigaile's Treehouse, a local bed 21. Tax Refund Applications for the following: • Nationstar Mortgage • Endtime Evangelistic Pentecostal Church • BCS Automotive • BAC Tax Services 22. Budget Amendments. Budget Amendments 09110 47.1 - 47.13. 23. 24. Manual Requisition in the amount of $46,303.00 to Bear Communications for the Purchase of a new radio system for the Brazos County Detention Center to replace the current radio system, which is not working. 25. Personnel Change of Status. Personnel Action Forms 26. Payment of Claims. 27. Acknowledgement of the Monthly Reports submitted in August 2010 These reports are available for 28. Announcement of interest items and possible future agenda topics. 29. Call for Citizen input and /or concerns. 30. Agency/ Board/ Committee reports by Court members. 31. Adjourn. Vol. 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 allendance at any Regular, Special and/or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 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 it 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 tactual 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 Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 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. (�� Pg. 20 4 COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 7, 2010 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 7, 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. 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 read aloud Proclamation #10 -022 designating the month of October 2010 as "Domestic Violence Awareness Month." The Court joins with the cities of Bryan and College Station and Texas A &M University in asking the community members to increase their awareness and learn how Vol I F7 Page ao5 Commissioners Court meeting September 7, 2010 2 they can prevent and intervene in domestic violence in Brazos County and beyond. On motion by Commissioner Cauley, seconded by Commissioner Peters the Court moved to proclaim the month of October, 2010 as "Domestic Violence Awareness Month" throughout Brazos County. A copy of the Proclamation is attached. The next matter before the Court was to consider Order 10 -015 prohibiting outdoor burning in Brazos County for ninety (90) days. On motion by Commissioner Maiiara, seconaea by Commissioner Cauley, the Court voted unanimously to table consideration. The Court next considered a Contract with Duval County Juvenile Board for Residential Services. Services provided are defined as follows: a) Basic Level $95 per day /per client b) Moderate Level $127.00 per day /per client c) Specialized Level $127.00 per day /per client d) Intensive Level $225.00 per day /per client The term of the contract is for 12 months, commencing September 1, 2010 and ending August 31, 2011. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. The Court proceeded to consider the renewal of contract with Howell Service Corporation for janitorial cleaning Vol �O Page 0-0 le Commissioners Court meeting September 7, 2010 3 services. There is the addition of Addendum No. 1 that provides for the following additions to the scope of services: a) Increase from one (1) day service per week to two (2) days service per week. b) Annual strip and wax with quarterly scrub and wax floor services. This will increase the monthly contract from $519.89 to $878.27 per month. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the renewal with Howell Service plus Addendum No. 1. The Court proceeded to consider a contract with HEB Grocer Company LP to serve as a Brazos County Tax Assessor - Collector Subcontractor for Motor vehicle Registration Renewal services. Brazos County will lease to HEB a Remote Sticker Printing System for motor vehicle registration for an annual fee of $600.00. This will be subject to approval by the state. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract with HEB and authorized the County Judge to execute the document. A copy is attached. The Court next considered Health & Dental Insurance Premiums for FY 11 for Employees and Post 2000 retirees. The attached sheet contains the proposed monthly premiums for medical and dental insurance. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted Vol I Page a 07 Commissioners Court meeting September 7, 2010 4 unanimously to approve the premiums for FY11. The County contribution will increase effective October 2, 2010. The increase in Employee premiums will be effective January 1, 2011. The next matter before the Court was to consider the Texas County and District Retirement System (TCDRS) Authorization form adopting an elected rate of 11.93 percent for plan year 2011. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to adopt the elected rate of 11.39 percent for plan year 2011. The Court proceeded to consider a Public Assistance Closeout Certification, certifying that all work and costs claimed are eligible in accordance with the grant conditions, all work claimed has been completed, all expenses for work claimed and deemed eligible have been paid in full, and there are no further clams for damages. The County Judge moved to approve the certification. Commissioner Peters seconded the motion. Katie Conner, County Auditor reviewed the grant and stated that all claims on the enclosed list had been paid but there are other projects and /or claims that are pending. The County Judge and Commissioner Peters then amended their motion and second to approve all projects listed on the attached certification. The motion carried unanimously. Vol l Page 'zo 8 Commissioners Court meeting September 7, 2010 5 The next matter before the Court was to consider a request from Sheriff Chris Kirk for permission to use excess funds from the new Vehicle Capital Account to purchase an Arbitrator in the amount of $3,900.00. Commissioner Mallard asked if there was a better location to install the arbitrator so that it doesn't get wet. Mike Wilson, Chief Deputy said he would look at it again and see what could be done. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request to use excess funds from the new Vehicle Capital Account to purchase an Arbitrator in the amount of $3,900.00. The next matter for consideration by the Court was a request submitted by the Metropolitan Planning Office seeking approval for out of state travel for Bart Benthul to travel to Williamsburg, Virginia to attend the 12th National Tools of the Trade conference on September 22 -24, 2010. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the Metropolitan Planning Office and approved payment of out of state travel expense for Mr. Bart Benthul. The next matter for consideration by the Court was a request submitted by the District Attorney seeking approval for out of state travel for Assistant District Attorneys Brian Vol (11,61 Page QO % Commissioners Court meeting September 7, 2010 6 Price and Jarvis Parsons to travel to Marco Island, Florida to attend the Experienced Prosecutor Course September 25 -30. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to grant the request from the District Attorney and approved payment of out of state travel expense for Mr. Brian Brice and Mr. Jarvis Parsons. The Court next considered changing the time Commissioners Court convenes in regular session each week to 4:00 p.m. This will include the night meeting held the third Tuesday of the month. This is due to the courtroom being used temporarily by County Court at Law I while those offices in the courthouse are being remodeled. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the time change and that it become effective September 14, 2010. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to receive, approve and order filed as submitted the Treasurer's report for July 2010. A copy is attached and made a part of these minutes. The Court next considered approval of the Final Plat of Field Creek Estates Subdivision Phase I, 15.366 Acres in Precinct 2. Richard Vance, County Engineer, stated that he Vol 133 Page a10 Commissioners Court meeting September 7, 2010 7 had reviewed the plat and all appeared to be in order. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the final plat of Field Creek Estates Subdivision Phase I, 16.366 Acres as submitted. The Court next considered approval of the Re -Plat of Lot 3, Lake Millican Estates in Precinct 1. Richard Vance, County Engineer, stated that he had reviewed the plat and all appeared to be in order and that a Public Hearing was held in accordance with state law. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the Re -Plat of Lot 3, Lake Millican Estates as submitted. The next matter before the Court was to consider acceptance of Bryan Texas Utilities cost estimate of $10,362.01 to relocate approximately 1,670 feet of single phase line to a new easement to accommodate a road improvement project on Matt Wright Road located in Precinct 1. On motion by Commissioner Wassermann, seconded by Commissioner Peters, the Court voted unanimously to accept the cost estimate. The Court next considered the project plan for the Sheriff's department relocation. The cost is not expected to exceed $18,530.00. On motion by Commissioner Peters, seconded Vol 13i Page 0-11 Commissioners Court meeting September 7, 2010 8 by Commissioner Cauley, the Court voted unanimously to approve the project plan and set the cost for the project to not exceed $18,530.00. The next matter before the Court was to consider a payment authorization in the amount of $1,700.00 to Abigaile's Treehouse for rooms for the family of a murder victim during the murder trial. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the payment authorization. The next matter for consideration was approval of tax refund applications from the following individuals and /or companies: a. Nationstar Mortgage, over payment $145.81 b. Endtime Evangelistic Pentecostal Church, over payment $623.06 c. BCS Automotive, over payment $9.92 d. BAC Tax Services, over payment $265.28 On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the tax refund applications. The Court next considered Budget Amendment #09/10 -47.1 through 47.13 that would reallocate funds for the County Drug Court Program, Emergency Management, Sheriff's Office:JAG Grant, Sheriff's Office:SIU, Jail Expansion 2007, Treasurer's Office, Auditor's Office, Capital Improvement Fund, General Vol 13.1 Page a-1 a Commissioners Court meeting September 7, 2010 9 Improvement Fund:Road and Bridge Department, Information Technology, Capital Improvement:SO Dispatch; transfer funds from Contingency to Constable Precinct 4, Risk Management, Debt Service Fund. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The Court next considered a requisition in the amount of $3,900.00 to Insight Public Sector for the purchase of a new arbitrator for the Brazos County Sheriff's Office. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The next matter before the Court was to consider a requisition in the amount of $46,303.70 to Bear Communications for the purchase of a new radio system for the Brazos County Detention Center to replace the current radio system that is not working. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the requisition. 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 Vol 06/7 Page �)- ( 3 Commissioners Court meeting September 7, 2010 10 Commissioner Peters, 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: 7078366 through 7078582 On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the Claims as submitted. The Court acknowledged receipt of the Extension Service reports submitted in August 2010 and acknowledged receipt of reports from the following County and Precinct Offices showing revenues collected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable, Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Road & Bridge Sheriff A copy of the Officials' reports can be viewed in the County Auditor's office. There were no announcements of interest items and possible future agenda topics. Vol 131 Page o214 Commissioners Court meeting September 7, 2010 11 Under citizen input and /or concerns, the following spoke: Chief Deputy Mike Wilson a) There were 576 inmates in jail, 50 have electronic monitors and 49 are pending for monitors. Eric Caldwell, Director of the Information Technology Department a) IT is working to move employees from Novell to active Directory. We must be off Novell no later October 31, 2010 or we will be required to pay a year of licensing. It has not gone as smoothly as he'd like. There have been some printer issues or special software that doesn't function properly in the new environment. They are about 1/3 to 1/2 through the conversion. He asked for patience while dealing with this big undertaking. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) He attended the TAC Conference last week. It was a good conference. They discussed subdivision requirements, when to accept roads and dealing with mailboxes and driveways. There being no further business to come before the Court, the meeting was adjourned. Vol ) W1 Page aLJ5 The foregoing minutes of the Commissioners Court meeting held September 7, 2010 have been examined and are approved in open Court this the -14 day of/` 2010, in Bryan, Brazos County, Texas. Randy Judge Duane Peters Commissioner, Precinct 2 Commissioner, Attest: C o� KaYen McQueen County Clerk Lloyd 'Wassermann Commissioner, Precinct 1 Kenny Ma Ai rd Commissioh,6r, Precinct 3 Vol )� 1 Page a)� BRAZOSCOUNTY COMMISSIONER'S COURT DAY OF , q,le-c AM/ , Name (PLEA E PRINT) ' %' e- Pg ( of Z 2016 Organization (PLEASE PRINT) nPd /rLOct Z5 r ^, 1 '(�- CiulL �r cs Vol. I p9---it-'L- Pgzofy BRAZOSCOUNTY COMMISSIONER'S COURT DAY O , AW,_- Name (PLEASE PRINT) 0,11 I�A, I oz, 20 Organization (PLEASE PRINT) �Yr�li S flew; T vol.— Pg. D rotcafia�t ZU(erteac, There are approximately 200,000 reported incidents of domestic violence in Texas each year. Across the state of Texas, 130 women were killed as a result of domestic violence in 2009. In Brazos County, in our communities and neighborhoods, law, enforcement responded to more than 1,000 incidents of family violence. ZUkeaeaa., Many Texans have dedicated their lives to ending domestic violence In Texas. Their work includes assistance to victims; educating others about prevention; advocating for victims and survivors; and lobbying for legislative support at the state level. In Brazos County, these efforts are lead by the Brazos County Coalition Against Domestic Violence. Z(llsrneao, It is the goal of Brazos County Coalition Against Domestic Violence to ensure that Brazos County is responsive to domestic violence victims and committed to the intervention and prevention of domestic violence. Sf4vvAa, Each year, the month of October provides an opportunity for the Brazos County Coalition Against Domestic Violence to renew its commitment to serve the community through prevention and advocacy. For this period, educational and awareness efforts intensify, ensuring that the men, women and children of Brazos County may learn about the resources,and support available for victims and survivors in our community. 7714me4c, The safety of our community tomorrow depends on our vigilance against domestic violence today. I join in asking my fellow community members to increase their awareness and learn how they can prevent and ntervene in domestic violence in Brazos County and beyond. *Ise �, We do hereby proclaim October 2010 as: Domestic Violence Awareness Month in the City of College Station, City of Bryan, Brazos County and Texas A &M University campus, and urge the appropriate recognition thereof: CITY OF COLLEGE STATION CITY OF BRYAN Nancy Berry - Mayor TEXAS A &M UNIVERSITY Dr. R. Bowen Loftin, President Jason Blenski - Mayor B . OS NTY. -. --�� q Judge Randy s m' s — County Judge Vol. 1-51 Pg, a- 19 Proclamation 10 -022 CONTRACT NO. 4F �'- FOR RESIDENTIAL SERVICES STATE OF TEXAS COUNTY OF DUVAL Judge Ricardo H. Garcia Regional Juvenile Detention Facility Residential Services September 1 2010- August 31, 2011 This Agreement is entered into by and between the Duval County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Probation Department (collectively referred to as "Juvenile Probation ") and Judge Ricardo H. Garcia Regional Juvenile Detention Facility, A Texas nonprofit corporation, licensed to provide child care services by the Texas Department of Family and Protective Services, Texas Department of State Health Services, Texas Youth Commission, Texas Juvenile Probation Commission, and/or any other appropriate State agency with licensure or regulatory authority over this facility ( "Judge Ricardo H. Garcia Regional Juvenile Detention Facility "). ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with residential care for children alleged or adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized is owned and operated by Service Provider and is located at 4998 FM RD 1329, San Diego, TX 78384. The business office address of Service Provider is PO Drawer 989, San Diego, TX 78384. ARTICLE IS TER 2.01 The term of this Agreement is for 12 months, commencing September 1, 2010, and ending August 31, 2011. It shall be automatically renewed for one year terms thereafter, commencing October I` and ending September 306, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term, of its intention to not renew this Agreement. 2.02 The terms of this Agreement shalt be extended until such time as all services which have been requested by Juvenile Probation, and are pending on the termination date in section 2.01 above, have been performed. ARTICLE III SERVICES 3.01 Service Provider will provide the appropriate levels of service as defined below: A. Basic Level 1. Adequate functioning in all developmental and/or environmental areas; there may be transient difficulties, "every-day" worries, and occasional misbehavior, but would be regarded as a normal child; responds to "normal' discipline. The caregiver provides a routine home environment with guidance and supervision to meet the needs of the child; or 131 Pg.�- vol.�— Contract No. _ [Insert Name in Bold on First Page] [Insert appropriate dates] 2. No more than occasional problems in functioning in any area; some acting out behavior in response to life stresses, but those are brief and transient, minimally disturbing to others, and not considered deviant by those who know the child. The caregiver provides a routine home environment with supplemental guidance and discipline to meet the needs of the child. B. Moderate Level 1. Frequent or repetitive minor problems in one or more areas; may engage in non - violent antisocial acts, but is capable of meaningf al interpersonal relationships, requires supervision in structured supportive setting with counseling available from professional or paraprofessional staff or 2. Substantial problems; child has physical, mental, or social needs and behaviors that may present a moderate risk of causing harm to self or others, poor or inappropriate social skills, frequent episodes of aggressive or other antisocial behavior with some preservation of meaningful social relationships, requires treatment program in a structured supportive setting with therapeutic counseling available by professional staff. C. Specialized Level 1. Severe problems; unable to function in multiple areas; sometimes willing to cooperate when prompted or instructed; but may lack motivation or ability to participate in personal care or social activities or is severely impaired in reality testing or in communications; may exhibit persistent or unpredictable aggression, be markedly withdrawn and isolated due to either mood or thought disturbance, or make suicidal attempts; presents a moderate to severe risk of causing harm to self or others; requires 24 -hour supervision by multiple staff in limited access setting. D. intense Level 1. Very severe impairment(s), disability or needs; consistently unable or unwilling to cooperate in own care; may be severely aggressive or exhibit self - destructive behavior or grossly impaired in reality testing, communication, cognition, affect, or personal hygiene; may present severe to critical risk of causing serious harm to self or others; needs constant supervision (24 -hour care) with maximum staffing, in a highly structured setting. E. Emergency She]ter 1. Provide twenty -four (24) how care and supervision for those children requiring an alternative to an undesirable, unwholesome or dangerous living arrangement or as an alternative to secure detention on an emergency basis pending resolution of existing conflicts or installation into an appropriate long -term living arrangement. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by quaffied adults, food and snacks, recreation, allowances, personal hygiene items, hair cuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone) and miscellaneous, as ordered by Juvenile Probation. B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. Page 2 of 17 vol. 137 pg. a�� Contract No. _ (Insert Name in Bold on First Page] [Insert appropriate dates] C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification will be done at a minimum of every ninety (90) days. A copy of the placement justification will be submitted to the Residential Services Supervisor within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s), Juvenile Probation, and specifically the Residential Services Supervisor are notified if a child in placement makes an unauthorized departure, becomes seriously ill, or is involved in a serious accident. The Probation Officer and parents will be informed immediately if during working hours. After normal working hours, the Juvenile Detention Center will be notified as well as the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to Juvenile Probation's Residential Services Supervisor a written Individualized Treatment/Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said Individualized Treatment/Case Plan shall include measurement of progress toward goals in the following nine (9) domains: medical; safety and security; recreational; educational; mental/behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program PIan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary, and determining the need for continued placement outside of the child's natural home. The Individualized Program Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parem(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing or controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Residential Services Supervisor with a written report of the child's progress on a monthly basis in a Monthly Progress Report. 1. Document and maintain records of all goods and services provided to contracted children. These records shall. contain, but are not limited to: hours of service provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made Page 3 of] 7 Vol. �Pg. 2a�L Contract No. [insert Name in Bold on First Page] [Insert appropriate dates] by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and/or neglect These records shall be made available to Juvenile Probation for periodic inspection. K Any and all medicallpsychiatric treatment required to meet the needs of the child, as well as clothing, or other expenses not provided for in Service Provider's program, shall be the sole responsibility of said child's parent(s), guardian(s) or court ordered appointed conservator, to be paid by either personal payment, health insurance or Medicaid coverage. However in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. 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: I. Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. 3. Ensure children move down in their Level of Care as they progress in the treatment program. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re-referrals of children discharged from placements within six (6) months after release. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed placement and not re- referrals within six (6) months after release. 3. Percentage of children who move down in their Level of Care. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V Page 4 of 17 Vol. I� Pg• °� ac:. Contract No. [Insert Name in Bold on First Page] f1wert appropriate dates] COMPENSATION 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay Service Provider not more than the per diem rates based upon the level of Care provided, in accordance with schedule of rates set by the Texas Health and Human Services Commission as currently effective or subsequently amended. Those rates as currently effective are as set forth in Exhibit A, attached hereto and incorporated herein. 5.02 The above fee will be paid only for those children specifically authorized to be placed by Juvenile Probation through its Fiscal Officer or other designated official. This fee shall include residential care and a minimum of one group or individual counseling session per month. In no event will the per diem rate exceed that specified for the Level of Care provided. It is understood that the Level of Care provided by Service Provider will be reduced to a lower Level of Care as soon as such reduction is deemed practical by Service Provider, based upon improvements in the child's attitude and behavior. 5.03 Service Provider has an affirmative duty to lower the Level of Care when it is practical to do so. Juvenile Probation, and /or its representative may at any time make such inspection of records and interview both the child and employees of Service Provider to determine if the child is at a Level of Care necessary to meet the child's treatment and service needs. If Juvenile Probation determines that the appropriate Level of Care should he or should have been lower, Service Provider shall lower such level. Service Provider shall remit to Juvenile Probation the difference from the amount paid and the amount that should have been paid, if the child had been placed at the appropriate level from the date the child's level should have been lowered, unless Service Provider can show why such a step down was not practical. If a child enters and exits a program where he has resided for a minimum of 120 days and does not move to a lower level, except those who enter at Basic Level, it will be presumed that the child was not successfully discharged from the program as set forth in the program measures. Service Provider shall fully cooperate in these efforts. 5.04 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: hours worked, to be attributed to specific clients if appropriate, date service was rendered, hourly rate, 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. 5.05 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) and SID numbers of the parties receiving the services, the dates and times services were provided and such other information deemed necessary for adequate fiscal control. Page 5 of 17 Vol. 31 pg. a T Contract No. [Insert Name in Bold on First Page] [Insert appropriate dates] 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract wilt Juvenile Probation, the receiving agency will bill Juvenile Probation on the day the child is transferred into the program; the releasing agency will not bill Juvenile Probation for the last day of care. 5.07 Services which are not directly addressed by this Agreement must be submitted for approval with associated billing for reimbursement from Juvenile Probation. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 5.09 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. ARTICLE VI EXAMINATION OF PROGRAM AND 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 andlor 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 provide to Juvenile Probation such descriptive information on contracted children as requested on forms provided by Juvenile Probation. 6.03 For purposes of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to an authorized representative of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 6.04 Service Provider shall retain and make available to Juvenile Probation all financial records, supporting documents, statistical records, and all other records pertinent to the Agreement for a minimum of three (3) years, or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved, and shall make available for Juvenile Probation's inspection, all contractual agreements with Service Provider's subcontractors for services related to this Agreement. 6.05 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 al I or part of the consideration. ARTICLE VII Page 6 of 17 vol. 43] Pg. aas Contract No. [Insert Narne in Bold on First Page] [Insert appropriate dates] CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE VIII DUTY TO REPORT 8.01 Allegations Occurring Inside the Juvenile System. As required by Texas Family Code Chapter 261 and Title 37 Texas Administrative Code Chapter 358, or successor provisions, Service Provider, and any of its employees, interns, volunteers or contractors, shall report any allegation or incident of abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program in the following manner: A. For all allegations and incidents except sexual abuse and serious physical abuse: within twenty-four (24) hours from the time the allegation is made, to the following: I. Local law enforcement agency (not required for serious incidents); and 2. Texas Juvenile Probation Commission by submitting a TJPC Incident Report Form to facsimile number 1 -512 -424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free 1- 877 - 786 -7263, followed by submitting the report within 24 hours of said call). In addition, for serious incidents, a treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident.shall be submitted to the Texas Juvenile Probation Commission within 24 hours of receipt; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJPC Incident Report Form must also be sent to Brazos County Juvenile Probation Department at facsimile number 979-823-4211. B. For allegations and incidents of sexual abuse or serious physical abuse: 1. Local law enforcement agency immediately, but no later than one (1) hour from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone to law enforcement; 2. Texas Juvenile Probation Commission immediately, but no later than four (4) hours from the time a person gains knowledge of or suspects the alleged serious physical abuse or sexual abuse. The initial report shall be made by phone by calling toll -free 1- 877 -786- 7263. Within 24 hours of the report by phone, the completed TJPC Incident Report Form shall be submitted by facsimile number 1 -512- 424 -6717 or by email; and 3. With respect to juveniles placed by Brazos County Juvenile Probation Department, the TJPC Incident Report Form must also be sent to Brazos County Juvenile Probation Department within 24 hours at facsimile number 979 - 823.4211. Page 7 of 17 / Vol. 13' pg, Contract No. [Insert Name in Bold on First Page] [Insertappropriate dates] 8.02 Allegations Occurring Outside the Juvenile System. Any person who witnesses, learns of receives an oral or written statement from an alleged victim or other person with knowledge or who has a reasonable belief as to the occurrence of alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile, but that is not alleged to involve an employee, intern, volunteer, contractor, or service provider of a program or facility, shall be reported to law enforcement or to other appropriate governmental unit as required in Texas Family Code Chapter 261. 8.03 As used within this Agreement: A. An allegation or incident includes the witnessing, learning, or receiving an oral or written statement from an alleged victim or other person with reasonable belief or knowledge as to the occurrence or an alleged abuse, neglect, exploitation, death or other serious incident involving a juvenile in a juvenile justice facility or juvenile justice program. B. A serious incident is attempted escape, attempted suicide, escape, reportable injury, youth-on- youth physical assault or youth sexual conduct. C. Sexual abuse is conduct committed by any person against a juvenile that includes sexual abuse by contact or sexual abuse by non - contact. D. Serious physical abuse is bodily harm or condition that resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect or exploitation, if the bodily harm or condition requires medical treatment by a physician, physician assistant, licensed nurse practitioner, emergency medical technician, paramedic or dental. E. A juvenile justice facility is a facility, including its premises and affiliated sites, whether. contiguous or detached, operated wholly or partly by or under the authority of the governing board, juvenile board or by a private vendor under a contract with the governing board, juvenile board or governmental unit that serves juveniles under juvenile court jurisdiction. The term includes: a public or private juvenile post adjudication secure correctional facility required to be certified in accordance with the Texas Family Code; and a public or private non - secure juvenile post - adjudication residential treatment facility housing juveniles under juvenile court jurisdiction. F. A juvenile justice program is a program or department operated wholly or partly by the governing board, juvenile board or by a private vendor under contract with the governing board or juvenile board that serves juveniles under juvenile court jurisdiction or juvenile board jurisdiction. The term includes a juvenile justice alternative education program and a non - residential program that serves juvenile offenders while under the jurisdiction of the juvenile court or juvenile board jurisdiction and a juvenile probation department. ARTICLE IX CRIMINAL HISTORY SEARCHES 9.01 Criminal history searches shall be conducted by Service Provider for any and all of its employees, interns, volunteers or contractors providing services in a juvenile justice facility or juvenile justice program that may have direct unsupervised access to juveniles in the facility or program. Prior to being granted access to juveniles in facilities or programs, Service Provider shall provide Juvenile Probation with documentation confirming that fingerprint -based searches of criminal Page 8 of 17 Contract No. [Insert Name in Bold on First Page] [Insert appropriate dates] information databases maintained by the Federal Bureau of investigation and by the State of Texas have been completed within two year's prior to the date of the most recent contract for services. This provision shall apply to individuals who begin employment or service provision on or after January 1, 2010. 9.02 Service providers of juvenile justice facilities or juvenile justice programs licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services or other state agency are exempt from the requirement to provide documentation of criminal history searches for staff employed in the program or facility. Service providers that are individually licensed by the Texas Department of Family and Protective Services, Texas Department of State Health Services or other state agency are also exempt from the requirement to provide documentation of criminal history searches. Service Provider shall provide Juvenile Probation with documentation confirming that Service Provider's license is currently in good standing with the licensing entity and shall not provide services under this Agreement unless its license is in good standing. 9.03 Criminal history searches shall include the following: A. Texas criminal history fingerprint -based criminal history background search through the Texas Department of Public Safety. B. Local law enforcement sex offender registration records check through the Public Sex Offender Registry on the Texas Department of Public Safety website. C. Federal Bureau of Investigation fingerprint -based criminal history background search at the National Crime Information Center; internet -based searches shall not be used to conduct this background search. 9.04 A copy of the initial criminal history report required by this Agreement and any reports reflecting subsequent criminal activity shall be maintained for monitoring purposes for whichever of the following occurs later: duration of the individual'.s employment or period, of service;-minimum of three (3) years; or until any pending litigation, claim, audit or review and all questions arising therefrom have been resolved. 9.05 As used within this Agreement, a disqualifying criminal history is a history that includes any one of the following: A. A felony conviction against the laws of this state, another state, or the United States within the past ten 10) years; B. A deferred adjudication for a felony against the laws of this state, another state, or the United States within the past ten (10) years; C. A current felony deferred adjudication, probation or parole; D. A jailable misdemeanor conviction against the laws of this state, another state, or the United States within the past five (5) years; E. A deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past five (5) years; Page 9 of 17 Vol. Pg. °2� g Contract No. [insert Name in Bold on Finst Page] [insert appropriate dates] F. A current jailable misdemeanor deferred adjudication, probation or parole; or G. The requirement to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure. 9.06 in addition to the criteria and time frames set forth in the above definition of disqualifying criminal history, an individual must not have direct unsupervised access to juveniles in a facility or program until at least one year has elapsed since the completion of any period of incarceration, community supervision, or parole. 9.01 Any of Service Provider's employees, interns, volunteers or contractors with a disqualifying criminal history shall be prohibited from having direct unsupervised access to juveniles in a juvenile justice facility or a juvenile justice program. 9.08 Juvenile Probation reserves the right, in its sole discretion, to prohibit any individual with a prior criminal history from being placed in a position that involves direct unsupervised contact with juveniles. ARTICLE X DISCLOSURE OP INFORMATION 10.01 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 Service Provider, or against its employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in ajuveniie justice facility or juvenile justice program; C. Any arrest or current criminal indictment of any employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider that has direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program; D. All pending and past allegations and /or investigations of abuse, neglect, exploitation, death or other serious incidents involving ajuveniie placed by Brazos County Juvenile Probation Department in the juvenile justice facility or juvenile justice program; E. 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 unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program was the alleged or designated perpetrator; F. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that required to register as a sex offender; and �Page 10 of 17 Vol. � ! � pg. �� /! Contract No. flnsert Name in Bold on First Page] (Insert appropriate dates) G. The identity of any of Service Provider's employees, interns, volunteers, subcontractors, agents and/or consultants that have direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program that have a disqualifying criminal history. 10.02 Service Provider agrees and understands it has an aff¢mative and ongoing duty to ascertain and disclose to Juvenile Probation any and all of the foregoing information as to any individual, whether a prospective or existing employee, intern, volunteer, subcontractor, agent and/or consultant of Service Provider, prior to placing that individual in a position that involves direct unsupervised contact with juveniles in a juvenile justice facility or juvenile justice program. ARTICLE XI EQUAL OPPORTUNITY 11.01 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 XII ASSIGNMENT & SUBCONTRACT 12.0I 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 XIU OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his/her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAUL 14.01 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, and C. In either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (I 0) days. Page 11 of 17 Vol. 153 pg. ��© Contract No. [Insert Name in Bold on First Page] [Insert appropriate dates) 14.02 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 XV TERMINATION 15.01 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. 15.02 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 XVI WAIVER OF SUBROGATION 16.01 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 XVII INDEMNIFICATION 17.01 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(g) of commission or omission of Brazos County's and Juvenile Probation's agents, servants, or employees arising from or related to this Agreement for which a claim or other action is made. ARTICLE XVIII SOVEREIGN TMMIJNITY 18.01 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 Brazos County has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE X1X REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: Page 12 of 17 Vol. 1 37 Pg. X31 Contract No. [Insert Name in Bold on Fast Page] [Insert appropriate dates] 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 Brazos County and Juvenile Probation under the indemnity provisions, as well as for any potential liabilities that arise from or related to this Agreement, that, if requested, it will cause its insurance carrier to identify the Brazos County Juvenile Probation Department as a certificate holder on its policy, and will add Brazos County, the Brazos County Juvenile Board and the Brazos County Juvenile Probation Department as additional insureds on its policy; D. That all of its employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with. juveniles in a juvenile justice facility or juvenile justice program will be properly trained to report allegations or incidents of abuse, neglect, exploitation, death or serious incidents involving a juvenile under the supervision of Juvenile Probation in accordance with the requirements of Texas Farnily'Code Chapter 261 and any applicable Texas Juvenile Probation Commission administrative rules regarding abuse, neglect, exploitation, death or serious Incident; and E. That, if it has employees, interns, volunteers, subcontractors, agents and/or consultants that have contact with juveniles in a juvenile justice facility or juvenile justice program, then it shall prominently post in all public and staff areas of any and all of its offices/facilities, both the English and Spanish language versions of the following official notice forms that are available on the Texas Juvenile Probation Commission website: Notice to Public Regarding Abuse, Neglect and Exploitation and Notice to Employees Regarding Abuse, Neglect and Exploitation. ARTICLE XX TEXAS LAW TO APPLY 20.01 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 XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Brazos County, Texas. ARTICLE XXII ADDITIONAL TERMS AND AGREEMENTS 22.01 Service Provider will accept only those children confirmed by authorized officers of Juvenile Probation to.be referred for placement in Service Provider's facility. 22.02 Juvenile Probation recognizes that part of a client's rehabilitation program may include time away Page 13 of 17 Vol. ' Pg• aC Contract No. jlnsen Name in Bold on First Page] [Insert appropriate dates] from the residential setting of Service Provider, such as weekends and holidays, and that Service Provider must retain space for the client until his/her return. To this end, Juvenile Probation agrees to pay Service Provider the full amount due for such regularly scheduled days away from the residential setting or its program, provided they do not exceed four (4) days per month per client and that prior approval has been obtained by Juvenile Probation. Furloughs will not be authorized for the fast ninety (90) days of placement, or until the completion of the first Individualized Program Plan Review, whichever comes first, except in only highly unusual situations. Unoccupied bed space constitutes days away from the facility. Individualized Program Plans may warrant additional days away from the residential setting if approved in writing by Juvenile Probation; however, any additional days away from the residential setting will not be charged to Juvenile Probation. 22.03 The child's parent(s) or guardian(s) shall bear the primary responsibility for payment of any medical or dental needs, by personal payment, health insurance, or Medicaid coverage, as well as clothing or other expenses not provided for in Service Provider's program. 22.04 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discretion. Service Provider must act release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. 22.05 Service Provider is under no obligation to accept a client who is deemed inappropriate for placement in that program. 22.06 Juvenile Probation is under no obligation to place any child with Service Provider. 22.07 Juvenile Probation shall provide a written psychological or psychiatric evaluation. If the battery of tests included in the evaluation is older than six (6) months prior to admission, a clinical interview performed within six. (6) months prior to admission shall be submitted with an updated diagnosis and prognosis. 22.08 In accordance with §29.012(6)(1) of the Texas Public Education Code, as a condition of this contract for residential services, Service Provider shall notify the school district in which the facility is located not later than the third day after the date a child is placed in the facility. 22.09 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. 22.10 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 may be withheld if this certification is inaccurate. 22.11 Service Provider is hereby notified that state funds are used to pay for services rendered to Juvenile Probation. For this reason, Service Provider shall account separately for the receipt and expenditure of all funds received from Juvenile Probation, and shall adhere to Generally Accepted Accounting Principles (GAAP) in the accounting, reporting and auditing of such funds. ARTICLE XXW LEGAL CONSTRUCTION � Page 14 of 17 2 Vol. _1s1Z. Pg• 02 J3 Contract No. [Insert Name in Bold on First PageJ [Insert appropriate dates] 23.01 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 XXIV PRIOR AGREEMENTS SUPERSEDED 24.01 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 XXV AMENDMENTS 25.01 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 mid 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. ON ��, 20jD FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE T FULL, FORCE AND EFFECT OF AN ORIGINAL. BRAZOS COUNTY JUVENILE BOARD 0 M Brazos Coim'ty Juvenile Board Chief Juvenile Probation Officer Brazos County Juvenile Probation Department APPROVED AS TO LEGAL FORM: \\�, JUDGE RICARDO H. GARCIA REGIONAL JUVENILE DETENTION FACILITY M Page 15 of 17 Ashley V. Barreral Director Vol. �3 Pg. a 3 4 Contract No. flnsert Name in Bold on First Page] [insert appropriate dates] General Counsel County Juvenile Probation Department 't 1 J� i k t\ 1 Page 16 of 17 Vol. 13 P9. =5 BRAZOS COUNTY COMMISSIONERS COURT: COMMIS IONER, PRECINCT I COMMISSIONER, PRECINCT 2 DUVAL COUNTY COMMISSIONERS COURT: ABEL ARAGON COUNTYJUDGE ALEJO C. GARCIA COMMISSIONER, PRECINCT I RENE M. PEREZ COMMISSIONER, PRECINCT 2 NESTOR GARZA, JR COMMISSIONER, PRECINCT 3 GILBERTO URIBE, JR. COMMISSIONER, PRECINCT 4 Vol. �� �.-- -- Pg'= Contract No. [Insert Name in Bold on First Page] [Insert appropriate dates) •11: BASIC LEVEL $95.00 per client per day MODERATE LEVEL $127.00 per client per day SPECIALIZED LEVEL $127.00 per client per day 1N'ITNSE LEVEL $225,00 per client per day Page 17 of 17 Vol. 163 pg. ),3 7 - -- HOWELL servWce corp. Addendum No. I Premier Janitorial Services Howell Service Corporation Prepared for: Leslie Williams Date: May 07, 2010 Prepared By: OJ Howell Client: Brazos County 1P Service Address: 3030 &h Street, Suite 116 Bryan, Texas 77802 We are submitting Addendum No. I to your contract dated October 1", 2009. This Addendum provides for the following additions to the scope of services. Effective date is 2010. A. Increase from 1(one) day perservice per week to 2 (two) days per week service. Specifications will remain the same as in current agreement for the Premiere lanitorfal5ervice. 8. Annual strip and wax with quarterly scrub and wax floorservices, first service in October is to be the strip and wax service. Current Monthly Contract Price (without tax) ._ .......................... .......$519.89 Increased Cleaning Amount _......... ................ ._ ........ .. ._._ .................... $271.97 Additional Floor Services ........................... ... .......... .... ......................... $ 86.41 Annual Strip & Wax Floor Price is $355.05 Quarterly Scrub & Wax Price Per Time is $227.30 Yearly combined total of floor services Is $1,036.95 $1,036.95 yearly divided by 12 months equals $86.41 added to monthly contract NewMonthly Total . ... .... ........ ......................_._._.... .................._.....$878.27 per month By execution hereof, the individual si Client /Owner. Option A is approved by: Vo9 Rio Date of Authorization Approved by Howell Service Corporation Authorized Agent .Qu "� -t '3"o DateDate of izatlon for Addendum on behalf of P.O. Box 11171 • College s r Texas 77842 • FF ) 693 -8508 • (979) 823 -1775 Vol. pg. RENEWAL ACCEPTANCE By signing herewith, Howell Service Corp. agrees to renew Annual Contract for Janitorial Services, in accordance with all terms and conditions previously agreed to and accepted, and with no increase in price. I understand this agreement will be for the period beginning October 1, 2010 through September 30, 2011. HOWELL SERVICE CORP. Authorized Signature BRAZOS COUNTY Randy Situ, County Judge - 3a - aoio Date jr Vol. Pg- Date STATE OF TEXAS COUNTY OF BRAZOS BRAZOS COUNTY TAX ASSESSOR - COLLECTOR SUBSTATION CONTRACT THIS AGREEMENT is entered on this I-Lday of _ !L, 1_, 2010 ( "Effective Date ") by and between the County of Brazos, a duly and lawfully organized county of the State of Texas, hereinafter referred to as the County, on behalf of the Brazos County Tax Assessor - Collector and HEB Grocery Company, LP, referred to as Distributor. Whereas, public convenience will be furthered by authorizing the Distributor to act as an agent of the Tax Assessor - Collector in the issuance of motor vehicle license validation stickers, hereinafter referred to as stickers, the Distributor agrees to allow its place(s) of business listed on Exhibit "A" attached hereto, hereinafter referred to as location(s), to be used as a substation of the Brazos County Tax Assessor - Collector's office for the issuance of stickers. it is, therefore, agreed as follows; 98649v2 The County agrees to lease to the Distributor the Remote Sticker Printing System (RSPS) for motor vehicle registration for an annual fee of $600.00. Subject to approval by the State, said fee will be waived when Distributor obtains an annual minimum of 1,000 registrations. Billing will occur annually in August. Annual lease cost for equipment is subject to change annually pursuant to cost changes assessed to County by the State. Distributor will be given at least 30 days advance notice of a proposed change in lease. 2. In the event the equipment leased from County to Distributor pursuant to this agreement is stolen, lost, damaged, vandalized, destroyed or rendered inoperable, whether intentional or not, Distributor agrees to reimburse County for the replacement or repair of such equipment. The repair cost shall be determined by the equipment service vendor under contract to the Texas Department of Motor Vehicles to provide maintenance service for the equipment. The Distributor's payment for repair or replacement costs for damaged or lost equipment, or service cost resulting from same shall be remitted to County by Distributor within seven (7) days of written request by County. Vol. Pg. 940 FCSY112PA 3. The parties agree that the Distributor may, in accordance with Texas Transportation Code, section 502.113 (b), collect from each customer a per transaction fee of up to one dollar ($1.00) for each transaction processed and properly reported under terms of this Agreement. Said fee is the only compensation Distributor will receive pursuant to this Agreement. 4. County shall supply the Distributor with equipment, numbered and secured forms and supplies as needed for issuance. Under no circumstance will Distributor keep said equipment and supplies at any location other than the location to which said equipment and supplies are assigned. 5. Distributor will provide weekly reports to the Tax Assessor - Collector on forms to be provided by the Tax Assessor - Collector. Said reports will include information as the Tax Assessor - Collector shall from time to time reasonably require; along with full payment for motor vehicle license fees collected for each registration. 6. Distributor shall designate one management employee per location to be designated as the liaison ( "Designated Liaison ") between the Distributor and the Tax Assessor - Collector. It will be the responsibility of the Designated Liaison to personally approve all individuals who will receive supplies and /or issue registrations under the deputation. It is the further responsibility of the Designated Liaison to notify the Tax Assessor - Collector of each such individual's identity before permitting contact with registrations under the Distributor's deputation. The Designated Liaison will take an oath of deputation on behalf of the Distributor to be given by the Tax Assessor- Collector. Prior to deputation, the Tax Assessor - Collector shall provide any training deemed necessary for the Designated Liaison and the individuals approved and known by the Tax Assessor - Collector. 7. Distributor agrees, at Distributor's cost, to provide a bond payable to the Brazos County Tax Assessor - Collector in the amount of $15,000.00 Dollars per Distributor location of service listed in Exhibit "A ". The amount of the bond will be no less than the sum of 1) the value of the equipment leased ($5,000.00), plus 2) the value of the inventory issued by County to Distributor. 8. County agrees not to furnish any supplies for the account of the Distributor other than the Designated Liaison or individuals that are on the approved list submitted to the Tax Assessor - Collector by the Designated Liaison as described in paragraph 6. The Designated Liaison or other approved individual will inventory supplies prior to accepting delivery. Distributor Vol. ►� Pg. a "T I assumes full liability for the safekeeping of all supplies furnished by the Tax Assessor - Collector pursuant to this agreement. 9. Distributor agrees to sell registrations only to persons presenting the renewal notice issued by the State of Texas, Department of Motor Vehicle Title and Registration and valid insurance and only to make such sales on validations due in the prior, current and succeeding month (e.g.: during March, only stickers for the months of February, March and April). Additionally, Brazos County Tax Assessor/ Collector may perform inventory counts at any time a representative is on location at Distributor's place(s) of business listed on Exhibit "A" attached hereto, providing services. Said inventory counts shall not be performed in an intrusive manner that would prove to be disruptive of Distributor's business processes. 10. Distributor may accept individual checks in payment of fees for the issuance of registrations, provided that checks are made payable to Distributor, that each check bears such information as may be required by Distributor, and provided further, that Distributor assumes full responsibility for collection of all such checks. Distributor shall issue its own check to the Tax Assessor - Collector representing those checks and cash received by Distributor during the previous week. Failure by Distributor to pay Tax Assessor- Collector within seven (7) days the sums owned for registrations, whether in the form of cash or Distributor's check payable to Tax Assessor - Collector shall be grounds for the suspension of this Agreement and the Tax Assessor - Collector shall not issue additional inventory until all sums owed are paid. 11. Distributor shall prepare and have ready on forms provided by the Tax Assessor - Collector each week before 3:00 PM on Monday, a report of the activities of the previous week, and will mail by postage prepaid, certified mail, return receipt requested, or deliver to an employee of the Tax Assessor - Collector, or agent, the report for the previous week's activities along with a check or money order for the correct amount due for such sales. Said check or money order shall not include the one dollar ($1.00) fee Distributor charges and collects for providing services of issuance of motor vehicle license registrations. 12. Distributor agrees to use the inventory in numerical sequence and to return all void forms and reports to the Tax Assessor - Collector in a timely fashion. 13. Distributor is subject to audit by the Brazos County Tax Assessor - Collector, Brazos County Auditor, the Texas Department of Motor Vehicles, or any Certified Public Accountant designated by any one or more of the same, at 98649UI Vol. 1� Pg• I anytime during normal business hours of the Distributor and at the place of business of the Distributor designated and at a place mutually agreed upon. Additionally, Brazos County Tax Assessor /Collector may perform inventory counts at any time a representative is on location at Distributor's place(s) of business listed on Exhibit "A" attached hereto, providing services. Said Inventory counts will be performed in as reasonable a manner so as to not disrupt Distributor's business processes. 14. Distributor hereby agrees to indemnify and hold harmless Brazos County and the Brazos County Tax Assessor - Collector from and against any loss, including claims, demands and causes of action and which loss, claim, demand or cause of action resulted from the negligent performance of Distributor or its agents, representatives or employees pursuant to the terms of this agreement. 15. This Agreement is entire as to all of the performance to be rendered under it. Breach of any material obligation to be performed by either party shall constitute a breach of the entire Agreement and shall give either party the right to immediately terminate this Agreement. 16. Distributor agrees to notify County of any change in the controlling ownership of Distributor or location of its places of business listed on the attached Exhibit "A" and of any change in the Designated Liaison, as discussed in Paragraph 6, within 14 calendar days of such change. Notice will be provided pursuant to Paragraph 18 of this agreement. Any such change in controlling ownership, location or personnel automatically terminates this agreement with respect to that location or personnel and necessitates a new Agreement with the new owner of the controlling interest, as well as an audit of equipment, supplies and materials on hand. 17. Either party hereto may voluntarily terminate this Agreement at any time upon thirty (30) days prior written notice to the other party sent as provided in Section 18 hereof. Within seven (7) days after the date of termination, the Distributor shall return to County all outstanding inventory, together with equipment, supplies, and payment of motor vehicle fees due and a final report as provided for in Section 5 hereof. Distributor will forfeit any portion of the annual lease fee that remains. 18. Notice given pursuant to this Agreement shall be in writing and shall be given by United States certified or registered mail, postage prepaid, addressed to the appropriate party as set forth below: s864svz 2 VOI. (J Pg. �� 98649v2 COUNTY Krlsteen Roe, Brazos County Tax Assessor - Collector 300 E Wm J Bryan Pkwy Bryan, TX 77803 DISTRIBUTOR HEB Grocery Company, LP 646 South Main Avenue San Antonio, Texas 78204 Attn: Director, Services Co. Fax: (210) 938 -8339 With a copy to: HEB Grocery Company, LP 646 South Main Avenue San Antonio, Texas 78204 Attn: Corporate Law Department Fax: (210) 938 -7816 The person and address to which notices are to be given may be changed at any time upon written notice to the other party. 19. The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect for one year from the date of the Agreement. This Agreement will automatically renew for one year terms thereafter unless terminated by either party upon thirty (30) days prior written notice to the other party in accordance with paragraph 18. 20. This Agreement shall be construed under and in accordance with the laws of the State of Texas. 21 . Neither party shall assign its rights, nor delegate its duties under this agreement without prior written consent of the other party. Such unauthorized assignment and /or delegation shall, at the option of the non - assigning and /or non - delegating party be a material breach for which the non - assigning and /or non - delegating party may void this Agreement. 22. The provisions of the Agreement are not intended to create, nor shall they be in any way construed to create, a joint venture, a partnership, or any other similar relationship between the parties. The Distributor acknowledges that it is an independent contractor and that it will be acting as an independent contractor in performing its obligations under this Agreement. Vol. y� Pg. a �7 23. This Agreement shall supersede any and all other agreements for services specified hereunder, whether oral or written, for any and all locations listed on Exhibit "A ". 24. This Agreement shall not be amended or modified, except in writing signed by authorized representatives of the Distributor, County, and the Tax Assessor - Collector. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. County of Brazos County State of Texas_ Randy Sims County Jyd! Tax Assessor - Collector By- -- -- - - -- - - - -�- Kristeen Roe, RTA, CTA Brazos County Distributor: HEB Grocery Company, LP By' -- - -- - - -- Bill Andersol, VP, General Merchandise t l 1y I'1 ; 9864M l L Vol. 3 pg. a 7 Jr Bryan # 1 (Co. #062) 1905 Old Hearne Rd. Bryan, TX 77803 Bryan #3 (Co. #544) 725 East Villa Maria Bryan,TX 77802 College Station #1 (Co. #543) 1900 Texas Avenue South College Station, TX 77840 College Station #2 (Co. #619) 949 William D. Fitch PI(wy College Station, TX 77845 i Exhibit "A" i rf 1 I i t Vol. )37 pg. a *Ie ,1 i BRAZOS COUNTY HUMAN RESOURCES DEPARTMENT 200 S. TEXAS AVE SUITE 206, BRYAN,TX 77803 PHONE (979) 361 -4114 FAX (979) 823 -6993 MEMORANDUM Dater September 1, 2010 To: Commissioner's Court From: Jennifer Salazar HR Director Subject: Health and Dental Premiums for FYI I Below are the proposed monthly premiums for FY '11 for Employee & Post -2000 Retiree Medical and Dental insurance: The County contribution will increase effective October 2, 2010. The increase in Employee premiums will be effective January 1, 2011. Pre -2000 Retiree insurance premiums will remain the same as last year. Vol. 1 J ( Pg. (, ' #9 Brazos County, #120 Authorization to maintain TCDRS plan provisions Plan year 2011 With respect to the participation of Brazos County in the Texas County & District Retirement System (TCDRS) for the 2011 plan year, the following order was adopted: 1. Brazos County makes no change in the plan provisions for non - retirees. 2. With respect to benefit payments being paid to retirees or their beneficiaries, Brazos County (check one box): ddoes nor adopt a cost -of- living adjustment (COLA). adopts a _% CPI -based COLA. adopts a _% flat -rare COL✓±. -3. The required employer contribution rate for Plan Year 2011 will be the following: (a) Required rate without COLA: 11.74% (b) COLA rate: + 71 (enr 0 if not adopting a COLA) (c) Total required rate (a + b): = 1 l (erne, . * 4. Employers may elect to pay a rate greater than the total required rate listed above. Brazos County adopts for Plan Year 2011 (check one box): Elto maintain the elected rate of 11.80 %.. [Seto change the elected rare to 11.013 %. Dto eliminate the current elected rate and pay the total required rare listed above. 5. In the event the 2011 total required rate as sex out above exceeds I 1 %, and if a current waiver of that limit is not on file with TCDRS, the Commissioners Court of Brazos County hereby waives the 11% limit on the ram of employer contributions and such waiver will remain effective with respect to Future plan years until properly revoked by official action. Certification I certify that the foregoing authorization concerning the participation of Brazos County in TCDRS for Plan Year 2011 truly and accurately reflects the official actio en during a roperly posted and noticed meeting on 2010, by the Commissioners Coyrfg Brazos ou ty as ton is rec �ed in the official minutes. County Judge of Brazos Dared: Please fill in the required information for items 2, 3 and 4 before signing and sending this document to TCDRS. PLEASE FAX TO: (512)328-8887 vol. 131 pg. a 0 Apr. 9, 2010 TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N. LAMAR BLVD • BOX 4007 o AUSTIN, TEXAS 78773.0001 . _,,,, stxraxa.z000 e s www.txdj%state g,,,ys t a a BTEVENC Ma W COMMIBBION DIRECTOR ALLAN B. ROLUNSM,Y, CHAIR LAMAR BEOKWORTH G. TOM L'LOWE, M. BRAD RABLE - ADA DAMN DEPUTY DIRECTOR° CARINMARGYBARTR . PUD IC ASSISTANCE CLOSEOUT CERTIFICATI FORM Datc: 8/11/2010 Applicant: Brazos County Contact Person: Randy Sims Phone Number: 979 -361 -4101 Disaster Number: DR -179 PA ID Number: 041- 99041 -00 PW Numbers: 00689, 12306,12323, 12385 & 12392 Damaged Facilities: Cat A & Cat B Locations: Brazos County CERTIFICATION I HEREBY CERTIFY THAT FOR THE PROJECT WORK.SHEF.T(S) INDICATED ABOVE THAT: 1. All work and costs claimed are eligible in accordance with the grant conditions. 2. All worked claimed has been completed. 3. x312 expenses for work claimed and deemed eligible have been paid in full. 4. We make no further claim ' �amagesdes�ribed under the damage dimensions description section of the refire sect Wor]tsheet(ss . SIGNED: EQUAL O - FORM!! - ER MCC COVRTEBY•BERYICE•PRO7ECTIDN Vol. 13� Pg. 247 PUBLIC ASSISTANCE FILE CLOSEOUT FINAL CHECKLIST APPLICANT PA ID FEMA - DR Brazos County 041 99tY11 00 DR- 1791 -TX ❑ 1. No further action is pending or anticipated (i.e., appeals, suspended projects, alternate project requests, and time frames in which to submit an appeal). Review the applicant's fie to insure that all correspondence has been fully addressed. Also check to see that 60 days has passed since the last PA was submitted. 7 2. All PAs have been received. Compare the number of PAs received to the number of obligator supplements listed on the applicant's 15.5 (Obligation Report). Note that de- obligation supplements do not require a P.4 unless the de- obligation is the net result of an obligation and de- obligation made in the same supplement Normally, this is noted on the P.S. Supplement No. PA Received PA Inspected Sites ins cted PA In File 5x flame 0032 Yes Dec 12, 08 WA Yes 0439 Yes July 28, 09 NIA Yes 0446 Yes Aug 05, 09 NIA Yes 0447 Yes Aug 06, 09 N/A Yes o 3. All insurance purchasing requirements have been met Check to see if the applicant was required to purchase insurance on any approved PWs (See Public Assistance Guide). If so, insure that the applicant attached a copy of the current policy to the PA and that the existing coverage limits are equal to or greater then the requirements listed in the PW for facility and contents. ❑ 4. All payments have been made and no repayments are outstanding. Check the total on the most current payment summary sheet against the total on the latest P.5 (Obligation Report). P.5 Obligation . ,Payment Summa y — $92,463.18 $92,463.1$ ❑ 5. Determine the final cost -share percentage for the applicant by dividing the projects amount total by the actual expense total. - Total of all PW Obligation ---fr _ Amounts (from P.B) Total Applicant Claimed I Expenses (from PAs) Final Cost -Share Percentage $92,463.18 $92,463.18 1005 F1 6. Comments: (indicate alt site inspections that were made other than listed above and quarterly reviews.) File Reviewer"Jergpre Hadash_ —Date--a-11-2010 asv Vol. 1 3� Pg. EMMIE Date: 09.01.2010 14:02 Total Number of Records: 5 Applicant 10: 041.99041 -00 PW,- -£ cam. PA -064X- 1791•PW- A 00689(0) PA•06•TX• 1791 -PW- B 12306(0) PA- 06 -TX• 1791.FW- B 12323(0) PA- 06 -TX- 1791-PW 12385(0) PA•06•TX• 1791 -PW- 12392(0) 0 1:7 Page 1 of 1 Federal Emergency Management Agency Project Worksheet(0.1) Disaster: FEMA•1791 -0R -TX :arge Project Threshold:$ 60,900.00 PAC:JAMES Applicant / Subdivision: SRAZOS (COUNTY) County: Brazos DAVIDSON Review G2m➢.IAtton Qblieatio0 �?Ake9 �at.P..? dates. hlital Projected Recuested Cost Amount. % lOS�testt9n gigs, Shar_a 100%- CDmpi. Rate Final Actual Processed euMAle-AT 12.08- 03- 13.2009 12. 12.2008 Y'e1\ e+��r�Snuv0. f Y N $ 24,550.71 99 2008 ... PA -06.7X- 1791•'Of:2 �F 12 -12- 12 -12 -2008 State - 0032(31) 2008 07.18. 1�A -06- -1791- mn �erzkF 2a19 03.13.2009 07.28.2W9 Y N 5 31,220.27 99 - PA•96- 1X -t791- 07.27• 07. 26.2009 State - 04391437) 2004 07.18- 03.13.2009 07.28 -Z009 Y N S 16,699.03 99 2009 PA•06 -TX -1791• 07 -27• 07.28.2009 State - 0439(437) 2009 07.25• 03 -13 -2009 08- 05.2009 Y N $ 11,600.33 99 2009, PA-06-TX-1791- 08.01- 08. 05.2009 State - 0446(444) 2009 07.2 03- 13.2009 08.06.2009 6 Y N $ 8,392.84 99 PA• 0 7X•1791• 05 -05- OS•tl6.2004 State - 0447(445) 2009 Categories: Applicant Totals: PWS Category A: _ . 5 24,550.71 1 Category B: $ 67,912.47 4 Category G S 0.00 0 Category D: S 0.00 0 Category E: $ 0,00 0 CategoryF: S 400 0 Category G: S 0.00 0 Category 2: $ 0.00 0 Category. Totals per Applicant: $92,487.16 5 Grand Totals per Category . Categories PWg Category A: $24,550.71 1 Category B: 567,912.47 4 .. _ Category C: 50.03 0 Category D: $0M 0 Category E: $0.00 0 Category F: 50.00 0 Category G: $0.00 0 Category Z: $O.0D 0 Grand Total PW Amount: $92,463.18 5 https:llisource.femaL.netlemmiel reporttprojeetW orkshectRepott.do ?vo,selection =041- 99041 -,.. 9/1/2010 Vol. 1 3 . pg. asl C U � d Ems« p W N C PPg qz Or 0 0 C] Q 4 '� vv CC CC G pp ti z m w w m ro m m m 1a C S c N � c c tiry c � N N 6 N rfif M�M W n 4 H� Pf 9 N W DA C a O O h O o �v j N N Lei V4 N c r'n LL ry O ca O C7 in 0 0 O � v a m m a o p 3 p 9 NN p Np N N Nn p N OpNE� Iqf M m M ml ICmml+ D1 P M 0 0 p p O p A m t° m m �s G P �4 ri o � .n xx `a � U m v al 8 d m N m ry b S ry N � ti 9 W gg T x y a a u Oi u b u rv� u ri u N � M M 0 N d1 rppD � N tY M V r1 00 N M N in W +n H pp 0 n rtl M p Cmm�f O W „„G11 r1OGa O O O oo d O � e�1 eeYi '1 yw m rri ^� m N ti rn � rn M N O m O a m N Y O ep 4 wV V � � O d N yN m 0 0 Cmm�f O �i „„G11 r1OGa O O O oo d O � e�1 eeYi '1 yw Vol. I3 pg. a5 4 U � O ° C: L w O H m d fD 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 q-# day of ) (b, c A.D. 2010 aren McQueen County Clerk, County of BRAZOS, State of Texas Examined and approved in open Commissioners' Court this � day of `Pyti�2r 201 Randy Sims Bounty Judge Precinct 41 Duane Peters, Commissioner Precinct 42 Kenny Mallard, Cot t sioner Precin t 3 Irma Oauley, Co �Ionninct #4 Treasurer's Report for the MONTH of JULY 2010 Vo1. 13 Pg- a K K N w N J n Vol. 3 Pg. o Q Q C 0 Ab N F C u° N m a s' y� N pE U a� G A A d i 0 9 N m N b� P m ry m m O m n m PN -4 v S. S ry N n bM ON O NWi M O O b tri h pp• b N .p.ppp O gyp• of n� < � 9 N N� N m �p P p P t.Da n ui n IN+1 N y�Pi IINf P P N N', N M mF. O A VNl N N W� p 10 h N n N V N m b N 0 N p m 1.01 .r V' DJ N� p n VI 1.1 •G ti n .ni uP1 VWi N1 .Py M N µµ p .p N N �.a'.. 0 M u n n N m a m o ry pkl; :'. 111 ,rPt s s w s � m rx IJ M ♦'� :.'.:.. Ia11 y �p vPi O f`l 0 N ti C O. S N IN�1 M 1O N O ~ O M M i ymj O M O N 0 .OA n P C N C b b IN/l V' [+1 O m P o m^ mOm N uM1 O O O� OO N 1p0 pOm� h p� P O mO W N Q N N 1O N C O V N N Mm N t0 I7 OJ .y n P h IA M p M �O N �O V1 N LxL m m 0 N.. N y O ro b vMi W P o m P V M f� C O o M •� W 10 S M O 1� ti� S m V W m N N Yf`I N N P b C b N S Nm N 4yyNO1 m NN 0 O^ a P O^ O P 1p b C ti h N m W Q': S Q N o O b n C b n W N N N S m n n 1\ pW P O N m V •m:' N .' m m N m N 11 P mN N P N .Nr mP N M P N On1 V' P P P !mV 0 OJ P^ m N n Y N P h GI n N IN+1 N b P I(1 1N' :. N N� N .-1 M W m W N N I �MMfl; n % Wf M n) M V g S ommmm m W °n u°Jio m e cm IM: m:::::;N s P14 N-.e ~a� vim r^ ai o010 ° mmNff'.M -im a a �mNm ev v OJ phi W N n n: O y P rN' IWI N W n N .na O� N P O m 1/n1 b ti M N P P 1 b N W N N ^ p N NM M M u1M nim m y. M In IL I W t0 h n q Nq Ua T�k a4'I!i ° z aLL u tc ° °az' i '91 w uza z z f ai zo° o ii XX w z z z 5 z Q¢ C� a O jF2y- O O Z Z d y Q Z W WpW 6 1' W m �:i OI 3Y ®1- 1QUZIS�i l�U�J' 6 n9' g� a oZiy ". () n�+S CG 2 ��k ° ga �ig g��or �ffl o w Zu�d�x `sa i ° C5 z t�� C¢ i s 81 u �O o 0 8 0 ry S 8 S e S p 00 00 S O S O O P S pp O S Om S O O O O o 2 pp M P O m t M N N N N m N N N N M MM N M M M P P V P P 1/1 Vol. 3 Pg. o Q Q C 0 Ab N F C u° N m a s' y� N pE U a� G A A d i 0 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 47.1 thru 47.13 On this the 7th day of September 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Jnna Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 7th September 2010 the Court heard and approved a budget amendment for the 2009 -2010 budget year for Brazos County, Texas; and WHEREAS, 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 7th day of September 2010. THE COMMISSIONERSgOURT OF BRAZOS COUNTY, TEXAS. 0 County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes vol. 37 - -pg• ass BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS NO. 09110 - 47.1 9!7/2010 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 22600100 61500000 CR Printing 98.00 0100 22600100 51642000 DR Visitin Bailiffs 90.00 0100 226001.00 53100000 DR Social Security 7.00 0100 22600100 53800000 DR Worker's Compensation 1.00 County Drug Court Pro ram: Reallocation of funds to pay visitin g bailiff for 3 weeks. ($15/br; 2 hours /week; 3 weeks) 5 Vol. ► 3 pg. a Fund and BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 47.2 of four new tires Vol. _l! Pg- 0e, 57 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 47.3 7l7MR, FUNDI DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 35500100 59100000 CR DDEA 4,000.00 0 35500100 80455000 DR Leasehold Improvements 4,000.00 6102 Emergency Mana ement: Reallocation of funds to cover the cost of coax and antenna installation to establish radio communications in the CEOC. vol. 1131 Pg, a5k' BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 4T.4 917/2010 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 3000 288200 67286000 CR Equipment - Other 541.25 3000 288200 60400000 DR Investi anon Su lies 541.25 Sheriff's Office: JAG Grant Reallocation of funds for to purch ase additional investi anon supplies to be utilized in crime lab. Prepared By a WPt Vol. 137 Pg. 059 BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09/10 - 47.5 9/7/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 3202 282300 61120000 CR Confidential Funds 3,346.00 3202 282300 80890000 DR Vehicles 3,346.00 Sheriffs Office: SIU Reallocation of funds to cover the cost of hide awa tights & sirens and tool boxes for new vehicles. Vol. ' 3� P& , ), (O BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 47.6 9/7/2010 FUND DIV ACCT PROD DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Co ntin enc - General Fund 14,000.00 0100 91110000 DR ITramsfer to Capital Improvements 14,000.00 4500 49028000 CR Transfer fm General Fund 14,000.00 4500 63000500 80286000 DR Equipment - Other 10,000.00 4500 63000500 67286000 DR Equipment - Other 4,000.00 Risk Mana emeut: Transfer of fund to cover the pure hase of four 4 sur lus Renerators. VO1. 137 pg. 'S& r !j BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 - 47.7 917/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 4308 63430800 80130000 CR Building - Sheriff Jail 46,303.70 4308 63430800 67287000 AR Equipment - Radios 46,303.70 Jail Expansion 2007; Reallocation of funds to allow for the urchase of the Jail radios stem. gal I prep vgm up aEe '212 t Vol. 131 pg. e2 � A BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 47.9 9!712010 FUNDI DIV I ACCT I PROD DRICRI ACCOUNT NAME Increase Decrease 0100 12000100 59100000 CR DDEA 1400.00 0100 12000100 61110000 CR Conference and Seminar Fees 1,300.00 0100 12000100 61801000 CR Travel 850.00 0100 12000100 65450000 CR Office Equipment Maint 150.00 0100 12000100 67286000 DR E ui ment- Other 3,700.00 Treasurer's Office: Reallocation of funds to purchase a press sealer costing approximately $3,700 includin shi in . Vol. 131 Pg. '263 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 47.10 9/712010 FUND DtV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 16000100 60170000 CR Co ier /Printer /Fax 500.00 0100 16000100 61110000 CR Conference and Seminars 300.00 0100 16000100 61620000 CR Subscriptions & Publications 300.00 0100 16000100 67203000 DR Minor Com uter Hardware 1,100.00 Auditor's Office Reallocation of funds to purchase a a scanner for use in the de artment. Rre- Ardtf4RY Vol. —�— pg. p2�17 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 47.11 9/7/2010 FUND DIV ACCT PROD DRICR ACCOUNT NAME Increase I Decrease 4500 63000500 67286000 1 CR Equipment - Other 5,996.00 4500 63000500 80286000 1 DR Equipment - Other 5,996.00 Capital Improvement Transfer of fund to correctly allocate funds due to transfer of expense to correct account. (See Arad 16.2 & 22.3 for purchase of 2 hea du u[ili trailers Vol. `_ 37 Pg 0(05 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 47.12 917/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 14000100 80205000 CR Com uter - Network Costs 12 624.52 0100 14000100 65440000 DR Network Maintenance 12,624.52 Information Technology: Reallocation of funds to property track cabling costs. Vol. /3 pg. c2b & BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09110 •47.13 . annni n FUND DIV ACCT PROJ DR/CRI CCOUNT NAME Increase Decrease 4500 63000500 80120000 CR Buildin - Sheriff Admin 18,530.00 4500 63000500 67342000 DR Furniture 1,860.00 4500 63000500 60360000 DR Furniture 1,370.00 4500 63000500 65050000 DR Building Maintenance 14,300.00 4500 63000500 61740000 DR Telephone 1,000.00 Capital Im rovement: SO Dispatch Reallocation of funds for the cost of relocating the S.O. Dispatch. a67 Vol. I_____ �-- Pg.— PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 7, 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 Expo Complex M Overman, Chris Chadwick, Ken Cole, Marlin May, Terry Sullivan, Steven Approved in Commissioners' Court: Seotembe County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) New Hire Transfer wfin Dept. Retirement New Hire Resignation Vol. I ✓� Pg. ?lox COMMISSIONERS' COURT PUBLIC HEARING SEPTEMBER 13, 2010 The Commissioners' Court of Brazos County, Texas held a Public Hearing at the Brazos County Courthouse in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Monday, September 13, 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. Attached is a list of the citizens and officials in attendance. The purpose of the hearing is to hear commentary on the proposed budget for fiscal year ending September 30, 2011. The County Judge called the meeting to order and invited others to speak. Mike McCleary, Justice of the Peace, Precinct 1 addressed the use of a part time clerk and requested that he be given one for the 2011 fiscal year. The clerk would work 30 hours per week. Lynn Clary Yeager, New Executive Director of the Prenatal Clinic thanked the Court for their support. Vol )3% Page Ito Judy LeUnes, President of the Animal Shelter thanked the Court for its support. They no longer have to subsidize their budget with fundraisers and can now concentrate on getting their new building. Sheriff Chris Kirk, asked that he be given more funds for SO Administration for gasoline and vehicle maintenance, firearms readiness, Estray budget under funded, and a cell phone allowance for three (3) investigators that was previously funded by a grant. Wayne Dicky, Jail Administrator spoke on what was needed on the jail side. He said more funds for inmate health care, conference and seminar fees, building maintenance, utilities, increase in salary for two lieutenant positions in order to put the employees on 12 hours shifts. This he explained would provide more effective supervision. Isaac Butler, Constable, Precinct 4 needed more funds in the gasoline line item as well as for vehicle maintenance. Karen McQueen questioned the 38 percent and 45 percent salary increases for two positions in the Records Management department. She requested additional funds for raises for her employees. There being no further comment, the County Judge declared the Public hearing closed. Vol �J� Page ��� The foregoing minutes of the Commissioners Court Public Hearing held September 13, 2010 have been examined and are approved in open Court this the JUK day of (cftej 20Q) , in Bryan, Brazos County, Texas. Z 6, ou� Lloy4 Wassermann Commissioner, Precinct No. 1 �UII- - Duane Peters Kenny Malka d Commissioner, Commission (5t, Precinct No. 2 Precinct No. 3 Precinct No. 4 Attest: �C ge' Ze� a en McQueen County Clerk Vol I3q page ai l