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HomeMy WebLinkAbout2012-06-19-10:00AM-REGULAR21il1_ At 15 :!�, 11: 3'I NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON JUNE 19, 2012 AT 10:00 AM IN THE JUSTICE OF THE PEACE PRECINCT 2.2 COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 114, BRYAN, TX 77803 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 -19: 3, Proclamation # 12-022 Proclaiming September 3 - 9 2012 as Brazos Valley Fair Week. 4 Interlocal agreement for Cooperative Purchasing for Actuarial Shared Services with the North Ce Texas Council of Governments. 5. Contracts with Gabriel Roeder Smith and Company for actuarial services for the Brazos County Auditor's Office. 6 Contract and Agreement for Post Adludication Services of Juvenile Offenders with Nueces Coun Residential Services. 7 Permission to advertise RFP # 2012 -46 Employee Health Dental and Vision Insurance. g Requisition # 00037774 to Govconnection In the amount of $2992.35 for purchase of 5 computer 91 10. 11 BRAZOSCOUNTY BRYAN,TEXAS Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XIII 30.297 Acres, J.M. Vol- 1 /0 Pg. 3 -7 4 i� Barrera Survey A -69, College Station, Brazos County, Texas. Site is located in Precinct 1. 12 Consider and take action on the Final Plat of Meadowcreek Subdivision Phase 4B, 7.540 Acres, Samuel Davidson League A -13 Brazos County Texas. Site is located in Precinct 1. 13. Consider and take action to rescind Commissioners Court action 7/1912011 approving the Replat of Falls Creek Ranch Subdivision. Site is located in Precinct 4. 14. 15. Treasurer's report for the month of April 2012. 16. Tax Refund Applications for the following: • a. Charles R. Pirtle - overpayment- $49.90 17. Budget Amendments. Budget Amendments FY 11/12 34.1 thru 34.7. 18. Personnel Change of Status. Personnel Action Forms 19. Payment of Claims. 20. Acknowledgement of the Brazos County Purchasing Department Update for June 8 - 14, 2012. 21. Sheriff's report on inmate population. 22. Announcement of interest items and possible future agenda topics. 23. Call for Citizen input and /or concerns. 24. Adjourn. Vol. 1 `>--' pg.J PUBLIC COMMENTS Public Comment during the Commission Meeting may be for all matters, both on and off the agenda, and be limited to four minutes per person. Persons are invited to submit comments in writing on the agenda items and /or attend and make comment at the Commission meeting. Members of the public are reminded that the Brazos County Commissioners Court is a Constitutional Court, with both judicial and legislative powers, created under Article V, Section 1 and Section 18 of the Texas Constitution. As a Constitutional Court, the Brazos County Commissioners Court also possesses the power to issue a Contempt of Court Citation under Section 81.024 of the Texas Local Government Code. Accordingly, members of the public in attendance at any Regular, Special and /or Emergency meeting of the Court shall conduct themselves with proper respect and decorum in speaking to, and /or addressing the Court; in participating in public discussions before the Court; and in all actions in the presence of the Court. Those members of the public who are inappropriately attired and /or who do not conduct themselves in an orderly and appropriate manner will be ordered to leave the meeting. Refusal to abide by the Court's Order and /or continued disruption of the meeting may result in a Contempt of Court Citation. It is not the intention of the Brazos County Commissioners Court to provide a public forum for the demeaning of any individual or group. Neither is it the intention of the Court to allow a member (or members) of the public to insult the honesty and /or integrity of the Court, as a body, or any member or members of the Court, or County employees, individually or collectively. Accordingly, profane, insulting or threatening language directed toward the Court and /or any person in the Court's presence and /or racial, ethnic or gender slurs or epithets will not be tolerated. Violation of these rules may result in the following sanctions: 1. cancellation of a speaker's time; 2. removal from the Commissioners Court; 3. a Contempt Citation; and /or 4. such other and /or criminal sanctions as may be authorized under the Constitution, Statutes and Codes of the State of Texas. The County Commissioners Court can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the public comment period, speakers may address matters not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Commissioners Court. However, responses from the County Judge or Commissioners to unlisted public comment topics could become deliberation on a matter without notice to the public. To ensure the public has notice of all matters the Commissioners Court will consider, the County Judge and /or Commissioners may choose not to respond to public comments, except to correct factual inaccuracies, recite existing policy in response to an inquiry or to ask that a matter be listed on a future agenda. See Texas Open Meetings Act ? 551.042. INVOCATION Any invocation that may be offered before the official start of the Court meeting shall be to and for the benefit of the Court. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Court and do not necessarily represent the religious beliefs or views of the Court in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Court. The Justice of the Peace Precinct 2.2 Courtroom of the County Administration Building, 200 South Texas Ave., Suite 114, 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. Vo1. t &3 Pg 3 MINUTES June 19, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING 'rte Signature Page.odf 0 File Stamoed Agenda.odf 0 Sian in sheet.odf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Justice of the Peace, Precinct 2, Place 2 Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, June 19, 2012 with the following members of the Court present: Duane Peters, County Judge, Absent; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3 Presiding; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk. The attached sheets contain the names of the citizens and officials that were in attendance. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Commissioner Wassermann 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 -19: 3. Proclamation # 12 -022 proclaiming September 3 - 9, 2012 as Brazos Valley Fair Week. von. 1 (�3 P `fa BRAZOSCOUNTY BRYAN,TEXAS Commissioner Catalena moved to table and Commissioner Cauley seconded the motion. Commissioners Catalena and Cauley then rescinded their motion and second because the proclamation would not be ready for next week's agenda. Motion: Remove, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters. 4. Interlocal agreement for Cooperative Purchasing for Actuarial Shared Services with the North Central Texas Council of Governments. U`' Item 4.odf Approved as submitted. A copy is attached. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 5. Contracts with Gabriel, Roeder, Smith and Company for actuarial services for the Brazos County Auditor's Office. 9 Item 5.1)df Approved as submitted. A copy is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Mallard , Wassermann . Members Absent: Peters. 6. Contract and Agreement for Post Adjudication Services of Juvenile Offenders with Nueces County for Residential Services. 21 Item 6.odf Approved as submitted. Term of the contract is for twelve (12) months commencing October 1, 2012 and terminating September 30, 2013. Cost is $90 per day /per child. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . Permission to advertise RFP # 2012 -46, Employee Health, Dental and Vision Insurance. 9 Item 7 Part 1 .odf 0 Item 7 Part 2.)d 0 Item 7 Part 3.odf Approved as submitted. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 8. Requisition # 00037774 to GovConnection in the amount of $2992.35 for purchase of 5 computers for JP Pct. 1 using JP Technology Funds. y Item 8.)d Approved as submitted. Motion: Approve , Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Vol. . =— pg. `c l Mallard, Wassermann . Members Absent: Peters . 9. Payment Authorization to Dallas Co. SW Institute of Forensic Sciences in the amount of $136.00 for the additional DNA testing on an Injury to a Child case; a purchase order was not obtained in advance. 0 Item 9.odf Approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters. 10. Consider and take action on acceptance of Aggie Acres into the Brazos County road maintenance system; the road (Reveille Road) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations. Site is located in Precinct 1. 0 Item Modf Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 11. Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XIII, 30.297 Acres, J.M. Barrera Survey, A -69, College Station, Brazos County, Texas. Site is located in Precinct 1. L.�-- Item 11.odf Approved as submitted. A copy of the plat is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters . 12. Consider and take action on the Final Plat of Meadowcreek Subdivision Phase 4B, 7.540 Acres, Samuel Davidson League, A -13, Brazos County, Texas. Site is located in Precinct 1. 1 0 Item 12.odf Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters. 13. Consider and take action to rescind Commissioners Court action 7/19/2011 approving the Replat of Falls Creek Ranch Subdivision. Site is located in Precinct 4. 0 Item 13.odf Approved as submitted. Motion: Approve , Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters. 14. Consider and take action on the Replat of Falls Creek Ranch Subdivision, recorded in Volume 5513, Page 298 (Official Records of Brazos County), 56.43 Acres, Moses Baine Vol. � Pg League, A -3, Brazos County, Texas. Site is located in Precinct 4. » Item 14.odf Approved as submitted. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters. 15. Treasurer's report for the month of April 2012. D Item 15.odf Approved as submitted. A copy is attached. Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 4 -0. Members voting Aye: Catalena, Cauley , Mallard, Wassermann . Members Absent: Peters . 16. Tax Refund Applications for the following: a. Charles R. Pirtle- overpayment - $49.90 rD-- Item 16.odf Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard, Wassermann . Members Absent: Peters. 17. Budget Amendments. Budget Amendments FY 11/12 34.1 thru 34.7. 9 Item 17.odf 34.1 Reallocate funds for Juvenile Services 34.2 Reallocate funds for Emergency Management 34.3 Reallocate funds for Justice of the Peace, Precinct 4 34.4 Reallocate funds for Tax Assessor /Collector 34.5 Reallocate funds for Justice of the Peace, Precinct 2, Place 2 34.6 Reallocate funds for Road & Bridge Administration 34.7 Reallocate funds for District Attorney Administration 18. Personnel Change of Status. Personnel Action Forms 1U- Item 18.odf Approved subject to a correction to Terri Harvey who is a new hire rather than a step increase. A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Cauley, Mallard , Wassermann . Members Absent: Peters. 19. Payment of Claims. > Claims Sheet.odf 0 BILL LIST 6.19.12.odf Motion: Approve , Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 4 -0. Members voting Aye: Catalena, Vol. Pg. Cauley, , Mallard , Wassermann . Members Absent: Peters. 20. Acknowledgement of the Brazos County Purchasing Department Update for June 8 - 14, 2012. 3 Item 20.odf The Court acknowledged receipt of the Purchasing Department Weekly Update. 21. Sheriff's report on inmate population. Wayne Dicky, Jail Administrator stated there were 538 inmates in jail, 57 have electronic monitors, 14 are pending for monitors and 20 of which are on bond conditions. 22. Announcement of interest items and possible future agenda topics. Commissioner Mallard said there was good news for A &M with the grant and the bio- medical corridor. Commission Catalena was at the Fair Board meeting this morning and they asked that he thank the Court for all it's help. The fair is really coming along and the Board will be giving a report soon. Commissioner Cauley announced that a gospel test will be part of the Brazos County Fair and she is committee chair. She is looking for volunteers. There is an application on the website. 23. Call for Citizen input and /or concerns. There was no citizen's input. 24. Adjourn. Vol. Ito-3 p 4 l The foregoing minutes of the Commissioners Court meeting held June 19 -- , ^^ 2012 have been examined and are approved in open Court this �r(J day of 2012, in Bryan, Brazos County, Texas. Duane Peters Lloyd assermann County Judge Commissioner, Precinct 1 Kenny Mallard Commissioner, Precinct 3 Commissioner. Attest: 9 - &- Karen McQueen County Clerk Vol I b3 Page 45 BRAZOS COUNTY COMMISSIONERS COURT Meeting on D(I/ / �� V 100c) �_ PAGE! of2,- vol. 1 63 Pg. 4 � • tion 1-� artmeDt WINN ►,..- PAGE! of2,- vol. 1 63 Pg. 4 � BRAZOS COUNTY COMMISSIONERS COU Meeting on L� � � �v 1 � `6t M/y' Name I Organization /Department rs PAGE of 2- Vol. l 3 Pg. Y INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING FOR ACTUARIAL SHARED SERVICES THIS INTERLOCAL AGREEMENT ( "Agreement "), made and entered into pursuant to the Texas interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act "), by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCO "having its principal place of business at 616 Six Flags Drive, Arlington, Texas 76011, and (name of entity) 91;7 lZC�� OLAniru a local government, created and operated to provide one or more government Al functions and services,, hereinafter referred to as "Participant," having its principal place of business at: WITNESETH WHEREAS,. NCTCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the development of a standard approach for acquiring actuarial services: and WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has authorized this Agreement on (Date)' .SkXY�, 19 C1 and that it desires to contract with NCTCOG on the terms set forth below; NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act because its a local government, as defined in the Act, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: BILLINGS Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company and will include an Administrative Fee of $100 per valuation cycle (annually or biennially) payable to NCTCOG. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right to make changes in the scope services offered through the Cooperative Purchasing Program to be performed hereunder. Vol. 163 Pg. +g THIS INSTRUMENT HAS BEEN EXECUTED IN ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: 'Denotes required fields NOTE: Facsimile copies ofthis document shall not be acceptable as ORIGINALS Interstate v rev. 10105 • 5ru2c's C o� rtF Name of Participant (localgovernmew, aw�i . or non - profs! corporation) QOO Scoth TeXa 5 five L 1 3 3 M ling Address �ruan tcXQ Ciry ZIP Code Sign: JS Signazure of Authorized ci wane. ' Ve+e: Typed Name of Authorized Official nCu Tina (0-19'1 JL Typed.Tille of thorizcd Ofia aI Datc North Central Texas Council of Governments 616 Six Flags Drive, Arlington, Texas 76011 Signatorc of Authorized Official Typed Name of Authorized Official Typed Title of Authorized Official Date Vol. ) (D 2 P.. `t 9 GABRIEL, ROEDER, SMITH & COMPANY BUSINESS ASSOCIATE AGREEMENT This BUSINESS ASSOCIATE AGREEMENT ( "Agreement ") is entered into effective the lc day of 7Ut-. , 2012 by and between the Brazos County ( "Client ").and Gabriel, Roeder, Smith & Company ( "GRS "). RECITALS A. Client is a Covered Entity as defined under the Health Insurance Portability and Accountability Act of 1996 ( "HIPAA ") and is therefore subject to HIPAA and its implementing regulations, including the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Rule ") and the Security Standards for the Protection of Electronic Protected Health Information (the "Security Rule "), and Subtitle D of the Health Information Technology for Economic and Clinical Health Act ( "HITECH ") enacted as part of the American Recovery and Reinvestment Act of 2009 (collectively, HIPAA, the Privacy Rule, Security Rule and HITECH shall be referred to herein as the "HIPAA Regulations "). B. Protected Health Information received from Client or created or received by GRS on behalf of Client ( "PHI ") may be needed for GRS to perform the services (the "Services ") requested by Client and described in any underlying agreement between the parties (the "Underlying Agreement ").. C. To the extent GRS needs to access PHI to perform the Services, it will be acting as a Business Associate of Client and will be subject to certain provisions of the HIPAA Regulations. D. GRS and Client wish to set forth their understandings with regard to the use and disclosure of PHI by GRS so as to comply with the HIPAA Regulations. AGREEMENTS In consideration of the Recitals and the mutual agreements below, the parties agree as follows: 1. Defined Terms. Capitalized terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HIPAA Regulations. 2. GRS's Obligations and Permitted Activities. (a) GRS agrees to not use or further disclose PHI other than as required to perform the Services, requested by Client or Required By Law, or as otherwise permitted herein. (b) GRS agrees to use reasonable safeguards to prevent use or disclosure of PHI other than as provided for by this Agreement, and shall develop, implement, maintain and Vol. 163 Pg _ 5D use appropriate administrative procedures, and physical and technical safeguards, to reasonably preserve and protect the confidentiality, integrity and availability of electronic PHI. (c) GRS agrees to report to Client, without unreasonable delay and in no case later than five (5) business days following actual knowledge by GRS: (i) Any use or disclosure of PHI not provided for by this Agreement. (ii) Any Security Incident of which GRS becomes.aware; provided, however, that the parties acknowledge and agree that this section constitutes notice by GRS to Client of the ongoing existence and occurrence of attempted but Unsuccessful Security Incidents of which no additional notice to Client shall be required. Unsuccessful Security Incidents shall include, but not be limited to, pings and other broadcast attacks on GRS's firewall, port scans, unsuccessful log -on attempts, denials of service and any combination of the above, so long as such incidents do not result in unauthorized access, use or disclosure of Client's electronic PHI. (iii) Any Breach of Unsecured PHI, as defined in 45 CFR 164.402. Following the initial notification of any such Breach, GRS shall provide a report to Client that includes, to the extent possible: [A] a brief description of what happened, including the date of occurrence and the date of the discovery by GRS; [B] a description of the PHI affected, including the names of any Individuals whose PHI has been or is reasonably believed to have been accessed, acquired or disclosed and the types of PHI involved (such as full name, social security number, date of birth, home address, account numbers, etc.); and [C] a brief description of what GRS has done to investigate the Breach, to mitigate harm to Individuals, and to protect against any further Breaches. GRS also shall provide to Client any other available information Client is required to include in its notification to affected Individual(s). (d) GRS agrees to ensure that any agent or subcontractor to whom it provides PHI agrees to the same or substantially similar restrictions and conditions as those that apply to GRS through this Agreement with respect to such PHI. (e) GRS shall make its internal policies, procedures and records relating to the use and disclosure of PHI reasonably available to the Secretary or to Client if necessary or required to assess GRS's or the Client's compliance with the HIPAA Regulations. (0 It is not anticipated that GRS will maintain a Designated Record Set on behalf of Client; however, if GRS maintains a Designated Record Set on behalf of Client. GRS agrees to, at Client's written request: (i) provide access to such PHI in order to assist Client in meeting its obligations under the Privacy Rule, and (ii) make any amendment(s) to such PHI as Client so directs or agrees to pursuant to the Privacy Rule. (g) So that Client may meet its disclosure accounting obligations under the HIPAA Regulations, GRS agrees to document disclosures of PHI made by GRS which are not excepted from disclosure accounting requirements under the HIPAA Regulations. 2 Vol. � Pg. J 1 (h) GRS may use PHI for GRS's proper management and administration or to cam out its legal responsibilities. GRS may disclose PHI for GRS's proper management and administration, provided that: (i) GRS obtains reasonable assurances from the person to whom PHI is disclosed that it will remain confidential and used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person; and (ii) the person notifies GRS of anv instances of which it is aware in which the confidentiality of PHI has been breached. GRS also may make disclosures that are required by law. (i) GRS may use PHI to provide Data Aggregation services to Client as permitted by the Privacy Rule. 0) GRS may, at its option: (i) Deidentify PHI in accordance with the requirements of the Privacy Rule and maintain such deidentifted health information indefinitely; provided that all identifiers are destroyed or returned in accordance with this Agreement. (ii) Create a Limited Data Set for the purpose of providing the Services, provided that GRS: [a] Does not use or further disclose PHI contained in the Limited Data Set except as necessary to provide the Services or as provided for in this Agreement or otherwise Required By Law; ]b] Uses appropriate safeguards to prevent the use or disclosure of PHI contained in the Limited Data Set other than as provided for by this Agreement; [c] Reports to Client any use or disclosure of PHI contained in the Limited Data Set of which GRS becomes aware that is not provided for by this Agreement; [d] Ensures that any agents or subcontractors to whom it provides access to the Limited Data Set agree to the same restrictions and conditions that apply to GRS under this Agreement; and f e] Does not re- identify PHI or contact the Individuals whose information is contained within the Limited Data Set. Client's Obligations. (a) Client shall not request GRS to use or disclose PHI in any manner that would not be permissible under the Privacy Rule or the Security Rule if done by Client. (b) Client shall not provide GRS with more PHI than that which is minimally necessary for GRS to provide the Services and, where possible, Client shall provide any PHI needed by GRS to perform the Services in the form of a Limited Data Set, in accordance with the HIPAA Regulations. (c) Client shall clearly and conspicuously designate all PHI as such before providing it to GRS. vo1. 163 pg. (d) Client acknowledges and agrees that neither this Agreement nor the Underlying Agreement requires GRS to make any disclosure for which an accounting would be required under the IIIPAA Regulations. Client further agrees that it shall be solely responsible for tracking, and providing Individuals an accounting of any disclosures made by Client to GRS. (e) Client acknowledges and agrees that the provisions of section 20)(ii) of this Agreement shall constitute a Data Use Agreement between the parties. 4. Term and Termination. (a) Term. This Agreement shall be effective as of the date first written above; and shall terminate when all PHI is destroyed or returned to Client. If GRS determines, in accordance with subsection 4(c)(ii) below, that it is infeasible to return.or destroy PHI, the protections of this Agreement with respect to such PHI shall remain in effect until such PHI is returned or destroyed. (b) Termination. Upon a party's knowledge of a material breach by the other party, the nonbreaching party shall either: (i) Provide an opportunity for the breaching party to cure the breach or end the violation and terminate this Agreement if the breaching party does not cure the breach or end the violation within the time specified by the nonbreaching party; or (ii) Immediately terminate this Agreement if the breaching party has breached a material term of this Agreement and cure is not possible. (c) Effect of Termination. (i) Except as otherwise provided in subsection 4(c)(ii) below, upon termination of this Agreement for any reason, GRS shall return or destroy all PHI. This provision shall also apply to PHI that is in the possession of subcontractors or agents of GRS. (ii) If GRS determines that returning or destroying any or. all PHI is infeasible, the protections of this Agreement shall continue to apply to such PHI, and GRS shall limit further uses and disclosures of Pill to those purposes that make the return or destruction infeasible, for so long as GRS maintains such PHI. Client hereby acknowledges and agrees that infeasibility includes GRS's need to retain PHI for purposes of complying with its work product documentation standards. Vol. 10 Pg. 6 3 5. Miscellaneous. (a) Regulatory References. A reference in this Agreement to a section in the HIPAA Regulations means the section as in effect or as amended, and for which compliance is required. (b) Amendment. Upon the effective date of any final regulation or amendment to the HIPAA Regulations, this Agreement shall be deemed automatically amended so that the obligations it imposes on the parties remain in compliance with such regulations. Following amendment of the Agreement in this manner, the parties shall, as necessary, work together to clarify their respective obligations with respect to any new requirements under the modified HIPAA Regulations. (c) Independent Contractors. GRS and Client are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between GRS and Client. Neither GRS nor Client will have the power to bind the other or incur obligations on the other parry's behalf without the other party's prior written consent, except as otherwise expressly provided in this Agreement_ (d) Conflicts. In the event that any terms of this Agreement are inconsistent with the terms of the Underlying Agreement then the terms of this Agreement shall control. (e) Entire Agreement. This Agreement shall constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties hereto relating to such subject matter. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. GABRIEL, ROEDER, SMITH & CO. BRAZOS COUNTY Title By Title Vol. 1 6P 2 Pg• 64 GRS Apr 27, 2012 5605 N. MacArthur Blvd. 469.524.0000 phone Gn n, n ha nt Roeder Smith &Company 469:524.0003 fax Consulray & Actuaries Suitt 870 Irving, TX 7.5038.2631 www.gabrielroeder.wnr Mrs. Fang Deng Brazos County 300 E. 26th Street Bryan, TX 77803 Re: Pricing Estimate for GASB OPEB Valuation for Brazos County Dear Mrs. Deng, You have requested a pricing quote for a GASB 45 actuarial valuation under the Shared Services arrangement provided by Gabriel, Roeder, Smith & Co (GRS) and North Central Texas Council of Governments (NCTCOG). Based on the information you provided, the estimated cost of services for Brazos County is $7,840. This price is based on receiving data in the standard GRS format and using the following assumptions: Number of Participants 100-999 Insured or Self - Funded Self- Funded Retirement Plans 1. TCDRS Health Plans 1. PPO 2. Fee for the cost allocation (9 -t -1, County, CSCD, Health) If other assumptions are identified, a revised proposal letter will be prepared by GRS. Also, additional fees may apply if the data is not received in standard format. Basic Services Basic services provided through the Shared Services program will include: Actuarial valuation of employer OPEB in compliance with the requirements of paragraphs 11 -27 of GASB 45. Valuations can be performed annually or biennially and will include: > A measurement of the actuarial liability, present value of projected benefits and normal cost as of the valuation date > The estimated actuarially determined contribution for the applicable fiscal years V W pg. 55 Mrs. Fang Deng Apr 27, 2012 Page 2 > The estimated annual required contribution and accounting expense for the applicable fiscal years as required under GASB Statement Nos. 43 and 45 > Information needed to complete the "Notes to the Financial Statement' and "Required Supplementary Information" as defined in paragraphs 30 and 31 of GASB No. 43 > Information needed to complete the "Notes to the Financial Statement' and "Required Supplementary Information" as defined in paragraphs 24 25 and 26 of GASB No. 45 > Required Supplementary Information as defined in paragraph 26 of the GASB 45 > Sensitivity analysis for health care trend rates, providing valuation results based on a higher and a lower health care trend > A hypothetical set of actuarial results using an alternative discount rate based on pre - funding • Two in person or conference call meetings as mutually agreed upon by Brazos County and GRS. Out of pocket travel expenses for governments located 100 miles or more from downtown Houston or DFW Airport will be charged to the government. Billing Schedule GRS pricing assumes 20% paid upon acceptance by the government of the engagement, 50% upon receipt of the draft report and 30% upon acceptance of the final report. Pricing also assumes annual valuations. For Biennial valuations, an additional $1,125 is added to the price and GRS will provide the OPEB cost for the off year as a percentage of covered payroll and will walk forward the Net OPEB Obligation. The GRS prices discussed above will be adjusted annually in January based on changes in the Consumer Price Index, All Urban Consumers, on a December over December basis. GRS billing will also include an administrative fee of $100 per valuation cycle payable to the NCTCOG. Options 5tudy It is anticipated that Brazos County may want to consider what the options are for mitigating their OPEB liability either in the first year or first two years. These Options studies would include alternative discount rates, alternative healthcare trend rates, benefit capitations,.changes in retiree cost sharing, and possibly changes in eligibility requirements. The cost for this Options study will be $845 per study. Gabriel Roeder Smith & Company Vol.— UZ J pg• 5 5 ` / Mrs. Fang Deng Apr 27, 2012 Page 3 Other studies may not be covered under the fixed fee amount above. if a study is not included in the fixed fee pricing, the hourly rates shown in "Additional Services" below will apply. GRS will provide written documentation of our understanding of the service(s) requested, the estimated number of hours by employee class, total costs and project timeline. Additional Services Fees for additional consulting services not included under Basic Services or included in the fixed fee Options studies will be priced separately upon request and will be based on the following hourly rates: A copy of this proposal letter will be made a part of the engagement agreement between.Brazos County and GRS. If you have any questions or need additional information please don't hesitate to a mail us at NCPCOG sharedservices (a)gabrielroeder.com or call either Jack Beam at 469 -524 -1819 or Mehdi Riazi at 469 -524 -1343. Thank you for your interest in the Shared Services program. Gabriel, Roeder, Smith & Company \\ r k Cl o ar `a• Gabriel Roeder Smith & Company Vol. I (¢ 3 p 51 urly GRS Resource Classification ates 139 Senior Consultant 5 Consultants $310 Senior Analysts $200 Actuarial Analysts $170 Systems Analysts and Programmers $230 Administrative Support Staff $ 125 A copy of this proposal letter will be made a part of the engagement agreement between.Brazos County and GRS. If you have any questions or need additional information please don't hesitate to a mail us at NCPCOG sharedservices (a)gabrielroeder.com or call either Jack Beam at 469 -524 -1819 or Mehdi Riazi at 469 -524 -1343. Thank you for your interest in the Shared Services program. Gabriel, Roeder, Smith & Company \\ r k Cl o ar `a• Gabriel Roeder Smith & Company Vol. I (¢ 3 p 51 G Gabriel T J u; & A Smith & Compatry 5605 N MacArrhur Btvd. 469.524.0000 phone 1 \ Suite 870 469.524.0003 fax Cbn+ufruna 2SC Actuaries www. abridroedeccom Irving, TX 75038 -_631 8 MASTER AGREEMENT Pursuant to the award of Joint Actuarial Services by the North Central Texas Council of Governments ( NCTCOG), this agreement confirms the terms under ( he the i of government) hereinafter referred to as `CON RACTING GOVERNMENT" has engaged Gabriel, Roeder, Smith & Co. hereinafter referred to as "GRS" to perform actuarial consulting services. in as much as this relationship will involve.several actuarial reviews and other services that will be governed by the Request for Proposal issued by NCTCOG on May 31, 2006 and our subsequent response to that proposal, we have agreed to establish this "master agreement" defining the general terms and conditions for all work performed.. This agreement will not, by itself, authorize the performance of any services. Rather specific services will be authorized through a separate engagement letter that references this master agreement and details the services to be provided and the timeframe and fees required. In the event of an inconsistency between this master agreement and an individual engagement letter, the master agreement will be followed. As described in the above referenced Request for Proposal the following terms apply: A. Tax Exempt Entities. CONTRACTING GOVERNMENT is exempt from manufacturer's federal excise tax and states sales tax. Tax exemption certificates will be issued upor -- SooO B. Role of NCTCOI facilitator to the RFP and award process but the cot 5000 7L'51 0100 en GRS and the CONTRACTING GOVERNMENT. t<10 / 000 C. Ag Inform p the specified ly NCTCOG with fied results from the v tat information with that of other governments for the purpose of oenenmarKing. D. Fees. GRS agrees to follow the attached pricing schedule ( "Attachment A ") for pricing of its services. E. Review of Charges. CONTRACTING GOVERNMENT has the right to review the supporting documentation for any hourly charges or out of pocket expenses assessed to the CONTRACTING GOVERNMENT under the fee schedule. F. Termination. Both CONTRACTING GOVERNMENT and GRS will have the right to terminate this agreement through written notice. CONTRACTING GOVERNMENT will pay any charges or prorate fees incurred to the date the termination notice is received and actuary will cease any in progress work unless specific stopping points are provided in the letter. Vol. I b,3 Pg.- 6E G_ Work Product. The final work product will be the property of the CONTRACTING GOVERNMENT to be used as stated in the specific engagement letter. Ancillary use of the product is permitted but GRS is not responsible for the. reliability of those projections. It is understood that all reports are subject to the open records laws of the State of Texas and the contracting jurisdiction. H. Independent Contractor. All the services provided by GRS will be as an independent contractor. None of the terms in the engagement letter will be interpreted to create an agency or employment relationship. Biennial Reviews. CONTRACTING GOVERNMENT agrees to provide census data in off years using the same cut off date and delivery dates as used for the year of review. Actuary agrees to review the off year census data and provide CONTRACTING GOVERNMENT with timely feedback regarding deficiencies in the data. J. Term. The term of this master agreement will be governed by the afore referenced NCTCOG RFP and will expire on September 30, 2012. K. Complete Agreement. This letter combined with the specific engagement letter and as clarified by the RFP and Proposal set forth the entire agreement between the CONTRACTING GOVERNMENT and GRS. L. Indemnification. GRS covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend NCTCOG and CONTRACTING GOVERNMENTS, its officers and employees, from and against any and all suits or claims for damages or injuries, including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the contractor, its officers, agents, servants, employees, or subcontractors, and the contractor does hereby assume all liability for injuries, claims or suits for damages to persons, property, or whatever kind of character, whether real or asserted, occurring during or arising out of the performance of this contract as a result of any negligent actor omission on the part of the contractor, its officers, agents, servants, employees, or subcontractors to the extent permitted by law. Please review this master agreement letter and the attached schedules and indicate your acceptance by having an official of CONTRACTING GOVERNMENT sign below. M. Force Maieure. A force majeure event shall be defined to include governmental decrees or restraints, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality, shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. If a delay or failure of performance by either party to this contract results from the occurrence of a force majeure event, the delay G briel Roeder Sq�kh & Compa Vol. — g'---5 _. shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event. N. Professional Standards. GRS will provide qualified personnel for each engagement and follow all professional standards ascribed by the American Academy of Actuaries and the Governmental Accounting Standards Board. GABRIEL, ROEDER, SMITH & CO. Lo Title: CONTRACTING GOVERNMENT By Y Title: 9 , Date I C) 11 )' Vo Gabriel.Roeder Smith & Company I „ ?. Pg. Attachment A Pricing of Services - Calendar Year 2007* Employer Governments by Total OPEB Participants Annual Biennial First Year Options Study = HourlyRate 1 Less than 100- Insured 1 health lan $4,000 $5,000 $750 /Stud See Below 1 a Less than 100 -per additional health or retirement plan $1,000 $1,000 $750 /Stud See Below 2 Between 100 and 249- Insured 1 health Ian $4,500 $5,500 $750 /Stud See Below 2a Between 100 and 249 -per additional health or retirement lan $1,000 $1,000 $750 /Stud See Below Between 100 and 249 -Self Insured 1 health plan $6,000 $7,000 $750 /Stud See Below Between 100 and 249 -per additional self fa insured health or retirement Ian $1,000 $1,000 $750 /Stud See Below 4 Between 250 and 499 - Insured d 1 health lan $4,500 $5,500 $750 /Stud See Below Between 250 and 499 -per additional $1,000 $1,000 $750 /Stud See Below health or retirement lan 5 Between 250 and 499 -Self Insured I $6,000 $7,000 $750 /Stud See Below health plan 5a Between 250 and 499 -per additional self insured health or retirement plan $1,000 $1,000 $750 /Stud See Below 6 Between 500 and 749 - Insured 1 health Ian 1 $4,500 $5,500 $750 /Study See Below 6a Between 500 and 749 -per additional health or retirement plan $1,000 $1,000 $750 /Stud See Below 7 Between 500 and 749 -Self Insured 1 health plan $6,000 $7,000 $750 /Stud See Below 7a Between 500 and 749 -per additional self insured health or retirement plan $1,000 $1,000 $750 /Stud See Below 8 Between 750 and 999 - Insured 1 health $4,500 $5,500 $750 /Stud See Below Ian 8a Between 750 and 999 -per additional $1,000 $1,000 $750 6tud See Below health or retirement plan 9 Between 750 and 999 -Self Insured I $6,000 $7,000 $750 /Stud See Below health Ian 9a Between 750 and 999 -per additional self insured health or retirement lan $1,000 $1,000 $750 /Stud See Below 10 Between 1000 and 1499 - Insured I health p lan $5,000 $6,000 $750 /Study See Below 10a Between 1000 and 1499 -per additional $1,000 $1,000 $750 /Study See Below health or retirement lan V01. Gabriel Roeder Smirk & Company 11 Between 1000 and 1499 -Self Insured 1 health plan $6,500 $7,500 $750/Study See Below 1 la Between 1000 and 1499 -per additional self insured health or retirement plan 51,000 $1,000 5750 /Stud See Below 12 Between 1500 and 1999- Insured 1 health Ian $5,000 $6,000 $750/Study See Below 12a Between 1500 and 1999 -per additional health or retirement plan $1,000 $1,000 $750 /Stud See Below 13 Between 1500 and 1999 -Self Insured 1 health plan $6,500 $7,500 $750 /Study See Below 13a Between 1500 and 1999 -per additional self insured health or retirement plan $1,000 $1,000 $750/Study See Below 14 Between 2000 and 2499 - Insured 1 health Ian $5,000 $6,000 $750/Study See Below Na Between 2000 and 2499 -per additional health or retirement plan $1,000 $1,000 S750/Study See Below 15 Betwecn 2000 and 2499 -Self Insured I health plan $6,500 $7,500 $750/Study See Below 15a Between 2000 and 2499 -per additional self insured health or retirement plan $1,000 $1,000 5750 /Study See Below 16 Between 2500 and 5000 -Self Insured I health plan $7,000 $8,000 $750 /Stud See Below l6a Between 2500 and 5000 -per additional self insured health or retirement plan $1,500 $1,500 $750/Study See Below Gabriel Roeder SVth & Company vol- g' (1!�\ Plans (if a licable Hourly Rate for Governments by Total OPEB Participants Annual Biennial First Year Options Study Additional Services 1 Less than 100 - Insured I health plan $0 ----- $ — OT$ - 750/Study See Below la Less than 100 -per additional health or retirement plan $0 $0 $750 /Study See Below 2 Between 100 and 249 - Insured I health Ian $0 $0 $750IStudy See Below 2a Between 100 and 249 -per additional health or retirement Ian $0 $0 $750 /Stud See Below 3 Between 100 and 249 -Self Insured 1 health plan $0 $0 $750/Study See Below 3a Between 100 and 249 -per additional self insured health or retirement plan $0 $0 $750 /Stud See Below 4 Between 250 and 499 - Insured 1 health Ian $0 $0 $750/Study See Below 4a Between 250 and 499 -per additional health or retirement plan $0 $0 $750 /Study See Below 5 Between 250 and 499 -Self Insured 1 health Ian $0 $0 $750 /Stud See Below Sa Between 250 and 499 -per additional self insured health or retirement Dian $0 $0 $750 /Study See Below 6 Between 500 and 749- Insured I health. Ian $0 $0 $750/Study See Below 6a Between 500 and 749 -per additional health or retirement plan SO $0 $750/Study See Below 7 Between 500 and 749 -Self Insured I health Ian $0 $0 $750 /Stud See Below 7a Between 500 and 749 -per additional self insured health or retirement Dian $0 $0 $750 /Stud See Below 8 Between 750 and 999- Insured 1 health Ian $0 $0 $750 /Study See Below Sa Between 750 and 999 -per additional health or retirement plan $0 $0 $750 / Studv See Below 9 Between 750 and 999 -Self Insured I health Ian $0 $0 $750 /Study See Below 9a Between 750 and 999 -per additional self insured health or retirement Dian $0 $o S750/Study See Below 10 Between 1000 and 1499 - Insured 1 health Ian $0 $0 $750 /Stud See Below 10a Between 1000 and 1499 -per additional health or retirement plan $o $0 $750 / Studv See Below 11 Between 1000 and 1499 -Self Insured I health Ian $0 $0 $750 /Study See Below 11 a Between 1000 and 1499 -per additional self insured health or retirement Dian $0 $0 $750 /Study See Below 12 Between 1500 and 1999 - Insured 1 health Ian $0 $0 $750 /Stud See Below Gabriel Roeder Smith & Company Vol. --4� PP----- & 4812 Between 1500 and 1999 -per additional Senior Consultant $350 Consultants $275 a health or retirement Ian $0 $0 $750 /Stud See Below 13 Between 1500 and 1999 -Self insured I health plan $0 $0 S750/Study See Below_ 13a Between 1500 and 1999-per additional self insured health or retirement plan $0 $0 $750/Study See Below l4 Between 2000 and 2499 - Insured 1 health Ian $0 $0 $750 /Study See Below 14a Between 2000 and 2499 -per additional health or retirement plan So $0 $750/Study See Below 15 Between 2000 and 2499 -Self Insured 1 health plan $0 $0 S750/Study See Below 15a Between 2000 and 2499 -per additional self insured health or retirement plan $0 $0 S750/Study See Below 16 Between 2500 and 5000 -Self Insured l health plan $0 $0 $750/Study See Below 16a ____ Between 2500 and 5000 -per additional self insured health or retirement Ian $0 SO $750 /Stud See Below For the first valuation, the prices above include a mandatory kick -off meeting to begin the project and a meeting to present the findings. If the second meeting can take place either via web cast or through a conference call, we will discount the above valuation fees by $500. :• For subsequent valuations, we anticipate the kickoff meeting to be via conference call or web cast. For any participant, if the meeting to present the results can take place either via web cast or through a conference call, we will discount the above valuation fees by $500. :• Pricing assumes 20% paid upon acceptance by the government of the engagement, 50% upon receipt of the draft report and 30% upon acceptance of the final report. Fees for additional services and optional services that are not determined as `basic' will be based on the following rates: GRS Position Title Hourly Rates Senior Consultant $350 Consultants $275 Senior Analysts $175 Actuarial Analysts $150 Systems Analysts and Programmers $200 Administrative Support Staff $110 'Prices will be adjusted annually beginning in January 2008 based on changes in the Consumer Price Index, All Urban Consumers, on a December over December basis. Current rates for your plan are reflected in the engagement agreement sent with this document. Gabriel Roeder Smith & Company Vol. — F - 4 CONTRACT AND AGREEMENT FOR POST ADJUDICATION SERVICES OF JUVENILE OFFENDERS STATE OF TEXAS COUNTY OF NUECES NUECES COUNTY JUVENILE BOARD NUECES COUNTY ROBERT BARNES FACILITY RESIDENTIAL SERVICES October 1, 2012 — September 30, 2013 This Agreement is entered into by and between Nueces County Juvenile Board, at the request of and on behalf of the Nueces County Juvenile Probation Department and Brazos County Juvenile Probation Department concerning residential care services provided at the Robert N. Barnes Regional Juvenile Facility by the Nueces County Juvenile Department pursuant to license granted by the Texas Juvenile Justice Department, and/or any other appropriate State agency with licensure or regulatory authority over the facility. ARTICLE I PURPOSE 1.01 The purpose of this Residential Services Agreement is to provide Juvenile Probation with long term residential care for children adjudicated to have committed delinquent conduct or conduct indicating a need for supervision. The placement facility to be utilized operated by Service Provider, and is located at 2310 Gollihar Rd, Corpus Christi, Texas 78415. ARTICLE II TERM 2.01 The term of this agreement is for 12 months, commencing October 1, 2012 and ending September 30, 2013, unless one party notifies the other in writing, at least thirty (30) days prior to the expiration of said term- ARTICLE III SERVICES 3.01 Service Provider will provide the following level of care services: A. Moderate RESIDENTIAL CONTRACT Page 1 Vol. Pg — The level of care services delivery criteria as well as the required description of the characteristics of children will be in accordance with the definitions determined by the Texas Juvenile Justice Department. 3.02 Service Provider will perform the following services: A. Provide basic residential services, including: standard supervision by qualified adults, food and snacks, recreation, personal hygiene items, haircuts, transportation, school supplies, room, (rent, utilities, maintenance, telephone). B. Provide and document paraprofessional counseling, off - campus visits or furloughs, major incidents and worker contacts. Any and all costs associated with off - campus visits or furloughs will be paid by the parent or guardian. C. Initiate and document meetings and attempted meetings among Service Provider, Juvenile Probation staff and contracted children for the purpose of justifying continued placement. Justification shall be done at a minimum of every ninety (90) days. A copy of the placement justification shall be submitted to the Juvenile Probation Department within ten (10) working days. D. Ensure that the child's parent(s) or legal guardian(s) and the Juvenile Probation are notified if • child in placement makes an unauthorized departure, becomes seriously ill; or is involved in • serious accident. The Probation. Officer and parents will be informed immediately if during working hours. After normal working hours, every effort will be made to notify Juvenile Probation and the parents. In the event of serious illness or accident and for any required follow -up care Service Provider shall be responsible for having the child transported to the nearest hospital or emergency care facility. E. Provide to the Juvenile Probation Department a written Individualized Treatment /Case Plan developed in concert with the client and mutually agreed upon by the appropriate Service Provider staff and the Probation Officer within thirty (30) days of placement. Said individualized Treatment/Case Plan shall include measurement of progress towards goals in the following nine (9) domains: medical; safety and security; recreational; educational; mentalfbehavioral health; relationship; socialization; permanence; parent and child participation. Initiate and document meetings to review the Individualized Program Plan with the child and the assigned Residential Services Probation Officer at reasonable intervals, not to exceed ninety (90) days, to assess the child's progress toward meeting goals set forth, making modifications when necessary and determining the need for continued placement outside of the child's natural home. The Individualized Treatment Plan shall contain the reasons why the placement may benefit the client; shall specify behavioral goals and objectives being sought for each client; shall state how the goals and objectives are to be achieved in the placement; shall state how the parent(s), guardian(s), and, where possible, grandparents and other extended family members will be involved in the program plan to assist in preventing controlling the child's objectionable behavior. G. Maintain copies of the original Individualized Program Plan and the periodic reviews. H. Provide the Juvenile Probation Department with a written report of the child's progress on a monthly basis in a Monthly Progress Report RESIDENTIAL CONTRACT Page 2 Vol. — Pg' L Document and maintain records of all goods and services provided to contracted children. These records shall contain, but are not limited to: hours of services provided, number of children served, average length of stay per client, total hours of counseling or treatment provided. These records shall be made available to Juvenile Probation for periodic inspection. J. Document and maintain records pertaining to the effectiveness of goods and services provided to contracted children. These records shall contain, but are not limited to: percentage of youth in program successfully achieving set educational goals, percentage of youth achieving set vocational goals, percentage of youth achieving set social skills goals, percentage of youth demonstrating overall progress, number and type of investigations made by the Department of Family and Protective Services or any law enforcement agency due to reports of abuse and /or neglect. These records shall be made available to Juvenile Probation for periodic inspection. K. Any and all medical, dental psychiatric treatment and medication required to meet the needs of the child, as well as clothing, or other expenses not provided for in the Service Provider's program, shall be the sole responsibility of the said child's parent(s), guardian(s),. court ordered appointed conservator or Juvenile Probation, to -be paid by either Juvenile Probation or health insurance. However in no case shall a child be denied any needed medical /psychiatric treatment or clothing due to the inability to pay. ARTICLL IV EVALUATION CRITERIA 4.01 The performance of Service Provider in achieving the goals- of Juvenile Probation will be evaluated on the basis of the output and outcome measures contained in this section. Juvenile Probation, at its discretion, may use other means or additional measures to evaluate the performance of Service Provider in fulfilling the terms and conditions of the Agreement. A. Juvenile Probation shall evaluate Service Provider's performance under this Agreement according to the following specific performance goals for Service Provider: 1. Ensure children complete residential placement. 2. Prevent re- referrals of children during the six (6) months following release from residential placement. B. Juvenile Probation shall additionally evaluate Service Provider by the following output measures (in actual numbers of units of service and activities): 1. The total number of children placed in residential placement. 2. The total number of children who were discharged from residential placement successfully. 3. The total number of re- referrals of children discharged from placements within six (6) months after release.. 4. The total number of children who move down in their Level of Care. 5. The average length of time before a child moves down in the Level of Care. RESIDENTIAL CONTRACT Page 3 Vol. / 6- Pg. &7 C. Juvenile Probation shall further evaluate Service Provider by the following outcome measures: 1. Percentage of children in residential placement who will complete their placement as a successful discharge. 2. Percentage of children who have completed their placement and not re- referrals within six (6) months after release. Notwithstanding the foregoing criteria for evaluation, nothing herein shall be construed as a guaranty of outcome or performance by any child. 4.02 Service Provider shall report on a monthly basis to Juvenile Probation as to each of the foregoing output and outcome measures. These reports will be reviewed by Juvenile Probation in order to monitor Service Provider for programmatic compliance with this Agreement. ARTICLE V COMPENSATION 5.01 For and in consideration of the above - mentioned services, Juvenile Probation agrees to pay the Service Provider the sum of $90.00 per day for each juvenile, admitted under "Moderate" Level of Care. The daily rate shall be paid to the Service Provider from the initial intake date through the date prior to the exit date. There will be no charge on day of exit. 5.02 Psychiatric services will be provided to the child on an as needed basis and shall be billed to the Probation Department. The initial psychiatric /psychological evaluation for admission is required prior to acceptance into the program that has been conducted in within the last 12 months. 5.03 Service Provider will submit an invoice for payment of services to the Juvenile Probation Department on a monthly basis. Said invoice shall be submitted with ten (10) working days following the end of the invoiced month and shall include information. deemed necessary for adequate fiscal control, including but not limited to: to be attributed to specific clients if appropriate, date service was rendered, total daily cost, and total monthly cost. Each invoice received for payment will be reviewed by Juvenile Probation in order to monitor Service Provider for financial compliance with this Agreement. Invoices submitted by Service Provider in proper form shall be paid by Juvenile Probation in a timely manner. 5.04 If an emergency examination, EMS treatment, health care treatment, and/or hospitalization outside the Facility ( "Outside Treatment') are required for a child placed in the Facility, the Administrator of the Facility is authorized to secure the Outside Treatmentat the expense of the Juvenile Probation. Juvenile Probation agrees to indemnify and hold the Service Provider, its officers, administrator, representatives, agents, shareholders and employees from any and all liability for charges for Outside Treatment. The Administrator shall notify Juvenile Probation of outside treatment within twenty-four (24) hours of its occurrence. The Juvenile Probation Department shall make arrangements directly with vendors for the provision of, and payment for, routine medical expenses, including without limitation hospitalization, prenatal services, and dental, for Post - Adjudication, Program juveniles and other juveniles for whom the Administrator has not elected to secure such services as provided herein above. RESIDENTIAL CONTRACT Page 4 Vol. / ( Pg. a Notwithstanding the - foregoing, the Service Provider will endeavor to seek and obtain all benefits available from other sources for eligible. juveniles. Any income received by Service Provider from sources other than this contract, including but not limited to medical insurance coverage, or contributions from parents or others must be documented as to eachjuvenile for whom a billing is submitted and deducted from the invoice submitted to the Juvenile Probation Department. Documentation must include the name(s) and SID numbers of the parties receiving the services, the dates and time services were provided and such other information deemed necessary for adequate fiscal control. 5.05 Service Provider shall account separately for the receipt and expenditure of any and all state funds received from Juvenile Probation under this contract. Service Provider shall account separately for state funds received and expended utilizing the following Generally Accepted Accounting Practices (GAAP): 1. Service. Provider has an outside audit completed on a yearly basis which specifies receipt and expenditure of State funds. Service Provider shall forward a copy of the annual outside audit to Juvenile Probation by March I following the end of the fiscal year. 2. If Service Provider does not obtain an annual outside audit, then Service Provider shall provide a separate accounting of funds received from Juvenile Probation in whole or in part paid from state funds. The accounting shall clearly list the state funds received from Juvenile Probation and account for expenditures of said funds including documentation of appropriate expenditures as well as the year's tax forms and documentation. The accounting shall be provided to Juvenile Probation thirty (30) days prior to the renewal date of the contract. 5.06 It is understood and agreed by Service Provider that this Agreement is funded in whole or in part with grant or state funds and shall be subject to termination without penalty, either in whole or in part, if funds are not available or are not appropriated by the Texas Legislature. 5.07 In the event that State Reimbursement Rates are increased during the duration of the terms of this contract, the new rates will become effective reflecting those of the increase. 5.08 Service Provider agrees to make claims for payment or direct any payment disputes to Juvenile Probation's Fiscal Officer. Service Provider will not contact other department employees regarding any claims of payment. 5.09 Service Provider will provide certification of eligibility to receive State funds as required by Texas Family Code Section 231.006. 5.10 Except to the extent that a party to this Agreement seeks emergency judicial relief, the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. if a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. RESIDENTIAL CONTRACT Page 5 Vol. / UO2 Pg. ARTICLE VI ADDITIONAL TERMS & AGREEMENTS 6.01 Prior to transporting a child to the Facility for placement, the official authorizing the placement shall call the Facility to ensure that space is available. Placement of children by authorized officers of Juvenile Probation may be denied if space limitations require as determined by the Facility. 6.02 A child will only be accepted in the Facility upon receipt by the Facility Administrator of a proper order from the Juvenile Court of the County and other documentation required by Service Provider. 6.03 Each child placed in the Facility shall be required to follow the rules and regulations of conduct as fixed and determined by the Administrator and staff of the Facility. 6.04 If a child is accepted by the Facility from Juvenile Probation and the child thereafter is determined to be, in the sole judgment of the Administrator, mentally or physically unfit, dangerous, or unmanageable, unsuitable for the program or combination of such conditions or characteristics or whose mental or physical conduct would or might endanger the other occupants of the Facility, then the Administrator shall notify the Juvenile Probation Department of this determination. It will be the responsibility of Juvenile Probation to provide for the transportation for the removal of the child and shall be removed as soon as practicable, but in no event longer than seven (7) working days after notification. 6.05 Service Provider agrees that the Facility will accept any child who qualifies, without regard to such child's religion race, creed, sex or national origin. 6.06 It is understood and agreed by the parties that children placed in the Facility under proper orders of the appropriate Juvenile Court shall not be discharged from the Facility until the Administrator of the Facility receives a- written authorization from the Juvenile Probation Department that originally detained the child. 6.07 It is further understood and agreed by the parties that children placed in the Facility may be released to the Probation Officer or other appropriate authority of the Nueces County pursuant to: (a) 6.04 of this Agreement, (b) Order of Release signed by the Judge of the Juvenile Court of Nueces County. 6.08 It is further understood and agreed by the parties that nothing in this contract shall be construed to permit Nueces County, its agents, servants, or employees in any way to manage, control, direct or instruct Service Provider, its director, officers, employees, agents, shareholders and designees in any manner respecting its work, duties or functions pertaining to the maintenance and operation of the Facility. However, it is also understood that the Juvenile Court of Nueces County shall control the conditions and terms of detention supervision as to a particular child pursuant to Texas Family Code, Section 51.12. 6.09 Juvenile Probation reserves the right to terminate the client's placement with Service Provider at its discreti6n. Service Provider must not release a client to any person or agency other than Juvenile Probation without the express consent of an authorized agent of Juvenile Probation. RESIDENTIAL CONTRACT Page 6 Vol. &,3 p 70 ARTICLE VII ' EXAM INATION OF PROGRAM & RECORDS 7.01 Service Provider agrees that it will permit Juvenile Probation to examine and evaluate its program of services provided under the terms of this agreement and/or to review its record periodically. This examination and evaluation of the program may include site visitation, observation of programs in operation, interview and the administration of questionnaires to the staff of Service Provider and the children when deemed necessary. 7.02 Service Provider shall provide to Juvenile Probation such descriptive information contracted children as requested on forms provided by Juvenile Probation. 7.03 For purpose of evaluation, inspection, auditing or reproduction, Service Provider agrees to maintain and make available to authorized representatives of the State of Texas or Juvenile Probation any and all books, documents or other evidence pertaining to the costs and expenses of this Agreement. 7.04 Service Provider will keep a record of all services provided to Juvenile Probation under this Agreement, and upon reasonable notice will provide information, records, papers, reports, and other documents regarding services furnished as may be requested by Juvenile Probation. Service Provider will maintain the records (as referenced above) for three (3) years after the termination of this Agreement. 7.05 "Contractor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Contractor will. ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards. ARTICLE VIII CONFIDENTIALITY OF RECORDS 8.01 Service Provider shall maintain strict confidentiality of all information and records relating to children involved in Juvenile Probation, and shall not re- disclose the information except as required to perform the services to be provided pursuant to this Agreement, or as may be required by law. ARTICLE IX DUTY TO REPORT 9.Ot As required by § §261.101 and 261.405 of the Texas Family Code, Service Provider shall report any allegations or incident of abuse, exploitation or neglect of any child (including but not limited to a juvenile that has been placed by Juvenile Probation) within twenty -four (24) hours from the time the allegation is made, to all of the following: A. Local law enforcement agency (such as the Nueces County Sheriffs Office); RESIDENTIAL CONTRACT Page 7 vo l . 1&3 pg. Texas Juvenile Justice Department by submitting a TJJD Incident Report Form to facsimile number 1 -512- 424 -6717 (or if unable to complete the form within 24 hours, then by calling toll -free I- 377 - 736 - followed by submitting the report within 24 hours of said call); and C. Nueces County Juvenile Probation Department to facsimile number 361.561.6060 (Attn: Chief Juvenile Probation Officer). ARTICLE X DISCLOSURE OF INFORMATION 10.01 Service Provider warrants that, prior to entering this contract, it has verified and disclosed the following information to Juvenile Probation, and agrees that it shall have an ongoing affirmative duty under this Agreement to promptly ascertain and disclose in sufficient detail this same information to Juvenile Probation: A. Any and all corrective action required by any of Service Provider's licensing authorities; B. Any and all litigation tiled against the Service Provider, or against its employees, interns, volunteers, subcontractors, agents and /or consultants that have direct,contact with juveniles; C. Any arrest of any employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles; D. Any finding of "Reason to Believe" by a state regulatory agency in a child abuse, neglect and exploitation investigation where an employee, intern, volunteer, subcontractor, agent and/or consultant of the Service Provider that has direct contact with juveniles was the alleged or designated perpetrator; E. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors agents and /or consultants that have direct contact with juveniles that are registered sex offenders; and F. The identity of any of the Service Provider's employees, interns, volunteers, subcontractors, agents and /or consultants that have direct contact with juveniles that have a criminal history. For the purpose of this Agreement, the term "criminal history" shall include: (1) current felony or misdemeanor probation or parole; (2) a felony conviction or deferred adjudication within the past ten years; or (3) a jailable misdemeanor conviction or deferred adjudication within the past five years. ARTICLE XI EQUAL OPPORTUNITY 11.01 Service Provider agrees to respect and protect the civil and legal rights of all children and their parents. During the performance of this contract the Service Provider agrees it: (a) Will not discriminate against any child, childcare provider, parent, employee or applicant for employment because of race, color, religion, sex or national origin including but not limited to employment, promotion, demotion or transfer, recruitment or advertising, lay -off or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The Service Provider agrees to post in conspicuous places, available to RESIDENTIAL CONTRACT Page 8 Vol. / (O�.J Pg. 7,;z_ employees and applicants for employment, notices to be provided setting forth the provision of this non- discrimination. (b) Will, in all solicitations or advertisement for employees placed by or on behalf of the Service Provider, state that all qualified applicants for positions in the Facility, will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) Shall abide by all applicable federal, state and local laws and regulations. ARTICLE XI ASSIGNMENT & SUBCONTRACT 12.01 Service Provider may not assign or subcontract any of its rights, duties and /or obligations arising out of this Agreement without the written consent of Juvenile Probation. ARTICLE XIII OFFICIALS NOT TO BENEFIT 13.01 No officer, employee or agent of Juvenile Probation and no member of its governing body and no other public officials of the governing body of the locality or localities in which the project is situated or being carried who exercise any functions or responsibilities in the project, shall participate in any decision relating to this Agreement which affects or conflicts with his /her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. ARTICLE XIV DEFAULT 14.01 Juvenile Probation may, by written notice of default to Service Provider, terminate the whole or any part of this Agreement, as it deems appropriate, in any one of following circumstances: A. If Service Provider fails to perform the work called for by this Agreement within the time specified herein or any extension thereof, or B. If Service Provider fails to perform any of the other material provisions of this Agreement, including failure to achieve the defined goals, outcomes, and outputs, or so fails to prosecute the work as to endanger the performance of this Agreement in accordance with its terms, and in either of these two circumstances after receiving notice of default, Service Provider does not cure such failure within a period of ten (10) days. C. Except to the extent that a party to this Agreement seeks emergency judicial relief. the parties agree to negotiate in good faith in an effort to resolve any disputes related to this contract that may arise, no matter when the dispute may arise. If a dispute cannot be resolved by negotiation, the dispute shall be submitted to mediation before the parties resort to arbitration or litigation. The parties shall choose a mutually acceptable mediator to mediate the dispute, and the parties shall pay the costs of mediation services equally. D. The prevailing party in any lawsuit arising out of this Agreement will be entitled to Attorney's fees from the other party, including actions for declaratory relief. RESIDENTIAL CONTRACT Page 9 Vol. _ 3 pg. - -- 70 — E. All notices required under this Agreement shall be in writing. They shall be.sent by fax or by registered U.S. mail, return receipt requested, to the party address. A party must provide notice of a change of address during the term of this Agreement. Unless specified otherwise, notices required in this Agreement shall be deemed to have been received when actually receive. Captions in this Agreement are for convenience only and shall be deemed irrelevant in construing the provisions of the Agreement. G. The parties intend that, in construing and enforcing the provisions of the Agreement, mediators and judges shall give maximum effect to the principles of contractual freedom and contractual enforceability. H. If any court finds any provision of this Agreement to be invalid or unenforceable, this finding shall not affect the validity or enforceability of any other provision of the Agreement. No express or implied waiver by any party of any right of that party under this Agreement in any specific circumstance shall be considered to waive that right of that party in any other circumstance. J. The covenants and agreements in this Agreement are binding on and issued to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. ARTICLE XV TER,IIINATION 15.01 The term of this Contract shall be for a period of twelve months from the effective date: however, if either parry feels in itsjudgment that the contract cannot be successfully continued, and desires to terminate this contract, then the party so desiring to terminate may do so by notifying the other party in writing, by certified mail or personal delivery of its intention to terminated: A. By thirty (30) days from the date of the of the intention to terminate; or B. Upon expenditure of available funds. 15.02 If at any time during the term of this agreement Juvenile Probation, in its sole discretion, determines that the safety of children being served under this Agreement may be in jeopardy, Juvenile Probation may immediately suspend the effect of this Agreement, including but not limited to the obligation to pay, upon giving notice to the Service Provider. ARTICLE XVI WAIVER OF SUBROGATION 16.01 Service Provider expressly waives any and all rights it may have of subrogation to any claims of rights of its employees, agents, owners, officers, or subcontractors against Juvenile Probation. Service Provider also waives any rights it may have to indemnification from Juvenile Probation. RESIDENTIAL CONTRACT Page 10 Vol. 163 Pg. W ARTICLE XVII SOVEREIGN IMMUNITY 17.01 This Agreement is expressly made subject to Nueces County Sovereign Immunity, Title 5 of the Texas Civil Practices and Remedies Code, and all applicable federal and state law. The parties expressly agree that no provision of this Agreement is in any way intended to constitute a waiver or any immunities from suit or from liability that Nueces County has by operation of law. Nothing in this Agreement is intended to benefit any third parry beneficiary. ARTICLE X V III REPRESENTATIONS & WARRANTIES 18.01 Service Provider hereby represents and warrants the following: A. That it has all necessary right, title, license and authority to enter into this Agreement B. That it hold all necessary licenses and staff certifications to provide the type (s) of services being contracted for; that it is in compliance with all statutory and regulatory requirements for the operations of its business and that there are no taxes due and owing to the State of Texas, the County of Nueces or any political subdivision thereof, C. That it carries sufficient insurance to provide protection to Juvenile Probation and the indemnity provisions, as well as for any potential liability that arise form or related to this Agreement; and D. That all of its employees, interns, volunteers, subcontractors agents and /or consultants will be properly trained to report allegations or incidents of abuse, exploitation or neglect of a juvenile in accordance with the requirements of Texas Family Code Chapter 261 and any applicable Texas Juvenile Justice Department administrative rules regarding abuse, neglect and exploitation allegations. ARTICLE XIX TEXAS LAW TO APPLY 19.01 This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. ARTICLE XX VENUE 20.01 Exclusive venue for any litigation arising from this Agreement,shall be in Nueces County, Texas. ARTICLE XXI LEGAL CONSTRUCTION 21.01 In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity; illegality, or unenforceable provision shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained therein. RESIDENTIAL CONTRACT Page 11 Vol. Pg. ARTICLE XXII PRIOR AGREEMENTS SUPERSEDED 22.01 This Agreement constitutes the sole and only Agreement of the parties hereto and supersedes any prior understandings or written or oral Agreement between the parties respecting the within subject matter. This Contract and Agreement is executed with the declared intention of the parties that this Contract and Agreement is a contract providing for the care of children who have committed an act of delinquency or an act indicating a need for supervision, and payment for such care will be made by the county for the children placed in the Facility by the Judge of the county having juvenile jurisdiction. EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND EFFECT OF AN ORIGINAL. IN WITNESS 14TIEREOF, we here unto affix our signature this day of , 2012. NUECES COUNTY JUVENILE PROBATION DEPARTMENT Nueces County Juvenile Board 94" DistriAkourt Judge 1 Homer Flores Director /Chief Juvenile Probation Officer BRAZOS COUNTY JUVENILE PROBATION DEPARTMENT Chairman, Juvenile and RESIDENTIAL CONTRACT Page 12 Vol. / & Pg. 7 `+ Brazos County Purchasing Department 200 S. TX AVE., SUITE 352 BRYAN, TX 77803 PHONE (979) 361 -4290 FAX (979) 361 -4293 BRAZOS COUNTY BID /RFP /RFQ DOCUMENTATION SHEET The Purchasing Department would like to request Commissioner's Court approval to advertise and go out for proposals on the following: DATE: January 20, 2011 BID NUMBER: i REQUEST FOR PROPOSAL NUMBER: 2012 -46 REQUEST FOR QUALIFICATIONS NUMBER: TITLE: Employee Health, Dental and Vision Insurance REQUESTING DEPARTMENT: H uman Resources, APPROVAL SIGNATURE: County Judge DATE APPROVED: .� 1..1n'P_. Vol. _ /_= Pg• � 7 BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT. NUMBER 56001000 DATE OF COURT MEETING: June 19. 2012 ITEM: Consider and take action on acceptance of Aggie Acres into the Brazos County road maintenance system; the road (Reveille Road) and drainage structures are in compliance with the Brazos County Subdivision and Development Regulations Site is located in Precinct 1 SOURCE OF FUNDS: N/A NOTES /EXCEPTIONS: SUBMITTED BY: R. Alan Munger, P. County Engineer CC2012 -025 APPROVED BY: Wk� �cr Comm ssioner Lloyd Wassermann Precinct 1 This Request is Approved V (or) Denied by Commissioners' Court Date: JUYIe E. Duane Pe , Counij Judge Vol. � Pg. _ �— BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge DEPT, NUMBER 56001000 DATE OF COURT MEETING: June 19, 2012 ITEM: Consider and take action on the Final Plat of Indian Lakes Subdivision Phase XIII, 30.297 Acres J M Barrera Survey A -69 College Station. Brazos County, Texas. Site is located in Precinct 1. SOURCE OF FUNDS: N/A NOTES /EXCEPTIONS: Construction has been approved and Maintenance Bond is in place. SUBMITTED BY: APPROVED BY: R. Alan Munger, P Commissi ner Lloyd Wassermann County Engineer Precinct 1 CC2012 -028 This Request is Approved `� (or) Denied by Commissioners' Court Date: I UYYe r C E. Duane Pet@ , Coun udge Vol. /(0 Pg'- � ) � r \ P !% � \5 § \§ q . � \| / / / :) \{ a( w ) \ \ t \ )\ } � !f � f � )§ !§§ Q9) { T@ 9 V:�a . \ / &[ ( ()(1) � � \ \ 9 V:�a . BRAZOS.COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bride NUMBER 56001000 DATE OF COURT MEETING: June 19, 2012 ITEM: Consider and take action on the Final Plat of Meadowcreek Subdivision Phase 4B. 7.540 Acres Samuel Davidson League A -13 Brazos County Texas Site is locate in Precinct 1. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: SUBMITTED BY: V R. Alan Munger, P.E. County Engineer CC2012 -024 APPROVED BY: Comm' loner Lloyd Wassermann Precinct 1 This Request is Approved (or) Denied by Commissioners' Court Date: jQn 13 D oi E. Duane Pete s Count? \#udge Vol. '�— pg' -- Application for Development Deese use 0 Brazos County Subdivision and Department Regulations --]I Brazos Engineering Department 2617 2617 Hwy wy 21 2l West, Bryan; Texas 778113 (979) 822 -2127 Master Plan_ Final Plat ! Re-Plat_ Amending. Plat_ Property Descrlotion Road Location: Koppe Bddya Road Legal Description: Davidam Loa9ae A 1 - — Subdivision Description Subdivision Name: amado«mraak submvlaoo. 4e Total number of lots: se - Total Acreage: 7.54 _ Property Owner (),net name(s): aCs Development Company Current mai ling address: duo sH a soum. C011eye station, nags Phone number(s): an.alo.taaa -- Applicant or Authorized Agent, Engineer or Surveyor - Name and Address: AN F.nch, 4090 sH a Soum. College station. rz 77W Phone number(s): ara.eaa Name and Address: Joe Schulu. PE -smmu Engineadng. sec. P.O. Box 1 tees. Cdloge sraden, TX irW Phone number(s): ararsaaaou Application is for Residential (,) Mobile Home Park O. Commercial O' Other ( ) Is any of the property located in a Floodplain or Flood. Hazard areal No _ ( yes /no) Acknowledgment The flood hand boundary maps, and other flood data used by Brazos County in evaluting flood baurds to proposed developments are considered reasonable and acrarate for regulatory purposes and are based on the best era ilable sucntific and mgineering data On rare occasions greater floods an and will eeeur and flood heights my be increased by man -made or nature) causes. Issuance of a Floodplain Permit in accordance with the Bwas County Flood Damage Prevention Ordinance ones nos imply tha developmW outside the areas of special flood luzied will be flee frorn flooding or flood damage Lssusna of a permit shall not 'crate I ability on the part of Bra County or any officer or employee of Bmus County in the event flooding or flood damage does Decor. Is part or all of the property within-an ETJbf a City? YBS__ (yes/no) Will my construction occur in TxDOT right-of-ways? . N_o__ (yestno) Application Check List: Copies of finished plat with corrections (if any):; El 9 copies to Brazos County • One (1) copy to Brazos County Health Dept. • One (1) copy to Brazos County 91' 1 • One (I) copy to local Water District or Company Letters of approval {to be sent by the approving institution directly to Brazos County Engineering): ❑ Letter from Brazos County Health Dept. — For onsite sewage evaluation. Q Letter from. Brazos County 911 — For road names. ❑p Letter from Water District or Company.— Stating water availability,. etc.. If property is within an ETJ of aeity: ID Approval notification from appropriate city. Applicant attest that they have signed this application in the capacity designated, if my. and further attests that they have read document and the statement contained herein and any attached are true and factual. All applicants re encouraged to review the County Regulations prior to any plat submittal. It is understood that this is n i t finished or dated until all documents listed above are filed at the Brazos County En ' eeri Yc ', nd all applicable blanks are filled in the application above. 6 _j rZ I '-1 1' o c Date County Witness Date Pg' BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridge NUMBER 56001000 DATE OF COURT MEETING: June 19, 2012 ITEM: Consider an take action to rescind Commissioners Court ac tion 7/19/2011 app roving the Re plat of Falls Creek Ranch Subdivision. Site is located in Precinct 4. SOURCE OF FUNDS: N/A NOTES /EXCEPTIONS: Changes were made to the plat after Commissioners Court approval and prior to obtaining the required signatures and filing of record. SUBMITTED BY: v � � " I lld,� I I pL r Munger, CC2012 -026 This Request is Approved V (or) Denied by Commissioners' Court Date: E. Duane Peter ounty dge Vol. � Pg. APPROVED BY: BRAZOSCOUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT Road and Bridee NUMBL'R 56001000 DATE OF COURT MEETING: June 19, 2012 ITEM: Consider and take action on the Replat of Falls Creek Ranch Subdivision, recorded in Volume 5513, Page 298 (Official Records of Brazos County), 56.43 Acres, Moses Baine League, A -3, Brazos County, Texas. Site is located in Precinct 4. SOURCE OF FUNDS: N/A NOTES/EXCEPTIONS: SUBMITTED BY: P " R. Alan Munger, P. . County Engineer CC2012 -027 .APPROVED BY: Commissioner Irma auley Precinct 4 This Request is Approved v (or) Denied by Commissioners' Court Date: - Jtkn ', H , 9 OI Q E. Duane Pete Ounty AlIge Vol, _ Imo-- Pg.'�— The State of Texas, County of BRAZOS We, the undersigned, as County Commissioners within and for Brazos County, and the Honorable Duane Peters, County Judge of Brazos County, constituting the entire Commissioners' Court of Brazos County, during a regular meeting of said Court have examined the foregoing report and have caused an order to be entered upon the Minutes of the Commissioners' Court of Brazos County approving said Report as presented and submitted as true and correct by Laura Taylor Davis, Treasurer of Brazos County, as provided for in the Revised Statutes of the State of Texas. ( Texos Local Government Code, 11 d. 026) Witness my hand this 1�ay of� A.D. 2012 Karen McQueen County Clerk, County of BRAZ,OS, State of Texas Examined and approved in open Commissioners' Court this day of U rlc 2012, Duane Peters, Coun dge Lloyd Vasserma.;uh, Commissioner Precinct #1 Treasurer's Report for the MONTH APRIL 2012 Vol. � Pg• 2 5 S Cataleuet'Commissioner Precinct #2 v 1 3 9 �p o _ Pg. � v1 ....... .. . N m g W u , �2 1 .9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Z5 R . 4 1 t i n 2 1 4 bi b E z . z 1 8 ; 4 B = Y 00101 - 41 - 1 0 o N 1 2 v 1 3 9 �p o _ Pg. � BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 34.1-34.7 On this the 19th day of June 2012 at a regular meeting of the Commissioners' Court, the following members were present: 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 19th day of tune 2012 the Court heard and approved a budget amendment for the 2011 -2012 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 20 September 2011, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 19th day of June 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. By: Duane Peters, C ty Judge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes I P 9] Vol. 9- BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 34.1 611 9/2012 FUND DIV ACCT PROJ DRJCR ACCOUNT NAME Increase Decrease 0100 31000200 67342000 CR Fumiture 500.00 0100 31000200 65450000 CR Office Eq uipment Maint. 50.0 0100 31000200 60360000 DR Fumiture 550.00 Juvenile Services - Detention Reallocation of funds to r ackinp chairs for detention. Vol. I � 3 Pg. 3 9 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 34.2 6/1912012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 35500100 60 CR Food a nd Food Supplements 300.00 0100 35500100 60600000 CR _ Office Supplies 245.00 0100 35500 6111.0000 CR Conference & Seminar 800.00 0100 35500100 61500000 CR Printing 100:00 0100 355 61280000 DR _ Dues 100.00 0100 35500100 61801000 DR Travel 336.00 0100 35500100 65550000 DR _ _ _ Radio M aintenance 1,009.00 Emer enc Mana ement Reallocation of funds due to unplanned expenses in travel and radio maintenance. :Prepared 13 nnml Date: . ' •6!1312012 Vol. 16 p g• b 13RAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 34.3 Prepared By ' i nnm; Date.__ „... . _. 611312012'; Vol. Pg. _�= BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 34.4 e/w2n4? FUND DIV A CCT PROJ DR/CR ACCOUNT NAME Increase Decrease. 0100 13000100 60360000 CR Fumiture 1,540.0_0_ 0100 13000100 67342000 DR Furniture 1.540.00 Tax Assessor /Collector Reallocation of funds to the proper furniture account. Vol .�� �--Pg. 9 / BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 34.5 FUND DIV ACCT PROJ 0100 24201200 71500000 0100 24201200. 72 590000 _ 0700 24201200 (>0170000 0100 24201200 6 1801000 D R/CR CR CR CR DR on a <u it ACCOUNT NAME Increase Decrease Rental - E ui ment 305 . 0 0. Prof essional fr e es Co ierlPrinter 250.001 Travel 373.26 928.26 Justice of the "Ice, _Pct. 42.2 - Judge Munoz Reallocation of funds to cover ex enses for two seminars: and to ad u5t the negative balance. Prepared By nnrrr'' Date 611312012? Vol. l & Pg. BRAZOS. COUNTY. TEXAS BUDGET AMENDMENTS No. 11112 -34.6 Prepared,; By t nnm! 6113/2012 Vol. 61-3 P l J BRAZOS COUNTY,, TEXAS BUDGET AMENDMENTS No. 11112 - 34.7 fill 912012 FUNDI DIV ACCT PROJ DRICR ACC OUNT NAME Increase Decrease 0100 19000100 59100000 CR DDEA 564.00 0100 19000100 67203000 DR Minor Computer E quipment _ 178.00 0100 19000100 67281000 DR Minor Equipment - Electronic 386.00 I I I District Attornev - Administration Reallocation of funds to purchase a desktop eom uter and wireless keyboard for the Grand Jury Room. _ I f I I Prepared By ik ' nnm Vol. /6,3 Pg. ! 4 PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: June 19, 2012 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Employee Request Action Requested Request(s) Applies To Brazos Center Gonzales, Rickey Step Increase Juvenile Ellis, David Christopher New Hire Stevens, Julia Retirement S.O. Jail Benavides, Francisco Step Increase Carpio, Regina Step Increase Dill, Johnathan Step Increase Hamilton, Tracey Step Increase Harvey, Terri New Hire Henderson, Brandon Step Increase Keen, Lashonda Step Increase Phariss, William Resignation Prestwood, Paul Step Increase Reed, Eric Step Increase Seegers, Robert New Hire Thomas, Luke Step Increase Treasurer Perez, Laura Transfer Win Dept. Approved in Commissioners' Court: June 19, 2012: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) Vol. 163 Pg. ?-5 Brazos County Purchasing Department Weekly Update 6/8/12 — 6/14/12 Number of PO's Processed: 73 Requisitions Completed: 2 Capital Payments: 2 Projects In Progress Construction Courthouse: Phase III - Currently working on detention area on 1" floor o Texture, tape and float - Currently working on mechanical yard in courtyard area - Elevator in progress c Backfilling basement area to pour slab Bids/ RFP's /RFQ's RFQ for MPO RFQ for Surveyor RFQ for Tax Office Architect Cold Mix Limestone Poly Jute Dust Control Inmate Telephone Services 12" Rip Rap Sale of Scrap Metal Asphalt and Emulsions Hot Mix Asphalt Employee Insurance - Solicitation in progress - Solicitation in progress -Bid opens 6/27 -Bid opens 6/1.9 -Dept. reviewing specs -Bid opens 6/19 - Specifications in progress -Bid opens 6119 -Bid opens 6119 -Bid opens 6/19 -Bid opens 6/19 -To advertise 6122 Renewals Legal Ads -in progress Solicitation of Quotes Benches for Magistrate Courtroom AN for Magistrate Courtroom - Quotes under evaluation - Solicitation in progress Vol. 113 p 96 Other Auction - Auction currently underway - Items can be viewed at htto: / /lonestarauctioneers.com/ Purchasing Policy - Reviewing and revising policy Assets - Reconciliation of Period 8 is in progress Print Management - Working with IT department and vendor to have 3 month printing analysis done Roof Replacement - Working on proposal to write specifications Appliance Policy - Versions in progress for Court review - Currently under review by Auditor's office ACKNOWLEDGED Duane Peters Date County Judge Vol. / & Pg. /