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Home My WebLink About2012-08-21-10:00 AM-REGULAR SESSIONBRYAN,TEXAS NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT THE COMMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR SESSION ON AUGUST 21, 2012 AT 10:00 AM IN THE COMMISSIONERS COURTROOM OF THE COUNTY ADMINISTRATION BUILDING, 200 SOUTH TEXAS AVE., SUITE 106, BRYAN, TX 77803 Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and /or concerns. Consider and take action on agenda items 3 -17: 3. Create position of Acting Agency Head in the Office of County Constable Precin 1. • Class Code 1598 Position 1 Pay Code 25 Salary -Law Enforcement Group 25, Ste 10. 4. Appointment of Acting Agency Head in the Office of County Contable Precinct 1. 5. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2013. Cita republicanos v demdcratas Para Juez Presidente v Magistrado suplente por un periodo de un ano, hasta el 31 de iulio de 2013. 6 Appointment of Central Count Staff for the November 6. 2012 General Election. La cita del Personal Central de Contada Para la Eleccion general el 6 de noviembre de 2012. 7, Request for a 90 day extension of the Comp Time Policy for Expo Complex hourly employees to carry over accured comp hours Into FY 2013. 8. Consider and take action on TCEO Agreed Order Docket No 2012 - 0300 - PST -E. This Order replaces the previous order considered and approved by the commissioners and varies from the previous order Vol. --- i --=-- Pg.— �=-s -- BRAZOSCOUNTY f, only by providing for a supplemental environmental project. 9, Ind igent Care Affiliation Agreement between Brazos County and College Station Me dical Cen ter. 10. Rene of the Memorandum of Understanding with Texas A &M University - Department of Psychology for Psychololacal Evaluations of Peace Officers Jailers, Communications Officers, and other employees. 11, Contract # 23940058 with the Texas Department of Family and Protective Services for Ti IV -E Child Welfare Services for fiscal year 2013 12. Co ntract # 23940059 with the Texas Department of Family and Protective Services for Tit IV -E Legal Services for fiscal year 2013. 13, Re permission to enter private property owned by Charlotte Woods located at the inte of 14. Tax Refund Applications for the following: • a Edward Williams Jr.- overpayment -$6.53 • b Marshall L & Belinda V. Wortham - overpayment- $86.00 • c S & V Partnership - overpayment- $1811.63 • d. Red Mango - overpayment- $60.04 • e Richard Pena - overpayment- $147.61 • f Martha Palm Cannon Estate - overpayment - $48.50 15. Budget Amendments. Budget Amendments FY 11/12 43.1 thru 43.9 16. Personnel Change of Status. Personnel Action Forms 17. Payment of Claims. 18. Acknowledgement of the Brazos County Purchasing Department Update for August 16 - 23 2 19. Sheriff's report on inmate population. 20. Announcement of interest items and possible future agenda topics. 21. Call for Citizen input and /or concerns. 22. Adjourn. Vol. (9 1 P 4 3-7 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 Commissioners Courtroom of the County Administration Building, 200 South Texas Ave., Suite 106, Bryan, TX 77803 is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive services must be made two working days before the meeting. To make arrangements, please call (979) 361 -4102. Vol. 1 (0 pg. 1,-59' BRYANJEXAS MINUTES August 21, 2012 BRAZOS COUNTY COMMISSIONERS COURT REGULAR MEETING Signature Paae.r)df File Stamped Aaenda.gdf Sian in sheet odf A regular meeting of the Commissioners' Court of Brazos County, Texas was held in the Brazos County Commissioners Courtroom in the Administration Building, 200 South Texas Avenue, in Bryan, Brazos County, Texas, beginning at 10:00 a.m. on Tuesday, August 21, 2012 with the following members of the Court present: Duane Peters, County Judge, Presiding; Lloyd Wassermann, Commissioner of Precinct 1; Sammy Catalena, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Irma Cauley, Commissioner of Precinct 4; Karen McQueen, County Clerk, Absent. The attached sheets contain the names of the citizens and officials that were in attendance. 1. Invocation and Pledge of Allegiance - Chaplain G.H. Jones and Judge Peters 2. Call for Citizen input and /or concerns. There was no citizen input. Consider and take action on agenda items 3 -17: Vol. O (g , J 5 Pg• ! BRAZOS COUNTY 3. Create position of Acting Agency Head in the Office of County Constable Precinct 1.Class Code 1598, Position 1, Pay Code 25 Salary -Law Enforcement, Group 25, Step 10. Item 3.pdf Approved as submitted. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 4. Appointment of Acting Agency Head in the Office of County Contable Precinct 1. Item 4.pdf Jeff Reeves was appointed Acting Agency Head in the Office of County Constable Precinct 1. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 5. Republican and Democratic appointment for Presiding Judge and Alternate Judge for a period of 1 year, ending on July 31, 2013. ID Item 5.pdf Cita republicanos y democratas para Juez Presidente y Magistrado suplente por un periodo de un ano, hasta el 31 de Julio de 2013. Approved as submitted. A copy of the list is attached. Motion: Approve, Moved by Commissioner Kenny Mallard, Seconded by County Judge Duane Peters. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters, Wassermann . 6. Appointment of Central Count Staff for the November 6, 2012 General Election. lb Item 6.pdf La cita del Personal Central de Contada para la Eleccion general el 6 de noviembre de 2012. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Sammy Catalena. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters , Wassermann . 7. Request for a 90 day extension of the Comp Time Policy for Expo Complex hourly employees to carry over accured comp hours into FY 2013. lb Item Todf Approved as submitted. This request was necessitated due to the number of events scheduled right around the deadline that make it impossible to manage the events while being short handed. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Vol. 1 (9-5 Y9• 1 +1) 8. Consider and take action on TCEQ Agreed Order, Docket No. 2012 - 0300 - PST -E. This Order replaces the previous order considered and approved by the commissioners and varies from the previous order only by providing for a supplemental environmental project. Item 8.pdf Approved as submitted. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 9. Indigent Care Affiliation Agreement between Brazos County and College Station Medical Center. Approved as submitted. In reference to the Section 1115 Demonstration Waiver for the Texas Healthcare Transformation and Quality Improvement Program, Brazos County already has a memorandum of understanding in place with St. Joseph Hospital. This will allow the Brazos County to get matching grants funds back from Medicare. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 10. Renewal of the Memorandum of Understanding with Texas A &M University - Department of Psychology for Psycholoigcal Evaluations of Peace Officers, Jailers, Communications Officers, and other employees. Item 10.pdf The cost to Brazos County will be $250 per psychological evaluation and $110 per psychological reevaluation. A copy is attached. Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann . 11. Contract # 23940058 with the Texas Department of Family and Protective Services for Title IV -E Child Welfare Services for fiscal year 2013 Item 11.pdf Approved as submitted. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard , Peters, Wassermann. 12. Contract # 23940059 with the Texas Department of Family and Protective Services for Title IV -E Legal Services for fiscal year 2013. Item 12.pdf Approved as submitted. A copy is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, Mallard, Peters, Wassermann . 13. Request permission to enter private property owned by Charlotte Woods located at the Vol. l G 5 pg. intersection of Zweifel Road and Locke Road for the purpose of removing trees and underbrush to improve sight distance at said intersection. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. Item 13.odf Approved as submitted. Road and Bridge will be adding approximately 6 T -posts along Locke Road and trying to save any trees that are growing straight up. The temporary fence is for the horses. Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . 14 Tax Refund Applications for the following: Item 14.odf • a. Edward Williams, Jr.- overpayment -$6.53 • b. Marshall L. & Belinda V. Wortham- overpayment - $86.00 • c. S & V Partnership- overpayment - $1811.63 • d. Red Mango- overpayment - $60.04 • e. Richard Pena - overpayment - $147.61 • f. Martha Palm Cannon Estate - overpayment - $48.50 Motion: Approve, Moved by Commissioner LLoyd Wassermann, Seconded by Commissioner Irma Cauley. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard , Peters , Wassermann . 15 Budget Amendments. Budget Amendments FY 11/12 43.1 thru 43.9 Item 15-ad 43.1 Reallocate funds for County Clerk - Elections 43.2 Transfer funds from General Fund Contingency to County Clerk Elections 43.3 Reallocate funds for Justice of the Peace, Precinct 4 43.4 Transfer funds from General Fund Contingency to Court Support Civil 43.5 Transfer funds from General Fund Contingency to Sheriff - Jail Administration 43.6 Reallocate funds for the Brazos Center 43.7 Transfer funds from General Fund Contingency to Sheriff Administration 43.8 Transfer funds from General Fund Contingency to Sheriff Administration 43.9 Reallocate funds for Constable Precinct 1 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Kenny Mallard. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . fit-I Personnel Change of Status. Personnel Action Forms ID Item 16.odf A copy of the Personnel Change of Status Requests is attached. Motion: Approve, Moved by Commissioner Irma Cauley, Seconded by Commissioner LLoyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena, Cauley, Mallard, Peters, Wassermann . Vol. Pg. Oa 17. Payment of Claims. TO Claims Sheet.pdf BILL LIST 08.21.12.odf 7101196 through 7101426 Motion: Approve, Moved by Commissioner Sammy Catalena, Seconded by Commissioner Lloyd Wassermann. Passed. 5 -0. Members voting Aye: Catalena , Cauley, , Mallard , Peters, Wassermann . 18. Acknowledgement of the Brazos County Purchasing Department Update for August 16 - 23, 2012 ID Item 18.0df The Court acknowledged receipt of the Purchasing Department Weekly Update. 19. Sheriff's report on inmate population. Sheriff Chris Kirk stated there were 557 inmates in jail, 33 have electronic monitors and 28 are pending for monitors. 20. Announcement of interest items and possible future agenda topics. Commissioner Mallard said he attended the Urban Transportation Conference last week. There was tough news on road work, but they are working hard on finding ways to get it done. He also learned while attending this conference that the Texas Central Railway has put out a brochure with High Speed Rail and the cities of Bryan and College Station are included in the route. Commissioner Cauley announced that the Brazos Valley Fair and Expo will be held September 6 -9. They are still looking for volunteers . She also mentioned that she had received the schedule on implementing the computer justice system. It is posted in the calendar of events on the website. 21. Call for Citizen input and /or concerns. 22. Adjourn. Vol (O —vg. 143 The foregoing minutes of the Commissioners Court meeting held August 21, 2012 have been examined and are approved in open Court this day of 2012, in Bryan, Brazos County, Texas. Duane Peters Lloyd sermann County Judge Commissioner, Precinct 1 Ke y Mallard Commissioner, Precin t 3 Irma Caule� --- Commissioner, Attest: 0 Vol l V Page I JI BRAZOS COUNTY COMMISSIONERS COUR MEETING ON �� 2012 AT Name (PLEASE PRINT) Organization /Department �� 6 1 �-` � fggG Ct A?-C H V N�ow m t24 �! , o L Mw z BRAZOS COUNTY COMMISSIONERS COURT MEETING ON 2012 AT /o'G0,aiyt Name (PLEASE PRINT) Organization /Department — 7& A) r/ v C69 qJ Le t & c CALh wr--tit, c 14- V.I. Prescribed by Secretary of State Section 32.002 (d), V.T.C.A.,.Election Code 8/07 I, Karen McQueen, County Clerk of Brazos County do hereby submit the following persons for appointment as presiding judge and alternate judge for elections conducted by the county as required upon receipt of timely list(s) submitted by the appropriate political party chairs or as recommended by me if no list(s) were submitted timely by party chairs. The appointment will be a 1 year term, ending on July 31, 2013. Yo, Karen McQueen, Escribienie del Condado, del condado de Brazos someto por este medio pars nombrar las personas siguientes como juez de presidencia y juez alterno para las elecciones conducidas por el condado como requerido, segrin el recibo de las listas oportunas sometidas por las sillas politicos apropiadas delpartido o segrin to recomendado por mi si no hay listas oportunas sometidas al lado de las sillas del partido. La cita sera un tirmino de 1 ario, terminando el 31 de julio de 2013. Precinct No No. del recinto Presiding Judge Juez de presidencia Alternate Judge Juez alterno 1 Michael Bobiniski R Verna Ruth Mathis D 3/23 Connie Hooks R Harold Eaton D 4/18/79/43 Shirley Carter D Sonia Gangotena R 5/48/60/61/37 Nora Lee Moore R Marilyn Moore D 6 Lois Williams R Corbet Perkins -D 7 Lola Peterson R Helen Wager D 8 Thala Hooks R Jack Miller. D 9 Terri Stewart R Raul Castillo D 11/21/22 Arthur Pinto R Lucy Smith D 12 Diana Davis R Margaret Elbrich D 13 Mary Herron R Princess Jones D 14/5.7 Jesse Ostiguin D Arlene Candia R 15 Debbie Pipes R Walter Morano D 16/52 Betty McCrary R Barry Clar D 17 Murrey Bennett R Paul Peterson D 19/30/47/46/77 Bernice Ward R Lupe Ostiguin D 20 Bob Davis R Bob Presley D 24/53/58 Rodger Lewis R Jackie Girouard D 25/62/64/81 Kathy Nichols D Dennis Barr R 27/42/56 Al Nichols R Robert Martinez D 28/68 Heneritta Littlejohn R Peggy Watson D 29 Mason Newton R Ruby Ellis D 31 Al Postelwait R Jean Cangelose D 33/74/49/72 1 Andre Steen D Donald Tracey R Vol. 1 (9 pg. Precinct No No. del recinto Presiding Judge Juez de presidencia Alternate Judge Juez alterno 34 Ron Glenn R Joe Callaway D 35 Roland Brauer R Charles Frazier D 36 Peggy Sampson R Oscar Chavarria D 38 Barbara Cooper D Royce Overstreet R 39 Bill Edison R Gene Charleton D 40 Peter Grandjean R Paul Parrish D 41/59 Dixie Tracey R Judy Bochner D 45/78/44 George McDonald R Lynn Krueger D 63/26 Marla Calvin R Barry Bauerschlag D 65/2/50/51/71/32 / Patricia Lassiter R Carol Davis -Rios D 82/83/69 70/67 Marvin Emshoff R Kyle Walker D 80/10 Doris Milam R Pam Schneider D S Issued this the of August, 2012. Emitado este dia e agosto de 2012. Appra ed• Duane Peters, Brazos County Judge Juez del Condado de Brazos Vol. i &5 p '1 Prescribed by Secretary of State Section 32.002 (d), Y.T.C:A., Election Code 1/86 Appointment of Central Count Staff (La•cita del Personal Central de-Contado) I, Karen McQueen, County Clerk of Brazos County do hereby recommend the following persons be appointed for the November 6, 2012 General Election, conducted by the county. (Yo, Karen McQueen, Escribiente del Condado de Brazos, recomiendo por este medio que a las personas'siguientes sean designadas para la Elecci6n general, conducida por el Condado, el 6 de noviembre de 2012) Name Position Party (Nombre) (Posici6n) (Parildo) Early Voting Bernice Lewis Judge Republican Ballot Board: (Juez) (Republican) (Junta de boleta de Corbet Perkins Alternate Judge . Democratic votaci6n adelantada) (Alterno Juez) (Dem6crata) Central Counting Darlene Nichols Manager Station: (Administrador) (Estaci6n central de Bernice Lewis Judge Republican escrutinio) (Juez) (Republican) Debbie Lange Alternate Judge Democratic (Alterno Juez) (Dem6crata) Tabulators: Cray Crouse (Tabulador) Tracy Price , Tabulation Supervisor (Supervisor de la Tabulaci6n) Assistant Tabulator (Ayudante del Tabulador) Ben Truong Issued this (Emitado este dia Assistant Tabulator (Ayudante del Tabulador) day of August, 2012. i — We augusto de 2012) Approved:, Duane Peters, Brazos. County Judge (Juez del Condado de- Brazos) Vol. f p g. l Bryan W. Shaw, Ph.D., Chairman 0 ,0 ,ZR Carols Rubenstein, Commissioner Toby Baker, Commissioner Zak Covar, Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution August 10, 2012 Mr. Bill Ballard Brazos County Attorney's Office Brazos County 200 S. Texas Ave. Ste. 325 Bryan, Texas 77803 Re: TCEQ Enforcement Action Brazos County; Docket No. 2012 - 0300 -PST - E FOR SETTLEMENT PURPOSES ONLY Dear Mr. Ballard: Please find enclosed a proposed Agreed Order regarding the above referenced enforcement action against Brazos County. The Agreed Order has been amended to include the opportunity for your client to contribute to a Supplemental Environmental Project (SEP). If acceptable, please have your client sign and date the enclosed Agreed Order on page 6 (the signature page), where indicated, and send all pages of the original Order back. Please do not mark on any other page of the Order. We desire to have this matter considered promptly by the Commission. Accordingly, we need to have the signed Agreed Order within ten days of the date of this letter. If the Order is not signed within that time period, more formal enforcement procedures, such as a contested case evidentiary hearing, may be required to resolve this matter. Please forward the signed Order to the following address: Texas Commission on Environmental Quality Litigation Division Attention: Karl L. Gilbreth, MC 175 P.O. Box 13088 Austin, Texas 78711 -3088 Once we receive the signed Order with the Attachment, the Executive Director will determine whether to set the matter for the Commission's consideration. If the Executive Director recommends adoption of the Order, and the Commission adopts the Order, you will receive - a copy with all listed signatures. If the Commission gives final approval to the proposed Order, your client should wait to receive the signed Order from the Chief Clerk's Office. After your client receives the signed Commission Order, your client will need to submit a check in the amount of six thousand two hundred fifty dollars ($6,250.00), made payable to the entity and address listed in Item 2 of Attachment A to the Agreed Order. Please include a note with the check explaining that this payment is for Brazos County's Supplemental Environmental Project and include the docket number listed above. This is essential for the money to be logged properly so that this enforcement matter may be more readily resolved. Further instructions are provided in the Attachment A. P.O. Box 13087 • Austin, Texas 78711 -3087 • 512 -239 -1000 • tceq.texas.gov How is our customer service? tceq .texas.gov /goto /customersurvey p;nn regded paper 1 5 D VOI. t (Q l ` '� 5 P$• Mr. Bill Ballard August 10, 2012 Page 2 It is important to note that your client should not send payment until it receives approval of the Agreed Order in the form of a date - stamped document from the TCEQ Commission. If you have any questions, please do not hesitate to contact me at (512) 239 -1320. Thank you for your prompt attention to this matter. Sincerely, 4 i r , . Karl Gilbreth, Attorney Office of Legal Services, Litigation Division Texas Commission on Environmental Quality Kari.gilbreth@tceq.texas.gov Enclosure cc: Thomas Greimel, Waste Enforcement Section I&_5 P Vol.___ g• TEXAS COMMISSION ON ENVIRONMENTAL QUALITY A TE Opt. �� IN THE MATTER OF AN § BEFORE THE ENFORCEMENT ACTION § TEXAS COMMISSION ON CONCERNING § BRAZOS COUNTY; § RN102016557 § ENVIRONMENTAL QUALITY AGREED ORDER DOCKET NO. 2012 - 0300 -PST - E I. JURISDICTION AND STIPULATIONS On , the Texas Commission on Environmental Quality ( "Commission" or "TCEQ ") considered this agreement of the parties (the "Agreed Order "), resolving an enforcement action regarding Brazos County ( "Respondent ") under the authority of T EX. WATER CODE chs. 7 and 26. The Executive Director of the TCEQ, represented by the Litigation Division, and Respondent, represented by Bill Ballard of the Brazos County Attorney's Office, together stipulate that: 1. Respondent owns and operates, as defined in 30 TEX. ADMIN. CODE § 334.2(73) and (70), an underground storage tank ( "UST ") system and fleet refueling facility located at 2617 Highway 21 West in Bryan, Brazos County, Texas (the "Facility "). The USTs at the Facility are not exempt or excluded from regulation under the Texas Water Code or the rules of the Commission, and contain a regulated petroleum substance as defined in the rules of the TCEQ. 2. This Agreed Order is entered into pursuant to TEX. WATER CODE §§ 7.051 and 7.070. The Commission has jurisdiction of this matter pursuant to TEX. WATER CODE § 5.013 because it alleges violations of TEX WATER CODE ch 26 and TCEQ rules. 3. The Executive Director and Respondent agree that the Commission has jurisdiction to enter this Agreed Order, and that Respondent is subject to the Commission's jurisdiction. 4. The occurrence of any violation is in dispute and the entry of this Agreed Order shall not constitute an admission by Respondent of any violation alleged in Section II ( "Allegations "), nor of any statute or rule. 5. An administrative penalty in the amount of six thousand two hundred fifty dollars ($6,250.00) is assessed by the Commission in settlement of the violations alleged in Section H. Pursuant to TEX WATER CODE § 7 .067, six thousand two hundred fifty dollars ($6,250.00) of the administrative penalty shall be conditionally offset by Respondent's timely and satisfactory completion of a Supplemental Environmental Project ( "SEP ") as defined in the SEP Agreement ( "Attachment A" - incorporated herein by reference). Respondent's obligation to pay the conditionally offset portion of the administrative penalty assessed by this Agreed Order shall be discharged upon full compliance with all the terms and conditions of this Agreed Order, which includes timely and satisfactory completion of all provisions of the SEP Agreement, as determined by the Executive Director. Vol. 1 (0 Pg. 1 5a"� Brazos County Docket No. 2012- 0300 -PST -E Page 2 If Respondent fails to timely and satisfactorily comply with any requirement contained in this Agreed Order, including the SEP Agreement and any payment schedule, the Executive Director may, at his option, accelerate the maturity of the remaining installments, in which event the conditionally offset portion of the administrative penalty shall become immediately due and payable without demand or notice. The acceleration of any remaining balance constitutes the failure by Respondent to timely and satisfactorily comply with all the terms of this Agreed Order, and the Executive Director may require Respondent to pay all or part of the conditionally offset administrative penalty. 6. Any notice and procedures which might otherwise be authorized or required in this action are waived in the interest of a more timely resolution of the matter. 7. The Executive Director and Respondent agree on a settlement of the matters addressed in this Agreed Order, subject to final approval in accordance with 30 TEX. ADMIN. CODE § 70.10(a). 8. The Executive Director recognizes that the Respondent repaired and successfully tested the corrosion protection system on June 28, 2011. 9. The Executive Director may, without further notice or hearing, refer this matter to the Office of the Attorney General of the State of Texas ( "OAG ") for further enforcement proceedings if the Executive Director determines that Respondent has not complied with one or more of the terms or conditions in this Agreed Order. 10. This Agreed Order shall terminate five years from its effective date or upon compliance with all the terms and conditions set forth in this Agreed Order, whichever is later. 11. The provisions of this Agreed Order are deemed severable, and, if a court of competent jurisdiction or other appropriate authority deems any provision of this Agreed Order unenforceable, the remaining provisions shall be valid and enforceable. II. ALLEGATIONS 1. During an investigation conducted on February 15, 2011, and a record review conducted on January 26, 2012, a UT- Arlington PST Program investigator (TCEQ contractor) documented that Respondent: 2. a. Failed to provide proper corrosion protection for the UST system, in violation of TEX. WATER CODE § 26.3475(d) and 30 TEX. ADMIN. CODE § 334.49(a)(1). Specifically, the cathodic protection system was not tested for operability and adequacy of protection at a frequency of at least once every three years; and b. Failed to monitor the USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), in violation of TEX. WATER CODE § 26.3475(c)(1) and 30 TEX. ADMIN. CODE § 334.50(b)(1)(A). 3. Respondent received notice of the alleged violations on or about January 31, 2012. Vol. ( ( 5 Pg. 163 Brazos County Docket No. 2012 - 0300 -PST -E Page 3 III. DENIALS Respondent generally denies each Allegation in Section II. IV. ORDERING PROVISIONS 1. It is, therefore, ordered by the TCEQ that Respondent pay an administrative penalty as set forth in Section I, Paragraph 5, above. The payment of this administrative penalty and Respondent's compliance with all the terms and conditions set forth in this Agreed Order resolve only the Allegations in Section II. The Commission shall not be constrained in any manner from considering or requiring corrective actions or penalties for violations which are not raised here. 2. Respondent shall implement and complete a SEP as set forth in Section I, Paragraph 5, above. The amount of six thousand two hundred fifty dollars ($6,250.00) of the assessed administrative penalty is conditionally offset based on the condition that Respondent implement and complete a SEP pursuant to the terms and conditions contained in the SEP Agreement, as defined in Attachment A. Respondent's obligation to pay the conditionally offset portion of the assessed administrative penalty shall be discharged upon full, final, and satisfactory completion of all provisions of the SEP Agreement, as determined by the Executive Director. Administrative penalty payments for any portion of the SEP deemed by the Executive Director as not complete shall be paid within 30 days after the date the Executive Director demands payment. 3. Respondent shall undertake the following technical requirements: a. Within 30 days after the effective date of this Agreed Order, Respondent shall install and implement a release detection method for the piping associated with the USTs at the Facility, in accordance with 30 TEX. ADMIN. CODE § 334.50. b. Within 45 days after the effective date of this Agreed Order, Respondent shall submit written certification to demonstrate compliance with Ordering Provision No. 3.a. The certification shall be accompanied by detailed supporting documentation, including photographs, receipts, and /or other records, shall be notarized by a State of Texas Notary Public, and shall include the following certification language: "I certify under penalty of law that I have personally examined and am familiar with the information submitted and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Respondent shall submit the written certification and supporting documentation necessary to demonstrate compliance with these Ordering Provisions to: Vol. & Pg. 15 4 Brazos County Docket No. 2012 - 0300 -PST -E Page 4 Order Compliance Team Texas Commission on Environmental Quality Enforcement Division, MC 149A P.O. Box 13087 Austin, Texas 78711 -3087 and: Frank Burleson, Waste Section Manager Texas Commission on Environmental Quality Waco Regional Office 6801 Sanger Ave., Ste 2500 Waco, TX 76710 -7826 4. All relief not expressly granted in this Agreed Order is denied. 5. The duties and provisions imposed by this Agreed Order shall apply to and be binding upon Respondent. Respondent is ordered to give notice of this Agreed Order to personnel who maintain day -to -day control over the Facility operations referenced in this Agreed Order. 6. If Respondent fails to comply with any of the Ordering Provisions in this Agreed Order within the prescribed schedules, and that failure is caused solely by an act of God, war, strike, riot, or other catastrophe, Respondent's failure to comply is not a violation of this Agreed Order. Respondent shall have the burden of establishing to the Executive Director's satisfaction that such an event has occurred. Respondent shall notify the Executive Director within seven days after Respondent becomes aware of a delaying event and shall take all reasonable measures to mitigate and minimize any delay. 7. The Executive Director may grant an extension of any deadline in this Agreed Order or in any plan, report, or other document submitted pursuant to this Agreed Order, upon a written and substantiated showing of good cause. All requests for extensions by Respondent shall be made in writing to the Executive Director. Extensions are not effective until Respondent receives written approval from the Executive Director. The determination of what constitutes good cause rests solely with the Executive Director. 8. This Agreed Order, issued by the Commission, shall not be admissible against Respondent in a civil proceeding, unless the proceeding is brought by the OAG to: (1) enforce the terms of this Agreed Order; or (2) pursue violations of a statute within the Commission's jurisdiction, or of a rule adopted or an order or permit issued by the Commission under such a statute. 9. This Agreed Order may be executed in separate and multiple counterparts, which together shall constitute a single instrument. Any page of this Agreed Order may be copied, scanned, digitized, converted to electronic portable document format ( "pdf "), or otherwise reproduced and may be transmitted by digital or electronic transmission, including but not limited to facsimile transmission and electronic mail. Any signature affixed to this Agreed Order shall constitute an original signature for all purposes and may be used, filed, substituted, or issued for any purpose for which an original signature could be used. The term "signature" shall include manual signatures and true and accurate reproductions of manual signatures created, executed, endorsed, adopted, or authorized by the person or persons to whom the Vol. ) (0 5 Pg. [ 55. Brazos County Docket No. 2012- 0300 -PST -E Page 5 signatures, are attributable. Signatures may be copied or ,reproduced digitally, electronically, by photocopying, engraving, imprinting lithographing, electronic mail, facsimile transmission, stamping, or any other means or process. which the Executive Director deems, acceptable. In this paragraph exclusively, the terms "electronic transmission" "owner" "person" "writing" and "written" shall have the meanings assigned to them under. TEx: Bus. ORG. CODE § 1.002.. 10. Pursuant to 30 T EX.. ADMIN. CODE § 70 .10(b) and TEX. Gov't CODE § 2001.142 the effective date of this Agreed Order is the date of hand delivery of this Agreed Order to Respondent, or three days after the date on which the Commission mails a_ copy of the fully executed Agreed Order to Respondent, whichever is earlier. ,:. Vol. '� t9 Brazos County Docket No. 2012- 0300 -PST - E Page 6 SIGNATURE PAGE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY For the Commission For the Executive Director Date I, the undersigned, have read and understand the attached Agreed Order. I represent that I am authorized to agree to the attached Agreed Order on behalf of Brazos County, and I do agree to the terms and conditions specified therein. I further acknowledge that the TCEQ, in accepting payment for the penalty amount, is materially relying on such representation. I also understand that failure to comply with the Ordering Provisions in this order and /or failure to timely pay the penalty amount may result in: • A negative impact on compliance history; • Greater scrutiny of any permit applications; • Referral of this case to the Attorney General's office for contempt, injunctive relief, additional penalties, and /or attorney fees, or to a collection agency; • Increased penalties in any future enforcement actions; • Automatic referral to the Attorney General's Office of any future enforcement actions; and • TCEQ seeking other relief as authorized by law. In addition, I understand that any falsification of any compliance documents may result in criminal prosecution. Signature - Duane Peters Date Brazos County Judge VOL I (o5 Pg 167 Attachment A .. Docket Number: 2012 - 0300 -PST -E Respondent: Brazos County Penalty. Amount: Six Thousand Two Hundred Fifty Dollars ($6,250) SEP Offset Amount: Six Thousand Two Hundred Fifty. Dollars ($6,250) Type of SEP: Contribution to a Pre - Approved Third -Party Recipient Third -Party Recipient• ' Texas Association of Resource Conservation and Development Areas Inc. Project Name:. Cleanup of Unauthorized Trash- Dumps Location of SEP' Brazos County; Brazos River Basin; Carrizo - Wilcox Aquifer The Texas Commission on Environmental Quality ( "TCEQ ") agrees to offset the administrative Penalty Amount assessed in this Agreed Order for Respondent to contribute to a Supplemental Environmental_ Project ( "SEP "). The offset is equal to the SEP Offset Amount set forth above and is conditioned upon completion of the project in accordance with the terms of this Attachment A. 1. Project Description A. Project Respondent shall contribute the - SEP Offset' Amount to the Third -Party Recipient named above. The contribution will be to the Texas Association of Resource Conservation and Development Areas, Inc' ( "RC &D ") for the Cleanup of Unauthorized Trash Dumps. The: contribution will be used in accordance with the Supplemental Environmental Project between the Third -Party Recipient and the TCEQ (the "Project "). Specifically, the SEP Offset Amount will be used to coordinate. with city and county government. officials and private entities to clean up sites where trash has been disposed of illegally. Eligible sites will be limited to those where a responsible party cannot be identified, where there is no pre- existing obligation to clean up the site by the owner or the government, and where reasonable efforts have already been. taken to prevent the dumping. The SEP Offset Amount may be used for the direct cost of collection and disposal or recycling of debris. The SEP will be done in accordance with all federal, state, and local environmental laws and regulations. All dollars contributed will be used solely for the direct cost of implementing the Project, including, but not limited to supplies, materials, and equipment. Any portion of this contribution that is not able to be spent on the specifically identified SEP may, at the discretion of the Executive Director, be, applied to another pre- approved SEP. Respondent's signature affixed to this Agreed Order certifies that Respondent has no prior commitment to make this contribution and that it is being contributed solely in an effort to settle this enforcement action. Respondent shall not profit in any manner from this SEP. SUPPLEMENTAL ENVIRONMENTAL PROJECT B. Environmental Benefit Help rid communities of the dangers and health threats associated with non - regulated trash dumps which contaminate air and water, and harbor disease carrying animals and insects. v.LD.7.23.2012 Page 1 of 3 Vol. ` (0 5 Pg. 159 Brazos County Docket No. 2012- 0300 -PST - E Attachment A C. Minimum Expenditure Respondent shall contribute at least the SEP Offset Amount to the Third -Party Recipient and comply with all other provisions of this SEP. 2. Performance Schedule Within 30 days after the effective date of this Agreed Order, Respondent must contribute the SEP Offset Amount to the Third -Party Recipient. Respondent shall make the check payable to Texas Association RC &D SEP and shall mail the contribution with a copy of the Agreed Order to: Texas Association RC &D Attention: Ken „Awtrey P.O. Box 635067 Nacogdoches,.Texas 75961 3. Records and Reporting Concurrent with the payment of the SEP Offset Amount, Respondent shall provide. the Litigation SEP Coordinator with a copy of the check and transmittal letter indicating full payment of the SEP Offset Amount to the Third -Party Recipient. Respondent shall mail a copy of the check and transmittal letter to: Texas Commission on Environmental Quality Litigation Division Attention: SEP Coordinator, MC 175 P.O. Box 13087 Austin, Texas 78711 -3087 4. Failure. to Fully Perform If Respondent does not perform its obligations under this Attachment A, including full expenditure of the SEP Offset Amount and submittal of the required reporting described in Sections 2 and 3, above the Executive Director ( "ED ") may' require immediate payment of all or part of the SEP Offset Amount. In the event the ED determines that Respondent failed to fully implement and complete the Project, Respondent shall remit payment for all or a portion of the SEP.Offset Amount, as determined by the ED, .and as set forth in the attached Agreed - Order. Respondent shall include the docket number of the attached Agreed Order and a note that the enclosed payment is for the reimbursement of a SEP, shall make the check payable to "Texas Commission on Environmental Quality," and shall mail it to: Texas Commission on Environmental Quality Litigation Division Attention: SEP Coordinator, MC 1.75 P.O. Box 13087 Austin, Texas 78711 -3087 • S. Publicity Any public statements concerning this SEP and /or project, made by or on behalf of Respondent must include a. statement that the project was performed as part of the - settlement of an enforcement_ action brought by the TCEQ. Such statements include, advertising, public relations, and press releases. v.LD.7.23.2012 .y Page 2 of 3 Vol. 1 &_6 p g. . ) 6 9 Brazos County Docket No. 2012 - 0300 -PST -E Attachment A 6. Clean Texas Program Respondent shall not include this SEP in any application made to TCEQ under the "Clean Texas" (or any successor) program(s). Similarly, Respondent may not seek recognition for this contribution in any other state or federal regulatory program. 7. Other SEPs by TCEQ or Other Agencies The SEP Offset Amount identified in this Attachment A and in the attached Agreed Order has not been, and shall not be, included as a SEP for Respondent under any other Agreed Order negotiated with the TCEQ or any other agency of the state or federal government. Page 3 of 3 v.LD.7.23.2012 VOI. /6-5 pg. /6 0 INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZOS COUNTY AND COLLEGE STATION MEDICAL CENTER This Indi t Care Affiliation Agreement (the Agreement) is entered into as of the day of , 2012 (Effective Date), by and between by and between Brazos County (the County) Ad College Station Hospital, L.P. d/b /a College Station Medical Center, a Delaware limited partnership (the Hospital). RECITALS: WHEREAS, the Hospital provides a significant amount of uncompensated care to the Indigent in the County; WHEREAS, reductions in reimbursement under the Medicaid program and the growing uninsured population have created a gap between the costs the Hospital incurs for treating Medicaid patients and the Indigent and the reimbursement the Hospital actually receives; WHEREAS, the County and the Hospital recognize that the Indigent numbers in the County will continue to grow, and that the burden of providing health care to the Indigent will continue to shift to the Hospital, the County, and the local communities in the County; WHEREAS, the Hospital and the County desire to collaborate to ensure that the Indigent have access to and receive quality health care services; and WHEREAS, the County and the Hospital recognize that it is in their mutual best interest and in the best interest of the Indigent population of the County to increase Medicaid funding for the Medicaid population of the County and to access local and federal funding to which the Hospital is entitled under the Section 1115 Demonstration Waiver for the Texas Healthcare Transformation and Quality Improvement Program (the Waiver Program); NOW, THEREFORE, in consideration of the promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and agreed, the parties agree as follows: ARTICLE I DEFINITIONs 1.1 Health Care Services means those services necessary to enhance the delivery of health care to the Indigent, as defined in Section 1.2 of this Agreement. 1.2 Indigent means any person eligible to participate in a state Medicaid program, a county program adopted under the Indigent Health Care and Treatment Act, as defined by the eligibility criteria described in Chapter 61 of the Texas Health and Safety Code, or a hospital charity care program. 1.3 Waiver Program means the Section 1115 Demonstration Waiver for the Texas Healthcare Transformation and Quality Improvement Program, under which the County transfers Public Funds via intergovernmental transfer (IGT) to the Texas Health and INDIGENT CARE AFFIMATION AGREEMENT BETWEEN BRAZOS COUNTY AND PAGE 1 COLLEGE STATION MEDICAL CENTER Vol. /&5 —pg. 1 Human Services Commission (HHSC) to generate the non - federal share of Waiver Program Payments, and the Hospital receives Waiver Program Payments from HHSC. 1.4 Waiver Program Payments means any Medicaid payments received by the Hospital in accordance with the Waiver Program. 1.5 Public Funds means public revenue, generated by the County, which the County agrees to transfer in part to HHSC via IGT to serve as the non - federal share of Waiver Program Payments. ARTICLE 11 REPRESENTATIONS AND WARRANTIES 2.1 Hospital's Representations and Warranties The Hospital represents and warrants that: a. The Hospital is a Delaware limited partnership duly established and created pursuant to applicable law with all requisite power and authority to enter into this Agreement in all respects; b. The execution, delivery, and performance by the Hospital of this Agreement are within the Hospital's powers, and are not in contravention of any other instruments governing the Hospital and have been duly authorized and approved by the Hospital to the extent required by applicable law; c. Neither the Hospital, nor any of their representatives are (i) currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs as defined in 42 U.S.C. § 1320a -7b(f) (the Federal health care programs); (ii) convicted of a criminal offense related to the provision of health care items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; or (iii) under investigation or otherwise aware of any circumstances which may result in the exclusion of the Hospital, or any of its representatives from participation in Federal health care programs; d. This Agreement has been duly and validly executed and delivered by the Hospital and constitutes the valid, legal, and binding obligation of the Hospital, enforceable against the Hospital in accordance with its terms; e. No funds derived from any Waiver Program Payment received by the Hospital have been or will be returned or reimbursed to the County; L No other funds have been used to reimburse the County in consideration of any Waiver Program Payments paid to the Hospital; INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZOS COUNT , PAGE 2 COLLEGE STATION MEDICAL CENTER Vol. , g. & g. The Hospital will not use any of the Waiver Program Payments to fund any contingent fee arrangement or agreement or to pay for third -party consultant or legal services; h. The Hospital has not entered and will not enter into any agreement with the County to condition either the amount of the Public Funds transferred to HHSC via IGT by the County or the amount of Waiver Program Payments the Hospital receives on the amount of indigent care the Hospital has provided or will provide; i. The Hospital has not entered and will not enter into any agreement with the County to condition the amount of the Hospital's indigent care obligation on either the amount of Public Funds transferred by the County to HHSC or the amount of Waiver Program Payments the Hospital may be eligible to receive; 3. Neither the Hospital nor any other entity acting on behalf of the Hospital has made or agreed to make cash or in -kind transfers to the County other than transfers and transactions that: (1) Are unrelated to the administration of the Waiver Program and/or the delivery of indigent care services under this Agreement; (2) Constitute fair market value for goods and/or services rendered or provided by the County to the Hospital; and (3) Represent independent, bona fide transactions negotiated at arms- length and in the ordinary course of business between the Hospital and County; and k. Neither the Hospital nor any other entity acting on behalf of the Hospital has: (1) Taken assignment or agreed to take an assignment of a contractual or statutory obligation of the County; or (2) Authorized or consented to the assumption of a statutory or contractual obligation of the County by the Hospital or any other entity acting on behalf of the Hospital. 2.2 County Representations and Warranties The County represents and warrants that: a. It is a political subdivision of the State of Texas, duly established and created pursuant to the Texas Constitution, with all requisite power and authority to enter into this Agreement in all respects; b. The execution, delivery, and performance by the County of this Agreement are within the County's powers, are not in contravention of any other instruments governing the County and have been duly authorized and approved by the County Commissioners Court as and to the extent required by applicable law; INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZOS COUNTY AND I PAGE 3 COLLEGE STATION MEDICAL CENTER 1 (0 - 5 P 1 Vol. g• C. Neither the County, nor any of its representatives are (i) currently excluded, debarred, or otherwise ineligible to participate in the Federal health care programs; (ii) convicted of a criminal offense related to the provision of health care items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in the Federal health care programs; or (iii) under investigation or otherwise aware of any circumstances which may result in the exclusion of the County, or any of its representatives, from participation in Federal health care programs; d. This Agreement has been duly and validly executed and delivered by the County and constitutes the valid, legal, and binding obligation of the County, enforceable against the County in accordance with its terms; e. The County is legally authorized to and does receive ad valorem taxes, generate public revenue, or receive and expend appropriated public funds and will fund its obligations hereunder with such tax revenues; L The County has entered into this Agreement after a public meeting held in compliance with the Texas Open Meetings Act in Chapter 551 of the Texas Government Code at which a majority of the County Commissioners Court voted to execute this Agreement; g. The County has transferred or has agreed to transfer Public Funds to HHSC via IGT for use as the non - federal share of Waiver Program Payments to the Hospital in accordance the Waiver Program; h. All transfers of Public Funds by the County to HHSC to support the Waiver Program Payments to the Hospital under the Waiver Program comply with: (1) The applicable regulations that govern provider - related donations codified at section 1903(w) of the Social Security Act (42 U.S.C. § 1396b(w)), and Title 42, Code of Federal Regulations, Part 433, subpart B, sections 433.52 and 433.54; (2) The conditions approved by the federal Centers for Medicare and Medicaid Services (CMS) for governmental entities' and private hospitals' participation in the Waiver Program; and ` (3) Such regulations established by HHSC pursuant to the Waiver Program; L The County does not and will not at any time receive any part of the Waiver Program Payments that are made by HHSC to the Hospital under the Waiver Program; j. The County has not entered into a contingent fee arrangement related to the County's participation in the Waiver Program; INDIGENT CARE AIWILIATION AGREEMENT BETWEEN B RAZOS COUNTY AND PAGE 4 COLLEGE STATION MEDICAL CENTER , �s P Vol. P 9 - ------ (2) Authorized or consented to the assumption of a statutory or contractual obligation of the County by the Hospital or any other entity acting on behalf of the Hospital. ARTICLE III OBLIGATIONS OF THE HOSPITAL 3.1 Agreement to Cooperate The Hospital agrees to work cooperatively with the County to improve access, availability, efficiency, delivery, and funding for Health Care Services provided to the Indigent. 3.2 Provision of Care The Hospital agrees to provide Health Care Services and meet all requirements for treating the Indigent; provided, however, the Hospital shall not provide Health Care Services for which the County has a continuing contractual or statutory obligation to provide. 3.3 Reports to the County Commissioners Court To enable the County to perform its retrospective evaluation of the Health Care Services under Section 4.2, the Hospital will provide quarterly reports to the County Commissioners Court regarding the amounts and types of health care the Hospital has provided to the Indigent. The Hospital shall provide such reports to the County Commissioners Court within ninety (90) days after the end of each such period. ARTICLE IV OBLIGATIONS OF THE COUNTY 4.1 Agreement to Cooperate with the Hospital The County agrees to work cooperatively with the Hospital to improve access, availability, efficiency, delivery, and funding for Health Care Services. 4.2 Retrospective Evaluation of Services Consistent with its constitutional, statutory and fiduciary obligations, the County may retrospectively evaluate the amount and impact of the Hospital's delivery of the Health Care Services and may rely on such historical information in determining whether tb continue this Agreement with the Hospital, whether the Hospital's participation benefited the community, whether the Hospital's continued participation is likely to continue to benefit the community and/or to provide accountability to taxpayers. ARTICLE V MISCELLANEOUS 5.1 Term and Termination The term of this Agreement shall be one year from the Effective Date and shall automatically continue thereafter for additional terms of one year each, unless terminated in accordance with this Section 5.1. Either party may terminate this Agreement with ninety (90) days advance written notice of termination. INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZOS COUNTY AND PAGE 6 COLLEGE STATION MEDICAL CENTER Vol. > & $ PS• los 5.2 Compliance with HIPAA To the extent applicable to this Agreement, the Hospital and the County agree to comply with the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. Section 1320d, et seq. (HIPAA) and any current and future regulations promulgated thereunder, including, without limitation, the federal privacy regulations contained in 45 C.F.R. Parts 160 and 164 (the Federal Privacy Regulations), the federal security standards contained in 45 C.F.R. Parts 160, 162 and 164 (the Federal Security Regulations), and the federal standards for electronic transactions contained in 45 C.F.R. Parts 160 and 162 (the Federal Electronic Transaction Regulations), all as amended from time to time and, all collectively referred to herein as HIPAA Requirements. The Hospital and the County agree not to use or further disclose any Protected Health Information (as defined in the Federal Privacy Regulations) or EPHI (as defined in the Federal Security Regulations), other than as permitted by the HIPAA Requirements and the terms of this Agreement. In addition, the Hospital and the County agree to comply with any state laws and regulations that govern or pertain to the confidentiality, privacy, security of, and electronic transactions pertaining to, health care information. 5.3 Access to Records As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, the Hospital or the County shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up to four (4) years after the rendering of such services. If the Hospital or the County carries out any of the duties of this Agreement through a subcontract with a value of $10,000.00 or more over a twelve (12) month period with a related individual or organization, the Hospital or the County agrees to include this requirement in any such subcontract. This Section is included pursuant to and is governed by the requirements of 42 U.S.C. § 1395x(v)(1) and the regulations thereto. 5.4 Notices All notices required or permitted hereunder shall be in writing and shall be sufficiently given and deemed to have been received upon personal delivery, by overnight carrier, or by United States mail, postage prepaid, registered or certified mail, addressed to the parties as follows: If to County: Brazos County 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Attn: County Judge If to Hospital: College Station Medical Center 1604 Rock Prairie Rd College Station, TX 77845 Attn: Chief Executive Officer INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BpAzos COUNTY AND PAGE 7 COLLEGE STATION MEDICAL CENTER V0 1. / P f 6n `o Pg.— — With copies to: Legal Department 4000 Meridian Boulevard Franklin, Tennessee 37067 Attn: General Counsel Eric J. Weatherford Brown McCarroll, L.L.P. 2001 Ross Avenue, Suite 2000 Dallas, Texas 75201 5.5 Relationship between the Parties The relationship between the County and the Hospital is solely a contractual relationship between independent contractors. Neither parry hereto is an agent or employee of the other party. 5.7 Governing Law This Agreement shall be governed by the laws of the State of Texas. 5.8 Venue Venue for any action involving the County arising out of this Agreement shall exclusively lie in State County Court in Brazos County, Texas. 5.9 Assignment No party may assign any right, obligation, or responsibility under this Agreement. 5.10 No Third Party Beneficiary The parties to this Agreement do not intend to establish any third parry beneficiary relationships by virtue of this Agreement. 5.11 Entire Agreement This Agreement represents the entire agreement and understanding of the Parties hereto with respect to the subject matter hereof, and all prior and concurrent agreements, understandings, representations and warranties with respect to such subject matter, whether written or oral, are and have been merged herein and superseded hereby. 5.12 Counterparts This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement, binding on all of the parties hereto. A facsimile copy or scanned image of an executed, original counterpart shall be deemed for all purposes to be, and may be relied upon as, an original, in which case each party shall immediately provide fully executed originals to the others. (Signature Page Follows) INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZOS COUNTY AND PAGE 8 COLLEGE STATION MEDICAL CENTER Vol. I Za6 pg. l IN WITNESS 'WHEREOF, the parties have executed this Indigent Care Affiliation Agreement as of the date and year set forth above. BRAzos CouNTY By: Duane Peters, County Judge INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZO COUNTY AND PAGE 9 COLLEGE STATION MEDICAL CENTER Vol. (O pg. IN WITNESS WHEREOF, the parties have executed this Indigent Care Affiliation Agreement as of the date and year set forth above. COLLEGE STATION HOSPITAL, L.P. By: Martin 0. Schweinhart, President t w INDIGENT CARE AFFILIATION AGREEMENT BETWEEN BRAZOS COUNTY AND IO STATION MEDICAL CENTER VOI. pg. ii9net 1R MEMORANDUM OF UNDERSTANDING Psychological Evaluations of Applicants for Peace Officer, Jailer, . 'Communications - Officer, and Other Employees This Memorandum of Understanding (hereinafter referred to as "MOU") is made this 11` day of October 2012 by and between Texas A &M University —a .mer fiber of the Texas A &M University System, an agency of the'State of Texas on behalf of its Department of Psychology (hereinafter referred to as "TAMU ") —and the Brazos- County Office of the Sheriff (hereinafter referred to as "BCSO "). WHEREAS, TAMU offers a clinical psychology doctoral program; and - WHEREAS, BCSO seeks . to evaluate potential candidates ,for employment, and potential candidates .for promotion;_ and WHEREAS, it is deemed' in the best interest of both parties that said governments do enter into a -mutually - satisfactory agreement and share in the educational process; NOW THEREFORE, based on the mutual promises set forth herein, and, other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto,, intending to be legally bound, have agreed as follows: TAMU RESPONSIBILITES:: (1) TAMU shall assign a li'ais'on to BCSO for purposes of: (a) correspondence regarding billing and scheduling appointments, Angela Morehead,.Lead Office Associate, TAMU .._.v... wr d')ZC TSMTT_ and (b) for MOU management, clinicntatnu.edu (2) TAMU shall furnish psychological evaluations, in accordance with regulations set forth in the Texas Commission on Law Enforcement Officers Standards and Education, for peace officer,, jailer, and communications officer applications and other employees as referred by BCSO. (a) Each evaluation will include (1) a thorough clinical interview (2) an appropriate global measure, . of personality /psychosocial functioning, and (3) additional specifie measure(s) of behavioral style or cognitive functioning as indicated by other evaluation measures or referral questions posed by BCSO. (3) TAMU shall schedule. ,,evaluations within 10 working.. days after receiving written orr, phone request from 13CSO to conduct such evaluations. 1 of S llsl lapiranhalhov ie�psycifgcul tylrob- hefferlWordlPoliceDeptlBrazos Sheriff. j3 MOU_FY12- 13_Aug 10 sigs.docs Vol. 1 U 5 — Pg. �. U (4) TAMU agrees to provide verbal feedback to BCSO and make available, for mailing or personal pick -up, the TCLOESE L -3 (Declaration of Psychological and Emotional Health) form within 3 working days of completion of the testing. (5) TAMU shall make available the psychological evaluation report generated on persons served under this MOU for mailing to, or personal pick -up by, BCSO within 14 working d ays after the scheduled evaluation. (6) TAMU agrees to discuss via phone or email with BCSO situations that alter these scheduling- testing -report expectations as soon as either party becomes aware of the need to change expectations for a given referral. (7) TAMU agrees that payment will be based on the timely submission of evaluation reports as stated above. (8) TAMU shall provide BCSO an invoice by the 10` of each month for services rendered during the previous month. (9) TAMU shall accept, as full compensation, the sum of $250.00 per psychological evaluation. (10) TAMU shall accept, as full compensation, the sum of $110.00 per psychological re- evaluation. (11) TAMU shall provide BCSO, if requested, a copy of current professional credentials of all individuals involved with the evaluations, professional liability insurance for psychological or behavioral health services applicable under this MOU and all policies established by the TAMU Psychology Clinic. (12) TAMU students and faculty supervisors appointed by TAMU shall comply with policies established by the TAMU Psychology Clinic regarding code of ethics, confidentiality, and other issues relevant to provision of consultative clinical services. BCSO RESPONSIBILITIES: (1) BCSO shall assign a liaison to TAMU for purposes of communication, Jody Aranda, Deputy Sheriff, Recruiter, Brazos County Office of the Sheriff, 1700 Highway 21 West, Bryan, Texas, (979) 3614948, iaranda(a co brazos tg us (2) BCSO shall provide TAMU a written request for evaluation. (3) BCSO shall provide TAMU with a completed Release of Information signed by each person being evaluated prior to the scheduled evaluation. 2 of 5 Ilcl lapironhaLhome *c.Vacultylrob_/mfferlWordlPol* FDep�QzosSSherrff L3 Jr O _FY12 -13 Aug 10 needs sip d= Vol. g• (4) BCSO agrees to discuss via phone or email with TAMU situations that alter the scheduling- testing -report timeline expectations, . as stated in the TAW RESPONSIBILITIES section above, as soon as either party becomes aware of the need to change expectations for. a given referral. (5) BCSO shall pay, as full compensation, the sum $250.00 per psychological evaluation. BCSO shall provide payment upon timely submission 'of evaluation reports as agreed to above. (6) BCSO shall pay as fill compensation, the sum of $110.00 per psychological re- evaluation. BCSO shall - provide payment upon timely submission of evaluation reports as agreed to above. (7) BCSO shall pay TAMU for services in full within 30 days after satisfactory receipt of services and billing unless otherwise specified or mutually : agreed upon before orders are placed. BCSO will not be liable for payment of invoices received six (6) months after order completion. Invoices must be submitted 'by TAMU to Laura Cook, Administrative Secretary, Brazos County Office oUthe'Sheriff, 1835 Sandy Point Road, Bryan, TX 77807; (979) 361 -4997; (979) 361- 4833 —Fax; lcook(a,co.brazos.tx.us NOTICE: Except for procedures under Alternative Dispute Resolution below, any required notice or contact under this MOU shall be'made to: Brazos County Office of the Sheriff Sheriff Christopher C. Kirk with copies to. or Wayne Dicky, Jail Administrator Brazos County.Office of the Sheriff 1700 Highway 21 West Bryan, TX 77803 -1300 (979) 361 -4900 .Judge Duane Peters Brazos County Commissioners Court Brazos County Administration Building 200 South Texas Avenue Bryan, TX 77803 (979) 361=4102 TAMU TAMU Psychology Clinic Department of Psychology Texas A &M University 2435 TAMU College Station, Texas 77843 -2435 employer's I.D. #: 76- 4000531 . profession/ occupation: psychologist Phone: (979) 845 -8017 Fax: (979) 845 -5191 INDEMNIFICATION: Subject to the limitations as to damages in the Texas Tort Claims Act and without waiving its governmental immunity, Each party agrees to hold harmless each other, its governing board, officers, agents- and employees for any, liability, loss damages, claims or causes of action caused or, asserted to have been'caused directly or indirectly by any other party 3of5 Ilcil apiraniwlhomelp* cljacul tylrob- hef' erlWordlPoliceDeptlBrazosSheriff _L3Eval MOU F711- 13_Aug10_needssigs.dxx Vol. . pg. 1 to this MOU, or any of its officers, agents or employees, or as the result of its performance, or any of its officers, agents or employees, of this MOU. CONSENT TO SUIT: By entering into this MOU neither party gives its consent to suit. ALTERNATE DISPUTE RESOLUTION (1) To the extent Chapter 2260 GOVERNMENT CODE as it may be amended from time to time ( "Chapter 2260 "), is applicable to this MOU and is not preempted by other applicable law, BCSO and TAMU must use the dispute resolution process provided in Chapter 2260 of the Texas Government Code to attempt to resolve a dispute arising under this MOU and is a required prerequisite to suit in accordance with Chapter 107, Texas Civil Practices and Remedies Code. BCSO must submit written notice of a claim of breach of contract to the University Contracts Officer, TAMU. TERM OF AGREEMENT: This MOU shall begin October 1, 2012 and remain in effect for no more than twelve (12) months, ending September 30, 2013 This MOU may be terminated on behalf of either party in this agreement, by providing the other party with thirty (30) days written notice. Any BCSO candidates scheduled for evaluations, at time of cancellation will be allowed to complete their evaluation, provided that the cancellation was requested by TAMU. In the event this MOU is canceled, TAMU will be paid only for the evaluations completed, provided the required evaluation reports are presented to BCSO within three (3) weeks of the cancellation of this MOU. INDEPENDENT CONTRACTOR STATUS: This MOU shall not be construed as creating an employer /employee relationship between TAMU, including any of its officers, agents and employees, and BCSO and does not constitute a joint venture. PROVISIONS: If any provision or provisions of the MOU shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. GOVERNING LAW: The terms and conditions of the MOU and performance hereunder shall be construed in accordance with the laws of the State of Texas. Venue shall be in a court of competent jurisdiction in Brazos County, Texas. OTHER DIRECT COSTS: The BCSO will only pay the amount per completed evaluation or re- evaluation as specified in the preceding "RESPONSIBILITIES" sections. The number of evaluations will vary over the months in which this contract is in effect. The cost of each evaluation or re- evaluation includes other direct costs which will be used by TAMU for supplies, photo- reproduction, books, journals, training tapes, software, equipment, professional dues, travel expenses, educational development, and other directly related costs. w 4of5 IlcllapiranhaLhome0syclfaculryl rob- hefferlWor oliceDe ABrazos Sheri_L3 Eva1 a OU FY12 -13 Aug 10 needsslgs.dom Vol. ��' - 1 AUTHORITY TO CONTRACT: Each party has the full power and authority to enter into and perform this MOU, and the persons signing below on behalf of each party have been properly authorized and empowered to enter into this MOU. The•persons executing this MOU hereby represent that they have authorization to sign on behalf of their respective entities. BRAZOS COUNTY OFFICE OF THE SHERIFF By: Christopher k Sheriff Brazos County Office of-the.Sheriff BRAZOS CO ISSIONERS COURT By: Duane Peters, Judge Brazos County. Commissioners Court TEXAS A &M UNIVERISTY , Dean K. Endler, Executive Director Contract Administration Date: Os / -"12 Dater Date: 5 of 5 Ilcll apiranhalhomeosycl facultylrob- heferlWordlPoliceDeptlBrazosSheri • �_L3Eval MOU FY12- 13_AuglO needs,srgs.docx Vol. _ 1 �o p 17 Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services July 2012 Contract Name: Brazos County Contract Number: 23940058 FY 2013 Please provide the person's name and number to contact if additional information is needed: Megan Mason - Assistant Auditor (979) 361 -4352 1. Do you currently have other client service contracts with DFPS or any other Governmental entity [federal, state (ISD, University) county]? Yes ® No ❑ If yes, please provide the contract number and indicate which of the following payment types is utilized for the contract: Cost Contractor is reimbursed for allowable costs. Reimbursement ® No Fee For Service Contractor is paid a set fee per unit of service. Typically rates are negotiated with the ® No individual vendor and may apply only to that vendor. An independent rate setting process ❑ Yes does not exist for the contracted service. Rate Based Contractor is paid at a pre- determined rate or fee per unit of service, which was Payments established through a rate setting process. The rate setting process typically applies to ❑ Yes multiple contractors who provide the service. Other Any other payment type not defined above. Contract Number Payment Type Contract Number See attached schedule of state & federal grants RAI Factor 84 Payment Type 2. Check the appropriate time period since your last audit (e.g., annual audit, compliance audit,) was completed by an independent auditor, including other state /federal agency. ® Within 21 months ❑ Within 22 -34 months RAI Factor 815 ❑ 35 months or more OR No Audit completed Type of Related Party Transactions: "Doing business" refers to business activities such as purchasing or leasing (e.g., a building, a computer, or a vehicle), and/or obtaining a service (e.g., legal services, accounting services, banking services), even if the purchase /lease /service is provided at no charge from anyone related by blood, adoption or marriage to a member of your Board of Directors; a principal stockholder; or a key employee. Does your agency do business with any of the above - mentioned parties for the following? Non - compensated services ❑ Yes ® No Compensated non - recurring services ❑ Yes ® No Compensated Consulting or Management services ❑ Yes ® No Compensated Building Leasing ❑ Yes ® No Compensated Transportation ❑ Yes ® No Compensated Goods and Services or Labor ❑ Yes ® No For - profit affiliated with non - profit ❑ Yes ® No Owned /operated by same or related entity ❑ Yes ® No RAI Factor 810 Vol. (p'� Pg. 1-1 Texas Dept of Family " - : •T• . and Protective Services Risk`.`Analysis Questionnaire Form 9105 July 2012 14. The percentage of total expenditures paid out to Subcontractors in a fiscal year as allowable by contract. ® 0% ❑ no more than. 30% Factor 80 ❑ 31 % to 50% ❑ More than 50% 5. Experience of key management staff: Note: Fiscal components refer to the financial aspect of the contract. Proarammatic components refer to the program side of the contract, such as monitoring that services are provided to clients, .monitoring .the quality of the service delivery, ensuring compliance to the service provisions in the contract. Executive Dlrector,Sole Proprietor, President or Equivalent Accounting (Comptroller, Chief Financial Officer, Business Mgr, etc.) i•❑ Program ❑ Director, Program Coordinator or Equivalent. RAI Factor.#t7 Less than 2 years with ❑ fiscal or programmatic components of federal and/or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and/or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and /or state contracted programs At least 2 years with, fiscal or programmatic components of federal and/or state contracted programs At least 2 years. with fiscal or programmatic components of federal and/mstate contracted programs At least 2 years with fiscal or programmatic components of federal and /or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and /or state.contracted programs ® At least 2 .years with fiscal and programmatic components of federal and/or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and /or state contracted programs 6. Check the appropriate box below if there has been any significant change in key management staff in the appropriate periods: ® No significant change in last 2 years ❑ Significant change in key management staff within: RAI Factor 97 17. Total Contractor Experience ❑ Last 2 years ❑ Last 12 months Check the appropriate box below your total, contractor experience (including experience with non -DFPS agencies) providing the type of service being contracted. ❑ 0 to 12 months ❑ 13 to 35 months. ❑ 36 to 59 months ®'60 or more months RAI Factor 08 Vol.: Pg. Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services July 2012 8. Check the appropriate box below if there has been any significant change in direct delivery and billing staff in the appropriate periods: ® No significant change in last 2 years ❑ Significant change in direct delivery and billing staff within: ❑ Last 2 years ❑ Last 12 months RAI Factor #8 CERTIFICATION Signed by an individual with documented authorithy as designated by the business entity. I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE INFORMATION REPORTED HEREIN IS TRUE,COBB.ECT, AND Signature and Date Duane Peters, County Judge Printed Name and Title pg. -7-7 Texas Dept. of Famil FFATA Certifications J� a 2012 and Protective Services The Federal Funding Accountability and Transparency Act ( FFATA) certifications enumerated below represent material facts upon which DFPS relies when reporting information to the federal govemment required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Stoner cannot certify all of the statements contained in this section. Signer must p rovide written notice to DFPS detailing which of the below statements it c annot certify an Did your organization complete the CCR registration? ® Yes ❑ No Enter Your Dun & Bradstreet (D &B) DUNS Number, and its parent if applicable: 052960341 Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ® No ❑ N/A (if entity does not generate income) If your answer is "Yes ", skip questions "A ", "B ", and "C" and finish the certification. If your answer is "No" or N /A, answer questions "A" and "B ". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ® No If your answer is "Yes" to both question "A" and "B ", you must answer question "C ". If your answer is "No" to either question "A" or "B ", skip question "C" and finish the certification. C. Certificat Regarding Public Access to Compensation Information. Does the public have access to information about the compensation [17 CFR 229.402(c)(2)] of the senior executives (e.g., officers, managing partners, or any other employees in management positions) in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No ❑ N/A (if entity reports through some other means, state how: ) If your answer is "No" you must provide compensation information to DFPS for FFATA reporting. If N /A, you may still be required to supply compensation information pending DFPS or federal awarding agency approval. Vol. 1 of 2 ) I p pg. 1 Texas Dept. of Family FFATA Certifications Form 4734 and Protective Services June 2012 As the duly authorized representative (Signatory) of the Contractor named below, I hereby certify that the responses that I have provided to the questions in this certification form are true, complete and co rrect to the best f myAnowledge. Duane Peters Signature of Authorized Representative Printed Name of Authorized Representative County Judge Title of Authorized Representative Date Brazos County 23940058 Legal Name of Contractor Contract Number 1 - 7 / VOL 1 (0 Zof 2 Pg, Texas Dept. of Family Budget for Title IV -E Form 2030CWIVE and Protective Services December 2010 County Child Welfare Services Contract Summary County: Brazos Coun Contract Number: 23940 Budge Effective Date: 10/1/2012-9/30/2013 Estimated Total Total Anticipated Total Cost Category Expenses Allocable to Federal Anticipated County Title IV -E Reimbursement * Match A. Administration A.I. Direct Personnel Salaries $0.00 $0.00 $0.00 A.2. Direct Personnel Fringe Benefits $0.00 $0.00 $0.00 A.3. Direct Personnel Travel $0.00 $0.00 $0.00 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.S. Direct Equipment 0.00 $0.00 $0.00 A.6. Direct Other Costs $200.00 $51.31 $148.69 Total Administration $200.00 $51.31 $148.69 B. Trainin B.1. Title IV -E Training 75% $2,470.00 $950.48 $1,519.52 13.2. Title IV -E Fosterina Connections Training 65% 0.00 $0.00 $0.00 6.3. Non -Title IV -E Training 50% 0.00 $0.00 $0.00 Total Training $2,470.00 $950.48 $1,519.52 C. Supplemental Foster Care Maintenance SFCM Total SFCM $7,400.00 $4,308.28 $3,091.72 D. Indirect Costs if applicable Indirect Cost Basel 1 $0.00 $0.00 $0.00 Grand Totall $10,070.00 $4,359-591 $3,240.41 *Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) 51.308% during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. * Estimated Federal Reimbursement for Supplemental Foster Care Maintenance expenses 58.220% based on Federal Medicaid Assistance Percentage (FMAP) rate in effect during preceding fiscal year: Actual reimbursement will be based on FMAP rate in effect at the time reimbursement is made to contractor. 30.620% Indirect Cost Rate, if applicable (attach a copy of the approved Certificate of Indirect Costs): ontrac Certification Signature Date Duane Peters, County Judge Printed Name & Title Vol. 1[0'5 _ Pg. G RU Texas Dept. of Family Budget for Title IV -E and Protective Services County Child Welfare Services Contract Form 2030CW IVE December 2010 Administration A.6. Direct Other Costs County: Brazos Coun Contract Number: 23940058 Budge Effective Date: 10/1/2012-9/30/2013 Anticipated Federal Other Costs Estimated Reimbursement Anticipated County (description and basis of cost) Total Expense* (estimated EPR Match x 50% FFP) Birth Certificates $200.00 $51.31 $148.69 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 Total Direct Other Costs $200.00 $51.31 $148.69 " estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps.state.tx.us/ handbooks /Title_IVE_County /default.jsp Vol. 1 S Pg• C f' ?� N o� o E c m 3 � LL V R V w C O L Lu M > V O � -N H O � w • a V m V t V q C 7 O U �) LL N O �a v F E U CD vi a> m 6 a) C O CIS c m E 7 U O E6 () N C a) m O is co c cS! 0) a) c O cc E 0 0. c � 0 _ cn CU (D m� 0 0 0 o o LLJ a > M I W = U O O O C_ LE 0 W mc s U � � O cc 0 0 0 y E N 't7 ccts � Q) cD p a « Z r _ yr � ° o o ° , ° o • o ° , ° o • o ° o • � 69 69 6R 69 EA 69 64 � CL 3 64 64 p V cc v O O O O O O O It CL E W ° ° ° °. ° 69 ° ° 61)� w LL U) w —CC m u Ef} 64 E� � v 12 e — n ° 6C.4 64 6 i} 6 % ° FA 40 r� F k LLI W c N N K3 N C O C 3 '- E W Q w Z C 7 LL O O O O O O O O c 0 0 0 0 0 0 0 0 ° ° tH ° 69 ° 69 6& ° O '@ co 69 61% 6 7 U. N r W 69 p O 0 Im C v > o 0 c d W O .0 Of C • C y c > N fo 1p 25 F- v ~ > c •� L c 0 W (n O m d �►ggm> 0. p co F- 7 d E m ., mF- 69 O W M r a V It ~ N N Im c m W Lo m r C —> 7 O o c C5 p c C yy .. C E .D O O _mg cz 69 V C � V o a) m y C `y d a w CD C ca C R o `�° 'O y d N co U � � C E U- Q L1J N Z 1. g' U CD vi a> m 6 a) C O CIS c m E 7 U O E6 () N C a) m O is co c cS! 0) a) c O cc E 0 0. c � 0 _ cn CU (D m� 0 0 0 o o LLJ a > M I W = U O O O C_ LE 0 W mc s U � � O cc 0 0 0 y E N 't7 ccts � Q) cD p a « Z r Texas Dept. of Family Budget for Title IV -E and Protective Services County Child Welfare Services Contract Form 2030CW IVE December 2010 C. Supplemental Foster Care Maintenance (SFCM) County: Brazos Coun Contract Number: 23940058 Budget Effective Date: 10/1/2012 - 9/30/2013 Other Costs (description and basis of Cost) Estimated * Total Expense* p Anticipated Federal Reimbursement estimated FMAP Anticipated County Match Allowances $0.00 $0.00 Clothin 6,000.00 $3,493.20 $2,506.80 Day Care limited 500.00 $291.10 $208.90 Gifts $250.00 $145.55 $104.45 Graduation Expenses $250.00 $145.55 $104.45 Personal Items $100.00 $58.22 $41.78 School Supplies 200.00 $116.44 $83.56 Reasonable Child Specific Travel 1 $100.001 $58.22 $41.78 Total Direct Other Costsi $7.400.001 $4,308.28 $3,091.72 * estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps.state.tx. us/ handbooks /Title_IVE_County /default.jsp 3 Vol. /65 Pg• Texas Dept. of Family Budget for Title IV -E and Protective Services County Child Welfare Services Contract Form 2030CWIVE December 2010 Budget Narrative Contract Number. 23940058 Budget Effective Date: 10/1/2012- 9/30/2013 Clearly describe each expense to be incurred and billed to this contract. Refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps.state.tx. us/ handbooks /Title_I VE_County /default.jsp IA. Administration B. Training Crimes Against Children Conference for CPS staff C. Supplemental Foster Cane Maintenance (SFCM) Allowable expenses directly related to the IV -E elgible children to include clothing, personal items, school items, day care, or travel for children D. Indirect Costs (if applicable) Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective Services December 2010 County Legal Services Contract Vol. (05 Pg. 5 Summary County: Brazos Count Contract Number. 23940059 Bud et Effective Date: 10/1/2012-9/30/2013 Estimated Total Total Anticipated Total Anticipated Cost Category Expenses Federal County Allocable to Reimbursement` Match Title IWE A. Administration A.1. Direct Personnel Salaries $174,245.95 $44,701.06 $129,544.90 A.2. Direct Personnel Fringe Benefits $63,819.84 $16,372.34 $47,447.50 A.3. Direct Personnel Travel $300.00 $76.96 $223.04 A.4. Direct Materials and Supplies $0.00 $0.00 $0.00 A.S. Direct Equipment 0.00 $0.00 $0.00 A.6. Direct Other Costs $11,750.00 $1,725.47 $10,024.54 Total Administration $250,115.79 $62,875.83 $187,239.97 B. Trainin 13.1. Title IV -E Training 75% $1,644.00 $632.63 $1,011.37 13.2. Title IV-E Fostering Connections Training 65% $0.00 $0.00 $0.00 13.3. Non -Title ME Training 50% $0.00 $0.00 $0.00 Total Training $1,644.00 $632.63 $1,011.37 C. Indirect Costs (if applicable) Total Indirect Costsl $0.00 $0.00 $0.00 Grand Totall $251,759.79 $63,508.45 $188,251.34 `Estimated Federal Reimbursement for expenses based on Eligible Population Rate (EPR) 51.308% during 3rd quarter of the preceding fiscal year: Actual reimbursement will be based on EPR in effect for the county during the month in which expenses were incurred. Indirect Cost Rate, if applicable (attach a copy of the approved Certificate of Indirect 30.620% Costs): Contractor Certification - 21 olho- Signature Dat Duane Peters County Jud e Printed Name & Title Vol. (05 Pg. 5 W o J N o � a N E y O 0 LL V 03 L W O > V H Z L w N IM CM � J C O U E r LL '$ m o� a F- U C E 0) L Q) C 0 al c O U O a cli 0 cn c 0) CL x 0 O) O C5 v c� O m c 0 O N N w m � o � Y o O 00 wl co c - Co + ( ld c N 2 C O W LLL >_ W c N L P _ N N � O x �- O) L (� N O N� a) � U E 3 N O d 7 pg. xxvvy c O LA N cc r O M cC O o O o O m n O O t �j M M aD 00 Ln .0 U. � t N M T r N M c a To Ln � M N 0 0 0 v d a U ! E W a 0 4 w •p y m LL W d'- « T N M o T 4 � ma 00 0 E,n aE d a N N O r 0 0 Ln f C C U H V O O) O M 0 LO M N x R G m M M N M r t Ln r 1� W W d •� h tv N °po al C r c M r d t c) O V N r N r N r N r O N a E C c to M z'�`� O c c L c d o V o E a W N C L L M N N N 0 a cc LU R O O \ O - 0 O m E O O O N 4 C p Q r r r Q d o co co F- Ld 0 N N OD ''•� � c0 N MEf� t0 i W V � m c d � i+ N Q O O Co O IL Q • C Q o w Q Q Lt) N tC Mn Q J J Q U C E 0) L Q) C 0 al c O U O a cli 0 cn c 0) CL x 0 O) O C5 v c� O m c 0 O N N w m � o � Y o O 00 wl co c - Co + ( ld c N 2 C O W LLL >_ W c N L P _ N N � O x �- O) L (� N O N� a) � U E 3 N O d 7 pg. xxvvy Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective Services December 2010 County Legal Services Contract Administration A.2. Direct Personnel Fringe Benefits County: Brazos Coun Contract Number: 23940059 Budget Effective Date: 10/l/2012-9/30/2013 Type of Fringe Benefits Estimated Total Expense' Anticipated Federal Reimbursement (estimated EPR x 50°6 FFP Anticipated County Match FICA - 7.65% 174246/12= 14521 $13,330.28 $3.419.75 $9,910.53 Workers Comp - 0.144% $250.92 $64.37 $186.55 Retirement - 13.05% $22,739.89 $5,833.69 $16,906.20 Medical & Life Insurance 8310/ arson /annual $26,592.00 $6,821-91 $19,770.09 Dental 120/ erson /annual 384.00 $98.51 $285.49 Unemployment - 0.30% $522.76 $134.11 $388.65 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 Total Direct Personnel Fringe Benefits $63,819.841 $16,372.341 $47,447.50 'estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps. state. tx. us / handbooks /Title_IVE_County /default.jsp Vol. / CCU p g. t f 7 Texas Dept.. of Family and Protective Services Budget for Title IV -E County Legal Services Contract Form 2030CLIVE December 2010 Administration. A:3. Direct Personnel Travel County:, Brazos. Coun Contract Number: 23940059 Budge Effective Date: 10/l/201.2-9/30/2013 Type of Travel Expense Note: only include travel, NOT related to personnel training Estimated Total Expense' Anticipated.Fedeiai Reimbursement (estimated EPR x 50% FFP Anticipated County Match Mileage to and from court ocations $300.00 $76.96 $223.04 $0.00 $0.00 0.00 $0.00 0.00 $0.00 $0.00 $0.00 0.00 $0.00 0.00 $0.00 Total Direct .Personnel Travel $300.001 $76.96 $223.04 *estimated total cost for Title IV=ES .-related activities Note: Please refer to Title IWE Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. hftp: / /www.dfps. state. tx. us / handbooks /Title_IVE_County /default. jsp Please refer to the Texas State Comptroller's office for current mileage rates. https: / /fmx.cr)a. state .tx.us /frnx /travel /textravel /trans /personal.php - Vol. ____ L&_5 Pg 188' Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective Services December 2010 County Legal Services Contract Administration A.6. Direct Other Costs County: Brazos Coun Contract Number. 23940059 Budget Effective Date: 10/l/2012-9/30/2013 Other Costs (description and basis of cost) Estimated Total Expense* Anticipated Federal Reimbursement (estimated EPR x 50% FFP) Anticipated County Match Court Reporter Transcripts $750.00 $192.41 $557.60 Citation of Publication $250.00 $64.14 $185.87 Publications based on library ex s divided by 16 $750.00 $192.41 $557.60 Commercial Copyina of records $250.00 $64.14 $185.87 Expert Witnesses $250.00 $64.14 $185.87 Interpretina $2,000.00 $0.00 $2,000.00 Mediation Fees $7,500.00 $1,148.25 $6,351.75 0.00 $0.00 Total Direct Other Costs $11,750.00 $1,725.47 $10,024.54 *estimated total cost for Title IV -E related activities Note: Please refer to Title IV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http: / /www.dfps. state. tx. us / handbooks /Title_IVE_County /default.jsp Vol. g w J O c� 0 N O LL r V i W O C1 M d O P •� m N Co J C 7 O V L •o U N M N O O O a) O O M a) V v a) O c O O c0 C a) O U O O vi CD w C p1 _a T O 6R 6R 6 R a) 6 6R 60 T o 0 O C 0 T cts O c =a T co Q CD C O O - o 5 a) M co a) � CD 0 0 0 0 0 0 0 CD W a) w E C M O C o O 6R u. .n 60R w O cc M CL m' 0 co w o ai C C O N O C y E to m ca 3 � E ui 9a RL p / 1 Q 0 cc m_ �► • C O O 0 O 0 O 0 O 0 O 0 O 0 O 0 O {p r C C (C 6R 6R 6% 6% 6% �°- E m g CL T T W W o ER 6R _O O of OI C O C E c. C L Z W Q O O O O O LL C O O O O O O O � 6R 6R 6R ER 6R 6R � ti CL ° o t C 0 c o � 2 a> 3 0 c C CD O 0 — c-' > d N E 0 _m 1= W a •� O o +� ^ O m « p ~ W 0 r F *' N � 7 � 0 y C cm p E V 0) 10 O 6% 0 y o W C U) N O co N N m C y a > ) LO T to o 3 w o � EO d E 6R O LL C O� CD O w y w C CD V � V W O vs 03 V a m lU j U c c ED d N J F" cn a E U- 0 LL �. w O � > z� U N N C a) E a) a) c O c0 C a) U O vi CD w C a) Q X () a) c� 0 cts O c =a co CD C O O - o 5 a) M co a) O :3 O Y V o O UJ CO (D W a) > C O C o u. .n w o cc 0 F w o ai C C O N O C y E C. N m ca 3 � E ui 9a RL p / 1 Texas Dept. of Family Budget for Title IV -E Form 2030CLIVE and Protective Services December 2010 County Legal Services Contract Budget Narrative County. Braz County Contract Number: 23940059 Budget Effective Date: 10/1/2012- 9/30/2013 Clearly describe each expense to be incurred and billed to this contract, including justification for expense. Refer to Title lV -E Finance Handbook for detailed information regarding allowable expenses, documentation requirements, etc. http / /www.dfps. state. tx. us / handbooks /Title_IVE_County /default.jsp Administration Salary expenses for all personnel directly working on cases related to Title IV -E eligible childern, allocated by time spent Benefit expenses for all personnel directly working on cases related to Title IV -E eligible ehildren, allocated by time spent Mileage to and from court locations that are not located in courthouse A.4. Direct Materials and Sugglies cost expenses directly related to Title IV -E eligible children cases B. Training Family Law Conference C. Indirect Costs (if applicable) Vol. / 6-5 p 1 q / Texas Dept. of Famil FFATA Certifications Form 47 and Protective Services June 2012 The Federal Funding Accountability and Transparency Act (FFATA) certifications enumerated below represent material facts upon which DFPS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DFPS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DFPS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. if the Signer cannot certify all of the statements contained in this section. Signer must provide written notice to DFPS detailing which of the below statements it cannot certify and Did your organization complete the CCR registration? ® Yes ❑ No Enter Your Dun & Bradstreet (D &B) DUNS Number, and its parent if applicable: 052960341 Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ® No ❑ N/A (if entity does not generate income) If your answer is "Yes ", skip questions "A ", "B ", and "C" and finish the certification. If your answer is "No" or N /A, answer questions "A" and "B ". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ® No If your answer is "Yes" to both question "A" and "B ", you must answer question "C ". If your answer is "No" to either question "A" or "B ", skip question "C' and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation (17 CFR 229.402(c)(2)] of the senior executives (e.g., officers, managing partners, or any other employees in management positions) in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No ❑ N/A (if entity reports through some other means, state how: ) If your answer is "No" you must provide compensation information to DFPS for FFATA reporting. If N /A, you may still be required to supply compensation information pending DFPS or federal awarding agency approval. Vol. 442�5 P l 4 3 a Texas Dept. of Family FFATA Certifications Form and Protective Services June 2012 As the duly authorized representative (Signatory) of the Contractor named below, I hereby certify that the responses that I have provided to the questions in this certification form are true. complete and correc to th e bes jAwowledge. Duane Peters Printed Name of Authorized Representative Si nature of Authorized Representative County Judge a 17K Title of Authorized Representative Date Brazos County 23940059 Legal Name of Contractor Contract Number 2of2 P. " Vol. Texas Dept of•Farriily Risk Ahaiysis Questionnaire F ��m 20 °2 •and Protective Services Y Contract Name: Brazos County Contract Number: 23940059 FY 2013 Please.proVide the person's name and number to contact if additional information is needed: Megan Mason - Assistant Auditor (979) '361 -4352 1. Do you currently have other client service contracts with DFPS or any other. Governmental entity [federal' state (ISb, University) county]? Yes ®, No ❑ .If yes, please provide the contract number and indicate which of the following payment types is utilized for the contract: Cost Contractor is reimbursed for allowable costs. Reimbursement Fee For Service Contractor is paid a set fee per unit of service. Typically rates•are negotiated with the individual vendor and may apply only to that vendor: An independent rate setting process does not exist for the contracted service. Rate Based Contractor is.paid at a pre - determined rate or fee per unit of service, which was Payments established through a rate setting process. The rate setting process typically applies to multiple contractors who provide the service. Other Any other payment type not defined above. Contract Number Payment Type Contract Number Payment Type see attached schedule of state & federal grants RAI Factor 94 2. Check'the appropriate time period since your last audit (e.g., annual audit, compliance audit,) was completed by an independent auditor, including other state /federal agency. ® Within 21 months ❑ Within 22 -34 months ❑ 35 months or more OR No Audit completed RAI Factor 815 3. Type of Related Party Transactions: "Doing business" refers to business activities such as purchasing or leasing (e.g., a building, a computer, or a vehicle), and /or obtaining a service (e.g., legal services, accounting services, banking services),, even if the purchase /lease /service is provided at no charge from anyone related by blood, adoption or marriage to a member of your Board of Directors; a principal stockholder; or a'key employee. Does your agency do business with any of the above - mentioned parties for the following? Non - compensated services ❑ Yes ® No Compensated non - recurring services ❑ Yes ® No Compensated Consulting or Management services ❑ Yes ® No Compensated Building Leasing [:]Yes ® No Compensated Transportation ❑ Yes ®No Compensated Goods and Services or Labor ❑ Yes ® No For - profit - affiliated with non - profit ❑ Yes ® No Owned/operated by same or related entity ❑ Yes ® No RAI Factor 810 Vol. t I Pg. � t — Texas.Dept of Family : Rlsk��Anilysis Questionnali a Form 9t05 and Protective Services ::; • - July 2012 47 The percentage of total' expenditures paid out . to Subcontractors in a fiscal year as allowable by contract. ® 0% , ❑ no more than 30% RAI Factor #9 ❑ 31% to 50% ❑ More than 50% 5. Experience of key management staff: Note: Fiscal components refer to .the financial aspect of the contract. 'Proarammatic components refer to the, program side. of the contract, such -as monitoring that services are provided Ito clients, monitoring the quality of the service delivery, ensuring compliance to the service provisions in the contract. Executive ❑ Dlrector,Sole Proprietor, President or Equivalent . Accounting ❑ (Comptroller; Chief Financial Officer, Business Mgr, etc.) Program ❑ Director, Program Coordinator or Equivalent RAI Factor 97 Less than 2 years:with ❑ fiscal or programmatic components of'fede ral and /or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and/or state contracted programs Less than 2 years with ❑ fiscal or programmatic components of federal and/or state contracted programs At least 2.years with fiscal or programmatic components of federal and/or state contracted programs At least 2 years with fiscal. or programmatic components of federal and/or state contracted - programs At least 2 years with fiscal or programmatic components of federal and /or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and/or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and/or state contracted programs ® At least 2 years with fiscal and programmatic components of federal and /or state contracted programs 6. Check the appropriate box below if there has been any significant change in key management staff in the appropriate periods: ® No; significant change in last 2 years ❑ Significant change in key management staff within: RAI Factor #7 17. Total Contractor Experience ❑ Last 2 years ❑ Last 12 months Check the appropriate box below your total contractor experience (including experience with non -DFPS agencies) providing the type of service being contracted. ❑ 0 to 12 months ❑ 13 to 35 months ❑ 36 to 59 months ® 60 or more months i RAI Factor 08 Vol.�p �qcj Texas Dept of Family Risk Analysis Questionnaire Form 9105 and Protective Services July 2012 8. Check the appropriate box below if there has been any significant change in direct delivery and billing staff in the appropriate periods: ® No significant change in last 2 years ❑ Significant change in direct delivery and billing staff within: ❑ Last 2 years ❑ Last 12 months RAI Factor 88 CERTIFICATION Signed by an individual with documented authorithy as designated by the business entity. I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE, THAT THE INFORMATION REPORTED HEREIN IS TRUE, CORRECT, AND COMPLETE. Ala' I I � Signature and Date Duane Peters, Co unty Judge Printed Name and Title Vol. (�.5 pg. lq� BRAZOS COUNTY COMMISSIONERS' COURT ACTION FORM DEPARTMENT: MEETING DATE: SUBJECT: Road & Bridge August 21, 2012 Private Property Access Request permission to enter private property owned by Charlotte Woods located at the intersection of Zweifel Road and Locke Road for the purpose of removing trees and underbrush to improve sight distance at said intersection. This work is being performed for the health, safety and welfare of the general public. Site is located in Precinct 2. SUBMITTED BY: J Salvato 16ght of Way Agent This request is APPROVED / DENIED by Commissioners' Court uane Peters, County ge F1 Date: ,19/ 2 Vol. l (D- Pg. / ! 7 APPROVED BY: r4 p v a o o" Ty OF eR E. Duane Peters Brazos County Judge Lloyd Wassermann Commissioner Pct. 1 Sammy Catalena Commissioner Pct 2 Kenny Mallard Commissioner Pct. 3 Irma Cauley Commissioner Pct 4 OWNER(S): Charlotte Woods R. Alan Munger, P.E. County Engineer Brazos County Road & Bridge Dept. 2817 Hwy 21 West Bryan, Texas 77803 Office: 979 -822 -2127 Fax: 979 - 775 -0453 amunger@brazoscountytx.gov II. ADDRESS: 6890 Zweifel Road Bryan, Texas 77808 III. LOCATION OF WORK: Same as above R96032 —Thomas Barron Survey, A -5, Tract 17.13, 8.1 acres IV. DESCRIPTION OF WORK: Cut and remove tress and underbrush along fence line at the intersection of Zweifel Road and Locke Road to improve the sight distance at stop sign. County will re -build H -brace and re -tie wires back to existing fence. V. MAINTENANCE: Yes X No IF YES, ESTIMATE FREQUENCY OF MAINTENANCE: Only when necessary, by any means necessary. I (we) the undersigned owner(s) grant permission to Brazos County the ability to access the above mentioned private property for roadway maintenance purposes. Owner's Signature: �lJ F- < -,,4 . , P" `S R. Alan Munger, P. T j County Engineer BRAZOS COUNTY PRIVATE PROPERTY ACCESS FORM Date: M' 09 - A>&2 of Way Agent Vol. 1 (0 p 1 BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2011 -2012 BUDGET YEAR NO. 11/12 43.1- 43.9 On this the 21 st day of August 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 21 st day of August 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 21 st day of August 2012. THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. r By: Duane Peters, County Ju ge Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. / P ! BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 43.1 8/21/2012 FUND DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 21002000 61010000 CR Advertising-Legal Notices 1,400.00 0100 21002000 65320000 CR Equipment Maintenance 4,000.00 0100 21002000 72590000 CR Professional Fees - Other 1,100.00 0100 21002000 60280000 DR Election Supplies 6,500.00 County Clerk - Elections Reallocation of funds for election su pplies for r stocking of mail ballot envelopes. Prepared By :.nnrrij Vol. 1 (0 5 Pg. a00 Department Approval....._ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 43.2 8/21/2012 FUND Div ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 11001500 61130000 CR General Fund Conting 7,673.00 0100 21002000 52700000 DR Election Workers 7,128.00 0100 21002000 53100000 DR Social security 545.00 General Fund Contingency and County Clerk - Elections Reallocation of funds Dav Election Workers. 'De `aitmentA ro a yal (• P Prepared Byt . ynntn _..._ .._ _ ...pP . !Co my Judge Approval ..__t..._..- ._....,__ "u .. 1..Date;', Vol. 2 Pg �� • BRAZOS COUNTY, TEXAS. BUDGET AMENDMENTS No. 11112 - 43.3 8/21/2012 FUND DIV ACCT PROJ DPJCR ACCOUNT NAME Increase Decrease 2400 24005400 60170000 CR Copier/Printer/Fax Supplies 2,415.00 2400 24005400 67281000 DR Minor Equip. - Electronic 1, 2400 24005400 65320000 DR Equipment - Maintenance 480.00 2400 24005400 60500000. DR Office - Equipment 435.00 r Justice of the Peace PCT 4 - Judge Jones Reallocation of funds to purchase a fax machine,.platinum annual maintenance fee and fax, and a office whoomper (used to date and time stamp incomin forms etc.. P ?eparedBy .1 65,:. P . ' loo"?, Vol. g BR ' AZOS- COUNTY, TEXAS BUDGET AMENDMENTS No....I 1/12 - 43.4 8121/2012 ACCOUNTNAME Contract Placement 'General Fund Contingency and Court Support Civil Reallocation of funds to cover Court Cost for remainder of FY 12. 1-A6 (0 5 p Vol g. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 1 111 2 - 43.5 8/21/2012 FUND DIV ACCT PROJ DRICR ACCOUNT NAME Increase Decrease 0100 110015001 61130000 CR General Fund Contingency 10,000.00 0100 280020001 65350000 DR Gasoline - 10,000.00 IGeneral Fund Contineencv and Sheriff - Jail Administration I I - i of funds to cover gasoline cost for remainder of FY 12. hhm 6/20z 66 :A 'j ddigr A pprqyOVI�'. Vol. s pa doq 4= - BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/ 12- 43.6 8/21/2012 FUND DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 365001001 65400000 CR Grounds Maintenance 2,970.00 0100 365001001 60360000 DR Furniture 2,970.00 Brazos Center - Adm Reallocation of funds to replace five old/damaged table carts and to purchase twelve new conference tables to bring the inventory up to 45 to allow a set uD for 135. � X,�' ;,. ':r' •� ', %, i3.7... � •,f'7 � _ � ; ,. -et:: .:.Y �-�,5�.. � .��.. Y D" ate: ra �F_' .., .; ' �• 8%1.'fi/201-2 bepartinent;Approval_' nty, �udge'Approvah,• „ ,• _ �, VOL ___ (0,5 - �...'BRAZOS COUNTY, TEXAS °BUDGET• AMENDMENTS ' - No. 11/12 - 43.7 8/21/2012 FUND DIV I ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 0100 110015001 61130000 CR General Fund Contingency 20,000.00 0100 280001001 65350000 DR Gas oline 20,000.00 /General Fund Contingency and Sheriff Administration I I of funds to cover gasoline cost for remainder of FY 12. 1612012': f&6 p a Vol. g ��e... r !f... • ' '�!L' _ s'F.,iY• �..C�:� <J.^^.,1, vST'L� "JS'` 't ^vI'.'Y.,f •;,� _ ��t �Departm 'ent�Approval- _.�_�_..._�; =F;; _ �.. °�ti: �_�_..: Da[e�y:•�_,�...__..J,_. BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11112 - 43.8 8/2112012 FUND DIV ACCT PROJ DR/CRI ACCOUNT NAME Increase Decrease 0100 110015001 61130000 CR lGeneral Fund Contingency 10,000.00 0100 28000100 .65950000 DR IVehicle Maintenance 10,000.00 General Fund Contingency and Reallocation of funds to cover vehicle maintenance cost for remainder of FY 12. V0 1. &-5 Pg c 0 7 BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 11/12 - 43.9 8/21/2012 FUND DIV ACCT PROJ DR/CR - - ACCOUNT NAME Increase Decrease 0100 30101100 51100000 CR Sala - Election Official 14,371.00 0100 30101100 51440000 DR Salary -Law Enforcement 14,371.00 nstable Pct. #1 Reallocation of funds to creation of Acting Agency Head for remainder of FY 12. �� {•, 'y1.', rY. � ' � I ti „�• :fir,' .. rEririe'rif`Aoriroval`, Vol. l pg. a p g PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: August 21, 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 District Attorney McCune, Nathan Resignation Wormly, Krystal Resignation Expo Rowe, Scott New Hire MPO Wang, Bo Resignation S.O. Jail Collins, Shantell Cooper, C.E. Nance, Clint Stone, Elizabeth Transfer w /in Dept. Retirement Resignation Transfer to Another Dept. Treasurer Seale, Allan New Hire Approved in Commissioners' Court: Au ust 012: County Judge's or Commissioner's Signature: (This Copy to be attached to minutes) C, Vol. (o p �� / Brazos County Purchasing Department Weekly Update 8/10/12 — 8/16/12 Number of PO's Processed: 75 Requisitions Completed: 0 Capital Payments: 1 Projects In Progress Construction Courthouse: Phase III - Currently working on detention area on 1s floor o Floor finishes and painting - Currently working on mechanical yard in courtyard area o Installing Chillers and generator - Elevator in progress • Pouring slab in basement • Installing framework Bids/ RFP's/ RFQ's RFQ for MPO RFQ for Surveyor RFQ for Tax Office Architect Poly Jute Inmate Telephone Services Employee Insurance Janitorial and Cleaning Supplies Mail Services Collection of Fines and Fees - Solicitation in progress - Solicitation in progress -SOQ's under eval. -Dept. reviewing specs - Currently open - Evaluating responses -Specs in Progress -Specs in Progress -Specs in Progress Renewals Delinquent Property Tax Furniture Cleaning Contract Lane Striping Road Signs and Sign Posts -In Progress -In progress -In progress -In Progress Solicitation of Quotes Benches for Magistrate Courtroom AN for Magistrate Courtroom Other Auction - Accepting items at this time Purchasing Policy - Reviewing and revising policy Assets -Court Approval 7/24 - Solicitation in progress - Working on period 10 Print Management - 3 month printing analysis is complete. Results to follow. Roof Replacement - Working on proposal to write specifications Appliance Policy - Versions in progress for Court review - Currently under review by Auditor's office Radios for Bailiffs - Currently working on scope L Vol. 1 -5 pg. a // Duane Peters Date County Judge