HomeMy WebLinkAbout1987-11-02-1000AM-Special' 11
1 '
ow- 2:
BR.AZOS COUNTY
BRYAN. TBXAB
AGENdA FOR COMMISSIONERS' COURT MEETING - MONDAY NOVEMBER 2 1987, 10:00 A.M.
1~. Consideration of budget amendments.
2. Certification of official county road miles.
3. Consideration of contract for job training partnership
act programs between Brazos Valley Private Industry
Council and Brazos County Juvenile Probation Department.
4. Selection of outside auditor for Brazos County.
5. Consideration of award of the following bids and authorize
the payment thereof:
(a) Rigging and Winch for Haul Truck for Road and
I Bridge Department.
(b) Annual Asphalt Paving Oil Contract for Road and
Bridge Department.
(c) Annual Lamp and Ballast Contract for Maintenance
Department.
16. Approve action taken by the Health Facilities Development
Corporation-on the-St. Joseph project.
' 7. Consideration of change in status of employees.
' I
8. Payment of claims.
9. Other Business - Discussion Only - No Action To Be Taken.
10. Adjourn
' I
k
II ~ ,
~f
VO PACs E_(to_
I/--,\
E
•
•
COMMISSIONERS' COURT
SPECIAL MEETING
NOVEMBER 2, 1987
A special meeting of the Commissioners' Court of Brazos
County, Texas vas held in the Commissioners' Courtroom in the
Courthouse in Bryan, Brazos County, Texas, beginning at 10100
a.m. on Monday, November 2, 1987, with the following members of
the Court presence
R. J. Holmgreen, County Judge, Presiding;
bill J. Cooley, Commissioner of Precinct It
Walter Wilcox, Commissioner of Precinct 2, Absent
Billy E. Beard, Commissioner of Precinct 3;
Milton Turner, Commissioner of Precinct 4;
Frank Boriskie, County Clerk, Absent.
The following citizens and officials were in attendances
Ruth McLeod Administrative Assistant
Carol Snedeker Admin. Asst. to County Judge
Bea Green Secretary to Commissioners
Sharon Fairchild Auditor
Rebe6ca Shults Purchasing
A. H. Winder County Engineer
Sandie Walker Treasurer
Terri White Deputy Treasurer
Mary Ann Ward County Clerk's Office
Ray Truelove Justice of Peace, Pct.3
Ronnie Crocker Bryan/College Station Eagle
Alice Brown KBTX-TV
Bob Luna KBTX-TV
Kelly Cartwright WTAW-Radio
Bubba Moore The Press
L. G. Crum Brazos County Citizen
The first item to be considered by the Court vas Budget
Amendment X22 which would reallocated funds budgeted for the
Sheriff's Department, District Attorney's Department
Environmental Protection and transfer funds from the office of
Justice of the Peace Precinct S to Justice of the Peace
Precinct 3. On motion by Commissioner Turner, seconded by
Commissioner Beard, the Court voted unanimously to approve the
1budget amendment as submitted. A copy of which is attached
hereto.
The Court next considered certification of official County
road miles. The Court received a letter from the County
Engineer stating that there had been no change in the mileage
and that Brazos County maintained 469 miles of roads. On motion
Eby Commissioner Beard, seconded by Commissioner Turner,
W'.
r
A
i
i
1
f
Commissioners Court meeting November 2, 1987
~I
Ithe Court voted unanimously to officially certify that Brazos
County maintained 469 miles of roads.
The Court next considered approval of a contract with the
i'
`Brazos Valley Private Industry Council to promote the employment
{of juvenile offenders as authorized under the Job Training
I I
!Partnership Act, Public Law 97-300. The contract period will be
Ii
(for one year commencing July 1, 1987 and terminating June 30,
P988. The contract provides $25,911 to be administered by the
I
{Juvenile Probation Department. On motion by Commissioner Cooley,
I:
1``1seconded by Commissioner Beard, the Court voted unanimously to
%1authorize the County Judge to execute the contract on behalf of
I~
~I
i'Brazos County. A copy of the contract is attached.
On motion by Commissioner Beard, seconded by Commissioner
(Turner, the Court voted unanimously to retain the firm of Duret,
lwood, Milberger and Associates as outside auditors for Brazos
lCounty.
The Court next considered awarding the following bides
4I
Bid No. 87-395 - Rigging and Winch for Haul Truck for
I Road and Bridge Department.
1. Winch
2. Construction and Assembly
SOUTHWEST TRUCK RIGGING FLEET TRAILER TRUCK
AND EQUIPMENT EQUIPMENT COMPANY
1. $6,850 1. No Bid
2. $4,600 2. $12,393/inc.winch
HAFFORD EQUIPMENT COMPANY BRYAN MACK SALES
AND SERVICE
1. $6,466 1. $6,770
2. S6,514 2. $4,908
Rebecca Shults, Purchasing Agent, recommended
acceptance of the low bid submitted by South-
west Truck Rigging and Equipment. On motion
by Commissioner Beard, seconded by Commis-
sioner Turner, the Court voted unanimously to
accept the recommendation of the Purchasing
Agent and award the contract to Southwest Truck
Rigging and Equipment.
VOL PAG
6
~t
C
A
i
1
;I
f
1
r
Commissioners' Court meeting November 2, 1987
I
•
Bid No. 87-397 - Annual Asphalt Paving Oil Contract
1. 15,000 gallons MC30 Prime Oil
2. 30,000 gallons CRS2 Seal Coat Material
3. 15,000 gallons AC-10 Seal Coat Material
4. 20,000 gallons HFRS-2 Seal Coat Material
FINA OIL b CHEMICAL CO. GULF STATES ASPHALT
Unit Unit
Price Total Price Total
1. $.6358 $9,537.00 $1.13 $16,950.00
2. No Bid $ .68 $20,400.00
3. $.5912 $8,868.00 $ .68 $10,200.00
4. No Bid $ .68 $13,600.00
WRIGHT ASPHALT PRODUCTS
Unit Price Total
1. $.6358 $9,537.00
2. No Bid
3. $.5912 $8,868.00
4. No Bid
Rebecca Shults, Purchasing Agent, recommended
acceptance of the low bids on each individual item
as,followet
1. MC30 Prime Oil - Fins Oil 6 Chemical Company
2. CRS2 Seal Coat Material - Gulf States Asphalt
3. AC-10 Seal Coat Material - Fina Oil & Chem. Co.
4. HFRS-2 Seal Coat Material - Gulf States Asphalt
Ms. Shults also recommended Wright Asphalt
Products be awarded the alternate bid on all
items. On motion by Commissioner Cooley,
seconded by Commissioner Beard, the Court voted
unanimously to accept the recommendation of
the Purchasing Agent and award the contract as
stipulated above.
Bid No. 87-396 - Annual Lamp 6 Ballast Contract
Description Qty. No. of
per /case cases
Lamps:
r,
u
1.
Incandescent, 130V 25W,
Clear
60
15
2.
Incandescent, 130V 25W,
Clear
60
15
3.
Incandescent, 125-130V
60W, Ext.
120
15
4.
Incandescent, 125-130V
75W, Flood
24
15
5.
Incandescent, 125-130V
100W, Ext.
120
15
6.
Incandescent, 125-130V
150W, Ext.
60
15
7.
Incandescent, 125-130V
200 W, Ind.
60
15
8.
Florescent, 20000+, 48" cool wht
30
15
9.
Florescent, 12000+, 96", cool wht
15
15
10.
Florescent, 12000+, 22
7/6 c wht
12
15
11.
Florescent, 12000+, 22
7/6 Ubent
12
15
.Y
I
f
V®L PAUL 3
i
I~
i,
,I
,i
VO
Commissioners' Court meeting November 2, 1987
Ballasts3
Qty.
Number
per/case of cases
1. RQM 2540-TP-120V
10 15
2. VQM 2540-TP-277V
10 15
3. SM2E75-STP
6 15
CENTRAL ELECTRICAL SUPPLY
Unit price
Unit Price Total
Per Bulb
Per/Case
Price
1.
$1.76
$105.60
$1,584.00
2.
$0.92
$ 55.44
$ 831.60
3.
$0.61
$ 72.60
$1,089.00
4.
$2.57
$ 61.68
$ 925.20
5.
$0.83
$ 99.00
$1,485.00
6.
$0.96
$ 57.42
$ 861.30
7.
$2.53
$151.80
$2,277.00
8.
$0.92
$ 27.72
$ 415.80
9.
$2.38
$ 35.70
$ 535.50
10.
$3.59
$ 43.80
$ 646.20
11.
1
$3.59
$ 43.08
$ 646.20
1.
$6.66
$ 66.60
$ 999.00
2.
$7.83
$ 78.30
$1,174.50
3.
$10.85
$ 65.10
$ 976.50
DEALERS ELECTRIC
SUPPLY
Uni
t price
Unit Pric
e Total
Per Bulb
Per/Case
Price
1.
$2.15
$129.00
$1,935.00
2.
$1.53
$ 91.80
$1,377.00
3.
$1.38
$165.60
$2,484.00
4.
$4.46
$107.04
$1,605.60
5.
$1.61
$193.20
$2,898.00
6.
$1.58
$ 94.80
$1,422.00
7.
$2.94
$176.40
$2,646.00
8.
$1.18
$ 35.40
$ 531.00
9.
$3.09
$ 46.35
$ 695.25
10.
$6.04
$ 72.48
$1,087.20
11.
$6.04
$ 72.48
$1,087.20
1.
$6.77
$ 67.70
$1,015.50
2.
$7.99
$ 79.90
$1,198.50
3.
$11.08
$ 66.48
$ 997.20
Rebecca
Shults,
Purchasing
Agent, recommended
awarding
the ballast bid to
Central Electric
Supply a
nd the lamp bid to
Dealers Electrical
Supply.
The low bidder
on lamps, Central
Electric
Supply,
did not
meet bid-specifi-
cations
on lamps.
On motio
n by Commissioner
Beard,
seconded
by Commiss
ioner Turner, the
Court vo
ted unani
mously to
follow the recom-
mendatio
n of the
Purchasing A
gent and award the
contract
as state
d above.
The Coun
ty Judge
announced t
hat approval of action
taken by the
Health Fa
cilities Dev
elopment Corporation
would be dela
yed until
Thursday, November 5, 1987 at 1t00
p.m.
AGE ltN
f
1
~i.
sioners' Court meeting November 2, 1987
•
E
•
The Court proceeded to consider the change of status
of the following employees:
Shannon, Joan Sheriff Off. Termination
Zweifel, Shawn Brazos Center N/Emp. Temp
Harris, Leland Brazos Center N/Emp. P/T
Sorenson, Bonnie Health Dept. New Employee
Medina, Gloria Tax Office Termination
Horton, Dana Tax Office Termination
Hanna, Annette Dist. Atty. Termination
Goehring, Allen Dist. Atty. Termination
Ellis, Kevin Dist. Atty. N/Emp. P/T
Metzer, Timothy Sheriff Off. New Employee
Russell, James 272nd Dist Crt. New Employee
Grosse, Dorothy Brazos Center New Employee
Lanehart, Ginger 361st Dist Crt. Sp. Request
)n motion by Commissioner Cooley, seconded by Commissioner Beard,
the Court voted unanimously to approve the changes as submitted.
The Court next considered the following Claims as submitted by
the County Treasurer for payment:
10, General Fund------------Claims 91460 thru 91861
20 Road & Bridge-----------Claims 91971 thru 92235
22 Road & Bridge II--------Claims 91862 thru 91868
25 Capital Impro. Debt Ser-Claims 91869 thru 91873
30 Capital Projects & Improvements:
Proposition I-----Claims 91869 thru 91873
40 Law Library-------------Claims 91874 thru 91883
42 Revenue Sharing---------Claims 91884 thru
54 Health Department-------Claims 91910 thru 91914
70 Indigent Health Care----Claims 91965 thru 91966
90 Community Services Off--Claims 91967 thru 91869
94 Victim Assistance Prog--Claims 91970 thru
3n motion by Commissioner Beard, seconded by Commissioner Turner,
the Court voted unanimously to approve the Claims as submitted.
Under other business, the County Judge announced that the
Court had nominated Tom Borski for the position on the Appraisal
Board.
There being no further business to come before the Court, the
meeting was recessed until Thursday, November 5th at 1:00 p.m.
Y' O PAG
,
1 411
t
i~
t
i
i
f
I
! I
t
1 .I
November 5, 1987
1:00 P.M.
The Commissioner's Court meeting was reconvened at.1:00 p.m.
with all members of the Court present. The County Judge recessed
the meeting to allow time for the Board of Directors of the Brazos
(County Health Facilities Development Corporation to hold a meeting
prior to the Commissioners Court meeting.
The Commissioners' Court continued with the Court's
consideration of a Resolution relating to Brazos County Health
i
Facilities Development Corporation Hospital Revenue Bonds (Saint
Joseph Hospital & Health Center of Bryan, Texas). On motion by
Commissioner Beard, seconded by Commissioner Turner, the Court
voted unanimously to adopt the Resolution, a copy of the
Resolution is attached to and made.a part of these minutes.
` There being no further business to come before the Court, the
meeting was adjourned.
E'
1
r
1
t
it
.I/-~
r
i
K
I
1
1)
1
BRAZOS COUNTY, TEXAS
1 , BUDGET AMENDMENT(S) FOR THE 1987 BUDGET YEAR
j ' NO. 22
i On 'this the 2nd day of November 1987 at a special meeting of the
Commissioners' Court the following members were present:
R. J. Holmgreen, County Judge, Presiding
pill J. Cooley, Commissioner, Precinct 1;
' Walter Wilcox, Commissioner, Precinct 2; Absent
Billy E. Beard, Commissioner, Precinct 3;
Milton Turner, Commissioner, Precinct 4;
Frank Boriskie, County Clerk.
1
The following proceedings were held:
THAT WHEREAS, on November 2, 1987, the Court heard and appLoved a
budget amendment for the 1987 budget year for Brazos County, Texas.
WHEREAS, an emergency expenditure is necessary due to grave public
necessity to meet unusual and unforeseen conditions which could not
be reasonably included in the original budget adopted OCLober 27,
+ 1986,'the following amendment(s) to the r• i 1 h
•
!
1, 1
.
1
o.v na are ere by
authorized, as described on the attached l page(s).
1 ,
ADOPTED AND APPROVED this the 2nd day of November 1987
THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS.
I ~
R. J. Holmgreen County Judge
Original: County Clerk's Office and attached to the original budget
Copies: County Auditor
County Treasurer
Commissioners Court Minutes
Budget Amendment File
VOL Pkw E
,
*rBudget Amenlment 122 11-02-87 -
Account No. Department
Reason
Increase
,_(Deccease)
f
~
! ' i
1-6213 Sheriff
1,0-3
Reallocation
Automo'tive Department
of funds
5,216
i ,
10-00-4690
Reallocation
I
Sale of fixed assets
of funds
(5,216)
NO INCREASE TO DEPARTMENT BUDGET
I y
10-22-5118 District
Reallocation
Extaa Help Attorney
of funds
1,200
P
10-22-5640
Reallocation
r
Sp. Microfilming
of funds
(1,200)
NO INCREASE
TO DEPARTMENT
BUDGET
'
10-8375119 JP Pct. 3
Transfer
P/T Help Truelove
of funds
1,489.
10-83-5121
Transfer
Soc► Sec.
of funds
104
INCREASE TO DEPARTMENT BUDGET $1,594
r
}
.
10-82-5119 JP Pct. 5
Transfer
:P/T Help Dobrovolny
of funds
(1,489)
10-82-5121
Transfer
Soc. Security
of funds
( 104)
DECREASE TO DEPARTMENT BUDGET $1,594
10-34-5518 Environmental
Transfer
I
Other/Misc. Protection
of funds
( 250)
,
e10-34-5527
Transfer
-Car Allowance
of funds
250
,
NO INCREASE
TO DEPARTMENT
BUDGET
1
'
NO INCRE
ASE TO GENERAL
FUND
, I
NOL PAGE (OR
~i
,i
a
I
.1
i
I
1
J~
c
BRAZOS VALLEY PRIVATE INDUSTRY COUNCIL
CONTRACT FOR
JOB TRAINING PARTNERSHIP ACT PROGRAMS
STATE OF TEXAS
COUNTY OF BRAZOS
SECTION I. PARTIES TO CONTRACT
L~- I
This contract and agreement is made and entered into by and
between the Brazos Valley Private Industry Council, a Texas
Corporation operating under the laws of the State of Texas,
hereinafter referred to as "BVPIC" and Brazos County Juvenile
Probation Department, a recognized department of Brazos County,
hereinafter referred to as Brazos County Juvenile Probation
Department or Contractor. The parties hereto have severally and
collectively agreed and by the execution hereof are bound to the
mutual obligations and to the performances and accomplishment of tha
tasks hereinafter described.
SECTION II. CONTRACT PERIOD
The period for performance of this contract shall commence July '
1, 1987, and shall terminate June 30, 1988, unless prior to such date
of termination Brazos'County Juvenile Probation Department receives
written notification from BVPIC extending the period of performance
of this contract.
SECTION III. CONTRACTOR PERFORMANCE
•
Contractor has been retained by BVPIC to furnish certain
services, specified in Attachment A, which includes: establishment
of a job placement counselor responsible for the development,
placement and evaluation of youth identified as an offender by the
Brazos C_unty Court-at-Law, or the Brazos County District court and
who have been placed under the supervision and guidance of the Brazos
County Juvenile Prc=ztion Department. Funds expended to promote the
employment of juvenl3a offenders are authorized under the Job
Training Partnership Act, Public Law 97-300, herein referred to as
"JTPA" or "the Act", and in accordance with the approved job training
plan for the Brazos Valley Service Delivery Area and in accordance
with all other term and conditions of this contract. Juveniles
utilizing these services must be certified as JTPA eligible prior to
placement in any activity. Place=ents made prior to certification
shall be deemed unauthorized, and any expenditure of JTPA funds to
secure placement shall also be deemed unauthorized. Contractor shall
be responsible and held liable :or reimbursement to BVPIC for
unauthorized expenditures.
VOL V --U- ~?.a
,
:1
Contractor covenants and agrees to fully perform, with good
faith, due diligence, and in conformity, with this contract and the
services described in Attachment A. Contractor understands and
_ agrees that such exhibits shall be incorporated herein for all
purposes incident to this contract.
Brazos County Juvenile Probation Department shall provide
services in accordance with the Job Training Partnership Act, Public
Law 97-300, the approved job training plan for the Brazos Valley
Service Delivery Area, and with all other terms and conditions of
this agreement. Brazos County Juvenile Probation Department agrees
to perform the services described in Attachment A, Statement of Work.
SECTION IV. BRAZOS VALLEY PRIVATE INDUSTRY COUNCIL OBLIGATIONS
A. Measure of Liability
In consideration of full and satisfactory performance hereunder,
BVPIC shall be liable to Brazos County Juvenile Probation Department
in an amount equal to the actual cost incurred by Brazos County
Juvenile Probation Department in rendering such performance, subject
to the following limitations:
1. BVPIC shall not be liable for expenditures made in.
violation of the provisions of the Job Training Partnership Act,
the JTPA regulations set forth at 20 C.F.R. Parts 626-638, 48
Federal Regulations 11076, at. seq. (1983), or in violation of
any other regulations and issuances subsequently promulgated
under JTPA, or otherwise applicable.
2. Except as otherwise specifically authorized by BVPIC in
writing, BVPIC shall be liable only for expenditures made in
compliance with the cost principles and administrative
requirements set forth in circular Kos. A-87 and A-102, as
supplemented by the final rules promulgated by the Office of
Governor at 7 Texas Register 3172 (August 31, 1982) under the
Uniform Grant and Contract Management Act of 1981, Article 4413
(32g), V.T.C.S.
3. BVPIC shall not be liable to Brazos County Juvenile
Probation Department for costs incurred or performances rendered
by Brazos County Juvenile Probation Department before
commencement of'this contract or after termination of this
contract, except as provided by 49 Fed. Reg. 10252 (1984) and
JTPA Issuance 84-12.
4. Notwithstanding any other provision of this contract,
it is understood and agreed by the parties hereto that BVPIC's
obligations under this contract are contingent upon actual
receipt of adequate funds from Texas Department of Community
Affairs to meet BVPIC liabilities hereunder.
i
-71
•4
i=
1.
r'
. u'
l;
a
VO PAGE d
r~
I
9
r'
B. Method of Payment
1. Request for Advances - That in consideration for
i services to be rendered, and to provide available funds in the
pursuit of the objectives of this contract, Brazos County
Juvenile Probation Department will receive an advance of funds
estimated to be sufficient for operations for 90 days and
additional advances each 90 days thereafter as requested.
t
2. No later than sixty (60) days following the date of
termination of this contract, Brazos County Juvenile Probation
Department shall submit a contract closeout report. Such report
shall include a full accounting of JTPA funds expended under the
terms of the contract.
•
•
C. Limitation of Liability
1. Brazos County Juvenile Probation Department understands ,
and agrees that it shall be liable to repay to BVPIC amounts
determined to be expended in violation of the terms of this ,
contract.
2. BVPIC by the execution of this contract acknowledges-
that BVPIC has received an obligation from the Texas Department
of Community Affairs which, if paid, will be sufficient to pay
costs properly incurred by Brazos County Juvenile Probation
Department for performances rendered under this contract in the
amounts specified below in this subsection (D)(2):
JTPA Obligation Authority $25,911.00
SECTION V. LEGAL AUTHORITY
A. Brazos County Juvenile Probation Department assures and
guarantees that it possesses the legal authority pursuant to an
official motion or resolution, giving Brazos County Juvenile
Probation Department legal authority to enter into this contract,
receive the funds authorized by this contract and to perform the
services Brazos County Juvenile Probation Department has obligated
itself to perform under this contract.
B. The person signing this contract on behalf of Brazos County
Juvenile Probation Department hereby warrants that he/she has been
fully authorized by Brazos County Juvenile Probation Department to
execute this contract on behalf of Brazos County Juvenile Probation
Department and to validly and legally bind the Brazos County Juvenile
Probation Department to all the terms, performances and provisions
• herein set forth.
SECTION VI. COST PRINCIPLES
Except as specifically modified or superseded by the Act, the
JTPA regulations, the terms of this contract, or the terms JTPA
issuances subsequently promulgated hereunder, in rendering
, . -.464
r. w--
r
.
performances under this contract, Brazos County Juvenile Probation
Department shall comply with the cost principles set forth in _
Circular No. A-87, as supplemented by the final rules promulgated by
the office of the Governor at 7 Tex. Reg. 3172 (August 31, 19821
under the Uniform Grant and contract Management Act of 1981, TEX.
REV. CIV. STAT. ANN. Article 4413 (32g).
SECTION VII. UNIFORM ADMINISTRATIVE REQUIREMENTS
;
Except as specifically modified or superseded by the Act, the
JTPA regulations, the terms of this contract, or in rendering
performances under this contract, Brazos County Juvenile Probation
Department shall comply with the uniform administrative requirements.
a
set forth in Circular No. A-102, as supplemented by the final rules
promulgated by the Office of the Governor at 7 Tex. Reg. 3172 (August-
31, 1982) under the Uniform Grant and Contract Management Act of
1982, TEX. REV. CIV. STAT. ANN. Article 4413 (32g).
15
SECTION VIII. REPORTING REQUIREMENTS
.t
Brazos County Juvenile Probation Department shall submit such
other data, and information on the operation and performance of this
contract as may be requested by BVPIC. _
,f7
SECTION IX. RETENTION AND ACCESSIBILITY QF- RECORDS
A. Brazos County Juvenile Probation Department shall maintain-
,b
participant records, financial management records, and supporting
documentation for all expenditures of funds made under this contract.
Contract shall comply with the retention and custodial requirements
for records referenced in Section VII, Uniform Administrative
Requirements of this contract.
B. Brazos County Juvenile Probation Department shall give the
United States Department of Labor, the Comptroller General of the
United States, the General Accounting Office, the Auditor of the
State of Texas, and BVPIC, or any of their duly authorized
representatives, access to and the right to examine, copy or
mechanically reproduce, all reports, books, papers, documents, and
other records pertaining to this contract. Such rights to access
shall continue as long as the records are retained by Brazos County
Juvenile Probation Department. Brazos County Juvenile Probation
Department agrees to maintain such records in an accessible location.
Brazos County Juvenile Probation Department shall permit and
cooperate with 4ny examination conducted pursuant to this Subsection
IX, B.
SECTION X. CHANGES AND AMENDMENTS
Any alterations, additions or deletions to the terms of this
contract shall be by amendment hereto in writing and executed by both
parties to this contract.
V® PA GO -y
1
i
a
11
•t
• r
1
'r
- SECTION XZ. INDEPENDENT CONTRACTOR _
It is expressly understood and. agreed by-both parties hereto
that BVPIC is contracting with Brazos County Juvenile Probation
_
Department as an Independent Contractor, and that Brazos County,
Juvenile Probation Department agrees to indemnify BVPIC for all
disallowed costs which may be asserted by BVPIC or any third party
occurring in connection with the services to be performed by Brazos
County Juvenile Probation Department under this contract, and for
which Brazos County Juvenile:Probation Department would be liable )
under the Texas Tort Claims Act, Civil Practice and Remedies Code,
Section 101, TCA.
i
•
i
In rendering performances hereunder, Brazos County ouvenile
Probation Department shall comply with the requirements of the Act,
with the regulations promulgated thereunder, and with other
applicable laws and regulations. In the event of a conflict between
such laws and regulations and the terms and conditions of this
contract, precedence shall be given to the laws and regulations.
1
SECTION XIS. AUDITS
A. Brazos County Juvenile Probation Department will arrange for
a single, organization-wide audit of its program which: will include.a
financial and compliance audit of JTPA. programs funded under this
a
~
contract. Brazos County Juvenile Probation Department shall --i
coordinate such arrangements with BVPIC.
~•h'
B. Brazos County Juvenile Probation Department understands and
agrees-that Brazos County Juvenile Probation Department shall be.
_
liable-to BVPIC for any costs disallowed as a result of audit. •
SECTION XIII. TECHNICAL ASSISTANCE AND MONITORING
BVPIC reserves the right for BVPIC or its designee to conduct
monitoring and evaluation of the performances rendered under this
contract.
SECTION XIV. COMPLIANCE WITH LAW/ORDER OF PRECEDENCE
SECTION XV. PREVENTION OF FRAUD AND ABUSE
Brazos County Juvenile Probation Department shall establish,
maintain, and utilize internal program management procedure
sufficient to provide for the proper, effective management of all
activities funded under this contract.
SECTION XVI. PREVENTION OF CONFLICTING INTERESTS
No employee of Brazos County Juvenile Probation Department, no
member of Brazos County Juvenile Probation Department's governing
board or body, and no person who exercises any function or
responsibilities in the review or approval of the undertaking or
carrying out of this contract shall participate in any decision
r
- _
i._
relating to this contract which. affects his personal pecuniary
• : interest.
t'- L •y ,.may
--'y SECTION XVII. SECTARIAN INVOLVEMENT PROHIBITED
Brazos County Juvenile Probation Department shall ensure that no
- funds under this contract are used either- directly or indirectly in
the support of any religious or anti-religious activity, worship, For
,
instruction.
SECTION XVIII. POLITICAL ACTIVITY: LOBBYING
n
No funds provided under this contract may be used in any way to
;
attempt to influence in any manner a member of Congress to favor or
I,'
oppose any legislation or appropriation by Congress, or for lobbying•
with State or local legislators.
~'st
SECTION XIX. NONDISCRIMINATION AND EQUAL-OPPORTUNITY
No person in the United States shall on the grounds of race,
color, religion, sex, national origin, age, handicap, political
affiliatiorr or belief be excluded from.participatior in, be denied
~
the benefits of, be subjected to discrimination under, or be denied.
employment in the administration of or in connection with-'any progrw~•
or activity funded in whole or in part with funds made available
under this contract.
SECTION XX. SPECIAL PROVISIONS
That this contract may be terminated by either party after
giving the other party one hundred eighty (180) days advance written.
notice or their intent to terminate this contract.
SECTION XXI. ORAL AND WRITTEN AGREEMENTS
A. All oral or written agreements between the parties hereto
relating to the subject matter of this contract that were made prior
to the execution of this contract have been reduced to writing and
are contained herein.
B. Brazos County Juvenile Probation Department understands and
agrees that the following Attachments are hereby made a part of this
contract and constitute promised performances by Brazos County
Juvenile Probation Department under this contract:
1. Attachment A, Proposal
2. Attachment B, Assurances, 3 pages.
I~
C
•
•
4 06 . .
t'
r
r;;:;~.TIiZZ'~TE3S: OL~s~A~DS E88ECTZQ~-T9I~•SIP.4'L~D~AY"- OF' JIILY, •I98T~ ~ N
71
j' •~:fr. ~ , ~ _ ~ mss,' ' :r' ^ u3,=- •-+.:..i-.- _ - _ - " ~ a40,•, •Y r+ - .rte .a•. "y 1' .a.r+, _ ~y~~, ~.4 _ r ••.+...`.r - - -
-Age
APMOQED, AM ACCEPTED OX BEHALr_OF TML BRAZ03 YALLG►{. PRT"iLr i CDUSTR
I..
COUNCIL. - r • w.r - -
AAr
A' , r. r •!r.,4+i» - • r Brat S. V31I Private- Industry
council.
504- E-. 27th Street _
- _ Bryan. Texas 77803,
•
VOL -a
y
t
/
t
' • ATTACHMENT A
= - STATEMENT OF WORK.
Contractor. shall provide job placement assistance to JTPA
certified youth identified as an offender by the Brazoa County or
District Court. - '
Contractor shall place no less. than 12 in full timer
employment'. - For purposes of this agreement full time employment
- shall be no less than 30 hours weekly, at an averaga hourlp wager 4+
no less thaw $3.35.
Placement shall be considered valid upon the completion, by
participant of 30 hours employment. •r.
Contractor may utilize OJT funds, as- administered by- TBC/JTPJL
' Unit. It utilized., Contractor- agrees- placement is- not valid- until
s , the terms. ot. the, participantst OJT contract ara mot: t =
~4+ s
Contractor shall assist is the: placement ot.na less,. than
certified utbc in art-timer
Yo part-time employment. 'Part-timt emplayment : 44
- shall be- used. as an. incentive.fo= theiparticipants"'•ccntfnaad:,
attendance- iu•local school systems.
II
i
t
VC
1
C
•
t
s '
I
i ,
_ •i~
it
0
l
ASSURANCES
THESE ASSURANCES AND CERTIFICATIONS.ARB INCORPORATED BY REFERENCE
-w
INTO THE JOB TRAINING PARTNERSHIP'ACT PROGRAM CONTRACT:
Equal Employment Opportunity - No person shall be denied
employment, or training, excluded from benefits or suffer
discrimination in JTPA funded programs because of racer, color,
-
religion, sex, naticnaL origin, age, handicap, political belief
or affiliation. The contractor assures compliance with Title VII
-
of the Civil Rights•Act of 1964.
Sectarian Activity - Participants shall not be employed,or
tra ned building, operating-or maintaining any part of any
building which is used for religious instructions or worship.
,
r
Safety-Healthy Standards - Appropriate standards for health and
•J
safety, n. work and training situations will be maintained-
. .3
Political Activity - No JTPA funds, received under this agreement w
may be used to promote. political activities.
Labor - No JTPA funds received under this Agreement may be used..
to promote or discourage union organizing.
Worker's Compensation - Appropriate worker's compensation or•
equivalent insurance protection shall be provided for all
participants.
Grievance-Procedure - The established JTPA Grievance-Procedure,
as required by JTPA, is available to both the participant and the
contractor. Any investigation of complaints alleging violation
of the Act, regulations or other agreements under the Act will be
conducted through the established process.
Records Retention and Accessibility - The contractor shall
maintain trainee records, time attendance records and supporting
fiscal documentation for all expenditures of funds received under
this agreement. Contractor will maintain such records for a
period of three (3) years or until they are audited and any
litigation, audit or claim has been resolved.
Audit - BVPIC reserves the right to conduct or cause to be
conducted an independent audit of all funds under this agreement.
Contractor agrees to permit access to its books, records and
accounts insofar as they pertain to its performance under this
agreement, by officers and employees of the BVPIC audit staff or
other auditors as designated by BVPIC for the purpose of
investigation to ascertain compliance with such rules,
regulations and orders.
it is further understood and agreed that if any such failure or
refusal to perform results in any liability by BVPIC, to the
1d ~ 5 if" ~w ~.+f
1
I
t~
i
1-
J.
United States or to- any- other party, then and in that event tha= 0.:
Contractor shall promptly, pay and discharge such liability of- tht;.:.'s,"
BVPIC and if-the BVPIC has paid such liability, then.the
Contractor will promptly reimburse B`IPIC•in. such.amouat.
Maintenance of Effort - Contractor assures BVPIC no currently
~
employed worker is displaced by a JTPA participant (including a
;i
•
partial displacement such as a reduction in the non-overtime
-
work, wages or benefits of an employee) ; no job shall be created
in a promotional that shall infringe upon the opportunities of
-
current employees; no JTPA, participant shall be employed or joyr -
= -
opening filled, (1) when any other person. is on layoff frog they,
same or substantially the- same job, or (2j when the employer has.-
terminated.-the• employment of any regular employee or otherwise','
reduced the work force with the intent of filling the vacancy by
-
hiring a JTPA participant and utilizing subsidized wages as, set::
r - ;
forth in: the. Act.
JTPA Issuances-and Bulletins/Directives - Contractor shall
maintain.. copies- of JTPA Policy Direc Ives. and Information
Bulletins-relevant to Contractor involvement. Copies shall bee
r•' ,
made available to each of Contractor's employees having r
responsibilities to JTPA participants.
, r V
Property - Contractor understands that no property with. a. unit.
%
U
d ith funds received - •
h
,
a
c
value of n,ooo or more may a pur se w
under this contract without the prior written approval. of BVPIC..
Monitoring - BVPIC will periodically monitor contractor for tha r;
degree of compliance with the terms of this Agreement, the Act, .4;
and Federal and State requirements under the JTPA.
Conflict in Interest - No employee of Contractor, no member of rContractor's governing board or body, and no person who exercises
any functions or responsibilities in the review or approval of
the undertaking or carrying out of this contract shall
participate in any decision relating to this contract which
affects his personal pecuniary interests.
Prevention of Fraud and Abuse - Contractor shall establish,
maintain and utilize internal program management procedures
sufficient to provide for the proper, effective management of all
activities funded under this contract.
Changes/Amendments - It is understood and agreed by Contractor
and BVPIC that performance under this contract must be rendered
in accordance with the Act, the regulations promulgated under the
Act and the assurances and certifications made to the United
States Department of Labor by the State of Texas with regard to
JTPA programs.
Based upon these considerations and, in order to ensure the
effective performance of this contract by both parties, this
contract may be amended to adhere to policy directives and
voL_(~,_P A G E ~p
1
too I
•
•
40
KK`f. fntespietatfons'Yat\ STP as MOOII-brthw Stag or Tee o='~rYisa
3"' x~7~ y aQbat3ntf3~, Chang@s.` oCC'A L'. iLi.•t~` t8~ O~ 't~ ~f=B~nt. o~ - •7'N~
require Rents Or-th_ek _ _ ^:y _ , _ _ ••,1
w*: . f.' _ •.w: as y. f, •,...•'..~.r-++••w: , \ .n Y _ •w
' MY altaraticur, additiom Cm deletion to, the►-terms- of this -
_ contract shall be made. by -writtam amendment executed by -both
Contractor and SVPZC. -
x.41' . ~C ~:~~':.~st, .s,- :i.i r: _ r s•..... _ `i
7 :t
I
•
VOL_U-PA E_~Jl_ ~
t
l
RESOLUTION OF BRAZOS COUNTY COMMISSIONER'S COURT
RELATING TO APPROVAL OF THE BRAZOS COUNTY HEALTH FACILITIES
DEVELOPMENT CORPORATION FRANCISCAN SERVICES CORPORATION HOSPITAL
REFUNDING REVENUE BONDS (SAINT JOSEPH HOSPITAL AND HEALTH
CENTER OF BRYAN, TEXAS) SERIES 1987 B
WHEREAS, the creation of the Brazos County Health Facilities Develop-
ment Corporation (the "Issuer") was authorized by a resolution of the
Brazos County Commissioner's Court ("Brazos County") on January 11, 1982,
in accordance with the provisions of the Health Facilities Development
Act, Article 1528j, V.A.T.C.S., as amended; and
WHEREAS, Section 1.3(c) of the Bylaws of the Issuer provides that as
a condition precedent to the issuance of obligations, the Issuer must
obtain the approval of the issuance of such obligations by written resolu-
tion of Brazos County; and
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as
amended (the "Code") requires that the Commissioner's Court of Brazos
County approve the Bonds described below to be issued by the Issuer on
behalf of Brazos County, Texas for the purposes set forth in the resolu-
tion of the Issuer hereinafter described; and
WHEREAS, the Issuer intends to issue its $18,510,000 Brazos County
Health Facilities Development Corporation Franciscan Services Corporation
Hospital Refunding Revenue Bonds (Saint Joseph Hospital and Health Center,
of Bryan, Texas) Series 1987 B (the "Bonds"), pursuant to the resolution
of the Issuer attached hereto as Exhibit A and made a part hereof;
WHEREAS, the Bonds are being issued for the purpose of refinancing
the Issuer's Hospital Revenue Bonds, Series 1985 (Saint Joseph Hospital
Project) dated as of December 1, 1985, the proceeds of which were loaned
by the Issuer to Saint Joseph Hospital and Health Center of Bryan, Texas
(the "Hospital'); and
WHEREAS, Brazos County finds and determines it is necessary and
advisable that this Resolution be adopted.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONER'S COURT OF BRAZOS
COUNTY, TEXAS:
1. That the issuance of the Bonds by the Issuer is hereby approved
in accordance with the Bylaws of the Issuer; and
2. That the issuance of the Bonds is hereby approved for the pur-
poses of Section 147(f) of the Code.
q PA%G"1
g n -
•
The foregoing minutes have been examined and approved in
open Court this the S day of ,
19in Bryan, Brazos County, Texas.
V ✓ 1 ~~lG
R. J. o mgreen
County Judge
2;2'' V/ ~ ~
Walter Wilc6x
Commissioner, Precinct 2
Bill Jo<ooley
Commissioner, Precinct 1
Milton Turner
Commissioner, Precinct 4
ran Bor s e
County Clerk
i;