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HomeMy WebLinkAbout2010-09-28-4:00PM-REGULARBRAZOS COUNTY BRYANTEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON SEPTEMBER 28, 2010 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Commissioner Peters. 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 - 27: 3. Agreement with the Brazos Animal Shelter for animal shelter services for FY 2011 (previously tablets. 4. 5. 6. 7. 8. 9. 10 AcIreement with Junction 505 for the management of recycling centers in Brazos County for FY 2011. Amended Juror Reimbursement Policy. V o�. i 3� Pg. to 4 11. 12. Request from the District Clerk for indemnification for shortages over five years in the following two accounts: a. Restitution amount b Deferred Revenue Account for $ 71.45. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22 23 24. Tax Refund Applications for the following: a. James A. & Clemmie Hollis b GMAC Mortgage c. Bertha Waldon d Angelina H Gorris 25. Budget Amendments. Budget Amendments 09/10 - 50.1 thru 50.6. 26. Personnel Change of Status. Personnel Action Forms. 27. Payment of Claims. 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. Vol. - 1---1� -- Pg- I5 --- _ 31. Adjourn. l 1 VOL.� P9-- 4 t O�J PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking 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 if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and/or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The 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. l of vol. COMMISSIONERS' COURT REGULAR MEETING SEPTEMBER 28, 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 4:00 p.m. on Tuesday, September 28, 2010 with the following members of the Court present: Randy Sims, County Judge, Absent; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2, Presiding; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. Commissioner Peters gave the invocation and then led the pledge of allegiance. There was no citizen input /and or concerns. The first matter before the Court was the agreement with the Brazos Animal Shelter for animal shelter services for FY 2011. The cost to Brazos County is $67,422.08 with the term commencing on October 1, 2010 and terminating on September 30, 2011. On motion by Commissioner Mallard, seconded by Vol I'M Page 10? Commissioners Court meeting September 28, 2010 2 Commissioner Cauley, the Court voted unanimously to approve the agreement and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was to consider a contract with IKON Office Solutions for the Brazos Center to lease a new copier through Buy Board Contract #299 -08. The term of the contract is for 60 months at a cost of $200.00 per month. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, 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 a contract with IKON Office Solutions to lease a new copier through TXMAS Contract #985 -L2, for the office of Brazos County Constable, Precinct 2. The term of the contract is for 60 months at a cost of $1,275.00 per month. On motion by Commissioner Mallard, seconded by Commissioner Cauley, the Court voted unanimously to approve the contract and authorized the County Judge to execute the document. A copy is attached. Charles Wendt asked the Court to verify the name of the vendor after the vote because he did not think it was IKON. Commissioners Mallard and Cauley rescinded their motion and second and it was approved unanimously. The Court proceeded to consider a Vol [3w Page 109 Commissioners Court meeting September 28, 2010 3 contract with the Cameron County Juvenile Justice Department for residential services. The cost to Brazos County is as follows: a) $95 per day per juvenile for Basic Care On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the contract with Cameron County Juvenile Just Department and authorized the County Judge to execute the document. A copy is attached. The next matter before the Court was to consider a an Independent Contractor Agreement between Brazos County and Junction Five -O -Five for the management of recycling centers in Brazos County. The centers are located at the following sites: Site 1 located Site 2 located Site 3 located Site 4 located Site 5 located Site 6 located on on on on on on Kathy Fleming Road FM 2038 State Highway 30 Raymond Stotzer Pkwy (FM 60) Mumford Road Silver Hill Road Cost to Brazos County is $2,414.40 per month /per site for a total monthly sum of $14,486.40. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, 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 RFP Vol ) � ° Page HD D Commissioners Court meeting September 28, 2010 4 Contract 2008 -040R - Delinquent Ad Valorem Tax Collection Service. This is for an additional two years with the same percentage collection rate. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to renew the contract with McCreary, Veselka, Bragg & Allen P.C. for the collection of delinquent taxes for Brazos County. The next matter for consideration was the Blue Cross Blue Shield of Texas 2010 Renewal Documents listed here below: a. Administrative Agreement /Fee Schedule b. Addendum - Performance Guidelines C. Exhibit - Performance Guidelines On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the above mentioned documents. They are attached here to. The Court proceeded to consider the Amended Juror Reimbursement Policy. Kay Hamilton, County Treasurer explained the process and the changes. She said she was very appreciative of all of the work the Information Technology Department put in to make change possible. On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the changes. The copy attached is redlined to show the policy. The Court next considered the revised job description for personnel in the Collection Department as it restructures to Vol M Page '114 Commissioners Court meeting September 28, 2010 5 become the centralized Collections Department for Brazos County. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the revised job descriptions for personnel in the Collections Department. A copy of each is attached. The next matter before the Court was to consider a request from the District Clerk for indemnification for shortages over five years in the following two accounts: a. Restitution account for $413.11 b. Deferred Revenue Account for $71.45 Marc Hamlin, District Clerk explained that this goes back to 2005. He has collected over $23,000,000 and is not sure it isn't a TSG program mistake. He asked that the funds come from Collections DDEA. Katie Conner, County Auditor also spoke on the issue of indemnification. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the indemnification for shortages. The next matter for consideration was a request from Kay Hamilton, County Treasurer for permission to allow excess funds to remain in the County's pool with TCDRS and to expense the amount of $98.26 from the Treasurer's DDEA account to reimburse the payroll fund. The amount was sent in error for a termed employee. TCDRS does not reimburse for funds sent in Vol � 9 Page l I Commissioners Court meeting September 28, 2010 6 error. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the request. The Court proceeded to consider a second request from the County Treasurer requesting the transfer of $839.98 from the Treasurer's DDEA account to reimburse payroll for the charge off of uncollected funds. On motion by Commissioner Mallard, seconded by Commissioner Peters, the Court voted unanimously to approve the request. The next matter for consideration by the Court was a request submitted by Tom Quarles, Director of Special Events Facilities seeking approval for out of state travel for Megan Kasperbauer, Expo Marketing Coordinator to travel to Atlanta, Georgia to attend the 2010 International Association of Business Communicators (IABC) Southern Region Conference October 28 through 30, 2010. Because Ms. Kasperbauer serves as a board member in the local IABC chapter her travel expenses will be covered by the chapter. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to grant the request from the Director of the Exposition Center. The next matter before the Court was to designate the day of the week and location for Commissioners Court to convene in Vol )39 Page 1 Commissioners Court meeting September 28, 2010 7 Regular Session each week during Fiscal Year 2011. On motion by Commissioner Peters, seconded by Commissioner Cauley, the Court voted unanimously to designate each Tuesday, at 4:00 p.m. at the Brazos County Administration Building to be the day, time and location for Commissioners Court to convene in Regular Session during Fiscal Year 2011. The Court next considered the cancellation of the October 5, 2010 Commissioners Court meeting due to there not being a quorum available on that date. On motion by Commissioner Mallard, seconded by Commissioner Wassermann, the Court voted unanimously to cancel the Commissioners Court meeting of October 5, 2010. The Court next considered an Exemption from Competitive Bidding Requirements of Local Government Code, Section 262.024(a)(11). On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the Exemption of Competitive Bidding Requirements for Resco Automotive for vehicle and equipment repairs and authorized the payment for expenses incurred for FY 2010 -2011. The next matter before the Court was to consider approval of a manual requisition in the amount of $9,250.00 to Greenway Constructors, Incorporated to make the necessary modifications to the entrance to the Arena Hall Voting Services to mitigate Vol PO Page 114 Commissioners Court meeting September 28, 2010 8 the rain blowing into the front doors of the building when the rain comes from the east or north sides of the building. The work is to be complete prior to the October 18th early voting date. On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the requisition. The next matter before the Court was a requisition in the amount of $1,600.00 to S. M. Hodge Company to design, monitor installation and test an audio visual system for the Exposition Center expansion. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to approve the requisition. The Court proceeded to consider a request from Bryan Texas Utilities to construct a road bore for installation of an underground electrical conduit in the right -of -way of Royer Road at its intersection with Greens Prairie Trail in Precinct 1. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Wassermann, seconded by Commissioner Cauley, the Court voted unanimously to approve the request from Bryan Texas Utilities and authorized the installation. A copy of the request is attached hereto. The next matter before the Court was to consider a Vol )"39 Page 115 Commissioners Court meeting September 28, 2010 9 request from the City of Bryan to construct a road bore for installation of a 30 inch steel casing for an 18 inch sanitary sewer line crossing Mumford Road right -of -way approximately 2,200 feet from its intersection with FM 2818. The site is in Precinct 4. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Cauley, seconded by Commissioner Wassermann, the Court voted unanimously to the request from the City of Bryan and authorized the installation. A copy of the request is attached hereto. The Court next considered the request from Wickson Creek Special Utility District to construct a 30 foot road bore for waterline installation(s) in the right -of -way of Shirley Road. The site is located in Precinct 2. The County Engineer stated that all appeared to be in order and recommended approval. On motion by Commissioner Peters, seconded by Commissioner Wassermann, the Court voted unanimously to approve the request from Wickson Creek Special Utility District and authorized the installation. A copy of the request is attached hereto. The next matter for consideration was approval of tax refund applications from the following individuals and/or companies: a. James A. & Clemmie Hollis, over payment $96.10 b. GMAC Mortgage, over payment $1,855.74 Vol 1 M Page 0 Commissioners Court meeting September 28, 2010 10 c. Bertha Waldon, over payment $29.68 d. Angelina H. Gorris, over payment $12.37 On motion by Commissioner Wassermann, seconded by Commissioner Mallard, the Court voted unanimously to approve the tax refund applications. The Court next considered Budget Amendment #09/10 -50.1 through 50.6 that would reallocate funds for S.O. Jail Administration, Juvenile -TYC Parole, Treasurer (2), Extension Service; and transfer funds from Contingency to Court Support Costs, On motion by Commissioner Cauley, seconded by Commissioner Peters, the Court voted unanimously to approve the budget amendment as submitted. A copy each amendment is attached. The Court proceeded to consider the change of status of employees as submitted on the attached Personnel Action Requests. On motion by Commissioner Wassermann, seconded by Commissioner Mallard, 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: 7079069 through 7079350 On motion by Commissioner Cauley, seconded by Commissioner Mallard, the Court voted unanimously to approve the Claims as submitted. Vol I �01 Page 1/11 Commissioners Court meeting September 28, 2010 11 Commissioner Peters then went back and addressed agenda item 5 where Charles Wendt, Assistant Purchasing Agent had asked to verify the vendor. Mr. Wendt then verified that CTWP was the correct vendor and not IKON. On motion by Commissioner Peters, seconded by Commissioner Mallard, the Court voted unanimously to approve the contract with CTWP and authorized the County Judge to execute the document. A copy is attached. There were no announcements of interest items and possible future agenda topics. Under citizen input and /or concerns, the following spoke: Sheriff Chris Kirk a) There were 587 inmates in jail, 41 have electronic monitors and 41 are pending for monitors. Under Agency /Board /Committee reports by Court members, the following spoke: Commissioner Mallard a) Noted that the quarterly meeting of the High Speed Rail will take place in Dallas tomorrow. He will be attending. There being no further business to come before the Court, the meeting was adjourned. Vol I �)I Page I I K The foregoing minutes of the Commissioners Court meeting held September 28, 2010 have been examined and are approved in open Court this the lTom- day of r , 2010, in Bryan, Brazos County,_ Texas. Randy S County /Z �C�LG�Lntic.� -- Lloyd Wassermann Commissioner, Precinct 1 Duane Peters Kenny MallaifdX Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Attest: areC� Queen County Clerk Vol 9 M Page IN COMMISSIONERS COURT MEETING and Time Name Organization /Department . i UI 'l ✓V 1 r A- C) gLe `£ P5SOC1 v��s Vol. 139 pg. 19-0 Name (PLEASE P 11.E es BRAZOSCOUNTY COMMISSIONER'S COURT DAY OF .:i W 200 Organization (PL$ PRINT) C , v s LI Vol. Pg- i al Pg_of_ #3 AGREEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2010 — September 30, 2011 THE STATE OF TEXAS COUNTY OF BRAZOS This Agreement is made this �Xfb day of September, 2010 by and between The Brazos Animal Shelter, Inc., a Texas non - profit corporation (herein the "Shelter) and Brazos County, Texas a political subdivision of the State of Texas acting by and through its duly elected Commissioners Court (herein "County Whereas, the Shelter operates a facility currently located at 2207 Finfeather Road, Bryan, Brazos County to house stray, unwanted or abandoned animals (herein the "Facility "); and Whereas, the COUNTY has a need of a facility to house animals, other than livestock, that it takes possession of throughout the COUNTY; Now: THEREFORE KNOW ALL BY THESE PRESENTS, that for and in consideration of the mutual covenants herein expressed, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The COUNTY agrees that all animals, other than livestock, seized within its jurisdiction by its duly appointed agents, may be delivered to the Facility, there to be impounded under the exclusive control and custody of the SHELTER for periods of time as required by State law and the applicable COUNTY Orders except as hereinafter set forth, but in no circumstances less than three (3) days unless determined by a certified euthanasia technician that euthanasia is necessary. 2. The COUNTY agrees to pay to the SHELTER an annual fee of S 67,422.08 based upon the tern of the contract. The fee shall be divided into twelve payments to be paid monthly. 3. The COUNTY shall and does hereby assign to the SHELTER those fees collected for the registration of dogs and cats within Brazos County commonly referred to as "license fees" The SHELTER shall administer the County License program (Registration of Dogs and Cats, Texas Health and Safety Code §826.031). 4. The COUNTY represents to the SHELTER that it has in force orders providing for the vaccination and licensing of animals under appropriate circumstances, providing for impounding of nuisance animals running at large, and that while this contract is in effect, such orders will be continued in force, provided, however, that such orders may be modified from time to time as the County deems appropriate. 5. The COUNTY agrees that every animal delivered to the SHELTER in accordance with this agreement, shall become the sole and exclusive property of the SHELTER (subject to reclamation by the owner), so that neither the COUNTY nor any agency nor agent of AGEEMENT FOR ANIMAL SHELTER SERVICES 1 Brazos County and Brazos Animal Shelter, Inc. October 1, 2010 — September 30, 2011 Vol. 139 Pg.--iaa_ the COUNTY, nor of the State of Texas, nor any institution, corporation nor individual shall have any claim or right to any animal not so claimed and redeemed. The COUNTY agrees, that the SHELTER shall have the undisputed right, consistent with the orders of the COUNTY, to humanely dispose of every animal given into its custody in accordance with the SHELTER's principles as follows: a. To place animals in the care, custody and control of new owners: and b. To humanely destroy animals which are not claimed by owners and which are not suitable for placement in the care, custody and control of new owners. 6. The SHELTER agrees to accept each and every animal delivered to the Facility located in Brazos County, Texas by the agents of the COUNTY and to provide each and every such animal with shelter, food, water and all other humane treatment of the same degree and kind that the SHELTER provides for all other animals which may come into its care, custody and control. The COUNTY shall not accept a surrender of ownership of an animal by it owner in the field. 7. The SHELTER agrees that it will make its Facility available to the COUNTY during its open hours and during periods of closure for the purpose of delivering animals to the SHELTER. 8. The SHELTER agrees to provide to the COUNTY on or before the last day of each month during the term of this contract a statement of the number of dogs, cats and miscellaneous animals received by the SHELTER from the COUNTY or otherwise retrieved from Brazos County, and the number of dogs and cats issued County tags during the preceding calendar month. 9. The COUNTY reserves the right to require an audit of the records of the SI-IELTER at any time deemed necessary for the limited purpose of verifying the number of animals registered and the number of animals attributable to the COUNTY and the length of stay of each such animal. 10. It is mutually agreed that the SHELTER shall provide facilities for rabies observation for at least six (6) dogs and eight (8) cats. Animals delivered to the SHELTER by the COUNTY for rabies observation shall be isolated for a period of time in accordance with State law. 11. In the event animals are being held by the SHELTER as a result of a cruelty, seizure or a legal hold has been placed upon the animals as a result of a criminal prosecution, the COUNTY shall reimburse the SHELTER for any.veterinarian invoices and medical bills incurred by the SHELTER until the COURT either awards the animal to the SHELTER, orders it destroyed or orders it returned to its owner. The COUNTY shall not be liable for these costs in the event the COURT orders the animal owner to pay such costs. 12. SHELTER shall at all times relevant to the fulfillment of this agreement have, keep, and maintain insurance covering general liability, worker's compensation if required by State law, and automobile liability. AGEEMENT FOR ANIMAL SHELTER SERVICES Z Brazos County and Brazos Animal Shelter, Inc. October 1, 2010 — September 30, 2011 1 0 Von. 139 P9. 3 Worker's Compensation insurance shall be at statutory limits, including employer's liability coverage at minimum limits of $500,000.00 each accident. Such policy will contain a waiver of subrogation in favor of the County. The General Liability insurance shall have a minimum combined single limit for bodily injury, personal injury, and property damage of $1,000,000.00 per occurrence and shall name the COUNTY as an additional insured. Automobile Liability insurance shall be continuously held with limits for bodily injury and for property damage of not less than $1,000,000.00 on all self - propelled vehicles used in connection with the animal control operation, whether owned, non -owned or hired. Copies of certificates evidencing such insurance as herein required shall be sent to the COUNTY for its records. The SHELTER agrees, to the extent allowed by law, to indemnify and hold harmless the COUNTY from all claims, damages, or causes of action which might arise from any obligations of SHELTER as outlined herein, and SHELTER specifically agrees to indemnify the COUNTY against all claims, damages or causes of action which might arise as a result of acts, omissions or negligence of SHELTER or its agents, including claims against the COUNTY for respondent supervisor or vicarious liability, arising out of SHELTER's obligations under this agreement. 13. The SHELTER shall at all times in performance of its agreement be considered as an independent contactor. Such status shall apply to all of the SHELTER's officers, agents and employees and in no event shall the SHELTER's officers, agents or employees be considered an employee of the COUNTY. 14. In the event the COUNTY fails to remit to the SHELTER the fees due hereunder, the COUNTY shall be in default. The SHELTER shall terminate the agreement for non - payment of fees if the COUNTY has not cured the default after 30day written notice. 15. TAX EXEMPT STATUS: As a political subdivision of the State of Texas BRAZOS COUNTY is tax exempt. Tax exemption certification will be furnished upon request. 16. GOVERNING LAW AND VENUE: The validity of the Agreement and all matters pertaining thereto shall be governed and determined by the Constitution and the laws of the State of Texas. Venue for any suit filed against BRAZOS COUNTY shall be Brazos County. 17. DISPUTE RESOLUTION: The dispute resolution process provided in Chapter 2009, Texas Government Code, and the related rules adopted by the Attorney General pursuant Chapter 2009, shall be used by BRAZOS COUNTY and SHELTER to attempt to resolve any claim for breach of contact made by SHELTER that cannot be resolved in the ordinary course of business. SHELTER shall submit written notice of a claim of breach of contract under this Chapter to the County Attorney — Civil Division of BRAZOS COUNTY, who shall examine SHELTER's claim and any counterclaim and negotiate with SHELTER in an effort to resolve the claim. 18. LIMITATIONS: The parties are aware that there are constitutional and statutory limitations on the authority of the COUNTY to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on COUNTY AGEEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2010 — September 30, 2011 Vol. 139 pg. 19 property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes.; limitations of periods to bring legal action; granting control of litigation or settlement to another parry; liability or acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations "). Any Agreement terms and conditions related to the Limitations will not be binding on the COUNTY except to the extent authorized by the laws and Constitution of the State of Texas. 19. The SHELTER agrees to provide the COUNTY AUDITOR with an amoral accounting statement evidencing the use and disbursement of monies paid by the COUNTY and shall allow the County Auditor access to its records and premises. 20. This Agreement is not assignable by either party. 21. This Agreement shall be for a term of one year commencing on October 1, 2010 and terminating on September 30, 2011. Either party may cancel this Agreement upon sixty (60) days written notice to the non - cancelling party. IN WITNESS WHEREOF, the said COUNTY and the said SHELTER have hereunto caused their representative corporate names and seals to be hereunto subscribed and affixed by their representative officers first thereunto duly authorized as of the date hereinabove first written. ATTEST: BRAZOS COUNTY, TEXAS CA"c K ren McQueen, County Clerk 4r Randy Sims, County Judge BRAZOS ANIMAL SHELTER, INC Ashley Wesp, ator�V AGEEMENT FOR ANIMAL SHELTER SERVICES Brazos County and Brazos Animal Shelter, Inc. October 1, 2010 — September 30, 2011 Vol. [3 9 P9. s A v?LOCALcov�k,RN'1`1�E1 T Product Schedule Number: State and Local Government Master Agreement Number: Document Efficiency At Work AWOaC P/ l� This Image Management Plus Product Schedule ( "Schedule ") is made part of the State and Local Government Master Agreement (`MasterrQgreement ") identified on this Schedule between IKON Office Solutions, Inc. ( "we" or "us ") and j3tq=o Sr Cowl O} as Customer ( "Customer" or "you "). All terms and conditions of the Master Agreem nt are incorporated into this Schedule and made a part hereof. It is the intent of the parties that this Schedule be separately enforceable as a complete an independent agreement, independent of all other Schedules to the Master Agreement. I A. CUSTOMER INFORMATION -` State PRODUCT DESCRIPTION ( "Product ") Billing City Number & Model Zip PAYMENTSCHEDULE Minimum Term Minimum Payment Minimum Payment Billing Frequency Advance Payment Months) dhout Tax Monthly j I °Payment �p R Quarterly !.:] I"& Last Payment 60 IMp /W 0 Other: Other Guaranteed Minimum lma es "° Cost of Additional Images' t Color �, t Color D4s 0 Meter ReadingBilling Frequency Q Monthly ❑ Quarterly ® Other: r1/ -nr r t Based upon Minimum Payment Billing Frequency ° Based upon standard ,,88 W' x I V paper size. Paper sizes greater than 8 + /x" x I V may count as more than one image. Sales Tax Exempt LP1 YES (Attach Exemption Certificate) Customer Billing Reference Number (P.O. #, etc.) Addendum(s) attached: rl YES (check if yes and indicate total number of pages: TERMS AND CONDITIONS 1. The first Payment will be due on the Effective Date. 2. You, the undersigned Customer, have applied to us to use the above- described items ( "Product ") for lawful commercial (non- consumer) purposes. THIS IS AN UNCONDITIONAL, NON - CANCELABLE AGREEMENT FOR THE MINIMUM TE INDICATED ABOVE. If we accept this Schedule, you agree to use the above Product on all the terms hereof, including the Terms nditions on the tK g .M & Ot 1- 888- ASKIKON www.ikon.com SIG PSa0.W"IW IKON Olt: Snhfiom• wd IKOP'.D rt EW -1 MWOA V'AR1.vLl.o q+wr ar: vadrn ak+ of IRON Ofri Mi.,, .f ..hu R-b e, --l—d vnMnmA Of RA, COmp,e. LA P,, Vol. j Pg. Master Agreement. THIS WILL ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS SCHEDULE AND THE MASTER AGREEMENT AND HAVE RECEIVED A COPY OF THIS SCHEDULE AND THE MASTER AGREEMENT. Image Charges/Meters: In return for the Minimum Payment, you are entitled to use the number of Guaranteed Minimum Images as specified in the Payment Schedule of this Agreement. The Meter Reading/Billing Frequency is the period of time (monthly, quarterly, etc.) for which the number of images used will be reconciled. If you use more than the Guaranteed Minimum Images during the selected Meter Reading/Billing Frequency period, you will pay additional charges at the applicable Cost of Additional Images as specified in the Payment Schedule of this Schedule for images, black and white and/or color, which exceed the Guaranteed Minimum Images ( "Additional Images "). The charge for Additional Images is calculated by multiplying the number of Additional Images times the applicable Cost of Additional Images. The Meter Reading/Billing Frequency may be different than the Minimum Payment Billing Frequency as specified in the Payment Schedule of this Schedule. You will provide us or our designee with the actual meter reading(s) by submitting meter reads electronically via an automated meter read program, or in any other reasonable manner requested by us or our designee from time to time. If such meter reading is not received within seven (7) days of either the end of the Meter Reading/Billing Frequency period or at our request, we may estimate the number of images used. Adjustments for estimated charges for Additional Images will be made upon receipt of actual meter reading(s). Notwithstanding any adjustment, you will never pay less than the Minimum Payment. 4. Additional Provisions (if any) are: THE PERSON GNING THIS AGREEMENT ON BEHALF OF C REPRES TS THAT HE /SHE HAS THE AUTHORITY TO rncrnnn Jrf 2n 5 N „ _ pled by: IKON OFFICE SOLUTIONS, INC. By: Printed Name: By. Printed Name: Signer Signature —� f 9 Title: Date: Title: d1LAhE7f Suc�e� l Dale' 1- 888- ASKIKON www.ikon.com SLG is IMP 0' 11) IkONOf11ce5nlw10 ie N and I KON _D— i- RICl,A,,,AIAC,kJ!AgRICaM1 COmpom nm eminmrAmJ I KON OIFCC SdmImnIue RIeoljn vn �eu•mdimdc -1, a RlmM1 Con,. v.Lid. pd- ?art Vol. 13 1 pg. I ol� � ' Document Efficiency IKON OFFICE SOLUTIONS, INC. _ At IMAGE MANAGEMENT PLUS COMMITMENTS _ ...Kwro...+.. The below service commitments (collectively, the "Service Commitments') are brought to you by IKON Office Solutions, Inc., an Ohio corporation having its principal place of business at 70 Valley Stream Parkway, Malvern, PA 19355 ( "IKON "), one of the largest distributors of office solutions in the word. The words 'you" and "your' refer to you, our customer. You agree that IKON alone is the party to provide all of the services set forth below and is fully responsible to you, the customer, for all of the Service Commitments. The Service Commitments are only applicable to the equipment ( "Equipment ") described in the Image Management Plus Product Schedule to which these Service Commitments are attached, excluding facsimile machines, single - function and wide - format printers and production units. The Service Commitments are effective on the date the Equipment is accepted by you and apply during IKON's normal business hours, excluding weekends and IKON recognized holidays. They remain in effect for the Minimum Tenn so long as no ongoing default exists on your part. TERM PRICE PROTECTION The Image Management Minimum Payment and the Cost of Additional Images, as described on the Image Management Plus Product Schedule, will not increase in price during the Minimum Term of the Image Management Plus Product Schedule, unless agreed to in writing and signed by both parties. EQUIPMENT SERVICE AND SUPPLIES IKON will provide full coverage maintenance services, including replacement pads, drums, labor and all service calls, during Normal Business Hours. 'Normal Business Hours' are between 3:00am and 5:00mi Monday to Friday excluding public holidays. IKON will also provide the supplies required to produce images on the Equipment covered under the Image Management Plus Product Schedule (other than non - metered equipment and soft- metered Equipment), The supplies will be provided according to manufacturer's s supply items such as paper and transparencies are not included. eRESPONSE TIME COMMITMENT IKON will provide a quarterly average response time of 2 to 6 businesor so calls located within a 30 -mile radius of any IKON office, and 4 to 8 business hours for service calls located within a 31-50 mile radius for the term of the Image Management Plus Product Schedule. Response time Is measured in aggregate for all Equipment covered by the Image Management Plus Product Schedule. UPTIME PERFORMANCE COMMITMENT IKON will service the Equipment to be Operational with a quarterly optima average of 96% during Normal Business Hours, excluding preventative and interim maintenance time. Downtime will begin at the time you place a service call to IKON and will end when the Equipment is again Operational. You agree to make the Equipment available to IKON for scheduled preventative and interim maintenance. You further agree to give IKON advance notice of any critical and specific optima needs you may have so that IKON can schedule with you interim and preventative maintenance in advance of such needs. As used In these Service Commitments "Operational' means substantial compliance with the manufacturer's specifications and/or performance standards and excludes customary end -user corrective actions. IMAGE VOLUME FLEXIBILITY AND EQUIPMENT ADDITIONS At any time after the expiration of the initial ninety day period of the original ten of the Image Management Plus Product Schedule to which these Service Commitments relate, IKON will, upon your request, review your image volume. If the image volume has moved upward or downward in an amount sufficient for you to consider an alternative plan, IKON will, on a quarterly basis, present pricing options to conform to a new image volume. If you agree that additional equipment Is required to satisfy your increased image volume requirements, IKON will include the equipment in the pricing options. The addition of equipment and/or increasesldecreases to the Guaranteed Minimum Images requires an amendment ('Amendment") to the Image Management Plus Product Schedule that must be agreed to and signed by both you and IKON. The Amendment may not be less than the remaining term of the existing Image Management Plus Product Schedule but may be extended for a ten up to 60 months. Adjustments to the Guaranteed Minimum Images commitment and/or the addition of equipment may result in a higher or lower minimum payment. Images decreases are limited to 25% of the Guaranteed Minimum Images in effect at the time of Amendment. EQUIPMENT AND PROFESSIONAL SERVICES UPGRADE OPTION At any time after the expiration of one -half of the original term of the Image Management Plus Product Schedule to which these Service Commitments relate, you may reconfigure the Equipment by adding, exchanging, or upgrading to an item of Equipment with additional features or enhanced technology. A new Image Management Plus Product Schedule or Amendment for not less than the remaining term of the existing Image Management Plus Product Schedule or Amendment, must be agreed to and signed by you and IKON. The Image Management Cost of Additional Images and the Minimum Payment of the new Image Management Plus Product Schedule or Amendment will be based on any obligations remaining on the Equipment, the added equipment and new image volume commitment. Your IKON Account Executive will be pleased to work with you on a Technology Refresh prior to the end of your Image Management Plus Product Schedule or Amendment. n PERFORMANCE COMMITMENT IKON Is committed to performing these Service Commitments and agrees to perform its services in a manner consistent with the applicable manufacturers specifications. If IKON fails to meet any Service Commitments and in the unlikely event that IKON is not able to repair the Equipment in your office, IKON, at IKON's election, will provide to you either the delivery of a temporary loaner, for use while the Equipment is being repaired at IKON's service center, or IKON will replace such Equipment with comparable Equipment of equal or greater capability at no additional charge. These are the exclusive remedies available to you under the Image Management Plus Commitments Customer's exclusive remedy shall be for IKON to re- perform any Services not in compliance with this warranty and brought to IKON's attention in writing within a reasonable time, but in no event more than thMy (30) days after such Services are erformed. If you are dissatisfied with IKON's performance, you must send a registered letter outlining your concerns to the address specified below in the 'Quality Assurance' section Please allow 30 days for resolution. - ACCOUNT MANAGEMENT Your IKON sales professional will, upon your request, be pleased to review your equipment performance metrics on a quarterly hasis and mutually convenient date and time. IKON will follow up within 8 business hours of a call or e-mail to one of our account management team members requesting a metrics review. IKON will, upon your request, be pleased to annually review your business environment and discuss ways in which we may improve efficiencies and reduce casts relating to your document management processes. QUALITY ASSURANCE Please send all correspondence relating to the Service Commitments via registered letter to the Quality Assurance Department located at: 3920 Arkwright Road, Macon, GA 31210, Attn: Quality Assurance, The Quality Assurance Department will coordinate resolution of any performance issues concerning the above Service Commitments with your local IKON office. If either of the Response Time or Upfime Performance Commitments is not met, a one -time credit equal to 3% of your Minimum Payment invoice total on the non - performing unit will be made available upon your request. Credit requests must be made in writing via registered letter to the address above. IKON is committed to responding to any questions regarding invoiced amounts for the use of the Equipment relating to the Product Schedule within in a two (2)dayfimeframe. To ensure the most tlmelyresponseplease call 7- 888 - ASK -IKON. MISCELLANEOUS These Service Commitments do not cover repairs resulting from misuse (including without limitation improper voltage or environment or the use of supplies that do not conform to the manufacturers specifications), subjective matters (such as color reproduction accuracy) or any other factor beyond the reasonable control of IKON. IKON and you each acknowledge that these Service Commitments represent the entire understanding of the parties with respect to the subject matter hereof and that your sole remedy for any Service Commitments not performed in accordance with the foregoing is as set forth under the section hereof entitled 'Performance Commitment'. The Service Commitments made herein are service and/or maintenance warranties and are not product warranties. Except as expressly set forth herein, IKON makes no warranties, express or implied, including any implied warranties of merchantability, fitness for use, or fitness for a particular purpose. Neither party hereto shall be liable to the other for any consequential, indirect, punitive or special damages. These Service Commitments shall be governed according to the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law principles. These Service Commitments are not assignable by the Customer. Unless otherwise stated in your Implementation Schedule, your Equipment will ONLY be serviced by an IKON Cert,fied Technician'. You acknowledge and agree that, in connection with its perormance 0 its obligations under these Service Commitments, IKON may place automated meter reading units on imaging devices, including but not limited to the Equipment, at your location in order to fzcifilate the timely and efficient collection of accurate meter read data on a monthly, quarterly or annual basis. IKON agrees that such units will be used by IKON solely for such purpose. Once transmuted, all meter read data shall become the sole property of IKON and will be utilized for billing purposes. IN WITNESS WHEREOF, each party has �ceaus ' s duly oriz der to exe to these Image Management Plus Commitments as of 20_ IKON OFFICE SOLUTIONS, INC. Date. qLW 1I n e, Date: IN1r'P n11p MW Clmi;:Sl- neRnnI mON`[W _, Lrdvv. A, vWk RI1111C 0._ [LON Offia S,, ;W,,­. ]w Ruli .W ­d ,a kC R -1i .Lid Payvinr Vol. —1 3 Pg. 1 aK . . Canon 985 L2 Catalogue Quote Lease or Rental CPA Ve,. ; -4 15954 Payee lD #: 13- 256. 1772 - 501 -035 Vendor Name: Canon USA lz7c.0 /0 Canon Financial Services Address: I 14904 COLLECTIONS GENTER DR City, State, Zip I Chicago, IL 60693 -0149 Reflect this NumeC ¢o ^11 Correspondence CTWP /MF Date: I August 16, 2010 Contract No. 1 985 1-2 Catalogue Customer Namennvoice Address: Address for Delivery: Brazos County Purchasing Unit Price Total Canon ImageRUNNER 25351 60 $73.00 $4,380.00 Agency Point of Contact: Cabinet Type C Phone: $1.40 E -Mail: Agency Accounts Payable Contact, 60 Phone: $734.40 E -Mail: Inner Finisher Additional Tray B1 60 Quoting Dealer Address: 410 E. Villa Marla, Bryan TX 77801 Dealer Authorized Signature Quoting Dealer Phone: (979) 220.1039 "STATE SALES TAX EXEMPTION CERTIFICATE REQUIRED FOR EVERY ORDER." Clawtem Description Quantity Unit Price Total Canon ImageRUNNER 25351 60 $73.00 $4,380.00 Cabinet Type C 60 $1.40 $84.00 Inner Finisher B1 60 $12.24 $734.40 Inner Finisher Additional Tray B1 60 $224 $134.40 Super G3 Fax Board AA1 60 $4.08 $244.80 $0.00 $0.00 $0.00 $0.00 !!� Maintenance includes all parts, labor and supplies 60 $21.25 $1,275.00 �I! i 2,500 impressions included, excess copies billed ® .01 $0.00 $0.00 1YS , 'ILI � 1 � v. a 11 Vol. 139 pg. D 1 State Contracts NOTE: The products listed are for use by eligible State of Texas entities ONLY and are not for personal purchase or purchase by commercial entities. • TxSmartBuxTerm Contracts • "Green" Items • Managed Term Contracts • Emergency emt Contracts • TXMAS Contracts Search Term Contracts Enter keywords or NIGP codes to find state contracts: Contract Terms and Instructions 985 -L2- PHOTOCOPIER LEASE AND RENTAL 05/2009 THRU 08/2011 For further information contact the Contract Management Team at (512) 463 -3034 or e-mail at tpass emoCiDcpa. state. tx.us Special note: Any lease or order issued before the expiration of this contract, for which the performance term runs beyond the stated term of this contract, shall remain valid for the entire term of the lease or order, and the terms and conditions of this contract continue to apply to such a lease even after the expiration of this contract. NOTICE, All purchase orders must be entered through the TxSmartBuv on -line orderingsystem. Section 1 - CONTRACT INFORMATION A. DESCRIPTION OF CONTRACT: 985 -1-2 - LEASE AND RENTAL OF DIGITAL DUPLICATING EQUIPMENT, MAINTENANCE AND SERVICE - INCLUDES ALL CONSUMABLES (TONER, STAPLES, ETC.) EXCEPT PAPER. Vol. _ L.� Pg _ 190 B. TERM OF THE CONTRACT: April 9, 2009 through August 31, 2010 Renewal Option Exercised: September 1, 2010 through August 31, 2011 RENEWAL OPTIONS AVAILALBE: September 1, 2011 through August 31, 2012 September 1, 2012 through August 31, 2013 September 1, 2013 through August 31, 2014 1st RENEWAL OPTION: September 1, 2010 through August 31, 2011 C. CONTRACT MANAGEMENT: Questions concerning terms and conditions may be directed to the TPASS Contract Management Office at: Wass cmoCd)cpa state tx us TPASS CONTACT: Questions concerning technical specifications should be directed to: Woody Fluharty, CTPM Strategic Sourcing & Contract Monitoring Phone:(512) 463 -3366 woody.fluharty@)cr)a.state.tx.us D. SPOT PURCHASE OPTION: NONE E. CORE items are listed on this contract utilizing the 11 digit commodity number. CORE ITEM ORDERING PROCEDURES: Orders must be placed through TxSmartBuy. NOTE for XEROX Orders: At the direction of the Xerox Representative, include this information on the TxSmartBuy purchase order by adding as a note /comment: Xerox Companies: Dahill Xerox Companies: Denitech Xerox companies: El Paso Triad F. ADD QUOTE ITEMS Quote items with associated pricing is provided through this contract and are provided on each Contractor's Listing. Vol. 13D pg_____i XEROX CATALOG CANON CATALOG Customers should consider consulting the Xerox and Canon sales representatives to determine individual requirements. Contact information can be located at the end of this contract. QUOTE ITEM ORDERING PROCEDURES: Orders for quote items must be placed through TxSmartBuy by utilizing the "Add Quote" function. Refer to the On -line TxSmartBuy System User Guides - Purchaser Guide available at the following link: TxSmartBuy System User System Guides G. DELIVERY SCHEDULE: Contractor has 30 days after receipt of order (ARO) to make complete in- housE delivery, installation and set up of the equipment. All deliveries shall be F.O.B. destination to the location(s) specified on the purchase order. Unit pricing is inclusive of all freight; delivery /handling fees; fuel surcharges and any other applicable fees /charges. Each item or delivery must be clearly marked with the complete destination address and the purchase order number. Each delivery must be accompanied by a packing slip, delivery ticket and install paperwork. Hours of Delivery: Delivery will be made during the hours of 8:00 am to 5:00 pm unless prior Customer approval for after -hours delivery has been obtained. Contractor is encouraged to obtain the Customer's hours of operation at receipt of order. Late Delivery Charge: The Customer may charge the Contractor a fee of $50.00 per day per purchase order for deliveries past the 30 -day requirement, unless the Customer agreed to an alternative delivery date. The Customer may deduct Vol. I'3 `� Pg. 1_ 3 any accumulated late delivery fees prior to payment of the invoice. Late fees will not be assessed if the Contractor has obtained prior written approval From the Customer for delivery, or if arrangements have been made with the Contractor for a loaned copier with like technical abilities. NOTE: A contractor providing equipment which does not meet all specifications and requirements does not constitute delivery, and the late fee will apply until the Contractor delivers the equipment in full compliance with the specifications and requirements to Customer's destination. SPECIAL NOTE FOR CANON: Rigging charges will be based on actual quote at time of service for delivery to locations/ buildings which do not have easy access for bringing equipment in and which require special handling to get to installation point. Call the Canon representative to obtain this quote. This will be added to the TxSmartBuy order through the "add quote" process. H. INSTALLATION AND TRAINING: Equipment installation and the training of at least three (3) operators of a photocopier are included in the lease pricing and includes in -house delivery, full installation and set -up. Training includes demonstrations and instructions on the proper operation of the equipment. The Contractor shall provide a factory trained representative to sufficiently and adequately train personnel in the use of the equipment, as needed by Customers. The Contractor shall coordinate training dates with the Customer. The Contractor shall provide additional training sessions upon request of the Customer, at no charge. After installation, the Contractor is responsible for removal of all waste packaging materials. vol. pg. )3-3 I. LEASE OPTION: TERM OF LEASE: A lease may consist of initial new placement orders or renewal orders of unitS initially installed under the Contract. Three (3) months prior to expiration of lease, the Contractor must provide the Customer with options to upgrade the equipment. 1. 36 Month Lease: A 36 consecutive month equipment plan that is not a lease purchase plan which shall terminate on the ending date of the 36 month period. No termination notice shall be required by either party if the full lease period is uninterrupted. 2. 48 Month Lease: A 48 consecutive month equipment plan that is not lease purchase plan which shall terminate on the ending date of the 48 month period No termination notice shall be required by either party if the full lease period is uninterrupted. 3. 60 Month Lease: A 60 consecutive month equipment plan that is not a lease purchase plan which shall terminate on the ending date of the 60 month period. No termination notice shall be required by either party if the full lease period is uninterrupted. 1. LEASE CANCELLATION /TERMINATION: Customers may cancel any part of the lease for cause under any one of the following circumstances and must provide the Contractor with a written notice 60 days in advance: 1. The Contractor fails to make delivery of equipment or services as specifiED in the Contract. 2. The Contractor fails to perform any of the provisions of the Contract. 3. Equipment fails to perform as represented by the Contractor. 4. The loss of continued appropriation of funds. If funding is not appropriated Vol. ---j___ Pg_ 3 =— for any payments under the Contract, the Customer shall notify the Contractor in writing and the payment obligations under the Contract shall terminate and the equipment returned to the Contractor as of the date that the funding expires. The Contractor shall remove the equipment at no additional charge. If cancellation should occur under this section, the Contractor shall refund in full any unused portion of the prepaid lease payment beginning on the effective date of the cancellation. K. LEASE EXPIRATION /RENEWAL: 1. Leases shall terminate upon completion of the specified lease term and be defined by the Customer's written statement of acceptance date. 2. Upon the conclusion of the 36, 48, or 60, month lease, the Customer must take action to have the equipment removed by providing the Contractor a 30 day written notice prior to the end of the lease period. 3. Upon mutual agreement with the Contractor, the Customer shall have the option to continue the lease of the equipment for the same term and rate as the current lease by providing a 30 day written notice prior to the end of the lease period provided the following conditions are met: a. Prices are equal to or below that specified for like equipment availabLE on CPA State Contract. b. Terms and conditions of the extension must be identical as those of the initial lease. c. Customer may extend lease up to the term of the initial lease period. During the extended lease, the Customer may cancel, without cause or penalty, upon 60 days written notice to the Contractor. d. The Customer will not pay installation or removal charges. Any such charges are included in the unit pricing. It is the sole responsibility of the Contractor to install and remove the equipment from the premises. vol.J I Pg.�� Equipment must be removed within fourteen (14) calendar days. The Customer will not be responsible for any damages after this time period. L. RENTAL OPTION: In addition to all leasing terms and conditions in this contract, a Rental option is available. Rentals may consist of initial new placement orders or renewal orders of units initially installed under this contract. Terms apply only to equipment acquired under the Rental price schedule. The rental price schedule is for any period up to 36 month term. M. RENTAL TERMINATION /CANCELLATION: The rental agreement can be cancelled, without penalty, with 30 days written notice. Any part of the rental may be cancelled for cause under any of the following circumstances: 1. The Contractor fails to make delivery of goods or services as specified in this Contract. 2. The Contractor fails to perform any of the provisions of this Contract 3. Equipment fails to perform as represented by the Contractor. 4. The loss of continued appropriation of funds. If funding is not appropriated for any payments under the Contract, the Customer shall notify the Contractor in writing and the payment obligations under the Contract shall terminate and the equipment returned to the Contractor as of the date that the funding expires. The Contractor shall remove the equipment at no additional charge. If cancellation should occur, the Contractor shall refund, in full, any unused portion of the prepaid Rental payment. 13tp Vol. (3 Pg- The CPA encourages customers not to misuse and /or abuse the 30 day cancellation. The CPA will make the sole determination of misuse and /or abuse. The customer will provide the Contractor a 30 day written notice that the equipment will not be renewed. N. CONVERTING RENTAL TO LEASE: Customers may coordinate with the Contractor to convert the rental equipment installed under this contract to a 36, 48 or 60 month lease at any time. If the lease option is exercised all lease pricing and terms will apply for the term selected: 36, 48 or 60 months. O. EQUIPMENT REMOVAL: After notification by Customer of cancellation, it is the Contractor's sole responsibility to properly prepare the equipment for removal and shipment from the Customer's location in accordance with the contract. The final removal shall be coordinated with the Customer and completed within the 30 or 60 day cancellation period. Vol. 3 I pg. I -bl CONTRACT NO. V FOR RESIDENTIAL SERVICES STATE OF TEXAS COUNTY OF CAMERON CAMERON COUNTY JUVENILE JUSTICE DEPARTMENT Amador R. Rodriguez Juvenile Boot Camp and Educational Center Term: September 1, 2010 — August 31, 2011 This Agreement is entered into by and between Brazos County Juvenile Board, at the request of and on behalf of the Brazos County Juvenile Probation Department (collectively referred to as "Juvenile Probation ") and Cameron County Juvenile Justice Department a governmental entity licensed to provide child care services by the Texas Juvenile Probation Commission ( "Service Provider "). 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 2330 W. Highway 77, San Benito Texas, 78586. The business office address of Service Provider is P.O. Box 1690, San Benito Texas 78586. All notices to the Brazos County Juvenile Probation Department shall be sent by certified or registered mail, addressed to: Brazos County Juvenile Probation Department 1904 W. 51121, Bryan Texas 77803 to the Chief Juvenile Probation Officer, Douglas Vance. ARTICLE II TERM 2.01 The term of this Agreement is for twelve (12) months, commencing September 1, 2010, and ending August 31 2011. It shall be automatically renewed for one year terms thereafter, 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 shall 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. Under this agreement, Brazos County Juvenile Probation Department may referjuveniles in need of the Ninety (90) day Pride Attitude and Motivation Program (PAM) or the standard one - hundred eighty day (180) program. 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 Vol. A 33 Contract No. routine home environment with guidance and supervision to meet the needs of the child; or 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 meaningful 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. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, 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. 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; Page 2 of 16 Vol, 131 pp'. 131 l contract No. educational; mental /behavioral health; relationship; socialization; permanence; parent and child participation. F. Initiate and document meetings to review the Individualized Program Plan 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 parent(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. I. 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 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 medical /psychiatric 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. Page 3 of 16 pe 140 Contract No, A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 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. 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. 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 COMPENSATION 5.01 For and in consideration of the above- mentioned services, Juvenile Probation agrees to pay Service Provider not more titan 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. For services rendered under this agreement, Brazos County Juvenile Probation Department shall pay the sum of Ninety-Five ($95.00) Dollars per day per child for each dayjuveniles are placed at the facility. Charges will include the day of admittance, regardless of the hour of admittance; plus the number of days until released, including the day of release regardless of the hour. 5.03 Medical: Brazos County Juvenile Probation Department agrees to be responsible for payment of medical care to the juveniles placed at the Amador R. Rodriguez Juvenile Boot Camp and Educational Center (ARJBCEC) and to pay for emergency examinations, treatments, and hospitalizations in the event the child's medical insurance does not cover the cost. The ARJBCEC shall notify Brazos County Juvenile Probation Department of any emergency or medical condition requiring medical care within one (1) regular working day of its occurrence. 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 Page 4 of 16 Vol. 139 Pg. 141 Contract No. 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. Payments shall be made monthly within ten (10) working days after receipt. Payment shall be made to Cameron County Juvenile Probation Department, P.O. Box 1690, San Benito Texas 78586. 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. 5.06 In order to avoid duplicate payments for children being transferred to another child care agency under contract with 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 and /or to review its records periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 6.02 Service Provider shall 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. Page 5 of 16 VOL __ 1 13 pg. i I' Q Contract No. 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 all or part of the consideration. ARTICLE VII CONFIDENTIALITY OF RECORDS 7.01 Service Provider shall maintain strict confidentiality of all information and records relating to 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 juvenilejustice facility orjuvenile 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: 1. 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. Page 6 of 16 Vol. 13 � Pg. Contract No. 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. 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 ajuvenile in a juvenile justice facility orjuvenilejustice 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 juvenilejustice 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 underjuvenile 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 housingjuveniles under juvenile court j urisd iction. Page 7 of 16 Vot. 31 1 Pg. l Contract No. 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 orjuvenile board that serves juveniles raider 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 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 ofjuvenile 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. Page 8 of 16 Vol. 1S P9. Contract No. 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. Ajailable 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; 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. 9.07 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 juvenilejustice 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 OF 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 ajuvenile justice facility or juvenile justice program; Page 9 of 16 Vol. 159 1 Pg- Contract No. 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 a juvenile 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 orjuvenile 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 ajuvenile justice facility or juvenile justice program that required to register as a sex offender; and 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 affirmative 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 ajuvenile justice facility orjuvenile 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 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the prior written consent of Juvenile Probation. ARTICLE XIII 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. Page 10 of 16 von. 1 39 Pg. Contract No. ARTICLE XIV DEFA LT 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 (10) days. 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 XV I 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 Juvenile Probation Department 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 22 gqPage I of 16 I 110 vol. !! J I1 Pg. r To Contract No. 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 Juvenile Probation Department for any act(s) of commission or omission of Brazos County 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 IMMUNITY 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 Juvenile Probation has by operation of law. Nothing in this Agreement is intended to benefit any third party beneficiary. ARTICLE XIX REPRESENTATIONS & WARRANTIES 19.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement; B. That it is qualified to do business in the State of Texas; that it holds all necessary licenses and staff certifications to provide the type(s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operation of its business; and that there are no taxes due and owing to the State of Texas, the County of Cameron, or any political subdivision thereof; C. That it carries sufficient insurance to provide protection to Brazos County 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 the Brazos County Juvenile Board and the 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 Family 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. Page 12 of 16 Vol. L39 pg. Il 1 Contract No. 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 Cameron County, Texas. ARTICLE XXI VENUE 21.01 Exclusive venue for any litigation arising from this Agreement shall be in Cameron 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 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 first 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 not 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. Page 13 of 16 Vol. I3 1 q Pg. ` Contract No. 22.08 In accordance with §29.012(b)(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 XXIII LEGAL CONSTRUCTION 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 and their effective date. Continuation of services after the effective date by Service Provider will signify its acceptance of these changes. If Service Provider declines to accept changes made by Juvenile Probation, Service Provider may terminate this Agreement subject to the conditions herein. Page 14 of 16 Vol. 13 I Pg• L 5I Contract No. ON 20 to FULLY EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE TIM FULL FORCE AND EFFECT OF AN ORIGINAL. BRAZOS COUNTY JUVENILE BOARD By: ilzr HON. RANDY SIMS County Judge By: K)\ DOUGLAS V CE Chief Juvenile Probation Officer Brazos County Juvenile Probation Department CAMERON COUNTY JUVENILE PROBATION DEPAATMF,.NT , 0 County Juvenile Board By: L'4" TOMMY RAM - Chief Juvenile Pro n Office Cameron County Juvenile Probation Department Page 15 of 16 Vol. 13 J Pg. 15 a EXHIBIT A BASIC LEVEL $95.00 per day per child 1 s tt I 3 Contract No. f S a Page 16 of 16 Vol. j 3j pg. J G 3 #7 JUNCTION 505 BRAZOSCOUNTY BRYAN,TEXAS SUPPLEMENT TO INDEPENDENT CONTRACTOR AGREEMENT WHEREAS, Brazos County, Texas, acting by and through its duly elected Commissioners Court (hereinafter "COUNTY ") and Junction Five-0-Five, a Texas non- profit corporation (hereinafter 'JUNCTION'), EXECUTED as Independent Contract Agreement dated the 17th day of November 1992 for the establishment and management of recycling centers in Brazos County, Texas (hereinafter the "Agreement "); and WHEREAS, the COUNTY agrees to maintain the pay to JUNCTION in the sum of two thousand four hundred fourteen dollars and forty cents ($2414.40) per month, per site for a total monthly sum of fourteen thousand four hundred eight -six dollars and forty cents ($14,486.40) for services to be rendered by JUNCTION for each of the following sites described below and in the Agreement: Site I located on Kathy Fleming Road Site 2 located on FM 2038 Site 3 located on State Highway 30 Site 4 located on Raymond Stotzer Pkwy (FM 60) Site 5 located on Mumford Road Site 6 located on Silver Hill Road In as other respects the terms and conditions of the Agreement remain unaltered and the parties hereto confirm, ratify and reaffirm the terms and conditions of said Agreement. NOW THEREFORE, Approved this day of, <�2er, 2010 BRAZZOOS COUNTY, TEXAS JUNCTION FIVE -O -FIVE for Randy Sims, County Judge Iris Woolley Executive Di for Vol. 1131 Pg. 15+ CONTRACT RENEWAL: By signing herewith, we acknowledge and agree to renew the current RFP- 2008 -04OR — Delinquent Ad Valorem Tax Collection Service. The new RFP number will be 2010 -46R. I understand that Bid 2010 -46R will be in effect from September 30, 2010 through September 29, 2012. MCCREARY, VESELKA, BRAGG & ALLEN Shelburne Veselka to BRAZOS COUNTY Randy Sims, County Judge Date Vol. 151 pg. 5 REQUEST FOR PROPOSAL DELINQUENT AD VALOREM TAX COLLECTION SERVICE BRAZOS COUNTY PURCHASING DEPARTMENT 200 S. Texas Ave., Ste. 352 Bryan, Texas 77803 Request for Proposal No. 2010 -46R Telephone (979) 361 -4291 Page 1 of 6 pages Proposals will be received at the Brazos County Purchasing Department until and publicly opened and acknowledged at in the Purchasing Department, Suite 352, Brazos County Administrative Building, Bryan, Texas 77803. A. SCOPE OF REQUEST FOR PROPOSAL Proposals are solicited for Delinquent Ad Valorem Tax Collection Service for a period of two years with an option to renew for additional two year periods as desired. Current participants include Brazos County, the City of Bryan, the City of College Station, and the College Station Independent School District (hereinafter referred to as ` BRAZOS COUNTY'). These entities are not obligated to participate in any new agreements. The law firm selected will be the firm which, in the opinion of the participants, is the best qualified and possesses experience in the collection of delinquent ad valorem taxes. B. CONDITIONS OF SUBMISSION The following instructions apply to all proposals and become a part of terms and conditions of any proposal submitted to Brazos County, unless otherwise specified elsewhere in this request. All companies submitting proposals are required to be informed of these Terms and Conditions and will be held responsible for having done so: Definitions: In order to simplify the language throughout this request for proposal, the following definitions shall apply: A. BRAZOS COUNTY - Same as County. B. COMMISSIONERS' COURT - The elected officials of Brazos County, Texas given the authority to exercise such powers and jurisdiction of all county business as conferred by the State Constitution and Laws. C. CONTRACT - An agreement between the County and a Supplier to furnish supplies and/or services over a designated period of time during which repeated purchases are made of the commodity specified. D. CONTRACTOR - The successful Candidate(s) of this request for proposal. E. COUNTY - The government of Brazos County, Texas and its authorized representative. F. SELECTION COMMITTEE - Representatives from each participating agency. pmt. 3 pv, Proposal Continuation Sheet Request for Proposal No. 2010 -46R BRAZOS COUNTY, TEXAS Page 2 of 6 Pages G. SUB - CONTRACTOR - Any contractor hired by the Contractor or Supplier to furnish materials and services specified in this request for proposal. H. SUPPLIER - Same as Contractor. 2. By your signature on the attached contract and upon approval by the Commissioners' Court, this proposal and the successful response to this proposal becomes a part of any working contract between Brazos County and the successful contractor for the period designated. 3. RFPs must be submitted on this form by downloading on Brazos County website (www.co.brazos.tx.us), to Purchasing Department at the link entitled current Bids, RFP's and RFQ's. Bid number and name should be on the front of the envelope submitted to the Purchasing Department. Bids will not be considered if submitted by telephone, fax or any other means of rapid dispatch,' nor will a bid be considered if submitted to any other person or department other than specifically instructed. 4. The County reserves the right to acceptor reject in part or in whole, any proposals submitted, and to waive any technicalities for the best interest of the County. Brazos County shall not be responsible for any verbal communication between any employee of the County and any potential candidate. Only written specifications and written price quotations will be considered. 6. Brazos County reserves the right to reject any proposal that does not fully respond to each specified item. 7. Candidates must include Employer Identification Number or Social Security Number for the proposal to be valid. 8. Should there be a change in ownership or management, the contract shall be canceled unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. This contract is nontransferable by either party. 9. The County may cancel the contract at any time for any reason, provided a thirty day written notice is given. 10. The proposal award shall be based on, but not necessarily limited to, the following factors, in the proportions stated: 10% A. Clarity of proposal and supporting data 20% B. Proven experience in the field of delinquent ad valorem tax collections as evidenced by your responses to the Proposal Requirements section of this Request for Proposal Vol. 113_ Pg• I'G77 Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Request for Proposal•No. 2010 -46R Page 3 of 6 Pages 10% C. Sufficiency of data processing services 10% D. References from other clients 30% E. Demonstrated success in collecting a given years delinquent taxes that went delinquent as of July 1; proven success shown for at least three jurisdictions for two years or more. 20% F. Experienced professional staff and sufficient support to handle the job All Proposers reasonably susceptible of being selected based on the above evaluation criteria may be given an opportunity to make a presentation and/or interview with the Selection Committee. Following all interviews, firms will be ranked in order of preference and contract negotiations will begin with the top ranked firm. II.Acceptance of services provided shall be made by the County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to the County of any and all documentation as may be required. 12. The successful Proposer will be required to enter into a single contract with Brazos County to include all participating agencies as identified in the Scope of this Proposal (see attached sample contract). Any variation from the contract terms must be indicated on the Proposal documents, or on a separate attachment to the Proposal. Any attachments must be clearly labeled as attachments to this Proposal. 13. Proposals shall be opened so as to avoid disclosure of contents to competing proposers and kept secret during the process of negotiation. All proposals that have been submitted shall be open for public inspection after the contract is awarded, except for trade secrets and confidential information contained in the proposal and plainly identified as such. 14. All proposals reasonably susceptible of being selected will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submission and before award for the purpose of obtaining the best and final offers. C. PROPOSAL REQUIREMENTS Each firm should submit seven (7) copies of their proposal. Elements to be included are as follows: 1. Table of Contents: Include a positive identification of the material by section and page number. Vol. I3cl Pg.-- =— Proposal Continuation Sheet BRAZOS COUNTY, TEXAS Request for Proposal No. 2010 -46R Page 4 of 6 Pages 2. Scope of Proposal Section: Define completely the scope of services to be provided in terms of comprehensive data processing support, notification procedures to taxpayers, address and title research procedures, legal assistance and reporting to the County. PLEASE PROVIDE SPECIFIC RESPONSES TO THE FOLLOWING: A. Provide a detailed analysis of estimated results including overall collection rate, percent of address locations, number of lawsuits to be filed, number of mailings, number of tax sales to be conducted each year and the number of expected summary seizures. B. State whether or not your firm can provide automated data processing services in the following areas: 1. Delinquent account collections. 2. Follow -up notification on delinquent accounts. 3. Suit filing. 4. Reporting for accountability and statistics. C. Describe your delinquent tax collection procedures which, at minimum, must include notification to taxpayers by personal service or citation by publication in a newspaper of general circulation, address research, payment plans, and suit filing. D. State how your firm researches proper ownership for real estate and personal property accounts. E. State how your firm investigates accounts to determine errors, double assessments, and other discrepancies in the tax roll. . F. State whether or not you can provide the following: 1. Account screening to determine the validity of filing suit. Would your firm be willing not to pursue cases as requested by the County due to a hardship or other difficulty? 2. What procedures do you follow in filing a lawsuit. 3. State how your firm monitors law suits filed. 4. State whether you schedule and monitor installment payment arrangements. If so, describe how the scheduling and monitoring are accomplished. 5. State your firms procedures relative to execution sales. 6. State your firms procedures relative to filing appropriate liens in bankruptcies. 7. State your firms procedures relating to the collection of property based liens, ie. city paving, mowing, and building demolition. These services are requested at no additional expense to participating agencies. If unable to provide at no additional expense, please submit terms under which these collections may occur. Vol. 131 pg. l 5 9 Proposal Continuation Sheet Request for Proposal No. 2010 -46R BRAZOS COUNTY, TEXAS Page 5 of 6 Pages 8. Has your firm represented school districts in appeals of property values as determined by the State Comptroller's Office? These services are requested at no additional expense to participating school districts. If unable to provide at no additional expense, please submit terms under which these appeals may occur. 3. Attorney and Technical Support Staff Section: Identify the managing attorney and professional staff to be assigned to this account. Indicate the number of support staff assigned to this account, both in the home office and on -site in the Brazos County Tax Assessor - Collector's office. Professional qualifications and resumes should be included for personnel assigned duties on -site in Brazos County. Resumes for key professionals should be included. 4. Qualifications of Firm Section: State your firms qualifications in the area of delinquent tax collections. Please provide responses to the following: A. State how long your firm has been engaged in the business of delinquent tax collection. B. Please provide the following data for at least three jurisdictions under contract to your firm: For the year prior to when your firm was hired: a. The total amount of the tax levy. b. The amount of delinquent taxes collected. 2. For the year in which your firm was hired: a. The total amount of the tax levy. b. The amount of delinquent taxes collected. For the year following the year your firm was hired: a. The total amount of the tax levy. b. The amount of delinquent taxes collected. 4. State the number of lawsuits filed by at least three clients the year before your firm was hired, the year your firm was hired, and the year following. 5. State the number of judgments entered by at least three clients the year before, your firm was hired, the year your firm was hired, and the year following. 6. Include a list of clients and references that may be contacted. Please include the names and telephone numbers of client officials responsible for the taxing jurisdiction. q Le-0 Vol. 13 I Pg. 9 Proposal Continuation Sheet Request for Proposal No. 2010 -46R BRAZOS COUNTY, TEXAS Page 6 of 6 Pages D. State in detail any other services you propose to provide to the County as a part of the collection of delinquent ad valorem taxes. 5. Sample Reports Section: Please 'include samples of all the reports your firm will provide to the participating taxing entities. Please include a schedule detailing how often each report will be issued to each entity. D. FEES The County proposes a fee not to exceed the statutory maximum of all taxes, penalties, and interest collected in accordance with the Property Tax Code, Section 33.07. E. CONFLICTS OF INTEREST Provide a listing of all non -tax collection clients represented by your firm in Brazos County. State how your firm plans to handle any accounts wherein your client would owe delinquent taxes, have a lien on property on which taxes are delinquent, or any areas where your firm might have a conflict of interest. F. CERTIFICATION OF PROPOSAL The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other candidate and that the contents of this proposal have not been communicated to any other candidate prior to the official opening of this proposal. Signed By: Typed Title: Company Name: Phone Mailing Address: P. O. Box or Street City State Zip Employer Identification Number: Social Security Number: CORPORATE SEAL IF SUBMITTED BY A CORPORATION APPROVED: Judge Randy Sims Date END OF PROPOSAL REQUEST NO. 2010-46R Vol. �3 ! Pg. I to I MCCREARY, VESELKA, BRAGG & ALLEN, P.C. CONTRACT FOR THE COLLECTION OF DELINQUENT PROPERTY TAXES THE STATE OF TEXAS § COUNTY OF BRAZOS § THIS CONTRACT is made and entered into by and between The County of Brazos, Texas (The County), acting herein by and through its governing body, and McCreary, Veselka, Bragg and Allen, P.C. (The Firm), 700 Jeffrey Way, Suite 100, P.O. Box 1269, Round Rock, Texas 78680. The County agrees to employ and does hereby employ MVBA to enforce by lawsuit or otherwise the collection of all delinquent taxes, penalty and interest owing to all of the taxing units for which The County collects property taxes except the Bryan ISD. Current year taxes which become delinquent within the period of this Contract shall become subject to the terms of this Contract upon the following conditions: A. Taxes on real property that become delinquent during the term of this Contract, that are not delinquent for any prior years, become subject to the terms of this Contract on July I" of the year in which they become delinquent. B. Taxes on tangible personal property that becomes delinquent during the term of this Contract become subject to the terms of this Contract if not paid within sixty days of the date on which the taxes become delinquent. C. Not withstanding A and B above, taxes on tangible personal property and real property that become delinquent during the term of this Contract that are also delinquent for prior tax years and is the subject of a lawsuit to collect the prior years delinquent taxes, shall become subject to its terms on the first day of delinquency as defined by the Texas Property Tax Code. II. The County agrees to furnish all necessary delinquent tax information to The Firm on all property within the boundaries of The County. The County shall provide The Firm a computer file of all delinquent taxes each quarter of the year. The County hereby authorizes The Firm to determine the name, identity and location of necessary parties and to procure necessary legal descriptions of property and hereby assigns to The Firm the right to recover the costs of obtaining such information. www.mvbalaw.com Page 1 of VOL- 139 pg. 16 a III. The Firm agrees to mail the tax notices required by Sections 33.07, 33.08, and 33.11 of the Texas Property Tax Code at no charge provided that The County timely furnishes electronically the delinquent tax information to The Firm. IV. The County shall provide Office Space in the County Tax Office to accommodate two (2) employees of The Firm and system access for The Firm's two (2) computer terminals and a printer. V. The Firm is to advise The County of errors, double assessments or other discrepancies coming under observation during the progress of the work. VI. The Firm is to intervene on behalf of The County in all suits for ad valorem taxes hereafter filed by any other taxing unit on property located within its boundaries. VII. The Firm agrees to make written delinquent tax collection progress reports to The County quarterly or upon request. VIII. The annual goal for total delinquent collection of the outstanding balance as of September 1 for each of the four taxing jurisdictions is established: for Brazos County a collection goal of thirty-nine percent (39 %), City of Bryan a collection goal of thirty -seven percent (37 %), City of College Station a collection goal of forty -seven percent (47 %) and College Station Independent School District a collection goal of forty -eight (48 %). The percentage collection goal shall be calculated using September 1 Delinquent Balance as compared to the following August 31 Delinquent Balance. The data used will be that shown on the monthly reports of the Brazos County Tax Office. If a goal is not met or exceeded, The Firm shall pay a penalty to The County in the amount of six thousand ($6,000), the City of Bryan in the amount of four thousand ($4,000), the City of College Station in the amount of two thousand five hundred ($2,500) or to the College Station Independent School District in the amonnt of nine thousand ($9,000). www.mvbalaw.com von. 139 pg. J (P3 Page 2 of 4 IX. The County agrees to pay The Firm, for services rendered; fifteen percent (15 %) of all delinquent taxes, penalty and interest collected by The County for itself and all the taxing units for which it collects except for the Bryan Independent School District, for years covered by this contract. The penalty imposed pursuant to Sections 33.07, 33.08, and 33.11 of the Property Tax Code is not subject to this contractual fee. The County shall pay fees due The Firm monthly by check. X. The Firm agrees to include with its tax lien foreclosures, upon request, for the Cities of Bryan and College Station, any other city liens which are assessed against the same properties. An additional title research fee of twenty -five dollars ($25.00) shall be charged against these properties to be collected as court costs and paid to The Firm. XI. The Firm agrees to pay in the month of July all the taxes, penalties and interest on those accounts on which the total due is one dollar ($1.00) or less. XII. The Firm shall represent the College Station ISD in any necessary appeal of the annual Property Value Study conducted by the Texas Controller of Public Accounts at no cost to the school district. XIII. The Firm shall and does hereby agree to indemnify and hold harmless The County, its officers and employees, from any and all damages, loss, or liability of any kind whatsoever, by reason of injury to property or third persons occasioned by any error, omission or negligent act of The Firm, its officers, agents, employees, invitees, and other persons for whom it is legally liable, with regard to the performance of this Contract, and The Firm will, at its cost and expense, defend and protect The County against any and all such claims and demands. www.mvbalawxom Page 3 of 4 Vol. 12 / pg, q b 4 XIV. This contract is drawn to cover a period beginning October 1, 2010, and ending September 30, 2012, with an option for The County to renew for two additional years. During and following the contract period each party shall have the right to terminate this contract by giving at least thirty (30) days written notice of such intention. If no contract is in effect at the end of a two year term this contract will continue on a monthly basis until terminated by either party giving at least thirty (30) days written notice; provided however, that The Firm shall have an additional six (6) months to reduce to judgment and sale all tax collection lawsuits filed and collect all bankruptcy claims filed prior to the date of termination and shall have the exclusive right to compensation of fees earned due to these suits during this six (6) month period. In consideration of the terms and compensation herein stated, The Firm hereby accepts said employment and undertakes the performance of this contract as above written. XV. The Firm fully incorporates into this contract all terms and conditions presented to The County in its 'Proposal for the Collection of Delinquent Property Taxes" on May 25, 2006. XVI. This contract is executed on behalf of The County by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes. WITNESS the signatures of all parties hereto in duplicate originals this the day of OC}xr , A.D. 2010, Brazos County, Texas. THE COUNTY OF BRAZO XAS BY -6 County Judge McCREARY, VESELVA, BRAGG & ALLEN, P.C. Attorneys at Law 700 Jeffrey Way, Suite 100 P.O. Box 1269 Round Rock, Texas 78680 800 - 369 -9000 BT _77�M4VT7W �WJWWIF�Xw 1i Shelburne J. Veselka 7 www.mvbalaw.com Page 4 of 4 VOL- 13� P9. 1 � Chubb Group of Insurance Companies CHUBB PRO LAWYERS 15 Mountain View Road c HUBs Warren, New Jersey i 07059 - - PROFESSfONAL LAB&i y f DECLARATIONS FEDERAL INSURANCE COMPANY A stock insurance company, incorporated under the laws of Indiana, herein called the Company Capital Center, 251 North Illinois, Suite 1100 Indianapolis, IN 46204 -1927 Policy Number: 6803 -5885 NOTICE: THIS IS A CLAIMS MADE POLICY, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD," OR ANY EXTENDED REPORTING PERIOD. THE LIMIT CF LIABILITY TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED BY "DEFENSE COSTS; - AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE RETENTION AMOUNT. IN NO EVENT WILL THE COMPANY BE LIABLE FOR "DEFENSE COSTS" OR THE AMOUNT OF ANY JUDGMENT OR SETTLEMENT IN EXCESS OF THE APPLICABLE LIMIT OF LIABILITY. THE COVERAGE AFFORDED UNDER THIS POLICY DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. READ THE ENTIRE POLICY CAREFULLY. ITEM 1. FIRM -NAME AND ADDRESS: MCCREARY VESELKA BRAGG & ALLEN, P.C. P.O. BOX 1269 Round Rock, TX 78680 ITEM 2. PREDECESSOR FIRM(S) -NAME AND ADDRESS: NIA ITEM 3. POLICY PERIOD: (A) Inception Date: October 31, 2009 (B) Expiration Date: October 31, 2010 at 12:01 a.m. both dates at the Address in ITEM 1 ITEM 4. LIMITS OF LIABILITY (inclusive of Defense Costs): (A) $ 2,000,000.00 maximum limit of liability each Claim (B) $ 7,500.00 maximum aggregate limit of liability under this Policy for all disciplinary and grievance proceedings (C) $ 2,000,000.00 maximum aggregate limit of liability under this Policy for all Claims. ITEM 5. RETENTION AMOUNT: $125,000.00 each Claim or Related Claims. ITEM 6. EXTENDED REPORTING PERIOD: (A) Additional Period (B) Additional Premium 1 Year 100 % of Annual Premium 2 Year 225 % of Annual Premium 3 Year 300 %" of Annual Premium ITEM 7. PENDING OR PRIOR DATE: 10 -31 -2005, at 12:01 a.m. at the Address in ITEM 1. ITEM 8. PREMIUM: $ 67,600.00 14 -02 -9303 (Ed. 04/2004) Page 1 of 14 Vol. ),59 Pg. ) (0(P C HUBB PRO LAWYERS PROFESSIONAL LIABILITY These Declarations, the completed signed Application and this Policy with Endorsements shall constitute the contract between the Insured and the Company. In witness whereof, the Company issuing this Policy has caused this Policy to be signed by its authorized officers, but it shall not be valid unless also signed by a duly authorized representative of the Company. FEDERAL INSURANCE COMPANY Secretary President 12/22109 __ Date /ariz d Represenptive 14,02 -9303, (Ed, 0412.004) . Page 2 of 14 Vol. 13 9 pg. 10 FEE SCHEDULE — 2010 Specifications for the ADMINISTRATIVE SERVICES AGREEMENT (the Agreement) between Blue Cross and Blue Shield of Texas (BCBSTX or Claims Administrator) Blue Cross and Blue Shield of Texas provides administrative claims payment services only and does not assume any financial risk or obligation with respect to claims. and Group Health Plan of County of Brazos (Group Health Plan) Group Number: 80950 These specifications are to apply for the period of time indicated herein and shall continue in force and effect until the end of the Fee Schedule Period, the Agreement is terminated, or this Fee Schedule is superseded in whole or in part by a later executed Fee Schedule. Item One Fee Schedule Period These specifications are for the Fee Schedule Period commencing on January 1, 2010 and ending on December 31, 2010. Item Two Reports Monthly billing statement .................................................................................. .............................No additional charge Standard reports as specified by the reporting policy ........................................ .............................No additional charge A Division of Health Care Service Corporation, a Mutual Legal Reserve Company, an Independent Licensee of the Blue Cross and Blue Shield Association Form No. ASA ISCH Page 1 80950JAN.10 Vol. =_ Pg 1Qg Item Three Charges for Additional Services The following Additional Services shall be furnished: Subrogation ...................................................... ............................... ..........................25.0% of any recovered amounts* BlueCard® Program/Network access fees .................................................... ............................... available upon request BlueCard® Worldwide Program Intemational Group (10 or more members living outside of the USA) ...................................... BCW W Fee Schedule Domestic Group (under 10 members living outside of the USA) ................. ............................... No additional charge Optional Services for International or Domestic Group ............................... ............................... BCW W Fee Schedule * The indicated subrogation fees are based on the net recovery after attorney's fees, if any, have been paid. Item Four Plan Design Materials Claims Administrative Document Schedule of Specifications Exhibit A - Plan Service Area Benefit Booklets: Accept/Decline 0 ❑ Benefit Booklets ................... ❑ O Customized Benefit Booklets ❑ O Customized Covers Subscriber Identification (ID) Cards: Accept/Decline ❑O ❑ Subscriber ID Cards ........................ ............................... ❑ © Customized ID Cards ... Network Provider Directories Subscriber Claim Forms, Application Forms, Enrollment Materials O No additional charge ❑ $Supplemental Billing* ❑ No additional charge ❑ $Supplemental Billing* • No additional charge • $implemental Billing" ❑O No additional charge ❑ $implemental Billing* • No additional charge • $Supplemental Billing` ........ O No additional charge ❑ $implemental Billing* ®No additional charge ❑ $Supplemental Billing* Special Mailings: Cost has been included in Administrative Charge: Yes t7 No ❑ Identification Cards mailed to home addresses Yes ® No ❑ Provider Directories mailed to home addresses Yes ❑ No * Any customized materials or additional services or supplies not documented in this Fee Schedule may be subject to Supplemental Billing upon mutual agreement of the parties. Form No. ASA /SCH Page 2 80950JAN.10 Vol. 13 Pg. l �9 Item Five Administrative Charges and Credits A. The Administrative Charge, calculated Monthly, shall be equal to the sum of the amounts obtained by multiplying the total number of covered Subscriber Units by category by the appropriate factors shown below. *BLUE CARE® CONNECTION PROGRAM A program that may include utilization management, case management, condition management, predictive modeling, 24/7 nurseline and access to a personal health manager or such other features as determined by the Employer. B. The Termination Administrative Charge shall be equal to the amount obtained by multiplying the sum of all covered Subscriber Units during the three Months immediately preceding the date of termination by the factors shown below. Composite Medical Run -off Administration Charge $16.68 Dental Run -off Administration Charge $2.89 Item Six Plan Coverage Group Health Plan's Health Benefit Plan coverage inclusive of the following: • PPO Managed Health Care coverage • Comprehensive Dental Care coverage • Blue Care Connection Form No. ASA /SCH Page 3 VO1. (___ 3 1 pg. F__ 7 0 809507AN.10 Composite Base Administrative Charge (Medical) $38.82 *Blue Care Connection Included Total $38.82 Dental: $3.72 *BLUE CARE® CONNECTION PROGRAM A program that may include utilization management, case management, condition management, predictive modeling, 24/7 nurseline and access to a personal health manager or such other features as determined by the Employer. B. The Termination Administrative Charge shall be equal to the amount obtained by multiplying the sum of all covered Subscriber Units during the three Months immediately preceding the date of termination by the factors shown below. Composite Medical Run -off Administration Charge $16.68 Dental Run -off Administration Charge $2.89 Item Six Plan Coverage Group Health Plan's Health Benefit Plan coverage inclusive of the following: • PPO Managed Health Care coverage • Comprehensive Dental Care coverage • Blue Care Connection Form No. ASA /SCH Page 3 VO1. (___ 3 1 pg. F__ 7 0 809507AN.10 BLUE CROSS AND BLUE SHIELD OF TEXAS, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company Title: Divisional Vice President Date: ADril1.2010 Form No. ASA /SCH Vol. I GROUP HEALTH PLAN OF COUNTY OFBRAZOS in _By: l Title: 609 d� J 1"m Date: Page 4 Pg 1-1 I 80950JAN.10 ADDENDUM PG PERFORMANCE GUARANTEES The Performance Guarantees described herein shall apply to the Administrative Services Agreement (the "Agreement") to which this Addendum is attached and have the same force and effect as the Agreement's most current Fee Schedule, unless amended, replaced, or terminated by the parties to the Agreement in writing. All obligations, definitions, terms, conditions, promises, agreements, and language in the Agreement and its most current Fee Schedule apply equally to the obligations, terms, conditions, promises, agreements, and language in this Addendum PG and its most current Exhibit -PG. SECTION I TIMING A. The period for which the Claim Administrator's performance will be measured and for which Employer may receive a refund is referred to as the Settlement Period and is indicated on the most current Exhibit -PG. B. The measurement of Performance Guarantees will begin on the date indicated on the most current Exhibit -PG provided all of the requirements listed below are completed. The requirements are as follows: 1. Benefit information and claims administrative procedures have been provided by Employer to the Claim Administrator, 2. All accumulation totals, if applicable, have been received from the prior carrier and have been loaded onto the Claim Administrator's claims processing system, 3. Accurate and complete membership information has been received and loaded onto the Claim Administrator's claims processing system, and 4. Transfer Payment procedures have been established in accordance with the Agreement. SECTION II DETERMINATION A. The Claim Administrator agrees to guarantee performance levels as indicated on the most current Exhibit -PG. In the event that the Claim Administrator's level of performance is determined to be less than any of the standards described in the most current Exhibit -PG during a Settlement Period for which the Claim Administrator's performance shall be evaluated for any reason, except any disaster or epidemic which substantially disrupts the Claim Administrator's normal business operation, the Claim Administrator will be responsible for reimbursing Employer a portion of the Administrative Charge. B. The Claim Administrator will measure Performance Guarantees and report the measurement results to Employer, and any refund amounts due in accordance with this Page 1 Proprietary information Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third parry representatives, except under written agreement. vol. 13°i Pg. i7 a Addendum PG within 120 days following the close of all measurement periods necessary to finalize Performance Guarantee results for the Settlement Period. C. The Claim Administrator will not be obligated to measure Performance Guarantees and will not be obligated to refund Employer based thereon until the Administrative Services Agreement (including the most current Exhibit -PG) has been executed and is on file with the Claim Administrator by the close of the applicable Settlement Period. D. The Claim Administrator will not be obligated to measure Performance Guarantees and will not be obligated to refund Employer based thereon for any portion of the Settlement Period in which the Employer: I. Fails to provide the Claim Administrator with Timely changes in enrollment or membership information or any other reports or information as may be necessary for the Claim Administrator to perform its administrative duties, including but not limited to identification or certification of claimants eligible for benefits, dates of eligibility, number of employees and dependents covered under the Plan; or 2. Fails to pay Administrative Charges in accordance with the terms of the Agreement or comply with all established Transfer Payment procedures. E. The Claim Administrator will not be obligated to measure any Performance Guarantee impacted by changes requested in writing by Employer during the time period required to modify the Claim Administrator's system and to complete all other tasks necessary to achieve the same qualitative standard of execution that existed before the change was requested. All changes or amendments to the Plan must be submitted to the Claim Administrator in accordance with the Agreement. F. If for any reason there is a significant change in the benefit structure or the administrative procedures of the benefit coverage administered by the Claim Administrator, Medicare payment systems, or if the enrollment of the Plan's benefit coverage administered by the Claim Administrator varies in number of enrolled Covered Employees as indicated in the most current Exhibit -PG attached to and made a part of this Addendum during any Settlement Period, the Claim Administrator reserves the right to re- evaluate and renegotiate the level of performance and/or the Administrative Charges at risk in this Addendum PG and the attached Exhibit -PG.. G. If for any reason the Agreement is terminated prior to the end of any Settlement Period, the Performance Guarantees will not be measured and Employer will not receive any refund, based on that part of the Settlement Period in which the Administrative Services Agreement was in effect. H. If (i) changes to the formula, methodology or manner in which a third -party benchmark (such as AWP) is calculated or reported take effect, or (ii) such third party ceases to publish such benchmark, then the performance guarantees and /or standards based on such benchmark in this Agreement, if any, shall be re- evaluated and adjusted or converted to an alternative benchmark by Claim Administrator or its designee at the time of such change to return the parties to their respective economic positions with respect to such guarantees and/or standards as they existed under the Agreement immediately prior to such change. Page 2 Proprietary Information Not for use or disclosure outside Claim Administrator, Employer, their respective affiliated companies and third party representatives, except under written agreement. 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'� w m so ❑ o .5 ^ 'y lliiyJ1! »_ m as spa 'O 7 O' 09 a^ai > Y.n m p a0i p 4 arCwi "yy G' y y 0 y 'c a o N Vot. �! __ Pg 115 at a a c 0 �[y0 rl O v� a� iL 0 O F U vFi L r AUK a � u � w �0 q0 ca O is y lC O V1 O U DC w m W u � faAO vs Nei v v U I O O :3 Q Vol. 139 _ �'g• I —�_ a 0 O N b N V E m a e `u v o. 0 u �L a e a� a a s G� M 'L O M o� a� L P. lil U u c o B N ey .O V w V ° a oy � is z Pi I O N u U w 2 BRAZOS COUNTY JUROR REIMBURSEMENT POLICY This policy serves to satisfy the statutory requirements of Local Government Code Sec. 113.048, DISBURSEMENT OF MONEY FOR JURY SERVICE, (b) A system or method of payment adopted by a county Treasurer under Subsection (a) may be implemented only if it is approved by the commissioners court and administered in accordance with the procedures established by the county auditor. Requirements of the Brazos County Commissioners Court. 1.1 The Court shall determine the daily amount of reimbursement for expenses for a person who reports for jury service and discharges the person's duty. Government Code Sec, 61.001 REIMBURSEMENT OF EXPENSES OF JURORSAND PROSPEC77VEJURORS. (b) In preparing and approving the annual budget for a county, the commissioners court of the county shall determine the daily amount of reimbursement for expenses for a person who reports for jury service and discharges the person's duty. The amount of reimbursement for each day must be within the minimum and maximum amounts prescribed by this section and paid out of the jury fund of the county. 1.2 The Court 'shall consider for approval the method of payment adopted by the County Treasurer. Government Code Sec. 113.048 (b) A system or method of payment adopted by a county treasurer may be implemented only if it is approved by the commissioners court. Requirements of Jury Coordinator. 2.1 The juror donation forms will be distributed and collected by the Jury Coordinator or the court staff of each of the District Courts, County Courts at Law, or a Justice of the Peace Court. Each Court will be responsible for this procedure and for submitting the forms to the .Jury Coordinator. An IRS Form W -9, will be secured from any juror whose reimbursement Is $600 or more. The W -9 forms will be submitted to the Office of the County Treasurer. Government Code. Sec. 61.003, DONATION OF REIMBURSEMENT. Each person who reports forjury service shall be personally pro vided a form letter that when signed by the person directs the county treasurer to donate all, or a specific amount designated by the person, of the person's daily reimbursement. 2.2 The Jury Coordinator will complete the data entry necessary to determine the amount of the reimbursement due to each individual APPROVED IN COMMISSIONERS COURT 2010.09.28 BRAZOS COUNTY TREASURER Vol. I pg PAGE 1 OF 3 juror. The Coordinator will scan the donation forms so that the donation information will be available in LaserFlche. Texas Code of aiminal Procedure. Article 104.001. JURY PAYAND EXPENSES FOR JURORS. (c) The county treasurer shall pay a juror the amount due the juror for expenses under this article after receiving a certificate from a clerk of a court orjustice of the peace stating the amount due the juror. 2.3 The juror reimbursement information will be downloaded from the BC Jury into Finance Plus. An email will alert the Treasurer's Office to initiate the payment procedure. 3 Requirements of the Brazos County Justices of the Peace. 3.1 Each Justice of the Peace will be responsible for the distribution and collection of the juror donation forms when a trial is conducted in his or her court. 3.2 The Justice of the Peace will submit these forms to the Jury Coordinator at the conclusion of the trial. 4 Requirements of the Brazos County Auditor. 4.1 The Auditor will evaluate the method of jury payment to determine if the process is in accordance with established county procedure. Government Code Sec. 113,048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (b) A system or method of payment adopted by a county treasurer under Subsection (a) may be Implemented only if it is approved by the commissioners court and administered in accordance with the procedures established by the county auditor or the chief financial officer of a county that does not have an auditor. 4.2 The Auditor's Office will review the juror payment, juror donation, and state reimbursement procedures. 4.3 The Auditor will direct the Treasurer's Office to disburse the appropriate payments to the Brazos County Welfare Board, Crime Victims Compensation, or any other program approved by the commissioners court. Government Code. Sec. 61.003. DONATION OF REIMBURSEMENT. (a) Each person who reports for jury service shall be personally provided a form letter that when signed by the person directs the county treasurer to donate all, or a specific amount designated by the person, of the person's dally reimbursement to (1) the compensation to victims of crime fund... (2) the child welfare board of the county... (4) any other program approved by the commissioners court of the county. APPROVED IN COMMISSIONERS COURT 2010 -09 -28 BRAzos COUNTY TREASURER Vol. I-39� PAGE 2 OF 3 5 Requirements of the District Clerk. 5.1 The District Clerk will be responsible for the supervision of the Jury Coordinator and for the implementation of procedures related to recording juror service, reimbursement amounts, and donations. 5.2 The District Clerk will be responsible for distribution and collection of Juror donation forms from members of the Grand Jury and for sending these forms to Jury Services for scanning. 6 Requirements of the County Treasurer. 6.1 The Treasurer's Office will process and distribute juror reimbursements. Reimbursements shall be made with checks and shall be mailed to the jurors. The Treasurer and the Auditor will co -sign the juror reimbursement checks. Texas Local Government Code 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (a) Notwithstanding any other provision of this subchapter or other law to the contrary, a county treasurer may disburse to a person who reports forjury service and discharges the person's duty the daily amount of reimbursement forjury service expenses set by the commissioners court under Section 61.001, Government Code, by., (4) using any other method that the county treasurer and the commissioners court determine is secure, accurate, and cost - effective and that Is convenient for persons who report forjury service. 6.2 The Treasurer will file a claim with the State Comptroller's Office for reimbursement of funds paid for jury service. Government Code Sec. 61.0015. REIMBURSEMENT TO COUNTY. (b) The commissioners court of a county entitled to reimbursement under this section may file a claim for reimbursement with the comptroller. 6.3 The Treasurer, at the direction of the Auditor, will disburse the appropriate payments of juror donations to the Brazos County Welfare Board, Crime Victims Compensation, or any other program approved by the commissioners court of the county. 6.4 The Treasurer will be responsible for issuing a 1099 to any juror whose service reimbursement is $600 or more. APPROVED IN COMMISSIONERS COURT 2010 -09 -28 BRAzos COUNTY TREASURER APPROVED: I ix Randy Sims, County Judge date vol._) 39 -1 _ Pg ► 9 PACE 3 of 3 Brazos County Job Description Class: 1725 Job Title: Director of Collections Department: Brazos County Collections Reports To: Brazos Counry Commissioners FLSA Status: Pay Group: 19 Category: Professional Approved- Prepared/Revised: September 24, 2010 Summary: Manage daily operations of the department. Manage daily Justice of the Peace payment plans. Manage daily collections of County Clerk traffic appeals. To ensure collection of the court costs, fines, attorney fees, as ordered by the courts. To work closely will all personal within the judicial system to facilitate the timely collections of such fees, maintain accurate record keeping in accordance with applicable departmental procedures, regulations, laws and statutes. Essential Duties and Responsibilities Manage daily operations of department and employees. Establish department goals, Compile daily and monthly reports, Compile monthly reports for the Office of the Court of Administration, Process distribution requests for restitution collected, Process all payments for fees received by the Collections Department, Research all disposed causes for each defendant to ensure he /she does not owe any outstanding fees on a previous case, Ensure defendants complete the application in its entirety, Interview defendants and establish payment agreements, Perform follow up and monitor defendants currently on payment plans, Initiate due diligence on past due accounts, Process postcards and last chance letters required by the Office of Court Administration and perform past due telephone calls, Initiate capias pro fine warrant process when necessary, Maintain all records with capias pro fine warrants with mtr /mtp, Update department database -input fees assessed by the courts, initiate no show letters, update contact information every time contact is made on account, process adjustments to financial system to reflect required adjustments and update address and phone information as needed, Perform daily cash reconciliation, Process all payment plans for the Justice of the Peace courts of Brazos County, Process and input all traffic appeals for the County Clerk's office in collecting the court cost, special expenses and fines, Prepare all courts dockets, daily to have correct court cost for each criminal case before the courts, Vol. 3q Pg.-L30 Process collections through the Texas Department of Criminal Justice, to insure the collections of court costs, fines and attorneys. Friendly, courteous communication, either in person or by telephone, to the public, the courts and all others in all matters. Assist other employees, as needed or requested, with answering incoming telephone calls, answering questions and or directing to proper personal according to the office procedures, Assist the public and other employees, as needed or requested, with records research which may include Laser Fische searches and making copies, Perform all other duties assigned which fall within the general scope and ability level of the job. Prepare the collection department budget, process all payment authorizations Prepare timesheets bi- weekly for the office staff of collections, Attend state conferences to learn new techniques and collection tools for this county, Monitor community service hours for defendants when ordered by the court for the said defendant to perform hours in lieu of making payments, Perform duties in Court to testify when called upon for the collection payment plan records. Be able to work unsupervised and use own judgment to handle major problems when they may arise. Genera! Statement of Duties: This is a departmental position that involves independent judgment. Implement departmental policies and procedures. Establish departmental goals. Review and evaluate the department systems for compliance and achievement of goals. Prepare the monthly reports for the restitution for the Auditor's office and the Brazos County Attorney's office along with the disbursements of payment to the victims. Prepare daily and monthly reports for the Auditor's office. Duties include serving the public in accordance with the laws and departmental polices and procedures, regular and punctual attendance is required. Making sure the County stays incompliance with Office Court of Administration. Education and/or Experience: Bachelors Degree preferred or 4 years of equivalent training in the collections profession A high school diploma or its equivalent with courses in computers and typing skills preferred, 10 key capability _13� P ��I Environmental Factors: Continuous indoor activity in air controlled office, contact with persons accused and/ or convicted of crimes; contact with emotional, temperamental parties to court costs, fines, attorney and restitution. Knowledge, Skills and Abilities: Excellent knowledge of business English, office practices and procedures, departmental rules and regulations and basic computer information; ability to understand and carry out oral and written instructions; ability to maintain established records and files; ability to manage multiple priorities; ability to work with the public well and deal effectively with their questions or problems and maintain composure with difficult people; ability to establish and maintain effective working relationships with co -works and employees and officials in other departments; ability to work as a team player; ability to communicate effectively orally and in writing; accurate typing skills. Balancing all monies collected on a daily basis. APPROVED: -for- Randy Sims, County Judge date 29 [bA A01. _ ' ! � Pg. Brazos County Job Description Class: 1727 Job Title: Assistant Director of Collections Department: Brazos County Collections Reports To: Director of Collections FLSA Status: Tanya Skinner Pay Group: 15 Category: Non - Professional Approved: Prepared/Revise& September 24,2010 Summary: To ensure collection court costs, fines and attorney fees, as ordered by the courts. To work closely with all personal within the judicial system to facilitate the timely collection of such fees, maintain accurate record keeping in accordance with applicable departmental procedures, regulations, laws and statutes. Primary Job Duties: Process all payments for fees received by the Collections Department, Research all disposed causes for each defendant to ensure he /she does not owe any outstanding fees on previous causes, Ensure defendants complete the application in its entirety, Interview defendants and establish payment agreements, Perform follow up and monitor defendants currently on payment plans, Initiate due diligence on past due accounts, Initiate capias pro fine warrant process when necessary Maintain all records with capias pro fines warrants, Stay in close contact with Sheriffs office, Update department database -input fees assessed by the courts, initiate no show letters, update contact information every time contact is made on account, process adjustments to financial system to reflect required adjustments and update address and phone information as needed, Perform daily cash reconciliation, when needed by the director, Ensure and evaluate all applications for the Justice of the Peace courts of Brazos County, Friendly, courteous communication, either in person or by telephone, to the public, the courts and all others in all matters. Assist other employees, as needed or requested, with answering incoming telephone calls, answering questions and or directing to proper personal according to the office procedures, Assist the public and other employees, as needed or requested, with records research which may include Laser Fische searches and making copies, Perform all other duties assigned which fall within the general scope and ability level of the job, Testify when called upon by the courts for the collection records of the defendants, Supervise the collections clerks when the Director is out of the office. „Ol.._._I .39 Pg. $3 General Statement of Duties: This is a partial supervisory position that involves independent judgment. Implement departmental policies and procedures. Duties include serving the public performing clerical and filing techniques in accordance with the laws and departmental polices and procedures. Regular and punctual attendance is required. Education and/or Experience: High school diploma or its equivalent with courses in computer and typing preferred, 4 plus years in supervisory experience, 4 plus previous public and office experience, 4 years of collection experience. Microsoft Word, Cash Handling and balancing all money being collected. Knowledge, Skills and Abilities: Excellent knowledge of business English, office practices and procedures, departmental rules and regulations and basic computer information; ability to understand and carry out oral and written instructions; ability to maintain established records and files; ability to manage multiple priorities; ability to work with the public well and deal effectively with their questions or problems and maintain composure with difficult people; ability to establish and maintain effective working relationships with co -works and employees and officials in other departments; ability to work as a team player; ability to communicate effectively orally and in writing; accurate typing skills. Environmental Factors: Continuous indoor activity in air controlled office, contact with persons accused and/ or convicted of crimes; contact with emotional, temperamental parties to court costs, fines, attorney and restitution. APPROVED: Randy Sims, County Judge date ` Pg. iN Brazos County Job Description Class: 1731 Job Title: Collections Clerk, III Department: Brazos County Collections Reports To: Director of Collections FLSA Status: Tanya Skinner Pay Group: 12 Category: Non - Professional Approved: Prepared/Revised: August 2, 2010 Summary: To ensure collection court costs, fines and attorney fees, as ordered by the courts. To work closely with all personal within the judicial system to facilitate the timely collection of such fees, maintain accurate record keeping in accordance with applicable departmental procedures, regulations, laws and statutes. General Statement of Duties: This is a non - supervisory position that involves independent judgment. Implement departmental policies and procedures. Duties include serving the public performing clerical and filing techniques in accordance with the laws and departmental polices and procedures. Regular and punctual attendance is required. Primary Job Duties: Process all payments for fees received by the Collections Department, Ensure defendants complete the application in its entirety, Interview defendants and establish payment agreements, Perform follow up and monitor defendants currently on payment plans, Initiate due diligence on past due accounts, Process postcards and last chance letters required by the Office of Court Administration and perform past due telephone calls, Initiate capias pro fine process when necessary, Maintain all records with capias pro fines, Update department database -input fees assessed by the courts, initiate no show letters, update contact information every time contact is made on account, process adjustments to financial system to reflect required adjustments and update address and phone information as needed, Perform daily cash reconciliation and balance personal drawers everyday, Ensure and evaluate all applications for the Justice of the Peace courts of Brazos County, Friendly, courteous communication, either in person or by telephone, to the public, the courts and all others in all matters. Checks with the Director or Assistant Director when a problem may arise to help make the right decision for the defendant. Vol. 139 pg. I ?S Assist other employees, as needed or requested, with answering incoming telephone calls, answering questions and or directing to proper personal according to the office procedures, Assist the public and other employees, as needed or requested, with records research and making copies, Perform all other duties assigned which fall within the general scope and ability level of the job, Assist with preparing daily arresting agencies report, Assist with reviewing daily reports for the accounting purposes, Perform duties in Court to testify on behalf of collections payment plans. Monitor community service hours preformed by the defendants in lieu of payments when so ordered by the Judge. Process and input all traffic appeals for the County Clerk's office in collecting the court cost, special expenses and fines, Prepare all courts dockets, daily to have correct court cost for each criminal case before the courts. Education and /or Experience: High school diploma or its equivalent with courses in computer and typing preferred, 2 plus previous public and office experience, 2 years of collection experience, Microsoft Word, Cash Handling and balancing all money being collected. Knowledge, Skills and Abilities: Excellent knowledge of business English, office practices and procedures, departmental rules and regulations and basic computer information; ability to understand and carry out oral and written instructions; ability to maintain established records and files; ability to manage multiple priorities; ability to work with the public well and deal effectively with their questions or problems and maintain composure with difficult people; ability to establish and maintain effective working relationships with co -works and employees and officials in other departments; ability to work as a team player; ability to communicate effectively orally and in writing; accurate typing skills. Environmental Factors: Continuous indoor activity in air controlled office, contact with persons accused and/ or convicted of crimes; contact with emotional, temperamental parties to court costs, fines, attorney and restitution. APPROVED: Randy Sims, County Judge date Vol. �, �� Pg. l 6 to Brazos County Job Description Class: 1729 Job Title: Collections Clerk, I Department: Brazos County Collections Reports To: Director of Collections FLSA Status: Tanya Skinner Pay Group: 10 Category: Non - Professional Approved Prepared/Revised: September 24, 2010 Summary: To ensure collection court costs, fines and attorney fees, as ordered by the courts. To work closely with all personal within the judicial system to facilitate the timely collection of such fees, maintain accurate record keeping in accordance with applicable departmental procedures, regulations, laws and statutes. General Statement of Duties: This is a non- supervisory position that involves independent judgment. Implement departmental policies and procedures. Duties include serving the public performing clerical and filing techniques in accordance with the laws and departmental polices and procedures. Regular and punctual attendance is required. Primary Job Duties: Process all payments for fees received by the Collections Department, Ensure defendants complete the application in its entirety, Interview defendants and establish payment agreements, Perform follow up and monitor defendants currently on payment plans, Initiate due diligence on past due accounts, Process postcards and last chance letters required by the Office of Court Administration and perform past due telephone calls, Initiate capias pro fine process when necessary, Maintain all records with capias pro fines, Update department database -input fees assessed by the courts, initiate no show letters, update contact information every time contact is made on account, process adjustments to financial system to reflect required adjustments and update address and phone information as needed, Perform daily cash reconciliation and balance personal drawers everyday, Ensure and evaluate all applications for the Justice of the Peace courts of Brazos County, Friendly, courteous communication, either in person or by telephone, to the public, the courts and all others in all matters. Checks with the Director or Assistant Director when a problem may arise to help make the right decision for the defendant. Vol. 139 Pg. L 9 7 Assist other employees, as needed or requested, with answering incoming telephone calls, answering questions and or directing to proper personal according to the office procedures, Assist the public and other employees, as needed or requested, with records research and making copies, Perform all other duties assigned which fall within the general scope and ability level of the job, Perform duties in Court to testify on behalf of collections payment plans. Monitor community service hours preformed by the defendants in lieu of payments when so ordered by the Judge. Process and input all traffic appeals for the County Clerk's office in collecting the court cost, special expenses and fines, Prepare all courts dockets, daily to have correct court cost for each criminal case before the courts. Education and/or Experience: High school diploma or its equivalent with courses in computer and typing preferred, 2 plus previous public and office experience, 2 years of collection experience, Microsoft Word, Cash Handling and balancing all money being collected. Knowledge, Skills and Abilities: Excellent knowledge of business English, office practices and procedures, departmental rules and regulations and basic computer information; ability to understand and carry out oral and written instructions; ability to maintain established records and files; ability to manage multiple priorities; ability to work with the public well and deal effectively with their questions or problems and maintain composure with difficult people; ability to establish and maintain effective working relationships with co -works and employees and officials in other departments; ability to work as a team player; ability to communicate effectively orally and in writing; accurate typing skills. Environmental Factors: Continuous indoor activity in air controlled office, contact with persons accused and/ or convicted of crimes; contact with emotional, temperamental parties to court costs, fines, attorney and restitution. APPROVED: q `V>— Randy Sims, County Judge date Vol. 1 I pg• fIV 01 Brazos County Job Description Class: 1729 Job Title: Collections Clerk, I Department: Brazos County Collections Reports To: Director of Collections FLSA Status: Tanya Skinner Pay Group: 10 Category: Non - Professional Approved: Prepared/Revised: September 24, 2010 Summary: To ensure collection court costs, fines and attorney fees, as ordered by the courts. To work closely with all personal within the judicial system to facilitate the timely collection of such fees, maintain accurate record keeping in accordance with applicable departmental procedures, regulations, laws and statutes. General Statement of Duties: This is a non - supervisory position that involves independent judgment. Implement departmental policies and procedures. Duties include serving the public performing clerical and filing techniques in accordance with the laws and departmental polices and procedures. Regular and punctual attendance is required. Primary Job Duties: Process all payments for fees received by the Collections Department, Ensure defendants complete the application in its entirety, Interview defendants and establish payment agreements, Perform follow up and monitor defendants currently on payment plans, Initiate due diligence on past due accounts, Process postcards and last chance letters required by the Office of Court Administration and perform past due telephone calls, Initiate capias pro fine process when necessary, Maintain all records with capias pro fines, Update department database -input fees assessed by the courts, initiate no show letters, update contact information every time contact is made on account, process adjustments to financial system to reflect required adjustments and update address and phone information as needed, Perform daily cash reconciliation and balance personal drawers everyday, Ensure and evaluate all applications for the Justice of the Peace courts of Brazos County, Friendly, courteous communication, either in person or by telephone, to the public, the courts and all others in all matters. Checks with the Director or Assistant Director when a problem may arise to help make the right decision for the defendant. Vol. I S l P9.- 9 -- Assist other employees, as needed or requested, with answering incoming telephone calls, answering questions and or directing to proper personal according to the office procedures, Assist the public and other employees, as needed or requested, with records research and making copies, Perform all other duties assigned which fall within the general scope and ability level of the job, Perform duties in Court to testify on behalf of collections payment plans. Monitor community service hours preformed by the defendants in lieu of payments when so ordered by the Judge. Process and input all traffic appeals for the County Clerk's office in collecting the court cost, special expenses and fines, Prepare all courts dockets, daily to have correct court cost for each criminal case before the courts. Education and/or Experience: High school diploma or its equivalent with courses in computer and typing preferred, 2 plus previous public and office experience, 2 years of collection experience, Microsoft Word, Cash Handling and balancing all money being collected. Knowledge, Skills and Abilities: Excellent knowledge of business English, office practices and procedures, departmental rules and regulations and basic computer information; ability to understand and carry out oral and written instructions; ability to maintain established records and files; ability to manage multiple priorities; ability to work with the public well and deal effectively with their questions or problems and maintain composure with difficult people; ability to establish and maintain effective working relationships with co- works and employees and officials in other departments; ability to work as a team player; ability to communicate effectively orally and in writing; accurate typing skills. Environmental Factors: Continuous indoor activity in air controlled office, contact with persons accused and/ or convicted of crimes; contact with emotional, temperamental parties to court costs, fines, attorney and restitution. APPROVED: ` Q -a Randy Si , County Judge date l pg. vol.- — BRAZOSCOUNTY BRYAN, TEXAS Designation of the Day of the Week and the Location for the Commissioners Court to convene in Regular Session each Week during FY 2011. The Brazos County Commissioners Court will convene in regular session each Tuesday afternoon at 4:00 p.m. in the Commissioners Courtroom of the County Administration Building, 200 South Texas Avenue, suite 106, Bryan, Texas. Randy Sims; County Judge date Office of the County Judge • 200 South Texas Ave Suite 332 • Bryan, Texas 77803 • Fax: (979) 361-4503 Vol. I � I p pg. 1 c-V Ai 4V BY ORDER OF THE COMMISSIONER'S COURT: TO: Pat Howard, Purchasing Agent FROM: Brazos County Commissioner's Court RE: Exemption From Competitive Bidding Requirements Please be advised that on this 28th day of September, 2010, at a Regular Session of the Commissioners' Court on which the following members were present: Randy Sims, County Judge (�b5QrL Lloyd Wassermann, Commissioner, Precinct 1 /k.cQf�r� L� E. Duane Peters, Commissioner, Precinct 2 0t: J G. Kenny Mallard, Commissioner, Preci Irma Cauley, Commissioner, Precinct 4 The Commissioners' Court has determined that there is a need to exempt the vendor(s) listed below from the competitive bidding requirement for fiscal year 2010 -2011 as follows: COMPANY: RESCO AUTOMOTIVE PRODUCT /SERVICE: VEHICLE & EQUIPMENT REPAIRS STATUTE: 262.024(x)(11) Vol. 1 3-9 pg 191 adding vendor to exempt list Subject: adding vendor to exempt list From: Stephanie Wendt <swendt @co,brazos.tx.us> Date: Thu, 01 Jul 2010 16:39:26 -0500 To: phoward @co.brazos.tx.us, Donald Lampo <dlampo @co.brazos.tx.us> Can you please have Resco Automotive added to the exempt list for next budget year, per Donald Lampe? Resco Automotive Bob Sims 905 S. Main St. ' Bryan, TX 77802 (979) 779 -2068 Thank you, Stephanie Wendt Constable Pct. 2 office I of 1 Vol 'l 9/17/2010 9:37 AM BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridt=.e NUMBER 56001000 DATE OF COURT MEETING: September 28, 2010 ITEM: Request from Bryan Texas Utilities to construct a road bore for installation of an underground electrical conduit in the right of way of Roeder Road at its intersection with Greens Prairie Trail. Site is located in Precinct 1. SOURCE OF FUNDS: N/A PRESENTATION: REOUIREMENTS: I ) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and /or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. 0-698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be famished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: APPROVED BY: Richard F. Vance, P.E. Comm sioner Lloyd Wassermann County Engineer Precinct CC2010 -069 it This Request is A proved Denied 0 by Commissioners' Court Date: y te' Randy Sims, County Judge Vol. I al Pg. .1 6 REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMIPIISTRATION BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) Bryan Texas Utilities proposes to place a (type) U.G. ELECT. within _ across X the right -of -way of (road) Royder Rd. in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation; 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer, 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of- -way; 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way; 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29,1989; 6. The line or lines will be constructed no less than twenty-four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (T) below the center of the roadway; 7. AH sites will be barricaded during the construction period. Construction of this line will begin on or after the 24 day of Sept . 20_E Firm: BTU By: Charlie Ottaway Title: Line Designer Address: 205 E 28th, St. Bryan Tx. 77805 Phone: 979.821 -5766 APPROVED BY COMMISSIONERS' COURT: L,,uns -�^ tConty ge D Brazos County, Texas V01. l a I Pg. l 14 Vol. 1127 pg.--L5— N N 0 yOO n% OQpOp 0 �' W N O F Y O U N 0 UO o 0 ]O �77i0 I 0) ipVW ¢¢V n u z o rn 0 R O W d > ZI z W m F F N ` W W 2 K P a W X O Z 3 N W H w W$ F „ 0 0 N ; U N u W 2 z I U O Y a Q © ® Q 3 O a: W z T N 1 N Q 4�4 0 4 F t � / K CV i � e♦ t/� K > 1 W� / ° 3 / E!j��) � / ♦e f� zWM w � m / / ♦ $ N d O' 'i J / J. ^'. V Q /' ♦�O. / oz I- m ini /' ©/ e P�II/ / . \ © / e O W ,.`` ❑ ' : \ fief' �r o W�w •���♦ ZFW `` tpF P gg 00 e�, u i i N MN p ylJ� 1 O 1 O ' ' W r`• v „� '-- -- --- - - ao wa c v cV tp J � KEY Vol. 1127 pg.--L5— 7U� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPA RTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: September 28, 2010 ITEM: Request from City of Bryan to construct a road bore for installation of a 30 -inch steel casing for an 18 -inch (D I) sanitary sewer line crossing Mumford Road right of way approximately 2.200 ft. from its intersection with FM 2818. Site is located in Precinct 4. SOURCE OF FUNDS: N/A PRESENTATION: Proposed crossing is for the placement of a 24 -inch PVC sanitary sewer line extension to serve next generation industrial park. REQUIREMENTS: 1) No work will be permitted between front slope and/or back slope. 2) All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right -of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3) If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4) Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be famished to the office of the Brazos County Engineer. 5) Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. SUBMITTED BY: :"001 6 Richard F. Vance, P.E. CAiimis-sio& Irrr County Engineer Precinct 4 CC2010 -070 This Request is Approved L5 / Denied 0 by Commissioners' Court Date: -� Randy Sims, County Judge Vol. 13 9 Pg, REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY ADMINISTRATION BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) City of Bryan proposes to place a (type) Sewer within _ across X the right -of -way of (road) Mumford Rd in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by —3 copies of the drawings attached to this notice. I understand and agree that: I . The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation; 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer; 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way; 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the rigbt -of -way; 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989; 6. The line or lines will be constructed no less than twenty-four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway; 7.. All sites will be barricaded during the construction period. Construction of this line will begin on or after the 30 day of Oct. '2010. APPROVED BY COMMISSIONERS' COURT: Dale t /O , r Randy Sims, County dge Brazos County, Texas IM0os Firm: Blevl & Associates By: Sam Vernon P.E. Title: Regional Manager Address: 1722 Broadmoor Ste 21 Bryan TX 77802 Phone: 979- 268 -1125 r . Vol. �� pg._J —L° Jj `I e Bleyl & Associates ti .11Y 11 .2. It 1, 1, I, 1 11 1= 1= 1 ; rr 3,-IIMII�ii III, li[Lllil�ll 1� �A,� , 1; 'A J "D I 1l % WIN 111% as a ;cgs till 4h, Ag Gx- A SANITARY SEWER LINE PLW & PROFILE Bleyl Associates _�A 86+00 M & LA LINE EMNMON TO SERVE v SANITARY SEWER GENERAMON INDUSTRIAL PARK BMM. �� CONIIY Vol. Pg. - _.. Vol. i- :1q Pg 2D BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: September 28, 2010 ITEM: Request from Wickson Creek Special Utility District to construct a 30 ft. road bore for waterline installation(s) in the right -of -way of Shirley Road approximately 1,600 ft, from its intersection with FM 1179 (to provide service to address number 7286). Site is located in Precinct 2. SOURCE OF FUNDS: N/A REQUIREMENTS: 1. No work will be permitted between front slope and/or back slope. 2. All installation(s) shall be constructed in designated utility easements, if applicable. If no utility easement exists, the installation(s) shall be 1) within 3 -5' of and parallel to the right - of -way line and/or 2) in the case of a road bore, perpendicular to the right -of -way line. 3. If clearing of brush, trees and other obstruction is necessary, it shall be the Applicant's responsibility to do so and to remove all cleared brush, trees etc. from county right -of -way. 4. Ditch line shall be compacted to 90% standard density ASTM -Test Method No. D -698; test shall be conducted by an independent geotechnical testing firm; copies of all test results shall be furnished to the office of the Brazos County Engineer. 5. Construction shall be in strict conformance to the latest Texas Manual of Uniform Traffic Control Devices for Streets and Highway, published by the Texas Department of Transportation, and all other State and Federal laws governing utility construction. NOTES/EXCEPTIONS: SUBMI BY: AP29OVED BY: w Richard F. Vance, P.E. Commissioner E. Duane Peters County Engineer Precinct 2 CC2010 -068 This Request i Approved @� / Denied 0 by Commissioners' Court Date: 11lf� /i(D "� 1 -f&- kandy County Judge VOI. 1 1 Pg c2)a�_ REQUEST FOR PROPOSED INSTALLATION IN COUNTY RIGHT -OF -WAY TO THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS BRAZOS COUNTY COURTHOUSE BRYAN, TEXAS 77803 Formal notice is hereby given that (applicant) wickson Creek Special Utility District proposes to place a (type) waterline within_ across x the right -of -way of (road) 7286 Shirley Road in Brazos County, Texas as follows: The location or description of the proposed installation is more fully shown by 3 copies of the drawings attached to this notice. I understand and agree that: 1. The County Engineer must be notified 72 hours prior to the beginning of construction in order that he, or his designated inspector, may inspect the actual installation. 2. All damage to the roadways and rights -of -way will be repaired to their original condition to the satisfaction of the County Engineer. 3. Brazos County reserves the right to require Applicant to relocate or lower any such line at no cost to Brazos County, should same become necessary due to widening or lowering, or other alteration of the roadway or right -of -way. 4. Brazos County will in no way be responsible for any damage which might occur to any existing utility lines in the right -of -way. 5. The line will be constructed and maintained on the County right -of -way in accordance with the Utility Accommodation Policy which was adopted by the Texas Department of Transportation on May 29, 1989. 6. The line or lines will be constructed no less than twenty -four inches (24 ") lower than the lowest part of the drainage or bar ditch and the drainage is to be considered at least two feet (2') below the center of the roadway. 7. All sites will be barricaded during the construction period. Construction of this line will begin on or after theLgtNay of Seotember20 lo. APPROVED BY COMMISSIONERS' COURT ON: 9l1' g�lo D Randy Sims, County Judge Firm: Wicl on Creek Special Utility District By: �/�/scgn--- . Title: General Manager Address: B. D. Box 4756 Bryan, Texas P7805 Phone: 979 -589 -3030 Vol. 13 e Pg. 9,03 Vol. 131 pg. I A� 4 o ILJ � Nh� BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2009 -2010 BUDGET YEAR NO. 09/10 — 50.1 thru 50.6 On this the 28th 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 I C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 28th day of 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 28th day of September 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By. `l Randy Sims, County Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Covet Minutes Vol. 131 Pg. C205 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 50.1 9/2812010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 190,000.00 0100 11010000 71040000 DR Contract Placement 150,000.00 0100 11010000 61020000 DR Autopsy 40,000.00 General Fund Continigency & Court Support Costs: Reallocation of funds to cover additional contract placement and Auto2sy expenses thru ear -end. Vol. 131, 2 Pg. oz* BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 50.2 912 812 01 0 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 28002000 53300000 CR Employee Health Insurance 100,000.00 0100 28002000 51620000 DR Hourly - Overtime 100,000.00 S.O. Jail, Reallocation of funds within the Sheriffs Office Jail Administration division to cover overtime for FYI 0. V0 1. I pg. c� BRAZOS COUNTY, TEXAS BUDGETAMENDMENTS No. 09/10 - 50.3 9/28/2010 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 31010000 67285000 CR Equipment-Surveillance 6,615.00 0100 31010000 80720000 DR Security Systems 6,615.00 Juvenile: TYC Parole Reallocation of funds to proper account. 7 new cameras were puchased which expanded the security system at the Juvenile Detention Center. The cameras are part of a system and should be tracked as a capital asset and depreciated. VOL 13`� pg._ -uE IZ7 Treasurer BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 50.4 NAME reallocate funds to allow for the payment of $839.98 in noncollectable funds to cover overpayments of child support made on ialf of several former county employees that have been uncollectable since 2000. The Commissioners' Court granted approval of Prepared By'�uy `��� � tfj Date; s „�922720t V01. 1 pg Ocu CR 12000100 1 61450000 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09/10 - 50.5 9/2812010 Reallocation of funds to clear a negative balance in the Payroll Fund. $98.26 was sent in error to the TCDRS County Retirement Pool. TCDRS will not reimburse the County for $98.26. The monies will be kept on behalf of Brazos County. This amendment will allow Vol. I3 I Pg al D_ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 09110 - 50.6 9/26/2010 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 37000100 61110000 CR Conference & Seminar Fees 590.01 0100 37000100 60600000 CR Office Supply 241.52 0100 37000100 71025000 CR Contract Services 150.00 0100 37000100 60170000 DR Copier - Printer Supplies 430.92 0100 37000100 61801000 DR Travel 550.61 Brazos County Agriculture Extension Service Reallocation of funds for travel and printer cartridge to complete fiscal year. Prepared By �H �a� � {f� Q Vol. 1,39 Pg. °� I PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 28, 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 272 "d District Court Kyriell, Kaetheryne New Hire MacKay, Denise New Hire Ag Extension Fonseca, Alma Retirement Auditor Bates, Amy Promotion Cao, Thao Budgeted Change Conkel, Megan Budgeted Change Conner, Katie COLA Deng, Fang COLA Holloway, Victoria COLA Lozano, Rose COLA Murph, Beverly Budgeted Change Pratt, Brian COLA See, Magdalene COLA Budget Bailey, Will COLA Jett, Irene COLA Constable Pct 1 Freeman, Mary Step Increase Ortiz, Ernest Transfer to Another Dept. Watkins, David Promotion Constable Pct 2 Wendt, Stephanie Step Increase Vol. 139 P9. oC I CA Anderson, Justin COLA Bailey, Brenda Reclassification Ballard, William Reclassification Barton, Matthew COLA Biddle, Scott COLA Bouis, Melissa COLA Burkhalter, Tammy COLA Casares. Rose COLA Cooper, Billy COLA Coppinger, Stephanie COLA Dowling, Sondra COLA Eplen, Rebecca COLA Foley, Brian COLA Giles, Spencer COLA Guzman, Graciela COLA Higginson, George COLA Holmes, Joshua COLA Matzke, William COLA Perez, Cynthia COLA Price, Irvin COLA Risinger, Brian COLA Snelling, Tina COLA Vasquez, Jessica COLA County Clerk Elections Hines - Garrett, Jaime Step Increase DA Baker, Brian COLA Brick, John COLA Capps, Kevin COLA Carter, Melissa Reclassification Comte,-Kara COLA Crenshaw, Cory COLA Escue, Jessica COLA V0 1. 1 �&l Pg. a Howell, Doug COLA Hutchinson, Vernique COLA James, Andrea COLA McCune, Nathan COLA Parsons, Jarvis COLA Phelps, Shane COLA Ponzio, Kristie COLA Price, Brian COLA Schwartz, Bryan COLA Silber, Gregory COLA Smith, Danny COLA Swan, Misty COLA Thomas, Ray COLA Wormly, Krystal COLA District Clerk Bertling, Kayla Transfer to Another Dept. Blajeski, Nikki Transfer w /in Dept. Cadena, Patricia Transfer to Another Dept. Isaiz, Jacki Transfer to Another Dept. Mikeska, Jennifer Transfer to Another Dept. Skinner, Tanya Transfer to Another Dept, Spraggins, Quinn Transfer to Another Dept. Thomason, Jessica Resignation Weaver. Veronica Reduction in Staff Emergency Management Bailey- Meade, Michele Reclassification Expo Cogwin, Marlene New Position /Cell Phone Allowance Cooper, David Promotion Landsdown, Trevor Promotion Vol. 1 319 pg. 2 4 T Human Resources Mancuso, Chris Salazar, Jennifer IT Dainty, Courtney Gammage, Kurt Holland, Bill Holland, Bill Horn, Richard Knighton, Daryl Wolfe, Matt JP Pct 2 -1 Lara - Hooge, Vera JP Pct 3 , Cancino, Irma Gott, Myra Walker, Kay JP Pct 4 Nelson, Diana Vela, Elizabeth Juvenile Aguilar, Manuel Alvarado, Jon Alvarado, Maria Anderson, ShaVonda Bazy, Leroy Benavides, Martha Benavidez, Heriberto Billinghurst, Andrew Bledsoe, Lance Body, Olivia Bowie, Demuntz Brasher, Jean Brooks, Willis Vol. 13 I pg. � M ) Promotion COLA Step Increase Add Data Plan Step Increase Add Data Plan Add Data Plan Add Data Plan Add Data Plan Add Data Plan New Hire Reclassification Transfer Win Dept. New Position Promotion Transfer Win Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Transfer w /in Dept. Claypoole, John Transfer w /in Dept. Coker, Collin Transfer w /in Dept. Criddle, Steven Transfer w /in Dept. Dillon, Jeffrey Transfer wfin Dept. Eichinger, Larry Transfer w /in Dept. Farmer, Chris Transfer w /in Dept. Galls, Greg Transfer w /in Dept. Gonzales, Liza Transfer w /in Dept. Gooden, Shatner Transfer w /in Dept. Goosby, Johnnie Transfer Win Dept. Gore, Glynis COLA Hernandez, Charles Transfer w /in Dept. Hightower, Joselyn Resignation Hurt, Eric Transfer Win Dept. Johnson, Christena Transfer Win Dept. Kasberg, Stacey Transfer w /in Dept. King, Helen Transfer Win Dept. Lovett, Cynthia Transfer Win Dept. Luna, Aida Supplement Mable - Toliver, Kami Transfer Win Dept. Matlock, Deborah Transfer Win Dept. Mckey, Todd Transfer Win Dept. Mckey, Victoria Transfer Win Dept. Meers, Michelle Transfer Win Dept. Morales, Paul Transfer w /in Dept. Munoz, Patrick Transfer wfin Dept. Overstreet, Jeffrey Transfer Win Dept. Pennington, Shawn Transfer w /in Dept. Price, Delbert Transfer w /in Dept. Ricketson, Linda Transfer wfin Dept. Rosemond, Carolyn Transfer Win Dept. Rucker, Thomas Transfer Win Dept. Soto, Norma Transfer Win Dept. Tates, Linda Transfer Win Dept. Vol. �_—! — Pg. lP Thompson, Donald Transfer Win Dept. Tolmsoff, Shawn Transfer w /in Dept. Warren, Brittany Transfer Win Dept. Webb, David Transfer w /in Dept. Whetstone, Artis Transfer Win Dept. White, Melissa Transfer Win Dept. Williams, Ada Transfer w /in Dept. Williams, Willie Transfer w /in Dept. Magistrate 1 Paradis, Lisa Reclassification Vannest, Wayland Step Increase Zachary, Dana COLA Magistrate 2 Miller, Cindy COLA Records Management Allen, Lynn Budgeted Increase Stevens, Jeannie Promotion R &B Macias, Richard New Hire May, Terry Transfer w /in Dept. SO -Admin Villarreal, David Cell Phone Allowance Welch, Michael Cell Phone Allowance Young, Terry Cell Phone Allowance SO — Commissary Singer, Steven New Hire SO — Jail Graff, Elizabeth Group Increase Hernandez, Amanda Group Increase Maly, Brandon Resignation Mixon, Bradley Transfer Win Dept. Stumpf, Michael New Hire Vol. 139 pg. r_-1= Tax Office Williams, Laura New Hire Buentello, Olga Resignation Approved in Commissioners' Court: September 28 County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. —I�— Pg• � t K