HomeMy WebLinkAbout2011-01-18-4:00PM-REGULAR1. Invocation and Pledge of Allegiance -
Commissioner Catalena
BRAZOS COUNTY re-70-41.
BRYAN,TEXAS
NOTICE OF MEETING AND AGENDA
BRAZOS COUNTY COMMISSIONERS COURT
THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL. MEET IN
REGULAR SESSION ON JANUARY 18, 2011 AT 4:00 PM IN THE
COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION
BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803
2. Call for Citizen input and/or concerns.
Consider and take action on agenda items 3 - 30:
3 Proclamation 11-001 establishing February 22. 2011 as "Spay Day".
4 Resolution 11-003 in support of HJR 56 by Representative So lomons to provide relief from unfunded
mandates for local governments
5 Appointment of Commissioner Kenny Mallard to the City of Bryan & Brazos County Economic
Development Foundation: term of appointment Is 01/01/11 - 05/12/11. Commissioner Mallard will be
replacing former Commissioner Peters. As County Judge, Duane Peters will automatically serve the
Corporation as Secretary/Treasurer.
6 Request from the Expo Center for out -of -state travel for Meaan Kasperbauer to attend the International
Association of Business Communicators 2011 Leadership Institute In Nashville, Tennessee on
February 10- 12,2011.
7 Request from 361st District Court for out-of-state travel for Judge Steve Smith to attend the American
Bar Association Midyear meeting in Atlanta, GA on February 10 -13, 2011.
8 Authorization for the following individuals to slan documents on behalf of County Judge Duane Peters:
a. Candy Galleao
b. Ruth McLeod
g Request from the Information Technology Department to approve two new lob descriptions, Network
Technician. and Network Engineer, and thefollowina reclassifications, effective January 22.2011:
Vol.. ''43 Pg.
13
14
15
16
p. Reclassify Senior Network Administrator, Class 1213, Position 1, from Group 33. Step 6 to Group 33
Step 2.
b. Reclassify Assistant Network Administrator, Class 1219, Position 2 Group 24 Step 4 to Group 24,
Step 2
c. Reclassify Assistant Network Administrator, Class 1219, Position 1, Group 24, Step 4 to Network
Engineer, Class Code to be determined, Group 26, Step 3
d. Reclassify PC Specialist Class 1215 Position 1 Group 17 Step 2 to Network Technician Class Code
to be determined, Position 1, Group 17, Step 2
e. Reclassify PC Specialist, Class 1215, Position 2, Group 17, Step 2 to Network Technician, Class Code
to be determined. Position 2. Group 17. Step 4
f. Reclassify PC Specialist, Class 1215, Position 3. Group 17, Step 2 to Network Technician, Class Code
to be determined. Position 3. Group 17. Step 4
q. Reclassify Assistant Cabling Specialist, Class 1227, Position 1. Group 17, Step 2 to Group 17, Step 4
This Is a savings of $1,018.00 in FY 2011 and $1.472.00 annually thereafter.
10 Request from the Information Technology and Building Maintenance Departments to approve moving
the management responsibilities of the legacy telephone and voice mall systems from Bulldinc
Maintenance to information Technology, effective January 21 2011.
1 1 Request by the County Attorney to transfer a cell phone allowance from Class Code 0507 - Position 1 to
Class Code 0505 - Position 2.
12. Approval of a committee to choose a qualified firm or consultant to perform evaluation design and
other related functions required for the land development of the Tax Office, Appraisal District and other
future buildings. This land is located on 19.8479 acres on Pendleton Dr. Bryan TX
p. Duane Peters - County Judge
b. Sammy Catalena - Commissioner Pct. 2
c. Kristy Roe - Tax Collector
d. Gary Amold - Road and Bridge Dept.
e. Irene Jett - Budget Officer
f. Bill Lero - Appraisal Dist. Board
q. James Connor Smith - Appraisal Dist, Board
h. Bill Ballard - Asst. County Attorney
J. Charles Wendt - Asst. Purchasina Director (non voting memberl
j. Pat Howard - Purchasing Agent (non vntino memberl
Change order to PO # 11000180 In the amount of $2,700.00 t0 Austin Environmental Inc. for additional
asbestos found in the lobby of the Courthouse for the Phase II renovation.
Change order to P.O. # 11000226 In the amount of 56,386.10 to Patterson Architects to demolish the
interior roof structure of the Courthouse for the renovation Phase III.
Change order to add $63,861,00 to PO # 11000230 to Madison Construction to demolish the Interior roof
structure of the Courthouse for the renovation Phase III,
Approval of the attached scope of work and capital manual requisition in the amount of $528.500.00 to
Patterson Architects for the design of the Courthouse Remodel Phase IV. The original contract for
Phase I and 11 will be amended to include this work.
17 Payment Authorization for the Purchasing Department In the amount of $15,975.19 to Building
Abatement Demolition Company for time and materials for the fourth floor renovation at the
Courthouse.
18 Contract renewal with Terracon for material testing. Contract term will start upon Commissioner's
Court approval and will end December 31, 2011. All terms and conditions will remain the same as
previously agreed upon.
19 New Local Prosecuting Agreement between the Brazos County District Attorney and Texas Health and
Human Services Commission- Office of Inspector General.
20 Convey a one acre section of land back to the successors of the original arantor, William Nash and
Lelia Nash In Accordance with Local Government Code Section 263.054.
vol. l43 Pg. 41
21 Discussion and possible action on the requirements and/ or price of County trash stickers.
22 Request from Verizon Southwest to construct burled cable Installations alone the south side of Koppe
Bridge Road beginning at Its intersection with I &GN Road and extending for a distance of 130 N.;
proiect will Include a 60' road bore to service a new cell site. The site is located at 4658 Koppe Bridge
Road and is in Precinct 1. Brazos County, Texas.
23 Request from Wickson Creek Special Utility District to construct a 45 ft. road bore for waterline
Installatlon(sl In the right of wav of Elmo Weedon Road approximately 1.000 ft. from its intersection
with Dvess Road (to provide service to address number 6685). Site Is located In Precinct 2. Brazos
County, Texas.
24. Tax Refund Applications for the following:
8. River Oaks Park- overpavment-$70.99
b. Nancy Davis - overpayment -$5.94
c. Mills Financial Co- overpavment- $685.36
d. Ramona W Hibbetts- overpavment- $90.20
e. Betsyana Conlee - overpavment- $13.60
f. Vasiliki Karcas Facer-overpayment-811.63
a. Patricia B Dougherty Revocable Trust - overpayment- $10.00
25. Commissioners Court minutes for the following dates:
a. December 7. 2010 Regular Meeting
b. December 14, 2010 Regular Meeting
c. December 21, 2010 Reaular Meetlnq
d. December 21. 2010 Workshop Session
e. December 28. 2010 Reaular Meeting
26. Budget Amendments.
Budget Amendments FY 10/11 - 15.1.
27. Personnel Change of Status.
personnel Action Forms
28. Payment of Claims.
29 Convene into Executive Session pursuant to 551.087 to discuss or deliberate economic development
negotiations.
30 Consider and possible action on the Executive Session.
31. Announcement of interest items and possible future agenda topics.
32. Call for Citizen input and /or concerns.
33. Agency/ Board/ Committee reports by Court members.
34. Adjourn.
vol. 1 P 41
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 die 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) al 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 lime;
2. removal from the Commissioners Court;
3. a Contempt Citation; and /or
4. such other and /or criminal sanctions as may be authorized
under the Constitution, Statutes and Codes of the State of Texas.
The County Commissioners Court can deliberate or take action only it a matter has been listed on an agenda properly posted
prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The
Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However,
responses from the County Judge or Commissioners to unlisted public comment topics could became deliberation on a matter
without notice to the public. To ensure the public has notice of all matters the Commissioners Cour. 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�
VOI.� p
BRAZOS COUNTY
BRYAN,TEXAS
MINUTES
January 18, 2011
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, January 18, 2010 with the following members of the Court present:
Duane Peters, County Judge, Presiding;
Lloyd Wassermann, Commissioner of Precinct 1;
Sammy Catalena, Commissioner of Precinct 2;
Kenny Mallard, Commissioner of Precinct 3;
IrmaCauley, Commissioner of Precinct 4;
Karen McQueen, County Clerk, Absent.
The attached sheets contain the names of the citizens and officials that were in
attendance.
1. Invocation and Pledge of Allegiance -
Commissioner Catalena
2. Call for Citizen input and /or concerns.
There was no citizen's input.
Consider and take action on agenda items 3 - 30:
3 Proclamation 11 -001 establishing February 22, 2011 as "Spay Day ".
The County Judge read aloud the Proclamation and then presented it to Amy Glass. A
copy is attached.
Vol. P4 3 Pg. so
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
4 Resolution 11 -003 in support of HJR 56 by Representative Solomons to provide relief from unfunded
mandates for local governments.
A copy is attached.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
5 Appointment of Commissioner Kenny Mallard to the City of Bryan 8 Brazos County Economic
Development Foundation: term of appointment is 01/01/11 - 05/12/11. Commissioner Mallard will be
replacing former Commissioner Peters. As County Judae. Duane Peters will automatically serve the
Corporation as Secretary/Treasurer.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
6 Request from the Expo Center for out -of -state travel for Megan Kasperbauer to attend the International
Association of Business Communicators 2011 Leadership Institute in Nashville, Tennessee on
February 10 -12, 2011.
Ms. Kasperbauer serves as a board member in the Brazos Valley IABC Chapter and has
been asked to serve as President Elect from June 2011 through June 2012 and then
President from June 2012 through June 2013.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley , Mallard , Peters , Wasserman .
7 Request from 361st District Court for out -of -state travel for Judge Steve Smith to attend the American
Bar Association Midyear meeting in Atlanta, GA on February 10 -13, 2011.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
8 Authorization for the following individuals to sign documents on behalf of County Judge Duane
Peters:a. Candy Galleaob. Ruth McLeod
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County
Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
9 Request from the Information Technology Department to approve two new lob descriptions, Network
Technician, and Network Engineer, and the following reclassifications, effective January 22. 2011:a.
Reclassify Senior Network Administrator, Class 1213, Position 1, from Group 33, Step 6 to Group 33
Step 2.b. Reclassify Assistant Network Administrator, Class 1219, Position 2, Group 24, Step 4 to
Group 24, Step 2c. Reclassify Assistant Network Administrator, Class 1219, Position 1, Group 24, Step
4 to Network Engineer. Class Code to be determined, Group 26, Step 3d. Reclassify PC Specialist
Class 1215, Position 1, Group 17, Step 2 to Network Technician, Class Code to be determined, Position
1, Group 17, Step 2e. Reclassify PC Specialist, Class 1215, Position 2, Group 17, Step 2 to Network
Technician, Class Code to be determined, Position 2, Group 17. Step 4f. Reclassify PC Specialist, Class
1215, Position 3, Group 17, Step 2 to Network Technician, Class Code to be determined, Position 3,
Group 17, Step 4q. Reclassify Assistant Cabling Specialist, Class 1227, Position 1, Group 17, Step 2 to
Group 17, Step 4This is a savings of $1,018.00 in FY 2011 and $1,472.00 annually thereafter.
Comissioner Cauley's motion included the reclassifications and job descriptions.
Vol.
14-3 P
5j
10 Request from the Information Technology and Building Maintenance Departments to approve moving
the management responsibilities of the legacy telephone and voice mail systems from Building
Maintenance to Information Technology. effective January 21. 2011.
11
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
This is necessitated due to the retirement of Bill Bowers.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
Request by the County Attorney to transfer a cell phone allowance from Class Code 0507 - Position 1 to
Class Code 0505- Position 2.
This is being done because Assistant County Attorney Matthew Barton has now been
assigned the duties of prosecuting cases in the JP courts while Assistant County
Attorney Spencer Giles will prosecute in County Court at Law #1.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
12 Approval of a committee to choose a qualified firm or consultant to perform evaluation, design and
other related functions required for the land development of the Tax Office. Appraisal District and other
future buildings. This land is located on 19.8479 acres on Pendleton Dr., Bryan TX a. Duane Peters -
County Judgeb. Sammy Catalena - Commissioner Pct. 2c. Kristy Roe - Tax Collectord. Gary Arnold -
Road and Bridge Dept.e. Irene Jett - Budget Officerf. Bill Lero - Appraisal Dist. Boardq. James Connor
Smith - Appraisal Dist. Boardh. Bill Ballard - Asst. County Attorney i. Charles Wendt - Asst. Purchasing
Director (non voting member)i. Pat Howard - Purchasing Agent (non voting member)
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
13 Chanqe order to PO # 11000180 in the amount of $2,700.00 to Austin Environmental Inc. for additional
asbestos found In the lobby of the Courthouse for the Phase II renovation.
This increases the Purchase Order amount from $6,540.00 to $9,240.00.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard', Peters ,
Wasserman .
14 Change order to P.O. # 11000226 in the amount of $6.386.10 to Patterson Architects to demolish the
interior roof structure of the Courthouse for the renovation Phase III.
Fred Patterson, Architect gave a presentation. This increases the Purchase Order
amount from $83,193.85 to $89,257.95.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County
Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
15 Change order to add $63,861.00 to PO # 11000230 to Madison Construction to demolish the interior roof
structure of the Courthouse for the renovation Phase III.
This increases the Purchase Order amount from $3,262,972.96 to $3,326,832.96
vol. 14 Pg. 5
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by County Judge
Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
16 Approval of the attached scope of work and capital manual requisition in the amount of $528 500.00 to
Patterson Architects for the design of the Courthouse Remodel Phase IV. The original contract for
Phase I and II will be amended to include this work.
A copy of the scope of work is attached.
Motion: Approve , Moved by Commissioner Kenny Mallard, Seconded by Commissioner
Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
17 Payment Authorization for the Purchasing Department in the amount of $15,975.19 to Building
Abatement Demolition Company for time and materials for the fourth floor renovation at the
Courthouse.
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
18 Contract renewal with Terracon for material testing. Contract term will start upon Commissioners
Court approval and will end December 31, 2011. All terms and conditions will remain the same as
previously agreed upon.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Cauley , Mallard ,
Peters , Wasserman . Members voting Abstain: Catalena .
19 New Local Prosecuting Agreement between the Brazos County District Attorney and Texas Health and
Human Services Commission -Office of Inspector General.
A copy is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by County
Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
20 Convey a one acre section of land back to the successors of the original grantor. William Nash and
Leila Nash in Accordance with Local Government Code Section 263.054.
The Court authorized the County Judge to execute the Quit Claim Deed on behalf of
Brazos County.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
21 Discussion and possible action on the requirements and/ or price of County trash stickers.
Commissioner Catalena relayed information about problems with the trash facility in his
precinct such as non county residents bringing their trash to the collection station. He
also stated that an increase would cost as much as having the trash picked up at your
home. The cost of the stickers will remain the same as established on September 9,
2008. The rates are as follows:
$.60 per sticker
$450 per 1,000
vol. 14'3
Pg 6 3
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
22 Request from Verizon Southwest to construct buried cable Installations along the south side of Koppe
Bridge Road beginning at its intersection with I &GN Road and extending for a distance of 130 ft.:
project will include a 60' road bore to service a new cell site. The site is located at 4658 Koppe Bridge
Road and is in Precinct 1, Brazos County, Texas.
A copy of the request is attached.
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County
Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
28 Request from Wickson Creek Special Utility District to construct a 45 ft. road bore for waterline
installation(s) in the right of way of Elmo Weedon Road approximately 1,000 ft. from its intersection
with Dyess Road (to provide service to address number 6685). Site is located in Precinct 2, Brazos
County Texas.
A copy of the request is attached.
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena ,
Cauley , Mallard , Peters , Wasserman .
24. Tax Refund Applications for the following:
a. River Oaks Park - overpayment- $70.99 b. Nancy Davis - overpayment -$5.94 c. Mills Financial Co-
overpayment-5685.36 d. Ramona W Hibbetts- overpayment- $90.20 e. Betsvana Conlee-overpavment-
$13.60 f. Vasiliki Karaas Faaer- overpayment- $11.63 q. Patricia B Dougherty Revocable Trust-
overpayment-$10.00
Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
25. Commissioners Court minutes for the following dates:
a. December 7, 2010 Regular Meetinab. December 14, 2010 Regular Meetingc. December 21. 2010
Regular Meetinqd. December 21, 2010 Workshop Sessione. December 28, 2010 Regular Meeting
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by County
Judge Duane Peters. Passed. 5 - 0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
26. Budget Amendments.
Budget Amendments FY 10/11 - 15.1.
15.1 Reallocate Funds for Community Supervision
Motion: Approve , Moved by Commissioner Lloyd Wasserman, Seconded by
Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley ,
Mallard , Peters , Wasserman .
27. Personnel Change of Status.
Personnel Action Forms
The Court approved the change of status of employees as submitted on the attached
Personnel Action Requests.
vol. 1 43 Pg. 54
Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner
Lloyd Wasserman. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard ,
Peters , Wasserman .
28. Payment of Claims.
Claims numbers 7082448 through 7082710
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
29. Convene into Executive Session pursuant to 551.087 to discuss or deliberate economic
development negotiations.
The County Judge skipped over to item 31 prior to going into Executive Session. Then
after considering items 31 and 32 at 4:46 p.m. the County Judge announced the meeting
closed to the public so that the Court could meet in Closed Executive Session to discuss
economic development. Bob Malaise and Misty Boone with the Research Valley
Partnership, Tina Snelling, Civil Counsel, Irene Jett, Budget Officer, Ruth McLeod,
Administrative Assistant, Gayle Bond, Administrative Assistant, and Candy Gallego,
Executive Assistant were asked to stay for the session.
30. Consider and possible action on the Executive Session.
At 5:36 p.m. the County Judge announced the meeting open to the public and on motion
by the County Judge, seconded by Commissioner Catalena the Court voted unanimously
to go forward with economic developement with Penncro.
Motion: Approve , Moved by County Judge Duane Peters, Seconded by Commissioner
Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley , Mallard , Peters ,
Wasserman .
31. Announcement of interest items and possible future agenda topics.
There were no announcements.
32. Call for Citizen input and /or concerns.
Sheriff Chris Kirk
There were 592 inmates in jail, 43 have electronic monitors and 23 are pending for
monitors. The County Judge then resumed consideration of item 29, the Executive
Session.
33. Agency/ Board/ Committee reports by Court members.
There were no agency /board /committee reports by Court members.
34. Adjourn.
Vol. I L\"3 Pg 55
The foregoing minutes of the Commissioners Court meeting
held January 18, 2011 have been examined and are approved
,2011, in
in open Court this the 9 day of
Bryan, Brazos County, Texas.
Duane Peters
County Judge
AIIIIIIP
Irm= Caul -" Fr
Commissioner, Pr
Attest:
talena
sioner, Precinct 2
ct 4
Affttet 9/(e
K -ren McQueen
County Clerk
Vol 11-3 Page 5 4
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Lloyd assermann
Commissioner, Precinct 1
Kenny Mall
Commissioner, Precinct 3
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RESOLUTION
Resolution in Support of HJR 56 by Solomon
WHEREAS The rising costs of local government are driven by two main factors:
growth in demand as the population grows and growth in required services
or levels of service mandated by the state; and
WHEREAS Many in state government rightly oppose unfunded federal mandates on
the states, yet every legislative session at least a few new unfunded
mandates on local governments are passed; and
WHEREAS The time delay between the legislature mandating a certain level of
services and the setting of local budgets to provide those services, Brazos
County residents often do not know whom to hold accountable for the
budget decisions that must be made to accommodate unfunded mandates;
and
WHEREAS HJR 56 provides cities, counties, and community colleges with protection
against unfunded mandates by providing that a mandate on local
government that requires the spending of additional local funds has no
effect unless the state provides funding or reimbursement; and
WHEREAS HJR 56 is modeled on the same practice the legislature has followed for
many years in establishing new mandates on state agencies — if a proposed
mandate increases costs, a legislator must have funds included in the
appropriations act or identify a new funding source to pay for the new
mandate; and
WHEREAS HJR 56 is a budgetary reform measure that provides an incentive for the
legislature to tie funding to mandates passed on to local governments; and
WHEREAS HJR 56 will improve accountability to taxpayers and voters and represents
common sense reform that both statewide and local constituents are
demanding;
NOW THEREFORE BE IT RESOLVED by the Commissioners Court of Brazos
County, Texas that the state legislature should pass HJR 56 as filed by Representative
Solomons to provide relief from unfunded mandates for local governments.
Resolved this 18 day of January, 2011 in Bryan, Brazos County, Texas.
Comissioner Lloyd Wassermann
Precinct 1
Commissioner J my Mallard
Precinct 3
Vol.
L It 3 p g . 5 l
Resolution 11-003
Date: January 10, 2011
Proposal No.:
Project Name: Brazos County Courthouse Remodel -1" floor Lobby ceiling demolition
Location: 300 E. 26` Street, Bryan, Texas
Project Contact: Judge Duane Peters/ Ms. Pat Howard
Telephone No.: 979- 361 - 4290 /phoward @co.brazos.tx.us
Description of Services: Perform asbestos consulting services, asbestos air monitoring and asbestos
project management duties for the Brazos County Courthouse Renovation Project. Consulting
services to comply with the Texas Asbestos Health Protection Rules TAC 295. 34 and the National
Emissions Standards for Hazardous Air Pollutants (NESHAP) 40 CFR Part 61, subpart M.
PROPERTY OWNER/OPERATOR IDENTIFICATION:
Name: Commissioners Court - Brazos County
Address: 200 S. Texas Ave., Bryan, Texas 77802
Attention: Judge Randy Sims/ Ms. Pat Howard
INVOICING:
Asbestos Project Design Five hundred dollars and no /100 $500.00
(1' floor lobby)
Asbestos air monitoring /Per Day Four hundred dollars and no /100 $400.00 /8 Hr. Day
Estimate 8 hrs /day for the duration of the project depending on the Asbestos Abatement Contractors
work schedule.
Fifty dollars per hour over 8 hours $50.00
Asbestos Consulting & Project Management Sixty -five dollars per hour $65.00
(Meetings, walk -thru, pre -bids, etc.)
Asbestos Final Report
(Per Phase)
Proposal does not include Department of State Health Services (DSHS) asbestos fees.
Austin Envi ninental Inc., /Paul B. Dehlinger fee is based on the scope of work described in the proposal.
If the propo I is accept d and c to with signature below and return proposal. Proposal is valid for
a period not xceed 0 days.
Signed
Vol.
AUSTIN ENVIRONMENTAL, INC.
P.O. Box 3725
Bryan, Texas 77805 -3725
979- 778 -2699
Fax 979 - 778 -2730
pdehlinger @austinenv.com
Asbestos Consulting Services Proposal
Two hundred dollars and no /100 $200.00
t" 3
Date
Pg.
i f-11
190
PATTERSON
ARCHITECTS
701 South Texas Ave
Bryan, Texas 77803
979 775 6036
6 Janauary 2011
Judge Duane Peters, Brazos County
200 South Texas Avenue, Suite 332
Bryan, TX 77803
RE: Proposal for Architectural
and Engineering Services for Phase N
Brazos County Courthouse 4th Floor
Renovations: 2010 -1018
Dear Judge Peters:
Patterson * Architects is pleased to present this proposal for Basic Architectural
and Engineering Services for the continuation of the renovations to the Brazos
County Courthouse in Bryan.
SCOPE OF WORK
We will use the space needs identified in the 2005 needs assessment study and
meet with the current users (department heads, appointed and elected officials)
of the existing facility to design the modifications to the existing courthouse for
the Phase W improvements. The Owner to provide a current hazardous material
survey for this portion of the project and be responsible for all required
abatement.
Current project requirements include 4 new district courtrooms, concourse, court
support (common) areas, public toilets, janitors closet, IT space, replacement of
elevator "A ", modification (upgrade) to elevator 'B" for the renovation to the
fourth floor. The project will be designed for phased construction to allow the
County to negotiate a construction contract with in the funds available at the
time the project is to bid.
Patterson 77 Architects will then investigate potential design concepts to establish
the direction of the project, produce preliminary design sketches, and provide
other information as required to communicate the preliminary design to the
Owner for approval. A preliminary estimate of probable construction costs will
be prepared from the preliminary design data. This estimate will be reviewed
and approved by the Owner prior to proceeding with the final construction
documents.
Vol.
(43 P
design.
for nce fi.itii c'
Brazos County Courthouse 4th Floor Page 2
Once the preliminary design has been approved,. Patterson *Architects will
prepare the final construction drawings and specifications required for bidding .
and construction.
ARCHITECTURAL /ENGINEERING SERVICES
Basic Services - These "Basic Services" to be provided by Patterson
*Architects include the following:
A. Conceptual Design (Phase IV)
1. Review Owner- supplied data (program and budget)
2. Conceptual Building Plans
3. Preliminary selection of building systems and materials
4. Presentations
B. Preliminary Design (Phase IV)
1. Architectural design /documentation
2. Structural design /documentation
3. Civil design/ documentation (if required by scope)
4. Mechanical and electrical design /documentation
5. Material research /specifications
6. Agency consulting /review /approval
7. Statement of probable construction costs
C. Final Design (Phase IV)
1. Architectural design /documentation
2. Structural design /documentation
3. Civil design /documentation (if required by scope)
4. Mechanical and electrical design /documentation
5. Material research /specifications -
6. Agency consulting /review /approval
7. Statement of probable construction costs
8. Presentations
D. RFP Preparations and Evaluation (Phase IV)
1. Bidding materials
2. Addenda as required
3. Proposal evaluation and recommendations
E. Construction (Phase IV)
1. Construction field observation
2. Submittal Review
3. Supplemental documents
4. Quotation requests /change orders
5. Project schedule monitoring
6. Construction cost accounting
7. Project dose -out
*3 pg. _a
Vol. _____ ---
Brazos County Courthouse 4th Floor Page 3
Additional Services -
The following Additional Services may be required on this project depending on
the final scope of work. Any of these additional services would be invoiced at
our hourly rates for time spent on the project.
1. Detailed preliminary design package prepared specifically for preliminary
cost estimating by Contractor /s.
2. Additional presentation drawings, models, etc. shall be considered as
additional services and shall be provided only at the request of the
Owner.
3. Major design revisions requested by the Owner after the design is
approved and construction drawings have been begun.
4. Any Owner requested revisions to the construction documents once they
have been substantially completed.
5. Detailed coordination of Owner furnished equipment (communications,
devices, computer or telephone equipment, etc.)
ESTIMATED COST OF CONSTRUCTION
The following describes the current scope of work for Phase IV (4th Floor) and
the estimated cost of the construction for areas in which we have the
responsibility of specifying materials. Please refer to the attached construction
cost estimate for more detailed breakdown and scope for each proposed phase of
the project. Actual scope of work for specific construction phases will be
determined by the building committee prior to the beginning of Preliminary
Design
Phase IV A (West side District courts) $2,789,000.00
Phase IV B (East side District courts) $1,796,000.00
Design Contingency - 300,000,00
Total Estimated Construction Cost $4,885,000.00
If the new mechanical room on the roof (enclose the recreation area) is to be
considered as part of the project, add $400,000.00 to Phase IV A above when
considering the budget.
ARCHITECTURAL /ENGINEERING FEES
Basic Services
For Architectural /Engineering Services as described above, compensation shall
be based on ten percent (10 %) of the construction cost to renovate the existing
facility. If the new mechanical room on the roof (enclose the recreation area) is to
be considered as part of the project, the fees below will need to be adjusted.
Using the estimated construction cost above, when broken down in phases, this
fee would be invoiced as follows:
Vo l. 1 P (93
Brazos County Courthouse 4th Floor
A/E Service
Conceptual Design
Preliminary Design
Final Design
RFP Preparations & Evaluation
Construction
Proposed A/E Fee
% of Contract
15%
20%
40%
5 %v
20%
100%
Page 4
Amount
$73,275.00
97,700.00
195,400.00
24,425.00
97,700.00
5488,500.00
Reimbursable Expenses -
In addition to the fees stated above, Patterson * Architects will be reimbursed
for the following costs:
•
• Agency review /Application fees (MLR, Site Development, Plan Review)
Additional engineering reports requested by the City or other governmental
agency after the project has begun
•
Cost of maps, reports, photographs and surveys, and other documentation
necessary to the conduct of the work and not otherwise required to be
furnished by the Owner
•
long distance telephone calls, postage, handling and other similar items
• travel related expenses including mileage
• reproduction of drawings, specifications and other documents requested by
the Owner
All items will be invoiced at one and one tenth (1.10) times the amount expended
by the Architect's employees and consultants in the interest of the project.
The estimate for anticipated reimbursable expenses for this phase of the
project should not exceed $6,000.00
CONDITIONS OF THE AGREEMENT
As discussed in the kick off meeting, our current agreement with Brazos County
will be amended to include the above scope of work and a purchase order will be
required in order for Patterson o Architects to proceed with the work for Phase
IV of the Courthouse Renovations (4th Floor).
We sincerely appreciate the opportunity to submit this proposal and Iook
forward to working with you on the next Phase of the Courthouse Renovations.
Respectfully subm
Fred A. Patterson, Jr. AIA
Vice - President
vot. 1 93 P 1sz
Patterson . Architects
• 701 S. Texas Ave.
Bryan, Texas 77803
RE: Preliminary Cost Estimate
Brazos County Courthouse, Phase IV A
4th Floor Renovations: 2010 -1018
CONSTRUCTION COST ESTIMATE
The following estimate of probable construction cost has been developed from general
project information (Owner- submitted requirements and User Representative
requests), available cost data and is based on our preliminary concept of the project.
Area of Work
New Monumental Stair
IT /Computer room
West Side District Courts (2)
Court Support Areas
Concourse
Public Toilets
Replace Elevator "A"
Renovations to Elevator "B"
Sub-Total
Insurance and Bonds
General Conditions
Overhead & Profit
(Estimated Construction Costs
Additional Requested Items
New mechanical room on the roof
(enclose recreation area)
1/6/11
vol. 1'43 pg. 12
Area (SF) Cost/SF Sub -Total
360 $500 $180,000
360 $80 $28,800
9560 $125 $1,195,000
1550 $80 $124,000
2350 $85 $199,750
650 $200 $130,000
L.S. $162,500
L.S. $125,000
$2,145,050
5% $107,253
10% $214,505
15% $321,758
$2,788,5661
Area (SF) Cost/SF Sub -Total
8000 $50 $400,000
Patterson It Architects
701 S. Texas Ave.
Bryan, Texas 77803
RE: Preliminary Cost Estimate
Brazos County Courthouse, Phase IV B
4th Floor Renovations: 2010 -1018
CONSTRUCTION COST ESTIMATE
The following estimate of probable construction cost has been developed from general
project information (Owner - submitted requirements and User Representative
requests), available cost data and is based on our preliminary concept of the project.
JArea of Work
Southeast District Court
Northeast District Court
'Sub -Total
Insurance and Bonds
General Conditions
Overhead & Profit
Estimated Construction Costs
Area (SF) Cost/SF Sub -Total
vol. L''3 Pg.
4590 $160 $734,400
5180 $125 $647,500
$1,381,900
5% $69,095
10% $138,190
15% $207,285
$1,796,470
Patterson a Architects
701 S. Texas Ave.
Bryan, Texas 77803
RE: Preliminary Construction Requirements
Brazos County Courthouse, Phase IV
4th Floor Renovations: 2010 - 1018
PROPOSED PROJECT REOUIREMENTS Revised1 /6/11
The following construction requirements have been discussed for inclusion of Phase IV
of the Brazos County Courthouse Renovations.
Current project requirements include 4 new district courtrooms, concourse, court
support (common) areas, public toilets, janitors closet, IT space, replacement of elevator
"A ", modification (upgrade) to elevator "B" for the renovation to the fourth floor.
In addition to the courtroom spaces, new secure holding on east side of the courthouse
on the 2nd and 4th floors and at the 3rd floor on the west side will be provided under a
separate design and construction contract.
Other item for consideration is the construction of a mechanical room (enclosure) on the
concrete recreation area (7,500 SF) on the roof. The mechanical room would house the
new fourth floor air handler equipment in lieu of installing conventional roof top units.
Base bid will leave the roof membrane over the existing concrete slab if the enclosure is
not constructed.
Alternate phasing proposal
For budget purposes, the project could be divided in to 2 phases, which would provide
2 new courtrooms in each phase.
Phase IV A would require almost everything on the fourth floor be constructed
including 2 district courts on the west side on the building, concourse, public toilets,
replacement of elevator "A ", modification (upgrade) to elevator "B" and the extension
of the monumental public stair.
Phase IV B could be completed at a later date and would include the 2 district courts on
the east side on the building.
Vol.
L 43 Pg. 13
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew Contract —
Construction Materials Testing, in accordance with all terms and
conditions previously agreed to and accepted.
I understand this agreement will be in effect upon approval by
Commissioner's Court through December 31, 2011.
TERRACON
0
Authorized Signature
BRAZOS COUNTY
vol. 1 4 3 Pg. tog
r) i0
Date
Duane Peters, County Judge Date
/ 1
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the unde
m iggne / d � authority, on I_I O /1 personally appeared
� Ceti-Alin lin QJ , who being duly sworn, deposes and says:
1. That he /she has a substantial interest in a business entity or real property. Official action taken by the
Commissioners Court of Brazos County, Texas concerning Agenda Item No. 1,, , 1 p ,1 of the Court
Agenda dated / A��! described as &M raruk.f wlT4
] P.rr'mon 6r mtiezial -Min, would have a special economic effect on that
Filed:
2.
O
O
AFFIDAVIT
TEXAS LOCAL GOVERNMENT CODE, CHAPTER 171
§
business entity or a special economic effect on the value of the real property, that is distinguishable from the effect
on the public.
That the substantial interest is (check the following as is appropriate):
a. Ownership of 10 percent or more of the voting stock or shares of the business entity or either
10 percent or more or $15,000 or more of the fair market value of the business entity; or
b. Funds received by me from the business entity exceed 10 percent of my gross income for the
previous year; or
(r c. An equitable or legal ownership in real property with a fair market value of$2,500 or more; or
() d. A person related in the first degree by either affinity or consanguinity to me has a substantial
interest as defined above; or
() e. other
3. That I will abstain from participation in the ma
Si ��
SWORN TO AND SUBSCRIBED BEFORE ME this the /44dy o
otary Public in and
he State of Texas
,Y� BEATRIZD. GREEN
P
o ...'!4o a
Notary Punic, State 04 Toxas Z
r' MY ConnieabiExprex
JUNE11,2014
. J , County Clerk
vot.
1 9
1 93 Pg
Form Number. CPPO430"
Vendor Information Form
Instructions: This form must be completed and submitted to ASD with each New Contract, and when the vendor's information has
changed. As applicable, this form may be requested for contract amendments, renewals and/or extensions. (Please type or print
Information.)
Part 1: f Vendor /Contractor General Information , -
1. Organization's Legal Name: Brazos County District Attomev
2. Legal Doing Business As (DBA) Name. 8r0.2-O5 COUr*Y D 41Yta Driney
3. Physical Address: 300 • z&W S 4reei Cut 310 bryap ' - Ty - 1803
4. Remit To (Payment) Address: WO S, TtXQS Ave., SA *e 240 BY yap' ) x -7-7w3
5. Texas Identification Number IIU l War Federal Employer Identification Number (FEIN) or
Social Security Number (SSN): 7'f '& 4 zt if 3 3
6. Legal Status (check one): ❑ For - profit Entity ❑ Non - profit Entity
7. Business Structure (check one):
❑ Corporation ❑ Limited (Liability) Company
❑ Joint Venture ❑ Limited (Liability) Partnership
❑ Partnership* ❑ Sole Proprietorship
❑ Other (must specify):
* If Partnership, must provide SSN or TIN for minimum of two partners
Partner Name_ TIN # or SSN
Partner Name_ TIN # or SSN
8. State of Incorporation, If Applicable:
9. Texas Charter Number, If applicable:
10. Name of Parent Entity, If Applicable:
Governmental Entity
Part 2:'.Vendor /Contractor Contact information
1. Person Who Will Sign the Contract:
Name: William R. "Bill" Tumer
Title: District Attorney
Mailing Address: 3 mv h � in - i 1 -7 1s3 1D
Telephone: trig 3 te I - 43 3b aU
Fax: q1 ci 30 &8
E - mail: h4nrnef (go Co .b Ira tos. (,t5
2. Primary Contact for Contract Information:
Name: William R. 'Bill" Turner
Title: District Attomev
Mailing Address: 3D0 t..72? k` 3f- S4e . 310
e an ,Tyy 77803
Telephone: t14- 34 It33
Fax: ( lief -3Gt -t( 1vg
E -mail: 1 is - Inet' GO. b►v' s
Part 3: Vendor/Contractor Authori ed Signature (or authorized HHSC agent)-
Signature .4-/ 1r/ : L. 1L - Date ,4-_ :.3:. %0 )1
X3.11 rat „n�� 1
Print Name Phone t 3 e) 43 -zz
Pa i
4:iHHSC Agency UseOnly li
Mail'.Code:
1. Historically Underutilized Business (HUB) Status (check one): HUB web site:. •
htto bwww.wlndow.state.tx us /orocurement/cmbl /crnblhub html ' TX HUB Certified
2. Contractor to Receive Payment. ❑ Yes ❑ No
Legacy. Contract Number; HHSC Contract No.
Effective Date: 06/15/2006 Vol.
143 pg. 70
Revision Date: June15. 2009
GENERAL CONDITIONS:
1. Parties. The Texas Health and Human Services Commission - Office of Inspector General ( "HHSC - 010"),
and Brazos County District Attomev ( "the Local Prosecuting Authority ") do hereby make and enter into this
agreement ( "Agreement "). This Agreement constitutes the entire agreement between the parties. The parties
agree that, for the purposes of this Agreement, all references to "Health and Human Services Commission" or
"HHSC" mean the administrative agency within the executive department of Texas state government
established under Chapter 531, Texas Government Code or its designee. All references to "Health and Human
Services Commission — Office of Inspector General," "HHSC -OIG," or "010" mean the Office within HHSC as
established in section 531.008(c) and described in 531.101, et seq, Texas Government Code.
2. Authority to enter Agreement. This Agreement is entered into as authorized under Texas Government Code §
531.039 and Texas Government Code § 41.004. HHSC -OIG is acting pursuant to a duly authorized delegation
of contracting authority.
3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State
of Texas. Unless otherwise mutually agreed in writing, venue will be in state District Court, Travis County,
Texas.
4. Term. The term of this Agreement becomes effective upon signatures of both parties, and continues until and
unless revoked by the parties.
5. Purpose. The purpose of the Local Prosecuting Authority Agreement is to establish the terms and conditions for
the purpose of assisting to defray the costs of prosecutions, as authorized by Texas Government Code section
41.004(b) in the course of the referral of cases from HHSC -OfG to the Local Prosecuting Authority,
CONTRACTED COMPONENTS OF SERVICES:
6. HHSC -OIG Responsibilities.
A) OIG will investigate allegations of fraud, waste and abuse in the following programs: Temporary Assistance
to Needy Families (TANF), Food Stamps (FS), Supplemental Nutrition Assistance Program (SNAP),
Medicaid, Women, Infants and Children (WIC), and Children's Health Insurance Program (CHIP).
B) If 010 discovers criminal conduct may have been committed, OIG will complete and submit written reports
and relevant evidence to the Local Prosecuting Authority to facilitate its prosecutorial decision.
C) OIG will provide the necessary records and staff as resources to the Local Prosecuting Authority at such
time cases are prosecuted.
D) As provided for in 1 TAC 357.661, HHSC will pay the County in which the Local Prosecuting Authority has
jurisdiction, the following amounts in accordance with this Agreement:
1). $280 for each case in which a Defendant is sentenced following an uncontested plea in a
court of appropriate jurisdiction.
1 of7 '
vol. � 3 Pg.
Health & Human Services Commission
Office of Inspector General
Agreement with Local Prosecuting Authority
Name:
Brazos Count
District Attorne
Contract Number:
529 -11 -0064-
County:
Brazos
GENERAL CONDITIONS:
1. Parties. The Texas Health and Human Services Commission - Office of Inspector General ( "HHSC - 010"),
and Brazos County District Attomev ( "the Local Prosecuting Authority ") do hereby make and enter into this
agreement ( "Agreement "). This Agreement constitutes the entire agreement between the parties. The parties
agree that, for the purposes of this Agreement, all references to "Health and Human Services Commission" or
"HHSC" mean the administrative agency within the executive department of Texas state government
established under Chapter 531, Texas Government Code or its designee. All references to "Health and Human
Services Commission — Office of Inspector General," "HHSC -OIG," or "010" mean the Office within HHSC as
established in section 531.008(c) and described in 531.101, et seq, Texas Government Code.
2. Authority to enter Agreement. This Agreement is entered into as authorized under Texas Government Code §
531.039 and Texas Government Code § 41.004. HHSC -OIG is acting pursuant to a duly authorized delegation
of contracting authority.
3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State
of Texas. Unless otherwise mutually agreed in writing, venue will be in state District Court, Travis County,
Texas.
4. Term. The term of this Agreement becomes effective upon signatures of both parties, and continues until and
unless revoked by the parties.
5. Purpose. The purpose of the Local Prosecuting Authority Agreement is to establish the terms and conditions for
the purpose of assisting to defray the costs of prosecutions, as authorized by Texas Government Code section
41.004(b) in the course of the referral of cases from HHSC -OfG to the Local Prosecuting Authority,
CONTRACTED COMPONENTS OF SERVICES:
6. HHSC -OIG Responsibilities.
A) OIG will investigate allegations of fraud, waste and abuse in the following programs: Temporary Assistance
to Needy Families (TANF), Food Stamps (FS), Supplemental Nutrition Assistance Program (SNAP),
Medicaid, Women, Infants and Children (WIC), and Children's Health Insurance Program (CHIP).
B) If 010 discovers criminal conduct may have been committed, OIG will complete and submit written reports
and relevant evidence to the Local Prosecuting Authority to facilitate its prosecutorial decision.
C) OIG will provide the necessary records and staff as resources to the Local Prosecuting Authority at such
time cases are prosecuted.
D) As provided for in 1 TAC 357.661, HHSC will pay the County in which the Local Prosecuting Authority has
jurisdiction, the following amounts in accordance with this Agreement:
1). $280 for each case in which a Defendant is sentenced following an uncontested plea in a
court of appropriate jurisdiction.
1 of7 '
vol. � 3 Pg.
2) $678 for each case in which a verdict is rendered in favor or against a Defendant in a
contested trial before a court of competent jurisdiction.
E) After conviction, 016 will notify the Local Prosecuting Authority if and when court- ordered restitution
payments are sixty (60) days past due or are not being paid.
7. LOCAL PROSECUTING AUTHORITY Responsibilities.
F) The Local Prosecuting Authority will review and evaluate cases referred by OIG for appropriate judicial
action.
G) The Local Prosecuting Authority will prepare complaints, informations and /or indictments in cases it accepts
for prosecution.
H) If community supervision is to be granted in a case, the Local Prosecuting Authority shall (to the extent it
finds them to be appropriate in its sole legal and policy judgment) recommend the following actions be taken
in additions to any other conditions of community supervision:
I) The Local Prosecuting Authority will make available at reasonable times and for reasonable periods, books
records and supporting documents kept current by the Local Prosecuting Authority pertaining to this
Agreement, for purposes of inspecting, monitoring, auditing, or evaluating by HHSC -OIG, its representatives,.
the U.S. Department of Agriculture, or the U.S. Department of Health and Human Services.
J) The Local Prosecuting Authority will be responsible for any audit exception or other payment deficiency for
which the Local Prosecuting Authority is legally responsible under this Agreement, which is determined to
exist after monitoring or auditing by HHSC or the U.S. Department of Agriculture.
8, Performance Measures. The Parties will use their best efforts to perform the responsibilities of this Agreement
and the Parties agree:
A) Referrals of cases from OIG to the Local Prosecuting Authority will be made as soon as practical after any
investigation is completed.
B) The Local Prosecuting Authority shall utilize its own independent legal judgment in the manner which it
conducts any criminal proceedings involving Defendants.
FINANCIAL REQUIREMENTS:
1) The individual be disqualified from participation in the TANF, Food Stamp, SNAP, WIC and/or
CHIP program as provided in Section 6(b) of the Federal Food Stamp Act of 1977.
2) The individual be ordered to make restitution to the Texas Health and Human Services
Commission, Office of the Inspector General for the amount of benefits unlawfully obtained.
3) To take appropriate action against individuals who fail to comply with court ordered restitution
upon notification from the Department.
9. Conditions of Payment. All payments shall be made to the Local Prosecuting Authority after deducting any
known previous overpayment made by HHSC -OIG. HHSC -OIG is not obligated to pay for unauthorized services
or to pay more than is consistent with federal and state regulations.
A) The rates listed in paragraph 6(D) above are set by the Code of Federal Regulations and shall be in effect
until amended or modified by Congress, in which event HHSC will notify the County and the Local
prosecuting Authority of such rates and the County and the Local Prosecuting Authority shall have thirty
days to agree to the new rates or to terminate this Agreement.
B) Local Prosecuting Authority represents that it has sufficient resources to enable the Local Prosecuting
Authority to carry out the terms of this' Agreement.
VOI. 1 L L- 3 2 Fri. ' �
C) The Local Prosecuting Authority shall recover only once for the services delivered under this Agreement.
The Local Prosecuting Authority shall not bill for or retain any additional compensation for such services
from HHSC or any other entity.
D) HHSC -OIG shall pay the Local Prosecuting Authority the service unit rate as indicated• herein.
10. Billing Process.
A) The Local Prosecuting Authority shall submit a Health and Human Services Commission State of Texas
Purchase Voucher for payment. The Local Prosecuting Authority shall contact the local HHSC -OIG Case
Investigator for instructions on how to prepare and where to mail the voucher.
B) HHSC -OIG reserves the right to review any /all services for compliance with performance measures and
adherence to agreed billing rates. DIG staff will make a determination on the sufficiency of the services.
Upon final approval, OIG will authorize payment and process all necessary warrant requests.
11. Accounting Records. The Local Prosecuting Authority shall adhere to Generally Accepted Accounting
Principles promulgated by the Financial Accounting Standards Advisory Board and follow Department fiscal
management policies and procedures in maintaining financial records. ( http: / /www.fasab.gov /accepted.html).
12. Notifications.
The Local Prosecuting Authority shall:
A) Maintain at all times at least one active electronic mail (email) address for the receipt of agreement - related
communications from HHSC -OIG. It is the Local Prosecuting Authority's responsibility to monitor this email
address for Agreement- related information.
B) Maintain his /her current license in good standing with the State of Texas and maintain all necessary license
requirements.
C) Notify HHSC -OIG within ten (10) days of receiving notice of any change in the status of a professional
license or board certification, and /or of a complaint that has been filed against his /her license, and /or that an
investigation of his /her license or board certification has been initiated.
D) Notify the HHSC Civil Rights Office of any civil rights complaints received relating to its performance under
this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a
complaint. Notice provided pursuant to this section must be directed to:
HHSC Civil Rights Office
701 W. 51 51 Street, Mail Code W206
Austin, Texas 78751
Phone Toll Free: (888) 388 -6332
Phone: (512) 438 -4313
TTY Toll Free: (877) 432 -7232
Fax: (512) 438 -5885
13. Agreement Contingencies.
A) The undersigned Parties certify that: the services specified above are necessary and essential for activities
that are properly within the statutory functions and programs of the HHSC -OIG; the proposed arrangements
serve the interest of efficient and economical administration of state government; the services contracted for
are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract
awarded to the lowest responsible bidder; and the selection and award of this contract was made on the
basis of demonstrated competence and qualifications to perform the services for a fair and reasonable price.
3 of 7 7 3
Pg.
B) Limits on Compensation. This Agreement is expressly conditioned on the availability of appropriated
funds. All compensation hereunder is contingent upon that availability.
C) This Agreement is at all times contingent upon the availability and receipt of the Texas Legislature to
appropriate funds; Enactment of superseding law or adoption of a superseding rule or policy; and, if funds
for this Agreement become unavailable during any budget period, this Agreement may be immediately
terminated or reduced by the Department, in its sole determination. The Department shall notify the Local
Prosecuting Authority when it knows that funds for this Agreement will be reduced or eliminated. The Local
Prosecuting Authority may terminate the Agreement based upon such notification. tf the Local Prosecuting
Authority terminates this Agreement based on the Department's notice to reduce or eliminate funding, the
Local Prosecuting Authority must notify the Department in writing of its intent to terminate the Agreement
within fifteen (15) calendar days of receipt of the Department's notification. The notice must contain the
actual date of termination and the Local Prosecuting Authority's date of termination must not be less than ten
(10) calendar days from the Department's receipt of such notice and it must not exceed ninety (90) calendar
days from the date the Department receives such notice.
D) The Local Prosecuting Authority agrees to comply with state and federal anti - discrimination laws, including
without limitation:
(1)
(
(3)
(4)
(5)
(6)
(
(8)
14. Agreement Changes, Amendments and Renewals.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Age Discrimination Act of 1975 (42 U.S.C. § §6101- 6107);
Title IX of the Education Amendments of 1972 (20 U.S.C. § §1681- 1688);
Food Stamp Act of 1977 (7 U.S.C. §200 et seq.); and
The HHS agency's administrative rules, as set forth in the Texas Administrative
Code, to the extent applicable to this Agreement; and
Discovery of a disqualifying debt (state franchise tax, child support, or debt to HHSC
or the State of Texas).
A) Changes and Amendments. No change, modification, or amendment to the agreement will be effective
until approved in writing by the Parties. This agreement together with any approved amendment(s) to this
agreement shall be the controlling instrument in case of any dispute retating to the wording of any portion of
the agreement or amendment. In the event of any conflict or contradiction between or among the
agreement terms and attachments, the documents shall control in the following order of precedence: (1) The
final executed Agreement and all amendments thereto; and (2) The Agreement Exhibits or Attachments, and
all amendments thereto.
8) Unilateral Amendments.
I. HHSC-01G reserves the right to make unilateral amendments to this agreement when necessary to:
a. Incorporate new or revised Federal, State, or Department laws, regulations, rules, or policies;
b. Update service level descriptions or unit rates; or
c. Comply with a court order or judgment.
d. The unilateral amendment will be effective upon the Local Prosecuting Authority's receipt of a copy
of the amendment signed by HHSC -01G.
15. Provisions for Termination of Agreement and Dispute Resolution.
A) If the Local Prosecuting Authority fails to provide services according to the terms and conditions of this
agreement, HHSC -OIG may, upon written notice of default to the Local Prosecuting Authority, terminate all
or any part of the agreement. Termination is cumulative of any other rights and remedies provided by law,
agency regulations, or under this agreement excluding pending claims for work performed prior to the
termination date.
Vol. ____ 143
B) This agreement may be terminated at any time by mutual written consent. In addition, any party may
terminate this agreement by giving thirty (30) calendar days written notice to the other parties. This
agreement will be terminated at the end of the thirty (30) calendar day notice period. Nothing in this
subsection shall be construed to prohibit immediate termination of the agreement pursuant to subsection A
of this section, above. -
C) At the end of the agreement term or other agreement termination, the Local Prosecuting Authority shall in
good faith and in reasonable cooperation with the Department, aid in the transition to any new arrangement
or provider of services, including the orderly transition of case files /reviews and all other documentation
prepared by the Local Prosecuting Authority. The respective accrued interests or obligations incurred to
date of termination must be settled equitably.
D) Dispute Resolution.
i. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be
used by HHSC -OIG and the parties to attempt to resolve any claim for breach of agreement.
ii. A Local Prosecuting Authority's claim for breach of this agreement that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process provided in Texas
Government Code §§ 2260.051- 2260.056. To initiate the process, the Local Prosecuting Authority shall
submit timely written notice to the agreement liaison described in Paragraph 9, supra, with a copy to the
HHSC Executive Commissioner or his designee. Said notice shall specifically state that the provisions
of Chapter 2260, subchapter 6, Government Code, are being invoked. A copy of the notice shall also
be given to all other representatives of HHSC-01G and the Local Prosecuting Authority otherwise
entitled to notice under this agreement.
Compliance by the Local Prosecuting Authority with subchapter B is a jurisdictional condition precedent
to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government
Code. The contested case process provided in Chapter 2260, subchapter C, of the Government Code
is the Local Prosecuting Authority's sole and exclusive process for seeking a remedy for any and all
alleged breaches of agreement by HHSC -01G if the parties are unable to resolve their disputes through
negotiation or mediation.
iv. Compliance with the contested case process provided in subchapter C is a condition precedent to
seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies
Code. Neither the execution of this agreement by HHSC-01G nor any other conduct of any
representative of HHSC or HHSC-016 relating to the agreement shall be considered a waiver of
sovereign immunity to suit.
v. The submission, processing and resolution of the Local Prosecuting Authority's claim is governed by the
administrative rules adopted by HHSC pursuant to Chapter 2260, Government Code, as currently
effective, hereafter enacted or subsequently amended. The parties shall use the specific procedures
set forth in 1 Texas Administrative Code Chapters 391 and 394.
vi. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension
of performance by the Local Prosecuting Authority, in whole or in part.
E) In the event of any litigation, appeal, or other legal action to enforce any provision of the Agreement, Local
Prosecuting Authority agrees to pay all expenses of such action, including attorneys' fees and costs if
HHSC -OIG is the prevailing Party.
16. Use of Information. The Local Prosecuting Authority, in developing and disseminating information under this
agreement, shall:
A) Retain all rights to copyright, use, reproduce, and distribute any material written or produced solely by the
Local Prosecuting Authority, subject to the following confidentiality and indemnity provisions. When the
Local Prosecuting Authority develops materials using funds from this agreement, it must grant the state and
federal government a royalty -free, non - exclusive, and irrevocable license or right to reproduce, translate,
publish, use, disseminate, and dispose of such materials and to authorize others to do so for governmental
purposes.
B) Defend any claim, suit, or proceeding against the State of Texas, HHSC, or HHSC-01G arising out of
5of7 5
Vol. 1 __ _ 3 ---- Pg• 7
improper disclosure of any confidential, privileged, or protected information or arising out of allegations of
other misconduct by Local Prosecuting Authority, its agents, employees, or representatives, and indemnify
the state or agency for any liability arising of such proceedings.
C) The Local Prosecuting Authority shall use reasonable precautions so that access to information relating to its
services for HHSC -OIG is limited to those persons within its employ for whom it is necessary and
appropriate for purposes of performing the services required under this Agreement.
D) All work papers, investigative notes, test results, records, reports, findings, policies and procedures,
recommendations, data, memoranda or other documents prepared or reviewed by Local Prosecuting
Authority pursuant to this Agreement, regardless of their nature and source, are property of HHSC -OIG, and
shall be held by Local Prosecuting Authority solely for its convenience and subject to HHSC - OIG's
unqualified right to possession, custody and control.
E) Unless the Local Prosecuting Authority receives express written permission from HHSC -OIG or is compelled
to disclose by administrative or judicial process, neither the Local Prosecuting Authority nor any agent or
other person within its employ shall disclose: (i) the nature of content of any communications, information,
documents, studies, data, or reports in any way relating to the services performed hereunder, (ii) the terms
of this Agreement, or (iii) the contents of any reports performed hereunder. The Local Prosecuting Authority
understands and agrees that all information and materials compiled by HHSC -OIG in connection with an
audit or investigation are confidential by statute and not subject to disclosure under the Public Information
Act, discovery request, subpoena, or other means of legal compulsion. A person who receives such
information may disclose the information only in accordance with Texas Government Code § 531.1021(g).
F) The Local Prosecuting Authority shall immediately notify OIG of the occurrence of any of the following
events: (i) a request by any person to examine, inspect or copy any work papers, test results, records,
findings, recommendations, data, memoranda or other documents prepared by the Local Prosecuting
Authority or submitted to it relating in any way to its role as Local Prosecuting Authority under this
Agreement; and, (ii) the exhibition or surrender of any such documents in a manner not expressly authorized
by OIG.
17. Cooperation with HHSC and state administrative agencies. The Local Prosecuting Authority agrees to
reasonably cooperate with and work with the State's contractors, subcontractors and third -party representatives
as requested by HHSC or 01G. To the extent permitted by OIG's financial and personnel resources, OIG agrees
to reasonably cooperate with Local Prosecuting Authority.
Vol.
ofi7 ��
Pg
Texas Department of Health and Human Local Prosecuting Authority;
Services Commission:
Signature
Printed Name:
Inspector General
Printed Title:
Date: Date:
Signature
William R. "Bill" Turner
Printed Name:
District Attorney
Printed Title
01- 03- 2o!(
/ -/9 -7/
County Judge
u -1-O5 County, Texas
Vol.
7 'of 7Pg. _ 1
Health & Human Services Commission
Office of Inspector General
Agreement with Local Prosecuting Authority
Name:
Brazos County District Attorney
. Contract Number:
529-11 -0064-
County:
Brazos
GENERAL CONDITIONS:
1. Parties. The Texas Health and Human Services Commission - Office of Inspector General ( "HHSC- OIG "),
and Brazos County District Attorney ( "the Local Prosecuting Authority") do hereby make and enter into this
agreement ( "Agreement "). This Agreement constitutes the entire agreement between the parties. The parties
agree that, for the purposes of this Agreement, all references to "Health and Human Services Commission" or
"HHSC" mean the administrative agency within the executive department of Texas state government
established under Chapter 531, Texas Government Code or its designee. Ail references to "Health and Human
Services Commission — Office of Inspector General," "HHSC -OIG," or "010" mean the Office within HHSC as
established in section 531.008(c) and described in 531.101, et seq, Texas Government Code.
2. Authority to enter Agreement. This Agreement is entered into as authorized under Texas Government Code §
531.039 and Texas Government Code § 41.004. HHSC -OIG is acting pursuant to a duly authorized delegation
of contracting authority.
3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State
of Texas. Unless otherwise mutually agreed in writing, venue will be in state District Court, Travis County,
Texas.
4. Term. The term of this Agreement becomes effective upon signatures of both parties, and continues until and
unless revoked by the parties.
5. Purpose. The purpose of the Local Prosecuting Authority Agreement is to establish the terms and conditions for
the purpose of assisting to defray the costs of prosecutions, as authorized by Texas Government Code section
41.004(b) in the course of the referral of cases from HHSC -OIG to the Local Prosecuting Authority.
CONTRACTED COMPONENTS OF SERVICES:
6. HHSC -OIG Responsibilities.
A) OIG will investigate allegations of fraud, waste and abuse in the following programs: Temporary Assistance
to Needy Families (TANF), Food Stamps (FS), Supplemental Nutrition Assistance Program (SNAP),
Medicaid, Women, Infants and Children (WIC), and Children's Health Insurance Program (CHIP).
B) If 010 discovers criminal conduct may have been committed, 010 will complete and submit written reports
and relevant evidence to the Local Prosecuting Authority to facilitate its prosecutorial decision.
C) OIG will provide the necessary records and staff as resources to the Local Prosecuting Authority at such
time cases are prosecuted.
D) As provided for in 1 TAC 357.661, HHSC will pay the County in which the Local Prosecuting Authority has
jurisdiction, the following amounts in accordance with this Agreement:
1) $280 for each case in which a Defendant is sentenced following an uncontested plea in a
court of appropriate Jurisdiction.
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Vol. � .® - -- Pg'
2) $678 for each case in which a verdict is rendered in favor or against a Defendant in a
contested trial before a court of competent jurisdiction.
E) After conviction, OIG will notify the Local Prosecuting Authority if and when court-ordered restitution
payments are sixty (60) days past due or are not being paid.
7. LOCAL PROSECUTING AUTHORITY Responsibilities.
F) The Local Prosecuting Authority will review and evaluate cases referred by OIG for appropriate judicial
action.
G) The Local Prosecuting Authority will prepare complaints, informations and /or indictments in cases it accepts
for prosecution.
H) If community supervision is to be granted in a case, the Local Prosecuting Authority shall (to the extent it
finds them to be appropriate in its sole legal and policy judgment) recommend the following-actions-be taken
in additions to any other conditions of community supervision:
FINANCIAL REQUIREMENTS:
1) The individual be disqualified from participation in the TANF, Food Stamp, SNAP, WiC and/or
CHIP program as provided in Section 6(b) of the Federal Food Stamp Act of 1977.
2) The individual be ordered to make restitution to the Texas Health and Human Services
Commission, Office of the Inspector General for the amount of benefits unlawfully obtained.
3) To take appropriate action against individuals who fail to comply with court ordered restitution
upon notification from the Department.
1) The Local Prosecuting Authority will make available at reasonable times and for reasonable periods, books
records and supporting documents kept current by the Local Prosecuting Authority pertaining to this
Agreement, for purposes of inspecting, monitoring, auditing, or evaluating by HHSC -OIG, its representatives,
the U.S. Department of Agriculture, or the U.S. Department of Health and Human Services.
J) The Local Prosecuting Authority will be responsible for any audit exception or other payment deficiency for
which the Local Prosecuting Authority is legally responsible under this Agreement, which is determined to
exist after monitoring or auditing by HHSC or the U.S. Department of Agriculture.
8. Performance Measures. The Parties will use their best efforts to perform the responsibilities of this Agreement
and the Parties agree:
A) Referrals of cases from OIG to the Local Prosecuting Authority will be made as soon as practical after any
investigation is completed.
B) The Local Prosecuting Authority shall utilize its own independent legal judgment in the manner which it
conducts any criminal proceedings involving Defendants.
9. Conditions of Payment. All payments shall be made to the Local Prosecuting Authority after deducting any
known previous overpayment made by HHSC -OIG. HHSC -OIG is not obligated to pay for unauthorized services
or to pay more than is consistent with federal and state regulations.
A) The rates listed in paragraph 6(D) above are set by the Code of Federal Regulations and shall be in effect
until amended or modified by Congress, in which event HHSC will notify the County and the Local
prosecuting Authority of such rates and the County and the Local Prosecuting Authority shall have thirty
days to agree to the new rates or to terminate this Agreement.
B) Local Prosecuting Authority represents that it has sufficient resources to enable the Local Prosecuting
Authority to carry out the terms of this Agreement.
yJ 2of °7
I
Vol. 1
g . �t
C) The Local Prosecuting Authority shall recover only once for the services delivered under this Agreement.
The Local Prosecuting Authority shall not bill for or retain any additional compensation for such services
from HHSC or any other entity.
D) HHSC -OIG shall pay the Local Prosecuting Authority the service unit rate as indicated herein.
10. Billing Process.
A) The Local Prosecuting Authority shall submit a Health and Human Services Commission State of Texas
Purchase Voucher for payment. The Local Prosecuting Authority shall contact the local HHSC -OIG Case
Investigator for instructions on how to prepare and whereto mail the voucher.._ _ _. _
B) HHSC -OIG reserves the right to review any /all services for compliance with performance measures and
adherence to agreed billing rates. 010 staff will make a determination on the sufficiency of the services
Upon final approval, OIG will authorize payment and process all necessary warrant requests.
11. Accounting Records. The Local Prosecuting Authority shall adhere to Generally Accepted Accounting
Principles promulgated by the Financial Accounting Standards Advisory Board and follow Department fiscal
management policies and procedures in maintaining financial records. ( http: / /www.fasab.gov /accepted.html).
12. Notifications.
The Local Prosecuting Authority shall:
A) Maintain at all times at least one active electronic mail (email) address for the receipt of agreement - related
communications from HHSC -OIG. It is the Local Prosecuting Authority's responsibility to monitor this email
address for Agreement - related information.
B) Maintain his/her current license in good standing with the State of Texas and maintain all necessary license
requirements.
C) Notify HHSC -OIG within ten (10) days of receiving notice of any change in the status of a professional
license or board certification, and /or of a complaint that has been filed against his /her license, and /or that an
investigation of his /her license or board certification has been initiated.
D) Notify the HHSC Civil Rights Office of any civil rights complaints received relating to its performance under
this Agreement: This notice must be delivered no more than ten (10) calendar days after receipt of a
complaint. Notice provided pursuant to this section must be directed to:
HHSC Civil Rights Office
n
701 W. 51 Street, Mail Code W206
Austin, Texas 78751
Phone Toll Free: (888) 388 -6332
Phone: (512) 438 -4313
TTY Toll Free: (877) 432 -7232
Fax: (512) 438 -5885
13. Agreement Contingencies.
A) The undersigned Parties certify that: the services specified above are necessary and essential for activities
that are properly within the statutory functions and programs of the HHSC -OIG; the proposed arrangements
serve the interest of efficient and economical administration of state government; the services contracted for
are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract
awarded to the lowest responsible bidder; and the selection and award of this contract was made on the
basis of demonstrated competence and qualifications to perform -the services for a fair and reasonable price.
Vol. 14 s 713 g'
$D
B) Limits on Compensation. This Agreement is expressly conditioned on the availability of appropriated
funds. All compensation hereunder is contingent upon that availability.
C) This Agreement is at all times contingent upon the availability and receipt of the Texas Legislature to
appropriate funds; Enactment of superseding law or adoption of a superseding rule or policy; and, if funds
for this Agreement become unavailable during any budget period, this Agreement may be immediately
terminated or reduced by the Department, in its sole determination. The Department shall notify the Local
Prosecuting Authority when it knows that funds for this Agreement will be reduced or eliminated. The Local
Prosecuting Authority may terminate the Agreement based upon such notification. If the Local Prosecuting
Authority terminates this Agreement based on the Department's notice to reduce or eliminate funding, the
Local Prosecuting Authority must notify the Department in wilting of its intent to terminate the Agreement
within fifteen (15) calendar days of receipt of the Department's notification. The notice must contain the
actual date of termination and the Local Prosecuting Authority's date of termination must not be less than ten
(10) calendar days from the Department's receipt of such notice and it must not exceed ninety (90) calendar
days from the date the Department receives such notice.
D) The Local Prosecuting Authority agrees to comply with state and federal anti - discrimination laws, including
without limitation:
(
(
(3)
(4)
(5)
(6)
(
(8)
Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.);
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794);
Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Age Discrimination Act of 1975 (42 U.S.C. §§6101- 6107);
Title IX of the Education Amendments of 1972 (20 U.S.C. § §1681- 1688);
Food Stamp Act of 1977 (7 U.S.C. §200 et seq.); and
The HHS agency's administrative rules, as set forth in the Texas Administrative
Code, to the extent applicable to this Agreement; and
Discovery of a disqualifying debt (state franchise tax, child support, or debt to HHSC
or the State of Texas).
14. Agreement Changes, Amendments and Renewals.
A) Changes and Amendments. No change, modification, or amendment to the agreement will be effective
until approved in writing by the Parties. This agreement together with any approved amendment(s) to this
agreement shall be the controlling instrument in case of any dispute relating to the wording of any portion of
the agreement or amendment. In the event of any conflict or contradiction between or among the
agreement terms and attachments, the documents shall control in the following order of precedence: (1) The
final executed Agreement and all amendments thereto; and (2) The Agreement Exhibits or Attachments, and
all amendments thereto.
8) Unilateral Amendments
i. HHSC -OIG reserves the right to make unilateral amendments to this agreement when necessary to:
a. Incorporate new or revised Federal, State, or Department laws, regulations, rules, or policies;
b. Update service level descriptions or unit rates; or
c. Comply with a court order or judgment.
d. The unilateral amendment will be effective upon the Local Prosecuting Authority's receipt of a copy
of the amendment signed by HHSC -OIG.
15. Provisions for Termination of Agreement and Dispute Resolution.
A) If the Local Prosecuting Authority fails to provide services according to the terms and conditions of this
agreement, HHSC -OIG may, upon written notice of default to the Local Prosecuting Authority, terminate all
or any part of the agreement. Termination is cumulative of any other rights and remedies provided by law,
agency regulations, or under this agreement excluding pending claims for work performed prior to the
termination date.
B) This agreement may be terminated at any time by mutual written consent. In addition, any party may
terminate this agreement by giving thirty (30) calendar days written notice to the other parties. This
agreement will be terminated at the end of the thirty (30) calendar day notice period. Nothing in this
subsection shall be construed to prohibit immediate termination of the agreement pursuant to subsection A
of this section, above.
C) At the end of the agreement term or other agreement termination, the Local Prosecuting Authority shall in
good faith and in reasonable cooperation with the Department, aid in the transition to any new arrangement
or provider of services, including the orderly transition of case files /reviews and all other documentation
prepared by the Local Prosecuting Authority. The respective accrued interests or obligations incurred to
date of termination must be settled equitably.
D) Dispute Resolution.
i. The dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be
used by HHSC -OIG and the parties to attempt to resolve any claim for breach of agreement.
H. A Local Prosecuting Authority's claim for breach of this agreement that the parties cannot resolve in the
ordinary course of business shall be submitted to the negotiation process provided in Texas
Government Code §§ 2260.051- 2260.056. To initiate the process, the Local Prosecuting Authority shall
submit timely written notice to the agreement liaison described in Paragraph 9, supra, with a copy to the
HHSC Executive Commissioner or his designee. Said notice shall specifically state that the provisions
of Chapter 2260, subchapter B, Government Code, are being invoked. A copy of the notice shall also I
be given to all other representatives of HHSC -OIG and the Local Prosecuting Authority otherwise
entitled to notice under this agreement.
iii. Compliance by the Local Prosecuting Authority with subchapter B is a jurisdictional condition precedent
to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government
Code. The contested case process provided in Chapter 2260, subchapter C, of the Government Code
is the Local Prosecuting Authority's sole and exclusive process for seeking a remedy for any and all
alleged breaches of agreement by HHSC -OIG if the parties are unable to resolve their disputes through
negotiation or mediation.
iv. Compliance with the contested case process provided in subchapter C is a condition precedent to
seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies
Code. Neither the execution of this agreement by HHSC -01G nor any other conduct of any
representative of HHSC or HHSC -OIG relating to the agreement shall be considered a waiver of
sovereign immunity to suit.
v. The submission, processing and resolution of the Local Prosecuting Authority's claim is governed by the
administrative rules adopted by HHSC pursuant to Chapter 2260, Government Code, as currently
effective, hereafter enacted or subsequently amended. The parties shall use the specific procedures
set forth in 1 Texas Administrative Code Chapters 391 and 394.
vi. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension
of performance by the Local Prosecuting Authority, in whole or in part.
E) In the event of any litigation, appeal, or other legal action to enforce any provision of the Agreement, Local
Prosecuting Authority agrees to pay all expenses of such action, including attorneys' fees and costs if
HHSC -OIG is the prevailing Party.
16. Use of Information. The Local Prosecuting Authority, in developing and disseminating information under this
agreement, shall:
A) Retain all rights to copyright, use, reproduce, and distribute any material written or produced solely by the
Local Prosecuting Authority, subject to the following confidentiality and indemnity provisions. When the
Local Prosecuting Authority develops materials using funds from this agreement, it must grant the state and
federal government a royalty -free, non - exclusive, and irrevocable license or right to reproduce, translate,
publish, use, disseminate, and dispose of such materials and to authorize others to do so for governmental
purposes.
B) Defend any claim, suit, or proceeding against the State of Texas, HHSC, or HHSC -OIG arising out of
Vol.
5 of ,7 Pg.
improper disclosure of any confidential, privileged, or protected information or arising out of allegations of
other misconduct by Local Prosecuting Authority, its agents, employees, or representatives, and indemnify
the state or agency for any liability arising of such proceedings.
C) The Local Prosecuting Authority shall use reasonable precautions so that access to information relating to its
services for HHSC -OIG is limited to those persons within its employ for whom it is necessary and
appropriate for purposes of performing the services required under this Agreement.
D) All work papers, investigative notes, test results, records, reports, findings, policies and procedures,
recommendations, data, memoranda or other documents prepared or reviewed by Local Prosecuting
Authority pursuant to this Agreement, regardless of their nature and source, are property of HHSC -OIG, and
shall be held by Local Prosecuting Authority solely for its convenience and subject to HHSC - OIG's
unqualified right to possession, custody and control.
E) Unless the Local Prosecuting Authority receives express written permission from HHSC -OIG or is compelled
to disclose by administrative or judicial process, neither the Local Prosecuting Authority nor any agent or
other person within its employ shall disclose: (1) the nature of content of any communications, information,
documents, studies, data, or reports in any way relating to the services performed hereunder, (ii) the terms
of this Agreement, or (iii) the contents of any reports performed hereunder. The Local Prosecuting Authority
understands and agrees that all information and materials compiled by HHSC -OIG in connection with an
audit or investigation are confidential by statute and not subject to disclosure under the Public Information
Act, discovery request, subpoena, or other means of legal compulsion. A person who receives such
information may disclose the information only in accordance with Texas Government Code § 531,1021(g).
F) The Local Prosecuting Authority shall immediately notify OIG of the occurrence of any of the following
events: (i) a request by any person to examine, inspect or copy any work papers, test results, records,
findings, recommendations, data, memoranda or other documents prepared by the Local Prosecuting
Authority or submitted to it relating in any way to its role as Local Prosecuting Authority under this
Agreement; and, (ii) the exhibition or surrender of any such documents in a manner not expressly authorized
by OIG.
17. Cooperation with HHSC and state administrative agencies. The Local Prosecuting Authority agrees to
reasonably cooperate with and work with the State's contractors, subcontractors and third -party representatives
as requested by HHSC or OIG. To the extent permitted by OIG's financial and personnel resources OIG agrees
to reasonably cooperate with Local Prosecuting Authority.
Vol. j_ _ 3 Pg.
Texas Department of Health and Human Local Prosecuting Authority:
Services Commission:
Signature Signature
William R. "Bill" Turner
Printed Name:
Inspector General
Printed Title:
Date: Date:
LceS x
Printed Name:
District Attorney
Printed Title
0l — 03-- yoIl
Approved:
BY
t♦
s
County Judge
R pri c& 2 t9 5 County, Texas
Vol.
7. of 7
Pg. g4
SOURCE OF FUNDS: N/A
PRESENTATION:
REQUIREMENTS:
SUBMITTED BY:
Richard F. Vance, P.E.
County Engineer
CC201 -003
Duane Peters, County Judge
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
DEPA RTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: January 18, 2011
ITEM: Request from Verizon Southwest to construct buried cable installations
of Koppe Bridge Road beginning at its intersection with I &GN Road extending for a distance of 130
ft.; project will include a 60' road bore to service a new cell site located at 4658 Koppe Bridge
Road. Site is located in Precinct 1, Brazos County. Texas.
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 Applicants responsibility to
do so and to remove all cleared brush, trees etc. from county righ6of- -way.
4) Ditch line shall be compacted to 90% standard density ASTIvI- 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 latestTexas 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.
This Request is Approved Q'/ Denied O by Commissioners' Court
Date — 7
vol. 143
APPROVED BY:
Com ssioner Lloyd Wassermann
Precinct 1
Pg. 25
1
DEPARTMENT Road and Bridge NUMBER 56001000
DATE OF COURT MEETING: January 18, 2011
ITEM: Request from Wickson Creek Special Utility District to construct a 45 ft. rc
waterline installationfs) in the right -of -way of Elmo Weedon Road approximately 1,000 ft. from its
intersection with Dyess Road (to provide service to address number 6685). Site is located in
Precinct 2, Brazos County, Texas.
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 rightof-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 Highways, published by the Texas Department of
Transportation, and all other State and Federal laws governing utility construction.
NOTES /EXCEPTIONS:
Richard F. Vance, P.E.
County Engineer
CC2011 -004
This Request t Appr ed ❑ / Denied 0 by Commissioners' Court
Duane Peters, County Judge
BRAZOS COUNTY
COMMISSIONERS' COURT ACTION FORM
Vol. 1 � �,— Pg.
APPROVER BY:
ommissiotp r Sammy Catalena
Precinct 2
Ac\f 3
On this the 18th day of January 2011 at a regular meeting of the Commissioners' Court, the following
members were present
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR
NO. 10/11 — 15.1
A. Duane Peters, County Judge, Presiding
B. Lloyd Wassermann, Commissioner, Precinct 1
C. Sammy Catalena, 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 18th day ofianuary 2011 the Court heard and approved a budget amendment
for the 2010- 2011budget 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 18th day January 2011.
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
Duane Peters, County Judge
Original: County Clerk's Office and
Attached to the original budget
Copies: County Auditor
County Treasurer
County Budget Officer
Commissioners' Court Minutes
Vol. __ - P g .
87
FUND DIV
0100
0100
26001000
26001000
ACCT PROJ DRICR
60360000
67342000
Community Supervision:
CR
DR
ACCOUNT NAME
Furniture
Furniture
538.23
538.23
Reallocation of funds to purchase a new desk.
Prepared By:
Date:
wpb
1113/2011
BRAZOS COUNTY, TEXAS
BUDGET AMENDMENTS
No. 10/11 - 15.1
1118/2011
Department Approval
County Judge
Vol. ___ 43 - Pg. g g
Date
Decrease
Commissioner Court Date: January 18, 2011
Department Submitting Information: Human Resources
Purpose of Submissions: Consider and Take Action on Change Requests
Department Submitting
Requests)
Ag Extension
Brazos Center
Building Maintenance
Constable Pct. 1
County Attorney
IT
PERSONNEL
CHANGE OF STATUS REQUESTS
Employee Request
Applies To
Pounders, Penny
Action Requested
Retirement
Hurst, Kevin New Hire -
Bowers, Bill Retirement
Ochoa, Delia Termination
Campbell, John
Reeves, Jeff
Barton, Matthew
Giles, Spencer
New Hire
Transfer to Another
Dept.
Cell Phone
Allowance
Remove Cell Phone
Allowance
Gammage, Kurt Transfer w /in Dept.
Gilmore, Charlie Transfer w /in Dept.
Horn, Richard Transfer w /in Dept.
Knighton, Daryl Promotion
Melzow, Billy Promotion
Patten, Josh Transfer w /in Dept.
Wolfe, Matt Promotion
SO — Jail Brown, Christopher Transfer w /in Dept.
Buhs, Julie New Hire
Elias, Claudio Promotion.
Vol. 1 ` t3 Pg. S �
Approved in Commissioners' Court: January 18, 2011:
County Judge's or Commissioner's Signature:
(This Copy to be attached to minutes)
vot. 1 X13
Essmyer, Brent Resignation
Hamilton, Tracy Promotion
Marinari, Justin Completed
Internship
Rains, Gerald - -- - - Promotion
Pg. 9 0