Loading...
HomeMy WebLinkAbout2010-12-28-4:00PM-REGULARBRAZOS COUNTY BRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON DECEMBER 28, 2010 AT 4:00 PM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 r= 1t...... r±) Zo;U DEC 23 P 1: 09 t CCklM l 01 t. X tea � ,� r � l rn! 1. Invocation and Pledge of Allegiance - Commissioner Mallard. 2. Call for Citizen input and /or concerns. 3. Presentation(s) Presentation by Marc Hamlin regarding NACo Discount Prescription Cards. Consider and take action on agenda items 4 - 21: 4 Appointment of the following individuals to the Brazos County Historical Commission; term of each appointment Is January 1. 2011 through December 31 2012: a. Colleen Batchelor b. John Blair c. Nan Curtis d. Dorothy Hernandez e. Chad Hovde f. Thomas Lynch q. Henry Mayo h. Regina Operstenv I. Bill Page J. Wayne Sadberry k. LaVeme Young Hawkins 5 Appointment of County Judge -elect Duane Peters to the Brazos County Bail Bond Board. 6 Change to the time of the January 11. 2011 Commissioners Court Meeting from 4:00 p.m. to 9:00 a.m. 7 Change In the County's mileage reimbursement rate from $0.50 /mile to $0.51 /mile; effective January 1, Vol. 211 3 — _- Pg. .._ 2011. 8 Approval of Official Bonds for elected officials elected at the November 2, 2010 General Election. 9 Discontinuing the current Revised Grievance and Anti - Discrimination Policies for Brazos County employees from Brazos County Policy and removing it from the County Employee Handbook. 10 Proposed Grievance Policy for Brazos County. 11 Brazos County Policy regarding outside employment of Brazos County Employees. 12 Request from the District Attorney to make the following chances: a. Decrease the budgeted annual salary for the First Assistant District Attorney, class code 0403, position 1 by $2.612.00. b. Decrease the budgeted annual salary for the Trial Chief, class code 0411, position 1, by $12.688.00. c. Increase the budgeted annual salary for the Assistant District Attorney 11, class code 0413, position 5 by $2,400.00. d. Increase the budgeted annual salary for the Assistant District Attorney II, class code 0413 position 2 by $2,400.00. e. Increase the budgeted annual salary for the Assistant District Attorney Il, class code 0413, position 6 by $2.400. f. Increase the budqeted annual salary for the Assistant District Attorney I, class code 0415, position 1 by $2,400. q. Increase the budqeted annual salary for the Legal Admin Secretary, class code 0425. position 4, from group 15 step 9 to group 15 step 11, an annual Increase of $1.900. h. Increase the budgeted annual salary for the Legal Adman Secretary, class code 0425, position 3, from group 15 step 2 to group 15 step 5, an annual increase of $2,402. i. Increase the budgeted annual salary for the Front Office/ Receptionist, class code 0429. position 1, from group 9 step 9 to group 9 slept 1, an annual increase of $1,399. 13 Texas Task Force on Indigent Defense formula grant award for Fiscal Year 2011. 14 Memorandum of Understanding with Humana Pharmacy Solutions; effective January 1, 2011. 15 Service Provider Agreement between Brazos County /Brazos County Juvenile Services and James Woods. 16 Service Provider Agreement between Brazos County /Brazos County Juvenile Services and John Morris. 17 Change order to PO # 11000222 for the removal and disposal of 1,200 square feet of plaster ceiling in the main lobby of the Brazos County Courthouse. The amount will be $9500.00. 18. Tax Refund Applications for the following: a. Karl A Black - overpayment- $186.6 b. Carl D & Terri Seater Jr- overpayment- $11.20 c. Eulalie D Petit- overpayment- $3 d. Donald B McCrory- overpayment $ 20 . 00 e. Lee Maurer - overpayment -$9.1 f. Betty Jo Pohl - overpayment- $209.9 19. Budget Amendments. Budget Amendments FY11: 12.1 thru 12.3 20. Personnel Change of Status. Personnel Action Forms 21. Payment of Claims. 22. Announcement of interest items and possible future agenda topics. I4 a Pg. 24 23. Call for Citizen input and/or concerns. 24. Agency/ Board/ Committee reports by Court members. 25. Adjourn. Vol. PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in 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 Stale 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 tactual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act §551.042. The Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. I 10`- Pg. 2 (a BRAZOS COUNTY BRYAN,TEXAS MINUTES December 28, 2010 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 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, December 28, 2010 with the following members of -the Court present: Randy Sims, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - Commissioner Mallard. Commissioner Mallard asked Chaplain Jones to give the invocation and then Commissioner Mallard led the pledge of allegiance. 2. Call for Citizen input and /or concerns. There was no citizen input. 3. Presentation(s) Presentation by Marc Hamlin regarding NACo Discount Prescription Cards. Marc Hamlin, District Clerk informed the Court that the NACo Prescription Card Program Vol. � a Pg a.41 was now in it's third year and had saved the citizen's $1,250,000.00. Consider and take action on agenda items 4 - 21: 4 Appointment of the following Individuals to the Brazos County Historical Commission: term of each apoolntment Is January 1 201 throuqh December 31. 2012:a. Colleen Batchelor b. John Blairc. Nan Curtlsd. Dorothy Hernandez e. Chad Hovdef. Thomas Lvncha. Henry Mavoh. Regina Operstenvl. Bill Pagel. Wayne Sadberrvk. LaVerne Young Hawkins Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 5 Appointment of County Judge -elect Duane Peters to the Brazos County Bail Bond Board. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 6 Change to the time of the January 11. 2011 Commissioners Court Meeting from 4:00 p.m. to 9:00 a.m. Commissioner Cauley voiced concern that the 9:00 a.m. meeting time was not conducive to the working public and that this be for this meeting only. Commissioner Peters stated that the alternative was to cancel this meeting so that the newly elected officials could attend continuing education classes in Austin. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 7 Change in the County's mileage reimbursement rate from $0.50 /mile to $0.51 /mile: effective January 1, 2011. Per Internal Revenue Service 2011 Standard Milage Rates as allowed under IR -2010- 119. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . g Approval of Official Bonds for elected officials elected at the November 2.2010 General Election. The following bonds were approved: Amanda Matzke - Judge, County Court at Law I Jim Locke, Judge County Court at Law II Mike McCleary - Justice of the Peace, Precinct 1 Vera Lara -Rooge - Justice of the Peace, Precinct 2 Place 1 Tommy Munoz - Justice of the Peace, Precinct 2 Place 2 George Boyett - Justice of the Peace, Precinct 3 Rick Starnes - Constable, Precinct 3 Karen McQueen - County Clerk Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . g Discontinuing the current Revised Grievance and Anti - Discrimination Policies for Brazos County employees from Brazos County Policy and removing it from the County Employee Handbook. Vol. f t >' Pg. a y g 11 This is in reference to a Grievance Policy adopted October 26, 2010. Bill Ballard, Civil Counsel said this policy destroyed the County's "at will" status and leans more toward Civil Service. He asked the Court to rescind and allow him time to meet with TAC attorneys to discuss it further. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 10 Proposed Grievance Policy for Brazos County. The motion was to reinstate the former policy until after a workshop. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . Brazos County Policy regarding outside employment of Brazos County Employees. Commissioner Cauley said she would like to delay this until there is a workshop on it. Commissioner Peters stated that this should be put in place today. This policy exempts law enforcement personnel. A copy of the policy is attached. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 12 Request from the District Attorney to make the following changes:a. Decrease the budgeted annual salary for the First Assistant District Attorney, class code 0403. position 1 by $2.612.00.b. Decrease the budqeted annual salary for the Trial Chief, class code 0411, position 1, by $12,688.00.c. Increase the budgeted annual salary for the Assistant District Attorney II. class code 0413, position 5 by $2,400.00.d. Increase the budaeted annual salary for the Assistant District Attorney 11. class code 0413. position 2 by $2.400.00.e. Increase the budgeted annual salary for the Assistant District Attorney 11, class code 0413, position 6 by $2,400.f. Increase the budgeted annual salary for the Assistant District Attorney I, class code 0415, position 1 by $2,400.x. Increase the budgeted annual salary for the Legal Admin Secretary. class code 0425. position 4, from group 15 step 9 to group 15 step 11, an annual increase of $1,900.h. Increase the budgeted annual salary for the Legal Admin Secretary, class code 0425. position 3, from group 15 step 2 to group 15 step 5. an annual increase of $2,402.1. Increase the budaeted annual salary for the Front Office/ Receptionist. class code 0429. position 1. from group 9 step 9 to group 9 stepl1.an annual increase of $1,399. The net amount to these changes is minus $1.00 Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 13 Texas Task Force on Indigent Defense formula grant award for Fiscal Year 2011. Grant award is an estimated $82,308.00. A copy of the grant award letter is attached. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 14 Memorandum of Understanding with Humana Pharmacy Solutions: effective January 1, 2011. A copy of the Memorandum of Understanding is attached. Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Vol. 1 y d, Pg 3-91 Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 15 Service Provider Agreement between Brazos County /Brazos County Juvenile Services and James Woods. Cost to Brazos County is $800.00 for each completed court ordered evaluation. A copy is attached. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard Wasserman . Vol. lua Pg. a go psychological sexual by Commissioner , Peters , Sims , 16 Service Provider Agreement between Brazos Countv /Brazos County Juvenile Services and John Morris. Cost to Brazos County is $125.00 for the first hour and $100.00 for each additional hour for each completed evaluation received. Also $500 for transportation cost if Service Provider is required to travel to Brazos County Juvenile Services in order to conduct the evaluation. Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 17 Chanqe order to PO # 11000222 for the removal and disposal of 1,200 square feet of plaster ceiling In the main lobby of the Brazos County Courthouse. The amount will be $9500.00. Increases cost of asbestos removal to $119,534.00. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner Duane Peters. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 18. Tax Refund Applications for the following: a. Karl A Black - overpayment - 5186.60 b. Carl D & Terri Salter Jr- overpavment - $11.20 c. Eulalle D Petit - overpavment- $35.93 d. Donald B McCrorv-overpavment-$20.00 e. Lee Maurer - overpayment -$9.15 f. Betty Jo Pohl - overpavment- $209.97 Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 19. Budget Amendments. Budget Amendments FY11: 12.1 thru 12.3 12.1 - Transfer of funds from General Fund Contingency to Collections Department 12.2 - Transfer of funds from General Fund Contingency to Treasurer's Office 12.3 - Reallocate funds for Commissioners Court Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 20. Personnel Change of Status. Personnel Action Forms Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 21. Payment of Claims. 7081804 through 7082191 Motion: Approve , Moved by Commissioner Duane Peters, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Cauley , Mallard , Peters , Sims , Wasserman . 22. Announcement of interest items and possible future agenda topics. There were no announcements. 23. Call for Citizen input and /or concerns. Sheriff Chris Kirk There were 530 inmates in jail, 40 are on electronic monitors and 39 are pending for monitors. Anne Boney a) asked if each received their invitation to the jubilee being held January 21, 2011. b) appreciated the Court having the meetings at 4:00 p.m. and asked that it be kept at that time. 24. Agency/ Board/ Committee reports by Court members. There were no agency /board /committee reports. 25. Adjourn. Vol. I a Pg. as, The foregoing minutes of the Commissioners Court meeting held December 28, 2010 have been examined and are approved in open Court this the /O day of Bryan, Brazos County, Texas. Duane Peters County Judge I mmy a ena Commi - ioner, Precinct 2 Cau Commissioner, P Attest: Kare McQueen County Clerk 4 Vol ti 4 a Page d5a ,2011, in Lloyd Wassermann Commissioner, Precinct 1 ram Kenny Mallar Commissioner, Precin t 3 N 1 a Organization / Department Mud, p M ,/ � vao _ t` -- ^ V At Ar (4 /Q l�� / C � / K X e \ \-) s. li-G,_, L Lt Q IA_ , � / 1 0 , l a .IA-v.- Is `X 1 c;* Ue4Y ;; A/YLS ' AAN ?s - W ci Wire _ , aurtn 2.ee\ies ■sfi60- CAM Sheet Ice rau c bistricf' 0 kirk `�o �G� G - (/f l (,l 1 ' ^' V` 1 `/� • Y V!4 C f / _2 eo. y Pc .. S 6 1 z— I " (K A,La 4- c J � ,v€ a a-1- l /(' BRAZOS COUNTY COMMISSIONERS COURT Meeting on ,Den ( , )6 , 2010 @ 1 7': 0 e 9- Vol. 1 q pg. ?5-3 PAGE / of Name / Department ( ii/ Ce Vie nn Organization ✓� L7 C . 1 -,_ � , ,./ lam, -d 3 i / ael) / e�,c - t.,.. ANr ,a., f /rbovlw „ d x1/2-0, p , , , , ,k ce,-,_____ I s r/ I lat11) ti S (I}P, ( (-it V rei* r-si; 4 /*o /44) a de. 7 i 0 C Ac t t L<. � � l , � 1 4`' �� U _�lll" Hil r 4 et/ A A-tor A e CY 1 Meeting on t- 0 , 2010 @ P J' `M I BRAZOS COUNTY COMMISSIONERS COURT 1 Vol. 4 a, pg. a5 4 PAGE 2 of BRAZOS COUNTY COMMISSIONERS COURT Meeting on 0 .Ocan 'Z/ , , 2010 @ 1 41 o 0 f - Name S.a (firth 1{14- Organization / Department vol. yiL 1 d Pg ass PAGE 9 43 BRAZOS COUNTY Bryan, Texas COUNTY MILEAGE RATE (effective 1 January 2011) Change in the County's mileage reimbursement rate from $0.50 /mile to $0.51 /mile, changing the County's reimbursement rate to match that used by the Internal Revenue Service, effective 1 January 2011. Approved ,A4P Vol. I Li P ?Ste dy s ounty Judge date Office of the County Judge • 300 East 26 St. • Suite 114 • Bryan, Texas 77803 • Fax: (979) 361 -4503 5.01 POLICY ON GRIEVANCES 5.01.1 PROCEDURE: BRAZOS COUNTY Any Brazos County employee having a grievance related to his /her job should discuss the grievance with his /her immediate supervisor. If the discussion with the immediate supervisor does not resolve the grievance, and, if the immediate supervisor is not the elected, or appointed official with final responsibility for the employee's department, the employee shall have the right to discuss the grievance with that official. The decision of the elected or appointed official with final responsibility for the employee's department shall be final in all grievances. 5.01 Page 1 of 1 Brazos County Personnel Policy Manual 124 Vol. ILO, pg. g.57 June 30, 2007 Outside Employment Brazos County employees may hold outside jobs as long as they meet the performance standards of their job with Brazos County. All employees will be judged by the same performance standards and will be subject to Brazos County's scheduling demands, regardless of any existing outside work requirements. An employee wishing to engage in outside employment must get approval for any outside employment from their supervisor. If the employee's supervisor determines that an employee's outside work interferes with performance or the ability to meet the requirements of Brazos County as they are modified from time to time the employee may be asked to terminate the outside employment if he or she wishes to remain with Brazos County. Brazos County property may never be used for outside employment and outside employment may not occur during the employee's scheduled work hours. Outside employment that could reasonably be expected to impair independent judgment or the performance of County work is prohibited. Outside employment that constitutes conflict of interest is prohibited. (Brazos County Law Enforcement personnel are exempted from this "outside employment" policy. They are covered by a separate departmental policy regarding outside employment.) Vol. 1 a Pg a6 Grant Number: Grantee Name: Program Title: Grant Period: Grant Award Amount: ySAF Task Force on Indigent Defense Statement of Grant Award FY2011 Formula Grant 212 -11 -021 Brazos County Indigent Defense Services 10/01/2010-9/30/2011 The sum of $5000.00 and 0.726671% of the remaining funds budgeted for FY11 formula grants by the Task Force. Based on the initial funds budgeted, this amount is estimated to be $82,308. The Task Force on Indigent Defense (Task Force) has awarded the above - referenced grant for indigent defense services. Formula Grants are provided by the Task Force to meet its statutory mandates and to promote Texas counties' compliance with standards adopted by the Task Force. The authorized official named on the grant application must sign this Statement of Grant Award and return it to the Task Force by January 20, 2011. The grantee will not receive any grant funds until this notice is executed and returned to the Task Force. Standard Grant Conditions: • The authorized official for the grantee accepts the grant award. • The authorized official, financial officer, and program director, referred to below as grant officials, agree to the terms of the grant as written in the Request for Applications issued on September 7, 2010, including the rules and documents adopted by reference in the Task Force on Indigent Defense's Grant Rules in Title 1, Part 8, Chapter 173, Texas Administrative Code. • The grant officials understand that a violation of any term of the grant may result in the Task Force placing a temporary hold on grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds already spent, or barring the organization from receiving future grants. • Disbursement of funds is always subject to the availability of funds. • Any plan documents submitted to the Task Force must continue to meet all grant eligibility requirements. The authorized official for this grant prog signing this Statement of Gra E and Si has re ature of Authorized Official ILUfYaI/ Cncx flQf� 'Name & Title (must Vint or type)` Date vo1._— ` - Pg. 51 the preceding and indicates agreement by WHEREAS, under the provisions of the Fair Defense Act, 77th Regular Session, counties are eligible to receive grants from the Task Force on Indigent Defense to provide improvements in indigent defense services in the county; and WHEREAS, this grant program will assist the county in the implementation of the provisions of the Fair Defense Act and the improvement of the indigent criminal defense services in this county; and WHEREAS, Brazos County Commissioners Court has agreed that in the event of loss or misuse of the funds, Brazos County Commissioners assures that the funds will be returned in full to the Task Force on Indigent Defense. NOW THEREFORE, BE IT RESOLVED and ordered that the County Judge of this county is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Indigent Defense Formula Grant Program and all other necessary documents to accept said grant; and BE TT FURTHER RESOLVED that the County Judge is designated as the Program Director and contact person for this grant and the County Auditor is designated as the Financial Officer for this grant. Adopted this / 2/1- day of_catar , 2010. Attest: After submitting the formula grant application on -line, the following Internet submission confirmation number was received # c 2 Q 1 0O2. Qui 0/l oc/ This grant application submissioj was in accordance with the Commissioners Court Resolution above. Rand tms Co ty Judge 2011 Brazos County Resolution Indigent Defense Grant Program Internet Submission Form vol. 1 4a Pg . (Pico ndy Sims County Judge Resolution 10-015 2011 Brazos County Formula Grant Program Application Confirmation 2011 Brazos County Formula Grant Program Application Confirmation County: Fiscal Year: Confirmation Number: Projected Allocation: County's FY01 Baseline: State Payee Identification number: Division or unit within the county to administer the grant: Official County Mailing Address: The County Judge is Randy Sims. The Financial Officer is the County Auditor, Katie Conner. The Local Administrative District Judge is J. D. Langley. The Local Administrative Statutory County Court Judge is Amanda Matzke. The Chairman of the Juvenile Board is Randy Sims. Indigent Defense Plan Review Summary Juvenile District County Board Plan Plan Plan Complete Complete Complete The plan requirements appear to have been met. Brazos 2011 201102120101004 $82,308.00 $724,751.00 #120 Judicial 200 S. Texas Ave Bryan, TX 77803 Page 1 of 1 Receive Plan Mailings r r ar After printing out the Resolution / Internet Submission Form and obtaining the appropriate signatures, mail or fax the form to: Darby Johnson, PPRI 335 H.C. Dullie Bell Building TAMU Mailstop 4476 College Station, Texas 77843 -4476 Fax number: 888 -351 -3485 Resolution / Internet Submission Form: Click on link to open new window with Sample resolution. This may be printed or copied (Ctrl +A, CtrI +C) and pasted (Ctrl +V) into Word Processing software for editing. Word Version https: / /tfid. tamu. ed u / FormulaGrantProgram /FGPApplicationConfirmation .asp ?County_ID... 10/4/2010 • Vol. 1 a Pg. ate MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is by and between the County of Brazos, Texas ( "County ") and Humana Pharmacy Solutions ( "Humana ") and serves as mutual confirmation of the award of Humana's bid application, a copy of which is attached as Exhibit "A ". This Memorandum of Understanding, effective this 1 day of January, 2011, is intended to set forth the basic understandings of the parties and shall be supplemented by a written agreement, to be signed between the parties no later than February 28, 2011, which more specifically details the terms and conditions between the County and Humana conceming pharmacy benefits management. Pursuant to the terms of the County's RFP, a copy of which is attached hereto as Exhibit `B ", Humana shall commence responsibilities as the County's Pharmacy Benefits Manager on January I, 2011. Prior to commencing duties as the County's Pharmacy Benefits Manager, Humana represents and warrants that it has all appropriate and necessary permits, licenses and/or authorizations to perform the duties of a Pharmacy Benefits Manager and that it is in good standing with the Secretary of State of the State of Texas. Humana further understands and agrees to carry adequate insurance, as mutually determined between the parties, to cover all potential risks associated with its responsibilities as Pharmacy Benefits Manager and that it shall defend, indemnify and hold the County, its officers, directors, employees and agents harmless from any and all causes of action, claims, demands or proceedings brought against all or any of them as a result of any negligent actions or inactions or willful misconduct for which Humana is responsible arising out of or related to this Agreement. In the event of a dispute or controversy arising out of or relating to the bid award or this Memorandum of Understanding, Humana and the County agree to mediate said dispute or controversy. Each party shall designate an authorized person to represent the party in the mediation and each party shall bear its own costs of mediation. The parties' relationship shall be governed, construed and interpreted in accordance with the laws of the State of Texas. In the event of a conflict between the terms of this Memorandum of Understanding and the Bid, the terms of the Bid and Humana's responses shall take precedence over this Memorandum of Understanding. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall together constitute but one instrument, which may be sufficiently evidenced by any counterpart. vol. 4 a, P ate a 1� "COUNTY" BRAZOS C•� Y RAND SIMS Signed by the parties below through their authorized representatives. ATTEST: Br. ss County Judge KA2EN MCQUEEN Brazos County Clerk vol. 1 4a \ - pg. 0 )1°3 "HUMANA" HUMANA PHARMACY SOLUTIONS By Yt_ Authorized Representative SERVICE PROVIDER AGREEMENT BETWEEN BRAZOS COUNTY/ BRAZOS COUNTY JUVENILE SERVICES AND JAMES WOODS This Agreement is entered into between the Brazos County, Texas, a political subdivision of the State of Texas (hereinafter "Brazos County" or "County ") on behalf of the Brazos County Juvenile Services Department, (hereinafter "BCJS" or "Juvenile Services ") and James Woods (hereinafter "Provider" or "Service Provider : "). PURPOSE The purpose of this Agreement is to set terms, conditions and fees for Service Provider to conduct Court Ordered Psychological Sexual Evaluations on juveniles referred to the Juvenile Court. Such evaluations may only be done by a licensed counselor with a current certification as a Licensed Sex Offender Treatment Provider. TERM The term of this Agreement is for twelve (12) months, commencing October 1, 2010 through September 30, 2011. It shall be automatically renewed for two additional one year terms thereafter, commencing September I and ending August 31 of the year 2013, unless one party notifies the other at least thirty (30). days prior to the expiration to the expiration of said term, of its intention to not renew this Agreement. BCJS may terminate this Agreement immediately in the event the Service Provider substantially or materially breaches the Agreement. The Service Provider shall be paid for work satisfactorily completed prior to the date of termination. RESPONSIBILITIES OF THE BRAZOS COUNTY JUVENILE SERVICES 1. NOTIFICATION AND COOPERATION. 1.01 BCJS shall notify Service Provider that a juvenile has been ordered an evaluation. 1.02 BCJS shall provide Service Provider space at BCJS in order to conduct the evaluation if needed. 2. PAYMENT /FUNDING 2.01 BCJS agrees to pay Service Provider the amount of $800.00 for each completed court ordered psychological sexual evaluation within thirty days after receipt by the Brazos County Auditor of an accurate invoice. 2.02 BCJS shall not be financially responsible to the Service Provider for any other additional fee(s), service(s) or court appearances) /deposition(s). The obligations of the County under this agreement are expressly Service Provider Agreement Page 1 of 9 vnl d\ __a 4(5 contingent upon the availability of funding for the term of the agreement and any extensions thereto. 2.03 Provider shall not charge parents /guardians of the juvenile for evaluation services. 2.04 Invoices shall be on Provider's letterhead and contain an accurate mailing address and telephone number(s) where Provider can be reached during normal business hours. Such invoices shall be submitted to: Brazos County Juvenile Services Attn: Collin Coker 1904 West Highway 21 Bryan, Texas 77803 2.05 Invoice(s) submitted by Service Provider shall contain the name of the juvenile that received service. BCJS will verify the services performed by the Provider through either BCJS's purchase of service request or the referring Court of Law. BCJS will then process the invoice for payment through the Brazos County Auditor's Office. The Brazos County Auditor will verify all supporting documentation and authorize the generation of a check for the Provider. RESPONSIBILITIES OF SERVICE PROVIDER 1. SERVICES PROVIDED 1.01 Juvenile Sex Offender Evaluation and Assessment The evaluation shall focus on strengths, the risks, and deficits of the juvenile with sexual behavior problems, as well as identifying factors from social and sexual history, which may contribute to sexual deviance. Evaluations provide the basis for the development of comprehensive treatment plans and should provide recommendations regarding the intensity of intervention specific treatment protocol needed amenability to treatment, as well as the identified risk the juvenile with sexual behavior problems presents to the community. Psychological profiles cannot be used to prove or disprove an individual's propensity to act in a sexually deviant manner. 1. The assessment shall be age appropriate. 2. The assessment shall be sensitive to any cultural, language, ethnic, developmental, sexual orientation, gender, medical and /or educational issues that may arise during the evaluation. 3. The assessment shall be developmentally appropriate which includes social, cognitive, and educational levels. Service Provider Agreement Page 2 of 9 Vol. 1 4a pg. a (DS 4. The assessment shall determine the client's level of functioning, appropriate treatment interventions, and facilitate the development of an individualized treatment plan. Assessments shall be individualized and reasonable efforts shall be made to acquire collateral information as well as the following information. A. Criminal investigation records (only when child adjudicated for the referred offense(s) and information may be redacted from the criminal investigation records to reflect the adjudicated offense(s)); B. intellectual and cognitive functioning; C. mental status psychiatric history /hospitalization; D. medical history and an exam by a medical professional to determine sexual development; E. self destructive behaviors including self - mutilation and Suicide attempts P. family origin and history /relationship history including exposure to domestic violence; G. referral history H. sex offender registration status; I. history of violence and aggression; J. history of school truancy, fire - setting, abuse of animals, and running away K. cognitive distortions; L. impulse control; M. trauma assessment (emotional, physical, sexual abuse); N. social and educational competence; 0. substance abuse; P. sexual history including sexual development, sexuality and Service Provider Agreement Page 3 of 9 Vol. a Pg. 21Lp experimentation, gender identity issues, masturbatory practices, and fantasy consent; and sexual deviant behavior - including a description of the offense behaviors, numbers of victims, gender and age of victims, frequency and duration of sexual contact, victim selection, access, grooming behaviors, use of threats, coercion or bribes to maintain victim silence, degree of force used before, during and /or after the sexual behavior, and deviant arousal patterns. R. Collateral Information. The treatment Provider shall thoroughly review written documentation and collateral interviews. This involves gathering and reviewing information from all available and relevant sources concerning the juvenile and the victim, including: 1. parent or guardian 2. sibling 3. statements from the victims 4. school records 5. child protective services 6. previous treatment provider 7. mental health professional 8. The following may be provided from the supervising officer: a. Petition -to include only adjudicated offense b. Court orders c. pre- disposition reports d. psychological /psychiatric evaluation when available S. Use of Psychological Tests for purposes of assessment. Psychological tests have been described as a "critical dimension" to a comprehensive evaluation of juveniles. The primary domains required in the assessment of the juvenile are as follows: 1. intellectual and neurological functioning; 2. personality (example: Jesness Inventory, MACI, Minnesota Multi- phasic Personality Inventory - MMPI for juveniles); 3. psychopathology (example: Piers Harris Children's Service Provider Agreement Page 4 of 9 vol. 1 L1 Pg . a12 Self Concept Scale, Hare Psychopathy Scale -Youth Version); 4. behavioral; 5. sexual deviance; and 6. co- morbidity. 2. SEX OFFENDER EVALUATION AND ASSESSMENT: 2.01 Provider shall provide a typed, signed, and written sex offender evaluation and assessment to BCJS's Senior Probation Officer or other designee within five (5) business days from the date of evaluation, whether Provider is paid through CHIP or Medicaid, or any other source of Purchasing. Should BCJS be the payment source for the sex offender assessment, then Provider shall mail or hand - deliver a hard copy of the sex offender assessment to BCJS's accounting unit within three (3) business days. 2.02 Under § 231.006 of the Texas Family Code, Provider certifies that the individual or business entity named in this agreement is not ineligible to receive payment and acknowledges that this agreement may be terminated and payment may be withheld if this certificate is inaccurate. 2.03 Provider warrants that Provider is certified, approved and/or licensed by all Federal, State or local agencies or department that have jurisdiction to regulate any activity performed by Provider. Service Provider shall submit current copies of applicable licenses to BCJS within seven days of the acceptance of this Agreement and shall remain current and in good standing with all applicable licensing agencies during the term of this Agreement. 2.04 Provider shall disclose to BCJS any pending or initiated criminal or governmental investigations within the last twelve months preceding the execution of this agreement, as well as and immediately report to BCJS any applicable licenses suspensions, cancellations or terminations during the term of this agreement. MAINTENANCE AND ACCESSIBILITY OF RECORDS The Service Provider shall maintain for a minimum of seven (7) years past the last date on which service was given or until the juvenile's 21st birthday, whichever occurs later, pursuant to Texas State Records Retention Schedule Rule 4125 -05 and/or Title 22 Texas Administrative Code Part 9, Chapter 165. Service Provider agrees to make books, records and supporting documentation relevant to this Agreement available to authorized BUS representatives, auditors, and any other person as may be authorized by the BCJS or by Service Provider Agreement Page 5 of 9 Vol. 1 4' p 010 �' the State of Texas or Federal statute. The Service Provider will cooperate fully in any such audit. Failure to maintain books, records and supporting documentation shall establish a presumption in favor of the BCJS and the County for the recovery of any funds paid by BCJS, Brazos County or the State under this Agreement for which adequate books, records and supporting documentation are not available to support disbursement. RIGHT OF AUDIT AND MONITORING BCJS shall monitor the Service Provider's conduct under this Agreement which may include, but shall not be limited to, reviewing records of program performance in accordance with Administrative rules, license status review, fiscal and audit review, Agreement compliance and compliance with affirmative action requirements of this Agreement. BCJS may request, and Service Provider will supply, upon request, necessary information and documentation regarding transactions constituting contractual (whether a written contract is in existence or not) or other relationships, paid for with funds received hereunder. Documentation may include, but is not limited to, information regarding Service Provider's contractual agreements, identity of employees, shareholders and directors of Service Provider and any party providing services which will or may be paid for with funds received hereunder, including, but not limited to, management and consulting services rendered to Service Provider. INDEPENDENT CONTRACTOR The Service Provider is an independent contractor under this Agreement and neither the Provider nor any employee or agent of the Provider is an employee of BCJS and does not acquire any employment rights with the BCJS or the County of Brazos by virtue of this Agreement. The Service Provider will provide the agreed services and achieve the specified results free from the direction or control of the BCJS as to the means and methods of performance. The Service Provider will be required to provide his or her own equipment and supplies necessary to conduct business; provided that in the event for its convenience or otherwise the BCJS makes any such equipment and /or supplies available to the Service Provider, the Provider's use of such equipment or supplies provided by the BCJS pursuant to this Agreement shall be strictly limited to official BCJS or Brazos County business and not for any other purpose, including any personal benefit or gain. BCJS and /or Brazos County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of Service Provider's duties as described under this Agreement. Service Provider Agreement Page 6 of 9 Vol. ► y a p 016 9 NO ASSIGNMENT OR DELEGATION OF DUTIES The Service Provider may not assign or subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by BJCS. In emergencies, the Service Provider will request approval in writing within at least twenty -four (24) hours of the use of a subcontractor to fulfill any obligations of this Agreement. CONFIDENTIALITY / HIPAA Service Provider shall comply with applicable local, State and Federal statutes, laws and regulations, including signing a Business Associate Agreement with BCJS and Brazos County, as well as BCJS administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. Provider shall ensure that all files and records generated or created pursuant to this agreement containing individually, identifiable health information in electronic, paper and /or oral form also known as protected health informant (PHI), are maintained and or disseminated in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA and the Social Security Act 42 U.S.C. 1320d -2 through 1320c1-7), and that appropriate safeguards to prevent use or disclosure of such information are in place. INDEMNIFICATION Service Provider shall defend, indemnify and hold harmless Brazos County, BCJS, its officers agents and employees from all claims or causes of action of any kind for injury or damage of any kind to any person or property brought by or on behalf of any person due to or related to the negligence or intentional acts or omissions of Service Provider, its agents, employees, or subcontractors. Service Provider shall pay any and all damages assessed against Brazos County, BCJS, its officers, agents or employees, arising out of such negligence or intentional acts. Service Provider shall maintain at Provider's own expense, Professional Liability Insurance with a policy limit of not less than $300,000.00. Such policy shall be with an insurance company licensed to do business in Texas and shall be satisfactory to the County. All of said insurance policies shall name the County, its officers, employees and the Brazos County Juvenile Board as additional insured(s) and shall provide that the County shall be given at least thirty (30) days advance written notice of any lapse, amendment or cancellation. VENUE This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Brazos County, Texas. Venue for any legal proceedings shall be in Brazos County, Texas. Service Provider Agreement Page 7 of 9 Vol U A pg a� o NON- DISCRIMINATION AND EQUAL OPPORTUNITY Provider certifies that it will comply fully with the non - discrimination and equal opportunity provisions of Title VII of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990, as amended; and with all applicable requirements imposed by or pursuant to regulations that implement those laws. MISCELLANEOUS 1. Either of the parties hereto may terminate this Agreement by giving a thirty (30) day written notice to the other party. 2. The Provider understands that signing this Agreernent does not guarantee any referrals from the Brazos County Juvenile Services Department. 3. This Agreement may be modified or amended at any time during its term by mutual consent of the parties, expressed in writing, and signed by the parties. 4. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 5. No failure of BCJS to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely, for the purpose of denial of such a right or remedy to Juvenile Services. 6. The Service Provider agrees to notify BCJS and obtain BCSJ permission, prior to issuing public announcements or press releases concerning work done pursuant to this Agreement, or funded in whole or in part by this Agreernent, and to cooperate with BCJS in joint or coordinated releases of information. 7. The Service Provider shall give five (5) days prior written notice to the BCJS, if there is a change in the Provider's legal status, federal employer identification number (FEIN) or address. BCJS reserves the right to take any and all appropriate action. The Provider agrees to hold harmless BCJS for any acts or omissions by the BCIS resulting from the Service Provider's failure to notify of these changes. 8. The Service Provider And Juvenile Services understand and agree that this Agreement constitutes the entire agreement between them and that no promises, terms, or conditions not recited herein or incorporated herein or referenced herein, including prior agreements or oral discussions, shall be binding upon either the Provider or the department. 9. This Agreement may be signed in duplicate originals, the same or a copy thereof which will have the same force and effect as a duly signed original. Service Provider Agreement Page 8 of 9 Vol, i `l a pg. a-7 I SIGNED by the parties below at the dates provided below. Randy Sims ' ounty Judge Chairma 6razos County Juvenile Board Dr. Doug Vance, Executive Director Date Signed Brazos County Juvenile Services James Woods, Licensed Professional Counselor Date Signed Licensed Sex Offender Treatment Provider Reviewed and approved as to form: Tina Louann Snelling Tina Louann Snelling Civil Division Service Provider Agreement Page 9 of 9 Vol. 14a Pg a1 a 4/,2 j/v Date Signed SERVICE PROVIDER AGREEMENT BETWEEN BRAZOS COUNTY/ BRAZOS COUNTY JUVENILE SERVICES AND JOHN MORRIS This Agreement is entered into between the Brazos County, Texas, a political subdivision of the State of Texas (hereinafter "Brazos County" or "County ") on behalf of the Brazos County Juvenile Services Department, (hereinafter "BCJS" or "Juvenile Services ") and John Morris (hereinafter "Provider" or "Service Provider: "). PURPOSE The purpose of this Agreement is to set terms, conditions and fees for Service Provider to conduct Court Ordered Psychological Sexual Evaluations on juveniles referred to the Juvenile Court. Such evaluations may only be done by a licensed counselor with a current certification as a Licensed Sex Offender Treatment Provider. 1. NOTIFICATION AND COOPERATION. 2. PAYMENT/FUNDING TERM The term of this Agreement is for twelve (12) months, commencing October 1, 2010 through September 30, 2011. It shall be automatically renewed for two additional one year terms thereafter, commencing September 1 and ending August 31 of the year 2013, unless one party notifies the other at least thirty (30) days prior to the expiration to the expiration of said term, of its intention to not renew this Agreement. BCJS may terminate this Agreement immediately in the event the Service Provider substantially or materially breaches the Agreement. The Service Provider shall be paid for work satisfactorily completed prior to the date of termination. RESPONSIBILITIES OF THE BRAZOS COUNTY JUVENILE SERVICES 1.01 BCJS shall notify Service Provider that a juvenile has been ordered an evaluation. 1.02 BCJS shall provide Service Provider space at BCJS in order to conduct the evaluation if needed. 2.01 BCJS agrees to pay Service Provider the amount of $125.00 for the first hour and $100.00 for each additional hour for each completed evaluation received. 2.02 BCJS agrees to pay Service Provider an additional $500.00 for transportation cost, if the Service Provider is required to travel to BCJS in order to conduct the evaluation Service Provider Agreement Page 1 of 8 voi. l LI-a Pg ;13 "%G 2.03 Provider shall not charge parents /guardians of the juvenile for evaluation services. 2.04 BCJS agrees to pay Service Provider $100.00 per hour for time and expenses related to court related proceedings related to the completed evaluation. 2.04 Invoices shall be on Provider's letterhead and contain an accurate mailing address and telephone number(s) where Provider can be reached during normal business hours. Such invoices shall be submitted to: Brazos County Juvenile Services Attn: Collin Coker 1904 West Highway 21 Bryan, Texas 77803 2.05 Invoice(s) submitted by Service Provider shall contain the name of the juvenile that received service. BCJS will verify the services performed by the Provider through either BCJS's purchase of service request or the referring Court of Law. BCJS will then process the invoice for payment through the Brazos County Auditor's Office. The Brazos County Auditor will verify all supporting documentation and authorize the generation of a check for the Provider. RESPONSIBILITIES OF SERVICE PROVIDER 1. SERVICES PROVIDED 1.01 Juvenile Sex Offender Evaluation and Assessment The evaluation shall focus on strengths, the risks, and deficits of the juvenile with sexual behavior problems, as well as identifying factors from social and sexual history, which may contribute to sexual deviance. Evaluations provide the basis for the development of comprehensive treatment plans and should provide recommendations regarding the intensity of intervention specific treatment protocol needed amenability to treatment, as well as the identified risk the juvenile with sexual behavior problems presents to the community. Psychological profiles cannot be used to prove or disprove an individual's propensity to act in a sexually deviant manner. 1. The assessment shall be age appropriate. 2. The assessment shall be sensitive to any cultural, language, ethnic, developmental, sexual orientation, gender, medical and /or educational issues that may arise during the evaluation. 3. The assessment shall be developmentally appropriate which includes social, cognitive, and educational levels. Service Provider Agreement Page 2 of 8 Vol I 1- P\ P a� 4. The assessment shall determine the client's level of functioning, appropriate treatment interventions, and facilitate the development of an individualized treatment plan. Assessments shall be individualized and reasonable efforts shall be made to acquire collateral information as well as the following information. A. Criminal investigation records (only when child adjudicated for the referred offense(s) and information may be redacted from the criminal investigation records to reflect the adjudicated offense(s)); B. intellectual and cognitive functioning; C. mental status psychiatric history /hospitalization; D. medical history and an exam by a medical professional to determine sexual development; E. self destructive behaviors including self - mutilation and Suicide attempts F. family origin and history /relationship history including exposure to domestic violence; G. referral history H. sex offender registration status; T. history of violence and aggression; J. history of school truancy, fire- setting, abuse of animals, and running away K. cognitive distortions; L. impulse control; M. trauma assessment (emotional, physical, sexual abuse); N. social and educational competence; 0. substance abuse; P. sexual history including sexual development, sexuality and experimentation, gender identity issues, masturbatory practices, and fantasy consent; and Service Provider Agreement Page 3 of 8 Vol. 14a Pg. ai5 Q. sexual deviant behavior- including a description of the offense behaviors, numbers of victims, gender and age of victims, frequency and duration of sexual contact, victim selection, access, grooming behaviors, use of threats, coercion or bribes to maintain victim silence, degree of force used before, during and /or after the sexual behavior, and deviant arousal patterns. R. Collateral Information. The Provider shall thoroughly review written documentation and collateral interviews. This involves gathering and reviewing information from all relevant sources concerning the juvenile and the victim, including: 1. parent or guardian 2. sibling 3. statements from the victims 4. school records 5. child protective services 6. previous or current treatment provider 7. mental health professional 8. The ,following may be provided from the supervising officer: a. Petition -to include only adjudicated offense b. Court orders c. pre- disposition reports d. psychological /psychiatric evaluation when available S. Use of Psychological Tests for purposes of assessment. Psychological tests have been described as a "critical dimension" to a comprehensive evaluation of juveniles. The primary domains required in the assessment of the juvenile are as follows: I. intellectual and neurological functioning; 2. personality (example: Jesness Inventory, MACI, Minnesota Multi- phasic Personality Inventory - MMPI for juveniles); 3. psychopathology (example: Piers Harris Children's Self Concept Scale, Hare Psychopathy Scale -Youth Version); 4. behavioral; 5. sexual deviance; and 6. co- morbidity. Service Provider Agreement Page 4 of 8 Vol. ' ° t P g .41 2. SEX OFFENDER EVALUATION AND ASSESSMENT: 2.01 Provider shall provide a typed, signed, and written sex offender evaluation and assessment to BCJS's Senior Probation Officer or other designee within five (5) business days from the date of evaluation, whether Provider is paid through CHIP or Medicaid, or any other source of Purchasing. Should BCJS be the payment source for the sex offender assessment, then Provider shall mail or hand - deliver a hard copy of the sex offender assessment to BCJS's accounting unit within three (3) business days. 2.02 Under § 231.006 of the Texas Family Code, Provider certifies that the individual or business entity named in this agreement is not ineligible to receive payment and acknowledges that this agreement may be terminated and payment may be withheld if this certificate is inaccurate. 2.03 Provider warrants that Provider is certified, approved and/or licensed by all Federal, State or local agencies or department that have jurisdiction to regulate any activity performed by Provider. Service Provider shall submit current copies of applicable licenses to BCJS within seven days of the acceptance of this Agreement and shall remain current and in good standing with all applicable licensing agencies during the term of this Agreement. 2.04 Provider shall disclose to BCJS any pending or initiated criminal or governmental investigations within the last twelve months preceding the execution of this agreement, as well as and immediately report to BCJS any applicable licenses suspensions, cancellations or terminations during the term of this agreement. MAINTENANCE AND ACCESSIBILITY OF RECORDS The Service Provider shall maintain for a minimum of seven (7) years past the last date on which service was given or until the juvenile's 21st birthday, whichever occurs later, pursuant to Texas State Records Retention Schedule Rule 4125 -05 and /or Title 22 Texas Administrative Code Part 9, Chapter 165. Service Provider agrees to make books, records and supporting documentation relevant to this Agreement available to authorized BCJS representatives, auditors, and any other person as may be authorized by the BCJS or by the State of Texas or Federal statute. The Service Provider will cooperate fully in any such audit. Failure to maintain books, records and supporting documentation shall establish a presumption in favor of the BCJS and the County for the recovery of any funds paid by BCJS, Brazos County or the State under this Agreement for which adequate books, records and supporting documentation are not available to support disbursement. Vol. Service Provider Agreement Page 5 of 8 RIGHT OF AUDIT AND MONITORING BCJS shall monitor the Service Provider's conduct under this Agreement which may include, but shall not be limited to, reviewing records of program performance in accordance with Administrative rules, license status review, fiscal and audit review, Agreement compliance and compliance with affirmative action requirements of this Agreement. BCJS may request, and Service Provider will supply, upon request, necessary information and documentation regarding transactions constituting contractual (whether a written contract is in existence or not) or other relationships, paid for with funds received hereunder. Documentation may include, but is not limited to, information regarding Service Provider's contractual agreements, identity of employees, shareholders and directors of Service Provider and any party providing services which will or may be paid for with funds received hereunder, including, but not limited to, management and consulting services rendered to Service Provider. INDEPENDENT CONTRACTOR The Service Provider is an independent contractor under this Agreement and neither the Provider nor any employee or agent of the Provider is an employee of BCJS and does not acquire any employment rights with the BCJS or the County of Brazos by virtue of this Agreement. The Service Provider will provide the agreed services and achieve the specified results free from the direction or control of the BCJS as to the means and methods of performance. The Service Provider will be required to provide his or her own equipment and supplies necessary to conduct business; provided that in the event for its convenience or otherwise the BCJS makes any such equipment and/or supplies available to the Service Provider, the Provider's use of such equipment or supplies provided by the BCJS pursuant to this Agreement shall be strictly limited to official BCJS or Brazos County business and not for any other purpose, including any personal benefit or gain. BCJS and/or Brazos County assumes no liability for actions of the Service Provider under this Agreement, including, but not limited to, the negligent acts and omissions of Service Provider's agents, employees and subcontractors in their performance of Service Provider's duties as described under this Agreement. NO ASSIGNMENT OR DELEGATION OF DUTIES The Service Provider may not assign or subcontract any portion of this Agreement nor delegate any duties hereunder without prior written approval by BJCS. In emergencies, the Service Provider will request approval in writing within at least twenty -four (24) hours of the use of a subcontractor to fulfill any obligations of this Agreement. CONFIDENTIALITY / HIPAA Service Provider shall sign a Business Associate Agreement with and for Brazos County and BCJS and comply with applicable local, State and Federal statutes, laws and Service Provider Agreement Page 6 of 8 en vol. a Pg. regulations as well as BCJS administrative rules regarding confidential records or other information obtained by the Service Provider concerning persons served under this Agreement. Provider shall ensure that all files and records generated or created pursuant to this agreement containing individually, identifiable health information in electronic, paper and /or oral form also known as protected health informant (PHI), are maintained and or disseminated in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA and the Social Security Act 42 U.S.C. 1320d -2 through 1320d -7), and that appropriate safeguards to prevent use or disclosure of such information are in place. INDEMNIFICATION Service Provider shall defend, indemnify and hold harmless Brazos County, BCJS, its officers agents and employees from all claims or causes of action of any kind for injury or damage of any kind to any person or property brought by or on behalf of any person due to or related to the negligence or intentional acts or omissions of Service Provider, its agents, employees, or subcontractors. Service Provider shall pay any and all damages assessed against Brazos County, BCJS, its officers, agents or employees, arising out of such negligence or intentional acts. Service Provider shall maintain at Provider's own expense, Professional Liability Insurance with a policy limit of not less than $300,000.00. Such policy shall be with an insurance company licensed to do business in Texas and shall be satisfactory to the County. All of said insurance policies shall name the County, its officers, employees and the Brazos County Juvenile Board as additional insured(s) and shall provide that the County shall be given at least thirty (30) days advance written notice of any lapse, amendment or cancellation. VENUE This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Brazos County, Texas. Venue for any legal proceedings shall be in Brazos County, Texas. NON - DISCRIMINATION AND EQUAL OPPORTUNITY Provider certifies that it will comply fully with the non - discrimination and equal opportunity provisions of Title VII of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990, as amended; and with all applicable requirements imposed by or pursuant to regulations that implement those laws. 2. The Provider understands that signing this Agreement does not guarantee any referrals from the Brazos County Juvenile Services Department. 1. Either of the parties hereto may terminate this Agreement by giving a thirty (30) day written notice to the other party. MISCELLANEOUS Service Provider Agreement Page 7 of 8 Pg. ;79 3. This Agreement may be modified or amended at any time during its term by mutual written consent of the parties. If any provision of this Agreement is declared invalid, its other provisions shall not be affected thereby. 5. No failure of BCJS to assert any right or remedy hereunder will act as a waiver of its right to assert such right or remedy at a later time nor constitute a "course of business" upon which Service Provider may rely. 6. Service Provider agrees to notify BCJS and obtain its permission, prior to issuing public announcements or press releases conceming any work done pursuant to or funded in whole or in part by this Agreement, and to cooperate with BCJS in joint or coordinated releases of information. 7. Service Provider shall give five (5) days prior written notice to the BCJS, of any change in the Provider's legal status, federal employer identification number (FEIN) or address. Provider agrees to hold harmless BCJS for any acts or omissions by the BCJS resulting from the failure to notify of these changes. 8. Service Provider. And Juvenile Services agree that this Agreement constitutes the entire agreement and that no promises, terms, or conditions not recited or referenced herein, including prior agreements or oral discussions, shall be binding upon either the Provider or the BCJS. 9. This Agreement may be signed in duplicate originals, the same or a copy thereof which will have the same force and effect as a duly signed original. Randy Sims :razos County Judge Chairman : razos County Juvenile Board dates set forth below. Dr. Doug Vance, Executive Director Date Signed John Morris, Licensed Professional Counselor Date Signed Licensed Sex Offender Treatment Provider Reviewed and approved as to form. Tina Louann Snelling Tina Louann Snelling— Civil Division Vol. Service Provider Agreement Page 8 of Li a Pg asa Date Signed 13 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10/11 -12.1 thru 12.3 On this the 28th day of December 2010 at a regular meeting of the Commissioners' Court, the following members were present: A. Randy Sims, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Duane Peters, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 28th day of December 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 14 September 2010, 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 December 2010. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. 1 a Pg. c:W 1 4'19 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 6,902.00 0100 11200200 51640000 DR Hourly- Temporary 6,402.00 0100 11200200 53100000 DR Social Security 490.00 0100 11200200 53800000 DR Worker's Comp 10.00 General Fund Contingency & Collections Department: To fund the creation of two temporary positions in the Collections Department to facilitate the transfer of information as osciated with 8,489 outstanding cases from Ableterm into the I -Plow system. Approved by the Commissioner's court on 12/21/2010, agenda item #2 on Notice of Addendum. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10111 -12.1 €D'e aamentAp,,p`o qat Ni ne. Vol, I4 R p ono, FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR Contingency- General Fund 20.00 0100 12000100 51610000 DR Hourly -Staff 16.00 0100 12000100 53100000 DR Social Security 1.00 0100 12000100 53200000 DR Retirement 2.00 0100 12000100 53800000 DR Worker's Comp 1.00 General Fund Contingency & Treasurer s Office: To fund the reclassifications of class code 003 posi ion 1 Chief Deputy Treasurer/Invest and class code 1007 position 2 Treasury Services approved in Commissione 's court 12/21/2010, agenda item SI2. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 -12.2 12/28/2010 Vol. 1 y a p a $.3 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 12.3 12/28/2010 FUND 0100 0100 010 DIV 11000100 11000100 11000100 ACCT 65450000 61080000 60360000 Commissioners Court: PROJ DR/CR CR CR DR ACCOUNT NAME Office Equipment Maintenance Community Relations Furniture Increase 418.00 Decrease 200.00 218.00 Reallocation of funds to allow the purchase of a chair for the newly elected Commissioner Catalena. Vol. Ia pg. age Commissioner Court Date: December 28, 2010 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) County Attorney Collections DA District Clerk PERSONNEL CHANGE OF STATUS REQUESTS Employee Request Applies To Foley, Brian Kirby, Sara Risinger, Brian White, Meagan Lauer, Terra Baker, Brian Chavez, Victoria Garon, Jeffrey Howell, Doug Martinez, Olga Parsons, Jarvis Phelps, Shane Price, Brian Smith, Danny Swearingen, Windy Langley, Michelle Younts, Frieda Vol.. 1 it a Pg. a$.S Action Requested Salary Increase New Hire Resignation New Hire New Hire Salary Increase Salary Increase New Hire Transfer w /in Dept. Salary Increase Salary Increase Resignation Salary Increase Salary Increase Salary Increase New Hire Transfer wM Dept. it-020 IT George, Brandi Resignation Treasurer Approved in Commissioners' Court: December 28, 2010: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol Kornegay, Ashley Reclassification White, Terri Reclassification VAR P• a3e 12 -28 5 - No minutes • 7 - No motion to approve Subject: 12 -28 From: Ruth McLeod <rmcleod @co.brazos.tx.us> Date: Wed, 05 Jan 2011 10:19:45 -0600 To: Bea <bgreen @co.brazos.tx.us> 11 - Change "plan" to "place" Add "This policy exempts law enforcement " e.-- A copy of the policy is attached ✓ 12 - Add - Net amount to these changes is minus $1.00 Remove "a copy of the position control is attached" ✓ Ruth McLeod Administrative Assistant Commissioners Court 979 - 361 -4103 LEXIS LAW IVBLISHING GA m< 9 Vol. 1 4 0� Pg. 0 - 2 1 of 1 1/5/2011 10:21 AM