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Home My WebLink About2004-05-25-9:00AM-RegularTHE CC SESSIOr OF TH! BRYAN, 1. In 2. Cz Consider 3. B1 4. P~ 5. P~ 6. T{ 7. A O 8. Ti 9. BI NOTICE OF MEETING AND AGENDA BRAZOS COUNTY COMMISSIONERS COURT iMISSIONERS COURT OF BRAZOS COUNTY WILL MEET IN REGULAR ON 25 MAY 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM BRAZOS COUNTY COURTHOUSE, 300 E. 26TM STREET, SUITE 115, ?EXAS. ~cation and Pledge of Allegiance - Commissioner Mallard for citizen's input and/or concerns. ad take action on agenda items 3 - 18: lget Amendment 03/04-31.1 thru 03/04-31.2 ~onnel Change of Status. ment of Claims. mination of the Tax Increment Finance Reinvestment Zone No. 15 agreement veen Brazos County and the City of College Station. 'eement for Professional Services between Brazos County and Vertex Targeted )ortunities. Refund applications from the following: a. Lowe's Home Center, Inc. #103 b. The CIT Group zos County Community Healthcare Endowment Fund (CHEF) Funding :ommendations for FY 2004-2005: 10. A v te~ ll.A 12. R 13. R~ CO 14. C~ va 15. Pr fo: 16. Fi: lC 17. Re 1, 18. Pa PI: A- 19. A( av 25 May 2004 Page 2 a. Family Practice Foundation of the Brazos Valley, Inc. $44,175.00 -- TAR WARS in Brazos Valley prevention program b. Health For All, Inc. $15,000.00 -- pharmaceutical program c. Hospice Brazos Valley $50,000.00 -- non-funded hospice care for tobacco-related illnesses d. Stand Tall Against Tobacco $10,825.00 -- Stand Tall Against Tobacco prevention program 3ointment of Roland Haden as Brazos County's citizen representative on the Research iey Partnership Board of Directors, replacing Lynn Stuart who has completed his Fl. >roval of the following Blanket Purchase Orders: 'a. Lilly Dairy -- $2,000 (Juvenile Serv.) h. Ben E. Keith- 1,450 (Jail) b. Ray Criswell -- $3,000 (Maintenance) i. Flower's Bakery -- $1,600 (Jail) c. Lowe's -- $1,000 (Maintenance) j. Lilly Dairy -- $3,400 (Jail) d. Scarmardo Produce -- $9,450 (Jail) k. Brazos Wholesale -- $500 (Jail) e. US Foodservice -- $7,300 (Jail) 1. Ray Criswell -- $1,500 (Jail) f. Sysco Food -- $7,300 (Jail) m. Team Systems -- $1,400 (Jail) Performance -- $4,000 (Jail) uest by Purchasing for permission to dispose of salvage property. uest by Purchasing for approval of an amended Maintenance Agreement with Ikon to er copiers not covered by state contract agreements. tcellation of Bid 2004-005 for Fencing Supplies: barbed wire, metal tee posts and ous wooden posts awarded to Hicks Post Company ;entation and approval of the Commissioners Court minutes of the regular meetings the following 2004 dates: a. 6 January 2004 c. 20 January 2004 b. 13 January 2004 d. 27 January 2004 Plat of North Country Estates Phase Eight, 17.29 acres, G. H. Coleman survey, A- Brazos County, Texas. Site is located in Precinct 2. ,lat of Lot 7, Block One and all of Block Two, Rock Prairie West Business Park Phase 2.05 acres, Crawford Burnett, A-7, Brazos County, Texas. Site is located in Precinct 1. ended Plat of Lots 4 & 5, Block 1 of the final plat (Replat) of Bentwood Estates, se 1, Vol. 5233, Page 001, B.B.B. & C.R.R. Survey, A-82, and B. McGregor survey, 70, Brazos County, Texas. Site is located in Precinct 1. nowledgement of Monthly Reports submitted in May 2004. These reports are lable for review in the County Judge's Office. VOL PAGE 20..4 21. C 22. A 23. A The Brazos interpretive s Commissioners Court Agenda 25 May 2004 Page 3 nouncement of interest items and possible future agenda topics. li for citizen input and/or concerns ency / Board / Committee reports by Court members. ourn. ounty Courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign vices must be made two business days before the meeting. To make arrangements, call (979) 361-4102. VOL / PAGE,II.5 COMMISSIONERS' COURT REGULAR MEETING MAY 25, 2004 A regular meeting of the Commissioners' Court of Brazos lnty, Texas was held in the Brazos County Commissioners lrtroom in the Courthouse in Bryan, Brazos County, Texas, inning at 9:00 a.m. on Tuesday, May 25, 2004 with the lowing members of the Court present: Randy Sims, County Judge, Presiding; Eric Caldwell, Commissioner of Precinct 1; Duane Peters, Commissioner of Precinct 2; Kenny Mallard, Commissioner of Precinct 3; Carey Cauley, Jr., Commissioner of Precinct 4, Absent; Karen McQueen, County Clerk. The attached sheet contains the names of the citizens and of [icials that were in attendance. Commissioner Mallard gave the invocation and led the pi ~dge of allegiance. Under citizen input/and or concerns, the following spoke: Demetrios Basdekas - voiced concern over the voting machines not having a paper record of votes cast. Although he loves the machines, a challenge or recount would be very difficult to resolve without a paper record. County Judge - commented that he thinks the company is trying to develop such a feature that will meet the standards of the Secretary of State. He also announced that Commissioner Cauley had bypass surgery Wednesday night. The Court next considered Budget Amendment #03/04-31.1 PAGE Couffmeeting May25,2004 2 ?ough 31.2, which would reallocate funds for the Information :hnology Department and Sheriff-Jail Administration. On ion by Commissioner Peters, seconded by Commissioner lard, the Court voted unanimously to approve the budget ndment as submitted, a copy of which is attached. The Court proceeded to consider the change of status of loyees as submitted on the attached Personnel Action uests. On motion by Commissioner Peters, seconded by County Judge, the Court voted unanimously to approve the nges as submitted. The Court next considered the following Claims as >mitted by the County Treasurer for payment: 20062950 through 20063242 motion by Commissioner Peters, seconded by Commissioner Cz .dwell, the Court voted unanimously to approve the Claims as sL The next matter before the Court was termination of the T~ Increment Finance Reinvestment Zone No. 15 Agreement b( ween Brazos County and the City of College Station. The C¢ ~nty Judge moved to approve the termination. Commissioner Pc ;ers seconded the motion and it passed unanimously. Kim F( ~st, representative of the City of College Station, reported t( the Court that the city is still working on the PAGE 115 Co r( a~ ur w~ C¢ t¢ t~ C¢ F¢ ak ir s? C¢ S( r~ ar missionersCou~meeting May25,2004 3 :el/Conference Center. She anticipates a report will be ~dy in June from the company developing the project. She :ed the Court to delay their decision and table the item il the report is delivered. The County Judge said he ted a definite date for the City to report back to the Irt. He suggested June 17th. He went on to say that he had .d Mayor Silvia some time ago that the Court was considering .s action. The County Judge asked to be invited to the City ~ncil meeting to hear the report. He went on to ask Ms. ~st about the payment made in lieu of taxes that he read )ut in the paper. She apologized for not having detailed [ormation on the subject. The County Judge then asked that call him after finding out and let him know if the payment going into the TIF or to the City of College Station. The ~nty Judge and Commissioner Peters amended their motion and :ond to recommend postponing the action until they hear the )oft due on June 17, 2004. In reference to the TIF, Barry Bigger, of the Convention Visitors Bureau asked to address the Court on the sibility issue of a convention center and said the could ~ress some of the locations issues. He asked that this be iced on a future agenda. The County Judge informed Mr. ¥ DL PAGE Co Bi Cc V6 Pa a~ o~ f¢ r~ ON t~ r~ Oi Ma a~ Cc rE missionersCou~meeting M~25,2004 4 tger of the North & East County Judges and Commissioners ference in June. The Court next considered entering into agreement with tex Targeted Opportunities to provide professional :istance to explore opportunities for new Federal Financial ;ticipation (FFP) and to secure additional FFP as may be >ropriate for the County. The term of the agreement is for year beginning with the date of the contract. Compensation Vertex Targeted Opportunities would be 22 percent of all enue paid to the County (prospectively or retroactively). motion by the County Judge, seconded by Commissioner Peters, Court voted unanimously to approve the Agreement. A copy attached. The next matter for consideration was approval of tax [und applications from the following company: a) Lowe's Home Center, Inc. #103, Over Payment $33,208.57 b) The CIT Group, Over Payment $121.60 motion by Commissioner Peters, seconded by Commissioner .lard, the Court voted unanimously to approve the tax refund ~lications. The next matter before the Court was the Brazos County munity Healthcare Endowment Fund (CHEF) funding :ommendations for FY 2004-2005. They are as follows: ¥ 3L PAGE 117 Cou~meetingMay25,2004 5 Agency: Family Practice Foundation of the Brazos Valley, Inc. Amount: $44,175.00 Program: TAR WARS in Brazos County prevention program Agency: Health Fer Ail, Inc. Ameunt: $15,000.00 Pregram: Pharmaceutical Pregram Agency: Hospice Brazes Valley Ameunt: $50,000.00 Pregram: Nen-Funded Hespice Care for Brazes County Tebacce Related Illnesses Agency: Stand Tall Against Tebacco Amount: $10,825.00 Pregram: Stand Tall Against Tebacco preventien program metion by Cemmissiener Peters, seconded by Commissioner .lard, the Ceurt veted unanimeusly te accept the :ommendatiens ef the Cemmittee and fund the previeusly listed ~ncies as noted for a total amount of $120,000.00. The Ceurt next censidered the appeintment of Reland Haden a Brazos County's citizen representative on the Research _ley Partnership Board of Directors, replacing Lynn Stuart has cempleted his term. On metien by Commissiener Peters, onded by Cemmissiener Caldwell, the Ceurt veted unanimeusly t¢ appoint Roland Haden as Brazos County's citizen r~ }resentative on the Research Valley Partnership Board of DJ rectors for a two (2) year term. The Court proceeded to consider the following Blanket P~ :chase Orders: 5Le PAGE 1{ 8 Court meeting May 25, 2004 6 Lilly Dairy Juvenile Services Ray Criswell Maintenance Lowe's Maintenance Scarmardo's Produce Jail US Foodservice Jail Sysco Food Jail Performance Jail Ben E. Keith Jail Flower's Bakery Jail Lilly Dairy Jail Brazos Wholesale Jail Ray Criswell Jail Team Systems Jail $2,000 $3,000 $1,000 $9,450 $7,300 $7,300 $4,000 $1,450 $1,600 $3,400 $ 500 $1,500 $1,400 motion by Commissioner Peters, seconded by Commissioner .dwell, the Court voted unanimously to approve the Blanket ?chase Orders as submitted. The next matter before the Court was a request by the 'chasingDepartment to declare surplus property that received bids as salvage and authorize either the destruction or ~er disposal, such as donation. On motion by the County ige, seconded by Commissioner Peters, the Court voted tnimously to declare that property that received no bid as .vage and authorized the Purchasing Department to either {troy it or donate it. The Court next considered a request by the Purchasing >artment for approval of an amended maintenance Agreement wJ :h IKON to cover copiers not covered by state contract ac :eements. If approved, this would lower the monthly cost by a >roximately $300. On motion by Commissioner Peters, ', 50 PAGE II q Co B~ pc T? ci UF st gJ S~ t¢ Cc Or Nc missionersCou~meetingM~25,2004 7 :onded by Commissioner Mallard, the Court voted unanimously approve the amended maintenance agreement with IKON. A )y is attached. The next matter before the Court was the cancellation of #2004-005 for Fencing Supplies: barbed wire, metal tee ts and various wooden posts awarded to Hick Post Company. Purchasing Department received notification that due to cumstances beyond their control, Hick Post Company will be Lble to deliver the fencing supplies to the county. The bid ~tes that either party can cancel the contract at any time ~en a thirty-day notice. On motion by the County Judge, :onded by Commissioner Mallard, the Court voted unanimously cancel Bid #2004-005. The Court next considered approval of the minutes of the missioners' Court meetings held in January 2004 on the _lowing dates: Regular Meetings - 6th, 13th, 20th, and 27th motion by Commissioner Peters, seconded by the County [ge, the Court voted unanimously to approve the minutes as )mitted. The Court next considered approval of the Final Plat of Ih Country Estates, Phase Eight, 17.29 Acres in Precinct 2. :hard Vance, County Engineer, stated that he had reviewed )L PAGE 12LD Co t? Cc Cc CE Cc 7 P Er f¢ Or oi Er S missionersCou~meetingMay25,2004 plat and recommended acceptance missioner Caldwell moved to approve missioner Mallard seconded the motion. _dwell, Mallard and the County Judge 8 as submitted. as submitted. Commissioners voted "Aye" missioner Peters abstained because his first cousin is the reloper. The Court next considered approval of the Re-Plat of Lot Block One and all of Block Two, Rock Prairie West Business ?k phase 1, 22.05 Acres in Precinct 1. Richard Vance, County ineer, stated that he had reviewed the plat offered the lowing comment: Show where College Station city limit line is located on the re-plat. motion by Commissioner Caldwell, seconded by Commissioner :ers, the Court voted unanimously to approve the re-plat >ject to the developer complying with the exception noted by County Engineer. The Court next considered approval of the Amending Plat Lots 4 & 5, Block 1 of the Final Plat (Re-Plat) of Bentwood ~ates, Phase 1, in Precinct 1. Richard Vance, County ineer, stated that he had reviewed the plat and all ~eared to be in order. On motion by Commissioner Caldwell, ;onded by Commissioner Peters, the Court voted unanimously approve the final Amending Plat of Lots 4 & 5, Block 1 of DL PAGE Co Ac p~ is C¢ r~ A missionersCou~meeting May25,2004 9 Final Plat (Re-Plat) of Bentwood Estates, Phase I as mitted. The County Judge next considered the Addendum to the mda that was a request by the Task Force for permission to ?chase a new vehicle on state contract. Cost of the vehicle $14,499.00. On motion by Commissioner Peters, seconded by missioner Mallard, the Court voted unanimously to grant :mission to purchase the 2004 Chevy Impala. The Court acknowledged receipt of the Extension Service >orts for May 2004 and acknowledged receipt of reports from following County and Precinct Offices showing revenues lected and remitted to the County Treasurer: County Clerk District Clerk Justice of the Peace Precinct 1 Justice of the Peace Precinct 2, Place 1 Justice of the Peace Precinct 2, Place 2 Justice of the Peace Precinct 3 Justice of the Peace Precinct 4 Constable Precinct 1 Constable Precinct 2 Constable Precinct 3 Constable Precinct 4 Brazos County Events Facilities Road & Bridge Tax Assessor/Collector Sheriff ~opy of the Officials' reports can be viewed in the County ~itor's office. ¥ DL PAGE o2,9, Co pc mE Cc missionersCouameetingMay25,2004 10 There were no announcements of interest items and sible future agenda topics. There were no Agency/Board/Committee reports by Court bets. There was no citizen input and/or concerns. There being no further business to come before the irt, the meeting was adjourned. ¥ DL ~5 (4 PAGE I o23 T~ Cc ~nty, Texas. D~ me Peters ~ C¢ ~nissioner, Precinct 2 C~ .~ey Cauley, Jr. Cc ~nissioner, Precinct 4 At :est: 'K~en McQueen C~nty Clerk foregoing minutes of the Commissioners Court meeting held 25, 2004 have been examined and are approved in open Court , 2004, in Bryan, Brazos Eric Caldwell Commissioner, Precinct 1 Kenny Malla(~ ~\ Commissioner~ Precinct X~ ¥ )L PAGE BRAZO MEETIN~ Name COUNTY COMMISSIONERS COURT Organization/Department VOL ~..PAGE I,~)~? BRAZO: MEETIN( Name Organization/Department VOl. :~ PAGE._ Or members The follow T} 2004 budg, conditions following ~ AI THE COl~ Original: Copies: BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2003-2004 BUDGE~I NO. 03/04-31.1 thru 03/04-31.2 :his the 25th day of May 2004 at a regular meeting of the Commissioners' Court, the following re present: Randy Sims, County Judge, Presiding Eric Caldwell, Commissioner, Precinct 1 E. Duane Peters, Commissioner, Precinct 2 G. Kenny Mallard, Commissioner, Precinct 3 Carey Cauley, Jr., Commissioner, Precinct 4 Karen McQueen, County Clerk lg proceedings were held: iT WHEREAS, on 25 May 2004 the Court heard and approved a budget amendment for the 2003- year for Brazos County, Texas. EREAS, an expenditure is necessary due to the necessity to meet unusual and unforeseen ,hich could not be reasonably included in the original budget adopted 12 September 2003 the ~endment(s) to the original are hereby authorized, as described on the attached page(s). )PTED AND APPROVED this the 25th day of May 2004. ~ISSIONERS' COURT OF BRAZOS COUNTY, TEXAS. ~.,~' Sims-~ County Judge County Clerk's Office and attached to the original budget County Auditor County Treasurer Commissioners' Court Minutes VOL PAGE BUDGET AMENDMENTS No. 03/04-31.1 5/25/2004 FD DIV ACCT PROJ DR/CR ACCOUNT NAME Increase Decrease 01 140001 616200 CR. Subscriptions & Publications 140.00 01 140001 672110 DR. Software 140.00 Informatio] & Technology To reallocati n funds to allow for the purchase of needed soi~vare. VOLS~ PAGE J~ I BUDGET AMENDMENTS No. 03/04-31.2 5/25/2004 DIV ACCT 'PROJ DR/CR ACCOUNT NAME Increase Decrease 280020 I 612950 DR Employment Investigations 1,500.00 2800201 615200 DR Recruiting 500.00 I 2800201 591000 CR DDEA 2,000.00 ISheriff- Jat Administration reall funds to properly classify expenses associated with hiring new employees. I! PERSONNEL CHANGE OF STATUS CO1 DATE: May 25, 2004 Personnel 'OSE,:. Approve Personnel Change of Status REQUESTED l'NFl CHAPA II, ROLANDO X. STEP INCREASE ATTORNEY CHECK FUND ATTORNEY CHECK HIGGINSON, DAVID JADLOWSKI, MELISSA SIFUENTEZ, LAURA COZART, KELLYE N. MAGEE, WILLIAM HURST, GAYELYNN JOHNSON, RUBY L. BAUGHMAN, KAISHA PAY INCREASE PAY INCREASE PAY INCREASE NEW H~E-INTERN PAY INCREASE PAY INCREASE RESIGNATION TRANSFER WITHIN DEPT. OFFICE/JAIL MUSA, SALIMAH N. SIRACUSA, STEVEN C. KUCHINSKI, PAUL A. STEWART. WILL T. RESIGNATION-INTERN RESIGNATION-INTERN RESIGNATION-INTERN NEW HIRE-INTERN SERVICES BROWN-LEWIS, SHA'VONNE RAY, SHELLY D. TJPC STIPEND TJPC STIPEND TAX FFICE SNODGRASS, PATRICIA TRANSFER WITHIN DEPT. AND BRIDGE GUERRERO, JOSE G. NEW HIRE-SEASONAL Coun (This Commissioners' Court: May 25, 2004 ~.~ ~.//~ Judge's or Commissioner's Signature: ~~~~'~ .,~7~ ) opy to be attached to minutes) / - r This, the "County' referred to a Texas 75234. WHE state funds ?, (hereinafter WHE opportunities FFP as may b WHF exempt from Code when ff NOW recorded here 1.01 VERdi a. V~ additi~ partici the Cc AGREEMENT FOR PROFESSIONAL SERVICES between Vertex Targeted Opportunities and Brazos County, Texas greement is entered into by and between Brazos County, Texas (hereinafter referred to as and Vertex Targeted Opportunities, a business unit of Unificare, LTD, (hereinafter "VERTEX" or "Contractor"), located at 2010 Valley View Lane, Suite 300, Dallas, WITNESSETH LEAS, many of the services provided by the County are funded directly by local and aen, in fact, some of those services are eligible for Federal Financial Participation FP"); and · tEAS, VERTEX is willing and able to provide professional assistance to explore or new FFP, to review prospects for expansion of existing FFP, and to secure additional appropriate for the County; ~EAS, this is a contract for the purchase of a personal or professional service and is ~e open bid requirement established by Section 262.023 of the Texas Local Government Commissioners Court by order grants the exemption; THEREFORE, for and in consideration of these mutual covenants and promises ~, the parties hereto agree as follows. ARTICLE I RESPONSIBILITIES OF VERTEX ~X agrees to perform the following services: RTEX will review the policies and procedures used by the County to identify such ~al Federal and other revenue sources, if any, as may be available to the County through ation in new programs or expansion of existing FFP. To secure additional revenues for .nty, VERTEX will: Meet with County officials, including those who represent programs providing services that may be eligible for FFP, and identify FFP opportunities; ii. Prepare a written summary (the "Initiative") sufficient to briefly describe the FFP opportunity; 1 VOL %___mt 1.02 VER5 b. Sz cl C th C( 2.01 The C a. De b. Pr, for th~ 3.01 The ir (the "Initial T 3.02 Upon renewed on a notice is give~ Vertex Contract 21901 111. Assist the County in its efforts to prepare and present a claim for recovery of additional Federal dollars following approval of an Initiative; and iv. Assist the County in negotiations with Federal agencies to ensure that the County receives the additional revenues identified by VERTEX. EX will continually monitor for new opportunities of funding. ~enever a new opportunity arises, the County shall have sixty (60) days to act on its own. :ty (60) days after an opportunity becomes available and the County has not acted to im the new dollars, VERTEX may (i) notify the County of that opportunity, (ii) obtain unty approval of a new Initiative embracing the opportunity. VERTEX will then assist County to claim revenues identified by the approved Initiative and be entitled to npensation as set forth in Article VI of this Agreement. ARTICLE II RESPONSIBILITIES OF THE COUNTY unty agrees to perform the following activities: gnate a contract monitor who shall: i. Be the person responsible for monitoring VERTEX's performance under the terms and conditions of this agreement; and ii. Authorize payment for services rendered based upon properly submitted invoices to the County in accordance with Article V of this agreement (i.e. Compensation). lide VERTEX with copies of or access to documents and databases that are necessary ~uccessful completion of work required by this agreement. ARTICLE III INITIAL TERM AND RENEWAL Iial term of this Agreement is one (1) year, commencing with the date of this contract ?lTl"). onclusion of the Initial Term of this Agreement, this Agreement will automatically be ear-by-year basis, under the same terms and conditions as set forth herein, unless written at least thirty (30) days prior to the expiration of this Agreement. 2 The I by VERTEX evaluation, p limitation up 6.1 The i: County that ~ for new or e rate: · :' Twen descri 6.2 Unles the order of ~ 6.3 Both government received by ti receipts occu~ 6.4 VER] agreement be reimbursemeJ County shoul full extent of paid to, or 6.5 VERdi no liability fo 6.6 VER'I records, and accordance Vertex Contract 21901 ARTICLE IV CONFIDENTIALITY >unty and VERTEX mutually agree that the confidentiality of the information obtained ~hall be strictly observed, as permitted by law, in any reporting, auditing, invoicing and >vided however, that this provision shall be construed as a standard of conduct and not a n the right to conduct the foregoing activities. ARTICLE V COMPENSATION :ent of this Agreement is to compensate VERTEX only for new revenues received by the e a direct result of VERTE .X_'s efforts. The parties agree VERTEX will be compensated ~anced revenue sources that directly result from VERTEX's activities at the following ,-two percent (22%) of all revenue paid to the County (prospectively or retroactively) as ed in each of the Initiatives. otherwise agreed or directed by VERTEX in writing, the County shall make payment to ~RTEX, at 2010 Valley View Lane, Suite 300, Dallas, Texas 75234. arties recognize that delays in payment or reimbursement to the County by the Federal ay occur. VERTEX will be reimbursed within thirty (30) days after funds are actually County and an accurate invoice is delivered to the County by VERTEX, even if those 3eyond the term of contract. ~X agrees that in the unlikely event any funds recovered by the County as a result of this ubsequently disallowed, that the related fees paid to VERTEX based on such disallowed s will be credited against future payments to VERTEX, or be promptly repaid to the this agreement be terminated. In any event, the monetary amount of damages and the rERTEX's liability to the County, if any, shall be strictly limited to the amount of funds d to, VERTEX as a result of this Agreement. ~,X is not obligated to make the County aware of all funding opportunities and shall have any omission to identify the same. !X shall have the right to review the County's claims, grant awards, and such books, her documents as may be required to ensure that the payment of VERTEX's fees is in h this Agreement. 3 1 5.5 Any County shall mail to VER when posted 8.1 Autho executing this a Some Contractor will the online form 8.2 Chan completed on a 8.3 Choio executed by Co much of the cla and exclusive parties hereto resolution of a including a pre- 8.4 Count which shall be ¢ 8.5 Entire entire Agreeme understandings Agreement. 8.6 Force performance of control. 8.7 Headi] hereof. 8.8 Incons contractual agre 8.9 Indem persons or prop, other persons wi 8.10 Indepe County. Contra services hereum compensation o days notice. 8.11 Leeal i recover reasonal for thirty (30) df 8.12 Non-D employment of Vet'ten Coutract 21901 ARTICLE VI NOTIFICATION otice, specifications, reports, or other written communications from VERTEX to the ~e considered delivered when posted by certified mail. Any notice, delivered by certified 'EX at the address on the first paragraph of this Agreement shall be considered delivered ARTICLE VII MISCELLANEOUS PROVISIONS [ty. All necessary approvals for the execution of this Agreement have been obtained and each person 'cement on behalf of the County is authorized to execute this Agreement as the binding act of the County. cograms require a submission with digital signature from an authorized elected official of the County. repare the claim and then provide'step by step instructions for the authorized County official to complete to be in Writing. This Agreement may be modified to include additional work the County desires to be xed or contingent fee basis with the written consent of both parties. Df Law, Forum Selection and Alternative Dispute Resolution. This Agreement has been accepted and :ractor in the State of Texas, and shall be governed by the laws of the State of Texas. County recognizes ~s preparation work will be performed by Contractor at its headquarters in Dallas County, Texas. The sole hue for any legal action to enforce or interpret this Agreement shall be Dallas County, Texas, and the ree to and do hereby submit to the jurisdiction of such court. However, the parties prefer informal disputes. Prior to filing litigation, the parties shall discuss participating in alternative dispute resolution, lit mediation or settlement conference. torts. This Agreement and the Initiatives that follow may be executed in separate counterparts, each of :med to be an original, and such counterparts shall together constitute but one and the same document. kgreement. This Agreement and its attachments (including all approved Initiatives), if any, contain the : between the Contractor and the County. Any previous proposals, offers, discussions, preliminary ad other communications relative to this Agreement, oral or written, are hereby superseded by this [aieure. Contractor shall be excused from performance during any delay beyond the time named for the his contract caused by any act of God, war, civil disorder, strike or other cause beyond its reasonable :s. The headings used herein are for convenience only and shall not limit the construction or interpretation tencies. Where there exists any inconsistency between this Agreement and other provisions of collateral nents that are made a part hereof by reference or otherwise, the provisions of this Agreement shall control. fication. Contractor agrees to indemnify the County, its officers, employees and agents for injury to ty, including contractor, its officers, employees or agents, the County, its officers, employees or agents, or .,re such injury proximately results from an intentional act or omission of the Contractor or its employees. dent Contractor. Contractor shall be considered an independent contractor and not an employee of the or shall be solely responsible for paying its own staff and the out-of-pocket expenses it incurs in providing r. Contractor shall also maintain general liability insurance at its own expense, in addition to workers' 'erages as may be required by law, and will provide proof of insurance to the County upon twenty (20) ~es. In the event a claim for damages is made under this Agreement, the claimant shall be entitled to and necessary attorneys' fees, provided that said claim is first presented in writing and remains unpaid :rimination. In performing this Agreement, contractor agrees it will not engage in discrimination in rsons because of the race, color, sex, national origin or ancestry, or religion of such persons. 4 8.13 Prohil written County after 8.14 Rule this Agreement party shall not t 8.15 declared 8.16 neutral, 8.17 respect to hereunder precl are cumulative ainst There shall be no assignment or transfer of this Agreement without the prior parties hereto, except as follows: Contractor shall be permitted to assign its right to be paid by the its work on an Initiative. Construction. Each party and its legal counsel have been afforded the opportunity to review and revise The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting employed in the interpretation of this Agreement or any amendments of exhibits hereto. Each paragraph and provision hereof is severable from the entire Agreement and if any provision is tg provisions shall nevertheless remain in effect. and Definitions. All personal pronouns used herein, whether used in the masculine, feminine or other genders; the singular shall include the plural and the plural shall include the singular. The failure on the part of any party to exercise or to delay in exercising, and no course of dealing with ght hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right any other or further exercise thereof or the exercise of any other right. The remedies provided herein not exclusive of any remedies provided by law or in equity, except as expressly set forth herein. IN date written EXE TNESS WHEREOF, the undersigned partie, s have executed this Agreement as of the .low. THIS 1st DAY OF October, 2003 AGREED: BRAZOS C1 TEXAS N~ rV Vertex Comract 21901 ACCEPTED BY: VERTEX TARGETED OPPORTUNITIES A Business Unit of Unificare, Ltd. Federal Identification Number 75-2795617 IBtsY :GeUnn~; rlt'nIenrc' ~ Seni°~ Vicl PMiIi2x~0~ Valley Vi~wdi~antne, Suite 300 Dallas, Texas 75234 5 INITI? B) C) FIVE # 2: Juvenile Probation's Title IV-E Juvenile Maintenance Claims ~escription of Vertex's Contribution: ~ertex recognizes that the Brazos County Juvenile Probation Department's laintenance Claims for Title IV-E reimbursement could be greatly increased by >nducting maintenance activities of Juvenile Probation cases. Vertex will train avenile staff, implement a IV-E filing system, prepare all paperwork required, as well ~ prepare and submit all monthly Title IV-E Maintenance Claims for the Juvenile ,epartment. aseline Calculation: '/A greed, Vertex may proceed with this progrfim: County, Texas: razos ~ October 1, 2003 am;/ Date Title / ~ ertex Targeted Opportunities.'~~ October 1, 2003 Date INITIA A) B) C) ?IVE # 3: Juvenile Probation's Title IV-E Administrative Claims escription of Vertex Targeted Opportunities' Contribution: ertex recognizes that the Brazos County Juvenile Probation Department could file a deral Title IV-E Administrative Claim. This would generate federal reimbursements ]arterly for services the County staffs are already performing. Vertex will work with the ate to get an IGA in place. Then we will define and document reimbursable activities of tvenile Probation staff. In the process, Vertex will implement a time keeping system, Id prepare and submit Enhanced Title IV-E Administrative Claims for the Juvenile epartment. aseline Calculation: /A greed, Vertex may proceed with this Initiative: razos County Juvenile Board: Title ertex Targeted Opp°rtunit~ ?~/1 . /~~°7;Ureside tn~ October 1, 2003 Date October 1, 2003 Date VOL 5¢_m 13,'7 2. 3. 4. 5. 6. 7. 8. 9. This pr, advertL, THE FOR Randy / REQUEST FOR SALVAGE DESIGNATION 31ack vinyl chair, no arms ~.-panel partition )Id space heater ~lastic stacking bunks w/mattresses (2) 31ack vinyl side chair 31ack vinyl rolling chair w/arms !-drawer file cabinet l-drawer file cabinet 31ack plastic stack chair fair condition fair condition not working poor condition broken in pieces poor condition, tom poor condition broken, very poor condition paint spilled on it ~erty was offered to Brazos County departments with no response, then d at public auction with no bids received. 'EMS LISTED ABOVE ARE APPROVED ~LVAGE DESIGNATION: VOL 5~ PAGE THE CO 25 MAY BRAZO~ TEXAS. In additi on the fo: 1. Reqm The Brazos interpretive BRAZOS COUNTY BRYAN, TEXAS NOTICE OF ADDENDUM TO THE AGENDA BRAZOS COUNTY COMMISSIONERS COURT IMISSIONERS COURT WILL MEET IN REGULAR SESSION ON TUESDAY 2004 AT 9:00 A.M. IN THE COMMISSIONERS COURTROOM OF THE COUNTY COURTHOUSE, 300 E. 26TM STREET, SUITE 115, BRYAN, a to the regular agenda, the Commissioners Court will consider and take action ~wing item(s): by the Task Force for permission to purchase a new vehicle on state contract. ~unty courthouse is wheelchair accessible. Handicap parking spaces are available. Any request for sign 'vices must be made two busness days prior to the meeting. To make arrangements, call (979) 361-4102. VOL PAGE